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HomeMy WebLinkAboutZA2013-026 - Approved 143, 151, and 951 Newport Center Drive Monument Signs ModRESOLUTION NO. ZA2013 -026 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION NO. MD2013 -003 FOR THREE NEW MONUMENT SIGNS, ONE SIGN TO BE LOCATED ON EACH OF THE FOLLOWING PROPERTIES: 143, 151, AND 951 NEWPORT CENTER DRIVE IN FASHION ISLAND (PA2013 -040) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the Irvine Company, with respect to 143 (Pad "C — Red O Restaurant) , 151 (Pad "B" — Fig and Olive Restaurant), and 951 (Pad "D" — No Tenant) Newport Center Drive located within the Fashion Island area near Newport Center Drive. Specifically, the application requests approval of one new freestanding monument sign for each of the properties. The properties are legally described as follows: 143 and 151 Newport Center Drive - Parcel 2 and 3 of Lot Line Adjustment No. LA2012 -005, Lots R, R -1, and R -3 of Tract No. 6015 in the City of Newport Beach, County of Orange, State of California, per map filed in Book 239, Pages 28 through 41, inclusive, of miscellaneous maps, in the office of the County Recorder of said county, together with that portion of Parcel 2 of Lot Line Adjustment No. LA2012 -004, Recorded September 11, 2012 as Instrument No. 2012000528643 of official records, in said office of the county recorder; 951 Newport Center Drive — Lot S of Tract No. 6015 in the City of Newport Beach, Orange County, California being a subdivision of portions of blocks 55 and 93 of Irvine's subdivision per map thereof recorded in book 1, page 88 of miscellaneous record maps, records of Orange County, California. The proposed freestanding monument signs would be located on each property near Newport Center Drive. 2. The applicant proposes a Modification Permit to allow three new, freestanding commercial monument signs to exceed the maximum height allowed by the sign standards for the Fashion Island sub -area of the North Newport Center Planned Community (PC 56) Zoning District. The proposed signs are 6 feet high (5 feet is permitted), have a sign area of 36.90 square feet (50 square feet is permitted), and a maximum letter /logo height of 4.5 feet (4.5 feet is permitted). One freestanding monument sign will be located at the closest point of access from Newport Center Drive for each of the following properties: 143 (Red O Restaurant - Pad "C "), 151 (Fig and Olive Restaurant — Pad "B "), and 951 (no tenant — Pad "D ") Newport Center Drive. 3. The subject property is located within the Fashion Island sub -area (Fashion Island) of the North Newport Center Planned Community (PC -56) Zoning District and the General Plan Land Use Element category is Regional Commercial (CR). 4. The subject property is not located within the Coastal Zone. Zoning Administrator Resolution No. ZA2013 -026 Paae 2 of 6 5. A public hearing was held on May 16, 2013 in the Corona del Mar Conference Room (Bay E -1 st Floor) at 100 Civic Center Drive, Newport Beach. 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). 2. Class 11 includes construction or replacement of minor structures such as on -site signs accessory to existing commercial facilities. The proposed freestanding commercial monument signs are incidental and accessory to the principal commercial use of each property and does not intensify or alter their use. SECTION 3. REQUIRED FINDINGS. The North Newport Center Planned Community (PC 56) Zoning District permits one freestanding monument sign for each building, with a maximum sign height of 5 feet. Approval of a modification permit is required to allow the proposed sign to exceed the permitted sign height by 1 foot. In accordance with Section 20.52.050 of the Newport Beach Municipal Code, the following findings and facts in support of such 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 within the Fashion Island sub -area (Fashion Island) of the North Newport Center Planned Community (PC 56) Zoning District and is designated CR (Commercial Regional) by the Land Use Element of the General Plan. Fashion Island is the primary retail hub within the planned community and is developed with retail, dining, and commercial entertainment uses. It is intended to be a vibrant regional retail and entertainment center and a destination site with a variety of uses that serve visitors, residents, and employees in the area. New development on the properties and the proposed supporting signage will be consistent with existing development within Fashion Island. 2. With the exception of the requested 1 -foot increase in sign height, the proposed signs are consistent with the sign standards (total sign area and letter /logo height) allowed for freestanding commercial monument signs within the Fashion Island sub -area of the North Newport Center Planned Community. 03 -21 -2013 Zoning Administrator Resolution No. ZA2013 -026 Paae 3 of 6 3. The proposed signs will be constructed of similar materials and lettering as the existing freestanding monument signs located at the entry drives from Newport Center Drive into Fashion Island. 4. The proposed increased sign height will be compatible with the height of new development on the subject properties. Finding: B. The granting of the modification is necessary due to the physical characteristic(s) of the property and /or structure, and /or characteristics of the use. Facts in Support of Finding: 1. Newport Center Drive is a ring road that loops around the entire perimeter of Fashion Island. It is connected to the surrounding areas and the City via seven different streets. Developments within Fashion Island are accessed via multiple entry drives from Newport Center Drive. The numerous streets connecting into Newport Center Drive and the multiple entry drives into Fashion Island can be challenging to motorists when trying to identify access to their specific destination. 2. The new developments to be identified by the proposed freestanding commercial monument signs are located in the southern portion of Fashion Island adjacent to Newport Center Drive. One sign will be located near each of the associated entry drives from Newport Center Drive. 3. Due to the difficulty associated with the size and configuration of Fashion Island and surrounding roadways, the proposed height of the signs will provide greater visibility and assistance in determining the location of the new tenants and way - finding for motorists not seeking access to the commercial core of Fashion Island, which is provided via alternate driveway access points. 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. Newport Center Drive is a perimeter road that loops around Fashion Island with seven different streets leading into it. Fashion Island is accessed via multiple entry drives from Newport Center Drive. The numerous access roads and entry drives can be challenging to motorists in identifying their specific destination within Fashion Island. 03 -21 -2013 Zoning Administrator Resolution No. ZA2013 -026 Paae 4 of 6 2. The subject properties are physically distinct destinations located adjacent to Newport Center Drive and are separated from the Fashion Island commercial core by internal roadways, parking areas and landscaping. Access to the three properties is via separate entry drives from Newport Center Drive. 3. The increased height of the proposed signs is necessary to provide greater visibility of the signs from Newport Center Drive, thereby assisting motorists in identifying the location of the entry drive to each of the new developments. 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: The North Newport Center Planned Community sign standards allow one freestanding commercial monument sign a maximum 5 feet high for each building within Fashion Island. Additionally, freestanding monument signs (two per entry drive — one on each side) that identify the Fashion Island shopping center are allowed to 10 feet high. The increased height of the proposed signs is compatible with the height and design of the existing monument signs at the entry drives to Fashion Island from Newport Center Drive. 2. Each of the subject properties is a physically distinct site accessed via entry drives that are separate from the main entry drives leading to the commercial core of Fashion Island. The proposed height of the new freestanding commercial monument signs will provide greater visibility of the signs. This will assist way - finding for motorists along Newport Center Drive that are seeking entry to the new developments and will help reduce congestion on the main entry drives leading to the Fashion Island commercial core. 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: The proposed freestanding commercial monument signs are for identifying commercial uses in a commercial district and are not adjacent to residential districts. 2. The proposed freestanding monument signs are located adjacent to the associated entry drive of each of the future tenants. The increased height of the proposed 03 -21 -2013 Zoning Administrator Resolution No. ZA2013 -026 Paae 5 of 6 signs will not interfere with sight distance for vehicles entering or exiting the properties. 3. The height of the proposed freestanding commercial monument signs are compatible with other freestanding monument signs located at the entry drives to Fashion Island along Newport Center Drive, which are allowed to be to 10 feet high. 4. The increased height of the proposed signs will assist way- finding for drivers along Newport Center Drive that are seeking entry to the new developments and will help reduce congestion on the main entry drives leading to the Fashion Island commercial core. 5. The proposed freestanding commercial monument signs are accessory to the commercial use on each of the properties and will not change the density or intensity of the existing commercial shopping center located within Fashion Island. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification No. MD2013 -003, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 16th DAY OF MAY, 2013. , Zoning Administrator 03 -21 -2013 Zoning Administrator Resolution No. ZA2013 -026 Paae 6 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved plans, stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval). 2. Modification No. MD2013 -003 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The signs shall comply with the illumination requirements of Section 20.42.060.H (Illuminated Sign and Lights) and maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the Newport Beach Municipal Code. 5. The applicant is required to obtain all applicable permits from the City's Building Division. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 6. A copy of the Resolution, including conditions of approval Exhibit "A ", shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits to identify this approval as the authority for the location and size of the new signs. 7. 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. 8. 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 New Freestanding Commercial Monument Signs including, but not limited to Modification No. MD2013 -003 (PA2013 -040). 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. 03 -21 -2013