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*�
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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
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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
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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
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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
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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