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HomeMy WebLinkAboutZA2013-070 - Approve MD2013-013RESOLUTION NO. ZA2013 -070 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2013 -013 FOR AN AMENDMENT TO SIGNS LOCATED AT 1107 JAMBOREE ROAD (PA2013 -160) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Kevin Higa, representing ground lessee, Sunstone Hotel Investors, Inc., with respect to property located at 1107 Jamboree Road, and legally described as Parcel 1 & 2 of a Parcel Map as recorded in Book 17, Page 3 of Parcel Maps, Orange County, California, describing a portion of Block 55, Irvine's Subdivision, recorded in Book 1, Page 88 of Miscellaneous Record Maps, of Orange County California, requesting approval of a modification permit. 2. The applicant proposes an amendment to Modification Permit No. MD2005 -047 (PA2005 -122) and Modification Permit No. MD3156 to allow an increase in sign height and sign area for three existing freestanding monument signs within the hotel complex. A fourth existing 20- square -foot identification sign at the entrance to the property on Jamboree Road will remain. The two entry signs along Jamboree Road will provide an increased sign area (maximum 25 sq. ft.) and all three monument signs will be reconstructed with a maximum 36 -inch letter /logo text to accommodate new corporate branding requirements for the Hyatt Regency Newport Beach. The proposed sign height and sign areas will be consistent with the maximum letter /logo height and area prescribed by the Zoning Code. 3. The subject property is located within the Commercial Visitor - Serving (CV) Zoning District and the General Plan Land Use Element category is Commercial Visitor - Serving (CV). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Visitor Serving Commercial (CV -B). 5. A public hearing was held on October 24, 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. 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 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act). Zoning Administrator Resolution No. ZA2013 -070 Paqe 2 of 8 2. The proposed signs are incidental and accessory to the principal commercial use of the property and do not intensify or alter the use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050.E (Required Findings, Modification Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings 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 Commercial Visitor - Serving (CV) Zoning District and is developed with a large resort hotel, Hyatt Regency, that encompasses over 20 acres of land and has more than 950 feet of frontage on both Jamboree Road and Back Bay Drive. 2. The requested modification will allow the applicant to replace permanent monument signs at three sign locations. Two monument signs are located at the entry to the project site from Jamboree Road and the third sign is located on a wall adjacent to the self - parking area. The increased size and height of the signage at these existing locations will provide for added visibility in compliance with the letter /logo height limitations identified in the Zoning Code. 3. The location of the signage at the existing monument sign locations is consistent with signage in this Zoning District and in the general vicinity. 4. The text describing on -site amenities next to the left monument sign at the entrance along Jamboree Road will remain as previously approved. 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 size of the development and the amount of street frontage of the subject property, the presence of three monument signs with new sign text up to 36 inches in height will not adversely affect or be detrimental to persons, property, or improvements in the neighborhood. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -070 Paqe 3 of 8 2. The "self- park" parking lot that is adjacent to Back Bay Drive is expansive, and the existing monument sign helps to identify the hotel entrance to guests who have parked in this lot. 3. Due to the location of and the height of the existing monument walls, an increase in letter height and sign area is appropriate to provide adequate site identification and visibility. 4. The text describing on -site amenities next to the left monument sign at the entrance along Jamboree Road will remain as previously approved. 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 general purpose and intent of the Zoning Code as it pertains to signs is to provide each sign user with an opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs. 2. The sign copy for the monument sign within the "self- park" parking lot is located on an existing landscape wall and has been designed to accent the wall. 3. A strict application of the sign standards established by Modification Permit No. MD2005 -047 (PA2005 -122) would result in a less than optimal identification as a result of unique physical and practical difficulties created by monument sign orientation and landscape elements. 4. The increased size of the wall signs is appropriate to the scale and height of the buildings in the area and is necessary to provide adequate visibility for visitors to the property. 5. The increased wall sign height is necessary to comply with corporate standards for signage. 6. Signage on -site is limited to the approved signs. Existing vehicle- oriented directional signs are exempted from the permit requirements under the Zoning Code. The approved signs will therefore prevent a proliferation of signage on -site. 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. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -070 Paqe 4 of 8 Facts in Support of Finding: 1. Section 20.52.050 (Modification Permits) of the Zoning Code specifies that a modification permit may be granted to increase the allowed height, number, and area of signs. 2. All signs will be channel letters attached to existing walls and will be "halo" or back -lit, thereby eliminating any direct - illumination from the sign. 3. 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. 4. 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 development's overall aesthetic. 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. There are no residential properties adjoining the subject property. 3. The granting of the modification to provide relief is consistent with past approvals for size and placement of signs in existing locations that have demonstrated no detriment to the public health, safety, or welfare of occupants of the property, nearby properties, the neighborhood, or the City. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2013 -013 (PA2013 -160), 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 Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -070 Paqe 5 of 8 3. This resolution supersedes Modification Permit No. MD2005 -047 (PA2005 -122) and Modification Permit No. MD3156, which upon vesting of the rights authorized by this Modification Permit, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 241h DAY OF OCTOBER, 2013. Patrick J. Alford, Zoning Administrator 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -070 Paqe 6 of 8 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. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 3. Modification No. MD2013 -013 (PA2013 -160) shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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 Use Permit. 6. The existing monument sign located in the "self- park" parking lot shall be designed as depicted on the approved plans, and in no case shall the sign exceed 25 square feet in area or 3 feet in height. 7. The two existing monument signs at the main entry at Jamboree Road shall remain in their current location. The new sign copy for each existing monument sign shall not exceed 25 square feet in area and 3 feet in height. 8. The text on the low -bell tower at the left of the main entry adjacent to Jamboree Road shall be limited to describing the on -site amenities provided by the hotel. The text shall not exceed 20 square feet in area and 6 feet in height. 9. All signs shall be constructed of reverse channel letters and may be "halo" or back -lit. 10. This Modification Permit may be modified or revoked by the Zoning Administrator if 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. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -070 Paqe 7 of 8 11. Any expansion in area, or other modification to the approved plans, shall require an amendment to this Modification Permit or the processing of a new modification permit. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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 Hyatt Regency Sign Modification including, but not limited to, the Modification Permit No. MD2013 -013 (PA2013 -160). 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. Building Division Conditions 17. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -070 Pace 8 of 8 applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Public Works Conditions 18. County Sanitation District fees shall be paid prior to the issuance of any building permits. 08 -09 -2013