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HomeMy WebLinkAboutCS2011-010COIv1MUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 33 00 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644-3200 Fax: (949) 644-3229 March 14,2012 Truemark, Inc. dba JB3D Joshua Wright 731 N. Main Street Orange, CA 92868 www.new )orlilcachca. uo\' Re: Comprehensive Sign Program No. CS2011 -010 Modification Permit No. MD2012-001 (PA2011-219) 3400 -3505 Via Oporto, 3676 & 3700 Newport Boulevard, and 3418 -3444 Via Lido Lido Marina Village Sign Program Dear Mr. Wright, It was a pleasure working with you on the Lido Marina Village Sign Program . Please find attached the approved resolution for your project. 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. _ Sincere~, >5 ~<--t,~~ rm Steffen, Plan;g_ BW/ems cc: WREC Lido Venture LLC (Vornado Realty Trust) 888 Seventh Avenue, 44th Floor New York, NY 10019 TIllpll:12/14/11 RESOLUTION NO. ZA2012-014 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2011-010 AND MODIFICATION PERMIT NO. MD2011-001 FOR THE LIDO MARINA VILLAGE (PA2011-219) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Dave Kerby, Truemark, Inc. dba JB3D, with respect to properties located at 3400-3505 Via Oporto, 3636-3700 Newport Boulevard, and 3418 – 3444 Via Lido, requesting approval of a Comprehensive Sign Program and Modification Permit. 2. The applicant requests a Comprehensive Sign Program for the Lido Marina Village, which is currently occupied by an eclectic mix of building types. Land uses include commercial office buildings, retail storefronts, a parking structure, and pedestrian-oriented businesses on the northern portion of Via Oporto and fronting onto the harbor. The sign program consists of signs for the individual tenants, site-identifications signs, parking signs, multi- tenant listing signs, and temporary and exempt signs. 3. The applicant also requests a Modification Permit to allow the combination of wall signs on the parking structure, the site-identification signs, and the two multi-tenant listing wall signs to exceed sign area standards. Also included with the Modification Permit is a request is to allow additional banners to advertise ongoing or recurring special events. 4. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water Related). 5. The subject property is located within the Coastal Zone. 6. A public hearing was held on March 14, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act, pursuant to Section 15311 (Class 11 – Accessory Structures). Zoning Administrator Resolution No. ZA2012-014 Page 2 of 9 Tmplt: 03/08/11 2. Class 11 exempts construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on-premise signs. SECTION 3. REQUIRED FINDINGS. Modification Permit In accordance with Section 20.52.050.E (Findings and decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a Modification Permit are set forth: Finding A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding 1. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water Related). This district is intended to provide marine-related uses intermixed with general commercial and visitor serving commercial with residential on the upper floors. The existing commercial development and existing and proposed signage is consistent with this land use designation. The proposed signage is accessory to the primary use. 2. The property, historically known as the “Lido Marina Village”, is a multi-tenant development that is a use consistent with the Zoning and General Plan Land Use Designation in that it is an eclectic mix of general commercial, visitor-serving commercial, and marine-related uses. The signage proposed with the comprehensive sign program and modification permit will add to the character and charm of the development while improving the visibility and way finding of the site. 3. The applicant requested the Modification Permit to allow greater flexibility for the sign area of the combination of wall signs on the parking structure, the site-identification signs, and the two multi-tenant listing wall signs. Though the total sign area of these signs exceeds the maximum sign area permissible for any one elevation, the signs are in scale with the buildings/elevations on which they are located and allow for adequate identification of the project site and individual tenants within the regional commercial- visitor serving center. 4. The applicant also requested the Modification Permit to allow additional banners to advertise ongoing or recurring special events. Though these banners may exceed the number of occurrences and days a banner can be displayed. They will neither exceed the maximum sign area allowed nor appear excessive in time, place, or manner. More specifically, they will be installed and located in a manner consistent with the requirements of the Zoning Code and other banners located throughout the City. Zoning Administrator Resolution No. ZA2012-014 Page 3 of 9 Tmplt: 03/08/11 5. The signage is consistent with the Lido Marina Village Design Guidelines in that the signs are appropriately scaled to the buildings and are integrated with the design and scale of the existing architecture. 6. The neighborhood includes properties with wall signs (both tenant and site-identification signs) and additional tenant signs that provide visibility from the public right-of-way. 7. The illumination of signage is conditioned to prevent excessive glare spillage onto or visible from the adjacent right-of-way and any nearby properties 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. Lido Marina Village is a visible gateway to the Balboa Peninsula. The area is currently occupied by an eclectic mix of building types. Land uses include commercial office buildings, retail shorefronts, a parking structure, and pedestrian-oriented businesses on the northern portion of Via Oporto and fronting onto the harbor. The additional sign area and banners are necessary to enhance the overall development of the site and provide adequate visibility and identification of the site and the mix of individual tenants and events established within the area from on-site and off-site vantage points. 2. The proposed sign types and sign area are necessary due to the size and configuration of the property and the numbers of tenants within the development. 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. Lido Marina Village is developed with several buildings and has frontages along Newport Boulevard, Via Lido, and the Newport Harbor with Via Oporto running through the center. Adequate signage is necessary to provide visibility of the site and uses within for both vehicular and pedestrian traffic traveling to and from and within the area. 2. The modification permit will allow signage that is in scale with the buildings and that provides adequate visibility from each of the frontages and the right-of-ways. Zoning Administrator Resolution No. ZA2012-014 Page 4 of 9 Tmplt: 03/08/11 3. Strict application of the Zoning Code limits the sign area of the combined signs on the parking structure, the site-identification signs, and the multi-tenant listing signs. The Zoning Code also limits the number of times and days a banner can be displayed. The size of the site and the layout of the development require additional signage to ensure efficient way finding and to promote and advertise special or recurring events held within the area. 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 granting of a modification permit allows the additional signage and sign area necessary to ensure adequate visibility and identification of the site, individual tenants, and special events. No similar provision could be granted within the parameters of Section 20.42.120 (Comprehensive Sign Program) of the Zoning Code. 2. No foreseeable detriment will result from the approval of the modification permit as conditioned. Finding E. 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 in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding 1. Existing signage within the Lido Marina Village has not proven to be detrimental to public health, safety, or welfare to the occupants of the property, nearby properties, the neighborhood, or the City. The proposed signage is expected to enhance the overall development of the site and improve the pedestrian experience along the waterfront; thereby attracting new tenants to revitalizes the area. 2. The signage is for commercial uses in a mixed-use district. Comprehensive Sign Program Pursuant to Section 20.42.120 of the Zoning Code, approval of a Comprehensive Sign Program is required whenever a structure has more than three hundred (300) linear feet of frontage on a public street. In accordance with Section 20.67.120.E, a Comprehensive Sign Zoning Administrator Resolution No. ZA2012-014 Page 5 of 9 Tmplt: 03/08/11 Program shall comply with a number of 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: Signs], any adopted sign design guidelines and the overall purpose and intent of this Section [Section 20.42.120]. Facts in Support of Standard : 1. In compliance with the purpose and intent of the Sign Code, the proposed Sign Program provides the site and the uses within adequate identification without excessive proliferation of signage. Furthermore, it preserves community appearance by regulating the type, number, size, and design of signage. 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 site is for use of multiple tenants and the signage has been designed integral with the design and character of the buildings. 2. The proposed signage will enhance the overall development of the site. It will provide adequate identification of the site, the individual tenants, and special events located within the area. It will also improve the pedestrian experience along the waterfront; thereby attracting new tenants to revitalize the area. 3. The signage is consistent with the Lido Marina Village Design Guidelines in that the signs are appropriately scaled to the buildings and are integrated with the design and scale of the existing architecture. Standard : C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Facts in Support of Standard : 1. The Sign Program submitted for the project addresses all project signage. Temporary and exempt signs not specifically addressed in the program shall be regulated by the provisions of Chapter 20.42. Zoning Administrator Resolution No. ZA2012-014 Page 6 of 9 Tmplt: 03/08/11 Standard : D. 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 project site is for the use of multiple commercial tenants and has been designed to be effective for such a use. 2. It is not anticipated that future revisions will be necessary to accommodate constant changes in tenants or uses. However, flexibility has been incorporated into the Sign Program Matrix to allow minor deviations from the proposed signs. 3. Consistent with Chapter 20.42, the Community Development Director [or his/her designee] may approve minor revisions to the Sign Program if the intent of the original approval is not affected. Standard : E. The program shall comply with the standards of this Chapter, 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. Facts in Support of Standard : 1. The Sign Program requests deviation in area, number, and location of signs. The sign program also allows for the use of additional banners to advertise and promote ongoing or recurring special events. 2. The sign code allows one wall sign up to 1.5 times the linear frontage or 75 square feet maximum in sign area on the primary frontage and 50% of the primary for any secondary frontages. However, due to the configuration of the site and the mix of buildings and uses, one wall sign of this size does not provide adequate signage on the parking structure and for the use of multi-tenant listing signs and site-identification signs to identify the site and individual tenants within the Lido Marina Village area. 3. The use of site-identification signs near the walkways and entrances will enhance the overall development of the site as they will attract the public to the area and provide sufficient way finding. These signs are designed to be complimentary to the buildings and the uses to which they relate and are harmonious with their surroundings. 4. The use of additional banners will assist in promoting and advertising special or recurring events held within the area. They will provide for adequate identification and will appear appropriate as to time, place, and manner under which signs may be displayed. Standard: Zoning Administrator Resolution No . ZA2012-014 Page 7 of 9 F. The Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter. Facts in Support of Standard: 1. The program does not authorize the use of new prohibited signs. Standard: G. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. Facts in Support of Standard: 1. The program contains no regulations affecting sign message or content. SECTION 4 . DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive Sign Program No. CS2011-01 0 and Modification Permit No. MD2012-001, subject to the conditions set forth in Exhibit A and the parameters denoted in Exhibit B, which are attached hereto and incorporated by reference. 2. Comprehensive Sign Program and Modification Permit applications do not become effective until 14 days following the date of action. Prior to the effective date, the applicant or any interested party may appeal the decision of the Zoning Administrator to the Planning Commission by submitting a written appeal application to the Community Development Director. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. PASSED, APPROVED, A D ADOPTED THIS 14th DAY OF MARCH, 2012. a Wisnesk ~ AICP, Zoning Administrator Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012-014 Page 8 of 9 Tmplt: 03/08/11 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, details, and elevations, except if noted in the following conditions. 2. Locations of the signs are limited to the designated areas and shall comply with the limitations specified in the Sign Program Matrix included in Exhibit “B”. 3. All signs must be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the Newport Beach Municipal Code. 4. Prior to issuance of building permits, the applicant shall submit to the Planning Department an additional copy of the approved architectural plans for inclusion in the Planning 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 Staff Approval and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 5. A building permit shall be obtained prior to commencement of the construction and/or installation of the signs. 6. A copy of the conditions of approval shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits. 7. 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 Lido Marina Village including, but not limited to Comprehensive Sign Program No. CS2011-010 and Modification Permit No. MD2012- 001 (PA2011-219) 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. Zoning Administrator Resolution No. ZA2012-014 Page 9 of 9 Tmplt: 03/08/11 EXHIBIT “B” SIGN PROGRAM MATRIX Type of Sign Sign Requirements Site-identification Signs* (Sign Type 4, 4A, and 6 on approved plans) Site-identification Sign “A” Maximum Number: Two (locations as depicted on site plan) Maximum Sign Area: 50 SF Site-identification Sign “B” Maximum Number: Three (locations as depicted on site plan) Maximum Sign Area: 18 SF Site-identification Sign “C” Maximum Number: Two (location as depicted on site plan – parking structure) Maximum Sign Area: 75 SF Multi Tenant Wall Sign* (Sign type 2A on approved plans) Maximum Number: Two (location as depicted on site plan) Maximum Sign Area: 75 SF Public Parking Wall Signs* (Sign type 6A, 7, and 8 on approved plans) Public Parking Sign Maximum Number: Two (location as depicted on site plan – parking structure) Maximum Sign Area: 75 SF Public Parking Entrance Sign Maximum Number: Two (location as depicted on site plan – parking structure) Maximum Sign Area: 16 SF Public Parking Directional Sign Maximum Number: Two (location as depicted on site plan – parking structure) Maximum Sign Area: 48 SF Signs for Individual Tenants (Sign type 10 on approved plans) Signs for the individual tenants shall be regulated by the Zoning Code Temporary Signs* (Sign type 16 on approved plans) Temporary Signs shall be regulated by the provisions of Chapter 20.42.090, except for banners on the north and west elevation of the 3700 Newport Boulevard building and on the west elevation of the 3444 Via Lido building. A banner for an ongoing or recurring event on said elevations is allowed to exceed the maximum number of days and occurrences a banner can be displayed. However, only one banner shall be allowed per elevation at any one time and shall conform to all other requirements of the Zoning Code, except: • Banner for a weekly or monthly recurring event (i.e. Farmer’s Market): Allowed only to be displayed two days prior to the event and during the days of the event. • Banner for yearly events (i.e. Boat Show): Allowed only to be displayed up to two weeks prior to the event and during the event. Exempt Signs Exempt signs shall be regulated by the provisions of Chapter 20.42.100 B. NOTE: All proposed signs shall also be in conformance with the approved plans, Comprehensive Sign Program No. CS20011-007 and Modification Permit No. MD2012-001, approved March 14, 2012, and provisions of Chapter 20.42 of the Newport Beach Municipal Code, unless otherwise indicated. *Signs denoted with an asterisk required approval of the Modification Permit in addition to the Comprehensive Sign Program.