Loading...
HomeMy WebLinkAboutZA2014-023 - A MODIFICATION PERMIT TO ALLOW A SECOND IDENTIFICATION WALL SIGN ON THE BISON AVENUE FRONTAGE WHERE THE PLANNED COMMUNITY REGULATIONS LIMIT EACH INDIVIDUAL BUSINESS TO ONE IDENTIFICATION SIGN PER STRE - 1280 Bison AveRESOLUTION NO. ZA2014 -023 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2014 -004 FOR A SECOND IDENTIFICATION WALL SIGN LOCATED AT 1280 BISON AVENUE, SUITE B15 (PA2014 -085) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by the Irvine Company, with respect to property located at 1280 Bison Avenue, Suite B15 and legally described as Lot 6 in Tract No. 12309 requesting approval of a modification permit. The applicant proposes a second identification wall sign on the Bison Avenue frontage for the purpose of identifying pet grooming services offered by Petco, where the Planned Community regulations limit each individual business to one identification sign per street frontage. Petco's existing identification wall sign fronting Bison Avenue will remain unchanged. No other deviations are proposed. 3. The subject property is located within the North Ford Planned Community (PC -5) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on June 26, 2014, 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 This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15311, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 11 (Accessory Structures). 2. Class 11 consists of construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to signs. Zoning Administrator Resolution No. ZA2014 -023 Page 2 of 6 SECTION 3. REQUIRED FINDINGS 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: A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: 1. The subject property is located within the North Newport Shopping Center which is within Commercial Area 3 of the North Ford Planned Community (PC -5) Zoning District. The proposed wall sign will be accessory to the existing commercial uses in the shopping center. 2. The proposed wall sign, measuring 16.75 square feet, is consistent with other signage in the shopping center and complies with the general sign standards under the North Ford Planned Community. 3. The location of the proposed wall sign above an entrance is compatible with signage in the shopping center that are similarly placed above entrances. 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 frontage of the property extends 164 feet 2 inches which is significantly larger than other tenant frontages in the shopping center. 2. The property provides two separate building entrances for retail sales and pet grooming. Each entrance is recessed and located beneath matching architectural tower projections. The existing wall sign fronting Bison Avenue identifies the retail sales entrance. The proposed wall sign is necessary to identify the pet grooming entrance, which is not as readily apparent to visitors of the shopping center. 3. The parking lot adjacent to the building frontage is expansive, and the proposed wall sign will help to identify the separate entrances to visitors approaching from MacArthur Boulevard and Bison Avenue. Zoning Administrator Resolution No. ZA2014 -023 Page 3 of 6 Findinq: 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. The general purpose and intent of the North Ford Planned Community as it pertains to signs is to provide each sign user with an opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs. 2. A strict application of the sign standards established by the North Ford Planned Community would limit the business to one wall sign per street frontage. This would result in inadequate identification due to the physical scale of the existing building frontage. 3. The proposed wall sign will identify each entrance to the business which are at opposite ends of the building. 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: 1. The alternative would be to maintain the existing sign configuration; however, the additional wall sign will provide positive benefit to pedestrians and visitors to the site by providing increased visibility for each building entrance. 2. Section 20.52.050 (Modification Permits) of the Zoning Code specifies that a modification permit may be granted to increase the allowed number of signs. The lineal footage of the building fronting Bison Avenue warrants the increase in quantity of signs and will not detract from the building's exterior. 3. The proposed wall sign will provide additional visual direction for the public from the surrounding public roadways and from a greater distance without detracting from the development's overall aesthetic. 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. Zoning Administrator Resolution No. ZA2014 -023 Page 4 of 6 Facts in Support of Finding: Approval of the application to allow a second wall sign on the Bison Avenue frontage does not change the density or intensity of the existing use. The proposed sign will provide adequate identification to the major tenant that provides two separate entrances. Due to the size of the building frontage, a second wall sign measuring 16.75 square feet will not adversely affect or be detrimental to persons, property, or improvements in the shopping center or surrounding neighborhood. 2. The addition of a wall sign fronting Bison Avenue will not impact residential properties located behind the property. 3. The granting of the modification to provide relief is consistent with past approvals regarding number of signs for other major tenants in the shopping center that have demonstrated no detriment to the public health, safety, or welfare of occupants of the property, nearby properties, the neighborhood, or the City. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2014 -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 after the adoption of this Resolution unless within such time an appeal 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 26TH DAY OF JUNE, 2014. En , Zoning Administrator Zoning Administrator Resolution No. ZA2014 -023 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. This 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. 4. The wall sign shall not exceed an area equal to 28.5 square feet. This Modification Permit shall become null and void should the tenant space be subdivided into two smaller suites. 6. The applicant is required to obtain all applicable permits from the City's Building Division. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 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. 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 Petco Sign Modification including, but not limited to, the MD2014 -004 (PA2014 -085). 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' Zoning Administrator Resolution No. ZA2014 -023 Paqe 6 of 6 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.