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HomeMy WebLinkAbout20200312_Resolution_ZA2020-024Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL March 13, 2020 Shawna Schaffner CAA Planning sschaffner@caaplannning.com Subject: CDP No. CD2019-070 Modification Permit No. MD2019-007 (PA2019-209) 1401 and 1402 Newport Center Drive Newport Center Monument Signs Dear Ms. Shaffner, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on March 12, 2020 and effective on March 27, 2020. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, BMZ/msw cc: Irvine Company Retail Properties cgilmore@irvinecompany.com 05-14-19 RESOLUTION NO. ZA2020-024 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MODIFICATION PERMIT NO. MD2019-007 AND COASTAL DEVELOPMENT PERMIT NO. CD2019-070 TO REPLACE AND INCREASE THE SIZE OF TWO EXISTING MONUMENT SIGNS LOCATED AT 1401 AND 1402 NEWPORT CENTER DRIVE (PA2019-209) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Irvine Company Retail Properties (Applicant), with respect to properties located at 1401 and 1402 Newport Center Drive, requesting approval of a modification permit and coastal development permit. 2.The lot at 1401 Newport Center Drive is legally described as Parcel A in Resubdivision 0465 and the lot at 1402 Newport Center Drive is legally described as Parcel A in Resubdivision 1006. 3.The Applicant requests a modification permit and coastal development permit to amend previously approved Modification Permit No. MD2011-018 for two freestanding, double faced signs located at the northeast and northwest corners of the intersection of East Coast Highway and Newport Center Drive. The amended Modification Permit would allow an increased maximum sign height of 10 feet, 3 inches and maximum width of 13 feet, 9 inches. The amended Modification Permit would also allow an increased maximum sign area of 93 square feet. Each sign is located on a separate parcel, 1401 and 1402 Newport Center Drive. 1402 Newport Center Drive is located within the Coastal Zone and requires a coastal development permit that includes a variance to the maximum height allowance and a modification to the 75-square-foot maximum sign area allowance for a monument sign in Title 21 (Local Coastal Program Implementation Plan). This Modification Permit will supersede and replace Modification Permit No. MD2011-018. 4.The subject properties are designated Open Space (OS) by the General Plan Land Use Element. 1401 Newport Center Drive is located within the PC-17 (Corporate Plaza) Zoning District and 1402 Newport Center Drive is located within the PC-40 (Corporate Plaza West) Zoning District. 5.The property at 1401 Newport Center Drive is not located in the coastal zone. The property at 1402 Newport Center Drive is located within the coastal zone. The Coastal Land Use Plan category is Open Space (OS) and it is located within the PC-40 Corporate Plaza West Coastal Zone District. 6.A public hearing was held on March 12, 2020, in the Community Room 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 Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2020-024 Page 2 of 12 02-03-2020 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1.This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15311, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 11 (Accessory Structures), because it has no potential to have a significant effect on the environment. Class 11 allows for the construction or replacement of minor accessory structures to existing commercial facilities. The proposed project is the replacement of signs accessory to the Fashion Island/Newport Center regional commercial area. 2.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. Modification Permit Pursuant to NBMC Section 20.42.110 (Modification Permit), deviations in sign height greater than 20 percent and sign area greater than 30 percent are subject to the approval of a modification permit. In accordance with NBMC Section 20.52.050 (Modification Permits), the following findings and facts in support of such findings are set forth: Finding: A.The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: 1.The proposed replacement monument signs will maintain their existing location within the ¼--round landscape areas on both sides of the Newport Center Drive entrance into Newport Center from East Coast Highway. The monument signs are accessory to the primary use of a landscaped entry point to Newport Center. These areas are open space entry points to Newport Center. These landscaped areas create an enhanced entry and serve as the only entry from East Coast Highway. The nominal increase in the size and scale of the signs are complementary to the landscape areas and will not significantly diminish nor will they negatively impact the open space character. Zoning Administrator Resolution No. ZA2020-024 Page 3 of 12 02-03-2020 2.The proposed size and scale of the signs are complementary to the approximately 1.5 acres each landscape areas and will not significantly diminish or negatively impact the open space character. 3.Use Permit No. UP3131, originally approved in 1985, and subsequently amended in 1989, and again in 1993, allowed for the installation of a network of freestanding signs at the major entrances into Newport Center. The development consists of freestanding cube and monument signs at the Santa Barbara entrance from Jamboree Road, the Santa Cruz Road and Santa Rosa Drive entrances from San Joaquin Hills Road, the San Miguel Drive entrance from MacArthur Boulevard, the southwest corner of San Joaquin Hills Road and MacArthur Boulevard, and the northeastern and southeastern corners of Jamboree Road and San Joaquin Hills Road. Also included are the two freestanding pylon signs located in the center median of the Newport Center Drive entrance into Newport Center from East Coast Highway. While all the signs were originally approved to identify Newport Center, they (except the pylon signs within the Newpo rt Center Drive median) were modified over time to identify tenants within Newport Center and Fashion Island. The modifications were a result of Fashion Island’s reputation for attracting shoppers from a larger region who were less familiar with the local road system. The additional signage and tenant identification was necessary for increased visibility to alert motorists traveling to the regional business and shopping center. 4.In 2011, the Zoning Administrator approved Modification Permit No. MD2011-018 to allow the addition of two 7-foot by 13-foot wide freestanding monument signs into the identification signage network for Fashion Island/Newport Center area. The Modification Permit was necessary because the development standards for the placement of signs within PC-17 and PC-40 only identify building and tenant signs within each PC and did not include signs identifying buildings or tenants within the Center. PC-17 and PC-40 stipulate that the Zoning Code will apply to situations not identified in the text of the development standards. The Local Coastal Program Implementation Program was not in effect at this time. 5.The height of the proposed monument signs are 10 feet, 3 inches as compared to the other existing entrance freestanding signs, which are either monument or cube - shaped and range in height from 8 feet, 6 inches to 11 feet, 6 inches, except the two existing pylon signs which are 43 feet in height within the center median of Newport Center Drive. Though the proposed signs vary in size and shape as compared to the other existing freestanding signs, they were designed to: 1) be in scale and character of their immediate surroundings; and 2) provide a similar benefit as the existing signs by identifying individual tenants within Newport Center and Fashion Island from a major entrance. 6.The proposed signs will allow the materials and construction features and lettering to remain up to date and similar to the existing pylon signs located within the median of Newport Center Drive entrance into Newport Center from East Coast Highway. Zoning Administrator Resolution No. ZA2020-024 Page 4 of 12 02-03-2020 7.The proposed monument signs do not include an address plate, which is consistent with the other existing freestanding identification signs located throughout Newport Center. Finding: B.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.Newport Center is a regional center for business and commerce. The commerce component of Newport Center, Fashion Island, is located behind existing office buildings and screened from view from East Coast Highway. Consequently, the location, sign area, content, height, and width of the proposed signs are necessary to provide adequate identification of key tenants within the Fashion Island area from East Coast Highway. The signage will enable motorists to identify more clearly destination points and the Newport Center Drive access to Fashion Island from East Coast Highway. 2.The replacement monument signs are a logical design for this development, including the decorative base and cap, which will be consistent with all other similar signage. In addition, the replacement signs, when viewed in collaboration with the existing pylon signs provide greater project and tenant identification to the site. Finding: C.The granting of the modification is necessary due to 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 proposed signs do not interfere with the intent or purpose of the Zoning Code as they provide for adequate identification of the site while guarding against the excessive and confusing proliferation of signs. The signs attract and invite rather than demand the public’s attention. Their design is complementary to the area and uses to which they relate and harmonious with their surroundings. 2.The granting of the Modification Permit is necessary to update and replace the existing modification permit to allow for deviations to the monument signs for sign height, width and area as well as the sigh copy to maintain the tenant names. 3.Providing tenant names, as the existing signs and the replacement signs do, provide greater convenience to motorists offering adequate identification of key uses, which are not visible or otherwise not recognized, within Fashion Island from East Coast Highway. Additionally, tenant names on monument signs are common Zoning Administrator Resolution No. ZA2020-024 Page 5 of 12 02-03-2020 throughout the City of Newport Beach and throughout regional business and commerce centers. 4.PC-17 and PC-40 regulations do not specify limitations on the height, width, or sign area of monument signs. Zoning Code regulations limit the maximum height to 8 feet (6 feet average), the maximum width 9 feet, and the maximum sign area to 75 square feet. Modification Permit No. MD2011-018 was approved to allow the monument signs to be 7 feet tall by 13 feet wide and 91 square feet in area. The proposed replacement monument signs with a decorative base and cap are 10 feet, 3 inches tall by 13 feet, 9 inches in width and a sign area of 93 square feet. 5.The increase in the height, width and sign area of the proposed monument signs is necessary in order to provide greater visibility for the entrance into Newport Center from Newport Center Drive and to allow the signs to be developed in scale with and complementary to their surroundings. The increase is less than that of the other freestanding signs located at the other perimeter entrances into Newport Center. The increased width and height of the proposed monument signs is justified due to the large 1.5 acre, ¼-round landscape areas surrounding the signs, which provides for a greater area of open space as compared to other open space corners within Newport Center. The increase in sign area is a direct result of the overall increased dimensions of the signs and the need for greater visibility for the entrance into Newport Center. Finding: D.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. Facts in Support of Finding: 1.The proposed replacement monument signs are a logical design solution to identify key tenants from the outer perimeter of the Newport Center Drive entrance from East Coast Highway. The signs will be in scale with the existing development and complement the two existing pylon signs. 2.Due to the amount of retail and office space within the center as well as the location and configuration of the buildings and roadways, the monument signs of an increased height, width and sign area that identify the individual tenants will provide greater convenience and visibility for motorists to the site. 3.There are no other direct entrances into Newport Center from East Coast Highway offering adequate visibility for the proposed signs and/or other tenant identification ground signs. It is the only entrance with open space suitable for signs necessary to alert motorists that they are approaching the entrance into Newport Center. Zoning Administrator Resolution No. ZA2020-024 Page 6 of 12 02-03-2020 Finding: E. The granting of the modification would not be detrimen tal to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding: 1. The replacement monument signs will be constructed on private property at the intersection of Newport Center Drive and East Coast Highway. They will neither change the density or intensity of the existing commercial use nor affect the flow of light or air to adjoining residential properties. 2. The monument signs, as conditioned, will not interfere with sight distance from any street or driveway. The City Traffic Engineer has reviewed the replacement signs for sight distance requirements. A condition is in place to require final review of plans prior to permit issuance by the City Traffic Engineer. 3. The existing freestanding identification signs located throughout Newport Center at the major entrances have not proven to be detrimental. 4. The listing of tenant on the monument signs promotes public safety by making this information more visible to motorists driving through a heavily traveled, high-speed intersection and allowing drivers to pay more attention to traffic conditions. Furthermore, the addition of tenant names to the monument sign will increase awareness of the center’s businesses. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth for the replacement sign located at 1402 Newport Center Drive: Finding: F. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. With the exception of the requested waiver to sign height, width, and area, the replacement signs comply with development standards applicable to monument signage including minimum lot frontage, setback requirements, landscaping and the distance between signs. 2. The project site is not abutting a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. However, there is Irvine Terrace Park which is a coastal view site, and coastal view road segments to the Zoning Administrator Resolution No. ZA2020-024 Page 7 of 12 02-03-2020 north on Newport Center Drive and to the west on Coast Highway, which are all in the vicinity and analyzed further. Irvine Terrace Park is directly across East Coast Highway approximately 200 feet away and separated by an approximately 6 -foot tall block wall on the park parcel. When inside the park, there is a public view towards Newport Harbor. The proposed replacement signs do not impact nor detract from these views. The nearest coastal view road is the segment of Newport Center Drive at the intersection of Civic Center Drive/Granville Drive approximately 750 feet north of the subject property. This segment curves up towards Corporate Plaza and Corporate Plaza West and the sign locations are not visible from this location, as confirmed with site analysis and windshield surveys. Another segment of coastal view road begins approximately 4,000 feet west of the project site at the intersection of East Coast Highway and Jamboree Road. The proximity between Coast Highway to the Bay expands as the road travels east, such that the segment abutting the project site is not considered a co astal view road. Newport Harbor is approximately 1,800 feet south of East Coast Highway and is obstructed by existing residential and nonresidential development. Finding: G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone . Fact in Support of Finding: 1. The project site is not located between the nearest public road and the sea or shoreline. The proposed sign is the replacement of an existing sign within an existing landscaped corner area. The sign is not in or near any coastal resource or sensitive habitat. Newport Harbor is over 1,800 feet away across East Coast Highway. Coastal Development Permit Modification and Variance In accordance with NBMC Section 21.52.090 (Relief from Implementation Plan Development Standard), the Zoning Administrator may approve a waiver to a development standard of the Implementation Plan only after making all of the following findings: Finding: H. The Zoning Administrator has considered the following: i. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and ii. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coast al resources. Zoning Administrator Resolution No. ZA2020-024 Page 8 of 12 02-03-2020 Facts in Support of Finding: 1. An alternative to the proposed sign is to not update this sign with the new design. The intent is to provide an updated adequate identification of the site while guarding against excessive and confusing proliferation of signs. The new design allows for a decorative base and cap and to be the appropriate size given the location and conformity to all other monument signs at the entrance to Newport Center. The sign is complementary to the area and uses to which they relate and harmonious with the surroundings. 2. The proposed sign is the replacement of an existing sign within an existing landscaped corner area. The sign is not in or near any coastal resource or sensitive habitat. Newport Harbor is over 1,800 feet away across East Coast Highway. Finding: I. The granting of the modification is necessary due to practical difficulties associated with the property and the strict application of the Implementation Plan results in physical hardships. Facts in Support of Finding: 1. Facts in Support of Finding C above are hereby incorporated by reference. Finding: J. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district. Fact in Support of Finding: 1. The increase in the height of the proposed replacement monument sign is necessary in order to provide consistency with all other existing monument signs at entrances to Newport Center and to allow the signs to be developed in scale with and complementary to their surroundings. The increase in height is less than that of the other freestanding signs located at the other perimeter entrances in Newport Center . Finding: K. The variance complies with the findings required to approval a coastal development permit in NBMC Section 21.52.015(F). Fact in Support of Finding: 1. Facts in Support of Findings F and G above are hereby incorporated by reference. Zoning Administrator Resolution No. ZA2020-024 Page 9 of 12 02-03-2020 Finding: L. The variance or modification will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal p arks, trails, or coastal bluffs or other scenic coastal areas. Fact in Support of Finding: 1. The replacement sign will be located in the same location as the existing sign, at the northwest corner of the entrance to Newport Center at Newport Center Drive and East Coast Highway. There is no public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs in the area of the proposed sign. 3. The replacement sign does not block or significantly impede public access to and along the sea or shoreline and to coastal parks, trials or coastal bluffs and scenic areas. A windshield study analysis and photo simulations were provided to support this finding. No impacts were found. 4. Fact in Support of Finding H.2 above is hereby incorporated by reference. Finding: M. The variance or modification will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation or wildlife species. Fact in Support of Finding: 1. There are no coastal resources on the property nor are there any in the immediate area that could be affected by replacement of the monument sign. The proposed sign is the replacement of an existing sign within an existing landscaped corner area. The sign is not in or near any coastal resource or sensitive habitat. Newport Harbor is over 1,800 feet away across East Coast Highway. Finding: N. The granting of the variance or modification will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the Local Coastal Program. Fact in Support of Finding: 1. Facts in Support of Finding H. above are hereby incorporated by reference. Zoning Administrator Resolution No. ZA2020-024 Page 10 of 12 02-03-2020 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act 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, and the exceptions under Section 15300.2 are not applicable. 2. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2019-007 and Coastal Development Permit No. CD2019-070, 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 the Resolution is adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Newport Beach Municipal Code Chapters 20.64 and 21.64. The project site is not located within the appeal area of the coastal zone; therefore, final action by the City on the applications may not be appealed to the California Coastal Commission. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF MARCH, 2020. Zoning Administrator Resolution No. ZA2020-024 Page 11 of 12 02-03-2020 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and sign plans stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Prior to permit issuance, the locations of the signs shall be reviewed and approved by Public Works to ensure the locations comply with sight distance regulations. 3. The dimensions of the monument signs shall not exceed the size depicted on the approved plans, or 10 feet, 3 inches tall, by 13 feet, 9 inches wide. The area of the actual sign face shall be limited to a maximum of 93 square feet per face. 4. The subject monument signs are permitted to include tenant signage that would otherwise be precluded by the Corporate Plaza and Corporate Plaza West Planned Community regulations. 5. The subject monument signs are to complement the two existing 43 feet high pylon signs within the Newport Center Drive median and shall not include any of the same text, unless otherwise approved by the Community Development Director, to guard against excessive signage and to ensure the signage preserves and enhances the community’s appearance. 6. To ensure readability of the monument size, the minimum letter size allowed shall be 6 inches. 7. The proposed monument sign shall not be required to include address plate, unless otherwise required by the Fire Department or Planning Division. 8. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 9. Prior to issuance of a building permit, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 10. This Modification Permit No. MD2019-007 and Coastal Development Permit No. CD2019- 070 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 and 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. Zoning Administrator Resolution No. ZA2020-024 Page 12 of 12 02-03-2020 11. 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 Newport Center Monument Signs including, but not limited to, Modification Permit No. MD2019-007 and Coastal Development Permit No. CD2019-070 (PA2019- 209). 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.