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HomeMy WebLinkAbout20200423_PC_Staff Report CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 SUBJECT: The Crab Cooker Signage and Encroachments (PA2019-126) ƒ Comprehensive Sign Program No. CS2019-006 ƒ Modification Permit No. MD2020-003 ƒ 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; 1 April 23, 2020 INTENTIONALLY BLANK PAGE2 The Crab Cooker Signage and Encroachments (PA2019-126) Planning Commission, Page 2 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). 3 April 9, 2020Planning Commission, April 23, 2020 INTENTIONALLY BLANK PAGE4 The Crab Cooker Signage and Encroachments (PA2019-126) Planning Commission, Page 3 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 5 April 9, 2020Planning Commission, April 23, 2020 INTENTIONALLY BLANK PAGE6 The Crab Cooker Signage and Encroachments (PA2019-126) Planning Commission, Page 4 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: 7 April 9, 2020Planning Commission, April 23, 2020 The Crab Cooker Signage and Encroachments (PA2019-126) Planning Commission, Page 5 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 8 April 9, 2020Planning Commission, April 23, 2020 The Crab Cooker Signage and Encroachments (PA2019-126) Planning Commission, Page 6 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 9 April 9, 2020Planning Commission, April 23, 2020 The Crab Cooker Signage and Encroachments (PA2019-126) Planning Commission, Page 7 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. 10 April 9, 2020Planning Commission, April 23, 2020 The Crab Cooker Signage and Encroachments (PA2019-126) Planning Commission, Page 8 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 11 April 9, 2020Planning Commission, April 23, 2020 The Crab Cooker Signage and Encroachments (PA2019-126) Planning Commission, Page 9 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. 12 April 9, 2020Planning Commission, April 23, 2020 The Crab Cooker Signage and Encroachments (PA2019-126) Planning Commission, Page 10 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 13 April 9, 2020Planning Commission, April 23, 2020 INTENTIONALLY BLANK PAGE14 Attachment No. PC 1 Draft Resolution for Approval of Signage 15 INTENTIONALLY BLANK PAGE16 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. 17 April 23 Planning Commission Resolution No. PC2020-011 Page 2 of 11 01-25-19 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. 18 Planning Commission Resolution No. PC2020-011 Page 3 of 11 01-25-19 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 19 Planning Commission Resolution No. PC2020-011 Page 4 of 11 01-25-19 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. 20 Planning Commission Resolution No. PC2020-011 Page 5 of 11 01-25-19 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. 21 Planning Commission Resolution No. PC2020-011 Page 6 of 11 01-25-19 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; 23 Planning Commission Resolution No. PC2020-011 Page 8 of 11 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. 26 Planning Commission Resolution No. PC2020-011 Page 11 of 11 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. 31 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. 32 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 45 INTENTIONALLY BLANK PAGE46 47 48 49 50 51 52 53 54 55 56 57 58 Attachment No. PC 6 Applicant’s Project Description and Justification 59 INTENTIONALLY BLANK PAGE60 61 62 63 64 65 66 67 INTENTIONALLY BLANK PAGE68 Attachment No. PC 7 Project Plans 69 INTENTIONALLY BLANK PAGE70 6XLWH71PA2019-126Attachment No. PC 7 - Project Plans 72PA2019-126Attachment No. PC 7 - Project Plans 73PA2019-126Attachment No. PC 7 - Project Plans 74PA2019-126Attachment No. PC 7 - Project Plans 75PA2019-126Attachment No. PC 7 - Project Plans 76PA2019-126Attachment No. PC 7 - Project Plans 77PA2019-126Attachment No. PC 7 - Project Plans 78PA2019-126Attachment No. PC 7 - Project Plans 79PA2019-126Attachment No. PC 7 - Project Plans 80PA2019-126Attachment No. PC 7 - Project Plans 81PA2019-126Attachment No. PC 7 - Project Plans 82PA2019-126Attachment No. PC 7 - Project Plans 83PA2019-126Attachment No. PC 7 - Project Plans 84PA2019-126Attachment No. PC 7 - Project Plans 85PA2019-126Attachment No. PC 7 - Project Plans 86PA2019-126Attachment No. PC 7 - Project Plans 87PA2019-126Attachment No. PC 7 - Project Plans 88PA2019-126Attachment No. PC 7 - Project Plans 89PA2019-126Attachment No. PC 7 - Project Plans 90PA2019-126Attachment No. PC 7 - Project Plans 91PA2019-126Attachment No. PC 7 - Project Plans 92PA2019-126Attachment No. PC 7 - Project Plans 93PA2019-126Attachment No. PC 7 - Project Plans 94PA2019-126Attachment No. PC 7 - Project Plans iPiPiPINLETOUTLET R&RR&RRICHARD&RICHARDCONSTRUCTION COMPANY, INC.COMMERCIAL RESIDENTIAL DESIGN BUILD95PA2019-126Attachment No. PC 7 - Project Plans INTENTIONALLY BLANK PAGE96 GAS LAMPSGOOSENECKR&RR&RRICHARD&RICHARDCONSTRUCTION COMPANY, INC.COMMERCIAL RESIDENTIAL DESIGN BUILD97PA2019-126Attachment No. PC 7 - Project Plans -----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)