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HomeMy WebLinkAbout20190926_Resolution_ZA2019-063Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL October 1, 2019 Megahertz Electric Signs rob@megahertzsign.com Subject: Comprehensive Sign Program No. CS2019-007  Modification Permit No. MD2019-004 (PA2019-118) 1540 Jamboree Road Dear Rob, 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 September 26, 2019 and effective on October 10, 2019. 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. Sincerely, cc: Claudia Carver, Esquire for Jamboree Road L.P / FHC Corporation legalbriefcase@aol.com Dennis Stout - Megahertz Electric Signs dnstout@gmail.com RESOLUTION NO. ZA2019-063 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COMPRHENSIVE SIGN PROGRAM NO. CS2019-007 AND MODIFICATION PERMIT NO. MD2019-004 FOR AN INCREASE IN SIGN AREA LOCATED AT 1540 JAMBOREE ROAD (PA2019-118) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Megahertz Electric Signs, with respect to property located at 1540 Jamboree Road, and legally described as Parcel No. 1 of Resubdivision No. 460 requesting approval of a comprehensive sign program and modification permit. 2. A request to update an existing comprehensive sign program for a recently remodeled building occupied by two automotive dealerships. Included in the request is a modification permit to allow an increase in overall sign area. If approved, this Comprehensive Sign Program and Modification Permit would supersede Comprehensive Sign Program No. CS2007-012 (PA2007-231) and Staff Approval No. SA2012-005 (PA2012-002). The proposed requires the following deviations from Newport Beach Municipal Code Chapter 20.42 (Sign Standards): Comprehensive Sign Program a) The installation of three wall signs on the primary frontage, where the Zoning Code only allows one wall sign for each tenant; b) The installation of wall signs outside the middle fifty (50) percent of tenant frontages; c) Proposed logo height of 3 feet, 6 inches for the Land Rover wall sign (Sign 2) located on the primary frontage. The Zoning Code allows for a maximum sign logo height of 3 feet (16.66 percent increase); d) Proposed number of four freestanding signs on one site, where the Zoning Code allows a maximum of one freestanding sign per site. e) Proposed height of one monument sign at 7 feet, 3 inches (Sign 6), where the Zoning Code allows for a maximum height of 6 feet; f) Proposed setback for freestanding signs near a driveway of 5 feet (Sign 4); 1 foot, six inches (Sign 6); and 2 feet (Sign 7), where the Zoning Code requires a 10-foot setback from driveways; and Zoning Administrator Resolution No. ZA2019-063 Page 2 of 10 01-25-19 g) Proposed addition of a customer promise sign type, where the Zoning Code allows custom signage through a comprehensive sign program. Modification Permit a) Proposed sign area of 117 square feet for the Jaguar wall sign (Sign 1) and 148 square feet for the Land Rover wall sign (Sign 2), both located on the primary frontage facing Jamboree Road. The Zoning Code allows a maximum of 75 square feet for wall signs located on the primary frontage (an increase of 56 percent for Sign 1 and 97.33 percent for Sign 2); 3. The subject property is designated General Commercial (CG) by the General Plan Land Use Element and is located within the Land Rover (PC 20) Zoning District. 4. The subject property is not located within the coastal zone; therefore, a coastal development permit is not required. 5. A public hearing was held on September 26, 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 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 (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. Zoning Administrator Resolution No. ZA2019-063 Page 3 of 10 01-25-19 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 standards of the Zoning Code, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs. In accordance with 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 automotive dealership with adequate identification while guarding against an excessive sign proliferation. The Comprehensive Sign Program preserves and enhances community appearance by regulating the type, size, location, quantity, and illumination of signs. 2. The proposed wall, monument, and pylon signage are necessary to adequately identify the branding for the several automotive dealership s and navigate on-site traffic circulation. 3. The addition of the customer promise sign (Sign 4) helps the automotive dealers convey the merits of their certified pre-owned program. The sign is compatible with others proposed in this request - including size, height, materials, and location - and will serve to strengthen brand value. 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 number and location of signs will not contribute to an overabundance of signage that will have a detrimental effect on the neighborhood. The proposed number of signs on 1540 Jamboree Road will enhance the development by providing adequate identification to motorists travelling on Jamboree Road. Zoning Administrator Resolution No. ZA2019-063 Page 4 of 10 01-25-19 2. All proposed signage will utilize metallic tones and will be in harmony with the character and architectural style of the subject building. The size and location of the signage is also complementary to the bulk and scale of the site. 3. Sign 4 is a pedestrian-oriented sign located at one of the two driveway entrances in proximity to Jamboree Road. The sign should be located in a location where pedestrians are likely to located if feasible. Finding: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Fact in Support of Finding: 1. The 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. 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 approval conforms to the intent of NBMC Zoning Administrator Resolution No. ZA2019-063 Page 5 of 10 01-25-19 Chapter 20.42, and enhances the overall development by integrating the project’s signs to be appropriately located and scaled. 2. 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 logo size and sign area to be larger than the standard Zoning Code limitations in order to increase the visibility of the signs. 3. 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 signs too close in proximity to each other, creating cluttered signage that would be detrimental to the overall appearance of the development. 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 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 are set forth: Finding: H. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: Zoning Administrator Resolution No. ZA2019-063 Page 6 of 10 01-25-19 1. The subject property is located in the Land Rover (PC 20) Zoning District and abuts the Newport Beach Police Department to the south. The increase in logo height and sign area is compatible with the existing development in the neighborhood because there are several other commercial uses located along Jamboree Road that employ t he use of similar signage and logos for identification purposes, such as the nearby gas station signage and monument signs. 2. The building façade of 1540 Jamboree Road measures approximately 165 feet in width on the primary frontage. Given the width of the building façade and the height of the building at approximately 26 feet, 6 inches, the increased logo height and area of the wall signs and increased height of the monument signs are compatible with the overall massing and bulk of the building. 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 wall signs for the primary frontage of 1540 Jamboree Road serve as the main identification for motorists travelling east and west on Jamboree Road. The Police Station located on 870 Jamboree Road and a gas station at 1550 Jamboree Road obstruct the visibility of the dealership. Jamboree Road, moreover, is designated as a Major Roadway (six lane divided) by the Public Works Department and has a speed limit of 55 miles per hour. Considering the site’s location and orientation on Jamboree Road, an increase in logo height and area for the logo signs are necessary to assist motorists in identifying the dealership during heavy vehicular traffic. 2. The building façade of 1540 Jamboree measures approximately 165 feet in width on the primary frontage. Given the width of the building facade and the height of the building at approximately 26 feet, 6 inches, the increased height and area of the wall signs are compatible within the overall massing and bulk of the building. 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. Facts in Support of Finding: 1. The purpose and intent of the sign regulations is to provide users adequate identification while preserving and enhancing the community’s appearance by regulating the type, size, location, quality, design, character, scale, color, illumination, and maintenance of signs. The sign regulations also encourage the design of signs to be complementary to the buildings and uses to which they relate and are harmonious with their surroundings. Zoning Administrator Resolution No. ZA2019-063 Page 7 of 10 01-25-19 2. The proposed increase in the maximum logo height and area does not interfere with the purpose and intent of the Zoning Code as it provides for adequate identification of the site while guarding against the excessive and confusing proliferation of signs. The proposed increase addresses the practical difficulty of reduced visibility for motorists traveling in heavy vehicular traffic on Jamboree Road and to identify the dealership location. Finding: K. There are no alternatives to the modification permit that could provide similar benefits to the applicant with less potential detriment to surrounding owne rs and occupants, the neighborhood, or to the general public. Fact in Support of Finding: 1. NBMC Section 20.42.060 (Provisions Applying to All Sign Types) allows a maximum logo height of 36 inches. Section 20.42.070 allows a maximum sign area of 1.5 times the tenant frontage or 75 square feet maximum. Due to the design of the building frontage, the increased logo height and area for the wall signs are necessary to provide improved identification for the subject property. The proposed signage is necessary due to the size of the site and location of the building. Due to the length of the building frontage and its orientation to Jamboree Road, the increased size is necessary to provide site identification. There are no alternatives that would provide adequate visibility to motorists travelling on Jamboree Road. 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 number and size of the wall signs, but will not result in a change in intensity or density of the existing commercial use. 2. The size of the wall signs are 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. Compliance with the Municipal Code and the attached conditions of approval is required and will further ensure that the proposed use will not be detrimental. Zoning Administrator Resolution No. ZA2019-063 Page 8 of 10 01-25-19 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive Sign Program No. CS2019-007 and Modification Permit No. MD2019-004, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days 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. 3. This resolution supersedes Comprehensive Sign Program No. CS2007-012 (PA2007- 231) and Staff Approval No. SA2012-005 (PA2012-002), which upon vesting of the rights authorized by this Comprehensive Sign Program No. CS2019-007 and Modification Permit No. MD2019-004, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF SEPTEMBER, 2019. _____________________________________ James Campbell, Zoning Administrator Zoning Administrator Resolution No. ZA2019-063 Page 9 of 10 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 Attachment No. ZA 4. 3. Sign location shall comply with the City’s line of sight requirements per City Standard STD-110-L. 4. The location of Sign 4 shall be modified by the applicant to the satisfaction of the Zoning Administrator. 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. 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. 9. 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. 10. All signs must be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the Newport Beach Municipal Code. 11. The signs’ visual character and mounting heights shall comply with the California Building Code. 12. 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. 13. Should the property be sold or otherwise come under different ownership, any future Zoning Administrator Resolution No. ZA2019-063 Page 10 of 10 01-25-19 owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 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 Title 20 Planning and Zoning of the Newport Beach Municipal Code. 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 Jaguar and Land Rover Signage, but not limited to, Comprehensive Sign Program No. CS2019-007 and Modification Permit No. MD2019-004 (PA2019-118). 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.