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HomeMy WebLinkAbout20160128_ZA Resolution_ZA2016-0041 Mackinen, Traci From:Whelan, Melinda Sent:Friday, January 29, 2016 12:45 PM To:'Paul Shaver' Cc:'cbunn@irvinecompany.com'; Mackinen, Traci; Garciamay, Ruby Subject:RE: NOE - MD2015-011 (PA2015-217) Attachments:PA2015-217 Cover Letter.pdf Please find the attached cover letter including the resolution. Please let me know if you have any questions. Thank you.    Melinda Whelan  949‐644‐3221    From: Paul Shaver [mailto:pshaver@caaplanning.com] Sent: Friday, January 29, 2016 12:20 PM To: Whelan, Melinda Cc: Wisneski, Brenda Subject: NOE - MD2015-011 (PA2015-217)   Melinda,  Please find attached the recorded NOE for the modification permit. Thanks for another great job!  Regards,  Paul    Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL January 29, 2016 Paul Shaver CAA Planning, Inc. 65 Enterprise, #130 Aliso Viejo, CA 92656 pshaver@caaplanning.com Subject: Modification Permit No. MD2015-011 (PA2015-217) 600 Newport Center Drive Sign Modification Permit Dear Mr. Shaver, 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 January 28, 2016 and effective on February 12, 2016. 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, GBR/msw cc: Irvine Company 111 Innovation Irvine, CA 92617 cbunn@irvinecompany.com RESOLUTION NO. ZA2016-004 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2015-011 FOR AN ADDITIONAL SECONDARY TENANT WALL SIGN AND INCREASED LOGO AND LETTER HEIGHT FOR BOTH SECONDARY TENANT SIGNS LOCATED AT 600 NEWPORT CENTER DRIVE (PA2015-217) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the Irvine Company, with respect to property located at 600 Newport Center Drive, and legally described as Parcel 3, Block D in Resubdivision 1016 requesting approval of a modification permit. 2. The applicant proposes an additional secondary tenant wall sign. The Planned Community regulations allow two primary tenant signs and one secondary tenant sign. The application also requests approval to increase the letter and logo height for both secondary signs. The height of the letters would be a maximum of 24 inches and the logo would be a maximum of 30 inches where the North Newport Center Planned Community Development Plan (PC) sign standards limits text to 16 inches for secondary tenant signs. 3. The subject property is located within the North Newport Center Planned Community (PC-56) Zoning District and the General Plan Land Use Element category Mixed-Use Horizontal (MU-H3). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on January 28, 2016, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the 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 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) under Class 11 (Accessory Structures). 2. Class 11 consists of construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to signs. Zoning Administrator Resolution No. ZA2016-004 Page 2 of 7 10-02-2015 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050 (Modification Permits) of the Newport Beach Municipal Code, 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 subject property is located within Block 600 of the North Newport Center Planned Community (PC-56) Zoning District. The wall signs will be accessory to the existing wellness center and fitness center use. 2. The proposed wall signs will be located on the west and south side of the ground floor of a parking garage. The west side is above the main entrance for the tenant (Kinetic) which faces the courtyard that is significantly setback from the street and any other property. The south side is facing Newport Center Drive across from Fashion Island. The surrounding office area, consisting of much taller and more visible buildings including Fashion Island, contain signs that are greater in quantity and size. 3. The proposed signs, in addition to the primary tenant signs (4 signs total), are proportional in quantity and size to the parking garage structure when compared with the surrounding development in the Newport Center office area and Fashion Island. 4. The proposed signs are an appropriate size and scale for the size of the parking garage/commercial building upon which they are allocated. 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. The tenants of the subject building are situated on the ground floor of a parking garage which is unique in the Newport Center office area as most of the surrounding tenants are within buildings which are much taller with greater visibility. 2. The main entry for Kinetic is located on the west side of the building facing the courtyard and not visible from the street. A sign is necessary here for pedestrians after they park their vehicles in the parking structure or for foot traffic from the surrounding office buildings. Zoning Administrator Resolution No. ZA2016-004 Page 3 of 7 10-02-2015 3. Identification is also required on the south side of the building facing Newport Center Drive which is the main public-right-of way through the Newport Center area. 4. There are existing mature trees located along the west and south sides of the building in front of both sign locations further hindering visibility and requiring additional size to adequately fulfill the purpose of the signs and meet the needs of the location. 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 general purpose and intent of the North Newport Center Planned Community as it pertains to signs is to provide each sign user with an opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs. 2. A strict application of the sign standards established by the North Newport Center Planned Community limits secondary tenants to one wall sign with a smaller size. This would result in inadequate identification due to the unique physical layout of the building. Both tenants are on the ground floor of a parking garage and Kinetics’ main entry is on the courtyard which is not visible from a street frontage. Kinetic has a street frontage side along Newport Center Drive which is the main road through the Newport Center area. 3. Additionally, there are existing mature trees that surround the west and south side of the building where Kinetic is located. These trees require additional size for the signs to be visible. 4. The additional sign and increased size for both signs provide adequate identification of the building from Newport Center Drive and the entrance to Kinetic from the courtyard. 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 alternative would be one 16-inch sign; however, the additional wall sign and the additional size for both signs will provide positive benefit to pedestrians and visitors to the site by providing increased visibility for the entrance and for the location for vehicles from Newport Center Drive. Zoning Administrator Resolution No. ZA2016-004 Page 4 of 7 10-02-2015 2. Another alternative is to provide signage on the landscape wall along Newport Center Drive which is permitted by the PC regulations; however, this would not adequately identify the location of Kinetic. 3. Section 20.52.050 (Modification Permits) of the Zoning Code specifies that a modification permit may be granted to increase the allowed number of signs and the allowed size of signs. The location of the tenant within the corner space of the ground floor of a parking garage with an entrance from an interior courtyard and a street frontage on Newport Center Drive warrants the increase in the quantity of signs and the increase in the size of the signs. They will not detract from the building’s exterior. 4. The proposed wall signs will provide adequate identification for the entrance to Kinetics. The signs will also provide additional visual direction for pedestrian traffic walking from the parking structure, for vehicles on the surrounding public roadways and from a greater distance without detracting from the development’s overall aesthetic. 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. Approval of the application to allow an additional secondary tenant wall sign and an increase in size for both secondary tenant wall signs does not change the density or intensity of the existing use. The proposed signs will provide adequate identification for the unique layout of the tenant within the ground floor of the parking garage. 2. The location of the additional sign above the main entrance adjacent the courtyard does not impact the surrounding properties. 3. The size of the signs is well within the scale of signs in the surrounding area and will not adversely affect or be detrimental to persons, property, or improvements in the surrounding neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2015-011 subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2016-004 Page 5 of 7 10-02-2015 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF JANUARY, 2016. BY: _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2016-004 Page 6 of 7 10-02-2015 EXHIBIT “A” CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. This Modification Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. One additional secondary tenant wall sign shall be allowed for a total of two secondary tenant wall signs. 5. The secondary tenant wall signs shall have a maximum logo height of 30 inches and a maximum letter height of 24 inches. 6. This Modification Permit shall become null and void should the tenant space be subdivided into two smaller suites. 7. The applicant is required to obtain all applicable permits from the City’s Building Division. The construction plans must comply with the most recent, City-adopted version of the California Building Code. 8. A copy of the Resolution, including conditions of approval (Exhibit “A”) shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 10. 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 Zoning Administrator Resolution No. ZA2016-004 Page 7 of 7 10-02-2015 or indirectly) to City’s approval of the 600 Newport Center Drive Sign Modification including, but not limited to, Modification Permit No. MD2015-011 (PA2015-217). 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.