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HomeMy WebLinkAbout03_Balboa Pharmacy Sign Replacement Modification Permit_PA2017-104 COMMUNITY DEVELOPMENT DEPARTMENT U N6PLANNING DIVISION e� 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 cq<<FOR�vP 949-644-3200 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT June 29, 2017 Agenda Item No. 3 SUBJECT: Balboa Pharmacy Sign Replacement (PA2017-104) SITE LOCATION: 716 East Balboa Boulevard • Modification Permit No. MD2017-004 APPLICANT: Mike B. Martin OWNER: Bernardino D'Aquila PLANNER: Benjamin M. Zdeba, AICP, Associate Planner 949-644-3253, bzdeba@newportbeachca.gov PROPERTY LAND USE • Coastal Land Use Category: Mixed Uses Vertical (MU-V) • Coastal Zoning District: Mixed-Use Vertical (MU-V) • Zone: Mixed-Use Vertical (MU-V) • General Plan: Mixed-Use Vertical (MU-V) PROJECT SUMMARY A modification permit to allow deviations from the maximum area and projection distance over the public sidewalk allowed for a projecting sign, and to permit a sign above the roof parapet. The proposed sign would replace the nonconforming projecting sign for the Balboa Pharmacy, which was involuntarily damaged earlier this year. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit No. MD2017-004 (Attachment No. ZA 1). 1 Balboa Pharmacy Sign Replacement Zoning Administrator, June 29, 2017 Page 2 DISCUSSION • The project site is located within Balboa Village at the corner of East Balboa Boulevard and Main Street. One- and two-story nonresidential buildings that have a wide variety of sign types surround the project site. The historic Balboa Pavilion is visible from the corner to the north. • The entire project site is developed with a one-story, multi-tenant commercial building that is approximately 5,500 square feet in area. The proposed project will allow replacement of a previously existing nonconforming sign for the corner tenant space, which has been occupied by the Balboa Pharmacy as a longstanding tenant. • Although there are no building permits for the previously existing sign, historic photographic records indicate there has been a sign in place since the early 1900s. In early 2017, the nonconforming sign was damaged by inclement weather. The sign had been identified within the Balboa Village Design Guidelines as a corner projecting sign that adds character to the Village. • Zoning Code Chapter 20.42 (Sign Standards) was adopted in 2005, and put regulations in place to help maintain and enhance the visual character of the community. The following table summarizes the Code requirements for projecting signs and the requested deviations. Sign Standard Requirement Proposed sign Maximum sign area 20 square feet 68 square feet Maximum projection Up to 5 feet 8 feet over public sidewalk Minimum distance 12 feet No lower than previous above public sign sidewalk Location Shall not extend above eave May extend above eave or parapet or parapet no more than previous sign • The previously existing sign was nonconforming and subject to Section 20.42.140 (Nonconforming Signs). Removal is required if the sign is more than 50 percent destroyed; therefore, the applicant is not permitted to replace it administratively. • The proposed Modification Permit will allow the replacement of a previously existing nonconforming sign while upholding and promoting the spirit and intent of the Zoning Code Sign Standards. Furthermore, approval will allow a new sign in accordance with the guidance presented in the Balboa Village Design Guidelines, which would help to maintain the same character and remain compatible with Tmp1r.01/17217 Balboa Pharmacy Sign Replacement Zoning Administrator, June 29, 2017 Page 3 surrounding signage. The proposed sign will be more conforming to the current Zoning Code standards for signage as it is smaller in sign area. The project site is located within the Coastal Zone; however, the scope of work is exempt from the coastal development permit requirements pursuant to Newport Beach Municipal Code Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements). The project involves the replacement of a nonconforming sign that was involuntarily destroyed. The sign is accessory to the existing commercial use onsite and does not result in any change in use and the nonconformity did not relate to or affect coastal resources or coastal access. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311 under Class 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 allows for the construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to signs. The proposed project is the replacement of a projecting sign, which is accessory to the existing multi-tenant commercial building on the property. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: 14 J J� ai i . Zdeba, AICP Associat lanner JWC/bmz TmpIC 01/17/17 Balboa Pharmacy Sign Replacement Zoning Administrator, June 29, 2017 Page 4 Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant's Project Description and Justification ZA 4 Project Plans TmpIC 01/17/17 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2017-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2017-004 TO ALLOW DEVIATIONS FOR A NEW PROJECTING SIGN LOCATED AT 716 EAST BALBOA BOULEVARD (PA2017-104) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mike B. Martin, with respect to property located at 716 East Balboa Boulevard, and legally described as Lot Nos. 13 and 14, Block 9 of the Balboa Tract, requesting approval of a modification permit. 2. The applicant proposes to deviate from the maximum area and projection distance over the public sidewalk allowed for a projecting sign, and to,permit a sign above the roof parapet. The proposed sign would replace the nonconforming projecting sign for the Balboa Pharmacy, which was involuntarily damaged earlier this year due to inclement weather. 3. The subject property is designated Mixed-Use Vertical (MU-V) by the General Plan Land Use Element and is located within the Mixed-Use Vertical (MU-V) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Uses Vertical (MU-V)and it is located within the Mixed-Use Vertical (MU- V) Coastal Zoning District. The proposed project is exempt from the coastal development permit requirements pursuant to Newport Beach Municipal Code (NBMC) Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements). The project involves the replacement of a nonconforming sign that was involuntarily destroyed. The sign is accessory to the existing commercial use onsite and does not result in any change in use and the nonconformity did not relate to or affect coastal resources or coastal access. 5. A public hearing was held on June 29, 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 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. 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. Zoning Administrator Resolution No. ZA2017-### Page 2 of 6 2. Class 11 allows for the construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to signs. The proposed project is the replacement of a projecting sign, which is accessory to the existing multi-tenant commercial building on the property. SECTION 3. FINDINGS. In accordance with Section 20.52.050(E) (Modification Permits — Required Findings) of the NEMC, 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: 1. The project site is located within Balboa Village at the corner of East Balboa Boulevard and Main Street. One- and two-story nonresidential buildings that have a wide variety of sign types surround the project site. The historic Balboa Pavilion is visible from the corner to the north. 2. The Balboa Village Design Guidelines were updated in 2014, which include suggestions for sign character. The proposed project would allow replacement of a previously existing nonconforming projecting sign, which was labeled as a corner projecting sign that adds character to Balboa Village. 3. The proposed replica sign would maintain the same character and remain compatible with surrounding signage, but will be more conforming to the current Zoning Code standards for signage. The proposed sign is smaller and will have a lessened projection over the public sidewalk. 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 proposed replacement sign is necessary to maintain and promote the historic character of the project site and will continue to identify the traditional use of the tenant space as a pharmacy/drug store. 2. As the building is constructed from property line to property line, not allowing a larger projecting sign as proposed would detract from its visual interest. 06-09-17 Zoning Administrator Resolution No. ZA2017-### Page 3 of 6 Finding: C. The granting of the modification is necessary due to the 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 NBMC Chapter 20.42 (Sign Standards) includes protection and enhancement of the City's unique character and aesthetic standards, promoting tourism through enhanced aesthetic appeal, and preservation and enhancement of the community's appearance. Additionally, sign standards provide each user an opportunity for adequate identification while guarding against excessive signs. Strict application of the Zoning Code would prohibit the replacement of a character- defining feature at a prominent corner building within Balboa Village. While conforming signs are possible through strict application of the sign standards, said application would not allow adequate identification of the pharmacy as they would not provide similar iconic and historic qualities as the proposed replacement. 2. The Balboa Village Design Guidelines recognize that the historic elements, including signage, are what help create a sense of identity of the Village. Not allowing sign replacement such as the proposed may result in a loss in character, which is not in accordance with the spirit and intent of the Zoning Code Sign Standards. Finding: 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; and Facts in Support of Finding: 1. A smaller sign that complies with the Zoning Code would not capture the whimsical and traditional architectural character of the Balboa Village. Limiting the replacement of the existing nonconforming projecting sign, which was involuntarily damaged, to a sign with a maximum area of 20 square feet would result in a sign that is substantially smaller. 2. See Facts in Support of Finding C1 and C2. 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 the Zoning Code. 06-09-17 g Zoning Administrator Resolution No. ZA2017-### Page 4 of 6 Facts in Support of Finding: 1. The previously existing nonconforming sign was in place since the early 1900s and had not proven detrimental. 2. The size of the sign 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. Project approval will not result in a change in intensity or density of the existing restaurants, marine serving, and office uses. 4. The new sign will be designed and fabricated of new, rust-resistant materials and affixed to fagade of the building in accordance with the Building Code. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2017-004 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 29TH DAY OF JUNE, 2017. Patrick J. Alford, Zoning Administrator 06-09-17 9 Zoning Administrator Resolution No. ZA2017-### Page 5 of 6 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The sign must be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the Newport Beach Municipal Code. 4. A building permit shall be obtained prior to commencement of the construction and/or installation of the sign. 5. The sign shall not extend higher above the parapet/roofline than the previous sign. 6. The mounting brackets attached to the fagade and leftover from the previous sign shall be removed. The fagade shall be repaired to match existing treatment. 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. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Modification Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 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. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 11. 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 06-09-17 10 Zoning Administrator Resolution No. ZA2017-### Page 6 of 6 compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 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 Balboa Pharmacy Sign Replacement including, but not limited to, Modification Permit No. MD2017-004 (PA2017-104). 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. os-os-n 11 Attachment No. ZA 2 Vicinity Map 12 10., f t' 05 O (Zi / `y t0,9 `If 710 . r Balboa w -14 Pharmacy y� a It 6 iP F ?02 F� O A �l ' I ✓� A O 807 Newport Beach Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided,however,The City of GIS Newport Beach and its employees and agents disclaim any and all responsibility from or relating to �� 'rogr any results obtained in its use. ° m 0 40 80 _ Imagery: 2009-2013 photos provided by Eagle Feet Imaging www.eagieaerial.com 6/1.5/2017 13 Attachment No. ZA 3 Applicant's Project Description and Justification 14 PA2017-104 Balboa Pharmacy Request to modify permit requirements to allow the following deviations: 1. Area-Max allowed 20sf. Proposed 68ft 2. Location- Project allowed 47ft- Proposed is 8ft 3. Location-Sign location above eave or parapet. Proposed to be vertical sign is a stand out. Replace Sign Replicate of existing historic sign that is in the Balboa Village Design Guidelines as a corner project sign that adds character to Balboa Village. It is necessary to retain historical character of site and traditional of the building as a Drug store. Due to difficulties and strict application of code is inconsistent with intent of code.The code would restrict the replacement of the character defining feature of the historic Balboa Village. The purpose of sign code includes protection and enhancement of City's unique character, promote tourism through enhanced, preserve and enhance community's appearance. Would not like to loss character defining of Village. If we make it smaller it will loss the traditional architectural character of the village. This historical sign was place single early lgoo's and has not proved detrimental. The new sign will be designed and review to ensure safe and stability. Thank you for your time. Balboa Pharmacy 15 z, , � � ,� . i - , . ::� � J. _ � � � � r 4 _ _._ __.. . _. _ � �. � R .. �- �� e .�f n . 1 n T ► Attachment No. ZA 4 Project Plans 12 PA2017-104 1 ". 40h 120" 84" _ s 84 � - O.Spnity Vie_ Front • PROIECT: • • • • DESCRIPTION Lion SIGNS Balboa Pharmacy 623 Williamson UnitC PROJECT: Fabricate a sign in.80 Aluminum,with an metal frame structure.To match as close as possible to d •�Fullerton,CA 90623 716 E Balboa Blvd Tenant Signature Date previous sign.To be illuminated with Neon tubes in white,green and yellow;also yellow LED bulbs. L<Tel.:714.713-1373 Sign colors and layout to be approved by customer. Newport Beach,CA 92661 LandLord Signature Date 68 Sq 1't• Note:No animation 19 PA2017-104 94" Alum..80 White Alum..80 Painted Red Letters 43" - - 1 – Yellow LED i bulbs Neon Tubing • Red L— Neon Tubing Yellow Neon Tubing 59" Green 36" Yellow LED Alum..80 Alum. .80 light bulbs Painted Red Painted White 68 Sq ft. PROJECT: . . DESCRIPTION Lion SIGNS Balboa Pharmacy Fabricate a sign in .80 Aluminum, with an metal frame structure . 623 Williamson Unit C PROJECT: To match as close as possible to previous sign.To be illuminated Fullerton,CA 90623 716 E Balboa Blvd with Neon tubes in white, green and yellow; also yellow LED bulbs. 0Tenant Signature Date Sign colors and layout to be approved b customer. Tel.: 714.713-1373 g y pp y Newport Beach, CA 92661 Landlord Signature Date �� PA2017-104 PLOT PLAN t ryn t a PROJECT: IIONSIGNS Balboa Pharmacy 623 Williamson#C PROJECT: W• yoli,Fullerton,Ca 92832 716 E Balboa Blvd 7Lsg,7,. 7 7 Tel.:774.713-1373 Newport Beach,CA 92661 21 Zoning Administrator-June 29,2017 ITEM NO.3a-ADDITIONAL MATERIALS RECEIVED Balboa Pharmacy Sign Replacement Modification Permit(PA2017-104) 2. Class 11 allows for the construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to signs. The proposed project is the replacement of a projecting sign, which is accessory to the existing multi-tenant commercial building on the property. SECTION 3. FINDINGS. In accordance with Section 20.52.050(E) (Modification Permits — Required Findings) of the NEMC, 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: 1. The project site is located within Balboa Village at the corner of East Balboa Boulevard and Main Street. One- and two-story nonresidential buildings that have a wide variety of sign types surround the project site. The historic Balboa Pavilion is visible from the corner to the north. 2. The Balboa Village Design Guidelines were updated in 2014, which include suggestions for sign character. The proposed project would allow replacement of a previously existing nonconforming projecting sign, which was labeled as a corner projecting sign that adds character to Balboa Village. 3. The proposed replica sign would maintain the same character and remain compatible with surrounding signage, but will be more conforming to the current standards for signage as it will be in good repair with improved energy efficiency. The a ed SigIR is smaller aed-1 .VIII have a lessened a ee4iee ever the pubI e cis 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 proposed replacement sign is necessary to maintain and promote the historic character of the project site and will continue to identify the traditional use of the tenant space as a pharmacy/drug store. 2. As the building is constructed from property line to property line, not allowing a larger projecting sign as proposed would detract from its visual interest. Zoning Administrator-June 29,2017 ITEM NO.3a-ADDITIONAL MATERIALS RECEIVED Balboa Pharmacy Sign Replacement Modification Permit(PA2017-104) 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The sign must be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the Newport Beach Municipal Code. 4. A building permit shall be obtained prior to commencement of the construction and/or installation of the sign. 5. The sign shall not extend higher above the parapet/roofline than the previous sign. 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. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Modification Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 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. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 11. 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 Zoning Administrator - June 29, 2017 ITEM NO. 3b - ADDITIONAL 94" MATERIALS RECEIVED Balboa Pharmacy Sign Replacement Alum..80 Modification Permit (PA2017-104) White Alum..80 Painted Red Letters 43" - - ' – Yellow LED light bulbs Neon Tubing Red L— Neon Tubing Yellow Neon Tubing 59" Green 36" Yellow LED Alum..80 Alum. .80 light bulbs Painted Red Painted White 68 Sq ft. PROJECT: . . DESCRIPTION Lion SIGNS Balboa Pharmacy Fabricate a sign in .80 Aluminum, with an metal frame structure . 623 Williamson Unit C PROJECT: To match as close as possible to previous sign.To be illuminated Fullerton,CA 90623 716 E Balboa Blvd with Neon tubes in white, green and yellow; also yellow LED bulbs. +J Tenant Signature Date Sign colors and layout to be approved b customer. Tel.: 714.713-1373 g y pp y Newport Beach, CA 92661 Landlord Signature Date