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HomeMy WebLinkAboutZA2017-012 - COMPREHENSIVE SIGN PROGRAM (FLETCHER JONES MOTORCARS) - 3300 Jamboree Rd RESOLUTION NO. ZA2017-012 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2016-011 AND MODIFICATION PERMIT NO. MD2017-001 FOR AN ADDITIONAL WALL SIGN LOCATED AT FLETCHER JONES MOTORCARS, 3300 JAMBOREE ROAD (PA2016-139) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Robert May of P.S. Services, Inc. on behalf of Fletcher Jones Motorcars, Inc., with respect to property located at 3300 Jamboree Road, and legally described as Irvine Subdivision Block 51, Portion of Lot 146, requesting approval of a comprehensive sign program and modification permit. 2. The applicant proposes to install one additional wall sign on the curved portion of the dealership building facing Jamboree Road and to allow it to exceed the maximum sign area allowable. 3. The subject property is designated General Commercial (CG) by the General Plan Land Use Element and is located within the San Diego Creek North Planned Community (PC- 42) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial — (0.0 — 0.75 FAR) (CG-B). 5. A public hearing was held on February 16, 2017, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. 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, 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 (appurtenant to) existing commercial facilities. The proposed sign is incidental and accessory to the principal commercial use of the property and will not intensify or alter the use. Zoning Administrator Resolution No. ZA2017-012 Page 2 of 8 SECTION 3. REQUIRED FINDINGS. Comprehensive Sign Program Pursuant to Section 20.42.120 (Comprehensive Sign Program) of the Zoning Code, approval of a Comprehensive Sign Program is required whenever three or more nonexempt signs are proposed for a single-tenant development and whenever signs are proposed to be located on or above the second story on a multi-story building. In accordance with Section 20.42.120(E) (Comprehensive Sign Program — Standards), 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: Sign Standards), any adopted sign design guidelines and the overall purpose and intent of this Section (Section 20.42.120: Comprehensive Sign Program). Facts in Support of Standard: 1. In compliance with the purpose and intent of the Sign Standards, the existing Comprehensive Sign Program provides the site and the use with adequate identification and way-finding without excessive proliferation of signage. Furthermore, it preserves community appearance by regulating the type, number, size, and design of signage in comprehensive and coordinated fashion. The proposed amendment to add one wall sign will not compromise the purpose and intent. 2. The signs on the development are beneficial and can be viewed from a greater distance due to their location and placement on each building frontage. The location of the larger wall signs along the primary building frontage will improve visibility from Jamboree Road. 3. The proposed additional wall sign is necessary to adequately identify the "AMG" branding for the dealership. 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. tandard:1. The signs have been designed to be integral with the design, scale, and architectural character of the buildings and other site improvements and will enhance the overall development of the site. They provide adequate identification of the site and will not constitute a proliferation of signage and advertisement. 01-03-17 Zoning Administrator Resolution No. ZA2017-012 Page 3 of 8 2. The proposed additional sign will primarily be black in color. All other signs on the site are being refaced with black backgrounds to ensure a unified sign design theme. 3. The proposed additional wall will be in line with the existing identification sign on the primary frontage and will also be centered between two columns on the curved showroom building such that it will be harmonious with the overall design. 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 Chapter 20.42 (Sign Standards). 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 Sign Program is designed to be effective for any future use of the project site. 2. It is not anticipated that future revisions will be necessary to accommodate constant changes in use. However, flexibility has been incorporated into the Sign Program Matrix to allow minor deviations from the proposed signs. 3. Consistent with Chapter 20.42 (Sign Standards), the Community Development Director [or his/her designee] may approve minor revisions to the Sign Program if the intent of the original approval is not affected. 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. tandard:1. The existing Sign Program incorporates signage previously allowed under Modification Permit No. MD4571 and Modification Permit No. MD2011-001, and allows deviations in 01-03-17 Zoning Administrator Resolution No. ZA2017-012 Page 4 of 8 the size, number and location. The proposed amendment is for an additional wall sign to be located on the curved showroom building (primary frontage). 2. The additional wall sign will be designed and located in line with the existing wall signage and will further be centered between two columns such that it will be complimentary to the building's architecture. 3. Amending the Sign Program to include the additional sign will ensure signage for the site is unified and adequately identifies all components of the dealership. Standard: F. The Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter. Fact in Support of Standard: The program does not authorize the use of any prohibited sign types. Standard: G. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. Fact in Support of Standard: The program contains no regulations affecting sign message or content. Modification Permit In accordance with Section 20.52.050(E) (Modification Permits — Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth- Finding- A. orth:Findin :A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: 1. The project site is located in its own planned community district and is abutting the State Route (SR) 73 Freeway to the east and open space to the south, and is adjacent to Area 3 of the Administrative and Professional Office land use of the Bayview Planned Community. 01-03-17 Zoning Administrator Resolution No. ZA2017-012 Page 5 of 8 2. The proposed wall sign (Type R1) will be adequately separated from the existing wall sign (Type E2) on the curved showroom building facade and will not appear out of scale due to the overall length of the facade. 3. The subject site is not within close proximity to any residential district; however, the illumination will be conditioned to prevent spillage onto any adjoining properties. 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. Fact in Support of Finding: The existing building has multiple fagades visible from two major cross streets (Jamboree Road and Bayview Way) as well as the SR 73 freeway. It is set back approximately 200 feet. The proposed wall signage will not appear out of scale with the existing building and its increased size is necessary to provide adequate visibility from Jamboree Road, which has a higher speed limit and four lanes in both directions. 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. inding:1. The purpose of Chapter 20.42 (Sign Standards) includes encouragement of signs that are complementary to the buildings and uses to which they relate and that are harmonious with their surroundings. 2. The size of the site is 9.63 acres and is developed with a 170,065-square-foot building. Strict application of the Zoning Code would preclude the property owner from having signage that is unified in scale with other signage on the existing building. Finding- D. indin :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 Finding- 1. inding:1. The originally approved sign program limits the size and amount of signage for the site. The Modification Permit is necessary to amend the original sign program approval whilst allowing an additional wall sign that is larger in size. 01-03-17 Zoning Administrator Resolution No. ZA2017-012 Page 6 of 8 2. The proposed increase in sign area is necessary due to the scale of the building and size of the site and will not be detrimental to any surrounding owners and occupants, the neighborhood, or to the general public. Finding: E. The granting of the modification would not be detrimental to public health, safety, or welfare to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding: 1. The site is surrounded and buffered by Jamboree Road, Bayview Way, and the SR 73 freeway. The proposed changes to the existing sign program are negligible as the proposed signage modifies an existing approval to allow an additional wall sign with increased sign area to allow better visibility for vehicular traffic. 2. This approval will allow a larger wall sign and will not change the intensity of the use. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive Sign Program No. CS2016-011 and Modification Permit No. MD2017-001, 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 16TH DAY OF FEBRUARY, 2017. Patrick J. Alford, Zoning Administrator 01-03-17 Zoning Administrator Resolution No. ZA2017-012 Page 7 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. 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. Comprehensive Sign Program No. CS2016-011 and Modification Permit No. MD2017-001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. Locations of the signs are limited to the designated areas and shall comply with the limitations specified in the Sign Program Matrix included in Attachment No. ZA 4. 6. All signs must be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the Newport Beach Municipal Code. 7. A building permit shall be obtained prior to commencement of the construction and/or installation of the signs. 8. The signs visual character and mounting heights shall comply with the California Building Code. 9. Prior to issuance of a building permit for the additional wall sign, the applicant shall retrofit all existing wall signage with dimming capability. 10. The additional wall sign shall be designed and installed such that it can also be dimmed. 11. Each illuminated sign shall be subject to a thirty (30) day review period, during which time the Director may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Director may order the dimming of any illumination found to be excessively bright. The Director's determination will be made without regard to the message content of the sign 01-03-17 Zoning Administrator Resolution No. ZA2017-012 Page 8 of 8 12. 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 approval of the Fletcher Jones Sign Program Amendment including, but not limited to, Comprehensive Sign Program No. CS2016- 011 and Modification Permit No. MD2017-001 (PA2016-139). 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. 01-03-17