HomeMy WebLinkAbout20191127_ZA Action LetterFrom: Achis, Patrick
Sent: Wednesday, November 27, 2019 3:41 PM
To: 'ccottam@calcraft.com'
Cc: 'issamghreiwati@hotmail.com'; 'Cory Olsen'; Lee, Amanda; Palencia, Ketshy
Subject: Comprehensive Sign Program No. CS2019-011 (PA2019-163)
Attachments: Action Letter_PA2019-163.pdf
Hello:
Please find attached the Staff Action letter for Comprehensive Sign Program No. CS2019-011 approved
by the Zoning Administrator on Wednesday, November 27, 2019. Please note there is a 14 day appeal
period before the Sign Program is effective.
Please let me know if you have any questions.
Best,
PATRICK ACHIS
Community Development Department
Planning Technician
pachis@newportbeachca.gov
949-644-3237
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 | newportbeachca.gov
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
ZONING ADMINISTRATOR ACTION LETTER
Subject: Chevron Comprehensive Sign Program No. CS2019-011
(PA2019-163)
Site Location 1461 Superior Avenue
Applicant Calcraft Corporation
Legal Description Parcel 1 of Lot Line Adjustment 95-10, 1996 as Instrument No.
960137624, Official Records
On November 27, 2019, the Zoning Administrator approved Comprehensive Sign Program
No. CS2019-011 for a recently renovated service station with a new operator. The
property is located within the Commercial Neighborhood (CN) Zoning District. The General
Plan Land Use Element category is Neighborhood Commercial (CN). The property is not
located within the coastal zone.
The purpose of a comprehensive sign program is to integrate all of a project’s signs. A
comprehensive sign program also provides a means for the flexible application of sign
regulations for projects that require multiple signs in order to provide incentive and latitude
in the design and display of signs, and to achieve, not circumvent, the purpose of Newport
Beach Municipal Code (NBMC) Chapter 20.42 (Sign Standards).
A comprehensive sign program is required whenever three or more nonexempt signs are
proposed for a single-tenant development. Pursuant to NBMC Section 20.42.120
(Comprehensive Sign Program), a comprehensive sign program can allow 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. Deviations are also allowed with regard to total
number and location of signs provided the required findings of the Zoning Code could be
supported. The applicant requests to allow the following deviations from the sign standards
of the Zoning Code:
1. Maximum area of 7.6 square feet for a canopy sign (Sign 1), where the Zoning Code
allows a maximum of 6 square feet resulting in a 26.66 percent increase in area;
2. Maximum logo height of 42 inches (Sign 3), where the Zoning Code allows a maximum
logo height of 36 inches resulting in a 16 percent increase in height;
3. Maximum area of 27 square feet for a wall sign (Sign 3) on a 22.75-foot building frontage,
where the Zoning Code allows a maximum of one square foot for each lineal foot of
building frontage resulting in an 18.68 percent increase in area; and
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4. Six service island signs, including two methods of sale signs, two logos, and two fuel
pump number signs per service island (Signs 5, 6 and 7), where the Zoning Code allows
for a total of two signs on each service island.
In accordance with NBMC Section 20.42.120, the following findings and standards
support approval of the proposed Comprehensive Sign Program facts in support of such
findings are set forth:
Finding
A. The project is exempt from environmental review under the requirements of the
California Environmental Quality Act pursuant to Section 15311, Class 11 (Accessory
Structures).
Fact in Support of Finding
1. Class 11 exempts minor structures accessory to existing commercial facilities,
including signs. The proposed signs are incidental and accessory to the principal
commercial use of the property as a service station and do not intensify or alter the
use.
Standard
B. 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 purpose of a comprehensive sign program is to integrate all of a project’s signs.
The font, colors, and materials of both the wall and canopy signs will complement the
architecture and colors of the site.
2. A comprehensive sign program is required whenever three or more nonexempt signs
are proposed for a single-tenant development. The request is for one new wall sign on
an existing food market and three new canopy signs on the existing fuel station. The
proposal also includes service island signs and the replacement of the faces of a
nonconforming fuel price sign. Pursuant to the City of Newport Beach Design Guidelines
for Service Stations, multiple uses on the same site are encouraged to share space on
freestanding signs, rather than provide individual signage. The proposed change to the
faces of the nonconforming sign aligns with this guideline because the market and car
wash uses are identified alongside the fuel prices and do require separate freestanding
signage.
3. The canopy signage provides necessary identification for motorists in close proximity,
while the fuel price sign allows the service station to be identified by motorists from a
farther distance. Since the service station is located on a corner lot between two major
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streets (Superior Avenue and Placentia Avenue), the proposed signage is necessary
to identify the station to vehicles traveling from multiple directions of the intersection.
4. Approval of this Comprehensive Sign Program includes deviations to the number,
height, and size of signs. It allows the flexible application of the sign regulations to
achieve a unified design theme through consistency of design, appropriate locations,
and materials.
5. The Comprehensive Sign Program is consistent with the Citywide Sign Design
Guidelines Manual, as well as the Service Station Design Guidelines. The proposed
signs are designed to be compatible with the building in terms of size, location,
legibility, and materials. All wall signs effectively identify the service station without
creating sign clutter by using legible text and contrasting with the background. The
size of the signs does not dominate the façades, but are appropriately located to
identify the service station to vehicles travelling towards the property.
Standard
C. 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 site is developed as a service station with several structures and uses, including
individual service islands, a large canopy, a car wash, and a food market. One wall
sign, one fuel price sign, three canopy signs, and multiple service island signs are part
of the comprehensive sign program to allow for adequate identification of the various
uses.
2. The wall sign on the food market will be centered on the building frontage over the
access doors adding visual appeal with a symmetrical design. The increased size and
area of the signs within the maximum allowable percentage increase pursuant to the
Zoning Code with a Comprehensive Sign Program will make the signage more
prominent to customers without appearing out of place. It would also be consistent
with the bulk and scale of the building façade. As conditioned, the cabinet sign design
will comply with the provisions of NBMC Section 20.42.060(H) (Illuminated Signs and
Lights).
3. The existing fuel price sign located near the intersection of Superior Avenue and
Placentia Avenue is nonconforming due to height and will be allowed to remain until
replacement is needed in the future, in accordance with NBMC Section 20.42.140
(Nonconforming Signs). Condition of Approval No. 7 is included to ensure the proposal
for the nonconforming sign is limited to reface work only, no structural work or physical
modifications to the sign are allowed. The proposal maintains the exact dimensions of
the existing sign and will not further intensify any nonconforming features. The fuel
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price sign is located in an existing landscaped area, making the sign visually appealing
to the surrounding development.
4. The proposed signs will not obstruct public views from adjacent roadways because
there are no public views through or across the subject property.
5. The Public Works Department has reviewed the signage and they determined that the
proposed signs will not interfere with necessary sight distance for motorists and
pedestrians at the streets, driveways and parking areas.
Standard
D. The sign program shall address all signs, including permanent, temporary, and
exempt signs.
Fact in Support of Standard
The Comprehensive Sign Program addresses all project signage. Temporary and exempt
signs not specifically addressed in the sign program shall be regulated by the provisions of
NBMC Chapter 20.42 (Sign Standards).
Standard
E. The sign program shall accommodate future revisions that may be required because
of changes in use or tenants.
Facts in Support of Standard
1. The Comprehensive Sign Program is designed to be effective for the service station
and ancillary services it provides (i.e., food mart and car wash) by providing
additional sign opportunities.
2. The Comprehensive Sign Program establishes allowed type, number, location, and
area of signage and provides flexibility requirements to accommodate existing and
future service station operators.
3. It is not anticipated that future revisions to the program will be necessary to
accommodate normal changes in tenants or uses. Consistent with NBMC Chapter
20.42, the Director may approve minor revisions to the Comprehensive Sign
Program if the intent of the original approval is not affected.
4. Currently, there is one fuel price sign that is legal nonconforming. This sign may
remain in place, but may not be structurally altered. If there are proposed changes
to this signs in the future, it is required to be brought up to conformance with the
standards of this sign program and NBMC Chapter 20.42 or its successor chapter.
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Standard
F. 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. This Comprehensive Sign Program allows for deviations regarding the number and
area of signs. The approval conforms to all other standards of NBMC Chapter 20.42,
and enhances the overall development by integrating all of the project’s signs with
the overall site and structure design into a unified statement.
2. Allowing deviation from the Zoning Code for the size of logo signs allowed on the
canopy is appropriate given the location and orientation of the building. The service
station is located on a corner lot between Superior Avenue and Placentia Avenue,
both of which are streets with heavy vehicular traffic. The increased logo size will
serve to enhance the identification of the service station for motorists travelling on
both Superior Avenue and Placentia Avenue. Additionally,
3. Allowing deviation from the Zoning Code for the installation of six service island
signs, including two methods of sale signs, two logos, and two fuel pump number
signs per service island, where the Zoning Code only allows for one service island
sign, is appropriate because the additional signage will make the fuel pump numbers
more prominent and help customers identify which pump they are using.
4. Allowing deviation from the Zoning Code for the installation of a 42 inch in height,
27-square-foot wall sign on a 22.75-foot building frontage; where the Zoning Code
allows one square foot for each lineal foot of building frontage with a maximum
height of 36 inches, is appropriate because the signage uses negative space in its
design and is aesthetically consistent with the building façade, including bulk and
scale.
Standard
G. 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 Standard
1. The Comprehensive Sign program does not authorize the use of prohibited signs.
Standard
H. Review and approval of a Comprehensive Sign Program shall not consider the signs’
proposed message content.
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Fact in Support of Standard
1. The Comprehensive Sign Program contains no regulations affecting sign
message content.
CONDITIONS
1. All proposed signs shall be in substantial conformance with the approved plans,
Comprehensive Sign Program Matrix Table, and provisions of NBMC Chapter 20.42,
unless otherwise indicated in the following conditions.
2. Anything not specifically approved by this Comprehensive Sign Program is subject
to further review and may be prohibited.
3. A building permit and/or sign permit shall be obtained prior to commencement of
installation or demolition of signs.
4. A copy of this letter in its entirety shall be incorporated into the plan check sets of
plans prior to issuance of building or sign permits.
5. Illuminated signs shall be regulated in accordance with the provisions of NBMC
Section 20.42.070. 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.
6. Signs shall be maintained in a clean, orderly, and working condition.
7. The nonconforming fuel sign shall not be structurally altered, although its copy and
pictorial content may be changed. Copy and content changes shall not require
structural change to the sign structure.
8. The landscape hedge around the base of the ground signs shall be maintained.
9. 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 by the Zoning Administrator.
10. Any future revisions or changes to the signs approved by this Comprehensive Sign
Program due to a change in the use or tenants of the building shall be reviewed and
approved by the Planning Division, so long as the sign size, copy configuration, and
number of signs authorized by this approval does not substantially change or
increase. The mandatory reduction or elimination of signs shall be exercised as
necessary.
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11. The Zoning Administrator 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.
12. 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.
13. 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 Chevron
Comprehensive Sign Program including, but not limited to Comprehensive Sign
Program No. CS2019-011 (PA2019-163) and the determination that the project is
exempt under the requirements of the California Environmental Quality Act. 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.
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community
Development, within fourteen (14) days following the date the action or decision was
rendered. For additional information on filing an appeal, contact the Planning Division at
949-644-3200.
Prepared by: Approved by:
BMZ/pa
Attachments: ZA No. 1 Vicinity Map
ZA No. 2 Comprehensive Sign Program Matrix
ZA No. 3 Project Plans
Attachment No. ZA 1
Vicinity Map
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VICINITY MAP
Comprehensive Sign Program No. CS2019-011
PA2019-163
1461 Superior Avenue
Subject Property
Attachment No. ZA 2
Comprehensive Sign Program Matrix
Exhibit “B”
Sign Program Matrix
Sign Type Sign Regulations
Canopy Sign Sign 1
Maximum number: 2
Area: 7.8 square feet.
Maximum Height: 1’-3”
Sign 2
Maximum number: one
Area: 4 square feet
Maximum Height: 22”
Wall Sign Sign 3
Maximum Number: 1
Area: 27 square feet
Maximum Height: 42”
Fuel Price Sign Sign 4
Existing nonconforming sign limited to copy and
pictorial changes only. Sign area shall not exceed the
existing 59.24 square feet or existing height of 22’, 4”.
(See Detail 4 on plan sheet SN1, dated 11/01/2019)
Service Island Signs Sign 5
Maximum Number: 2 per service island
Area: .5 square feet
Maximum Height: 4-¾ ”
Sign 6
Maximum Number: 2 per service island, double-sided
Area: 1 square foot
Height: 10-¾”
Sign 7
Maximum Number: 2 per service island, double-sided
Area: .5 square feet
Maximum Height: 7”
a) Requirements for all signs per Municipal Code Chapter 20.42, except as provided in this sign
matrix.
b) Sign designs shall be consistent with Citywide Sign Design Guidelines Manual
c) Sign area is the area measured by two perpendicular sets of parallel lines that surround the
proposed logo and sign copy. All signs shall substantially conform to the approved attached sign
matrix.
d) Pursuant to Section 20.42.120.F of the Zoning Code, the Community Development Director
may approve minor revisions to this approval if the intent of the original approval is not affected.
Attachment No. ZA 3
Project Plans