HomeMy WebLinkAboutZA2013-051 - Approved MD2013-011 - 4675 MacArthur CourtRESOLUTION NO. ZA2013 -051
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2013 -011 FOR TWO WALL SIGNS LOCATED
AT 4675 MACARTHUR COURT (PA2013 -150)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Architectural Design & Signs with respect to property located
at 4675 MacArthur Court, and legally described as Tract 3363 Lot 122 All — Excluding
Northerly 4 ft of lot, and Easterly 78.23 feet requesting approval of a Modification Permit.
2. The applicant proposes to exceed the allowed square footage for wall signs within the
Koll Center Planned Community (PC -15). The two proposed wall signs will serve as
building identification at the top of a 214 -foot 6 -inch tall, 16 -story office building. The
signs will be approximately 314 square feet including a text and a logo. The Planned
Community limits these types of wall signs to a maximum area of 200 square feet.
3. The subject property is located within the Koll Center Planned Community (PC -15)
Zoning District and the General Plan Land Use Element category is General Commercial
Office (CO -G).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on August 29, 2013, in the Corona del Mar Conference Room
(Bay E -1st 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.
The installation of two building signs on an existing office building is exempt from environmental
review pursuant to Section 15303 (Class 3 New Construction or Conversion of Small
Structures) and Section 15311 (class 11 Accessory Structures) of the Implementing Guidelines
of the California Environmental Quality Act (CEQA), which exempts the construction of limited
numbers of new, small facilities or structures and accessory structures including signs on
existing buildings.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Findinq:
A. The requested modification will be compatible with existing development in the
neighborhood
Facts in Support of Findinq:
1. Large and tall buildings are common within the Kell Center area and these taller
buildings typically have larger wall signs for major tenants to provide building
identification at the top of buildings.
2. The proposed signs are at the top of a 16 -story building and the adjacent multi -story
building at 4680 MacArthur Court has a similar sized sign at 386 square feet.
3. The building fagade on which the signage is proposed to be located is 214 -feet, 6-
inches tall and consists of 144 linear feet of frontage, or a total of 30,888 square feet in
area on the subject fagade. The logo sign and letter text sign will consist of
approximately 313 square feet in area, which is proportionally small in comparison to
the overall building fagade (approximately 1 percent.)
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. Due to the location of and the height of the building, an increase in letter height and
sign area to provide building identification is necessary to provide visibility.
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 Findinq:
1. The 214 -foot, 6 -inch high -rise building is located in a block among several existing
high -rise and multi -story buildings making visibility of the site location and identification
more difficult for the general public.
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2. The increased size of the wall signs is appropriate to the scale and height of the
buildings in the area and necessary to provide adequate visibility within the office and
commercial area.
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 existing building surrounded by other multi -story and high -rise buildings does not
have wall areas adequately visible to the public other than up at the top of the building
with a larger wall sign; therefore, there are no alternative locations for the wall signs.
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
1. Approval of the application to increase the size of wall signs does not change the
density or intensity of use.
2. The building does not have any other tenant identification signs on the exterior of the
building so the increased size of the signs will not detract from the building's exterior.
3. The increased size of the wall signs will provide better visual direction for the public
from the surrounding public roadways and from a greater distance without detracting
from the building's overall aesthetic.
4. The location of the wall signs on the two building fagades of the existing building does
not affect views or impact the surrounding area since they are located on the existing
building.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2013 -011, 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 14 days after the adoption of this
Resolution unless within such time an appeal is filed with the Community Development
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Director in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
3. This resolution supersedes Modification Permit No. MD3637, which upon vesting of
the rights authorized by Modification Permit No. MD2013 -011, shall become null and
void.
PASSED, APPROVED AND ADOPTED THIS 291h DAY OF AUGUST, 2013.
Patrick Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Modification No. MD2013 -011 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code,
unless an extension is otherwise granted.
3. The maximum height of the logo portion of each sign shall not exceed 10 feet and the
maximum height of the letters shall not exceed 5 -feet, 8- inches.
4. The maximum square footage of each sign including the logo shall not exceed 314
square feet.
5. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
6. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
modification.
7. This Modification Permit may be modified or revoked by the Zoning Administrator if it is
determined that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property
or improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
8. 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.
9. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Modification
Permit 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 Modification Permit and shall highlight the
approved elements such that they are readily discernible from other elements of the
plans.
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10. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
11. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
12. 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 4675 MacArthur Court Sign Modification including,
but not limited to, Modification Permit No. MD2013 -011 (PA2013 -150). 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.
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