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2.0_Newport North Center Monument Signs Appeal_PA2012-168
CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 3, 2013 Agenda Item 2 SUBJECT: Newport North Center Monument Signs Appeal - (PA2012 -168) 1200 Bison Avenue Modification Permit No. MD2012 -016 APPLICANT: Irvine Company— John Murphy PLANNER: Patrick Alford, Planning Manager (949) 644 -3235, palford@ newportbeachca.gov PROJECT SUMMARY An appeal of the Zoning Administrator's decision to approve a modification permit to allow alteration of an existing monument sign, and to allow the addition of a second multi- tenant identification monument sign. The existing monument sign would increase in area from 72 to 81 square feet and increase in height from approximately 8 feet to 9 feet; the new monument sign would measure 56 square feet in area and 6 feet 6 inches in height. RECOMMENDATION 1) Conduct a de novo public hearing; and 2) Adopt Resolution No. , denying the appeal, upholding and affirming the decision of the Zoning Administrator and approving Modification Permit No. MD2012 -016 with the attached Findings and Conditions (Attachment No. PC 1). Newport North Center Monument Signs Appeal April 3, 2013 Page 2 VICINITY MAP ti 318 231 31631} 124 9j 31131 g y p 2332'la2a 2u Subject Property 231 �- Newport North Shopping Ctr x3- 1200 Bison Avenue. wns,�.q oN Sign 1 Location Existing Monument Sign 1 Sign 2 Location 1z33 . New Monument Sign s. 1200 .w xi BIBON •VE O g 'lf 185ft GENERAL PLAN ZONING Subject Property Subject Propert y 1200 Bison Avenue. 1200 Bison Avenue. kN LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE CG - General PC 5 North Ford Planned Commercial Shopping Commercial Community— Commercial Area Center NORTH RM - Multi -Unit Planned Community Multi -Unit Residential Residential - a RS -D - Single -Unit PC 24 — Belcourt Planned SOUTH Residential - Detached Community District Single -unit Residential EAST CG- General Commercial PC 50 — Bonita Canyon Planned Community District Commercial Shopping Center WEST IG- General Industry PC 5 North Ford Planned Residential Apartment Community — Residential Area Units Newport North Center Monument Signs Appeal April 3, 2013 Page 3 Project Setting The project site is the Newport North Shopping Center, which is located on the north side of Bison Avenue and lies between MacArthur Boulevard and Camelback Street. The center is occupied by a gasoline service station, restaurants, retail and service retail uses. To the south, across Bison Avenue, is the Belcourt Terrace Residential Community; to the east, across MacArthur Boulevard, is the Bluffs Shopping Center; to the north is the North Newport Apartments Complex; and to the west is a Mini -U- Storage facility. Project Description /Action by the Zoning Administrator On January 24, 2013, the Zoning Administrator approved Modification Permit No 2012- 016, to allow alteration of the existing multi- tenant monument sign to allow an increase in area from 72 to 81 square feet and increase in height from 8 feet to approximately 9 feet; and a new monument sign was approved to measure 56 square feet and 6 feet 6 inches tall (Attachment PC 2, Project Plans). The Zoning Administrator staff report and minutes of the hearing are attached (Attachments PC 3 and PC 4, respectively). The Appeal On February 6, 2013, Council Member Leslie Daigle appealed the decision of the Zoning Administrator to the Planning Commission (Attachment PC 5). The appeal identified issues related to the authority of the Zoning Administrator to apply the provisions of the Zoning Code; the impact of the multi- tenant monument sign illumination on the neighboring residential community; the multi- tenant monument sign as not permitted by the North Ford Planned Community District (North Ford PC) Regulations (Attachment PC 6), and neighborhood compatibility. While the concerns are presented generally, the appeal letter indicates the crux of the concerns is the illumination and content of the multi- tenant sign located at the corner of Camelback and Bison. Background The North Ford PC contains standards for signs that have not changed since they were first adopted in 1968. On March 3, 2004, the Modifications Committee approved Modification Permit No. 2004- 009 to allow a new internally illuminated project identification monument sign for the center. On August 10, 2011, the Zoning Administrator approved Modification Permit No. 2011- 011, to allow a new monument sign as a multi- tenant identification sign. Newport North Center Monument Signs Appeal April 3, 2013 Page 4 Analysis Zoning Authority The appellant is challenging the authority of the Zoning Administrator to approve the subject signs. Specifically, the appellant argues that: • The Zoning Administrator inappropriately used Zoning Code sign standards instead of those of the North Ford PC; and • The proposed illuminated multi- tenant sign is not permitted by the North Ford PC. Section II, General Note No. 7, of the North Ford PC states, "Except as otherwise noted in this ordinance, the requirements of the Newport Beach Zoning Code shall apply. Additionally, Subsection 20.52.050.B.3.f of the Zoning Code allows modifications to increase the allowed height, number and area of signs. Finally, Section 20.42.020.E of the Zoning Code provides that if a planned community development plan does not provide regulations for a particular sign type or situation, the requirements of Chapter 20.42 (Sign Standards) shall prevail. It is staff's interpretation that the sign standards of the Zoning Code can be applied in cases where the North Ford PC is silent or to otherwise request deviation from its standards. It was under that authority that the actions of the Modifications Committee in 2004 and the Zoning Administrator in 2011, and 2013, were authorized to approve deviations from the sign standards of the North Ford PC to allow the original multi- tenant identification sign. Regarding the argument that the multi- tenant sign is not a sign type authorized by the North Ford PC, the PC permits each individual business to have an identification ground sign or an identification wall sign. The North Ford PC does not prohibit more than one identification ground sign from being incorporated into a single sign. Such consolidation is good planning practice that should be encouraged, even if it involves modification of the height, number and area of signs. Sign Illumination The appellant raised concerns regarding the illumination generated by the proposed new sign at the intersection of Bison Avenue and Camelback Street. In reviewing the application, the Zoning Administrator took into consideration input from staff (Attachment PC 3), written testimony (Attachment PC 7), and public testimony at the public hearing related to the impact of illumination on neighboring residential properties (Attachment PC 4). In response to those concerns, conditions of approval were included limiting the hours of illumination of the new monument sign to between 6 a.m. and 10:00 p.m., daily. Newport North Center Monument Signs Appeal April 3, 2013 Page 5 The applicant, in response to the letter of appeal, has provided additional information related to the ambient lighting at the intersection of Bison Avenue and Camelback Street (Attachment PC 8). The conclusions of the lighting analysis is that the increased illumination generated by the new sign will be perceptible immediately in front of the sign, but that any increase in illumination will be negligible or imperceptible as the distance increases away from the intersection. Staff observed the nighttime lighting at the intersection of Bison Avenue and Camelback Street generated by the existing street lights and the traffic signals, and concurs with the conclusions of the lighting engineer. Compatibility The appellant also raised a concern that the addition of the new monument sign at the intersection of Bison Avenue and Camelback Street is not compatible with the surrounding area. Bison Avenue is designated as a Primary Road (Four Lane Divided) in the Circulation Element of the General Plan. Bison Road is heavily traveled by motorists to access the SR -73 Toll Road. Staff is of the opinion that the addition of freestanding signs at the subject property, and in particular at the corners of the subject property is consistent with signage typically provided for any shopping center in such a setting. The fact that the proposed monument sign includes the names of individual tenants does not affect compatibility with the surrounding area since it remains a monument sign. However, the issue raised and addressed with regard to the illumination is directly related to compatibility, and conditioned to alleviate that impact. �nnnh icinn For the reasons above, staff recommends that the Planning Commission determine that the Zoning Administrator was within the authority as specified by the North Ford PC, the Sign Code and the Modification Permit authority. That the two monument signs as proposed, provide adequate tenant identification and visibility, that the conditions of approval have adequately addressed the illumination concerns of the residential neighbors, and that the signs are compatible with the surrounding area. Alternatives As the review authority, the Planning Commission may also: 1. Affirm, in part, the action of the Zoning Administrator by modifying or adopting additional conditions of approval; or 2. Revise the action of the Zoning Administrator and deny the Modification Permit (a draft resolution for this action is provided as Attachment PC 9). Environmental Review The project qualifies for Class 11 (Accessory Structures) categorical exemption, Section 15311 of the California Environmental Quality Act. This class exempts construction, or Newport North Center Monument Signs Appeal April 3, 2013 Page 6 placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on- premise signs. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet (excluding intervening rights -of -way and waterways) 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. Prepared by: Patrick J. Alford, Planning Manager ATTACHMENTS Submitted by: PC 1 Draft Resolution of Approval with Findings and Conditions PC 2 Project Plans PC 3 Jan. 24, 2013, Zoning Administrator Staff Report PC 4 Excerpt of Jan. 24, 2013, Zoning Administrator Minutes PC 5 Letter of Appeal PC 6 Excerpt of North Ford PC Regulations PC 7 Photos /Correspondence Received PC 8 Applicant's Letter in Response to the Appeal PC 9 Draft Resolution of Denial with Findings , Deputy Director Attachment No. PC 1 Draft Resolution of Approval with Findings and Conditions RESOLUTION NO. 2013- DRAFT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING AN APPEAL AND UPHOLDING AND AFFIRMING THE DECISION OF THE ZONING ADMINISTRATOR AND APPROVING MODIFICATION PERMIT NO. MD2012 -016 FOR THE NEWPORT NORTH SHOPPING CENTER LOCATED AT 1200 BISON AVENUE (PA2012 -168) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John Murphy on behalf of the Irvine Company, property owner, with respect to property located at 1200 Bison Avenue legally described as Lot 6, Tract 12309, requesting approval of a Modification Permit. 2. The subject property is located within the PC -5 Zoning District (North Ford Planned Community, General Commercial Area 3) and the General Plan Land Use Element category is CG (General Commercial). 3. The applicant requests a Modification Permit to allow reconstruction of the existing and construction of a new second freestanding multi- tenant monument sign to identify on- site retail tenants and the project, where the North Ford Planned Community District Regulations restrict the property to a freestanding signs for project identification only. Additionally, the freestanding signs will exceed the maximum height of four (4) feet specified by the Planned Community District Regulations for monument signs, and more than the 20 percent increase that can be authorized by a comprehensive sign program. 4. A public hearing was held on January 24, 2013, by the Zoning Administrator in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. The Zoning Administrator was conditionally approved the application, with the findings and conditions as stated in Resolution No. ZA2013 -005. 5. On February 6, 2013, an application was received, appealing the decision of the Zoning Administrator that approved Modification Permit No. 2012 -016. The appellant raised issues related to sign type, sign illumination, and compatibility with the surrounding area. 6. A public hearing was held on April 3, 2013, by the Planning Commission in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and Planning Commission Resolution No. 2013 - Page 2 of 8 considered by, the Planning Commission at this meeting. The application was conditionally approved. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project has been reviewed, and qualifies for a Class 11 (Accessory Structures) categorical exemption pursuant to Title 14 of the California Code of Regulations (Section 15311, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act). 2. Class 11 exempts construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on- premise signs. SECTION 3. REQUIRED FINDINGS. Modification Permit to allow the construction of two freestanding signs to exceed the permitted height and to allow the new signs to identify individual tenants (multi- tenant monument signs), where the North Ford Planned Community District Regulations limit the monument signs to 4 feet tall and project identification only. In accordance with Section 20.52.050.E (Findings and decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a Modification Permit are set forth: Finding A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding 1. The subject property is located in the PC -5 (North Ford Planned Community, Area 3) District and is designated CG (General Commercial) by the Land Use Element of the General Plan. This district is intended to provide for a wide variety of commercial activities oriented to primarily serve citywide and regional needs. The existing commercial development and proposed signage is consistent with this land use designation. The application of the Zoning Code provisions for signs in place of the North Ford Planned Community District Regulations is appropriate since the commercial shopping center is comparable to other such commercial centers located citywide. The proposed signage is accessory to the primary use. 2. The freestanding signs, as proposed, are in scale with the property street frontages in that the maximum permissible size for each sign does not exceed 150 square feet. 03 -15 -2013 Planning Commission Resolution No. 2013 - Page 3 of 8 3. The changes to the existing monument sign and the proposed new monument sign are consistent and comparable with other commercial properties located citywide which have not been deemed incompatible with the surrounding neighborhood. Finding B. 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 perpendicular orientation of the westerly building to Bison Avenue obstructs the visibility of the tenant wall signs on all buildings that generally face the interior parking lot. 2. The freestanding signs as proposed will provide enhanced visibility for vehicular traffic traveling eastbound on Bison Avenue for project identification and individual tenants that range in distance from the street right -of -way of between 35 and 100 feet. This is important for visibility to eastbound Bison Avenue traffic as they approach Camelback Street, which is the last opportunity to access the shopping center, since U -Turns are prohibited to eastbound traffic at the intersection of Bison Avenue and MacArthur Boulevard. 3. The proposed increased height of the freestanding signs is necessary due to the overall size of the commercial project, placement of the buildings on the site, and the speed of traffic on Bison Avenue and MacArthur Boulevard. Additionally, several tenants are located interior to the property with limited or obstructed sign visibility from the roadways. 4. The change to the existing monument sign will increase in area to 81 square feet and increase in height to 9 feet; and the new monument sign will be 56 square feet and 6 feet 6 inches tall, will provide adequate sign area to provide tenant identification that will be readily visible from the adjacent roadways. Finding C. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding 1. The property is developed with four buildings with tenant identification wall signs, some of which are not directly visible from the roadways and which will be supplemented by the visibility of the monument signs. 03 -15 -2013 Planning Commission Resolution No. 2013 - Page 4 of 8 2. The modification permit will allow freestanding signs that are in scale with the buildings and that provide enhanced visibility from MacArthur Boulevard and Bison Avenue frontages to the greatest extent possible. Finding D. There are no alternatives to the modification permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Facts in Support of Finding 1. The granting of a modification permit to allow the increased height of the freestanding signs, will also allow identification of multiple tenants with enhanced visibility from MacArthur Boulevard and Bison Avenue. The modification to allow the increased height of the second multi- tenant identification sign will provide visibility to vehicular traffic traveling eastbound on Bison Avenue and allow for direction to the Camelback Street entrance to the shopping center. The visibility provided by the increased height is important since vehicular traffic cannot make a U -Turn at MacArthur Boulevard. Similar provision could not be granted within the parameters of the North Ford Planned Community District Regulations or the Zoning Code that could enhance visibility to remedy the restricted traffic movements in and around the site or on the adjacent roadways. Finding E. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding 1. The proposed freestanding signs are consistent with the multi- tenant signage of the commercial projects within North Ford Planned Community and elsewhere in the City and for those reasons will not be detrimental to public health, safety, or welfare to the occupants of the property, nearby properties, the neighborhood, or the City. 2. The monument signs as recommended will not interfere with sight distance for vehicles entering or exiting the property from the driveways on Bison Avenue or Camelback Street. 3. The signage is for commercial uses in a commercial district and is not in or adjacent to a residential district. 03 -15 -2013 Planning Commission Resolution No. 2013 - Page 5 of 8 4. No foreseeable detriment will result from the approval of the modification permit as conditioned to limit the height and number of multi- tenant monument signs (two only, multi- tenant project signs), with identification of no more than three tenants per sign as recommended by staff; one at the MacArthur Boulevard Frontage and one at the intersection of Bison Avenue and Camelback Street. 5. The requirement that illumination of the monument sign located at the intersection of Bison Avenue and Camelback Street be controlled by a timer and turned off between the hours of 10:00 p.m. and 6:00 a.m. is appropriate and necessary to alleviate potential detrimental effect on residential neighbors. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies the appeal and upholds and affirms the decision of the Zoning Administrator and approves Modification Permit No. MD2012 -016, subject to the conditions set forth in Exhibit A which are attached hereto and incorporated by reference. 2. Modification Permit applications do not become effective until 14 days following the date of action. Prior to the effective date, the applicant or any interested party may appeal the decision of the Planning Commission to the City Council by submitting a written appeal application to the City Clerk. For additional information on filing an appeal, contact the Planning Division at 949 - 644 -3200. PASSED, APPROVED AND ADOPTED THIS 3`d DAY OF APRIL, 2013. AYES: NOES: ABSTAIN: ABSENT: BY: MIN Michael Toerge, Chairman Fred Ameri, Secretary 03 -15 -2013 Planning Commission Resolution No. 2013 - Page 6 of 8 WA :11-311 iiL111 CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, details, and elevations, except as noted in the following conditions and Exhibit "B." 2. All signs shall be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the Newport Beach Municipal Code. Temporary and exempt signs not specifically addressed in this Modification Permit shall be regulated by the provisions of Chapter 20.42 of the Newport Beach Municipal Code. 3. Locations of the signs are limited to the designated areas and shall comply with the limitations specified herein and any applicable sight distance provisions of Chapter 20.42 of the Newport Beach Municipal Code or required by the Public Works Department (City Standard 110 -L, using S =525 feet for MacArthur Boulevard). Additionally, the applicant shall provide Sight Distance Exhibits for review and approval by the Public Works Department prior to issuance of building permits, if applicable. 4. Prior to issuance of building permits for either monument sign, a survey shall be performed to accurately depict the location of the monument signs in relation to the property line and a copy shall be attached to and incorporated into the construction plans. 5. In the case of the monument sign located at the intersection of Bison Avenue and Camelback Street, the plans submitted for building permits shall depict and call out all traffic signal equipment located within close proximity to the proposed sign. The As- Built Traffic Signal Plan included with the Staff Report Attachment ZA 4, shall also be included in the construction plans. 6. The plans submitted for building permits shall show the location of existing Southern California Edison (SCE) Easement. 7. Prior to issuance of building permits, the applicant shall submit to the Planning Department an additional copy of the approved architectural plans for inclusion in the Planning Division file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this approval and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 8. A building permit shall be obtained prior to commencement of the construction and /or installation of the signs, and in accordance with the applicable Building Codes. 03 -15 -2013 Planning Commission Resolution No. 2013 - Page 7 of 8 9. A copy of the resolution, including conditions of approval Exhibit "A," and Exhibit "B" shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits for the freestanding signs, to identify this approval as the authority for location, size and placement. 10. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 11. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Newport North Center Sign Modification Permit including, but not limited to Modification Permit No. MD2012 -016 (PA2012 -168) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 12. The lighting source for the monument sign located at the intersection of Bison Avenue and Camelback Street shall be controlled by a timer to automatically cease operation between the hours of 10:00 p.m. and 6:00 a.m., daily. 03 -15 -2013 Planning Commission Resolution No. 2013 - Page 8 of 8 W1:11 IIIM 31111 SIGN MATRIX Frontages: Sign 1.1, MacArthur Boulevard Frontage Sign 1A.1, Bison Avenue Frontage Type of Sign & Location Other Requirements • Max Height: 8 feet 11 inches, average height • Max Length: 14 feet. in overall length Monument Sign 1.1 • Max Sign Area: 95 sq. ft. Multi -Panel and Project • Max Vertical Dimension: Logo or Letter: 36 in; 6 -in minimum letter height. Identification Sign, • Location: Shall be verified by a survey of the existing sign and any change shall MacArthur Blvd be verified to maintain the existing distance from edge of the trail pavement which is approximately 8 feet. • Shall not identify more than three (3) retail tenants per side. • Max Height: 6 feet 6 inches, average height • Max Length: 9 feet 5 inches, overall length Monument Sign • Max Sign Area: 44 sq. ft. Multi -Panel and Project Max Vertical Dimension, Logo or Letter: 36 in; 6 -in minimum letter height. Identification Sign, Location: Minimum of 8 feet from property line, unless otherwise required to be Bison Avenue greater by the Public Works Department. • Shall not identify more than three (3) retail tenants. • The lighting source shall be controlled by a timer to automatically cease operation between the hours of 10:00 p.m. and 6:00 a.m., daily. NOTES /REQUIREMENTS: a) Requirements for all signs per Municipal Code Chapter 20.42, freestanding signs per Section 20.42.080 C, except as provided in this sign matrix. b) Sign area is the area measured by two perpendicular sets of parallel lines that surround the proposed logo and sign copy. All signs shall substantially conform to the approved attached sign matrix. c) Pursuant to Section 20.42.120.F of the Zoning Code, the Community Development Director may approve minor revisions to this approval if the intent of the original approval is not affected. 03 -15 -2013 Attachment No. PC 2 Project Plans Newport North Center Signage and Graphics Program Newport Beach, California Project Number 11003 Design Development 11.27.12 31 Cella �uaalo,N RETAIL 4 IRVINE COMPANY I PROPERTIES Be�,�ly X�IIS�C� 90310 ,el 951] 1.9590 31 m U t 1 SITU SIGN LOCATION PLAN SCAW. N.T.S. 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NF. 11°23 Photosim M Attachment No. PC 3 Jan. 24, 2013, Zoning Administrator Staff Report fiEWPOo COMMUNITY DEVELOPMENT DEPARTMENT 04 �� PLANNING DIVISION U$ 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644 -3200 Fax: (949) 644 -3229 CgCIFURN�P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT January 24, 2013 Agenda Item No. 2 SUBJECT: Newport North Center Monument Signs (PA2012 -168) 1200 Bison Avenue Modification Permit No. MD2012 -016 APPLICANT: Irvine Company — John Murphy PLANNER: Javier S Garcia, AICP, Senior Planner (949) 644 -3206, jgarcia @newportbeachca.gov ZONING DISTRICT /GENERAL PLAN Zoning Code — PC -5, Area 3 Commercial (North Ford Planned Community) General Plan — CG (General Commercial) PROJECT SUMMARY A Modification Permit to alter an existing monument sign fronting on MacArthur Boulevard, converting it to a multi- tenant sign; and to allow the addition of a second multi- tenant monument sign at the intersection of Bison Avenue and Camelback Street (northeast corner of the property). The existing monument sign will increase in area from 72 to 81 square feet and increase in height from approximately 8 feet to 9 feet; and the new monument sign will be 56 square feet and 6 feet 6 inches tall. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. ZA2012- approving Modification Permit No. MD2012 -016 (Attachment No. ZA 1). 1 Newport North Center Monument Signs Modification Permit No. MD2012 -016 Page 2 • The property is located in the PC -5 (North Ford Planned Community) District. Newport North Shopping Center is currently occupied by a mix of commercial uses. Land uses include retail storefronts and a gasoline station. • The property is subject to both pedestrian and vehicular traffic, which prompts the need for adequate visible signage to identify the on -site tenants and direct the public to safely arrive at the shopping center. • The configuration of the site, limits vehicular access to westbound traffic on Bison Avenue and to northbound traffic on Camelback Street, and the mix of uses create a need for the modification permit to allow an additional monument sign at the corner of Bison Avenue and Camelback Street. This is important for visibility to eastbound traffic as they approach Camelback Street, which is the last opportunity to access the shopping center, since U -Turns are prohibited to eastbound traffic at the intersection of Bison Avenue and MacArthur Boulevard. • The North Ford Planned Community Regulations limit identification monument signs up to 4- feet -tall and 150 square feet maximum sign area when located within 20 feet of the property line. This regulation does not provide for tenant identification or adequate sign visibility. Sign visibility to identify the site is particularly ineffective for vehicular traffic traveling eastbound on Bison Avenue to facilitate access to the shopping center due to the two limited access points available. Additionally, the visibility of wall signs on the building to identify individual tenants within the shopping center is also limited by the distance of the buildings from the roadways. Therefore, the two monument signs will alleviate visibility by placement in locations that better serve persons seeking the shopping center. • Staff believes that the additional sign area is necessary to provide adequate visibility and identification of the site and to the mix of individual tenants within the area from on -site and off -site vantage points. • A modification permit is required to allow the monument signs to exceed the 4 foot height provisions and to allow for the identification of individual tenants whose wall signs are not visible from the roadways. The increased height is necessary for adequate identification of individual tenants with letter sizes that are visible to vehicular traffic traveling on the adjacent roadways. • This approval will supersede Modification Permit No. MD2011 -011, approved August 10, 2011, which permitted a monument sign (project identification only) fronting on MacArthur Boulevard, limited to 14 feet, 4 '/z inches long, 7 feet 11 inches high, 72 square feet of sign area, and identifying the shopping center only and not any individual tenants. 3 Newport North Center Monument Signs Modification Permit No. MD2012 -016 Page 3 ENVIRONMENTAL REVIEW The project qualifies for Class 11 (Accessory Structures) categorical exemption, Section 15311 of the California Environmental Quality Act. This class exempts construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on- premise signs. PUBLIC NOTICE Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet (excluding intervening rights -of -way and waterways) 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. APPEAL PERIOD: An appeal may be filed with the Director of Community Development, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). For additional information on filing an appeal, contact the Planning Division at 949 644 -3200. Prepared by: — a Javier S. arcia, AIC , Senior P4anner BW /jsg Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant's Justification Letter ZA 4 Photos, Traffic Signal Plan, and Project Plans 0 Attachment No. PC 4 Excerpt of Jan. 24, 2013, Zoning Administrator Minutes NEWPORT BEACH ZONING ADMINISTRATOR MINUTES NEWPORT BEACH ZONING ADMINISTRATOR MINUTES Council Chambers — 3300 Newport Boulevard Thursday, January 24, 2013 REGULAR HEARING 3:30 p.m. A. CALL TO ORDER — The meeting was called to order at 3:30 p.m. Staff Present: Brenda Wisneski, Zoning Administrator Jason Van Patten, Planning Technician Javier S. Garcia, AICP, Senior Planner B. MINUTES of January 10, 2013 Action: Approved C. PUBLIC HEARING ITEMS 01/24/2013 NO. 1 819 West Balboa Boulevard Parcel Map No. NP2012 -010 (PA2012 -170) 819 West Balboa Boulevard CD 1 Jason Van atten, Planning Technician, provided a brief description of the project stating that an existing single family residen was to be demolished and would be replaced with a proposed two -unit condominium project. Mr. Van Patten adde hat the application for a parcel map would allow each unit to be sold individually and that the applicant had not re sted a waiver of Title 19 Subdivision standards. He further noted that plans for the two -unit condominium project we in plan check and that the applicant was subject to in -lieu housing fees, park dedication fees and fair share fees. Mike Schmidt, applicant, introduceb,. imself. He stated that he had read the resolution and the required conditions. The Zoning Administrator opened the pubNc�hearing. One member of the public, Jim Mosher, spoke bqd stated that he was unclear as to the justification of the required fees specified by Conditions No. 6, 7, and 8. He fu er had questions and comments regarding the language of the CEQA exemption, Coastal Commission review, and c1drq of Conditions No. 5 and No. 10. In response to Mr. Mosher, Zoning Administrator Wisneski s d that additional fees were assessed based on the increase in number of units. Seeing that no one else from the public wished to comment, the public h ring was closed. Zoning Administrator Wisneski noted that the resolution would be revised to cl ' the CEQA reference as raised by Mr. Mosher, and approved the resolution as amended for Parcel Map No. NP201 10. Action: Approved ITEM N0.2 Newport North Center Monument Signs Modification Permit No. MD2012 -016 (PA2012 -168) 1200 Bison Avenue CD 4 Javier Garcia, Senior Planner, provided a brief project description and noted minor corrections to the staff report and the resolution. He briefly described the project site and the proposal to increase the height of the existing monument on MacArthur Boulevard by one foot and a new monument sign to be located at the comer of Bison Avenue and Camelback Street. Mr. Garcia described prior history regarding right -of -way changes that occurred with regard to the MacArthur Boulevard property line which may have affected the location of the existing monument sign. Mr. Garcia also stated he was contacted by Mr. Bob McCaffrey expressing his concern with the illumination of the monument signs affecting the residential living areas. Mr. McCaffrey's property at 40 Hillsdale Drive, Belcourt Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 01/24/2013 Terrace, indirectly overlooks the subject property. To address this concern, Mr. Garcia distributed an additional condition of approval requiring limiting the illumination of the new monument sign between 10:00 p.m. and 8:00 a.m. The Zoning Administrator opened the public hearing. Nancy Mallar, President of the Belcourt Terrace Homeowners Association (a sub - association of North Ford), noted residents within her community expressed concerns with the visibility of the new sign as viewed from the Belcourt Terrace community. She expressed that the existing sign is bright and that other freestanding signs on Bison Avenue are not illuminated. Jim Mosher, resident, expressed his appreciation that the proposed and existing monument signs include the project address. He felt that the proposed sign was similar to the freestanding signage at the Westcliff Plaza Shopping Center which is an eyesore. He stated that the Planned Community text was last amended on February 26, 2008 and that the PC text should be amended to address the proposed signage. He opined that the PC text allows a 20 -foot tall multi- tenant sign and questioned whether the proposed signs achieve reasonable identification of the center. He contends that a sign further west of the center would be a better solution to give motorists earlier notice of the center. He also suggested relocating or constructing a subterranean vault for an existing traffic signal box located at the corner of Bison Avenue and Camelback Street. He also commented on typographical errors in the staff report and the resolution. Seeing that no one else from the public wished to comment, the Zoning Administrator closed the public hearing. Mr. Garcia addressed the type of sign that Mr. Mosher questioned. Mr. Garcia described the two types of signs listed in the Planned Community District regulations which are project identification and multi- tenant directory signs. The proposed signs are a hybrid of the two types, and not a multi- tenant directory sign, since not all tenants are identified. Staff also expressed current trending of signs and tenant mix of multi- tenant buildings. The Zoning Administrator raised questions related to the exact location of the MacArthur Boulevard sign and requested that a condition be included requiring the survey be submitted confirming the location of the existing sign. The applicant concurred with that requirement. The Zoning Administrator expressed that there was a need for the second sign located at the intersection of Bison Avenue and Camelback Street for motorists traveling eastbound. The Zoning Administrator stated, and applicant agreed, that the sign program require the new sign be a minimum of eight feet from the property line, and not allow for discretion by the Public Works Department. Concerns with regard to lighting were discussed. The Zoning Administrator stated that the proposed sign design and materials were consistent with other Irvine Company signs, and that is was important to maintain that consistency. To address the concerns of the Belcourt residents, in addition to the fact that the businesses on the center are closed after 10:00 p.m., the Zoning Administrator supported including the condition added by staff. However, to accommodate business hours, she modified the condition to require the lights to be shut off between the hours of 10:00 p.m. and 6:00 a.m., daily. The discussion and comments were incorporated into the resolution for approval. Zoning Administrator Wisneski noted that the clarification and changes discussed would be provided with regard to comments raised by Mr. Mosher, the concerns of the neighbors, with concurrence of the applicant, and adopted the resolution as amended for Modification Permit MD2012 -016. Action: Approved as amended D. PUBLIC COMMENTS ON NON - AGENDA ITEMS None. ADJOURNMENT The hearing was adjourned at 4:10 p.m. Page 2 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 01/24/2013 The agenda for the Regular Hearing was posted on January 18, 2013, at 2:35 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building and on the City's website on January 18, 2013, at 2:55 p.m. , Zoning Administrator Page 3 of 3 Attachment No. PC 5 Letter of Appeal Appeal G' ppificat'gan T Community Development Department b Planning Division > 3300 Newport Boulevard, Newport Beach, CA 92663 (949)644 -3204 Telephone 1 (949)644 -3229 Facsimile www.newportbeachca.gov Application to appeal the decision of the: W, Zoning Administrator ❑ Planning Director ❑ Hearing Officer Appellant Information: Name(s): Leslie Daigle Address: 2201 Vista Huerta City /State /Zip: Newport Beach, CA 92660 Phone: (949) 233 -4869 Fax: Appealing Application Regarding: Name of Applicant: /vine L"Jo;, Email: For Office Use Only Date Appeal Filed: Fee Received: Received by: �urPIAI J h Date of Decision: J U hN a vy 2q'-2'-r'13 Project No. (PA): '2 V2- - Activity No.: 2 _ C( 6 Site Address: ( ?_ o o -k::,) ; S a -,/ten/ uU-_ Description: a l -(, n \ 'eXl s f o'j n "'t l kl Irm�u ,i Mcq'w rue�4.l s l'ya, ( M `i i'1 A 't- 4 -k[ \ ✓\ , �"i5n\7 016VVe ,8 e4 vhelhacL Sfiee r, `t;ofti a✓e ;'I Io hl; lu%,o Reason(s) for Appeal (attach a separate sheet if necessary): Please see attachment r- - Along with application, please submit the following: , Ii1 Twelve (12) 11x1 7 sets of the project plans o One set of mailing labels (on Avery 5960 labels) for all property owners within a 300 -foot radius, excluding intervening right -of -ways and waterways, of the subject site. yy Signature of Appellant: _ CCU : Date: I: \Users \CD D \Shared\Ad mi n \P lanning_Division\App licalionsVA pp a al\Application.d ocx Updated 2/0/12 Brown, Leilani From: lesliejdaigle [lesliejdaigle @icloud.com] Sent: Wednesday, February 06, 2013 2:25 PM To: Garcia, Jay; Brandt, Kim; Brown, Leilani Cc: lesliejdaigle @icloud.com Subject: Belcourt Appeal Fran Erernete: Belcourt Appeal I appeal the Zoning Administrator's decision of MD2012 -016 in my capacity as a Council Member representing the general public. The City of Newport Beach has a long tradition of developing and adopting Planned Community texts to address the unique conditions of a local area. Conformity with the Planned Community text ensures compatibility with the local area. The center falls under the North Ford Planned Community text with specific provisions for signage. A proposed illuminated multi - tenant identification monument sign(s) is not modifying an existing sign type permitted in the PC text. This type of sign is invented out of whole cloth. The Zoning Administrator substantiates the finding "A" : "The requested modification will be compatible with existing development in the neighborhood ," with untrue facts. (Resolution No. ZA2013 -005) The evidence that "the proposed signage is consistent with the Zoning Code applies the wrong set of standards to the review." The project should be reviewed against the North Ford Planned Community text, which provides a specific sign program for the center. The evidence that "changes to the existing monument sign and the proposed new monument sign are consistent and comparable with other commercial properties located city wide that are compatible with surrounding areas" applies the wrong standards and analysis. The proposal should be evaluated for its compatibility with the area surrounding the center bearing the sign placement and not in the context of a faraway center's compatibility with its surrounding area. The introduction of an illuminated multi - tenant identification monument sign at Camelback/Bison is visually intrusive both in its illumination and content to the property owners who have resided next to a center that is a fixture in our community. Residents sought my involvement in the appeal of MD2012 -016. The North Ford Planning Community sign program allows for individual tenant identification signs in the ground and placed on a wall. The sign program permits one Multi- Tenant Directory Sign listing only the name of the business. The proposal is for a multi tenant identification monument sign located along street frontage. This type of sign is not a permitted sign in the North Ford PC text. It is a hybrid of two permitted sign types. The Zoning Administer's analysis that an illuminated multi- tenant monument sign should be installed at Camelback /Bison so that a motorist does not miss the center and continue to the next intersection were a U -turn is prohibited misses the intent of the sign. It is a multi- tenant identification monument sign intended to advertise tenants. not identify the center. No such sign type exists in the North Ford PC. Both the applicant and Zoning Administrator have misinterpreted sign types permitted in the North Ford PC. The applicants proposes to "modify" a sign type that is not permissible in the North Ford PC - a multi tenant identification monument sign designed for advertising tenants to the external environment. I travel along Bison in an easterly direction as I am a frequent customer of businesses at the center and utilize the US Post Office along Camelback. The conclusion I draw from driving the area is different than that of the project applicant and Zoning Administrator. I would appreciate their consideration to re -visit the area during the evening hours. The center has been a fixture in the community for many years. Residents already know where it is. There are two signalized intersections within a few hundred feet that prevent a car from building up speed and shooting past the center. I fail to see how motorists miss the center due to a lack of visibility or excessive motorist speed. The Zoning Administrator applies the wrong set of standards, fails to analyze the project for compatability with the surrounding area, and grants a modification to an impermissible sign type in the North Ford PC. As I progress through Findings "B" and "C" I find additional shortcomings. At this stage, I believe significant issues have been raised about this approval. I may submit additional issues as this application will be heard at a de novo hearing of the Planning Commission. Let me be clear. I have been elected, and re- elected, to fairly represent my constituents. The crux of the resident's concerns is the illumination and content of a multi - tenant monument sign located at the corner of Camclback and Bison. Please contact me at (949) 233 -4869 if you want to discuss my appeal of MD2012 -016. Thank you Attachment No. PC 6 Excerpt of North Ford PC Regulations E. Signs 1. Identification Sign Area - General Standard Only one (1) single or double -faced identification sign shall be permitted per street frontage for each individual business. No sign shall exceed an area equal to one and one -half (1 -1/2) square feet of sign for each one (1) foot of lineal frontage of the building or store. However, no sign shall exceed 200 square feet in area per face. a. Identification Ground Sign An identification ground sign shall not exceed four (4) feet above grade in vertical height. Also, ground signs in excess of 150 square feet in area (single face) shall not be erected in the first twenty (20) feet, as measured from the property line, of any streetside setback. However, the above standards shall not apply to the Multi- Tenant Directory sign or the allowed signs listed in the Sign Appendix of this Ordinance. b. Identification Wall Sign In no event shall an identification sign placed on a wall comprise more than 10 percent of the area of the elevation upon which the sign is located. Said signs shall be fixture signs. Signs painted directly on the surface of the wall shall not be permitted. 2. Restaurant Pole Sign (including bar and theater /nightclub) One (1) identification pole sign per site will be allowed. If a pole sign is utilized it shall be in lieu of other identification signs allowed by E. I. a. and b. above. Pole signs shall be limited to a maximum height of twenty (20) feet and a maximum area of fifty (50) square feet per face, double- faced. 3. Multi- Tenant Directory Sign One (1) directory sign listing only the name of the firnis or businesses on a site shall be allowed. Said sign shall be limited to a maximum height of twenty (20) feet. Panels identifying each individual store shall be no larger than one (1) foot in height and five (5) feet in length. 4. Real Estate Sign Said sign shall not exceed a maximum area of thirty -two (32) square feet and shall be of a ground type sign. 5. Special Purpose Sign Signs used to give directions to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of six (6) square feet (single face) in area and shall be permitted in addition to the other signs listed in this section. -27- 6. Additional Signs Additional signs as listed in the Sign Appendix of this Ordinance shall be permitted according to the criteria and performance standards contained in said appendix. F. Building Height All building appurtenant structures shall be limited to a maximum height of thirty -t'�vo (32) feet. G. Sign Standards 1. Signs (to include all those visible from the exterior of any building) maybe lighted but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the products produced or sold thereon. 3. A wall sign with the individual letters applied directly shall be measured by a rectangle around the outside of the lettering and /or the pictorial symbol and calculating the area enclosed by such line. All signs attached to the building shall be flush mounted. H. Parking 1. Restaurants, bars and theater /nightclubs Parking shall be in accordance with Title 20 of the Newport Beach Municipal Code. 2. Outdoor, Drive -in and Take -Out Restaurants Parking shall be in accordance with Title 20 of the Newport Beach Municipal Code. 3. Commercial One (1) space for each 250 square feet of gross floor area. One (1) loading space for each 10,000 square feet of gross floor area. I. Landscaping Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be submitted to and approved by the Director of Parks, Beaches, and Recreation prior to the issuance of a building permit and installed prior to the issuance of a Certificate of Occupancy. All landscaping referred to in this section shall be maintained in a neat and orderly fashion. Attachment No. PC 7 Photos /Correspondence Received To: ZONING ADMINISTRATOR Subject: Additional Materials Received Item No. 2a: Additional Materials Received Zoning Administrator Hearing January 24, 2013 Newport North Center Monument Signs Modification (PA2012 -168) From: bob mccaffrey [mailto:bobmac9880vahoo.coml Sent: Tuesday, January 22, 2013 2:50 PM To: Garcia, Jay Subject: PA2012 -168 Mr. Garcia My wife and I reside at 40 Hillsdale Drive Newport Beach. The property involve in this request is very close to our residence which backs up to Bison and overlooks Camelback. We would attend the meeting but we are out of town and unable to be part of this hearing. If this issue is going to be discussed at a later meeting we would like to be advised and participate. We object to the signage request and the lamination of the proposed sign. The lighting is a major concern as it will intrude into the bedrooms at the rear of our house. The concern of the requestor was traffic coming from Jamboree. This is not the primary source of traffic which would need additional signage. This would be primary a form of advertising and would detract from ambience of the neighborhood. The signage would not be in a position to aid traffic flow therefore we strongly oppose this request for a variance. If you have any question regarding our concerns; we can be reached by email. Thank you in advance for your assistance in this matter. Mr. and Mrs. Robert McCaffrey 40 Hillsdale Drive Newport Beach, CA 92660 •l m Arl At: Z 1 4' r i r , k° rk ' E 1, t+ t,i I 3 3 e � . 1 N W O b�D a 3 V 5. L 3 h �i 0 I I d 0 IS a 6 M O N M N O a c U Attachment No. PC 8 Applicant's Letter in Response to the Appeal 1 CAA PLANNING March 7, 2013 Newport Beach Planning Commission Attn: Chairman Michael Toerge 3300 Newport Boulevard Newport Beach, CA 92663 Community Development Department Attn: Jay Garcia, Senior Planner 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Response to Appeal of Zoning Administrator Approval of Modification Permit MD 2012 -016, Resolution No. ZA2013 -005 Dear Chairman Toerge: On January 24, 2013, following a public hearing, the Zoning Administrator (ZA) for the City of Newport Beach approved a Modification Permit now before the Planning Commission on appeal. CAA Planning, Inc. (CAA), on behalf of Irvine Company, submits the following response and respectfully requests that the Planning Commission deny the subject appeal. Background The Modification Permit now under appeal applies to the Commercial Planning Area (Newport North Shopping Center) of the North Ford Planned Community (PC) Sign standards. The subject modification permit approval would allow changes to an existing monument sign located at the intersection of MacArthur Boulevard and Bison Avenue (referenced herein as "existing sign ") and the placement of a new monument sign to be located at the intersection of Bison Avenue and Camelback Street (referenced herein as "new sign "). On February 6, 2013, an appeal was filed by Council Member Daigle on behalf of the general public stating in part that the North Ford PC sign regulations do not specifically allow for the signs approved by the ZA and that the ZA did not use the correct standards to review the proposed signs. The appeal went on to state that the ZA misinterpreted the sign types permitted in the North Ford PC regulations, and failed to analyze the project for compatibility with the surrounding area. While these appeal comments were made generally, the monument sign proposed for at the corner of Bison Avenue and Camelback Street is the principal concern based on the location in relation to the adjacent Belcourt residential development. Response to Appeal Issues Standard of Review 65 Enterprise, Suite 130 • Aliso Viejo, California 92656 • (949) 581 -2888 • Fax (949) 581 -3599 02IM-2t Mr. Michael Toerge /Mr. Jay Garcia March 7, 2013 Page 2 of 4 The appeal states that the ZA did not use the correct standard of review in approving the Modification Permit, stating that the North Ford PC sign regulations do not contain specific standards for ground mounted monument signs. There are several sign types allowed by the PC, including identification ground signs, identification wall signs, restaurant signs, and a 20' tall multi- tenant directory sign. The PC does not include monument signs. The City's sign code (Zoning Code Section 20.42.010 E.) specifies that in Planned Community districts, the sign regulations contained in a PC prevail, except where the PC does not provide regulations for a particular sign type or situation, in which case the Zoning Code prevails. In this instance, the PC does not include regulations for a monument sign, so the sign regulations contained within the Zoning Code are used. The application of the Zoning Code provision for signs in place of the North Ford PC is appropriate since the PC does not include monument signage and because the commercial shopping center is comparable to other such commercial centers located citywide and should be allowed monument signage. The Zoning Code allows monument signs with a maximum average height of 6' and a maximum width 1.5 x the average height. The proposed Bison Avenue and Camelback Street sign is 6'6" in height and 9'4S8" in width. This exceeds the height that is allowed by the zoning code by 6" and, therefore, requires a modification permit. The City's modification permit process allows an increase in the height, area and number of signs (Zoning Code Section 20.52.050). The ZA approved the modification permit to allow for this increase in size from 6' to 6'6 ". The width of the sign at 9'4S8" is consistent with the Zoning Code standard of 1.5 x the average height (1.5' x 6.5' = 9.75'). With the modification permit, the sign is consistent with the City's standards for monument signs. By applying Zoning Code Section 20.4 1.01 O.E, for signs within Planned Communities, the ZA used the correct standard of review in approving Modification Permit 2012 -016 and monument signs are allowed. Compatibility with the Surrounding Area The appeal states that the approved monument signs are not compatible with the neighborhood setting and specifically that the proposed monument sign at the intersection of Bison Avenue and Camelback Street is of particular concern because the illumination is visually intrusive to nearby (Belcourt) residents. In approving the modification permit, the ZA correctly referenced that the shopping center is designated CG (General Commercial) by the Land Use Element of the Newport Beach General Plan and that the CG District is intended to provide a wide variety of commercial activities oriented to primarily serve citywide or regional needs. The ZA found that the changes to the existing monument sign at MacArthur Boulevard and Bison Avenue and the new monument sign at Bison Avenue and Camelback Street are in scale with the property street frontages and consistent and compatible with other commercial properties located citywide. This finding is 0AA, _2�2 Mr. Michael Toerge /Mr. Jay Garcia March 7, 2013 Page 3 of 4 consistent with the substantial vehicular traffic flows adjacent to the shopping center documented by the Orange County Transportation Authority as follows: 7,000 vehicles per day on Bison Avenue and 34,000 vehicles per day on MacArthur Boulevard. The ZA found that the monument sign at Bison Avenue and Camelback Street would provide enhanced visibility for vehicular traffic traveling eastbound on Bison Avenue for project identification and individual tenants that range in distance from the street right -of -way between 35 and 100 feet. The Bison Avenue and Camelback Street traffic signal provides the only entry to the shopping center for vehicles traveling eastbound (towards MacArthur Boulevard). There is no left -in access to the shopping center from Bison Avenue and U -turns are prohibited at the Bison Avenue and MacArthur Boulevard intersection; if a vehicle misses the shopping center at the Camelback Street entry the next opportunity to turn around is at The Bluffs shopping center. Although both monument signs will be illuminated (and the existing sign on MacArthur Boulevard has been illuminated for several years), as stated in the appeal, the monument sign proposed at Bison Avenue and Camelback Street is of particular concern because it will be located across the intersection from the Belcourt residential development. It should be noted that the existing ambient light at this location is typical of other comparable four -way signalized intersections with pedestrian crossings from sidewalks which are illuminated by street lights. At this location, traffic movements are controlled by through signals and left turn arrows for vehicles travelling on Bison Avenue and Camelback Street and entering /exiting the Belcourt residential development. Upon receipt of a written comment of concern from a Belcourt resident in advance of the ZA Hearing, the new monument sign was specifically conditioned by the ZA to address the concern of illumination. The condition required that a timer be installed to ensure that the sign would not be illuminated between the hours of 10:00 pm and 6:00 am. The Belcourt resident indicated the following in an email to the project planner, Mr. Jay Garcia, on January 22, 2013. With respect to lighting, the email states: "The lighting is a major concern as it will intrude into the bedrooms at the rear of our house." In response to this comment and the appeal, a special lighting analysis was completed by Linwood Engineering Associates, P.C. Consulting Engineers (included as an attachment). The analysis objectively compares the proposed monument sign illumination in context with existing light sources at the Bison Avenue and Camelback Street location. The lighting analysis evaluated the type of illumination to be used in the new sign (internally lit with LED) for consistency with the City of Newport Beach Municipal Code, The California Green Code, California Energy Code, and with Standards set by the IES (Illuminating Engineering Society) of North America. Because the sign will be internally lit with LED, the resultant effect is a smooth and even illumination to limit glare into the roadway and adjacent properties. 0A 21-2�2 Mr. Michael Toerge /Mr. Jay Garcia March 7, 2013 Page 4 of 4 The conclusions of the lighting analysis show that the proposed sign installation complies with all local and state codes and standards and that the sign increases light levels perceptibly only in the immediate vicinity of the sign.The increase in light levels at the opposite street comer (across Camelback Street) would be less than 0.002 percent. Light levels at the other street corners across Bison Avenue near the entrance to the Belcourt residential development would be immeasurable. The lighting analysis makes a recommendation relative to how the sign LED lighting should be adjusted to ensure that "light trespass" is kept well below maximum allowed levels. Summary and Conclusion The Zoning Code specifies that when a particular sign type is not called for in a PC's sign regulations, the sign regulations contained in the Zoning Code are to be used. In this case the ZA applied the correct standard of review using the sign regulations provided for within the Zoning Code and in approving the Modification Permit for the two monument signs for the Newport North Shopping Center. As noted, the General Plan land use designation is designated CG (General Commercial) which provides a wide variety of commercial activities oriented to primarily serve citywide or regional needs. The location of the shopping center at the intersection of Bison Avenue and MacArthur Boulevard, principal roadways with substantial traffic volumes, combined with the proximity to a major arterial highway, support the ZA's finding that monument signage is appropriate. The ZA was responsive to the concern expressed by the Belcourt resident by conditioning the time allowed for the illumination of the new monument sign at the Bison Avenue and Camelback Street intersection. A subsequent lighting analysis confirmed that the type of LED lighting proposed for this particular sign will limit glare onto the roadway and adjacent properties. In fact, the added light levels across the intersection towards Belcourt will be so low as to be immeasurable. In conclusion, we respectfully request that the Planning Commission deny the appeal of Modification Permit MD 2012 -016, Resolution No. ZA2013 -005 and uphold the decision of ZA. Sincerely, CAA PLANNING, INC. Shawna L. Schaffner Chief Executive Officer Attachment: Special Lighting Analysis, Linwood Engineering Associates, P.C. LINWOOD ENGINEERING ASSOCIATES, P.C. CONSULTING ENGINEERS 151 Kalmus Dr. Suite B -200 955 Lincoln Avenue Costa Mesa, CA 92626 t:714.424.0001 f:714.424.0004 City of Newport Beach Planning Commission 3300 Newport Blvd Newport Beach, CA 92663 Glen Rock, NJ 07452 t:201.857.3998 f:201.857.3994 Re: Monument Sign at Comer of Bison and Camelback Dear Sir or Madam, We have completed a thorough analysis of this sign addition and we have come to the following conclusions: • The sign installation complies with all applicable codes and standards, including: • Newport Beach Municipal Code • California Green Code • California Energy Code • Standards set by the IES (Illuminating Engineering Society) of North America. As detailed in Exhibits 2 and 4, the sign will increase light levels perceptibly only in the immediate vicinity of the sign. At the opposite street comer (point E) the change in light level is less than 0.002% compared to existing, or 1 in 50,000. At the other street comers it is so low as to be immeasurable. This dramatic fall off is due to the Inverse Square Law, which states that light levels decrease exponentially with distances. • To achieve appropriate light levels, the installing contractor shall adjust the dimming feature of the sign as prescribed in the test procedures of Exhibit 6. This will ensure that Light Trespass is kept well below maximum allowed levelsz. • The sign is internally lit with LED, which provides a smooth and even illumination to limit glare into the roadway and into adjacent properties3,4 Adam C. Forni, PE, IES Senior Associate Linwood Engineering Associates, P.C. B/soty ,4 VE s SITE PLAN SCALE: 1" = 50' C7 m ri T cn1 � ,Jw • R' r r f N IMPACT OF NEW SIGN AT VARIOUS POINTS EXHIBIT 2 C7 C m r n E❑ NW CORNER BI SoN A NEW SIGN J VE POINTS ❑A THRU 0 r SEE LATER EXHIBITS ❑ I 50' PAST LIGHT POLE 7(E) LIGHT POLE F❑ SW CORNER SITE PLAN r SCALE: 1" = 50' ' POINT DISTANCE FROM EXISTING ADDED %ADDED FUTURE SIGN FC LEVELS FC LEVELS FC LEVELS HORIZ/VERT HORIZ/VERT HORIZ/VERT FA] -FD] 5' TO 20' SEE LATER EXHIBITS E❑ 115' 0.17/0.93 0.000 / 0.002 0.00% / 0.00% F❑ 175' 0.23/0.85 0.000 / 0.000 0.00% / 0.00% © 420' 0.11 / 0.15 0.000 / 0.000 0.00% / 0.00% 'x.13 12. x.19 \\ x.35 `2.\59\ 2.21 EXISTING LIGHT POLE V75 33 '2.0 EXHIBIT 3 �1 \85 x '.06 \\'1,54 '1.87 \�\ 1.32 `x.20 \ "1.56 \\ FUTURE SIGN X1.78\ 1.40\� "1.99 x1.54 A " 126. \ X1.76 E436 1.2�11\ 1.60 \\x1.\08 32 "1.1,0 1104` u 11.08 'Y0.98 \ EXISTING LIGHT LEVELS POINT DISTANCE FROM FUTURE SIGN EXISTING FC LEVEL HORIZ. A ❑ 5' 1.26 © 10' 1.36 © 15' 1.32 ❑ 20' 1.43 POINTS MEASURED r 01 MAR 2013 8PM N EXISTING HORIZONTAL ILLUMINANCE SCALE: 1/8" = 1' o. 0.00 0.0 X 0.00 001 0.01 0.0 0.02 �x \0.00 0Y0.030.15 01 ` 000 0.55`\ x 0.� x \ `:L x \ 0.03 -_12 0.20 0.0'5 0.09 0 \ x 0.06 IMPACT OF NEW SIGN EXHIBIT 4 NEW SIGN 0.00 0.1 FC 0.00 BORDER x �� x 0.05 0.00 x 0.01 0.02 \ POINT DISTANCE FROM EXISTING ADDED %ADDED FUTURE SIGN FC LEVEL FC LEVEL FC LEVEL HORIZ. HORIZ. HORIZ. [A 5' 1.26 0.55 0.55/1.26 = 43% © 10' 1.36 0.25 0.2511.36 = 18% 1-cl 15' 1.32 0.12 0.12/1.32 = 9% 0 20' 1.43 0.05 0.05/1.43 = 3% ADDED HORIZONTAL ILLUMINANCE SCALE: 1/8" = 1' EXHIBIT 5 b Om am am am am 00, 'a m ul o.0] 'o a 05 O.A 003 0D �0 0c9 Y c m 3D PHOTOMETRIC MODEL SCALE: NONE PRODUCED WITH VISUAL -PRO SOFTWARE WITH 144 LED MODULES, MODEL: SIGN -BOX 701 - 946- CWSBL. Exhibit 6. Field Calibration. Contractor shall perform the following steps after the sign has been installed: 1. After complete darkness, measure the horizontal illuminance level at a point on the ground, 5' in front of the front edge of the sign. The sign should be turned off. The light meter should be facing straight up. Mark down the footcandle level to the nearest hundredth (expected level 1.26 fc). 2. Turn on the sign. Adjust the dimmer light level control so that the new illuminance level does not increase more than 0.55 footcandles above the baseline. (e.g. 1.26 + 0.55 = 1.81) 3. Lock the dimmer setting in place. Exhibit 7. References. 1. The Inverse Square Law of Light. Georgia State University. http://hyperphysics.phy- astr.2su.edu / ° /`E2 %80 %BChbase /vision/isql.html 2. [ IESNA] Illuminating Engineering Society of North America. 2000c. Light trespass: Research, results and recommendations. New York: Illuminating Engineering Society of North America. IESNA TM -11 -2000. 9 p. 3. Newport Beach Municipal Code, Illuminated Sign Standards section 20.42.060H. 4. Philip M. Garvey. On- Premise Commercial Sign Lighting and Light Pollution. Leukos Vol 1 No 3 January 2005 Page 7 — 18 Attachment No. PC 9 Draft Resolution of Denial with Findings RESOLUTION NO. 2013- DRAFT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH REVISING THE DECISION OF THE ZONING ADMINISTRATOR AND DENYING MODIFICATION PERMIT NO. MD2012 -016 FOR THE NEWPORT NORTH SHOPPING CENTER LOCATED AT 1200 BISON AVENUE (PA2012 -168) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John Murphy on behalf of the Irvine Company, property owner, with respect to property located at 1200 Bison Avenue legally described as Lot 6, Tract 12309, requesting approval of a Modification Permit. 2. The subject property is located within the PC -5 Zoning District (North Ford Planned Community, General Commercial Area 3) and the General Plan Land Use Element category is CG (General Commercial). 3. The applicant requests a Modification Permit to allow reconstruction of the existing and construction of a new second freestanding multi- tenant monument sign to identify on -site retail tenants and the project, where the North Ford Planned Community District Regulations restrict the property to a freestanding signs for project identification only. Additionally, the freestanding signs will exceed the maximum height of four (4) feet specified by the Planned Community District Regulations for monument signs, and more than the 20 percent increase that can be authorized by a comprehensive sign program. 4. A public hearing was held on January 24, 2013, by the Zoning Administrator in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. The Zoning Administrator was conditionally approved the application, with the findings and conditions as stated in Resolution No. ZA2013 -005. 5. On February 6, 2013, an application was received, appealing the decision of the Zoning Administrator that approved Modification Permit No. 2012 -016. The appellant raised issues related to sign type, sign illumination, and compatibility with the surrounding area. 6. A public hearing was held on April 3, 2013, by the Planning Commission in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A Planning Commission Resolution No. 2013 - Page 2 of 3 notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. The application was conditionally approved. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project has been reviewed, and qualifies for a Class 11 (Accessory Structures) categorical exemption pursuant to Title 14 of the California Code of Regulations (Section 15311, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act). 2. Class 11 exempts construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on- premise signs. SECTION 3. FINDINGS. The North Ford Planned Community District Regulations establish sign standards that are intended to provide compatible commercial activity. 2. The modification would be incompatible with existing development in the neighborhood by allowing a new, internally - illuminated multi- tenant monument sign that is not provided for by the North Ford Planned Community Regulations. 3. The illumination of the proposed multi- tenant monument sign would be result in negative visual impacts to the adjacent residential areas. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby reverses the decision of the Zoning Administrator and denies Modification Permit No. MD2012- 016. 03 -15 -2013 Planning Commission Resolution No. 2013 - Page 3 of 3 PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF APRIL, 2013. AYES: NOES: ABSTAIN: ABSENT: BY: AN Michael Toerge, Chairman 03 -15 -2013