HomeMy WebLinkAboutZA2015-049 - COMPREHENSIVE SIGN PROGRAM - 2500 San Joaquin Hills Rd RESOLUTION NO. ZA2015-049
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE
SIGN PROGRAM NO. CS2015-009 TO AUTHORIZE SIGNAGE
AT A SERVICE STATION LOCATED AT 2500 SAN JOAQUIN
HILLS ROAD (PA2015-136)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Donco & Sons, Inc., with respect to property located at 2500
San Joaquin Hills Road, and legally described as Parcel 3 of Resubdivision 284
requesting approval a Comprehensive Sign Program.
2. On December 12, 2013, the Zoning Administrator approved Comprehensive Sign
Program No. CS2013-013 and Modification Permit No. MD2013-018 (PA2013-201),
which authorized signage for the Harbor View Shopping Center, including the Mobil
Service Station.
3. The applicant proposes to amend the previously approved Comprehensive Sign Program
that authorized signage for the Harbor View Hills Shopping Center to allow additional wall
signs for the service station.
4. The subject property is located within the Commercial Neighborhood (CN) Zoning District
and the General Plan Land Use Element category is Neighborhood Commercial (CN).
5. The subject property is not located within the coastal zone.
6. A public hearing was held on August 27, 2015, in the Corona del Mar Conference Room
(Bay E-1 st 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.
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SECTION 3. STANDARDS.
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 the
Newport Beach Municipal Code Chapter 20.42 (Sign Standards) because it provides the
service station with adequate identification while guarding against an excessive sign
proliferation. The proposed project is in compliance with the service station sign
guidelines (Section 20.42.080.K.3), with the exception of the number of signs
approved through the Comprehensive Sign Program. 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 more than three (3) signs
for a single-tenant development. This approval integrates all of the signs for the service
station while meeting the purpose and intent of Chapter 20.42.
3. The proposed wall signs for tenant identification are located above the windows and
doors on the tower element of the building where the architectural design of the building
suggests placement of a sign. The proposed wall signs over the service bays will provide
for identification of services offered on the south elevation.
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
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.
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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 service station is located on a corner parcel within the Harbor View Shopping Center
(Center). The Zoning Administrator previously approved a Comprehensive Sign Program
and Modification Permit to regulate the signs for the Center on December 12, 2013. The
number and location of the proposed additional wall signs will not contribute to an
overabundance of signage that would have a detrimental effect on the neighborhood.
2. All proposed signage will integrate well with the character and architectural style of the
recently remodeled building by maintaining complementary sign location, size, color, and
materials. The building paint colors include beige and tan, and the proposed signs are
blue with red accents.
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 project signage for the
service station. The signs for the other tenants within the shopping center are
authorized under the previously approved Comprehensive Sign Program and
Modification Permit.
2. 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,
and are included in the sign program.
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 sign program has been designed to be effective for the service station by
establishing allowed type, number, location, design, and size of signage, with flexibility
to accommodate any existing and future tenants. Proposed signs for a change of
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tenant or use from the service station could be approved pursuant to the sign
provisions within Chapter 20.42.
2. It is not anticipated that future revisions of the Comprehensive Sign Program will be
necessary to accommodate changes in tenants or uses. However, the Community
Development Director may approve signs that substantially conform to the sign
program if the intent of the original approval is not affected and said signs conform to
the Zoning Code.
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 regard to the number and
location of wall signs. The approval conforms to the intent of Chapter 20.42, and
enhances the overall development by integrating all of the service station signs with
the building design into a unified architectural statement. The requested deviation to the
number allows for tenant identification on two (2) fagades and the services offered listed
over the three (3) service bays. The requested deviation to the location of wall signs will
allow placement of the tenant identification signs on the tower element of the building
where the architectural design of the building suggests placement of a sign instead of
centered on the elevation. The number and location of signs provide consistent design
to enhance the use and customer experience.
Standard:
F. The Approval of a Comprehensive Sign Program shall not authorize the use of signs
prohibited by this Chapter[Chapter 20.42].
Facts in Support of Standard:
1. The program does not authorize the use of prohibited signs.
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 Program does not
contain any regulations regarding sign message content.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive
Sign Program No. CS2015-009, 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 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 27TH DAY OF AUGUST, 2015.
JN
red Wisneski, AI P, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved sign matrix and
plans 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
Comprehensive Sign Program.
4. This Comprehensive Sign Program may be modified or revoked by the Zoning
Administrator if determined that the proposed project 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.
5. 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.
6. 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.
7. 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 Harbor View Mobil Service Station Comprehensive
Sign Program including, but not limited to, the CS2015-009. 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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