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HomeMy WebLinkAboutZA2015-009 - A COMPREHENSIVE SIGN PROGRAM TO AUTHORIZE SIGNAGE FOR AN EXISTING THEATER, INCLUDING TWO MARQUEES AND ONE WALL SIGN, AND A MODIFICATION PERMIT TO ALLOW THE SIGNS TO DEVIATE FROM THE MAXIMUM ALLOWED SI - 3459 Via Lido RESOLUTION NO. ZA2015-009 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2015-001 AND MODIFICATION PERMIT NO. MD2015-001 FOR THE LIDO LIVE SIGNS LOCATED AT 3459 VIA LIDO (PA2015-011) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lido Partners, with respect to property located at 3459 Via Lido, and legally described as Parcel 1 of Resubdivision 0516 requesting approval of a Comprehensive Sign Program and Modification Permit. 2. The applicant proposes a Comprehensive Sign Program to authorize signage for an existing theater, including two marquees and one wall sign, and a Modification Permit to allow the signs to deviate from the maximum allowed size. 3. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG-B). 5. A public hearing was held on March 12, 2015, 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. This project has been determined to be categorically exempt 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) under Class 11 (Accessory Structures). 2. Class 11 exempts minor structures accessory to existing commercial facilities, including signs. The proposed signs are incidental and accessory to the principal commercial use of the property and do not intensify or alter the use. Zoning Administrator Resolution No. ZA2015-009 Page 2 of 11 SECTION 3. REQUIRED FINDINGS. Comprehensive Sign Program In accordance with Section 20.42.120 (Comprehensive Sign Program Standards) of the Newport Beach Municipal Code, the following standards and facts in support of such standards are set forth: Standard: A. The proposed sign program shall comply with the purpose and intent of this Chapter [Chapter 20.42], any adopted sign design guidelines and the overall purpose and intent of this Section [Section 20.42.120]. Facts in Support of Standard: 1. The proposed Comprehensive Sign Program complies with the purpose and intent of Newport Beach Municipal Code Chapter 20.42 (Sign Standards) because it provides the theater with adequate identification while guarding against an excessive sign proliferation. The Comprehensive Sign Program preserves and enhances community appearance by regulating the type, size, location, quantity, and illumination of signs. 2. The purpose of a comprehensive sign program is to integrate all of a project's signs. A comprehensive sign program provides a means for the flexible application of sign regulations for projects that require multiple signs in order to provide incentive and latitude in the design and display of signs, and to achieve, not circumvent, the purpose of Chapter 20.42. A comprehensive sign program can authorize marquee signs and design features not otherwise allowed by Chapter 20.42 for theater or cinema uses. This approval integrates all of the signs for the theater while meeting the purpose and intent of Chapter 20.42. 3. The proposed primary signs will provide for tenant identification on elevations viewed from Via Lido where the architectural design of the building suggests placement of a sign. The wall sign is proposed to identify the tenant and is located on an architectural feature above the building entrance and has a vertical and horizontal sign element; the horizontal sign is an existing sign. Both marquees will identify upcoming movies and events. The first marquee is the existing marquee over the theater entrance and no changes to this marquee would occur. A second marquee is proposed to identify both the tenant and upcoming movies and events, located on the rear of the building, which is visible from the parking lot and pedestrian walkway between the theater building and the adjacent Griffith Building. All proposed signs will employ a consistent design compatible with the art deco theme of the theater and will fit with the overall scale of the building and its relationship to Via Lido and adjacent buildings. 4. The Comprehensive Sign Program is consistent with the Citywide Sign Design Guidelines because the proposed signs are designed to be compatible with the building design in terms of scale, size, and materials. The proposed signs are designed to 07-22-2014 Zoning Administrator Resolution No. ZA2015-009 Page 3 of 11 effectively communicate a commercial message without creating sign clutter through the use of legible text that contrasts with the background. The location and size of the signs do not dominate, but rather are consistent with the proportions of the fagade on which they are located. Again, the proposed signs complement the art deco architectural design of the building. 5. The Comprehensive Sign Program is consistent with the Lido Village Design Guidelines, which encourage signage to be appropriately scaled to the building, to be readable by both pedestrians and drivers approaching the site, and to not obscure important architectural features. The proposed signs are consistent because the signs are appropriately scaled to the building and do not obscure important architectural features. The marquee signs include a permanent mounting method and do not include flashing lights. Standard: B. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and/or developments they identify, and to surrounding development when applicable. Facts in Support of Standard: 1. The theater is located on a site developed with multiple tenants and buildings. The City has approved several sign programs to regulate the signs for the West Marine building and other buildings on-site. The number and location of signs will not contribute to an overabundance of signage that will have a detrimental effect on the neighborhood. 2. All proposed signage will integrate well with the character and architectural style of the building by maintaining complementary sign location, size, color, and materials. The building paint colors include beige, teal, and black, and the proposed signs are black, white, teal, and other complementary colors. The proposed signs complement the art deco architectural design of the building. Standard: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Facts in Support of Standard: 1. The proposed Comprehensive Sign Program addresses all signage for the theater. Temporary and exempt signs not specifically addressed in the sign program shall be regulated by the provisions of Chapter 20.42 (Sign Standards) of the Zoning Code. 07-22-2014 Zoning Administrator Resolution No. ZA2015-009 Page 4 of 11 Standard: D. The sign program shall accommodate future revisions that may be required because of changes in use or tenants. Facts in Support of Standard: 1. The Comprehensive Sign Program has been designed to be effective for the theater use that occupies the building. 2. The Comprehensive Sign Program establishes allowed type, number, location, and area of signage with flexibility to accommodate any existing and future tenants. Signs for a use other than a theater or cinema would not include a marquee; however, the Comprehensive Sign Program would allow for wall signs for new uses consistent with the approval. 3. It is not anticipated that future revisions to the Comprehensive Sign Program will be necessary to accommodate changes in tenants or uses. However, the Community Development Director may approve minor revisions to the Comprehensive Sign Program if the intent of the original approval is not affected. Standard: E. The program shall comply with the standards of this Chapter, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter. Facts in Support of Standard: 1. The Comprehensive Sign Program allows for deviations with regards to the type, number, and location of wall signs. The approval conforms to intent of Chapter 20.42, and enhances the overall development by integrating all of the project's signs with the building design into a unified architectural statement. 2. The proposed Comprehensive Sign Program is consistent with Chapter 20.42, and is being processed concurrently with a Modification Permit consistent with Zoning Code Section 20.52.050 to allow the letter size, sign height, and sign area to be larger than the standard Zoning Code limitations. 3. The number, location, type, and size of signs are reasonable in order to provide adequate identification of the theater from the street and parking lot and to allow for marquee signs to show upcoming movies and events. 07-22-2014 Zoning Administrator Resolution No. ZA2015-009 Page 5 of 11 Standard: F. The Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter[Chapter 20.421. Facts in Support of Standard: 1. The Comprehensive Sign Program does not authorize the use of prohibited signs. Changeable copy signs are allowed as a component of a marquee sign for a theater or cinema through approval of a Comprehensive Sign Program. Standard: G. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. Facts in Support of Standard: 1. The content of the signs was not considered and the proposed Comprehensive Sign Program does not contain any regulations regarding sign message content. Modification Permit In accordance with Section 20.52.050.E (Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a Modification Permit are set forth: Finding H. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding 1. The subject property is located in the Commercial General Zoning District with commercial uses opposite Via Lido located in a mixed-use zoning district. The increase in letter height, sign height, and sign area is compatible with the neighborhood because the adjacent street and parking lot provide adequate separation from the proposed signs to existing development. The proposed signs are not out of proportion with existing development in the neighborhood. 2. The marquee and horizontal sign above the theater entrance are existing and no changes would occur to these signs. The addition of a second wall sign and marquee sign is a minor change. 3. The existing building entrance is at an angle to Via Lido and the primary frontage wall sign will only be visible from the northwest of the building. The existing building to the 07-22-2014 Zoning Administrator Resolution No, ZA2015-009 Page 6 of 11 west is two stories and other buildings in the area have large walls signs. Therefore, the proposed signs will be compatible with the commercial development in the area. 4. The proposed signs do not constitute or contribute to a significant proliferation of signs which would be inconsistent with the neighborhood character. Finding 1. 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. The subject property is developed with multiple-tenant commercial buildings and two surface parking lots. The subject building is located on the Via Lido lot frontage with a walkway and two-story commercial building directly to the west. The existing marquee is 312 square feet, which is 237 square feet above the 75 square-foot maximum size. The existing wall sign letters are a maximum of 4 feet 6 inches, which is 18 inches above the 36-inch maximum letter/logo height. The increased size of the sign and letter height is necessary due to the lot shape, street frontage, building shape, and building orientation. The primary sign will be visible from Via Lido and from southbound Newport Boulevard and the secondary frontage sign will be visible from the parking lot behind the building and from northbound Newport Boulevard, which will help guide people to the destination from streets. 2. The second marquee sign text area complies with the 75-square-foot limitation; however the overall sign size including decorative elements is 105 square feet. Due to the unique building design with a primary frontage on Via Lido and a secondary frontage facing a parking lot, location of the walkway, limited visibility due to surrounding development, art deco architectural theme, and the theater use of the building, the increased sign area is warranted and it will identify the tenant from the parking lot and pedestrian walkway. Finding J. 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 purpose and intent of the sign regulations is to provide users adequate identification while preserving and enhancing the community's appearance by regulating the type, size, location, quality, design, character, scale, color, illumination, and maintenance of signs. The sign regulations also encourage the design of signs that are complementary to the buildings and uses to which they relate and that are harmonious with their surroundings. Approval of the location, size, and number of the 07-22-2014 Zoning Administrator Resolution No. ZA2015-009 Page 7 of 11 proposed signs is necessary due to the size, design, location, circulation, and parking within the subject site. 2. The marquee sign on the north elevation facing Via Lido is approximately 312 square feet in order to integrate with the existing building and surroundings, and to provide legible signage to pedestrians and motorists traveling on Via Lido and Newport Boulevard. The marquee sign facing the parking lot is approximately 105 square feet with up to 75 square feet dedicated to a changeable sign text. The larger size is necessary due to the limited visibility of the secondary frontage and large separation of the theater from the rear of the building to the southern and western property lines. Finding K. 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. A wall sign and marquee sign that exceed the size limits within Chapter 20.42 are located on the primary frontage. The alternative to the Modification Permit would be to maintain the existing nonconforming sign configuration and not have a sign visible from the parking lot. However, the proposed change to the wall sign and second marquee will provide a benefit to pedestrians and visitors to the site by providing increased visibility from the street and parking area. 2. Section 20.42.060 allows a maximum letter/logo height of 36 inches. Section 20.42.070 allows a maximum sign area of 1.5 times the tenant frontage or 75 square feet maximum. Due to the design of the building frontage, the increased letter/logo height for the wall sign and size of the marquee is necessary to provide identification for the subject property. There are no alternatives that would provide adequate visibility from the nearby streets and the parking lot to the rear given the existing building design and orientation. Wall signage compliant with sign regulations would not allow for the design of effective signage that would be legible for pedestrians and motorists traveling along the adjacent streets. The proposed signage is necessary due to the size of the site and orientation of the building. Finding L. 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. 07-22-2014 Zoning Administrator Resolution No. ZA2015-009 Page 8 of 11 Facts in Support of Finding 1. The signs will be constructed on private property and will not change the intensity of the existing commercial use, affect the flow of light or air to adjoining properties, nor interfere with traffic visibility. 2. The proposed signage will not obstruct public views from adjacent roadways or parks because there are no public views through or across the subject property. The proposed primary frontage signs may be visible from Newport Boulevard, which is designated in the Coastal Land Use Plan as a Coastal View Road; however, the proposed signs are not anticipated to negatively impact public views. 3. Compliance with the Municipal Code and the attached conditions of approval is required and will further ensure that the proposed use will not be detrimental. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive Sign Program No. CS2015-001 and Modification Permit No. 2015-001, subject to the conditions set forth in Exhibit A and parameters denoted in Exhibit B, which are attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted 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 12TH DAY OF MARCH, 2015. h re d Wisneski,Al R Zoning Administrator 07-22-2014 Zoning Administrator Resolution No. ZA2015-009 Page 9 of 11 EXHIBIT "A' CONDITIONS OF APPROVAL 1. All proposed signs shall be in substantial conformance with the approved plans, Comprehensive Sign Program Matrix Table (Exhibit "B"), and provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code, unless otherwise indicated in the following conditions. 2. The digital marquee sign shall not be animated. The sign display shall be static and not actively scroll. The sign display shall not change more than once every ten (10) minutes. The changeable copy shall be limited to text and logos only. 3. A building permit shall be obtained prior to commencement of installation of the signs. 4. A copy of this letter shall be incorporated into the plan check sets of plans prior to issuance of building or sign permits. 5. Signs shall be maintained in a clean and orderly condition. 6. All illuminated wall signs shall be shut off between 12:00 a.m. and 6:00 a.m., daily. 7. Illuminated signs shall be regulated in accordance with the provisions of Section 20.42.060 of the Newport Beach Municipal Code. If, in the opinion of the Community Development Director, existing illumination creates an unacceptable negative impact on surrounding land uses or sensitive habitat areas the Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 8. All work performed near or within the public right-of-way shall be reviewed and approved by the Public Works Department under an encroachment permit/agreement if required. 9. Any future revisions or changes to the signs approved by this Comprehensive Sign Program due to a change in the use or tenants of the building shall be reviewed and approved by the Planning Division, so long as the sign size, copy configuration, and number of signs authorized by this approval does not substantially change or increase. The mandatory reduction or elimination of signs shall be exercised as necessary. Revisions that would substantially deviate from the original approval shall require approval of a new/revised comprehensive sign program by the Zoning Administrator. 10. The Zoning Administrator may add to or modify conditions of this approval, or revoke this approval upon a determination that any sign that is authorized by this approval has been altered beyond the parameters of the authorization and therefore beyond the justification. 07-22-2014 Zoning Administrator Resolution No. ZA2015-009 Page 10 of 11 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 Lido Live Signs including, but not limited to, Comprehensive Sign Program No. CS2015-001 and Modification Permit No. MD2015-001 (PA2015-011). 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. 07-22-2014 Zoning Administrator Resolution No. ZA2015-009 Page 11 of 11 EXHIBIT "B" SIGN PROGRAM MATRIX Sign Type Primary Frontage (Via Lido) Secondary Frontage (Parking Lot) Sign Regulations Sign Regulations Maximum number of signs: 2 (two) Maximum number of signs: 1 (one) Maximum area: square feet Maximum area: 1.5 square feet per total for both signs linear foot of tenant frontage or Wall Mmaximum area of 75 square feet, Maximum letter/logo height: 36 inches for a vertical sign and 54 whichever axi ever is less M inches for a horizontal sign Maximum letter/logo height: 36 inches A marquee is allowed in lieu of a wall sign. Maximum number of signs: 1 (one) Maximum number of signs: 0 (zero) Marquee Maximum area: 312 square feet or 1 (one) Maximum letter/logo height: 36 Maximum area: 75 square feet for inches text area and 105 square feet for the entire sign area. Maximum letter/logo height: 36 inches Temporary Shall be regulated by the provisions of Chapter 20.42.090 (Standards for Temporary Signs) Exempt Shall be regulated by the provisions of Chapter 20.42.100 B (Exemptions to sign permit requirement) NOTE: Minor changes in sign type, location, and sizes specified in this matrix may be approved by the Community Development Director. 07-22-2014