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HomeMy WebLinkAboutZA2016-008 - to allow a third ground-mounted entrance identification sign for the Newport Beach Country Club when the PC Dev Plan allows only two signs - 1600 Coast Hwy E RESOLUTION NO. ZA2016-008 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2015-012 FOR AN ADDITIONAL MONUMENT SIGN AND INCREASED HEIGHT LOCATED AT 1600 EAST COAST HIGHWAY (PA2015-221) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Todd Pickup, on behalf of the Newport Beach Country Club, with respect to property located at 1600 East Coast Highway, and legally described as Parcels 1 and 3 of Parcel Map No. 79-704 and a Portion of Back Bay Drive as shown on Parcel Map No. 79-704, requesting approval of a modification permit. 2. The applicant proposes an additional ground-mounted monument sign at the project entrance on East Coast Highway and an increase in sign height. The proposed monument sign would have a maximum sign height of 6 feet 9 inches, whereas the Newport Beach Country Club Planned Community Development Plan sign standards limit sign height to 5 feet. 3. The subject property is located within the Newport Beach Country Club Planned Community (PC-47) Zoning District and the General Plan Land Use Element category is Parks and Recreation (PR). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Parks and Recreation (PR). 5. A public hearing was held on February 25, 2016 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 QUALITYACT 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 consists of construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to signs. Zoning Administrator Resolution No. ZA2016-008 Page 2 of 6 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050 (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 proposed sign is a monument sign located at the primary project entrance, which is an area with heavy landscaping in front of the project parking lot. The proposed monument sign is complimentary to the landscaped areas and will not diminish or negatively impact the character of the existing development. 2. The proposed maximum sign height is 6 feet 9 inches, whereas the PC allows for a maximum sign height of 5 feet. The surrounding landscape enables a taller monument sign that is in scale with the project and able to identify the Country Club at its primary entrance to motorists on East Coast Highway. The proposed increase in maximum sign height is similar in height to existing monument signs for Fashion Island and Irvine Terrace, all of which are located nearby and facing East Coast Highway. 3. A monument sign for the Newport Beach Country Club previously existed at East Coast Highway entrance in a similar location as the proposed sign. 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. The proposed monument sign is located at the primary entrance to the Country Club on East Coast Highway on a large 128.5 acre lot. Additionally, the Country Club is set back from East Coast Highway approximately 320 feet, reducing visibility of the Country Club and making it difficult for visitors to locate. 2. The primary entrance is the only entrance to the Country Club on East Coast Highway. The location and height of the monument sign is necessary to alert visitors traveling on East Coast Highway of the Country Club's driveway and primary entrance. 10-02-2015 Zoning Administrator Resolution No. ZA2016-008 Page 3 of 6 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. Given that the primary access to the site is from East Coast Highway, the PC previously permitted a monument sign at the proposed location for proper identification. However, it was unintentionally removed as part of the March 27, 2012 amendment that incorporated the Tennis Club. A strict application of the amended PC would leave the Country Club without an adequate identification sign at its primary entrance, which is inconsistent with the purpose and intent of the PC. 2. The proposed increase in maximum sign height does not interfere with the intent of the Zoning Code as it provides for adequate identification of the site while guarding against the excessive and confusing proliferation of signs. The proposed maximum height increase allows for greater visibility for motorists traveling in heavy vehicular traffic on East Coast Highway to identify the Country Club's primary entrance. 3. Although the PC allows the installation of a monument sign at its secondary driveway at Granville, this location is used less frequently by visitors because it is inconveniently located between several commercial office building parking lots. 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: 1. The alternative location where the PC permits a monument sign is in front of the secondary entrance, located on Granville. A single monument sign at the secondary entrance does not provide similar benefits to the Country Club. The secondary entrance is located on a different street and is not used frequently due to its inconvenient location. The location of the sign at the primary entrance and its increase in maximum height will be essential for notifying visitors of the Country Club's primary entrance and will not be detrimental to any surrounding owners and occupants, the neighborhood, or to the general public. 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 10-02-2015 Zoning Administrator Resolution No. ZA2016-008 Page 4 of 6 City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding: 1. Approval of the application to allow an additional monument sign and an increase in the size of the sign does not change the density or intensity of the use. The proposed sign will provide adequate visibility for visitors traveling on East Coast Highway and will identify the location of the primary entrance to the site. 2. The location of the additional sign on East Coast Highway does not impact the surrounding projects. 3. The size of the sign is within scale of the signs in the surrounding area and will not adversely affect or be detrimental to persons, property, or improvements in the surrounding neighborhood. Monument signs are typically limited to 6 feet in height in other zoning districts in the City, and a proposed maximum height of 6 feet 9 inches is not overly excessive. 4. The area of the sign does not exceed the 75 square feet maximum sign area permitted by the PC. 5. The project has been reviewed and conditioned to ensure the sign will be safely located outside the vehicular line of sight. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2015-012, 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 or call for review 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 25th DAY OF FEBRUARY, 2016. Patrick J. Alford, Zoning Administrator 10-02-2015 Zoning Administrator Resolution No. ZA2016-008 Page 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 1. 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. 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. 5. Any change in operational characteristics, 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. 6. The additional monument sign shall have a maximum height of 6 feet 9 inches. 7. The additional monument sign shall have a maximum sign area of 75 square feet. 8. There shall be a minimum separation of 50 feet between monument signs. 9. 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. 10. 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. 11. 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 10-02-2015 Zoning Administrator Resolution No. ZA2016-008 Page 6 of 6 every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Newport Beach Country Club Sign Modification including, but not limited to, Modification Permit No. MD2015-012 (PA2015-221). 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. Public Works Division 12. Sign shall be located outside the vehicular line of sight area, per CIM Standards (STD- 110-2). Building Division 13. The applicant shall obtain building and electrical permits. 10-02-2015