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HomeMy WebLinkAbout20191212_Resolution_ZA2019-085Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL December 13, 2019 JB3D Attn: Helen Becerra 731 N. Main Street Orange CA 92868 h.becerra@jb3d.com Subject:  Comprehensive Sign Program No. 2019-005  Modification Permit No. MD2019-002 100 Bayview Circle 100 Bayview Circle Sign Program (PA2019-093) Dear Ms. Becerra, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on December 12, 2019 and is effective on January 3, 2020. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. For additional information on filing an appeal or should you have any questions, please contact our office at 949-644-3200 or you may contact me directly at 949-644- 3312. Sincerely, BMZ/jp cc: Granite Properties 100 Bayview Circle Suite 2060 Newport Beach, CA 92660 smeler@graniteprop.com RESOLUTION NO. ZA2019-085 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2019-005 AND MODIFICATION PERMIT NO. MD2019-002 FOR AN INCREASE IN SIGN AREA LOCATED AT 100 BAYVIEW CIRCLE (PA2019-093) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Dave Kerby of JB3D (“Applicant”), with respect to property located at 100 Bayview Circle and legally described as Lot 2 of Tract No. 12528 in the City of Newport Beach, County of Orange, State of California requesting approval of a comprehensive sign program and modification permit. 2. The Applicant proposes a comprehensive sign program to establish design parameters for signage at an existing multi-tenant, multi-story, office building. The Applicant is seeking the following deviations from the Newport Beach Municipal Code Chapter 20.42 (Sign Standards): a) The installation of wall signs above the bottom of the lowest second-story window; b) The installation of wall signs outside the middle fifty (50) percent of building or tenant frontage; c) Tenant identification signs located on adjacent walls on the same building separated by a distance of less than thirty (30) feet where the Zoning Code requires a minimum separation of thirty (30) feet measured along the exterior walls of the building; and d) The installation of up to four (4) freestanding monument signs on one (1) site, where the Zoning Code allows a maximum of one freestanding sign per site. 3. The Applicant is requesting approval of a modification permit to authorize two (2) sign types which exceed the maximum sign area allowed by the Zoning Code by more than thirty (30) percent. a) Sign Type 1 (Primary Tenant ID) – Three (3) wall signs with a maximum sign area of 252 square feet located on the façades facing Bristol Street, Bayview Place, and the private street Bayview Circle. b) Sign Type 7 (Building Entry Address) – A window sign with a maximum sign area of 450 square feet located on the windows above the building entrance on the private street Bayview Circle. Zoning Administrator Resolution No. ZA2019-085 Page 2 of 11 01-25-19 4. The subject property is designated General Commercial Office (CO-G) by the General Plan Land Use Element and is located within the PC 32 (Bayview Planned Community) Zoning District. 5. The subject property is not located in the coastal zone. 6. A public hearing was held on December 12, 2019, 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 includes construction or replacement of minor structures such as on-premise signs accessory to (or appurtenant to) existing commercial facilities. The proposed sign is incidental and accessory to the automotive dealer use of the property and will not intensify or alter the use. SECTION 3. REQUIRED FINDINGS. Comprehensive Sign Program Pursuant to Newport Beach Municipal Code (NBMC) Section 20.42.120 (Comprehensive Sign Program), the comprehensive sign program allows for an increase in sign height by twenty (20) percent above that allowed and an increase in sign area by thirty (30) percent above that allowed. The program shall comply with the standard s 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 NBMC Section 20.42.120, the following findings and facts in support of such findings are set forth: Finding: 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 Finding: 1. The proposed Comprehensive Sign Program complies with the purpose and intent of NBMC Chapter 20.42 (Sign Standards) because it provides the multi-tenant office Zoning Administrator Resolution No. ZA2019-085 Page 3 of 11 01-25-19 building with reasonable tenant identification while guarding against an excessive sign proliferation that would degrade the City’s unique character and aesthetic standards. 2. The Comprehensive Sign Program preserves and enhances community appearance by regulating the type, size, location, quantity, and illumination of all signs. 3. The Comprehensive Sign Program enhances the safety of motorists and pedestrians by minimizing the distraction of intrusive, difficult to read, or excessive signage. Finding: 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 Finding: 1. The project site is located in the Bayview Planned Community (PC 32). Professional and Administrative offices within PC 32 are allowed to be developed to a height of 95 feet. The size and location of the proposed signage is complementary to the bulk and scale of the existing building and the neighboring buildings. 2. The neighboring office building is of an identical size, shape, and design as the project site. The Comprehensive Sign Program proposes wall and monument signs that are in harmony with the approved program for the identical neighboring property. Finding: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Fact in Support of Finding: 1. The Comprehensive Sign Program includes all project signage. Any future temporary and exempt signs not specifically addressed in the program shall be regulated by the provisions of Chapter 20.42. Finding: D. The sign program shall accommodate future revisions that may be required because of changes in use or tenants. Facts in Support of Finding: 1. The Comprehensive Sign Program has been developed to be effective for commercial uses and allow flexibility for future changes in tenants. Adequate tenant identification has been provided through the increase in the number of tenant identification wall sign Zoning Administrator Resolution No. ZA2019-085 Page 4 of 11 01-25-19 locations and an increase in the number of tenant identification monument signs at the project site. 2. It is not anticipated that future revisions to the Comprehensive Sign Program will be necessary to accommodate changes in tenants or uses. However, the Community Development Director may approve minor revisions to the Comprehensive Sign Program if the intent of the original approval is not affected. Finding: E. The program shall comply with the standards of this Chapter, except that deviation are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter. Facts in Support of Finding: 1. The Comprehensive Sign Program allows for deviations with regards to the type, number, and location of wall signs. The app roval conforms to the intent of NBMC Chapter 20.42 while accommodating the unique shape of the building and the necessary deviations. 2. The building is a high rise structure, has frontages which exceed 200 feet along Bayview Place, Bayview Circle, and Bristol Street, and has multiple entrances to a subterranean parking structure. The deviation from the number of wall signs allowed per building frontage and placement of signs is appropriate given the scale of the building, the substantial number of building tenants, and the necessity to safely direct motorists to parking locations. 3. The shape of the building and project site allows for visitors to app roach the building from multiple directions. The deviation from the number of freestanding monument signs on one site is necessary to provide adequate tenant identification. Monument signs are proposed along Bayview Place, Bayview Circle, and Bristol Street. This placement ensures that visitors will be able to identify building tenants regardless of which direction they approach the site from. 4. The deviation from the standard that signs shall be located within the middle fifty (50) percent of the building or tenant frontage is appropriate due to the proposed number of signs on a large façade. The standard requirement would force the proposed signs unreasonably close together and would not visually integrate into the building design. This would create cluttered signage that would be detrimental to the overall appearance of the site. The proposed signs allow for placement where the architectural design of the building suggests and better fits within the overall scale of the building façade. 5. The deviation from the standard that signs located on adjacent walls on the same building shall be separated by a minimum of 30 feet measured along the exterior walls of the building is appropriate due to the shape and scale of the building and the nature Zoning Administrator Resolution No. ZA2019-085 Page 5 of 11 01-25-19 of the signs. The deviation occurs at the intersection of Bayview Place and Bristol Street. The signs which require the deviation are tenant identification (ID) signs and a primary building address sign. The tenant ID signs are located high above the ground level while the building address sign is located at ground level. Requiring the 30 feet of separation would needlessly create a staggered design that is not visually appealing. 6. The proposed Comprehensive Sign Program is consistent with NBMC Chapter 20.42, and is being processed concurrently with a Modification Permit consistent with Section 20.52.050 to allow the maximum sign area of certain wall and window signs to be larger than the standard Zoning Code limitations. Finding: F. The Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter [Chapter 20.42]. Fact in Support of Finding: 1. The Comprehensive Sign Program does not authorize the use of prohibited signs. Finding: G. Review and approval of a Comprehensive Sign Program shall not consider the signs’ proposed message content. Fact in Support of Finding: 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 Findings in Support of Sign Type 1 Pursuant to NBMC Section 20.42.110, deviations in sign height greater than twenty (20) percent and sign area greater than thirty (30) percent are subject to the approval of a modification permit. In accordance with NBMC Section 20.52.050 (Modification Permits), the following findings and facts in support of such findings for Sign Type 1 are set forth: Finding: H. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: 1. The project site is abutted to the north by Bristol Street and the 73 freeway, to the east by an identical twin building, to the south by a parking structure and a hotel, and to the west by a condominium complex. Zoning Administrator Resolution No. ZA2019-085 Page 6 of 11 01-25-19 2. The largest maximum sign area allowed on any of the surrounding buildings is 330 square feet (Modification Permit No. MD2005-124). 3. The requested maximum sign area for Sign Type 1 is less than the maximum sign area approved for the adjacent twin building. 4. The proposed wall sign area visually maintains compatibility with other tall buildings in the vicinity with similar scaled wall signs. 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 project site is considerably large and provides over 200 feet of frontage along the majority of the building façades. Sign Type 1 will not dominate the façades on which they are located and will be compatible with the overall massing and bulk of the building. 2. The structure utilizes geometric architecture that resu lts in multiple step pyramids adorning the building. The step pyramid shape encourages the placement of a large sign on the highest level of the pyramid. 3. The size and location of Sign Type 1 is consistent with the size and placement of a large tenant ID sign on the adjacent twin building. 4. The distance between the building and the centerline of Bristol Street, the 73 freeway, and Jamboree Road is over 60 feet, 280 feet, and 580 feet respectively. The location of Sign Type 1 near the roof line of the building and its increased size will provide enhanced visibility at further distances. 5. There are tall palm trees along both Bristol Street and Bayview Place that can obscure the view of the proposed signage. The proposed location and size will offset the height and bulk of the landscaping. Finding: J. The granting of the modification is necessary due to practical difficulties associate 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. Zoning Administrator Resolution No. ZA2019-085 Page 7 of 11 01-25-19 Facts in Support of Finding: 1. The project site is visible from the major thoroughfares Bristol Street and Jamboree Road as well as the 73 freeway. Vehicle speeds routinely exceed 55 miles per hour. 2. The requested maximum sign area for Sign Type 1 will ensure that motorists are able to both read the tenant identification signage quickly while traveling at high speeds and at an early enough interval that they are able to exit the thoroughfare to visit the business. 3. The increased size of Sign Type 1 is appropriate to the scale and height of the buildings in the area and necessary to provide adequate visibility despite the surrounding development. 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. Fact in Support of Finding: 1. The existing building is surrounded by other multi-story, high-rise, building and does not have wall areas adequately visible for a primary tenant other than up at the top of the building. This elevated location requires an increase in sign area above the allowable limits in the Zoning Code in order to be both visible and legible to motorists travelling on Bristol Street, Jamboree Road, or the 73 freeway and for pedestrian users. Finding: L. The granting of the modification would not be detrimental to pub lic 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 wall signs but will not result in a change in intensity or density of the existing general commercial office land use. 2. The size of Sign Type 1 is within the 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. The proposed locations of Sign Type 1 will not affect views for nearby properties or occupants of the neighborhood as they will be installed on an existing building. Zoning Administrator Resolution No. ZA2019-085 Page 8 of 11 01-25-19 4. The increased size of Sign Type 1 will provide better visual direction for the public from the surrounding public roadways and from a greater distance without detracting from the building’s overall aesthetic. 5. Compliance with the Zoning Code and the attached conditions of approval is required and will further ensure that the proposed signs will not be detrimental. Modification Permit Findings Not in Support of Sign Type 7 In accordance with NBMC Section 20.52.050 (Modification Permits), the Zoning Administrator finds that following facts do not support the findings necessary for Sign Type 7: Facts Not in Support of Findings: 1. The requested sign area for Sign Type 7 exceeds the largest maximum allowable sign area for the neighboring identical twin building by 120 square feet and is not consistent with approved signage in the area. 2. The requested sign area for Sign Type 7 is distracting and demands the attention of all users, including visitors to the neighboring buildings, and is not consistent with the intent and purpose of Chapter 20.42 of the Zoning Code. 3. The neighboring identical twin building has a building address sign on the fascia below the lobby window that effectively communicates the site address and lobby entrance location. 4. Vehicle speeds on Bayview Circle are not accelerated enough to necessitate a maximum sign area larger than allowed by the Zoning Code to ensure legibility. 5. A reduction in sign area for Sign Type 7 to that allowed by the Zoning Code would still allow for a unique, artistic, sign that supports first time users in locating the building and lobby entry successfully. A condition of approval has been added to limit the maximum sign area for Sign Type 7 to 48 square feet. 6. In addition to site identification, Sign Type 7 is proposed in order to provide shade to the building lobby. Shade could be provided to the lobby through the use of blinds, window film, or through vinyl stickers in an artistic shape. Zoning Administrator Resolution No. ZA2019-085 Page 9 of 11 01-25-19 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is categorically 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. 3. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive Sign Program No. CS2019-005 and Modification Permit No. MD2019-002, subject to the conditions set forth in Exhibit “A” and sign matrix parameters denoted in Exhibit “B,” which are attached hereto and incorporated by reference. 4. 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. 5. This resolution supersedes Modification Permit No. MD2008-006, which upon vesting of the rights authorized by this Comprehensive Sign Program No. CS2019-005 and Modification Permit No. MD2019-002, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF DECEMBER, 2019. _____________________________________ Gregg B. Ramirez, Zoning Administrator Zoning Administrator Resolution No. ZA2019-085 Page 10 of 11 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Locations of signs are limited to the designated areas and shall comply with the limitations specified in the Sign Matrix included in Exhibit B. 3. Sign Type 7 shall be limited to a maximum sign area of 48 square feet. 4. Sign location shall comply with the City’s line of sight requirements per City Standard STD-110-L. 5. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. 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 approval. 7. A building permit shall be obtained prior to commencement of installation of the signs. 8. Prior to final of building permits, a nighttime lighting inspection shall be conducted to confirm signage lighting will not cause a nuisance to nearby residential properties. 9. Each illuminated sign shall be subject to a thirty (30) day review period, during which time the Director may determine that a reduction in illumination or turning off of illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Director may order the dimming or turning off of any illumination found to be excessively bright. The Director’s determination will be made without regard to the message content of the sign. 10. Illuminated signs along the Bayside Place shall be turned off by 10:00 p.m. daily. 11. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 12. This Modification 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. Zoning Administrator Resolution No. ZA2019-085 Page 11 of 11 01-25-19 13. All signs must be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the Newport Beach Municipal Code. 14. 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. 15. Should the property be sold or otherwise come under different ownership, any futur e owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 16. 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. 17. 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 the City’s approval of 100 Bayview Circle Sign Program, but not limited to, Comprehensive Sign Program No. CS2019-005 and Modification Permit No. MD2019-002 (PA2019-093). 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. 100 Bayview Circle Sign Program (PA2019-093) Exhibit B 100 Bayview Circle Comprehensive Sign Program Matrix No. CS2019-005 (PA2019- 093) Name Sign Type Primary Frontage (Bristol Street) Secondary Frontages * Other Specifications Sign Type 1 (ST1) Primary Tenant ID Building Sign - Wall Maximum Number: 1 Maximum Sign Area: 252 sq. ft. Maximum Sign Height: 6’ Maximum Sign Width: 42’ Maximum Number: 2 Maximum Sign Area: 252 sq. ft. Maximum Sign/Letter/Logo Height: 6’ Maximum Sign Width: 42’ - Allowed on Secondary Frontage A and Secondary Frontage C. - One sign maximum per frontage. - Shall not exceed three total for entire building. Sign Type 2 (ST2) Secondary Tenant ID Building Sign - Wall Maximum Number: 2 Maximum Sign Area: 48 sq. ft. Maximum Sign Height: 24” Maximum Sign Width: 25’ Maximum Number: Varies Maximum Sign Area: 48 sq. ft. Maximum Sign/Letter/Logo Height: 24” Maximum Sign Width: 25’ - Allowed on Secondary Frontage A and Secondary Frontage D. - Two signs maximum per frontage. - One per tenant, per frontage. - Shall not exceed four total for entire building. 100 Bayview Circle Sign Program (PA2019-093) Exhibit B Sign Type 3 (ST3) Tertiary Tenant ID Building Sign - Wall Maximum Number: 6 Maximum Sign Area: 12 sq. ft. Maximum Sign/Letter/Logo Height: 12” Maximum Sign Width: 12’ - Allowed on Secondary Frontage B. - One per tenant. - Illumination not permitted. Sign Type 4 (ST4) Tenant Monument Freestanding - Ground Maximum Number: 1 Maximum Sign Area: 79.5 sq. ft. Maximum Sign Height: 6’ Maximum Sign Width: 13’-3” Maximum Number: 1 Maximum Sign Area: 79.5 sq. ft. . Maximum Sign Height: 6’ Maximum Sign Width: 13’-3” - Allowed on Secondary Frontage A. - Shall not exceed two total for entire site. Sign Type 5 (ST5) Building Entry Monument Freestanding - Ground Maximum Number: 2 Maximum Sign Area: 24 sq. ft. Maximum Sign Height: 6’ Maximum Sign Width: 4’ - Allowed on Secondary Frontage B. 100 Bayview Circle Sign Program (PA2019-093) Exhibit B Sign Type 6 (ST6) Primary Building Address Building Sign - Wall Maximum Number: 1 Maximum Sign Area: 29.5 sq. ft. Maximum Sign Height: 22” Maximum Sign Width: 16’ - Allowed on Secondary Frontage A. Sign Type 7 (ST7) Building Entry Address Building Sign - Window Maximum Number: 1 Maximum Sign Area: 48 sq. ft. Maximum Sign/Letter/Logo Height: 24” Maximum Sign Width: 25’ - Allowed on Secondary Frontage B. Sign Type 8 (ST8) Garage Entry Building Sign - Wall Maximum Number: 2 Maximum Sign Area: 5 sq. ft. Maximum Sign Height: 8” Maximum Sign Width: 6’-7” - Allowed on Secondary Frontage C and Secondary Frontage D. Secondary Frontages are defined as the following:  Secondary Frontage A - Bayview Place  Secondary Frontage B - Bayview Circle  Secondary Frontage C - South Garage Entrance  Secondary Frontage D - West Garage Entrance 100 Bayview Circle Sign Program (PA2019-093) Exhibit B Notes/Requirements: a) Sign locations shall be as depicted on approved plans. b) Wall signs shall be constructed of individual channel letters and attached per mounting details depicted on approved plans. c) Requirements for all signs per Municipal Code Chapter 20.42, except as provided in this sign matrix. d) Sign Designs shall be consistent with Citywide Sign Design Guidelines Manual. e) Pursuant to Section 20.42.120.F of the Zoning Code, the Community Development Director may approve minor revisions to this approval if the intent of the original approval is not affected.