HomeMy WebLinkAboutZA2024-009 - APPROVING COMPREHENSIVE SIGN PROGRAM AND MODIFICATION PERMIT FOR A SERVICE STATION LOCATED AT 2201 EAST COAST HIGHWAY (PA2023-0183) RESOLUTION NO. ZA2024-009
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE
SIGN PROGRAM AND MODIFICATION PERMIT FOR A
SERVICE STATION LOCATED AT 2201 EAST COAST
HIGHWAY (PA2023-0183)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Donco & Sons, Inc. (“Applicant”), with respect to property
located at 2201 East Coast Highway, and legally described as Lots 1, 2, and 3 of Tract
682 (“Property”), requesting approval of a comprehensive sign program and modification
permit.
2. The Applicant is requesting approval of a comprehensive sign program and
modification permit to authorize signage for a service station (Mobil). The applicant is
seeking the following deviations from Chapter 20.42 (Sign Standards) of the Zoning
Code:
Comprehensive Sign Program
a) The installation of two wall mounted signs on the primary frontage, where the
Zoning Code only allows one wall sign;
b) Allow for two wall mounted signs on the primary fronage that are not located within
the middle 50% of the building or tenant frontage;
c) Allow for signage on the service station canopy to include text, where the Zoning
Code only allows logo signs on service station canopies;
d) The installation of a double-faced pylon sign 3 feet from a street and 7 feet 3
inches from the edge of the driveway, where the Zoning Code requires a minimum
of 5 feet from a street and 10 feet from the edge of a driveway;
Modification Permit
e) Allow for a 20-foot high free standing double-faced pylon sign, where the Zoning
Code allows for a maximum 4-foot high ground sign at service stations; and
f) Allow for two 11.5 square foot canopy signs, where the Zoning Code only allows
logo signs with a maximum of 6 square feet.
Zoning Administrator Resolution No. ZA2024-009
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3.The Property is located within the Commercial Corridor (CC) Zoning District and the
General Plan Land Use Element category is Corridor Commercial (CC).
4.The Property is located within the coastal zone. The Coastal Land Use Plan category is
Corridor Commercial (CC-B) (0.0 – 0.75 FAR) and it is located within the Commercial
Corridor (CC) Coastal Zoning District.
5.The signs included in this comprehensive sign program are exempt from a coastal
development permit pursuant to the City’s certified Local Coastal Program, NBMC
Section 21.52.035(C)(2). The approval allows the placement of attached accessory
signage to the fascias of an existing service station and an additional one double-
faced pylon sign, and does not involve a risk of adverse environmental effect, affect
public access or views, or involve a change in use contrary to the Coastal Act.
6.A public hearing was held on February 15, 2024, online via Zoom. A notice of the time,
place, and purpose of the hearing was given by the Newport Beach Municipal Code
(NBMC). Evidence, both written and oral, was presented to and considered by, the
Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.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, Division 6, Chapter 3, because it has no potential to have
a significant effect on the environment.
2.Class 11 includes construction or replacement of minor structures such as on-premise
signs accessory to (or appurtenant to) existing commercial facilities. The proposed
signage is incidental and accessory to the principal commercial office use of the
property and will not intensify or alter the use.
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
Pursuant to Section 20.42.120 (Comprehensive Sign Program), the comprehensive sign
program allows for an increase in sign height by 20% above that allowed and an increase in
sign area by 30% above that allowed. The 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. In accordance with Section 20.42.120(E) (Comprehensive
Zoning Administrator Resolution No. ZA2024-009
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Sign Program - Standards) of the Newport Beach Municipal Code, 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:
1.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
Chapter 20.42.
2.The Project complies with the purpose and intent of Newport Beach Municipal Code
Chapter 20.42 (Sign Standards) because it provides the service station with adequate
identification while guarding against an excessive sign proliferation. Wall signs will be
limited to internally illuminated channel letters proportional to the building façade in the
general location depicted on the project plans.
3.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 communicate a commercial message without creating sign
clutter through the use of legible text that contrasts with the background. The width of
the primary façade is 65 feet. As proposed, the placement and size of the signs do not
dominate, but rather are consistent with the proportions of the façade on which they
are located.
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:
1.The number and location of signs will not contribute to an overabundance of signage that
will have a detrimental effect on the neighborhood. There are existing service stations
along Coast Highway in Corona Del Mar with similar sized freestanding signs and wall
mounted signs. The addition of the double-faced pylon sign identifying the service
station along East Coast Highway and Avocado Avenue is necessary given the
existing layout of the property. It will provide motorists with the proper identification
Zoning Administrator Resolution No. ZA2024-009
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from both East Coast Highway and Avocado Avenue. The wall signs and double-faced
pylon sign will promote identification of the Service Station without overconcentrating
the Property with signage.
2.All proposed signage will be in harmony with the character and architectural style of the
building. The wall signs, which are designed with a white color, will contrast the color of
the building. The placement and size of the wall signs are complementary to the
building’s large fascia and will comply with the limitations.
3.The wall sign on the primary frontage façade of the Property (identified as Sign Type D
in Exhibit “B”) is limited to 2 feet in height and 8.5 feet in area. The building wall sign
identified as sign E, which is also located on the primary frontage is limited to a height
of 1-foot and area of 9.5 square feet. These standards are permitted by the Zoning
Code.
Standard:
C.The sign program shall address all signs, including permanent, temporary, and exempt
signs.
Facts in Support of Standard:
1.The comprehensive sign program includes all project signage. Temporary and exempt
signs not specifically addressed in the program shall be regulated by the provisions of
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:
1.The comprehensive sign program has been developed to be effective for the service
station use and allows flexibility for future changes in tenant. The types of signs that
are being proposed include building mounted signs, double-faced pylon sign, and a
canopy sign for increased visibility which is typical for service stations.
2.It is not anticipated that future revisions to the comprehensive sign program will be
necessary to accommodate changes in tenants or uses. However, the Community
Development Director may approve minor revisions to the comprehensive sign
program if the intent of the original approval is not affected (NBMC section
20.42.120.F (Comprehensive Sign Program – Revisions to Comprehensive Sign
Programs).
Zoning Administrator Resolution No. ZA2024-009
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Standard:
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:
1.The comprehensive sign program allows for deviations with regards to the type,
number, and location of wall signs. The approval conforms to the intent of Chapter
20.42, and enhances the overall development by integrating the project’s signage to
be appropriately located and scaled to the building’s fascia and building frontage.
2.The 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 (Modification Permits) to allow the increased height and area for the
double-faced pylon sign and increased area for the canopy sign area.
3.The deviation from the standard that signs shall be located within the middle 50% of
the building or tenant frontage is appropriate due to the proposed number of signs on
a building frontage. The standard requirement would force the signs too close in
proximity to each other, creating cluttered signage that would be detrimental to the
overall development.
4.The double-faced pylon sign is set back 7 feet 3 inches from the edge of the driveway,
where a minimum 10-foot setback from the driveway is required by the NBMC.
Additionally, the double-faced pylon sign is setback 3 feet from the front property line,
where a minimum 5-foot setback from the street is required by the NBMC. Relocating
the sign farther away from the driveway to the northwest is not feasible due to
proximity of the existing landscape planter area to the property line. The double-faced
pylon sign is located on the northern corner of the Property where 2 existing drive
aisles are in close proximity to the proposed double-faced pylon sign location.
Relocating the double-faced pylon sign further away from each driveway in either
direction would result in a double-faced pylon sign location that is closer than the
allowed 5-foot setback from the property line pursuant to Chapter 20.42 of the NBMC.
Relocating it closer to the driveway would result in a double-faced pylon sign location
that would be closer than the required 10-foot setback to driveways and may limit
maneuverability for the drive aisles. The proposed location is appropriate given the
constraints experienced by the existing drive aisles.
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:
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1.The comprehensive sign program does not authorize the use of prohibited signs.
Standard:
G.Review and approval of a comprehensive sign program shall not consider the signs’
proposed message content.
Facts in Support of Standard:
1.The content of the proposed signage was not considered and the 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% and sign area greater than 30% 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:
H.The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1.The Property is located in the CC Zoning District, which is intended to provide for areas
appropriate for a range of neighborhood service retail and service uses along street
frontages that are located and designed to foster pedestrian activity. The comprehensive
sign program is intended to provide identification to a service station which is an allowed
use in the CC zoning district.
2.The increase in height and sign area for the double-faced pylon sign and sign area for
canopy sign is compatible with the existing development in the neighborhood. There are
other existing service stations located along East Coast Highway, such as Chevron
service station located at 2546 East Coast Highway and 76 service station located at
3400 East Coast Highway. These stations employ the use of similar signage on the
station canopy and retail component for identification purposes.
Finding:
I.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.
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Facts in Support of Finding:
1.The Property is located near the entrance of Corona Del Mar, which is a high traffic
area for both residents and visitors entering and exiting the neighborhood. The
maximum 4-foot ground sign that is permitted by the NBMC would not provide for
adequate identification, given the traffic flow along East Coast Highway. The proposed
larger sign would increase the visibility and identification of the service station.
2.The proposed double-faced pylon sign with increased height and sign area provides
identification of the service station along Coast Highway and Avocado Avenue and is
necessary given the existing layout of the Property. The sign will provide motorists with
the proper identification from both streets. In addition, the double-faced pylon sign
which provides an opening of approximately 6 feet in height from the base of the sign
will provide clear visibility of pedestrians from motorists looking to make a right turn
onto East Coast Highway. The double-faced pylon sign will promote identification of
the service station without overconcentrating the Property with signage.
3.The proposed canopy sign with increased sign area provides identification of the
service station along Coast Highway and Avocado Avenue and is necessary due to
the existing layout of the property. The sign is intended to provide legible signage to
motorist from both streets. In addition, the proposed increase in the canopy sign area
will be appropriately scaled to the service station canopy given the width of and size of
the service station canopy.
Finding:
J.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 proposed increase in the maximum height and sign area for the double-faced
pylon sign 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 East
Coast Highway and to identify the dealership location.
2.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 letter/logo height is to ensure that signage does not
overwhelm a building façade and create clutter. The proposed increase in the canopy
sign area will be appropriately scaled to the service station canopy given the width of
and size of the service station canopy.
Zoning Administrator Resolution No. ZA2024-009
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Finding:
K.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 requested increase in height and area is in scale and similarly placed as other
double-faced pylon 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 physical characteristic of the property, the increased height and area for the
double-faced pylon sign and increased area for canopy signs are necessary to provide
identification for the property. The strict application of the Zoning Code would result in
smaller signage that is out of scale with the service station and would provide
inadequate signage that would not be easily visible to motorists on East Coast
Highway.
Finding:
L.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 height and area of the double-faced
pylon sign and increased area of the canopy signs but will not result in a change in
intensity or density of the service station. The double-faced pylon signs are typically
permitted to a height of 20 feet in the Commercial Corridor zoning district, however,
the specific standards for service stations allows for a maximum of 4-feet, which would
be inadequate for this specific location. The increased height of the double-faced pylon
sign from the allowed 4 feet height limit for ground signs for service stations will allow
for greater visibility in a heavy traffic area.
2.The size of the signs 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.
3.Compliance with the Newport Beach Municipal Code and the attached conditions of
approval is required and will further ensure that the proposed use will not be
detrimental.
Zoning Administrator Resolution No. ZA2024-009
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this Project exempt
from the California Environmental Quality Act pursuant to Section 15311 under Class 11
(Accessory Structures) of the CEQA Guidelines, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment. The exceptions
identified in Section 15300.2 do not apply.
2.The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive
Sign Program and Modification Permit PA2023-0183, subject to the conditions set forth in
Exhibit A and parameters denoted in Exhibit B, which is attached hereto and
incorporated by reference.
3.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 15TH DAY OF FEBURARY, 2024.
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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 Exhibit “B” of this Resolution.
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
Comprehensive Sign Program and 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 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.
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
Zoning Administrator Resolution No. ZA2024-009
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or indirectly) to City’s approval of the Mobil Service Station Signs including, but not
limited to, a comprehensive sign program and modification permit (PA2023-0183). 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.
Exhibit “B”
NOTES/REQUIREMENTS
a) Requirements for all signs per Municipal Code Chapter 20.42, except as provided in this sign
matrix
b) Sign area is the area measured by two perpendicular sets of parallel lines that surround the
proposed logo and sign copy. All signs shall substantially conform to the approved attached
sign matrix.
c) Pursuant to Section 20.42.120.F of the Zoning Code, the Community Development Director
may approve minor revisions to this approval if the intent of the original approval is not
affected.
d) All sign locations shall be in substantial conformance with approved plans (Attachment No. ZA
4 of PA2023-0183).
2201 E. Coast Highway
SIGN PROGRAM MATRIX
Freestanding Double-Faced Pylon Sign
Sign Type A:
Maximum number: One
Maximum Vertical Dimension: 20 feet
Maximum Area: 72 square feet
Canopy Signs
Sign Type B:
Maximum number: Two Maximum Vertical Dimension: 24 inches
Area: 12 square feet
Additional Standard: Text allowed
Wall Signs
Sign Type D:
Maximum number: One
Maximum Vertical Dimension: 24 inches
Area: 8.5 square feet
Sign Type E:
Maximum number: One
Maximum Vertical Dimension, Letter or Logo: 12 inches
Area: 9.5 square feet