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HomeMy WebLinkAboutZA2013-086 - APPROVE MD2013-020 101 NEWPORT CENTER DRIVERESOLUTION NO. ZA2013 -086 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. The wall sign on the south elevation will provide an overall sign height of 6 feet 9 3/4 inches (172 square feet in area) and the wall sign on the east elevation will provide an overall sign height of 6 feet 3/4 inches (126 square feet in area). 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. The item was continued to the December 23, 2013, Zoning Administrator hearing. 6. A public hearing was held on December 23, 2013, in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. Zoning Administrator Resolution No. ZA2013 -086 Paqe 2 of 7 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. 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: A -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. A -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. A -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. A -4. The two additional major tenant signs are intended to call attention to the building entrances for pedestrians. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -086 Paqe 3 of 7 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: B -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 wayfinding and call attention to the entrances. B -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. B -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: C1. 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. C2. 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. C3. The sign copy location for the proposed wall signs has 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. C4. Signage on -site is limited to the approved signs. The approved signs will therefore prevent a proliferation of signage on -site. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -086 Paqe 4 of 7 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: D -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. D -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 warrants the increased size of the existing signs and will not detract from the building's exterior. D -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. D -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 E -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 wayfinding 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 along the south elevation and 6 feet 3/4 inches in height along the east elevation will not adversely affect or be detrimental to persons, property, or improvements in the neighborhood. E -2 There are no residential properties adjoining the subject property. E -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. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -086 Paqe 5 of 7 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. 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 23rd DAY OF DECEMBER, 2013. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -086 Paqe 6 of 7 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. The overall letter /logo height of the new wall sign on the south elevation shall be limited to 6 feet 10 inches in height and 172 square feet in area. The background shall be painted in a color to match the exterior building color. 5. The overall letter /logo height of the new wall sign on the east elevation shall be limited to 6 feet 3/4 inches in height and 126 square feet in area. 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 is 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. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -086 Paqe 7 of 7 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. 10 -15 -2013