HomeMy WebLinkAboutZA2019-027 - APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2018-007 AND MODIFICATION PERMIT NO. MD2018-008 FOR AN INCREASE IN SIGN NUMBER AND SIZE OF MONUMENT SIGNS LOCATED AT 1 BAYWOOD DRIVERESOLUTION NO. ZA2019-027
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE
SIGN PROGRAM NO. CS2018-007 AND MODIFICATION PERMIT
NO. MD2018-008 FOR AN INCREASE IN SIGN NUMBER AND
SIZE OF MONUMENT SIGNS LOCATED AT 1 BAYWOOD DRIVE
(PA2018-244)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Irvine Company Apartment Redevelopment and Reinvestment
with respect to property located at 1 Baywood Drive and legally described as Parcel 1 and
Parcel 2 of Parcel Map No. 84-705 requesting approval of a comprehensive sign program
and a modification permit.
2. The applicant proposes a comprehensive sign program and a modification permit to
authorize signage for the Baywood Apartments. The applicant is seeking the following
deviations from PC -3 (Harbor View Hills) Planned Community Text and from Chapter
20.42 (Sign Standards) of the Zoning Code (as applicable):
Comprehensive Sign Program
a) Allow two monument signs per frontage, where one is allowed per frontage;
b) Allow more than three signs on one site;
c) Allow for varied signage types such as leasing directional signs (Sign Type 4);
Modification Permit
d) Allow a height increase for monument signs up to seven feet maximum, where four feet
is allowed (75% increase); and
e) Allow an increase in area greater than 30% for two monument signs (65% and 74%
area increase per sign, respectively)
3. The subject property is designated Multiple -Unit Residential (RM) by the General Plan
Land Use Element and is located within the Harbor View Hills Planned Community (PC -3)
Zoning District.
4. A public hearing was held on February 28, 2019 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 hearing 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 hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. Class 11 consists of construction or placement of minor structures accessory to existing
commercial, industrial, or institutional facilities including on -premise signs.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Comprehensive Sign Program
The Comprehensive Sign Program shall comply with the standards of the Zoning Code, except
that deviations are allowed with regard to sign area, total number, location, and/or height of
signs. The proposed Comprehensive Sign Program is required based on the size, type, and
number of signs proposed onsite. In accordance with Section 20.42.120 (Comprehensive Sign
Program Standards) of the Newport Beach Municipal Code (NBMC), 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:
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 NBMC Chapter 20.42 and the PC -3 Planned Community Text.
The proposed Comprehensive Sign Program complies with the purpose and intent of
NBMC Chapter 20.42 (Sign Standards) because it provides Baywood Apartments
with adequate identification while guarding against excessive sign proliferation. The
apartment is a large property with 30 -year-old monument signs, which necessitates
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replacement and larger signage at the property entrance on San Miguel Drive and
the backside of the property along San Joaquin Hills Road. The signage is
proportionate to the size of the 388 -unit apartment complex and the large roadways
adjacent to the site.
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 identify the apartment property without creating sign clutter
through the use of legible text that contrasts with the background. The entry to the
apartments, the corner of San Miguel and San Joaquin Hills Road, and on San
Joaquin Hills Road where the larger monument signs are proposed provides
identification along San Miguel Drive, which is the intent of the Zoning Code for
residential communities. The placement and size of the signs do not dominate, but
rather are consistent with the proportions of the street frontages on which they are
located. The proposed signage is adequately spaced so as to prevent large clusters
of signage and appear less obtrusive to neighboring motorists and pedestrians.
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:
The number and location of signs will not contribute to an overabundance of signage
that will have a detrimental effect on the neighborhood. The monument signs provide
entry and location identification from San Joaquin Hills Road and San Miguel Drive
but are not overly visible from the surrounding commercial and residential areas, as
well as Harbor View Nature Park. The proposed leasing directional sign along
MacArthur will be tall and slim, in keeping with the existing landscaped trees along
this frontage.
Considering the combined frontage length of over 4,000 feet, the combined 178
square feet of monument signage will not create a negative impact on pedestrians or
motorists in the vicinity.
The subject site is substantial, occupying approximately 28 acres, larger than most
of the apartment complexes in the City. The site also has three frontages, with the
primary frontage along San Joaquin Hills Road (Major Road — Six Lane Divided) and
a secondary frontage along San Miguel Drive (Primary Road — Four Lane Divided).
The project also fronts MacArthur Boulevard (Major Road — Six Lane Divided). All of
these roadways are large and experience a high volume of vehicles traveling at high
speeds. The signs would be proportionate and relate to the structures onsite and the
development as a whole.
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4. The three monument signs are similar in design scheme, thereby promoting
continuity and consistency in signage onsite. The number and location of signs will
not contribute to an overabundance of signage that will have a detrimental effect on
the neighborhood.
All proposed signage will integrate well with the character and architectural style of
the building by maintaining consistency in location, sign height, and materials across
the street frontages.
Standard:
C. The sign program shall address all signs, including permanent, temporary, and exempt
signs.
Fact in Support of Standard:
The sign program includes all project signage. Temporary and exempt signs not
specifically addressed in the program shall be regulated by the provisions of NBMC
Chapter 20.42.
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:
The Comprehensive Sign Program establishes allowed type, number, location, and
area of signage with flexibility to accommodate future design -related remodels or
new occupants.
It is not anticipated that future revisions to the Comprehensive Sign Program will
be necessary to accommodate changes in occupants or owners. However, the
Community Development Director may approve minor revisions to the
Comprehensive Sign Program if the intent of the original approval is not affected.
6VI@ *IFWeeI
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:
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The approval conforms to the intent of NBMC Chapter 20.42, and enhances the
overall development by integrating the signage in appropriate locations and scale
to the long street frontages (an approximately 1,450 -foot frontage on MacArthur
Blvd, an approximately 1,000 -foot frontage on San Joaquin Hills Road, and an
approximately 1,600 -foot frontage on San Miguel Drive).
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 sign area and length of the monument signs
to be larger than the standard Zoning Code limitations in order to increase the
visibility of the signs and allow signage that is proportionately scaled to the site and
large roadways near the site.
A modification permit is required to allow additional height and area for the
identification monument sign on San Joaquin Hills Road and the identification
monument sign on San Miguel Drive at the corner of San Joaquin Hills Road. The
modification permit findings are addressed in the modification permit section below.
The monument sign on San Miguel Drive at the Baywood entrance does not require
a modification permit, but does require approval of a sign program because it is the
second monument sign on a single frontage (San Miguel Drive).
4. The approval also enhances the overall development by integrating all of the
project's signs with the overall site and structure design into a unified architectural
statement. The Comprehensive Sign Program establishes signage for the entire
apartment complex including identifying the community without an overabundance
of signage that could impact the surrounding area or create hazards. The site is
large and the leasing office is located towards the rear of the property. Therefore,
additional requested signage within the interior of the site is necessary to guide
visitors to the leasing office.
The Comprehensive Sign Program allows for the provision of additional signs on
site. The apartment complex contains 388 units, which creates challenges in
locating specific buildings and apartment units. The additional addressing signage
will assist visitors, delivery services, and emergency personnel in locating specific
units.
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:
The Comprehensive Sign Program does not authorize the use of prohibited signs.
Standard:
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G. Review and approval of a Comprehensive Sign Program shall not consider the signs'
proposed message content.
Facts in Support of Standard:
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
Pursuant to Section 20.42.110 of the Newport Beach Municipal Code, deviations in sign height
greater than 20 percent and sign area greater than 30 percent 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:
The subject property is located in PC -3 (Harbor View Hills). The increase in the areas
and heights of the monument signs along San Joaquin Hills Road and San Miguel
Drive are compatible with the existing development in the neighborhood because the
larger monument signs are consistent with the scale of the property and do not create
noticeable impacts due to the long frontage along both of these roads. The location
of these monuments at the corner of San Joaquin Hills Road and the corner of San
Miguel Drive and San Joaquin Hills Road maintains the integrity of the residential
property.
The increase in area and height for the monument signs on San Joaquin Hills Road
and the corner of San Joaquin Hills Road and San Miguel Drive allows for a more
visible design compatible with their locations. The proposed monument signs are
adequately spaced, thereby preventing sign clutter along the frontages. The
property has an approximately 1,450 -foot frontage on MacArthur Blvd. an
approximately 1,000 -foot frontage on San Joaquin Hills Road, and an
approximately 1,600 -foot frontage on San Miguel Drive. The increase in area and
length allows for increased visibility while still meeting the intent of residential
community signage.
An identification monument of similar size (6 feet high by 12 feet wide) is located
on the opposite corner (San Joaquin Hills Road and San Miguel) at the Harbor
View Shopping Center. Additionally, there is a large monument sign at the corner
of MacArthur Boulevard and San Joaquin Hills Road that provides directional
signage for the Fashion Island area. The associated sign program allows for
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signage up to 15 feet high and 15 feet wide. Therefore, the two proposed seven -
foot high (and up to 12 feet wide) signs requiring modification permits would not
look out of character with other monument signs in the vicinity.
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 monument signs on San Joaquin Hills Road and San Miguel Drive provide
clear identification of the entrance and the apartment complex from San Miguel
Drive.
2. The proposed monument signs are necessary to increase the visibility of the
entrance and the location of the apartments from San Joaquin Hills Road and San
Miguel Drive. The existing locations of the monument signs near the entrances of
the property meet the intent of PC -3 and the Zoning Code for residential
communities, which is to maintain the integrity of the residential community without
an over -concentration of signage or commercial type signage. The intent is to
provide signage near entrances and ample internal signage for navigation once on
the property.
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 size is to ensure that signage does not overwhelm a property and
create clutter. The proposed increase in the maximum area and height will be
appropriately scaled to the entrance and size of the property along San Joaquin
Hills Road and San Miguel Drive. The regulation of the area and height of
monument signs is also to prevent the freestanding signs from overtaking a
frontage and impacting visibility. The Planned Community (PC -3) limits signage to
4 feet high and 35 square feet in area, which is small considering the size of the
frontages and 388 -unit, 28 -acre apartment complex. The proposed increase in the
area and height of the monument signs will not inhibit visibility and is still
proportioned to the street frontages they are located on.
2. The proposed increase in the maximum area and height of the monuments does
not interfere with the purpose and intent of the Zoning Code as it provides for
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adequate identification of the site while guarding against the excessive and
confusing proliferation of signs. The increase in size addresses the practical
difficulty of reduced visibility for motorists that are trying to find the apartment
complex from San Joaquin Hills Road and San Miguel Drive.
Findin :
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 Findinq:
1. The requested increase in the size of the monument signs 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. Due to the layout of the apartment property, the size of the monument signs is
necessary to provide identification for the subject property while providing signage
that meets the intent of the Zoning Code for residential communities. Maintaining
the existing number of monument signs along San Joaquin Hills Road and San
Miguel Drive and allowing the existing monuments to increase in size preserves
the residential community while increasing visibility of access to the apartment
complex. The strict application of the Zoning Code would result in smaller signage
that is out of scale with the long street frontages and massive site.
Findin-g:
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. This approval will allow for an increase in the size of the existing monument signs,
but will not result in a change in intensity or density of the existing apartments.
2. The size of the signs is within the scale and proportionate to the large property.
The subject property fronts large roadways and the signs are primarily oriented to
be visible to the nearby commercial areas and streets. The signs will not be overly
visible from any of the residential neighborhoods in the area and will not adversely
affect or be detrimental to persons, property, or improvements in the surrounding
neighborhood.
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.
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1.9x"IEel 04EM91xyt:9Eel 01
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive
Sign Program No. CS2018-007 and Modification Permit No. MD2018-008 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 28TH DAY OF FEBRUARY, 2019.
Patrick J. Alford, Zoning Administrator
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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
Comprehensive Sign Program and Modification Permit.
4. A building permit shall be obtained prior to commencement of installation of the signs.
5. All illuminated signs shall be illuminated in accordance with the provisions of Section
20.42.060.H of the Newport Beach Municipal Code.
6. This Comprehensive Sign Program and 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.
7. 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.
8. 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.
9. 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.
10. 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
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approval of Baywood Apartments Signage including, but not limited to, Comprehensive
Sign Program No. CS2018-007 and Modification Permit No. MD2018-008 (PA2018-244).
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
11. All signage shall be installed outside the limited use area on private property pursuant
to City Standard STD -110-L.
12. Leasing directional signs and pole, including foundations, shall be located entirely on
private property.
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