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HomeMy WebLinkAboutZA2021-037 - APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2020-007 AND MODIFICATION PERMIT NO. MD2020-009 TO INCREASE THE MAXIMUM SIGN AREA AT AN EXISTING SENIOR LIVING FACILITY LOCATED AT 393 HOSPITAL ROAD AND 4000 HILARIA WAY (PA2020-270)RESOLUTION NO. ZA2021-037 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2020-007 AND MODIFICATION PERMIT NO. MD2020-009 TO INCREASE THE MAXIMUM SIGN AREA AT AN EXISTING SENIOR LIVING FACILITY LOCATED AT 393 HOSPITAL ROAD AND 4000 HILARIA WAY (PA2020-270) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by GNU Group (Applicant) with respect to property located at 393 Hospital Road and 4000 Hilaria Way and legally described as a portion of Lot 169 in Block 2 of Irvine’s Subdivision and Lots 6 and 7 of Tract No. 5854, respectively, requesting approval of a comprehensive sign program and modification permit. 2. The Applicant proposes a new comprehensive sign program to establish standards for all project signage at an existing senior living facility. Pursuant to Newport Beach Municipal Code (NBMC) Section 20.42.120 (Comprehensive Sign Program), a comprehensive sign program can allow for an increase in sign height by twenty percent (20%) above the maximum and an increase in sign area by thirty percent (30%) above the maximum. Other allowed deviations include total number, location, and/or height or width of signs. In this case, the Applicant is seeking the following deviations: a) The installation of wall signs above the bottom of the lowest second story window; b) Letters with a height of greater than thirty-six (36) inches; c) The installation of up to three (3) freestanding monument signs on one (1) site, where the NBMC allows a maximum of one (1) freestanding sign per site, located only on the primary frontage; and d) Monument signs with widths that exceed proportional dimension standards. 3. A modification permit is also required for this Sign Program, as the Applicant is requesting approval of two (2) sign types that exceed the maximum sign area allowed in the Private Institutions (PI) Zoning District by more than 30 percent. These signs are: a) Sign Type 4 (Skyline Marquee). A wall sign with a maximum sign area of 77 square feet located on the primary frontage facing Newport Boulevard; and b) Sign Type 5 (Main Entry Branding). A wall sign with a maximum sign area of 77 square feet located on a secondary frontage facing Patrice Road and Hilaria Way. Zoning Administrator Resolution No. ZA2021-037 Page 2 of 11 01-25-19 4. The subject property is designated Private Institutions (PI) by the General Plan Land Use Element and is located within the Private Institutions (PI) Zoning District. 5. The subject property is not located within the coastal zone; therefore, a coastal development permit is not required. 6. A public hearing was held online on July 15, 2021, consistent with Governor’s Executive Order N-08-21 and N-29-20 related to COVID-19. 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 Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This 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 includes construction or replacement of minor structures such as on-premise signs accessory to (or appurtenant to) existing commercial facilities. The proposed sign is incidental and accessory to the automotive dealer use of the property and will not intensify or alter the use. 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 STANDARDS AND FINDINGS. Comprehensive Sign Program In accordance with NBMC Section 20.42.120 (Comprehensive Sign Program), 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]. Zoning Administrator Resolution No. ZA2021-037 Page 3 of 11 01-25-19 Facts in Support of Standard: 1. The approximately 3.7-acre site is developed with a multi-story, irregularly shaped, senior living facility. The building reaches a height of 37 feet in some places and is set back a minimum of 20 feet from Newport Boulevard (State Route 55) and up to 60 feet from Newport Boulevard in some places. The site has a sharp downward slope on the eastern edge along Newport Blvd with a gradual downward cross slope from north to south resulting in the building sitting high above the road surface of Newport Boulevard. The project site can be accessed from driveways on Hospital Road, Patrice Road, and Hilaria Way. The physical characteristics of the project site, the building design, and the multiple access points require the proposed additional signage, placement and increase in letter height to achieve adequate project identification. 2. The Program complies with the purpose and intent of Chapter 20.42 (Sign Standards) because it provides the project site adequate identification while guarding against the excessive proliferation of signs. The sign program preserves and enhances community appearance by regulating the type, size, location, quantity, and illumination of all signs. 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 architectural style of the building is modern and features stucco in various beige tones, weathered wood accents, and anodized bronze trim elements for windows and doors. The proposed signage is intended to complement the architectural vision of the exterior by utilizing matching finishes and similar palettes. Wall signs are placed on architectural features that encourage the placement of signage. With those design considerations, the signs relate visually to each other and the building. 2. The project site is abutted to the south and west by medical uses including Hoag Hospital and Newport Lido Medical Center. These large facilities feature prominent identification signage with which this program is consistent. To the north of the project site, along Patrice Road and Hilaria Way, is multi-unit residential. A halo-lit wall sign has been proposed along this frontage. Condition of Approval number 9 requires the illumination to be turned off between the hours of 10 p.m. and 6 a.m. as to prevent any negative impacts or incompatibilities between the uses. 3. Freestanding signs are proposed along Newport Boulevard, Hospital Road, and Patrice Road. The freestanding signs are externally illuminated using ground mounted lamps and only light the sign face. Both the freestanding sign along Newport Boulevard and the sign along Hospital Road will signal to motorists where to turn to reach the site. The freestanding sign along Patrice Road is located at a drop-off island at the end of a cul- de-sac and will signal to motorists that they have arrived at the facility. The freestanding Zoning Administrator Resolution No. ZA2021-037 Page 4 of 11 01-25-19 signs will be integrated with the architecture of the building through the use of colors and finishes consistent with the building palette and will be integrated with the project topography through the thoughtful installation of landscaping at the base of the sign. Standard: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Fact in Support of Standard: The Sign Program includes all project signage. Any future temporary and exempt signs not specifically addressed in the program shall be regulated by the provisions of Chapter 20.42 (Sign Standards). 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: The Sign Program has been developed to be effective for a senior living facility. A change in owner or operator should not require a revision to the sign program. Any change to the facility name should be easily accommodated as the sign program has been designed for adequate site identification. If changes are required, the Community Development Director 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 deviation 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. Allowing the installation of wall signs above the second-story windows is appropriate given the multi-story design of the building and overall building height. Placing an identification sign at the top of the building façade is a common practice whereas placing the sign at the first story height would appear awkward and out of place. 2. Allowing the increase in letter height is appropriate given the size of the building, the setback of the building, and the sign design. Zoning Administrator Resolution No. ZA2021-037 Page 5 of 11 01-25-19 3. Allowing the additional freestanding monument signs is appropriate given the physical characteristics of the project site. There are multiple approaches to the project site, and it is reasonable to request site identification at each entry point. 4. Allowing Sign Type 1 to be wider than the standards listed in 20.42.080 (Standards for Specific Types of Permanent Signs) is appropriate given the specific location of the sign along Newport Boulevard. The high speed of traffic means that a motorist will quickly pass a narrower sign. The wider size allows vehicles to identify the project site earlier and safely move into the right-hand turn lane for Hospital Road. 5. Allowing Sign Type 3 to be wider than the standards listed in 20.42.080 is appropriate given the specific location of the sign. Sign Type 3 is located within the drop-off island at Patrice Road. The sign is intended to create a formal announcement of the front door. The wider sign allows for a lower sign height, which is desirable in this location due to pedestrians passing through this area. Sign Type 3 has a maximum height of four (4) feet which is lower than the height of most adult pedestrians. 6. All other components of the sign program are consistent with the NBMC. . Standard: F. 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: The Comprehensive Sign Program does not authorize the use of prohibited signs. Standard: G. Review and approval of a Comprehensive Sign Program shall not consider the signs’ proposed message content. Fact in Support of Standard: The content of the signs was not considered, and the proposed Comprehensive Sign Program does not contain any regulations regarding sign message content. Modification Permit Pursuant to NBMC Section 20.42.110, deviations in sign height greater than twenty (20) percent and sign area greater than thirty (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 for Sign Types 4 and 5 are set forth: Zoning Administrator Resolution No. ZA2021-037 Page 6 of 11 01-25-19 Finding: H. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: 1. Fact 2 in Support of Finding B is incorporated by reference. 2. Based on research of building permit records in the vicinity, a 128-square-foot wall sign is installed on the adjacent westerly property at 351 and 361 Hospital Road. 3. The requested maximum sign area for Sign Types 4 and 5 is 77 square feet, respectively. Each proposed sign is smaller in area than the wall sign on 351 and 361 Hospital Road. 4. The proposed wall signs will not appear overly large or out of place compared to the existing development in the neighborhood, which is predominantly larger healthcare and institutional buildings. 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 project site is considerably large and provides over 500 feet of lineal frontage along Newport Boulevard, which is a major arterial six (6)-lane divided roadway and has a speed limit of 50 miles per hour. A larger sign size in this location is appropriate given the higher speed of travel. Furthermore, Sign Type 4 will not dominate the façade on which it is located and will be compatible with the overall massing and bulk of the building. 2. The distance between the building façade and the centerline of Newport Boulevard is over 125 feet. The location of Sign Type 4, near the roofline of the building and its increased size will provide enhanced visibility at farther distances. 3. Access to the project site can be taken from either Hospital Road or through the residential neighborhood to the north of the project site via Patrice Road or Hilaria Way. Sign Type 5 is placed near the roofline of the building and serves as an indicator that the main entry to the facility is below. Sign Type 5 will sit centered on a wall plane that is differentiated from the rest of the building by wood paneling. The sign is appropriately placed, will not dominate the façade on which it is located, and will be compatible with the overall massing and bulk of the building. Zoning Administrator Resolution No. ZA2021-037 Page 7 of 11 01-25-19 Finding: J. 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 project site is zoned Private Institutions (PI). The NBMC groups PI along with Open Space (OS), Parks and Recreation (PR), and Public Facilities (PF) as “Special Purpose Zoning Districts.” All special purpose zoning districts are subject to the same design standards for permanent signs. The maximum sign area allowed for a wall sign within these districts is 50 square feet whereas the maximum sign area within a commercial zoning district is 75 square feet. The senior living facility appears more like and functions more similarly to a commercial building than a park or open space facility. Strict application of the zoning code in this instance prevents the project site from installing signage sized appropriately for the function of the building. 2. The NBMC defines a primary frontage as “the building frontage that is designated by an Applicant as the “primary frontage” for the purpose of determining the applicable sign standards and that does not face a residential district”. Despite an entrance to the facility being from the residential neighborhood, the Patrice Road/Hilaria Way frontage cannot be defined as a primary frontage. Strict application would limit the sign area of a wall sign on a secondary frontage to fifty percent (50%) of the sign area allowed on the primary frontage. This limitation would result in Sign Type 5 being restricted to 25 square feet. The intent of Sign Type 5 is to serve as an indicator of the main entry to the facility, which is from its secondary frontage (Patrice Rd/Hilaria Way). The limitation would make the sign smaller than the skyline marquee fronting Newport Blvd and therefore would not achieve the project goal of being a main entry marker. 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. Facts in Support of Finding: 1. The existing building does not have wall areas adequately visible or appropriate for project identification other than at the top of the building. This elevated location requires an increase in sign area above the allowable limits in the NBMC in order to be visible, legible, and compatible in scale with the building design. 2. Compliance with all other applicable NBMC chapters and the attached conditions of approval is required and will further ensure that the proposed signs will not be detrimental. Zoning Administrator Resolution No. ZA2021-037 Page 8 of 11 01-25-19 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 in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding: 1. This approval will allow for an increase in the size of wall signs but will not result in a change in intensity or density of the existing convalescent/congregate care facility land use. 2. The size of Sign Types 4 and 5 is within the 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. The proposed locations of Sign Types 4 and 5 will not affect views for nearby properties or occupants of the neighborhood as they will be installed on an existing building. 4. The increased size of Sign Types 4 and 5 will provide better visual direction for the public from the surrounding public roadways and from a greater distance without detracting from the building’s overall aesthetic. 5. Condition of Approval number 9 requires the illumination of Sign Type 5 to be turned off between the hours of 10 p.m. and 6 a.m. as to prevent any negative impacts or incompatibilities between the facility and the adjacent residential use. 6. Fact 2 in Support of Finding K incorporated by reference. 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 (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. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive Sign Program No. CS2020-007 and Modification Permit No. MD2020-009, subject to the conditions set forth in Exhibit “A” and sign matrix parameters denoted in Exhibit “B,” which are attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2021-037 Page 9 of 11 01-25-19 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 NBMC. 4. This resolution supersedes Modification Permit No. MD2003-085 which upon vesting of the rights authorized by this Comprehensive Sign Program and Modification Permit shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 15 DAY OFJULY, 2021. Zoning Administrator Resolution No. ZA2021-037 Page 10 of 11 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (project-specific conditions are italicized below) 1. The development shall be in substantial conformance with the approved site plan, sign plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Locations of signs are limited to the designated areas and shall comply with the limitations specified in the Sign Matrix included in Exhibit “B”. 3. Sign locations shall be subject to review by the City’s Public Works Department and shall comply with the line of sight requirements per City Standard STD-110-L. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. The Applicant 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 approval. 6. A building permit shall be obtained prior to commencement of installation of the signs. 7. Landscaping shall be installed at the base of the monument signs in accordance with NBMC 20.42.080 (Standards for Specific Types of Permanent Signs) subsection (C)(10). 8. Prior to final of building permits, an inspection shall be conducted to confirm that landscaping has been installed. 9. Illuminated signs facing Patrice Road/Hilaria Way shall be installed with an automatic timer and will be turned off between the hours of 10 p.m. and 6 a.m., daily. 10. Prior to final of building permits, a nighttime lighting inspection shall be conducted to confirm signage lighting will not cause a nuisance to nearby residential properties. 11. Each illuminated sign shall be subject to a thirty (30) day review period, during which time the Director may determine that a reduction in illumination or turning off of illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Director may order the dimming or turning off of any illumination found to be excessively bright. The Director’s determination will be made without regard to the message content of the sign. 12. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the NBMC. Zoning Administrator Resolution No. ZA2021-037 Page 11 of 11 01-25-19 13. This Modification 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. 14. All signs must be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the NBMC. 15. 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. 16. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 17. 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. 18. 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 the City’s approval of Atria Newport Beach Signage, but not limited to, Comprehensive Sign Program No. CS2020-007 and Modification Permit No. MD2020-009 (PA2020-270). 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. Atria Newport Beach Signage (PA2020-270) Exhibit B EXHIBIT “B” Atria Newport Beach Signage Comprehensive Sign Program Matrix Name Sign Type Primary Frontage (Newport Blvd) Secondary Frontage * Other Specifications Sign Type 1 Site Monument 1 Freestanding Sign - Monument Maximum Number: 1 Maximum Sign Area: 74 sq. ft. Maximum Sign Height: 5’-5”’ Maximum Sign Width: 15’-4” Sign Type 2 Site Monument 2 Freestanding Sign - Monument Maximum Number: 1 Maximum Sign Area: 48 sq. ft. Maximum Sign Height: 8’-8”” Maximum Sign Width: 5’-7”’ - Along Hospital Road Atria Newport Beach Signage (PA2020-270) Exhibit B Sign Type 3 Site Monument 3 Freestanding Sign - Monument Maximum Number: 1 Maximum Sign Area: 32 sq. ft. Maximum Height: 4’3” Maximum Sign Width: 8’ - Along Patrice Road Sign Type 4 Skyline Marquee Building Sign - Wall Maximum Number: 1 Maximum Sign Area: 77 sq. ft. Maximum Sign/Letter/Logo Height:6’ Maximum Sign Width: 12’-9”” Sign Type 5 Main Entry Building Building Sign - Wall Maximum Number: 1 Maximum Sign Area: 77 sq. ft. Maximum Sign/Letter/Logo Height:6’ Maximum Sign Width: 12’-9”” - Illumination to be shut off between 10 p.m. and 6 a.m. Atria Newport Beach Signage (PA2020-270) Exhibit B Sign Types 6 and 7 Building Address Building Sign - Wall Maximum Number: 2 Maximum Sign Area: 2’-6” sq. ft. Maximum Sign Height: 1’-0” Frontage: Primary: Newport Boulevard Secondary: Hospital Road Patrice Road/Hilaria Way Notes/Requirements: a) Sign locations shall be as depicted on approved plans. b) Wall signs shall be constructed of individual channel letters and attached per mounting details depicted on approved plans. c) Requirements for all signs per Municipal Code Chapter 20.42, except as provided in this sign matrix. d) Sign Designs shall be consistent with Citywide Sign Design Guidelines Manual. e) 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.