Loading...
HomeMy WebLinkAboutZA2013-010 Approved Island Cinemas Monument Sign ModRESOLUTION NO. ZA2013 -010 A RESOLUTION OF THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MD2012 -019 FOR A SECOND THEATER MONUMENT SIGN LOCATED NEAR 101 NEWPORT CENTER DRIVE IN THE FASHION ISLAND SHOPPING CENTER (PA2012 -175) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Irvine Company, with respect to the existing Island Cinemas located at 999 Newport Center Drive within the Fashion Island shopping center. Specifically, the application requests approval of a second theater monument sign located near 101 Newport Center Drive, on a parcel legally described as Parcel 1 of Lot Line Adjustment No. 2012 -005. The proposed sign would be located along the perimeter of Fashion Island adjacent to Newport Center Drive, between San Miguel Drive and Anacapa Drive. 2. The applicant proposes to construct a second double- faced, monument sign in support of the existing movie theater located within Fashion Island. The sign would measure 16 feet 9 % inches in height and 13 feet in width. Each sign face would measure 150 square feet in area, resulting in a total combined sign area of 300 square feet. 3. The subject property is located within the North Newport Center Planned Community (PC -56) Zoning District and the General Plan Land Use Element category is Regional Commercial (CR). 4. The subject property not located within the coastal zone. 5. A public hearing was held on February 28, 2013, 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. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). 2. Class 11 includes construction or replacement of minor structures such as on -site signs accessory to existing commercial facilities. The proposed monument sign is incidental and accessory to the principal commercial use of the property and does not intensity or alter the use. Zoning Administrator Resolution No. ZA2013 -010 Paqe 2 of 6 SECTION 3. REQUIRED FINDINGS. The North Newport Center Planned Community (NNCPC) permits a maximum of one theater monument sign; therefore, the approval of a modification permit is required to allow an additional sign. In accordance with Section 20.52.050 of the Newport Beach Municipal Code, the following findings and facts in support of such findings for a modification permit are set forth: Finding: A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: A -1. The subject property is located in the NNCPC zoning district and is designated CR by the Land Use Element of the General Plan. Within the NNCPC, the subject property is located within the Fashion Island sub -area, which is the primary retail hub within Newport Center and is developed with retail, dining, and commercial entertainment uses. Permitted uses include those in support of the existing retail, dining, and commercial entertainment uses. Fashion Island is intended to be a vibrant regional retail and entertainment center and a destination with a variety of uses that serve visitors, residents, and employees in the area. The existing movie theater and supporting signage is consistent with existing development within Fashion Island and Newport Center. A -2. The proposed sign is consistent with the maximum allowed height and area requirements for theater signs allowed within the NNCPC, which has been developed to ensure the size and scale of signage is compatible with surrounding development. A -3. The proposed sign will be constructed of similar materials and lettering as the existing Fashion Island monument signs located along Newport Center Drive. 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: B -1. Fashion Island is a regional shopping center located within the center of the Newport Center area. The movie theater is a destination use located within the center of the shopping center and is not visible from the surrounding parking lots and roadways. Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2013 -010 Page 3 of 6 B -2. Newport Center Drive is a perimeter road that loops around the shopping center and is accessed from nine different streets leading into the Newport Center area. In addition, Fashion Island is accessed via multiple driveways and drive aisles off Newport Center Drive. The numerous driveways and access roads can be challenging to motorist in identifying their destination within Fashion Island. B -3. The modification is necessary to provide adequate theater signage and exposure to motorist, and to identify the location of the theater within the shopping center. 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: C -1. Due to the difficulty associated with the size and configuration of the shopping center and surrounding roadways, the addition of a second theater sign is necessary to provide adequate identification for the theater consistent with the purpose and intent of sign standards of the Zoning Code. C -2. The proposed sign would not result in an excessive number of theater signs because the existing theater sign is located at the opposite side of Fashion Island, approximately 3,200 feet away along Newport Center Drive. 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. Facts in Support of Finding: D -1. Maintaining only one theater sign would not provide the benefit of increasing exposure to motorists or assist in the identification of the theater within Fashion Island. D -2. The shopping center is comprised of combination of parking structures, surface parking lots, and multiple commercial structures. Due to the amount of commercial retail space and location of parking, the two theater signs will provide greater convenience and visibility for visitors to the site, and would not result in a detriment to 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 Tmplt: 0 5/1 612 01 2 Zoning Administrator Resolution No. ZA2013 -010 Paqe 4 of 6 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: E -1. The signage is for commercial uses in a commercial district and is not in or adjacent to a residential district E -2. The monument sign is not located adjacent to any driveways and will not interfere with sight distance for vehicles entering or exiting the property. E -3. The proposed monument sign is compatible with the other commercial monument signs within the NNCPC. E -4. The sign area is limited to text identifying the name of the theater and the movies that are offered. No graphic displays are permitted to ensure the sign does not distract motorists and create safety hazards. E -5. The proposed monument sign will be constructed on private property adjacent to Newport Center Drive and will not change the density or intensity of the existing commercial shopping center. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves MD2012 -019 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 fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 28T" DAY OF FEBRUARY, 2013. , Deputy Director Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2013 -010 Paqe 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, details, and elevations, except as noted in the following conditions. 2. Sign copy and display shall be limited to text identifying the name of the theater and shows or movies that are offered, and shall not display images or graphics (except for theater logo). 3. The electronic sign copy shall be static /stationary. No rotating, flashing, blinking, scrolling, or animation is permitted. 4. The sign shall comply with the illumination requirements of Section 20.42.060.1-1 (Illuminated Sign and Lights) and maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the Newport Beach Municipal Code. 5. The monument sign shall maintain a minimum 2.5 -foot setback from the back of sidewalk along Newport Center Drive. Landscape shrubs and /or hedges shall be planted around the base of the monument sign where it projects beyond the existing fence and hedge line perpendicular to the sign. Final landscaping plans shall be reviewed and approved by the Planning Division in conjunction with the issuance of a building permit for the monument sign. 6. A building permit shall be obtained prior to commencement of the construction and /or installation of the sign, and in accordance with the applicable Building Codes. 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 for the monument sign, to identify this approval as the authority for location, size and placement. 8. 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. 9. 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 Island Cinemas Monument Sign including, but not limited to Modification Permit No. MD2012 -019 (PA2012 -175) and the determination that the project is exempt under the requirements of the California Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2013 -010 Paqe 6 of 6 Environmental Quality Act. 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: 05/1612012