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HomeMy WebLinkAboutZA2018-047 - MODIFICATION PERMIT FOR IN INCREASE IN SIGN NUMBER AND AREA - 4695 MACARTHUR COURTRESOLUTION NO. ZA2018-047 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2018-002 FOR AN INCREASE IN SIGN NUMBER AND AREA, LOCATED AT 4695 MACARTHUR COURT (PA2018- 039) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by TFN Architectural Signage, with respect to property located at 4695 Macarthur Court, and legally described as Parcel 2 of Resubdivision No. 786, requesting approval of a modification permit. 2. The applicant is requesting approval of a modification permit to authorize signage to identify a major tenant at the top of an existing 214-foot, 6-inch tall office building. The applicant is seeking the following deviations from the sign standards of the Koll Center Planned Community (PC-15): a) Two signs per façade, on two facades, where PC-15 allows for a maximum of one sign per façade, on a maximum of two facades. The proposed signage on each façade consists of a text sign (207 square feet) and a logo sign (100 square feet); b) Sign area of 207 square feet for the Grant Thornton text signs, located on the façade facing Campus Drive and the façade facing Macarthur Boulevard. PC-15 allows a maximum sign area of 200 square feet for wall signs (3.5-percent increase). 3. The subject property is located within the Koll Center Planned Community (PC-15) and the General Plan Land Use Element category is General Commercial Office (CO-G). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on April 12, 2018 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. Zoning Administrator Resolution No. ZA2018-047 Page 2 of 7 10-02-2015 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 consists of construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to signs. SECTION 3. REQUIRED FINDINGS. Pursuant to Section 20.42.110 of the Newport Beach Municipal Code, deviations in sign height greater than twenty (20) percent, sign area greater than thirty (30) percent, and sign number are subject to the approval of a modification permit. 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 subject property is located in the Koll Center Planned Community (PC15). The increase in number and area of signs is compatible with the existing development in the neighborhood because large office buildings are common within the Koll Center that use similar signage and logos for identification purposes. The neighboring office building at 4675 Macarthur Court has two wall signs that are approximately 314 square feet in area including text and logo. 2. The building façades measure 144 feet in width and 214 feet 6 inches in height on both proposed building facades. Given the width and height of the building facades, the increased area and number of the wall signs are compatible within the overall massing and bulk of the building. 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 wall signs on the two facades serves as the main identification for the office building. The proposed signs on the façade facing Campus Drive will serve motorists travelling west on Campus Drive. The proposed signs on the Zoning Administrator Resolution No. ZA2018-047 Page 3 of 7 10-02-2015 façade facing Macarthur Boulevard will serve motorists travelling east on Campus Drive, as well as motorists travelling south on Macarthur Boulevard. Proposed signs on both facades will allow motorists coming from the 405 and 55 freeways to identify and locate the major tenant of the office building. 2. The existing office building is located in the center of a large office complex with several existing high-rise and multi-story buildings. The complex is surrounded by large trees on three major frontages (Birch Street, Macarthur Boulevard, and Campus Drive). Although the office building is 214 feet 6 inches tall, it is set back approximately 450 feet from Macarthur Boulevard and 180 feet from Campus Drive, making it difficult to identify when travelling along those streets. The increase in area and number of wall signs will provide improved visibility to motorists trying to identify the building. 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. The purpose and intent of the sign regulations is to provide users adequate identification while preserving and enhancing the community’s appearance. The regulation of sign area and number is to ensure that signage does not overwhelm a building façade and create clutter. The proposed logo sign and text sign on each facade combines for a total of approximately 307 square feet, which is less than one (1) percent of the overall building façade. 2. The proposed increase in the maximum number and area of signs does not interfere with the purpose and 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 increase addresses the practical difficulty of reduced visibility for motorists traveling in heavy vehicular traffic on Macarthur Boulevard, Campus Drive, and Birch Street. 3. Due to the large size of the building facades, the increased number and area of the wall signs are necessary to provide identification for the office building. 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. Zoning Administrator Resolution No. ZA2018-047 Page 4 of 7 10-02-2015 Facts in Support of Finding: 1. The requested increase in number and area is in scale and similarly placed as other signs in the surrounding area and will not be detrimental to surrounding owners and occupants, the neighborhood, or the general public. 2. The alternative of providing signage per PC-15 standards would result in smaller signage that is out of scale with the large façade of the building and provide inadequate signage that would not be easily visible to motorists on Macarthur Boulevard, Campus Drive, and Birch Street. 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. Facts in Support of Finding: 1. Approval of the application to increase the number and area of wall signs does not change the density or intensity of use. 2. The building does not have any other tenant identification signs on the exterior of the building so the increased size of the signs will not detract from the building’s exterior. 3. The increased number and area 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 building’s overall aesthetic. 4. The location of the wall signs on the two building facades of the existing building does not affect views or impact the surrounding area since they are located on the existing building. 5. Tall office buildings are common within the Koll Center area and typically have larger wall signs for major tenants to provide building identification at the top of buildings. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2018-002, subject to the conditions set forth in Exhibit A and parameters denoted in Exhibit B, which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2018-047 Page 5 of 7 10-02-2015 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 12th DAY OF APRIL , 2018. ____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-047 Page 6 of 7 10-02-2015 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, building elevations, and sign details stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Signs shall comply with the limitations specified in the Sign Matrix included in Exhibit B. 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 Modification Permit. 5. A building permit shall be obtained prior to commencement of installation of the signs. 6. The signs shall be illuminated in accordance with the provisions of Section 20.42.060.H of the Newport Beach Municipal Code. 7. 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. 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. 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. 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 every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s Zoning Administrator Resolution No. ZA2018-047 Page 7 of 7 10-02-2015 approval of the Grant Thornton Signage including, but not limited to, Modification Permit No. MD2018-002 (PA2018-039). 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.