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HomeMy WebLinkAboutZA2016-021 - REQUEST FOR A MODIFICATION PERMIT TO ALLOW TWO MONUMENT SIGNS AND TWO LEASING SIGNS FOR THE VILLAS FASHION ISLAND - 1101 SAN JOAQUIN HILLS RD RESOLUTION NO. ZA2016-021 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2016-004 TO ALLOW ADDITIONAL SIGNS AND INCREASED SIGN SIZES FOR THE VILLAS FASHION ISLAND PROJECT LOCATED AT 1101 SAN JOAQUIN HILLS ROAD (PA2016-030) THE ZONING ADMINISTRATOR 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 property located at 1101 San Joaquin Hills Road, and legally described as Parcel 3, as shown on a Parcel Map filed in Book 81, Pages 8 and 9 of Parcel Maps, in the Office of the Orange County Recorder, except therefrom that portion of said land lying within Parcels 1 through 4 as shown on a Map, filed in Book 175, Pages 22 to 24 of Parcel Maps, Records of said County, requesting approval of a modification permit. 2. The applicant proposes two project identification monument signs and two leasing directional signs along San Joaquin Hills Road where the North Newport Center Planned Community regulations only allow one of each sign type. Also included is a request to increase the size for both signs above the maximum allowed. The proposed maximum dimensions for the project identification signs are 8 feet high by 27 feet wide, whereas the PC allows for a maximum sign height of 6 feet and a maximum width of 12 feet. The proposed maximum dimensions for the leasing directional signs are 9.75 feet high by 7 feet wide whereas the PC allows for a maximum sign height of 4.5 feet and a maximum width of 5 feet. 3. The subject property is designated Mixed-Use Horizontal (MU-H3) by the General Plan Land Use Element and is located within the North Newport Center Planned Community (PC-56) Sub-Area San Joaquin Plaza. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on April 14, 2016, in the Corona del Mar Conference Roorn (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 is 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). Zoning Administrator Resolution No. ZA2016-021 Page 2 of 6 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. 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 San Joaquin Plaza Sub-•Area of the North Newport Center Planned Community (PC-56) Zoning District. The proposed project identification monument signs and leasing directional signs are allowed ancillary structures. 2. The proposed project identification monument signs will be located on either side of the primary project entrance on San Joaquin Hills Road. The signs will be complementary to the landscaped areas and will not diminish or negatively impact the character of the development for the following reasons. a. The Villas Fashion Island development is approximately 65 feet tall and set back 40 feet from the property line fronting San Joaquin Hills Road. The larger signs will be in scale with the project and will help improve the ability to identify the Villas Fashion Island development at its primary entrance to motorists on San Joaquin Hills Road, which has higher vehicle speeds. The larger leasing directional signs will better serve the development in providing clear legible leasing information. b. The proposed increase in maximum sign height is similar in height to existing monument signs for adjacent office sites, Fashion Island and Big Canyon, all of which are located nearby and have frontages facing San Joaquin Hills Road. 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 monument signs will be located at the primary entrance to Villas Fashion Island from San Joaquin Hills Road on a large parcel (18.29 acres). The 03-08-2016 Zoning Administrator Resolution No. ZA2016-021 Page 3 of 6 leasing directional signs will be located on the same frontage approximately midblock in either direction. San Joaquin Hills Road is a 145-foot-wide, divided roadway with a speed limit of 50 miles per hour. The larger signs will help to improve visibility and identification of the site. 2. The sign standards in the North Newport Center Planned Community were designed and oriented toward the office uses previously located at the project site. The proposed larger signs are adequately set back from the public right-of-way and are in scale with the adjacent residential buildings under construction. 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: 1. The Villas Fashion Island development is on 18.29 acres and will have one primary entry from a 145-foot-wide divided roadway with high speeds and reduced visibility. The strict application of the sign standards established by the North Newport Center Planned Community would result in fewer and smaller signs and could result in motorists missing the project entry or attempting project entry at higher vehicle speeds. 2. The proposed increases in number and size do not interfere with the intent of the Zoning Code as they provide for adequate identification of the site and leasing information while guarding against the excessive and confusing proliferation of signs. The proposed signs are complementary to other signs in San Joaquin Plaza and North Newport Center, 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 of compliance with the North Newport Center Planned Community sign regulations would result in signage that is too small and out of scale with the development to be effective. 2. The location of more than one sign of each type in a larger format near the primary entrance is essential for notifying visitors of the project's primary entrance. The signs as proposed will not obstruct vehicle or pedestrian sight distance, are well integrated 03-08-2016 Zoning Administrator Resolution No. ZA2016-021 Page 4 of 6 into the overall design and scale of the development, and will be the only signs on approximately 1,100 linear feet of street frontage. 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. Facts in Support of Finding: 1. Approval of the application to allow an additional project identification monument sign and an additional leasing directional sign with an increase in size for both does not change the density or intensity of the existing use. The proposed signs will provide adequate identification for the unique layout of the entryway along San Joaquin Hills Road. 2. The locations of the signs are well within the private property and will not impact the surrounding properties consistent with Fact D-2 above. 3. The size of the signs is well within the scale of signs in the surrounding area and will not adversely affect or be detrimental to persons, property, or improvements in the surrounding neighborhood. 4. The project has been reviewed and conditioned to ensure the sign will be safely located outside the vehicular line of sight. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2016-004, 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 or call for review 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 14TH DAY OF APRIL, 2016. ri #redisneskl, fPAZco%in?9 Administrator Zoning Administrator Resolution No. ZA2016-021 Page 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 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 applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. This Modification Permit may be modified or revoked by the Zoning Administrator, Planning Commission or City Council 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. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Modification Permit or the processing of a new Modification Permit. 6. The project identification monument signs shall have a maximum height of 8 feet and a maximum width of 27 feet. Letter or logo heights shall be limited to 26 % inches. 7. The leasing directional signs shall have a maximum height of 9.75 feet and a maximum width of 7 feet. Letter or logo heights shall be limited to 10 inches. 8. 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. 9. 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. 10. 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 03-08-2016 Zoning Administrator Resolution No. ZA2016-021 Page 6 of 6 every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Villas Fashion Island Signage including, but not limited to, Modification Permit No. MD2016-004 (PA2016-030). 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. Public Works Department 11. Sign shall be located outside the vehicular line of sight area, per CIM Standards (STD- 110-2). Building Division 12. The applicant shall obtain building and electrical permits. 03-06-2016