HomeMy WebLinkAboutZA2015-009 - A COMPREHENSIVE SIGN PROGRAM TO AUTHORIZE SIGNAGE FOR AN EXISTING THEATER, INCLUDING TWO MARQUEES AND ONE WALL SIGN, AND A MODIFICATION PERMIT TO ALLOW THE SIGNS TO DEVIATE FROM THE MAXIMUM ALLOWED SI - 3459 Via Lido RESOLUTION NO. ZA2015-009
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE
SIGN PROGRAM NO. CS2015-001 AND MODIFICATION
PERMIT NO. MD2015-001 FOR THE LIDO LIVE SIGNS
LOCATED AT 3459 VIA LIDO (PA2015-011)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Lido Partners, with respect to property located at 3459 Via
Lido, and legally described as Parcel 1 of Resubdivision 0516 requesting approval of a
Comprehensive Sign Program and Modification Permit.
2. The applicant proposes a Comprehensive Sign Program to authorize signage for an
existing theater, including two marquees and one wall sign, and a Modification Permit
to allow the signs to deviate from the maximum allowed size.
3. The subject property is located within the Commercial General (CG) Zoning District and
the General Plan Land Use Element category is General Commercial (CG).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is General Commercial (CG-B).
5. A public hearing was held on March 12, 2015, 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 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 exempts minor structures accessory to existing commercial facilities,
including signs. The proposed signs are incidental and accessory to the principal
commercial use of the property and do not intensify or alter the use.
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SECTION 3. REQUIRED FINDINGS.
Comprehensive Sign Program
In accordance with Section 20.42.120 (Comprehensive Sign Program Standards) of the
Newport Beach Municipal Code, 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], any adopted sign design guidelines and the overall purpose and
intent of this Section [Section 20.42.120].
Facts in Support of Standard:
1. The proposed Comprehensive Sign Program complies with the purpose and intent of
Newport Beach Municipal Code Chapter 20.42 (Sign Standards) because it provides the
theater with adequate identification while guarding against an excessive sign
proliferation. The Comprehensive Sign Program preserves and enhances community
appearance by regulating the type, size, location, quantity, and illumination of signs.
2. The purpose of a comprehensive sign program is to integrate all of a project's signs. A
comprehensive sign program provides a means for the flexible application of sign
regulations for projects that require multiple signs in order to provide incentive and
latitude in the design and display of signs, and to achieve, not circumvent, the purpose of
Chapter 20.42. A comprehensive sign program can authorize marquee signs and design
features not otherwise allowed by Chapter 20.42 for theater or cinema uses. This
approval integrates all of the signs for the theater while meeting the purpose and intent of
Chapter 20.42.
3. The proposed primary signs will provide for tenant identification on elevations viewed
from Via Lido where the architectural design of the building suggests placement of a sign.
The wall sign is proposed to identify the tenant and is located on an architectural
feature above the building entrance and has a vertical and horizontal sign element; the
horizontal sign is an existing sign. Both marquees will identify upcoming movies and
events. The first marquee is the existing marquee over the theater entrance and no
changes to this marquee would occur. A second marquee is proposed to identify both
the tenant and upcoming movies and events, located on the rear of the building, which is
visible from the parking lot and pedestrian walkway between the theater building and the
adjacent Griffith Building. All proposed signs will employ a consistent design compatible
with the art deco theme of the theater and will fit with the overall scale of the building and
its relationship to Via Lido and adjacent buildings.
4. The Comprehensive Sign Program is consistent with the Citywide Sign Design
Guidelines because the proposed signs are designed to be compatible with the building
design in terms of scale, size, and materials. The proposed signs are designed to
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effectively communicate a commercial message without creating sign clutter through the
use of legible text that contrasts with the background. The location and size of the signs
do not dominate, but rather are consistent with the proportions of the fagade on which
they are located. Again, the proposed signs complement the art deco architectural
design of the building.
5. The Comprehensive Sign Program is consistent with the Lido Village Design Guidelines,
which encourage signage to be appropriately scaled to the building, to be readable by
both pedestrians and drivers approaching the site, and to not obscure important
architectural features. The proposed signs are consistent because the signs are
appropriately scaled to the building and do not obscure important architectural features.
The marquee signs include a permanent mounting method and do not include flashing
lights.
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. The theater is located on a site developed with multiple tenants and buildings. The City
has approved several sign programs to regulate the signs for the West Marine building
and other buildings on-site. The number and location of signs will not contribute to an
overabundance of signage that will have a detrimental effect on the neighborhood.
2. All proposed signage will integrate well with the character and architectural style of the
building by maintaining complementary sign location, size, color, and materials. The
building paint colors include beige, teal, and black, and the proposed signs are black,
white, teal, and other complementary colors. The proposed signs complement the art
deco architectural design of the building.
Standard:
C. The sign program shall address all signs, including permanent, temporary, and exempt
signs.
Facts in Support of Standard:
1. The proposed Comprehensive Sign Program addresses all signage for the theater.
Temporary and exempt signs not specifically addressed in the sign program shall be
regulated by the provisions of Chapter 20.42 (Sign Standards) of the Zoning Code.
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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 Comprehensive Sign Program has been designed to be effective for the theater
use that occupies the building.
2. The Comprehensive Sign Program establishes allowed type, number, location, and
area of signage with flexibility to accommodate any existing and future tenants. Signs
for a use other than a theater or cinema would not include a marquee; however, the
Comprehensive Sign Program would allow for wall signs for new uses consistent with
the approval.
3. It is not anticipated that future revisions to the Comprehensive Sign Program will be
necessary to accommodate changes in tenants or uses. However, the Community
Development Director may approve minor revisions to the Comprehensive 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. The Comprehensive Sign Program allows for deviations with regards to the type,
number, and location of wall signs. The approval conforms to intent of Chapter 20.42,
and enhances the overall development by integrating all of the project's signs with the
building design into a unified architectural statement.
2. The proposed Comprehensive Sign Program is consistent with Chapter 20.42, and is
being processed concurrently with a Modification Permit consistent with Zoning Code
Section 20.52.050 to allow the letter size, sign height, and sign area to be larger than
the standard Zoning Code limitations.
3. The number, location, type, and size of signs are reasonable in order to provide
adequate identification of the theater from the street and parking lot and to allow for
marquee signs to show upcoming movies and events.
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Standard:
F. The Approval of a Comprehensive Sign Program shall not authorize the use of signs
prohibited by this Chapter[Chapter 20.421.
Facts in Support of Standard:
1. The Comprehensive Sign Program does not authorize the use of prohibited signs.
Changeable copy signs are allowed as a component of a marquee sign for a theater or
cinema through approval of a Comprehensive Sign Program.
Standard:
G. Review and approval of a Comprehensive Sign Program shall not consider the signs'
proposed message content.
Facts in Support of Standard:
1. The content of the signs was not considered and the proposed Comprehensive Sign
Program does not contain any regulations regarding sign message content.
Modification Permit
In accordance with Section 20.52.050.E (Required Findings) of the Newport Beach Municipal
Code, the following findings and facts in support of the findings for a Modification Permit are set
forth:
Finding
H. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding
1. The subject property is located in the Commercial General Zoning District with
commercial uses opposite Via Lido located in a mixed-use zoning district. The increase
in letter height, sign height, and sign area is compatible with the neighborhood because
the adjacent street and parking lot provide adequate separation from the proposed signs
to existing development. The proposed signs are not out of proportion with existing
development in the neighborhood.
2. The marquee and horizontal sign above the theater entrance are existing and no
changes would occur to these signs. The addition of a second wall sign and marquee
sign is a minor change.
3. The existing building entrance is at an angle to Via Lido and the primary frontage wall
sign will only be visible from the northwest of the building. The existing building to the
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west is two stories and other buildings in the area have large walls signs. Therefore,
the proposed signs will be compatible with the commercial development in the area.
4. The proposed signs do not constitute or contribute to a significant proliferation of signs
which would be inconsistent with the neighborhood character.
Finding
1. 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 subject property is developed with multiple-tenant commercial buildings and two
surface parking lots. The subject building is located on the Via Lido lot frontage with a
walkway and two-story commercial building directly to the west. The existing marquee
is 312 square feet, which is 237 square feet above the 75 square-foot maximum size.
The existing wall sign letters are a maximum of 4 feet 6 inches, which is 18 inches
above the 36-inch maximum letter/logo height. The increased size of the sign and
letter height is necessary due to the lot shape, street frontage, building shape, and
building orientation. The primary sign will be visible from Via Lido and from
southbound Newport Boulevard and the secondary frontage sign will be visible from
the parking lot behind the building and from northbound Newport Boulevard, which will
help guide people to the destination from streets.
2. The second marquee sign text area complies with the 75-square-foot limitation;
however the overall sign size including decorative elements is 105 square feet. Due to
the unique building design with a primary frontage on Via Lido and a secondary
frontage facing a parking lot, location of the walkway, limited visibility due to
surrounding development, art deco architectural theme, and the theater use of the
building, the increased sign area is warranted and it will identify the tenant from the
parking lot and pedestrian walkway.
Finding
J. 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 purpose and intent of the sign regulations is to provide users adequate
identification while preserving and enhancing the community's appearance by
regulating the type, size, location, quality, design, character, scale, color, illumination,
and maintenance of signs. The sign regulations also encourage the design of signs
that are complementary to the buildings and uses to which they relate and that are
harmonious with their surroundings. Approval of the location, size, and number of the
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proposed signs is necessary due to the size, design, location, circulation, and parking
within the subject site.
2. The marquee sign on the north elevation facing Via Lido is approximately 312 square
feet in order to integrate with the existing building and surroundings, and to provide
legible signage to pedestrians and motorists traveling on Via Lido and Newport
Boulevard. The marquee sign facing the parking lot is approximately 105 square feet
with up to 75 square feet dedicated to a changeable sign text. The larger size is
necessary due to the limited visibility of the secondary frontage and large separation of
the theater from the rear of the building to the southern and western property lines.
Finding
K. 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. A wall sign and marquee sign that exceed the size limits within Chapter 20.42 are
located on the primary frontage. The alternative to the Modification Permit would be to
maintain the existing nonconforming sign configuration and not have a sign visible
from the parking lot. However, the proposed change to the wall sign and second
marquee will provide a benefit to pedestrians and visitors to the site by providing
increased visibility from the street and parking area.
2. Section 20.42.060 allows a maximum letter/logo height of 36 inches. Section
20.42.070 allows a maximum sign area of 1.5 times the tenant frontage or 75 square
feet maximum. Due to the design of the building frontage, the increased letter/logo
height for the wall sign and size of the marquee is necessary to provide identification
for the subject property. There are no alternatives that would provide adequate
visibility from the nearby streets and the parking lot to the rear given the existing
building design and orientation. Wall signage compliant with sign regulations would
not allow for the design of effective signage that would be legible for pedestrians and
motorists traveling along the adjacent streets. The proposed signage is necessary due
to the size of the site and orientation of the building.
Finding
L. 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.
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Facts in Support of Finding
1. The signs will be constructed on private property and will not change the intensity of
the existing commercial use, affect the flow of light or air to adjoining properties, nor
interfere with traffic visibility.
2. The proposed signage will not obstruct public views from adjacent roadways or parks
because there are no public views through or across the subject property. The
proposed primary frontage signs may be visible from Newport Boulevard, which is
designated in the Coastal Land Use Plan as a Coastal View Road; however, the
proposed signs are not anticipated to negatively impact public views.
3. Compliance with the Municipal Code and the attached conditions of approval is
required and will further ensure that the proposed use will not be detrimental.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive
Sign Program No. CS2015-001 and Modification Permit No. 2015-001, subject to the
conditions set forth in Exhibit A and parameters denoted in Exhibit B, which are 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 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 12TH DAY OF MARCH, 2015.
h
re d Wisneski,Al R Zoning Administrator
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EXHIBIT "A'
CONDITIONS OF APPROVAL
1. All proposed signs shall be in substantial conformance with the approved plans,
Comprehensive Sign Program Matrix Table (Exhibit "B"), and provisions of Chapter
20.42 (Sign Standards) of the Newport Beach Municipal Code, unless otherwise
indicated in the following conditions.
2. The digital marquee sign shall not be animated. The sign display shall be static and
not actively scroll. The sign display shall not change more than once every ten (10)
minutes. The changeable copy shall be limited to text and logos only.
3. A building permit shall be obtained prior to commencement of installation of the signs.
4. A copy of this letter shall be incorporated into the plan check sets of plans prior to
issuance of building or sign permits.
5. Signs shall be maintained in a clean and orderly condition.
6. All illuminated wall signs shall be shut off between 12:00 a.m. and 6:00 a.m., daily.
7. Illuminated signs shall be regulated in accordance with the provisions of Section
20.42.060 of the Newport Beach Municipal Code. If, in the opinion of the Community
Development Director, existing illumination creates an unacceptable negative impact
on surrounding land uses or sensitive habitat areas the Director may order the
dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
8. All work performed near or within the public right-of-way shall be reviewed and
approved by the Public Works Department under an encroachment permit/agreement
if required.
9. Any future revisions or changes to the signs approved by this Comprehensive Sign
Program due to a change in the use or tenants of the building shall be reviewed and
approved by the Planning Division, so long as the sign size, copy configuration, and
number of signs authorized by this approval does not substantially change or increase.
The mandatory reduction or elimination of signs shall be exercised as necessary.
Revisions that would substantially deviate from the original approval shall require
approval of a new/revised comprehensive sign program by the Zoning Administrator.
10. The Zoning Administrator may add to or modify conditions of this approval, or revoke
this approval upon a determination that any sign that is authorized by this approval has
been altered beyond the parameters of the authorization and therefore beyond the
justification.
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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 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 the Lido Live
Signs including, but not limited to, Comprehensive Sign Program No. CS2015-001 and
Modification Permit No. MD2015-001 (PA2015-011). 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.
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EXHIBIT "B"
SIGN PROGRAM MATRIX
Sign Type Primary Frontage (Via Lido) Secondary Frontage (Parking Lot)
Sign Regulations Sign Regulations
Maximum number of signs: 2 (two) Maximum number of signs: 1 (one)
Maximum area: square feet Maximum area: 1.5 square feet per
total for both signs linear foot of tenant frontage or
Wall Mmaximum area of 75 square feet,
Maximum letter/logo height: 36
inches for a vertical sign and 54 whichever
axi ever is less
M
inches for a horizontal sign Maximum letter/logo height: 36
inches
A marquee is allowed in lieu of a
wall sign.
Maximum number of signs: 1 (one) Maximum number of signs: 0 (zero)
Marquee Maximum area: 312 square feet or 1 (one)
Maximum letter/logo height: 36 Maximum area: 75 square feet for
inches text area and 105 square feet for the
entire sign area.
Maximum letter/logo height: 36
inches
Temporary Shall be regulated by the provisions of Chapter 20.42.090 (Standards for
Temporary Signs)
Exempt Shall be regulated by the provisions of Chapter 20.42.100 B (Exemptions
to sign permit requirement)
NOTE: Minor changes in sign type, location, and sizes specified in this matrix may be
approved by the Community Development Director.
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