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HomeMy WebLinkAboutZA2017-053 - COMPREHENSIVE SIGN PROGRAM AND MODIFICATION PERMIT - 200 Promontory Drive EastRESOLUTION NO. ZA2017-053 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2017-005 AND MODIFICATION PERMIT NO. MD2017-002 FOR AN INCREASE IN SIGN NUMBER; AND SIZE OF MONUMENT SIGNS LOCATED AT 200 PROMONTORY POINT DRIVE EAST (PA2017-028) 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 200 Promontory Point Drive East and legally described as Parcel 1 in Resubdivision 0337 requesting approval of a Comprehensive Sign Program and Modification Permit. 2. The applicant is requesting approval of a comprehensive sign program and modification permit to authorize signage for the Promontory Point Apartments. The applicant is seeking the following deviations from Chapter 20.42 (Sign Standards) of the Zoning Code: Comprehensive Sign Program a) Replacement of the existing East Coast Highway entry monument sign (Sign Type 1). The size of the proposed sign requires a modification permit described below; b) Replacement of the East Coast Highway and Jamboree Road monument sign (Sign Type 2). The size of the proposed sign requires a modification permit described below; c) Two existing Bayside Drive entry monument signs to remain (Sign Type 3 and 4); d) Three leasing directional signs will be refurbished and replaced (Sign Type 5).; e) The installation and renovation of vehicle and pedestrian directional signs, parking regulation signs, leasing signs and address signs (Sign Type 6 through Sign Type 22). These signs are within the interior of the apartment community Modification Permit f) East Coast Highway entry monument sign (Sign Type 1) increase in area from 40 square feet per face to 90 square feet per face, increase length from 14 feet to 20 feet, 4 inches, (sign face length) and increase the height from 4 feet, 4 inches to 6 feet, 9 inches. The Comprehensive Sign Program Section of the Zoning Code allows a maximum sign area of 52 square feet, a maximum sign length of 16 feet, 9 inches, and a maximum sign Zoning Administrator Resolution No. ZA2017-053 Paae 2 of 10 height of 5 feet, 2 inches with a comprehensive sign program. The proposed area, length and height require the Modification Permit; g) East Coast Highway and Jamboree Road monument sign (Sign Type 2) increase in area from 64 square feet to 75 square feet, increase the length from 12 feet to 18 feet, 8 inches (sign face length) and increase in height from 4 feet to 6 feet. The Comprehensive Sign Program Section of the Zoning Code allows a maximum sign area of 52 square feet, a maximum sign length of 19 feet, 2 inches, and a maximum sign height of 4 feet, 9'/2 inches. The proposed area and height require the Modification Permit. 3. The subject property is designated Multiple -Unit Residential (RM) by the General Plan Land Use Element and is located within the Promontory Point — UP1494 (PC -12) Zoning District. 4. The subject property is located within the coastal zone. Promontory Point — UP1494 (PC - 12) is in the Coastal Zone District and the Coastal Land Use Plan category is Multiple Unit Residential (RM -C).. 5. A public hearing was held on July 13, 2017 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 hearing 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 11 consists of construction or placement of minor structures accessory to existing commercial, industrial, or institutional facilities, including but not limited to signs. SECTION 3. REQUIRED FINDINGS. Comprehensive Sign Program Pursuant to Section 20.42.120, the comprehensive sign program allows for an increase in sign height by 20 percent above that allowed and an increase in sign area by 30 percent above that allowed. The program shall comply with the standards of the Zoning Code, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs. 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 - 06 -09-17 Zoning Administrator Resolution No. ZA2017-053 Paae 3 of 10 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 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. 2. The proposed Comprehensive Sign Program complies with the purpose and intent of Newport Beach Municipal Code Chapter 20.42 (Sign Standards) because it provides Promontory Point Apartments with adequate identification while guarding against excessive sign proliferation. The apartment is a large property which necessitates additional and larger signage near the entry to the property and at the major cross - street (Jamboree Road). The signage is proportional to the development and the size of the properties. 3. 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 effectively identify the apartment property without creating sign clutter through the use of legible text that contrasts with the background. The entry to the apartments and the corner of East Coast Highway and Jamboree Road where the larger monument signs are proposed provide identification entrance location along East Coast Highway, which is the intent of the Zoning Code for residential communities. The placement and size of the signs do not dominate, but rather are consistent with the proportions of the street frontages on which they are located. 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 SuDDort of Standard: 1. The number and location of signs will not contribute to an overabundance of signage that will have a detrimental effect on the neighborhood. The monument signs provide entry and location identification from East Coast Highway and Bayside Drive but are not overly visible from the surrounding parks and residential areas. 06-09-17 Zoning Administrator Resolution No. ZA2017-053 Paae 4 of 10 2. All proposed signage will be in harmony with the character and architectural style of the apartment complex. The large property accommodates the additional and larger signage without creating an impact to the surrounding neighborhood. 3. A modification permit is the required to allow additional area, length and height for the main entry monument sign on East Coast Highway. A modification permit is also required to allow additional length and height for the monument sign at East Coast Highway and Jamboree Road. The modification permit findings are addressed in the Modification Permit section below. Standard: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Fact in Support of Standard: 1. The sign program includes all project signage. Temporary and exempt signs not specifically addressed in the program shall be regulated by the provisions of Chapter 20.42. Standard: D. The sign program shall accommodate future revisions that may be required because of changes in use or tenants. Facts in SuDDort of Standard: 1. The Comprehensive Sign Program has been developed to be effective for future use of the apartment site. The additional signage and increased sizes permitted would allow flexibility for future changes in occupants of the large sites. 2. It is not anticipated that future revisions to the Comprehensive Sign Program will be necessary to accommodate changes in occupants or owners. However, the Community Development Director may approve minor revisions to the Comprehensive Sign Program if the intent of the original approval is not affected. 3. Consistent with Chapter 20.42, the Community Development Director (or his/her designee) may approve minor revisions to the 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. 06-09-17 Zoning Administrator Resolution No. ZA2017-053 Paae 5 of 10 Facts in SuDDort of Standard: 1. The approval conforms to the intent of Chapter 20.42, and enhances the overall development by integrating the signage in appropriate locations and scale to the long street frontages (2,400 -foot frontage on East Coast Highway, an approximately over 3,000 -foot frontage on Bayside Drive, and approximately 600 - foot frontage on Jamboree Road). 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 sign area and length of the monument signs to be larger than the standard Zoning Code limitations in order to increase the visibility of the signs and allow signage that is proportionately scaled to the site of the apartment complex.. 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. Standard - G. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. Facts in SuDDort 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 Pursuant to Section 20.42.110 of the Newport Beach Municipal Code, deviations in sign height greater than twenty (20) percent and sign area greater than 30 percent are subject to the approval of a modification permit. 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 - 06 -09-17 Zoning Administrator Resolution No. ZA2017-053 Paae 6 of 10 Finding: A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Findina: 1. The subject property is located in the PC -12 (Promontory Point — UP 1494). The increase in the areas, height, and lengths of the monument signs along East Coast Highway are compatible with the existing development in the neighborhood because the larger monument signsare consistent with the scale of the property and do not create noticeable impacts due to the long frontage of the property along East Coast Highway. The location of these monuments at the entrance and at the corner of Jamboree Road and East Coast Highway maintains the integrity of the residential property. 2. The increase in area for the entry monument sign and the increase in height for the monument sign at Jamboree Road allows for a more visible design for their locations along East Coast Highway. The property has an approximately 2,400 - foot frontage on East Coast Highway, an approximately over 3,000 -foot frontage on Bayside Drive, and approximately 600 -foot frontage on Jamboree Road. The increase in area and height allows for increased visibility while still meeting the intent of residential community signage. 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 Findina: 1. The monument signs on East Coast Highway provide clear identification of the entrance and the apartment complex from East Coast Highway. 2. The proposed larger monument signs are necessary to increase the visibility of the entrance and also the location of the apartment from East Coast Highway. The existing locations of the monument signs near the entrances of the property meet the intent of the Zoning Code for residential communities, which is to maintain the integrity of the residential community without an over -concentration of signage or commercial type signage. The intent is to provide signage near entrances and ample internal signage for navigation once on the property 06-09-17 Zoning Administrator Resolution No. ZA2017-053 Paae 7 of 10 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 purpose and intent of the sign regulations is to provide users adequate identification while preserving and enhancing the community's appearance. The regulation of sign size is to ensure that signage does not overwhelm a property and create clutter. The proposed increase in the maximum area will be appropriately scaled to the entrance and size of the property along East Coast Highway. The regulation of the width and height of monument signs is also to prevent the freestanding signs from overtaking a frontage and impacting visibility. The proposed increase in the width and height of the monument signs will not inhibit visibility and is still well proportioned to the street frontages they are located on. 2. The proposed increase in the maximum area, widths, and heights of the monuments does not interfere with the purpose and intent of the Zoning Code as it provides for adequate identification of the site while guarding against the excessive and confusing proliferation of signs. The increase in size addresses the practical difficulty of reduced visibility for motorists that are trying to apartment complex from East Coast Highway. 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 requested increase in the size of the monument signs is in scale and similarly placed as other signs in the surrounding area and will not be detrimental to surrounding owners and occupants, the neighborhood, or the general public. 2. Due to the layout of the apartment property, the size of the monument signs is necessary to provide identification for the subject properties while providing signage that meets the intent of the Zoning Code for residential communities. Maintaining the number of monument signs along East Coast Highway and allowing the existing monuments to increase in size preserves the residential community while increasing visibility of access to the apartment complex. The strict application of the Zoning Code would result in smaller signage that is out of scale with the long street frontages. 06-09-17 Zoning Administrator Resolution No. ZA2017-053 Paae 8 of 10 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. This approval will allow for an increase in the size of the existing monument signs, but will not result in a change in intensity or density of the existing apartments. 2. The size of the signs is within the scale and proportionate to the large apartment property. Due to the large layout of the apartments, the signs will not be overly visible from any of the residential neighborhoods in the area and will not adversely affect or be detrimental to persons, property, or improvements in the surrounding neighborhood. 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. CS2017-005 and Modification Permit No. MD2017-002, 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 following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Zoning Administrator Modification Permit No. 3884 and Amendment No. 1, which upon vesting of the rights authorized by this Comprehensive Sign Program and Modification Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF JULY, 2017. Patrick J. Alford, Zoning Administrator 06-09-17 Zoning Administrator Resolution No. ZA2017-053 Paae 9 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, building elevations, and sign details stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Signs shall comply with the limitations specified in the Sign Matrix included in Exhibit B. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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 Comprehensive Sign Program and Modification Permit. 5. A building permit shall be obtained prior to commencement of installation of the signs. 6. All illuminated signs shall be illuminated in accordance with the provisions of Section 20.42.060.1-1 of the Newport Beach Municipal Code. 7. This Comprehensive Sign Program and 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. 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. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 10. 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. 11. 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 06-09-17 Zoning Administrator Resolution No. ZA2017-053 Paae 10 of 10 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 Promontory Point Comprehensive Sign Program and Modification Permit including, but not limited to, Comprehensive Sign Program No. CS2017-005 and Modification Permit No. MD2017-002 (PA2017-028). 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 12. Signage placement shall be located outside the limited use area and per City Standard No. 110-L. FIRE 13. An existing address must be located on the buildings in a location visible from emergency access. If an existing address is not present, an address will be required on the proposed monument signs located in view of emergency access. 14. Fire lane signs must be designed and installed as per Newport Beach Fire Department Guideline C.02. As per Guideline C.02, lettering and coloring details are very specific (consult guideline for requirements) additionally; the fire lane sign height shall be seven feet when located within pedestrian areas, or five feet when located in all other areas. Language on sign must state requirements from California Vehicle Code as addressed in the NBFD Guideline C.02. 06-09-17 EXHIBIT "B" PROMONTORY POINT APARTMENTS Comprehensive Sign Program Matrix CS2017-005 (PA2017-028) Sign Type Primary Frontage (East Coast Secondary Frontage Bayside Drive Highway) Freestanding Sign Type 1.1 Entry Sign: Sign Type 3.1 and 4.1: Sign Number: One (1) Number: One (2) Type: Monument Type: Monument Size: Maximum height - 6 feet, 9 Size: Maximum height - 4 feet; Maximum inches; Maximum length - 20 feet, 4 length - 9 feet, 6 inches; Maximum area - inches (sign face length); Maximum 40squarefeet. area - 90 square feet. Location: Entries at Bayside Drive designed Location: Entry at East Coast Highway to meet site distance requirements of the City designed to meet site distance Traffic Engineer. requirements of the City Traffic Engineer. Sign Type 2.1 Entry Sign: Number: One (1) Type: Monument Size: Maximum height - 6 feet; Maximum length - 18 feet, 8 inches (sign face length); Maximum area - 75 square feet. Location: East Coast Highway and Jamboree Road designed to meet site distance requirements of the City Traffic Engineer. Leasing Sign Type 5.1 and 5.2: Sign Type 5.3: Directional Number: Two (2) Number: One (1) Signs Type: Leasing Directional Pole Signs ape: Leasing Directional Pole Sign. Size: Maximum pole height 12 feet tall, Size: Maximum pole height - 12 feet tall 12 12 square feet for sign. square feet for sign Location: East Coast Highway Location: Bayside Drive. Parking Sign Type 6, 7, 8 and 13 regulatory Number: As required by Code. and ADA Tvpe: Various parking lot signs and fire lane signs. Size: As required by Code. Interior Sign Type 9: Leasing Number: Four (4). Signs Tvpe: Monument Size: Maximum height 4 feet, 4 inches; Maximum area 20 squarefeet Location: Internal, not visible from exterior right-of-ways. Sign Type 10: Number: Two (2). Type: Pole Size: Not regulated Location: Internal, not visible from exterior right-of-ways. NOTES: A. Requirements for all sign types per Municipal Code Chapter 20.42, except as provided in this sign matrix. B. Pursuant to Section 20.42.120.F of the Municipal Code, the Community Development Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. Sign Type 11: Number: Four (4). Type: Pole Size: Maximum height 20 feet, maximum sign area 17 square feet Location: Internal, not visible from exterior right-of-ways. Sign Type 12: Number: Four (4). Type: Pole Size: Not regulated Location: Internal, not visible from exterior right-of-ways. Signage on Sign Type 14, 15, 16, 17, 18, and 20 Leasing Number: Four (4). Building and Type: Wall signs Clubhouse Size: Not regulated Location: Internal, not visible from exterior right-of-ways. Internal Sign Type 19 Drive Number: One (1). Identification Type: Wall sign Wall Sign Size: Not regulated Location: Internal, not visible from exterior right-of-ways. Building Sign Type 21 and 22: Mounted Number: 1 for each building or as Address required by Code. Signs and Size: As required by Code. Unit Identification Entry Sign Type 10: Address Number: 1 for each building above entry. Size: 1 square foot. NOTES: A. Requirements for all sign types per Municipal Code Chapter 20.42, except as provided in this sign matrix. B. Pursuant to Section 20.42.120.F of the Municipal Code, the Community Development Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected.