Loading...
HomeMy WebLinkAboutC-1187 - Newport Center sign (Use Permit Nos. 1305 & 1326)i37 OFFIC AGREEMENT This agreement made and entered into this to 0 day of 1965, between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter called "City ") and TIME IRVINE COM?ANY, a West Virginia corporation, (hereinafter called "Irvine ") 1. Irvine is the sole owner of that certain real property + located northerly of E. Coast Highway and intersected by Newport f Center Drive, a public street, in the City of Newport Beach, County of Orange, State of California, as is more particularly depicted on the plat map attached hereto and marked Exhibit "A ". 2. The scale drawing plat map attached hereto as Exhibit "A" accurately represents the design of the area, and the sectors of maintenance responsibility. 3. Newport Center Drive is a public right of way which includes an elevated and landscaped median. 4. Irvine desires to erect a concrete identification marker for Newport Center, measuring approximately 43 feet in length and 6 feet in height, to be located in the main median of Newport Center Drive. 5. The City Council of the City of Newport Beach, on May 26, 1965, granted to Irvine, permission to erect the identifi- cation marker in the median of Newport Center Drive. NO[,�, THEPEIORE, in consideratio+.1 of the approval by City and in consideration of the above premises, the part=ies hereto agree as follo,os : 1. Irvine will assume full responsibil..i_t:y and absorb full cost for t1le n;aintenarlce and repair of the identification marker_, including any ligghti_ng- used therewith. I: 2. Irvine will assume full responsibility for the landscape maintenance of the two triangular design medians. 3. Irvine will assume full responsibility for the mainte- nance of the landscaped portion of the right of way located between the easterly curb of Newport Center Drive and the easterly sidewalk; and also the landscaped portion of the right of way located between the westerly curb of Newport Center Drive and the westerly sidewalk; both areas measured in distance from a point three hundred feet northerly of Pacific Coast Highway to a point intersecting with Pacific Coast Highway. 4. Irvine will assume full responsibility for the mainte- nance of the landscaped portion of the center median of Newport Center Drive from a point three hundred feet northerly of Pacific Coast Highway to the southernmost end of the center median, except that City will provide fertilization and water sprinkling for this area. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. ,\NE COMA THE IRVINE COMPANY SEAL By W e Pr'si ent -- \Q By_ � % -ST V1,9 Ass/sista Secretary CITY OF NEWPORT BEACH Attest: City ee*� -2- ,lag PACIFIC COAST CURB W 7 W H Z W v 0 d 3 W HIGHWA EDGE OF ww WALT( WN N0QTO MEDIAN SIGN A WITH SYMBOL EXHIBIT "A" THE IRVINE COMPANY September 9, 1968 Mr. Harvey L. Hurlburt City Manager City of Newport Beach Newport Beach, California Dear Harvey: J 7 =�9 I NE, 1. 9j664 Enclosed are the Official Document and The Irvine Company copies of the Agreement covering the proposed Entrance Sign on Newport Center Drive near the Coast Highway. This Agreement has been executed by The Irvine Company. This should meet all requirements of the City so the signs can be constructed without delay. Please return The Irvine Company copy after execution by the City. Thank you very much for your cooperation. Si erely,. I- Daniel'A. O'Farrell Senior Manager Commercial Properties DAO:ch Enclosures cc: Mr. Richard McFarland, The Irvine Company Mr. James Ballenger, The Irvine Company CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT September 10, 1968 Too City Manager From- City Attorney Subject: Request of Irvine Company for a median sign at the Newport Center A review of the Minutes of the Council meeting of May 27, 1968, indicates that on that date the Council approved the request of the Irvine Company for a median sign at the Newport Center: An accordance with the recommendation of the City Manager, and subject to the additional condition that the Irvine Company accept responsibility for the maintenance of the entire public area within the landscaped quadrant and that a letter of agree- ment be executed, the agreement transmitted herewith meets the requirements as stated in the Minutes, and therefore it is in proper order for you to execute it on behalf of the City. TULLY. SEYMQ City ttorney THS:mh Att. /37 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER T0-. MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT. TEMPORARY MEDIAN SIGN REQUEST FROM THE IRVINE COMPANY KIWO751TU 1_0 IN 7I.W001 August 12, 1968 P A thorough review of the attached Irvine Company request for the temporary re- location of Newport Center identification signs indicates that it is a reasonable one and is, therefore, recommended for approval subject to strict compliance with the following conditions of approval: 1, That the temporary signing location shall be approved as to sight clearance safety by the Traffic Engineer. (Traffic Engineer feels that there would be no significant impairment of safe sight clear- ance for motorists should these signs be allowed to re- locate as requested,) 2, That a building permit shall be secured prior to the erection of subject signs at the new location; 3. That the signs shall be permitted only during such time as the permanent identification wall is under construction; in no case will the temporary signs be permitted to remain for a period greater than forty days; 4. That all maintenance agreements established for the permanent identification structures shall apply to these signs and the area surrounding them for their duration; 5. That The Irvine Company agree to hold the City harmless from any circumstances arising from the re- location and installation of the temporary signs in question; and 6, That The Irvine Company agree to remove the temporary signs at its own expense upon request by the City, DISCUSSION-. The Irvine Company has requested permission to temporarily re- locate two signs now in existence in the Newport Center Drive median to another i Mayor and City Council Page 2 August 12, 1968 w location in subject median.. The re- location. request is designed to facilitate continuing identification of Newport Center.while.the permanent entry identi- fication wall, approved by the City Council in April, is under construction. The request is necessary because the signs would be located in the public right of way, and any private use of the public rights of way requires approval of an encroachment permit by the City Council. The request for the temporary re- location of two existing signs consists of the following: a. One sign measuring 81 x 81, double- faced, with the Newport Center symbolic logo; and b. One sign measuring 8' x 321, double- faced, with the words "Newport Center". The signs are of wood construction and are the same structures that have existed in subject median since September, 1967. HUi /JPD:ep HARVEY L. HURLBURT /3 '7 THE IRVINE COMPANY RVINE CA IIFOR NIA 9266a >14.SGL_ August 7, 1968 Mr. Harvey Hurlbert City Manager Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California Dear Mr. Hurlbert: At the request of the Manager for Fashion Island, I have been asked to identify the Newport Center development while construc- tion is taking place on the new signs recently approved. It will take approximately 30 -40 days before the permanant signs are completed. During that time, the area will be without signing on the Coast Highway. We would like the City's per- mission to erect an 8' X 8' temporary sign bearing the symbol for Newport Center and the words "Newport Center." We would like to install this sign just North of the closest street light to U.S. 101 (in the public right of way). We have explored this location and find it not to be a traffic hazzard or in any way obstructing motorists' vision. We shall remove the sign immediately upon completion of the permanant structure if our request is granted. We would appreciate your bringing this matter to the attention of the City Council at the meeting of August 12. Thank you. Sincerely � Y144 Donald F. Rypinski Graphics Design Supervisor / DFR:nn cc: Jim Du Shane, Asst. City Manager Ernest Mayer, Planning Director Kent Berge CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER TO: MAYOR AND CITY COUNCIL `- FROM: City Manager Mana 45 g � -- _- SUBJECT: NEWPORT CENTER DRIVE MEDIAN IDENTIFICATION WALL • MILD May 24, 1968 A ;QUEST FOR RECONSIDERATION The _P_lanni_nCommission on September 7, 1967 approved two off -site identi- fication signs in a traTfic�me i n located in Newport Center Drive approximately 76 feetnortherly of the intersection of Pacific Coast Highway. The first and smaller of the two signs contains 64 square feet and consists of the Newport Center symbolic logo. The second sign immediately north of the smaller sign contains the words "Newport Center" on 288 square feet of display area: These signs were intended as temporary identification monuments (constructed of wooden materials) until such time as a more suitable permanent identification wall could be designed. They are still in existence at this time. The Cit Council on March 25, 1968 did consider a request of the Irvine Company for an encroa invent permit to allow the construction of a permanent identifi- cation wall to replace the temporary signs. The City Council became involved in the matter because the streets had become dedicated and only the City Council may grant such uses of the public right of way. The City Council in considering the .request and subsequently denying it did so on the basis of the only information available at the, time; namely a request for an identification wall that was approximately 14 square feet-smaller than the tempor- ary signs already installed. Comments to the effect that the permanent identification wall seemed a bit large were made by members of the Council. Also discussed was the question of whether the proposal represented a proper use of the public right of way. The Irvine Company on May 10, 1968 submitted a letter to the City Council requesting a reconsideration of the original request-based-on the following more de- finitive information and plans. A. Original Temporary Sign Contained 352 sq. ft. B. Denied Permanent Identification Wall Contained 270 sq. ft. C. Revised Request Alternate A Contains 198 sq, ft. D. Revised Request Alternate Al Contains 228 sq. ft. It is also pointed out and illustrated that if neither Alternate A or Al are considered satisfactory the only option left to be followed would be to construct one wall on each side of the street entry for a total of 556 square feet of identifi- cation. Page -2- CONCLUSIONS AND RECONA MATION A thorough review of the Irvine Company. . request for reconsideration has led to the following conclusions and recommendation: 1: In this case the median represents an ideal location for an identification wall both in terms of communication and aesthetics. It would also appear that there are no problems of safety or sight clearances according to the. traffic engineer. 2. A number of precedents for similar use of-median-identification exists in other areas of the community; e.g., Cameo Shores, Irvine Terrace, Westcliff, etc. A private flagpole with flags and burgees has been authorized in the Via Lido traffic median. The requested sign does not advertise an individual business or shopping district as such, but identifies the entire area complex, including resi- dential, commercial, professional and, conceivably, public facilities It must be remembered that the shopping center is "Fashion Island" not "Newport Center ". 3. Such use of medians if it can be done with no hazard to the safety of vehicular or pedstrian traffic appears desirable inasmuch as it permits attractive identification of the- distinctive major areas of the community. 4. If not permitted the Irvine Company will have to construct consider- ably more signing to achieve the same degree- of- `communication in a much less aesthetically pleasing manner. 5. There appears to be no good reason not to approve-the request. It does not appear to represent advertising, is not-hazardous and does not establish a precedent not already in existence. In consideration of the above stated conclusions it is recommended that the request for a permanent identification wall as illustrated per Alternate A be given favorable consideration since it represents the best solution and also the least amount of total signing. If the Council should approve this request, such-approval should be con- ditioned as follows: HLH:mm 1. The Irvine Company will assume full and perpetual maintenance re- sponsibility for the.southerly 300 feet-of traffic median on Newport Center Drive, including the identification structure and all related appurtenances 2. The Irvine Company agree to hold. the City harmless from any cir- cumstances arising from the installation of the identification structure. 3. The Irvine Company agree to remove the sign at its own expense upon re quest by the City. HARVEY L. HURLBURT r _ THE I RV I N E COMPANY 714 544 -OtO NIA 92664 AIF May 10, 1968 City Council 3300 Newport Boulevard Newport Beach, California Attention: Mr. Harvey Hurlburt City Manager Gentlemen: On behalf of The Irvine Company, I am respectfully submitting a request for your reconsideration of a permanent entry marker in the median for the community of Newport Center. Attached are four sheets of drawings. The first displays a variety of designs for the median (in elevation). The other three drawings display the various alternative methods of signing this intersection (in plan). It is our hope that from studying these alternative techniques, you will agree with our conclusion that a median sign (with the symbol) placed in the center of Newport Center Drive is the simplest and most effective way to identify this intersection. The other two alternatives are: (1) to separate the symbol from the wording, and (2) to put the symbol and the words in the landscaped quadrants, completely eliminating the median sign. If you observe the square footages on each of the alternatives, you will find that our recommendation is 383 square feet smaller than signs in the landscaped area. In addition, there are many complications due to the slope and size of the landscaped quadrants. We do not feel we could easily erect signs in the landscaped areas as they,nox 5 --.,�9 -�$ E: ec-xs(e 7wn aw � � J - X' z Newport Beach City Council - 2 - May 10, 1968 We believe that a median sign is better than either of the alternatives for the following reasons: 1. One double -faced sign in the median can be smaller and yet have readability equal with those in the landscaped quadrants. 2. If we have to identify this intersection outside the median, reshaping the quadrants to fit a sign would be necessary. 3. The size and shape of the quadrants make a sign of any size look strange and out of place. 4. It is redundant to identify this intersection with two signs when it can effectively be identified with one. We have carefully restudied the signing at this location in hopes of a waiver on the decision not to allow an identification element in the public right of way at U.S. 101 and Newport Center Drive. We realize that this is a precedent- setting request, but we do not feel it is an undesirable precedent since Newport Center is, in fact, a public place which attracts people from the entire region. It, therefore, requires effective identity. Sincerely,�� A Donald Rypinski Graphics Design Supervisor Enclosures cc: Ernest Mayer Lloyd Johnson 00 W 0) 0 (L 0 ir iL z z w 2 LL 0 cn a. 0 OD Er CY D_ cli ka a it Ic LL r w —J OD < 4 M z (n cr 0 w 0. 0 CL LL 0 CY CL w CY if) Z Z w Fo TJ Flo. o. n- or CITY OF NEWPORT BEACH I � March 25, 1968 1 TO', City Council COUNUIL: FROM: Planning Commission a,5-6 By Planning D` rector DISPOSITION: SUBJECT: Use Permit ApplicationsNo.: 1305 and 1326 FILE: Newport Center Median Identification Signs i-c. Q Applicant: The Irvine Company Backqround The Planning Commission on September 7, 1967, via Use Permit No. 1305, approved the temporary installation (60 days) of two off -site signs in a traffic median located in Newport Center Drive, approximately 76 feet northerly of the intersection of Pacific Coast Highway. The first and smaller of the two signs (8' x 8' - 64 sq.ft.) contained the Newport Center logo symbol. The second and larger of the two signs (8' x 32' - 256 sq.ft..) contained the words "Newport Center." (See attached plot plan and elevation) On November 16, 1967, at the applicant's request, a sixty (60) day extension of time was granted. It should be noted that at the time of these two Planning Commission reviews the subject streets were not yet dedicated to the City, On January 18, 1968, the applicants requested permission under Use Permit Application No. 1326 to construct a permanent entrance identification sign in the same location as the previously approved temporary sign. The permanent sign proposal was identical in sign content but was reduced in total area approximately 14 sq.ft. The Commission was advised at the time of this consideration of the permanent sign request that the Newport Center streets were about to be dedicated and that once dedicated the City Council would probably be requested to consider the sign proposal via an encroachment permit procedure. The Commission, therefore, in taking its action did so on an advisory basis.: The Planning Commission, by a split 4 to 3 vote, denied the applica- tion.. w °s T0� City Council - 2. Those members of the Commission did so on the basis of the sign signs identifying areas of the rights -of -way - Example, Irvine voting in favor of the application being no erent than other community also located in public Terrace. Those members (the majority) voting for denial of the application did so because they believed it improper planning practice to permit the public rights -of -way to be used for what might be construed as advertising purposes. Respectfully submitted, ERNEST MAYER, R , Planning Director EM /kk Attachment TO FROM SUBJECT 1 March 25, 1968 /f -3 ro-) CITY COUNCIL Public Works Department PERMIT APPLICATION FOR PROPOSED SIGN TO BE LOCATED IN THE MEDIAN ISLAND OF NEWPORT CENTER DRIVE NORTHERLY OF COAST HIGHWAY RECOMMENDATION: That the application be denied. DISCUSSION: /)46, The Irvine Company has requested that a Council permit be granted in accordance with Section 15.16.090 of the Municipal Code for a permanent Newport Center identification sign to be located in the median island of Newport Center Drive approximately 100 feet northerly of Coast Highway. Copies of a sketch and of two letters from The Irvine Company regarding the matter are attached for reference. (Please note that the exist- ing sign at that location is temporary in nature and was installed under the Use Permit procedure prior to dedication of the right -of -way). On January 18, 1968 the Planning Commission, acting in an advisory capacity, reviewed this application. The majority of the Commission, on a split vote, recommended denial of the application on the basis that it did not represent a proper use of the public right -of -way. A memo from the Planning Director regarding the Commission action is also attached t':;: reference. The Public Works Department feels that public street rights -of -way should not be used for essentially private commercial signing purposes; and that approval of this application could establish a precedent having significant implications throughout the City. It also feels that the purpose of this application can be accomplished by means of signing located on private property. oseph Devlin ublic Us Department BBN /ldg Atts, , I ,04CAoc-IC COW57 I-11C?1,1ff14Y IOZ4N IIIIEW J\j Ef v 5) 2 rf view EA149 1116-W THE IRVINE March 6, 1968 �. 7R„IN CALIFORNIA C OMPANY 544 -012 O pY6Os Mr. Ben Nolan City Engineer City of Newport Beach 3300 West Newport Boulevard Newport Beach, California RE: NEWPORT CENTER - IDENTIFICATION PROPOSAL Dear Mr. Nolan: We have requested the City Council's approval for installation of an identification marker in the median of Newport Center Drive at Pacific Coast Highway. Reviewing your recommendation at a previous Planning Commission hearing, I would appreciate your consid- eration of the following items: 1. The marker is to identify a commercial and residential community. As such, it does not advertise a particular place of business. 2. Similar median markers have been used in this community for Irvine Terrace, Cameo Shores, and Irvine Cove. 3. Similarly other communities have used median identification. Two (2) examples are Century Plaza, and the Los Angeles International Airport. Should you have any questions concerning-our application, please let me know. Yours" ery truly, 1/�) David A. Kaylor/ Director, Site /Development k &0 t� DAK /jdc P C�p UL f. THE IRVINE "COMPANY March 5, 1968 Mr. Joe Devlin Director of Public Works City of Newport Beach 3300 West Newport Boulevard Newport Beach, California RE: NEWPORT CENTER IDENTIFICATION Dear Mr. Devlin: 187 IRVINE, CALIFORNIA 92664 714.644 -0120 Enclosed are two (2) copies of drawings containing elevations and site location for installation of proposed entry and identification marker in the Newport Center Drive median at Pacific Coast Highway. The Irvine Company desires to place this proposal before the City Council for their approval, and would appreciate your placing this on the agenda of March 11, 1968. DAK /jdc Enclosures Yours very truly, THE I WINE COMPANY David A. Kaylor , Director, Site D elopment DECEIVED MAR 071968 PUBLIC.utcn� CITY OF NEWPORT BEACH Mach 25, 1968 T0: City Council FROM: Planning Commission By P`.anning D' -ector SUBJECT: Use Permit Applications No. 1305 and 1326 Newport Center Median Identification Signs Applicant: The Irvine Company Background The Planning Commission on September 7, 1967, via Use Permit No. 1305, approved the temporary installation (60 days) of two off -site signs in a traffic median located in Newport Center Drive, approximately 76 feet northerly of the intersection of Pacific Coast Highway. The first and smaller of the two signs (8' x 8' - 64 sq.ft.) contained the Newport Center logo symbol. The second and larger of the two signs (8' x 32' - 256 sq.ft.) contained the words "Newport Center." (See attached plot plan and elevation) On November 16, 1967, at the applicant's request, a sixty (60) day extension of time was granted. It should be noted that at the time of these two Planning Commission reviews the subject streets were not yet dedicated to the City. On January 18, 1968, the applicants requested permission under Use Permit Application No, 1326 to construct a permanent entrance identif cation sign in the same location as the previously approved temporary sign. The permanent sign proposal was identical in sign content but was reduced in total area approximately 14 sq.ft. The Commission was advised at the time of this consideration of the permanent sign request that the Newport Center streets were about to be dedicated and that once dedicated the City Council would probably be requested to consider the sign proposal via an encroachment permit procedure. The Commission, therefore, in taking its action did so on an advisory basis. The Planning Commission, by a split 4 to 3 vote, denied the applica- tion. fll1 L1 T0: City Council - 2. Those members of the Commission did so on the basis of the sign sigrs identifying areas of the rights -of -way - Example, Irvine voting in favor of the application being no Ti ee rent than other community also located in public Terrace. Those members (the majority) voting for denial of the application d?d so because they believed it improper planning practice to permit the pub 'Jic rights -of -way to be used for what might be construed as advertising purposes. Respectfully submitted, ERNEST MAY ER, R., Planning Director EM /kk Attachment