HomeMy WebLinkAbout3.0_The Crab Cooker Signage and Encroachments_PA2019-126
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
SUBJECT: The Crab Cooker Signage and Encroachments (PA2019-126)
Comprehensive Sign Program No. CS2019-006
Modification Permit No. MD2020-003
Encroachment Permit No. N2019-0361
SITE LOCATION: 2200 Newport Boulevard
APPLICANT: Crab Cooker Restaurant
OWNER: James Wasko
STAFF: Benjamin M. Zdeba, AICP, Senior Planner
949-644-3253, bzdeba@newportbeachca.gov
David Keely, Senior Civil Engineer
949-644-3349, dkeely@newportbeachca.gov
PROJECT SUMMARY
A request to establish a comprehensive sign program for the reconstructed Crab Cooker
restaurant building. The applicant proposes to replace most of the signage that was
existing prior to demolition. This proposal requires approval of a modification permit to
allow an increase in maximum cumulative sign area over what is allowed by the Zoning
Code. The previously existing rooftop “Don’t Look Up Here” fish-shaped sign is proposed
to be refurbished, reinstalled and designated as a heritage sign.
Also included in the request is a waiver of City Council Policy L-6 to install private
improvements within the Newport Boulevard and 22 nd Street public rights-of-way
consisting of the replacement of previously existing benches and refurbishment of an
existing freestanding clock. All other proposed encroachments are consistent with Policy
L-6.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15303 and 15311 (Class 3 [New Construction or Conversion of
Small Structures] and Class 11 [Accessory Structures]) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment. The
exceptions to the use of these categorical exemptions pursuant to Section 15300.2
are not applicable;
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3) Adopt Resolution No. PC2020-011, approving Comprehensive Sign Program No.
CS2019-006, Modification Permit No. MD2020-003 and designating a heritage sign
(Attachment No. PC 1);
4) Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to allow the
reconstruction of benches and refurbishment of an existing freestanding clock that
encroach into the Newport Boulevard and 22nd Street public rights-of-way subject to
the conditions of the Encroachment Permit process being satisfied; and
5) Adopt Resolution No. PC2020-012, waiving City Council Policy L-6 and approving
Encroachment Permit No. N2019-0361 (Attachment No. PC 2).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Mixed Use Water Related
(MU-W2)
Mixed-Use Water Related
(MU-W2) The Crab Cooker Restaurant
NORTH MU-W2 MU-W2 VUE Newport
SOUTH MU-W2 MU-W2 McFadden Square
EAST MU-W2 MU-W2 Multi-tenant commercial
WEST MU-W2 MU-W2 VUE Newport
Project
Site
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INTRODUCTION
Project Setting and Background
The Crab Cooker restaurant site is located on the northwestern corner of the 22 nd Street
and Newport Boulevard intersection. It abuts the VUE Newport project to the west and is
immediately adjacent to The Arcade public right-of-way to the north with more of the VUE
Newport project beyond. To the east across 22 nd Street are multi-tenant commercial
buildings. To the south across the very wide Newport Boulevard and Balboa Boulevard
right-of-way is part of the Mc Fadden Square area, which serves as an entertainment and
dining hub with convenient public parking and access to the Newport Beach Pier. The
majority of properties in this immediate area are within the Mixed-Use Water Related (MU-
W2) Zoning District, a nonresidential district, which is intended for waterfront properties
in which marine-related uses may be intermixed with general commercial, visitor-serving
commercial and residential dwelling units on the upper floors. Eating and drinking
establishments are permitted uses subject to the approval of a use permit.
According to records research and applicant testimony, The Crab Cooker restaurant
commenced operation over 50 years ago. It had remained largely unchanged with
exception of a remodel in 1986, and accessibility upgrades in the early 1990s. In 2013
and 2014, construction on the adjoining property (2210 Newport Boulevard) commenced
for the VUE Newport mixed-use project. During this construction, The Crab Cooker’s
foundation was inadvertently damaged, necessitating extensive repairs. The extent of
repairs required the many aspects of the older building to be upgraded to meet current
construction codes ultimately requiring it to be classified as a new structure. At the end of
the day, demolition was more cost-effective.
In 2017, The Crab Cooker received approval of a minor use permit, a coastal development
permit, and a lot merger to allow its reconstruction and continued operation. Construction
on the new The Crab Cooker building began in 2018. Once construction is completed, the
use will remain a food service, eating and drinking establishment. The reconstructed
restaurant reflects the previous building in most respects and it will include an outdoor dining
area and a small office/storage area on a new second level. Also included is a new trash
enclosure that relocates dumpsters from the public right-of-way onto private property.
Throughout the project entitlement and construction process, the applicant consistently
expressed an intention to maintain an identical look and feel to the previous restaurant
building.
Project Description
In order to replace the signage that was previously existing on the demolished building,
the applicant has requested to establish a comprehensive sign program. This program
will allow deviations from the following:
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x Maximum number of signs for a single-tenant building;
x Signs not located within the middle 50 percent of the building façade upon which
they are located; and
x Signs not providing at least 30 feet of separation on adjacent building walls.
The maximum amount of aggregate sign area allowed through a comprehensive sign
program is 90 square feet for the primary frontage (Newport Boulevard) and 45 square
feet for the secondary frontage (22nd Street). The proposed aggregate sign area exceeds
this amount by 20 square feet for the primary frontage and 30 square feet for the
secondary frontage. As such, a modification permit is required for an increase in overall
sign area.
Lastly, the applicant is requesting to designate the fish-shaped “Don’t Look Up Here” sign,
which had adorned the building since the restaurant operation commenced. The majority
of signage will include luminous tubes (i.e., exposed neon), which is allowed subject to
the standards identified NBMC Section 20.42.080(D) (Luminous Tube Signs). The
Comprehensive Sign Program, together with the Modification Permit and the Heritage
Sign designation, will allow the applicant to replicate the same look and feel as the
previously existing restaurant building as shown in the following rendering (Figure 1):
Figure 1, an artistic rendering of the end-goal for the reconstruction of The Crab Cooker restaurant, which is currently
under construction.
Also included in the request is the reconstruction of benches that are available to the
public and a freestanding clock within public rights-of-way that are also shown in the
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rendering. City Council Policy L-6 prohibits these proposed encroachments; therefore,
the applicant is requesting a waiver of this policy (Attachment No. PC 6).
DISCUSSION
Analysis – Comprehensive Sign Program and Modification Permit
The property and most surrounding properties are designated Mixed-Use Water Related
(MU-W2). This designation is intended for waterfront properties in which marine-related
uses may be intermixed with general commercial, visitor-serving commercial and
residential dwelling units on the upper floors. Signage is an integral part of the streetscape
in this area, which experiences a tremendous amount of pedestrian traffic, especially
during the busy summer months. All signage is encouraged to be well-designed through
General Plan policy, Zoning Code provisions, as well as the Citywide Sign Design
Guidelines.
In an effort to recreate what formerly existed on the building prior to the inadvertent and
involuntary damage and resulting demolition, the applicant is proposing to establish a
comprehensive sign program. Comprehensive sign programs are required for various
reasons; in this case, the applicant is proposing three or more signs for a single-tenant
development. As part of the program, the applicant is requesting to deviate from the
allowed number of signs and the allowed location of signs. Also requested is an increase
in the maximum allowable sign area; however, the request goes above what is allowed
through the Comprehensive Sign Program and a modification permit is requested. The
applicant has provided justification in Attachment No. PC 6.
The requested Comprehensive Sign Program integrates all project signage to create a
unified statement for the building. Although it is fashioned for the current and unique use
of the site as The Crab Cooker restaurant, it includes flexibility with sizing and placement
to accommodate any future changes as required by the Zoning Code. The requested
Modification Permit is necessary to allow the replacement and recreation of the previously
existing sign design for the building, as the aggregate sign area exceeds the maximum
allowable area by 20 square feet on the primary elevation and by 30 square feet on the
secondary elevation. There are no alternatives to the Modification Permit, which would
grant a similar privilege. Strict application of the Zoning Code deprives the applicant of
the opportunity to recreate the thematic branding of the previously existing, iconic
restaurant building that will be recreated. In summary, staff believes there are facts to
support the approval of the Comprehensive Sign Program and Modification permit.
Typically, these requests would be reviewed and acted on by the Zoning Administrator,
as the decision-maker. In this case, however, the applicant is also requesting to refurbish
and reinstall a previously existing nonconforming rooftop sign – the fish-shaped “Don’t
Look Up Here” sign – by designating it as a heritage sign. This portion of the request
requires Planning Commission review. Consistent with NBMC Subsection 20.50.030(B)
(Concurrent Processing), multiple applications for the same project shall be processed
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concurrently, and shall be reviewed and approved, modified, or denied by the highest
review authority.
Analysis – Heritage Sign Designation
In accordance with NBMC Section 20.42.180 (Heritage Signs), the Planning Commission
may designate a heritage sign subject to two criteria:
(1) the sign is historically significant; and
(2) the sign is visually significant.
In this case, “historically significant” refers to a sign that was either created or erected at
least 35 years ago and is either representative of a significant sign-making technique or
style of a historic era or it represents establishments that are an important part of Newport
Beach history. “Visually significant” includes a sign that complements its architectural
surroundings and is well-integrated into the structure, as well as signs that are an
inventive representation of the use, name, or logo of the building or business.
According to evidence provided by the applicant (Figure 2), the “Don’t Look Up Here” sign
was installed over 35 years ago and there are no permits on file.
Figure 2, an excerpt from "Images of America - Newport Beach" by Pamela Lee Gray (Arcadia Publishing). This
photograph depicts The Crab Cooker circa 1968. The fish-shaped sign is prominently displayed near the corner of
the building atop the roofline.
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Its shape is in harmony with the establishment and its whimsical nature is highly
associated with the unique character of the restaurant. The fish shape is creatively used
as a textual background and draws attention to the building without dominating the visual
landscape or creating sign clutter, in staff’s opinion. Since its installation, it has served as
a visual landmark for patrons of the restaurant and Peninsula visitors.
Consistent with the provisions of NBMC Section 20.42.180, the designated sign will not
be able to be removed and must be not be altered except for routine cleaning and general
maintenance and the applicant is agreeable to this restriction. In summary, staff feels that
the sign warrants the heritage designation.
Analysis - Council Policy L-6 Waiver for Private Encroachments
City Council Policy L-6 (Encroachments in Public Rights-of-Way) (“Policy”), explains and
describes how the public rights-of-way are to be reserved for public use or open space;
and that the rights of the public, present and future, are not to be diminished by the
installation of private improvements within the public rights-of-way. The Policy specifies
allowable and prohibited encroachments and describes the required permits and
encroachment agreements (Attachment No. PC 5).
The section of the Policy, Private encroachments that are prohibited without a waiver and
approval item A, outlines private encroachment prohibitions including “…structural
encroachments including, but not limited to, fences, walls, patios, raised planters,
landscaping, etc., which encroach in excess of one (1) foot into the public right-of-way or
exceed three (3) feet in height.” The applicant is requesting a waiver of this Policy to allow
the reconstruction of benches for public seating along the 22nd Street frontage and to
refurbish the existing freestanding clock along the Newport Boulevard frontage.
The reconstructed benches encroach up to 15-inches into the 22nd Street public right-of-
way. A minimum 5-foot pedestrian clearance will be provided at parking meter posts with
a 6-foot, 10-inch minimum clearance in areas where there are no parking meter posts.
The refurbished freestanding clock encroaches up to 8 feet, 6 inches into the Newport
Boulevard public right-of–way and provides a minimum 6-foot, 8-inch pedestrian
clearance. The design and location of the encroachments and the clearances provided
have been reviewed by Public Works staff and the clearances are adequate for the level
of pedestrian traffic. The other projections into the public right-of-way, including but not
limited to, signs, lighting and awnings are allowed by City Council Policy L-6 provided that
a building permit has been issued by the City.
The Public Works Director and staff have reviewed this request and support the Policy
waiver. In staff’s review of the existing site conditions, the proposed improvements do not
hinder the use of the public right-of-way. The proposed private improvement will not be a
detriment to the health, safety and welfare of the public. Lastly, the proposed
improvements will not diminish the rights of the public, present and future, at this location
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provided an encroachment agreement between the City and the applicant (i.e., the
Property Owner) is executed.
Should the Planning Commission elect to approve the waiver and allow the construction
of the private improvements and appurtenances, staff recommends the requirement of an
encroachment agreement consistent with the Policy. The encroachment agreement
specifies the rights of the City and any liability associated with the proposed private
improvement would be transferred to the Owners. The encroachment agreement will be
recorded onto the property’s title, provides important notice for the current and future
property owners, and protects the City.
Summary
In summary, staff believes all the standards, findings, and criteria can be supported to
recommend approval of the overall project, including the Comprehensive Sign Program,
the Modification Permit, the Heritage Sign designation, and the waiver of City Council
Policy L-6 for the benches and clock. Two separate resolutions regarding the signage
and the encroachments have been prepared for the Planning Commission’s consideration
and are attached as Attachments No. PC 1 and PC 2, respectively.
Alternatives
1. The Planning Commission may require changes to the project to alleviate any
concerns related to the design or the ability to make the required findings. If the
changes are substantial, the item should be continued to a future meeting to allow
the applicant to make the necessary adjustments and to allow staff to prepare a
revised resolution incorporating new findings and/or conditions; or
2. If the Planning Commission believes that there are insufficient facts to support the
findings for approval, the Planning Commission may deny the application and provide
facts in support of denial to be included in the attached draft resolution for denial
(Attachments No. PC 3 and PC 4).
Environmental Review
The proposed signage and encroachments are exempt from the California Environmental
Quality Act (CEQA) pursuant to Sections 15303 and 15311 (Class 3 [New Construction or
Conversion of Smaller Structures] and 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.
The overall project includes establishment of a comprehensive sign program, the
designation of a heritage sign, and the allowance of private encroachments within the public
right-of-way that do not comply with City Council Policy L-6.
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The exceptions to these categorical exemptions under Section 15300.2 are not
applicable. The overall project location does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have a
significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is not
identified as a historical resource.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners and residential
occupants of property within 300 feet of the boundaries of the site (excluding intervening
rights-of-way and waterways) including the applicant and posted on the subject property
at least 10 days before the scheduled meeting, consistent with the provisions of the
Municipal Code and City Council Policy L-6. Additionally, the item appeared on the
agenda for this meeting, which was posted at City Hall and on the City website.
Prepared by: Submitted by:
______________________
Benjamin M. Zdeba, AICP
Senior Planner
______________________
David Keely
Senior Civil Engineer
ATTACHMENTS
PC 1 Draft Resolution for Approval of Signage
PC 2 Draft Resolution for Approval of Policy L-6 Waiver
PC 3 Draft Resolution for Denial of Signage
PC 4 Draft Resolution for Denial of Policy L-6 Waiver
PC 5 City Council Policy L-6
PC 6 Applicant’s Project Description and Justification
PC 7 Project Plans
:\Users\bzdeba\Downloads\Staff_Report_Master_Template (4).docx
01/12/18
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Attachment No. PC 1
Draft Resolution for Approval of Signage
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RESOLUTION NO. PC2020-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
COMPREHENSIVE SIGN PROGRAM NO. CS2019-006 AND
MODIFICATION PERMIT NO. MD2020-003 TO ESTABLISH A
COMPREHENSIVE SIGN PROGRAM, AND TO DESIGNATE A
HERITAGE SIGN FOR THE CRAB COOKER RESTAURANT
LOCATED AT 2200 NEWPORT BOULEVARD (PA2019-126)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by James Wasko of The Crab Cooker Restaurant (“Applicant”),
with respect to property located at 2200 Newport Boulevard, and legally described as Lots
15 and 16 of Tract No. 814, in the City of Newport Beach, County of Orange, State of
California, as per Map recorded in Book 24, Pages 35 and 36 of Miscellaneous Maps, in
the Office of the County Recorder of said County (“Property”), requesting approval of a
comprehensive sign program and a modification permit, as well as the designation of a
heritage sign.
2. The Applicant proposes to establish a comprehensive sign program for the reconstructed
“Crab Cooker” restaurant building that would allow for replacement of most of the signage
that was existing prior to its demolition. This proposal requires approval of a modification
permit to allow an increase in maximum cumulative sign area over what is allowed by Title
20 (Planning and Zoning) of the Newport Beach Municipal Code (“NBMC”). The previously
existing rooftop “Don’t Look Up Here” fish-shaped sign is proposed to be refurbished,
reinstalled and designated as a heritage sign (“Project”).
3. The Property is designated Mixed Use Water Related (“MU-W2”) by the General Plan Land
Use Element and is located within the Mixed-Use Water Related (“MU-W2”) Zoning
District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed Use Water (“MU-W”) and it is located within the Mixed-Use Water Related (“MU-
W2”) Coastal Zone District under NBMC Title 21 (Local Coastal Program Implementation
Plan). Coastal Development Permit No. CD2017-069 was approved by the Zoning
Administrator on November 16, 2017, and was made effective on December 27, 2017, to
allow for both the reconstruction and continued operation of The Crab Cooker. The
proposed replacement signage is appurtenant to the approved use of the structure and is
an integral part of the Project; therefore, a new coastal development permit is not required.
5. A public hearing was held on , 2020, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in
accordance with the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The 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, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. Class 11 allows for the construction or placement of minor structures accessory to
(appurtenant to) existing commercial, industrial, or institutional facilities, including but
not limited to signs. The Project only includes signage, which is accessory to the
restaurant building that is currently under construction.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The Project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Comprehensive Sign Program
In accordance with NBMC Section 20.42.120(E) (Comprehensive Sign Programs – Standards),
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 – Comprehensive Sign Program].
Facts in Support of Standard:
1. The Project complies with the purpose of NBMC Chapter 20.42 (Sign Standards) because
it provides the Applicant with the opportunity to re-establish and preserve The Crab
Cooker’s previously existing character. It further encourages retaining the design of
signage that is complementary to the longstanding use of the Property.
2. The Project provides a mechanism for regulating the type, size, location, quantity, and
illumination of signs. A condition of approval limiting illumination has been included in this
sign program. Additionally, a condition of approval requiring subsequent approval of a
building permit prior to the installation of any signs has been included to ensure signs are
installed per the approved plans.
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3. All signage is designed to effectively identify the use by using legible text that contrasts
with the background it is placed upon. This is consistent with the adopted Citywide Sign
Design Guidelines.
4. The size and location of signs have been selected to mirror the previously existing
signage. They are intended to replicate the look of the previously existing structure,
which was involuntarily damaged beyond simple repair.
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 Property is currently being developed with a two-story restaurant building. All signs
relate visually to each other by keeping a single unified theme while retaining the former
look and branding.
2. The surrounding development along Newport Boulevard and Balboa Boulevard is
predominantly commercial uses within multi-tenant buildings. The surrounding signage
is eclectic and includes the use of wall, roof, pylon, window, awning and monument
signs. The Project will not appear out of place and is harmonious with surrounding
development and signage.
Standard:
C. The sign program shall address all signs, including permanent, temporary, and exempt
signs.
Fact in Support of Standard
1. The Project addresses all Project signage. Temporary and exempt signs not specifically
addressed in the Comprehensive Sign Program shall be regulated by the provisions of
NBMC Chapter 20.42.
Standard:
D. The sign program shall accommodate future revisions that may be required because of
changes in use or tenants.
Fact in Support of Standard:
1. While the Project has been designed to replicate the signage that was previously
existing on the demolished building, it includes enough flexibility to be effective for future
changes in use or tenant. Should any minor changes be necessary, the Community
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Development Director may approve minor revisions if the intent of the original approval
is not affected.
Standard:
E. The program shall comply with the standards of this Chapter [Chapter 20.42], 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
[Chapter 20.42].
Facts in Support of Standard:
1. The Project allows for deviations with regard to the number of signs for a single-tenant
building. The total number of signs is reasonable in order to preserve previously existing
tenant identification while integrating all new signage, as a unified statement for the
restaurant.
2. Allowing the deviation from the requirement that wall signs be located in the middle 50
percent of a frontage complements the architecture of the building, promotes a visually
appealing pattern for sign placement, and increases the visibility of signage to users
traveling along Newport Boulevard.
3. Allowing the deviation that signs located on adjacent walls of the same building must be
separated by a distance of 30 feet is appropriate given the length of the primary and
secondary frontages of the Property. The signs will be visible to both pedestrian users
and motorists on Newport Boulevard. The signage on the 22 nd Street frontage would be
especially difficult to see if it maintained the required separation; thus, making
identification of the building more difficult.
Standard:
F. The approval of a Comprehensive Sign Program shall not authorize the use of signs
prohibited by this Chapter [Chapter 20.42].
Facts in Support of Standard:
1. The Project includes the designation of a previously existing rooftop sign, as a heritage
sign. All Facts in Support of Criteria M and N below are hereby incorporated by
reference.
2. The Comprehensive Sign Program does not authorize new prohibited signs.
Standard:
G. Review and approval of a Comprehensive Sign Program shall not consider the signs’
proposed message content.
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Fact in Support of Standard:
1. The Project contains no regulations affecting sign message content.
Modification Permit
In accordance with NBMC Section 20.52.050(E) (Modification Permits – Required Findings),
the following findings and facts in support of such findings are set forth:
Finding:
H. The requested modification will be compatible with existing development in the
neighborhood;
Facts in Support of Finding:
1. The Property is located in the heart of the Balboa Peninsula at the corner of 22nd Street
and Newport Boulevard. One- and two-story nonresidential buildings that have a wide
variety of sign types surround the Project. The heart of the historic Mc Fadden Square
entertainment hub is across Newport Boulevard to the west.
2. The Project would allow replacement of previously existing signage, which was integral
to the character and charm of The Crab Cooker. Given the previous building and signage
had been in place for over 50 years, implementation of the Project will result in a new
structure that retains the same look and does not appear out of character with the
surrounding area.
3. The proposed signage would maintain the same character and remain compatible with
surrounding signage, but will be more conforming to the current standards for signage
as it will be in good repair with improved energy efficiency.
Finding:
I. 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 replacement signage is necessary to maintain and promote the historic
character of the Property. It will further continue to identify the traditional use of the
tenant space as a restaurant.
2. The building is constructed from property line to property line with approximately 150
feet of overall frontage. Not allowing an increased amount of sign area would detract
from its visual interest and would further hinder re-establishment of restaurant’s iconic
look.
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Finding:
J. The granting of the modification is necessary due to the 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 NBMC Chapter 20.42 (Sign Standards) includes protection
and enhancement of the City’s unique character and aesthetic standards, promoting
tourism through enhanced aesthetic appeal, and preservation and enhancement of the
community’s appearance. Additionally, sign standards provide each user an opportunity
for adequate identification while guarding against excessive signs. Strict application of
the Zoning Code would prohibit the replacement of character-defining features at a
prominent corner building on the Balboa Peninsula. While conforming signs are possible
through strict application of the sign standards, said application would not allow
replacement of the previously existing signage for the restaurant.
2. Signage helps create a sense of identity for an area. Not allowing the Project may result
in a loss of character, which is not in accordance with the spirit and intent of NBMC
Chapter 20.42.
3. All signage that was previously existing on the demolished structure was installed prior
to the adoption of sign standards in the NBMC and was, therefore, mostly
nonconforming. Involuntary damage occurred to the structure requiring unanticipated
reconstruction. The Applicant intends to recreate the look and feel of the former
structure. Strict application of NBMC Chapter 20.42 would hamper this effort by
eliminating several signs that were integral to the overall branding.
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; and
Facts in Support of Finding:
1. Limiting the replacement of the signage on the building, which was involuntarily
damaged, would not capture the character of the restaurant, which is an iconic
establishment for residents and visitors alike.
2. All Facts in Support of Findings I and J are hereby incorporated by reference.
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
22
Planning Commission Resolution No. PC2020-011
Page 7 of 11
01-25-19
in a change in density or intensity that would be inconsistent with the provisions of the
Zoning Code.
Facts in Support of Finding:
1. The previously existing nonconforming signage was in place for over 50 years and had
not proven detrimental.
2. The size of the signage is within scale of the signs in the surrounding area and will not
adversely affect or be detrimental to persons, property, or improvements in the
surrounding neighborhood.
3. Project approval will not result in a change in intensity or density of the existing
restaurant.
4. The new signage will be designed and fabricated of new, rust-resistant materials and
affixed to façade of the building in accordance with the Building Code.
Heritage Sign Designation
In accordance with NBMC Section 20.42.180(C) (Heritage Sign Criteria), the following criteria
and facts in support of such criteria are set forth:
Criterion:
M. The sign was erected or created at least thirty-five (35) years ago and is either
representative of a significant sign-making technique or style of a historic era or represents
entities or establishments that are an important part of Newport Beach history;
Facts in Support of Criterion:
1. Based on evidence presented by the Applicant, the fish-shaped “Don’t Look Up Here”
sign was erected over 50 years ago. It represents an iconic, longstanding restaurant that
has been integral to the fabric of the Mc Fadden Square area as an entertainment hub.
2. Using a sign shape that relates to the type of business upon which the sign is placed,
such as a fish for a fish market and seafood restaurant, is representative of a more
historic and nostalgic sign-making technique that is less frequently used today.
Criterion:
N. The sign is visually significant in at least two of the following regards:
1. The sign possesses a uniqueness and charm because it has aged gracefully;
2. The sign remains a classic example of craftsmanship or style of the period when it
was constructed and uses materials in an exemplary way;
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Planning Commission Resolution No. PC2020-011
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01-25-19
3. The sign complements its architectural surroundings or is particularly well integrated
into the structure; or
4. The sign is an inventive representation of the use, name, or logo of the building or
business.
Facts in Support of Criterion:
1. The sign is in the shape of a fish, which uniquely identifies the restaurant, and serves
as a visual landmark for its patrons.
2. The Applicant carefully removed and preserved the sign during the demolition and
reconstruction on the Property. It will be refurbished, but not refabricated, such that its
original charm is maintained.
3. The fish-shaped sign will remain as an inventive representation of the use as a fish
market and seafood restaurant, which has served residents and visitors for over 50
years.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment. The exceptions to this categorical exemption under
Section 15300.2 are not applicable.
2. The Planning Commission of the City of Newport Beach hereby approves Comprehensive
Sign Program No. CS2019-006 and Modification Permit No. MD2020-003, and designates
the fish-shaped “Don’t Look Up Here” sign as a heritage sign, subject to the conditions set
forth in Exhibit “A,” which is attached hereto and incorporated by reference.
3. 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 City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
24
Planning Commission Resolution No. PC2020-011
Page 9 of 11
01-25-19
PASSED, APPROVED, AND ADOPTED THIS
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Lee Lowrey, Secretary
25
23RD DAY OF APRIL, 2020.
Planning Commission Resolution No. PC2020-011
Page 10 of 11
01-25-19
EXHIBIT “A”
CONDITIONS OF APPROVAL
1. All proposed signs shall be in substantial conformance with the approved plans and
provisions of NBMC Chapter 20.42, unless otherwise indicated in the following
conditions.
2. The fish-shaped “Don’t Look Up Here” sign shall be maintained in accordance with
NBMC Section 20.42.180 (Heritage Signs) and shall not be removed for any reason
once installed. If it is removed, then the heritage sign designation shall be revoked.
3. Anything not specifically approved by this Comprehensive Sign Program is subject to
subsequent review and approval by the Planning Division.
4. A building permit shall be obtained prior to commencement of installation of the signs.
5. A copy of this Resolution, including Exhibit “A” shall be incorporated into the plan check
sets of plans prior to issuance of building or sign permits.
6. Illuminated signs shall be regulated in accordance with the provisions of NBMC Section
20.42.060(H). 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.
7. Prior to final of the building permit, the Applicant shall schedule a nighttime lighting
inspection with the City’s Code Enforcement Division.
8. The maximum letter and/or logo height shall be 36 inches.
9. There shall be no exposed electrical raceways as they should be integrated into the
design of the sign to the greatest degree possible.
10. Signs shall be maintained in a clean and orderly condition.
11. The Community Development Director may approve revisions to the Comprehensive
Sign Program if the intent of the original approval is not affected. Revisions that would
substantially deviate from the original approval shall require approval of a new/revised
comprehensive sign program.
12. 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.
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Planning Commission Resolution No. PC2020-011
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01-25-19
13. The Planning Commission 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.
14. 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 NBMC Title 20 Planning and Zoning.
15. 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 Crab Cooker Sign Signage and
Encroachments including, but not limited to, Comprehensive Sign Program No. CS2019-
006 and Modification Permit No. MD2020-003 (PA2019-126). 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.
27
INTENTIONALLY BLANK PAGE28
Attachment No. PC 2
Draft Resolution for Approval of Policy L-6
Waiver
29
INTENTIONALLY BLANK PAGE30
RESOLUTION NO. PC2020-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL
POLICY L-6 AND APPROVING ENCROACHMENT PERMIT NO.
N2019-0361 FOR A REQUEST TO RECONSTRUCT AND
REFURBISH PERMANENT IMPROVEMENTS WITHIN THE
PUBLIC RIGHT-OF-WAY LOCATED AT 2200 NEWPORT
BOULEVARD (PA2019-126)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by James Wasko of The Crab Cooker Restaurant (“Applicant and
Owner”), with respect to property located at 2200 Newport Boulevard, and legally
described as Lots 15 and 16 of Tract No. 814, in the City of Newport Beach, County of
Orange, State of California, as per Map recorded in Book 24, Pages 35 and 36 of
Miscellaneous Maps, in the Office of the County Recorder of said County (“Property”),
requesting a waiver of City Council Policy L-6 (Encroachments in the Public Right-of-Way)
(“Policy”) and approval of an encroachment permit.
2. The Applicant and Owner requests to reconstruct benches that encroach up to 15 inches
into the 22nd Street public right-of-way and to refurbish a freestanding clock that
encroaches up to 8 feet, 6 inches into the Newport Boulevard public right-of-way
(“Project”).
3. The requested encroachments are not specifically listed within the Policy; therefore, the
request is considered as private encroachments that are prohibited without a waiver and
approval under Section A of said Policy. Due to this prohibition, the requested
encroachment may only be approved through a waiver of the Policy and approval of an
encroachment permit by Planning Commission.
4. A public hearing was held on , 2020, in the City Council Chambers located 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 (NBMC). Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 and 15311 (Class 3 [New Construction or Conversion of Small Structures]
and Class 11 [Accessory Structures]) of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment.
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April 23
Planning Commission Resolution No. PC2020-012
Page 2 of 4
2. The Project is the construction of small private encroachments within the public right-of-
way that do not comply with the Policy and are accessory to the primary structure and use
of the Property as a restaurant.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with the Policy, the following findings and facts in support of such findings are
set forth:
Finding:
A. The proposed permanent improvements will not be a detriment to the health, safety and
welfare of the public.
Facts in Support of Finding:
1. The reconstructed and refurbished permanent private improvements will not hinder
the present or future use of the public right-of-way, including any utilities. The existing
utilities located within the encroachment area are not impacted.
2. The reconstructed and refurbished permanent improvements will not diminish the
present or future right of the public.
Finding:
B. The individual circumstances applicable to this application and the proposed encroachment
are consistent with the public interest.
Facts in Support of Finding:
1. The Project will still maintain adequate pedestrian access to Newport Boulevard
and 22nd Street sidewalks, as well as the Arcade area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby waives the Policy and
approves Encroachment Permit N2019-0361, subject to the conditions set forth in Exhibit
“A,” which is attached hereto and incorporated by reference.
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Planning Commission Resolution No. PC2020-012
Page 3 of 4
2. This action shall become final and effective fourteen (14) days following the date this
Resolution was adopted unless within such time an appeal or call for review is filed with
the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning.
PASSED, APPROVED, AND ADOPTED THIS
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Lee Lowery, Secretary
33
23RD DAY OF APRIL, 2020.
Planning Commission Resolution No. PC2020-012
Page 4 of 4
EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The Project shall be in substantial conformance with the approved site plan 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 and Owner 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 Encroachment Permit and any associated Encroachment Agreements.
4. The Applicant and Owner shall enter into an encroachment agreement within one (1)
calendar year upon receipt of approval, otherwise this approval shall automatically
expire.
5. 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 Crab Cooker Encroachment Permit for the property located at 2200
Newport Boulevard, Newport Beach, California, including, but not limited to, Encroachment
Permit No. N2019-0361. 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.
34
Attachment No. PC 3
Draft Resolution for Denial of Signage
35
INTENTIONALLY BLANK PAGE36
RESOLUTION NO. PC2020-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DENYING
COMPREHENSIVE SIGN PROGRAM NO. CS2019-006 AND
MODIFICATION PERMIT NO. MD2020-003 TO ESTABLISH A
COMPREHENSIVE SIGN PROGRAM, AND TO DESIGNATE A
HERITAGE SIGN FOR THE CRAB COOKER RESTAURANT
LOCATED AT 2200 NEWPORT BOULEVARD (PA2019-126)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by James Wasko of The Crab Cooker Restaurant (“Applicant”),
with respect to property located at 2200 Newport Boulevard, and legally described as Lots
15 and 16 of Tract No. 814, in the City of Newport Beach, County of Orange, State of
California, as per Map recorded in Book 24, Pages 35 and 36 of Miscellaneous Maps, in
the Office of the County Recorder of said County (“Property”), requesting approval of a
comprehensive sign program and a modification permit, as well as the designation of a
heritage sign.
2. The Applicant proposes to establish a comprehensive sign program for the reconstructed
“Crab Cooker” restaurant building that would allow for replacement of most of the signage
that was existing prior to its demolition. This proposal requires approval of a modification
permit to allow an increase in maximum cumulative sign area over what is allowed by the
Zoning Code. The previously existing rooftop “Don’t Look Up Here” fish-shaped sign is
proposed to be refurbished, reinstalled and designated as a heritage sign (“Project”).
3. The Property is designated Mixed Use Water Related (“MU-W2”) by the General Plan Land
Use Element and is located within the Mixed-Use Water Related (“MU-W2”) Zoning
District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed Use Water (“MU-W”) and it is located within the Mixed-Use Water Related (“MU-
W2”) Coastal Zone District. Coastal Development Permit No. CD2017-069 was approved
by the Zoning Administrator on November 16, 2017, and was made effective on December
27, 2017. This approval allowed for both the reconstruction and continued operation of The
Crab Cooker. The proposed replacement signage is appurtenant to the approved use of
the structure and is an integral part of the approved reconstruction project; therefore, a
new coastal development permit is not required.
5. A public hearing was held on , 2020, in the Council Chambers 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 Planning Commission at this hearing.
37
April 23
Planning Commission Resolution No. PC2020-011
Page 2 of 3
01-25-19
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section
15270 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3.
Projects which a public agency rejects or disapproves are not subject to CEQA review.
SECTION 3. REQUIRED FINDINGS.
Comprehensive Sign Program and Modification Permit
In reviewing this comprehensive sign program, the review authority must evaluate the
standards in NBMC Section 20.42.120(E) (Comprehensive Sign Programs – Standards) and
must also make the findings for a modification permit, as identified in NBMC Section
20.52.050(E) (Modification Permits – Required Findings). In this case, the Planning
Commission has determined the Project is inconsistent with the required standards and the
findings cannot be made for the following reasons:
1.
Heritage Sign Designation
In reviewing the request to designate the fish-shaped “Don’t Look Up Here” sign as a heritage
sign, the Planning Commission must evaluate the criteria listed in NBMC Section 20.42.180(C)
(Heritage Sign Criteria). In this case, the Planning Commission determined the sign does not
meet the criteria for the following reasons:
1.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this project is
categorically exempt from CEQA pursuant to Section 15270 of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3. Projects which a public
agency rejects or disapproves are not subject to CEQA review.
2. The Planning Commission of the City of Newport Beach hereby denies Comprehensive
Sign Program No. CS2019-006, Modification Permit No. MD2020-003, and the request to
designate the fish-shaped “Don’t Look Up Here” sign as a heritage sign.
3. 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 City Clerk in accordance
with the provisions of NBMC Title 20 Planning and Zoning.
38
Planning Commission Resolution No. PC2020-011
Page 3 of 3
01-25-19
PASSED, APPROVED, AND ADOPTED THIS
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Lee Lowrey, Secretary
3
23RD DAY OF APRIL, 2020.
INTENTIONALLY BLANK PAGE40
Attachment No. PC 4
Draft Resolution for Denial of Policy L-6
Waiver
41
INTENTIONALLY BLANK PAGE42
RESOLUTION NO. PC2020-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DENYING A REQUESTED
WAIVER OF CITY COUNCIL POLICY L-6 AND ENCROACHMENT
PERMIT NO. N2019-0361 FOR A REQUEST TO RECONSTRUCT
AND REFURBISH PERMANENT IMPROVEMENTS WITHIN THE
PUBLIC RIGHT-OF-WAY LOCATED AT 2200 NEWPORT
BOULEVARD (PA2019-126)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by James Wasko of The Crab Cooker Restaurant (“Applicant and
Owner”), with respect to property located at 2200 Newport Boulevard, and legally
described as Lots 15 and 16 of Tract No. 814, in the City of Newport Beach, County of
Orange, State of California, as per Map recorded in Book 24, Pages 35 and 36 of
Miscellaneous Maps, in the Office of the County Recorder of said County (“Property”),
requesting a waiver of City Council Policy L-6 (Encroachments in the Public Right-of-Way)
(“Policy”) and approval of an encroachment permit.
2. The Applicant and Owner requests to reconstruct benches that encroach up to 15 inches
into the 22nd Street public right-of-way and to refurbish a freestanding clock that
encroaches up to 8 feet, 6 inches into the Newport Boulevard public right-of-way
(“Project”).
3. The requested encroachments are not specifically listed within the Policy; therefore, the
request is considered as private encroachments that are prohibited without a waiver and
approval under Section A of said Policy. Due to this prohibition, the requested
encroachment may only be approved through a waiver of the Policy and approval of an
encroachment permit by Planning Commission.
4. A public hearing was held on , 2020, in the City Council Chambers located 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 (NBMC). Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section
15270 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3.
Projects which a public agency rejects or disapproves are not subject to CEQA review.
43
April 23
Planning Commission Resolution No. PC2020-012
Page 2 of 2
SECTION 3. REQUIRED FINDINGS.
In reviewing this request, the review authority must make the required findings identified within
the Policy. In this particular case, the Planning Commission has determined the required
findings cannot be made for the following reasons:
1.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies the Policy waiver
and Encroachment Permit No. N2019-0361.
2. This action shall become final and effective fourteen (14) days following the date this
Resolution was adopted unless within such time an appeal or call for review is filed with
the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning.
PASSED, APPROVED, AND ADOPTED THIS
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Lee Lowery, Secretary
4
23RD DAY OF APRIL, 2020.
Attachment No. PC 5
City Council Policy L-6
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48
49
50
51
52
53
54
55
56
57
58
Attachment No. PC 6
Applicant’s Project Description and
Justification
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66
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Attachment No. PC 7
Project Plans
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-----Original Message-----
From: Jack Selcer <jack.selcer@gmail.com>
Sent: Thursday, March 12, 2020 3:08 PM
To: Zdeba, Benjamin <bzdeba@newportbeachca.gov>
Subject: [SUSPICIOUS MESSAGE] PA2019-126
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Dear Mr. Zdeba,
We are residents on the Peninsula for over 25 years.
The Crab Cooker has been an institution in Newport Beach and specifically the Peninsula for longer than we know.
We have witnessed amateur and professional artist set up their chairs and easels to capture the uniqueness of this
beloved restaurant.
We think that through no fault of their own, the building had to be torn down and replaced. We believe that the City
should allow whatever is necessary to rebuild the Crab Cooker to as close to it’s original design as possible.
Thank you for your consideration
Respectfully,
Jack and Susan Selcer
231 20th St.
Newport Beach, Ca. 92663
Planning Commission - April 23, 2020
Item No. 3a Additional Materials Received
The Crab Cooker Signage and Encroachments (PA2019-126)
April 23, 2020, Planning Commission Item 3 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 3. THE CRAB COOKER SIGNAGE AND ENCROACHMENTS
(PA2019-126)
I support the reconstruction of this historic building in close to it historic condition. However, I
notice a number of peculiarities in the two proposed resolutions.
1.The staff report (bottom of handwritten page 9) notes that requests for the approval of a
comprehensive sign program and modification permit would typically be reviewed and acted
on by the Zoning Administrator, but in this case the application includes designation of a
heritage sign, which only the Planning Commission can grant, and per NBMC Subsection
20.50.030(B) (Concurrent Processing), multiple applications for the same project shall be
processed concurrently, and shall be reviewed and approved, modified, or denied by the
highest review authority. That leaves unclear why the present aspects of the planned
development are being considered separately, and were not part of the 2017 approval of the
minor use permit, coastal development permit, and lot merger that allowed the
reconstruction and continued operation. That would have brought the entire package before
the Planning Commission, and the replacement signage is, as Section 1.4 of proposed
Resolution No. PC2020-011 says, “an integral part” of the previously-approved project.
2.The request for the modification permit seems itself peculiar in that proposed Resolution No.
PC2020-011 contains no clear statement of what modifications from normal code
requirements are being approved.1 The staff report (handwritten page 8) indicates the
approved sign program (apparently staff report pages 71 – 94) allows an aggregate sign
area 90 square feet on the Newport Boulevard frontage, where only 70 would normally be
allowed, and 45 square feet2 on the 22nd Street frontage, where 15 would normally be the
limit.
a.Not only are the requested deviations not mentioned in the resolution (as best I can
tell), but the sign areas stated in the staff report do not match the areas mentioned in
the applicant’s description of the proposal on handwritten page 64: “Total West
[Newport Boulevard]: 110 sf”, “Total South [22nd Street]: 75 sf”.
i.The applicant’s estimates appear to refer just to the primary neon “The Crab
Cooker” wall signs and the fish-shaped heritage sign, and to accurately
reflect their sizes.
ii.Is it correct to exclude from the “aggregate” the remaining requested
signage?
1 By contrast, Section 3.E of the resolution, on handwritten page 20 attempts to describe the “deviations”
being allowed by approval of the sign program.
2 Staff’s estimate of the size of the 22nd Street “Crab Cooker” sign is particularly inexplicable since the
design is clearly intended to be identical to the Newport Blvd sign.
Planning Commission - April 23, 2020
Item No. 3b Additional Materials Received
The Crab Cooker Signage and Encroachments (PA2019-126)
April 23, 2020, PC agenda Item 3 comments - Jim Mosher Page 2 of 4
b. Neither of these mentions the proposed wall sign on the rear of the building
(handwritten page 93), which appears to be 48 sf in area. Is that a modification
as well?
3. Regarding the text of proposed Resolution No. PC2020-011:
a. Handwritten page 17, Section 1.5: “A public hearing was held on April 23, 2020, in
the Council Chambers at 100 Civic Center Drive, Newport Beach by
teleconference.” or “A public hearing was held on April 23, 2020, in the Council
Chambers at 100 Civic Center Drive, Newport Beach, supplemented by
teleconference.” – whichever is more accurate.
[The notice of the meeting leaves unclear what, if any, part of the meeting will
actually be conducted from or in the Council Chambers. Since it says the public will
be barred access to the Chambers, when this resolution is read in future years it
seems both inaccurate and deceptive for the resolution to suggest “A public hearing
was held … in the Council Chambers” – when, in fact, no such thing will, apparently,
have taken place.
It might also be noted that although Governor Newsom's Executive Order N-25-2
relaxed the rules for holding Brown Act public meetings by teleconference, it is not
at all clear the NBMC allows land use hearings to be conducted exclusively by
teleconference.]
b. Handwritten page 21, Section 3.G: “1. The Project contains no regulations affecting
sign message content.”
i. The frequent references, including in the resolution, to “the fish-shaped “Don’t
Look Up Here” sign” make it appear that the existing message content (“Don’t
Look Up Here”) is part of the historical status of the sign.
ii. Is this not the case? That is, could future owners change the copy without
losing its status as a heritage sign?
c. Handwritten page 26, Condition 1: “All proposed signs shall be in substantial
conformance with the approved plans and provisions of NBMC Chapter 20.42,
unless otherwise indicated in the following conditions.” None of the pages attached
to the staff report are clearly identified as the Comprehensive Sign Program being
submitted for approval, as would normally be the case if this were being submitted to
the Zoning Administrator.
d. Handwritten page 26, Condition 8: “The maximum letter and/or logo height shall be
36 inches.” What is the intended meaning of this condition? The maximum letter
height requested is 34” (see, for example, page 77 for the Type 14 signs).
i. Is 36” intended to supersede the 34” (that is, something “otherwise indicated”
per Condition 1)?
ii. Is 36” intended as an allowed letter size for all the signs, notwithstanding
what is shown in the exhibits?
Planning Commission - April 23, 2020
Item No. 3b Additional Materials Received
The Crab Cooker Signage and Encroachments (PA2019-126)
April 23, 2020, PC agenda Item 3 comments - Jim Mosher Page 3 of 4
e. Handwritten page 26, Condition 12: “…The mandatory reduction or elimination of
signs shall be exercised as necessary.” What is this referring to?
4. Regarding the text of proposed Resolution No. PC2020-012:
a. Handwritten page 31, Section 1.4: “A public hearing was held on April 23, 2020, in
the Council Chambers at 100 Civic Center Drive, Newport Beach by
teleconference.” or “A public hearing was held on April 23, 2020, in the Council
Chambers at 100 Civic Center Drive, Newport Beach, supplemented by
teleconference.” – whichever is more accurate. [see comment on page 17, above]
b. Handwritten page 31, Section 3.B: “1. The Project will still maintain adequate
pedestrian access to Newport Boulevard and 22nd Street sidewalks, as well as the
Arcade area.”
i. How was this determined? What is “adequate”?
ii. The staff report (handwritten page 11) says “A minimum 5-foot pedestrian
clearance will be provided at parking meter posts” but when people are
seated on the benches won’t their legs and possible accessories such as
mobility devices further narrow the available sidewalk width?
iii. Note the additional clutter of bicycles, trash cans and more (which do seem to
interfere with access) in the historical photo reproduced on handwritten page
10 of the staff report. Will the reconstructed facility have a bike rack? If
not, should one be required as a condition of approving the
encroachments?
c. Handwritten page 34, Condition 1: “The Project shall be in substantial conformance
with the approved site plan stamped and dated with the date of this approval.
(Except as modified by applicable conditions of approval.)”
i. The reference to a “site plan” is particularly confusing since handwritten
pages 76 – 77 in the staff report are labeled “site plan.” In this case, the
reference seems to be to handwritten page 95 and possibly 97.
ii. Unless the Commission chooses to add conditions, the “Except as modified”
clause seems unnecessary.
1. I am unable to find any conditions modifying the plans in the approval
as proposed.
2. Or does this refer to additional conditions that may be imposed by the
Public Works Department in granting the encroachment agreement
referred to in Condition 4?
3. Even if so, it seems redundant with the similar statement in Condition
2 “…unless specifically waived or modified by the conditions of
approval.”
Planning Commission - April 23, 2020
Item No. 3b Additional Materials Received
The Crab Cooker Signage and Encroachments (PA2019-126)
April 23, 2020, PC agenda Item 3 comments - Jim Mosher Page 4 of 4
d. Handwritten page 34, Condition 4: “The Applicant and Owner shall enter into an
encroachment agreement within one (1) calendar year upon receipt of approval,
otherwise. Otherwise, this approval shall automatically expire.”
Planning Commission - April 23, 2020
Item No. 3b Additional Materials Received
The Crab Cooker Signage and Encroachments (PA2019-126)
The Crab Cooker
Signage and Encroachments
2200 Newport Boulevard
Planning
Commission
Public Hearing
April 23, 2020
Planning Commission - April 23, 2020
Item No. 3c Additional Materials Presented
The Crab Cooker Signage and Encroachments (PA2019-126)
[Project Name][Single-slide presentation]
[Use when a full presentation is not necessary]
[Bullet point the key points about the item][“Project Overview “or “Summary
of Key Points”]
Community Development Department -Planning Division 2
The Crab Cooker
Planning Commission - April 23, 2020
Item No. 3c Additional Materials Presented
The Crab Cooker Signage and Encroachments (PA2019-126)
Background
Restaurant has operated for over 50 years
Minimal aesthetic changes
Community Development Department -Planning Division 3
Planning Commission - April 23, 2020
Item No. 3c Additional Materials Presented
The Crab Cooker Signage and Encroachments (PA2019-126)
Current
Request
Community Development Department -Planning Division 4
Install refinished/new signage
Refurbish/retain clock and benches
Planning Commission - April 23, 2020
Item No. 3c Additional Materials Presented
The Crab Cooker Signage and Encroachments (PA2019-126)
Required
Approvals
Comprehensive Sign Program (ZA)
To allow three or more nonexempt signs
Modification Permit (ZA)
To allow deviations from Chapter 20.42 (Signs)
Heritage Sign Designation (PC)
To allow “Don’t Look Up Here” fish-shaped sign
Council Policy L-6 Waiver (PC)
To allow encroachments into the right-of-way
Community Development Department -Planning Division 5
Planning Commission - April 23, 2020
Item No. 3c Additional Materials Presented
The Crab Cooker Signage and Encroachments (PA2019-126)
Sign
Program
and
Modification
Permit
Community Development Department -Planning Division 6
Creates unified statement for building
Memorializes all signage
Allows maintenance of historic character
Not incompatible with surroundings
Strict application limits reestablishment
of thematic branding
Planning Commission - April 23, 2020
Item No. 3c Additional Materials Presented
The Crab Cooker Signage and Encroachments (PA2019-126)
Heritage
Sign
Community Development Department -Planning Division 7
Historically significant
Visually significant
Once designated, unable to be altered
Planning Commission - April 23, 2020
Item No. 3c Additional Materials Presented
The Crab Cooker Signage and Encroachments (PA2019-126)
Council
Policy L-6
Waiver
Community Development Department -Planning Division 8
Planning Commission - April 23, 2020
Item No. 3c Additional Materials Presented
The Crab Cooker Signage and Encroachments (PA2019-126)
Summary
and
Action
Community Development Department -Planning Division 9
All findings made in draft resolutions for approval
Public Works Department supports encroachments and Waiver
Approval allows continuance of iconic restaurant theme
1.Hold public hearing
2.Find project exempt from CEQA
3.Adopt both Resolutions approving project
Planning Commission - April 23, 2020
Item No. 3c Additional Materials Presented
The Crab Cooker Signage and Encroachments (PA2019-126)
Thank you!
Questions?Benjamin M. Zdeba, AICP
949-644-3253
bzdeba@newportbeachca.gov
www.newportbeachca.gov
Community Development Department -Planning Division 10
Planning Commission - April 23, 2020
Item No. 3c Additional Materials Presented
The Crab Cooker Signage and Encroachments (PA2019-126)