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HomeMy WebLinkAboutZA2012-003 Corporate Plaza West Sign Modification13 *lei 11 tdue].1.[•1V'd_YzrSP411rZIN A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING MODIFICATION PERMIT NO. MD2011 -019 TO ALLOW THE CONSTRUCTION OF A FREESTANDING MONUMENT SIGN LOCATED AT 1600 NEWPORT CENTER DRIVE (PA2011 -210) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by the Irvine Company, Newport Center Drive, and legally described requesting approval of a modification permit. with respect to property located at 1600 s Parcel 3 of Parcel Map No. 94 -102, The applicant proposes a modification permit to allow the construction of a freestanding monument sign located along East Coast Highway. The sign is a maximum 3 feet 11 inches high by 8 feet wide, including the base, with a sign area of 16 square feet and identifies tenant names. The subject property is located within the PC -40 (Corporate Plaza West) Planned Community and the General Plan Land Use Element category is General Commercial Office (CO -G). The subject property is located within the coastal zone with a Coastal Land Use designation General Commercial Office (COG -B). 5. A public hearing was held on January 11, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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. The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15311 of the California Environmental Quality Act under Class 11 (Accessory Structures) of the Implementing Guidelines of the California Environmental Quality Act. 2. Class 11 includes construction or replacement of minor structures such as on- premise signs accessory to (appurtenant to) existing commercial facilities. The proposed monument sign is incidental and accessory to the principal use of the property and does not intensify or alter the use. Zoning Administrator Resolution No. ZA2012 -003 Page 2 of 7 SECTION 3. REQUIRED FINDINGS. Modification Permit In accordance with Section 20.52.050 E. (Required Findings, Modification Permits) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of the finding for a Modification Permit are set forth: Finding A. The requested modification will be compatible with existing development in the neighborhood. Fact in Support of Finding The proposed monument sign is compatible in size and design with other monument signs on the neighboring property and in the surrounding commercial area. Corporate Plaza West is located within the Newport Center and Fashion Island commercial development. The development covers a large geographic area and is generally characterized by wide landscape setbacks and strategically placed freestanding signs. The location of the proposed monument sign is within a landscape area between East Coast Highway and the 1600 Newport Center Drive building. The proposed monument sign does not constitute or contribute to a significant proliferation of signs which would be inconsistent with the neighborhood character. 4. The proposed monument sign does not include an address plate as consistent with the other freestanding identification signs located throughout Newport Center. 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 Findinq The building at 1600 Newport Center Drive is located at the corner of East Coast Highway and Irvine Terrace. The orientation of the 1200 and 1400 Newport Center Drive buildings, the parking lot layout, and the landscaping in Corporate Plaza West obstruct visibility of the 1600 building from Newport Center Drive. Because the 1600 building fronts onto East Coast Highway, the most visible and direct access to this address is from East Coast Highway, via Irvine Terrace and not from Newport Center Drive. East Coast Highway is a heavily traveled, high- speed, multi -lane highway and the addition of the tenant monument sign, east of the Irvine Terrace access point, will assist way- finding for motorists with a destination of the 1600 Newport Center Drive building. TmpIC 03/08111 Zoning Administrator Resolution No. ZA2012 -003 Page 3 of 7 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. Fact in Support of Finding 1. The granting of a modification is necessary in this case to allow deviations with regards to the monument sign for sign width and location as well as the sign copy to include tenant names. 2. The Corporate Plaza West Planned Community regulations permit only wall- mounted tenant signage and restrict the sign copy of freestanding signs to the project or building name and street address. The Zoning Code neither restricts tenant signage to wall signs nor prohibits tenant names on monument signs. In this case, the addition of tenant names will provide greater convenience to motorists offering adequate identification of key uses, which are otherwise obscured from view due to the building setback and the site landscaping. Additionally, tenant names on monument signs are common throughout the City of Newport Beach and throughout regional business and commerce centers. 3. The Corporate Plaza West Planned Community regulations do not specify limitations on the height, width, or sign area of monument signs. Zoning Code regulations limit the maximum height to 8 feet (6 feet average), the maximum width to 1.5 times the average height, and the maximum sign area to 75 square feet. The proposed monument sign is 3 feet, 11 inches high from the lowest grade and 2 feet, 4 inches from the highest grade by 8 feet wide with a sign area of 16 square feet. The characteristics of the sign allow it to be developed in scale with and complementary to its surroundings. 4. The Corporate Plaza West Planned Community regulations restrict the location of monument signs to major entry access drives from adjacent frontage streets, provided that they comply with the City of Newport Beach site distance requirement 110 -L. The sign will comply with the City's site distance requirements and be located along East Coast Highway. Though it will not be located directly at the major entry access, the monument sign will meet the same objectives and direct motorist traveling to the 1600 building to use the entrance at the East Coast Highway and Irvine Terrace intersection. 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. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012 -003 Page 4 of 7 Fact in Support of Finding 1. An alternative to the modification permit would require an amendment to the Corporate Plaza Planned Community Text. However, the proposed monument sign is consistent with the intent of the Planning Community and Zoning Code, which is to promote the commercial development of the site by improving way - finding to this location. 2. The proposed monument sign is a logical design solution to identify key tenants occupying the 1600 building from East Coast Highway. The sign will be in scale with the existing development and complement its surroundings. 3. The sign meets all setback and site distance requirements and will not be detrimental to the surrounding 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. Fact in Support of Finding 1. The monument sign will be constructed on private property and will neither change the density or intensity of the existing commercial use nor affect the flow of light or air to adjoining properties. 2. The monument sign will not interfere with sight distance from any street, alley, or driveway. 3. The sign is located with a large landscape area. The sign is not excessive in height, area, or length and its will not significantly diminish the open space character of the landscaped street setback. 4. The listing of tenant names on the monument sign promotes public convenience by making this information more visible to motorists driving northbound on East Coast Highway. Furthermore, the addition of tenant names to the monument sign will increase awareness of the center's businesses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2011 -019, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. Tmpit: 03108/11 Zoning Administrator Resolution No. ZA2012 -003 Page 5 of 7 2. Modification Permit applications do not become effective until 14 days following the date of action. Prior to the effective date, the applicant or any interested party may appeal the decision of the Zoning Administrator to the Planning Commission by submitting a written appeal application to the Community Development Director. For additional information on filing an appeal, contact the Planning Division at (949)644 -3200. APPROVED AND APOPTED THIS 11TH DAY OF JANUARY, 2012. A ing Administrator Tmpll: 03/08/11 Zoning Administrator Resolution No. ZA2012 -003 Page 6 of 7 WA:I 7"IM_W CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved plot plan, elevations, and sign details, except as noted in the following conditions. 2. The final location of the monument sign shall not result in the removal of any trees, be located at least 2 feet from the back of side walk, and conform to City Standard 110 -L to ensure that adequate sight distance is provided. 3. Unless otherwise allowed by the Corporate Plaza West Planned Community Text, the monument sign's dimensions shall not exceed an average height of 3 feet 6 inches by 8 feet wide; sign area shall be limited to a maximum 16 square feet (per face), individual letter heights shall not exceed eighteen inches; and sign content can list up to two tenants names. 4. The subject monument signs are permitted to include tenant signage that would otherwise be precluded by Corporate Plaza West Planned Community regulations. 5. To ensure readability of the monument size, the minimum letter size allowed shall be 6 inches. 6. The monument sign shall not encroach into the existing storm drain easement located on the property. 7. The proposed monument sign shall not be required to include address plate, unless otherwise required by the Fire Department or Planning Division. 8. Anything not specifically approved by this Modification Permit is prohibited and must be addressed in a separate and subsequent Modification Permit review. 9. This approval was based on the particulars of the individual case and does not, in and of itself or in combination with other approvals in the vicinity or Citywide, constitute a precedent for future approvals or decisions. 10. Prior to issuance of building permits, the applicant shall submit to the Planning Department 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. 11. A building permit shall be obtained prior to commencement of the construction. Tmpit: 03/08/11 Zoning Administrator Resolution No. ZA2012 -003 Page 7 of 7 12. A copy of this approved resolution shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits. 13. If any of the existing public improvements surrounding the site is damaged by private work, new concrete sidewalk, curb and gutter, street pavement, and other public improvements will be required by the City at the time of private construction completion. Said determination and the extent of the repair work shall be made at the discretion of the Public Works inspector. 14. All work performed within the public right -of -way shall be reviewed and approved by the Public Works Department under an encroachment permit/agreement, if required. 15. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060.A (Time limits) of the Newport Beach Municipal Code, unless an extension is approved prior to the expiration date of this approval, in accordance with Section 20.54.060.8 (Extensions of time) of the Newport Beach Municipal Code. 16. 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 Corporate Plaza West Monument Sign including, but not limited to, Modification Permit No. MD2011 -019 (PA2011 -210). 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. Tmplt: 03/08/11