HomeMy WebLinkAbout02 - Macys Sign Modification_PA2013-207COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915
(949) 644 -3200 Fax: (949) 644 -3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 12, 2013
Agenda Item No. 2:
SUBJECT: Macy's Sign Modification - (PA2013 -207)
101 Newport Center Drive
Modification Permit No. MD2013 -020
APPLICANT: Irvine Company
PLANNER: Makana Nova, Assistant Planner
(949) 644 -3249, mnova @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: PC -56 (North Newport Center)
• General Plan: CR (Regional Commercial)
PROJECT SUMMARY
A modification permit to add two major tenant signs to existing wall signage for a total of
four wall signs for Macy's within Fashion Island, where the North Newport Center Planned
Community Development Plan allows one sign per building elevation in areas that are
visible from the public right -of -way. Two wall signs will be located on the south building
elevation and two will be located on the east building elevation. Each wall sign will comply
with the maximum 10 -foot height limitation established by the North Newport Center
Planned Community for major tenant signs.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit
No. MD2013 -020 (Attachment No. ZA 1).
DISCUSSION
• The site is occupied by Macy's and is characterized by a total of four existing wall
signs on the south and east elevations facing Newport Center Drive. Each building
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Macy's Sign Modification
Zoning Administrator December 12, 2013
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frontage has one larger wall sign (10 feet in height) at the corner of the building and
one smaller wall sign (1 -foot 6 inches) located above the entrance to the building. A
modification permit is requested to increase the wall sign height of the two wall signs
above the entry along each building elevation.
• Only wall signs that are visible from the public right -of -way are regulated in the
Fashion Island Sub -Area of the North Newport Center Planned Community. The
existing wall signs above each entry are comprised of a maximum letter /logo height
of 1 -foot 6 inches and would be increased to 4 feet 3 inches in height. The two new
wall signs would be proportional to the building entry and would have an overall sign
height of 6 feet 10 inches. The existing 1 -foot 6 -inch wall signs above the entry are
currently not regulated under the North Newport Center Planned Community
because they are not visible from the adjacent right -of -way.
• The proposed signage will allow pedestrians and drivers coming from the direction of
the primary arterial, Newport Center Drive, and surrounding parking areas within
Fashion Island to easily identify and locate the major tenant of the site.
• The size of the signage is consistent with other signage in the vicinity and the 10-
foot maximum letter /logo height allowed for major tenant signs under the North
Newport Planned Community.
• The increased size of the signs will not detract from the building's exterior. The new
wall signs will be located in a recessed area above each entry to the store. The
background of each sign will be opaque and will be painted to match the exterior of
the building.
• Approval of the application to increase the size of wall signs does not change the
density or intensity of use.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15311, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 11 (Accessory Structures).
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights -of-
way and waterways) including the applicant and posted on the subject property at least
10 days before the scheduled hearing, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
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Macy's Sign Modification
Zoning Administrator December 12, 2013
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APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644 -3200.
Prepared by:
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Assistant Planner
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Attachments
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ZA 1
Draft Resolution
ZA 2
Vicinity Map
ZA 3
Site Photos
ZA 4
Project Plans
21
Attachment No. ZA 1
Draft Resolution
5
0
RESOLUTION NO. ZA2013 -0 ##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2013 -020 FOR TWO ADDITIONAL WALL SIGNS
LOCATED AT 101 NEWPORT CENTER DRIVE (PA2013 -207)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Shawna Schaffner of CAA Planning, Inc., representing the
property owner, The Irvine Company, with respect to property located at 101 Newport
Center Drive, and legally described as Lot Q, Tract 6015 in the City of Newport Beach,
County of Orange, 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, requesting approval of a
modification permit.
2. The applicant proposes a modification permit to add two major tenant signs to existing
wall signage for a total of four wall signs for Macy's within Fashion Island, where the
North Newport Center Planned Community Development Plan allows one sign per
building elevation in areas that are visible from the public right -of -way. Two wall signs will
be located on the south building elevation and two will be located on the east building
elevation. Each wall sign will comply with the maximum 10 -foot height limitation
established by the North Newport Center Planned Community for major tenant signs.
3. The subject property is located within the Fashion Island Sub -Area of the PC -56 (North
Newport Center) Zoning District and the General Plan Land Use Element category is CR
(Regional Commercial).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on December 12, 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 -0 ##
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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 Fashion Island Sub -Area of the PC -56 (North
Newport Center Planned Community) Zoning District and is developed with a 3 -story
department store, Macy's, that encompasses 1.76 acres of land and has two building
frontages facing Newport Center Drive.
2. The requested modification will allow the applicant to replace permanent wall signs at
two sign locations. Only signs visible from the right -of -way are regulated in Fashion
Island. Two wall signs are located above the entry to Macy's along the south and east
building frontages. The existing 1 -foot 6 -inch wall signs above the entry are currently
not regulated under the North Newport Center Planned Community because they are
not visible from the adjacent right -of -way. The increased size and height of the
signage at these locations will provide for added visibility in compliance with the
letter /logo height limitations identified in the North Newport Center Planned
Community.
3. The location of the existing wall signage at the store entry locations is consistent with
signage in this Zoning District and in the general vicinity. Fashion Island is the only
regional shopping center in Newport Beach and the proposed signage will be
appropriate in scale to the larger building facades within this center.
4. The two additional major tenant signs are intended to call attention to the building
entrances for pedestrians.
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.
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Zoning Administrator Resolution No. ZA2013 -0 ##
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Facts in Support of Finding:
1. The building entrances are recessed and located behind pillars. The existing signage
is smaller and not as readily visible to pedestrians. The larger scale signage will assist
in way- finding and call attention to the entrances.
2. The parking lot that is adjacent to the building frontages is expansive, and the wall
signs help to identify the store entrance to guests who have parked in this lot or are
approaching along Newport Center Drive.
3. Due to the location of and the height of the existing wall signs, an increase in letter
height and sign area is appropriate to provide adequate site identification and 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 Finding:
1. A strict application of the sign standards established by the North Newport Center
Planned Community would limit each building frontage to one wall sign. This would
result in a less than optimal identification as a result of the physical scale of the
existing buildings.
2. The general purpose and intent of the North Newport Center Planned Community 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.
3. The sign copy location for the proposed wall signs have been designed to accent the
wall. The entries are recessed and signs must be sized to provide adequate visibility
from parking areas and walkways. Enlarging the letter size above the entries is
consistent with the intent and purpose of the regional shopping center in providing
accessibility and visibility to surrounding owners, occupants, and the general public.
4. Signage on -site is limited to the approved signs. 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.
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Zoning Administrator Resolution No. ZA2013 -0 ##
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Facts in Support of Finding:
1. The alternative would be to maintain the existing sign configuration. The proposed
signs will provide positive benefit to pedestrians to more easily identify the building
entrances.
2. 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. The size of the building warrant the increased size of the existing signs and
will not detract from the building's exterior.
3. 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.
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. The signs will provide for adequate way- finding for
customers and visitors to Fashion Island. Due to the size of the development and the
street presence of the existing building, the presence of four wall signs, two per
frontage, with new signage up to 6 feet 10 inches in height will not adversely affect or
be detrimental to persons, property, or improvements in the neighborhood.
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 at similar 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 -020, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
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Zoning Administrator Resolution No. ZA2013 -0 ##
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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.
PASSED, APPROVED AND ADOPTED THIS 121h DAY OF DECEMBER, 2013.
Brenda Wisneski, AICP, Zoning Administrator
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Zoning Administrator Resolution No. ZA2013 -0 ##
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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 -020 (PA2013 -207) 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.
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 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.
5. The overall letter /logo height of the new wall signs shall be limited to 6 feet 10 inches in
height and the background shall be painted in a color to match the exterior building color.
6. 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.
7. 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.
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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Zoning Administrator Resolution No. ZA2013 -0 ##
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10. 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.
11. 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.
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 Macy's Sign Modification including, but not limited
to, the Modification Permit No. MD2013 -020 (PA2013 -207). 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
13. 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
applicable State Disabilities Access requirements.
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14
Attachment No. ZA 2
Vicinity Map
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Attachment No. ZA 3
Site Photos
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Attachment No. ZA 4
Project Plans
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To: ZONING ADMINISTRATOR
Subject: ADDITIONAL MATERIALS RECEIVED
ITEM NO. 2A: MACY'S SIGN MODIFICATION (PA2013 -207)
ZONING ADMINISTRATOR HEARING DECEMBER 12, 2013
From: Tom Mathews rmailto :tmathews(a?caablannino.com]
Sent: Thursday, December 12, 2013 11:58 AM
To: Nova, Makana
Cc: Wisneski, Brenda; Paul Shaver; Shawna Schaffner
Subject: Macy's Sign Modification Permit (PA2013 -207) Justification for East Facing Sign East Elevation
Ms. Nova,
We understand that an issue has been raised regarding the proposed additional wall sign on the
east facing side of the Macy's building based on the fact that there is already an existing wall
sign and that adding another sign is unnecessary since both signs would be visible from
Newport Center Drive. We agree that both signs are visible from different vantage points in the
parking field. However, the size and location of the two signs serve different vantage points,
one dominant from Newport Center Drive and the other, from the east parking field. We do not
believe that both signs are visible from Newport Center Drive as the attached photos document.
The east facing Macy's sign proposed to be located over the entrance should be approved for
the following reasons:
• Sign dimensions: Proposed entrance sign is proportional to larger wall sign already in
place i.e., 10' for existing wall sign vs. 6' for the proposed sign over the entrance. Also,
the background color of the proposed sign will match the color of the building,
emphasizing the letter height which is only 4' 3 ".
• Sign location: Existing 10' wall sign is on a different building plane, that is, the sign
proposed for the area over the entrance is set back approximately 25' from the building
plane where the larger sign is located. In addition to being setback 25', the proposed sign
will be located behind existing pillars, which will interrupt the view of the sign from off -
site locations. The proposed placement behind the pillars is therefore appropriate to
denote the building entrance because the sign will be interrupted and is not oriented
towards the public right -of -way.
• Visibility from Newport Center Drive: The larger existing wall sign (10') is intended to
be easily visible from Newport Center Drive. The proposed smaller sign (6') is intended
for pedestrians approaching the Macy's building from the parking lot. Moreover, due to
the descending nature of the Newport Center Drive roadbed and the existing parking lot
landscaping (trees) the smaller sign proposed at the entrance is often obscured from view
to traveling motorists. In addition, depending on the vantage point, the landscaping
frequently obscures either the existing 10' wall sign or the proposed 6' sign so that both
signs are not readily visible from the same location. The attached photographs taken from
the sidewalk along Newport Center Drive depict the existing landscaping the often
obscured visibility of the existing and proposed sign locations.
I will be in attendance at the Zoning Administrators hearing this afternoon to answer any
questions. Thank you.
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