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HomeMy WebLinkAboutPA2022-0273_20230511_Resolution_ZA2023-031Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL May 11, 2023 Sean Baldwin sean@newsignstandard.com Subject: 895 Dove Sign Program (PA2022-0273) Dear Mr. Baldwin, 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 May 11, 2023 and effective on May 26, 2023. 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, Msw/CC RESOLUTION NO. ZA2023-031 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COMPREHENSIVE SIGN PROGRAM AND MODIFICATION PERMIT FOR A MULTI TENANT OFFICE BUILDING LOCATED AT 895 DOVE STREET (PA2022-0273) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Stan Ideker, on behalf of the owner concerning property located at 895 Dove Street, and legally described as Lot 4 and a portion of Lot 5 in Tract 7694 requesting approval of a comprehensive sign program and modification permit. 2. The applicant proposes an amendment to an existing sign program for a multi-tenant office building in Newport Place. The proposed update to the sign program includes an increase in the number of identification monument signs in addition to the existing allowed wall signs, eyebrow signs and renovation of the existing tenant identification monument sign. The proposed monument signs require the approval of a modification permit to exceed the height limit by more than 20 percent for monument signs within the Newport Place Planned Community. If approved, this comprehensive sign program and modification permit would supersede Modification Permit No. 5025. 3. The subject property is designated General Commercial (CG) by the General Plan Land Use Element and is located within the PC-11 (Newport Place Planned Community Professional and Business Office Site 2A) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on May 11, 2023 online via Zoom. A notice of the 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. 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 signage is incidental and accessory to the principal commercial office use of the property and will not intensify or alter the use. Zoning Administrator Resolution No. ZA2023-031 Page 2 of 11 01-17-23 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 FINDINGS. Comprehensive Sign Program Pursuant to Newport Beach Municipal Code (NBMC) Section 20.42.120 (Comprehensive Sign Program), the Comprehensive Sign Program allows for an increase in sign height by twenty (20) percent above that allowed and an increase in sign area by thirty (30) percent above that allowed. The Program shall comply with the standards of the Zoning Code, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs. In accordance with NBMC Section 20.42.120, 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]. Facts in Support of Standard: 1. The proposed Comprehensive Sign Program complies with the purpose and intent of NBMC Chapter 20.42 (Sign Standards) because it provides the multi-tenant office complex with adequate identification while guarding against an excessive sign proliferation. The Comprehensive Sign Program preserves and enhances community appearance by regulating the type, size, location, quantity, and illumination of signs. 2. The existing office building has signage pursuant to the existing sign program approved by Modification Permit No. 5025 in 2000. The existing program allows for major tenant(s) to have a maximum of two wall signs at 150-square-feet on any two faces of the building. Additionally, the existing program allows minor tenants to have a total of five eyebrow signs, a maximum 40 square feet each to be placed on any of the four building facades. An existing, four-foot-tall multi-tenant directory sign is located on the property at the corner of Dove Street and Quail Street. 3. PC-11 sign regulations allow monument signs at a maximum height of four feet, with no maximum number of monument signs indicated. Ground signs greater than 150 feet in area shall be greater than 20 feet from the property line along a street. The proposed height of 6 feet for the new monument signs are more than 20 percent taller than the four-foot maximum allowed in the PC-11 sign regulations; therefore, a modification Zoning Administrator Resolution No. ZA2023-031 Page 3 of 11 01-17-23 permit in conjunction with the updated Sign Program is required. The proposed signs are well under the 150-square-foot maximum. 4. The three proposed monument identification signs are as follows: one near the driveway for the parking structure on Quail Street, one at the corner of Dove Street and Quail Street next to the existing multi-tenant directory sign, and one at the parking lot entrance on Dove Street. Each are intended to identify the name of the building, “895”, and propose to exceed the maximum height limit of four feet to provide increased visibility for motorists. The monument signs at the driveway entrances are each proposed to be a maximum of six feet in height and a maximum of 23-square-feet in area. The monument sign at the corner of Dove Street and Quail Street will be located on top of an existing planter wall for a total height of 8-feet, 10-inches and a maximum area of 31- square-feet in area. The existing multi-tenant directory monument sign is permitted by the PC-11 regulations to be a maximum height 20-feet. The proposed renovation of this sign will increase the height of the existing multi-tenant directory sign from four feet, to a maximum of 6 feet, in compliance with the PC-11 regulations. All of the proposed monument signs have been reviewed and approved by the Public Works Department for sight distance requirements. 5. PC-11 sign regulations allow building identification limited to a single-entity (single tenant), a maximum of two signs not to exceed 200 square feet each. Consistent with the flexibility in allowing identification of two major tenants instead of one in the existing sign program, the updated sign program proposes to maintain building identification signs for major tenants at a maximum of 200 square feet each for up to two major tenants on a maximum of two facades at any time. The 200 square-foot maximum is consistent with the size allowed in the PC-11 sign regulations. The two proposed awning signs are limited to a maximum letter height of 18 inches to fit on a wood architectural awning above the doorway. These signs will only be visible to pedestrians walking up to the building. 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 size, location and layout of the building makes building identification to motorists and tenants difficult. The existing property is designed as a large office campus layout, with the office and parking structures spread out amongst landscaping, outdoor employee areas, and surface parking areas. The street frontage along Dove Street is approximately 290 feet long and the existing building is setback from Dove Street approximately 180 feet. Trees and landscaping in between the street frontage and the building create a visually pleasing aesthetic that beatifies the area and is an amenity for the tenants, employees, and visitors to the property. However, the design Zoning Administrator Resolution No. ZA2023-031 Page 4 of 11 01-17-23 of the site necessitates that proper identification of the property includes the additional monument signs along Dove Street with increased height for visibility. 2. The property is also developed with a parking structure next to the building along the 600-foot property line fronting Quail Street. The parking structure complicates dentification of the office building along Quail Street as there is no property identification on the parking structure or the property along Quail Street 3. The building facades are approximately 115-feet and approximately 207-feet in length, and the height of the building is approximately 72-feet. Staff believes the proposed number of signs, area, and height are compatible with the overall massing and bulk of the building and the property. 4. The addition of the monument signs identifying the building along Quail Street and Dove Street is necessary given the size and existing layout of the property. It will provide motorists with the proper identification from both streets. The wall signs, eyebrow signs and monuments signs will promote identification of the office building and tenants without overconcentrating the site with signage 5. See Facts in Support of Standard A.1 and A.3. Standard: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Fact in Support of Standard: 1. The Comprehensive 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 NBMC Chapter 20.42. 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 Comprehensive Sign Program has been developed to be effective for a multi-tenant commercial office building that is on a large property with an office campus type layout. It also allows flexibility for future changes in tenants. 2. It is not anticipated that future revisions to the Comprehensive Sign Program will be necessary to accommodate changes in tenants or uses. However, the Community Zoning Administrator Resolution No. ZA2023-031 Page 5 of 11 01-17-23 Development Director may approve minor revisions to the Comprehensive 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. The Comprehensive Sign Program allows for deviations with regards to the type, number, and location of wall signs. The approval conforms to the intent of NBMC Chapter 20.42 and PC-11 sign regulations and enhances the overall development by integrating the project’s signs to be appropriately located and scaled. 2. The proposed Comprehensive Sign Program is consistent with NBMC Chapter 20.42 (Sign Standards) and is being processed concurrently with a Modification Permit consistent with NBMC Section 20.52.050 (Modification Permits) to allow the monument signs to be taller than the standard PC-11 limitations in order to increase the visibility of the signs. All other previously approved signage allowances will remain the same and the facts to support their approval are unchanged. 3. The standard requirements of PC-11 do not adequately identify the property with multiple large frontages and are ineffective for motorist site identification. Additionally, the PC-11 requirements do not appropriately allow for multi-tenant office buildings consistent with the findings for the original Modification Permit/ Sign Program in 2000. 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: 1. The Comprehensive Sign Program does not authorize the use of prohibited signs. Finding: G. Review and approval of a Comprehensive Sign Program shall not consider the signs’ proposed message content. Zoning Administrator Resolution No. ZA2023-031 Page 6 of 11 01-17-23 Fact in Support of Standard: 1. The proposed sign program amendment contains no regulations affecting sign message or content. The proposed amendment to the sign program carries forward the design criteria established upon the adoption of the original sign program and reinforces the high quality conveyed by the existing building architecture of the center. 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 are set forth: Finding: H. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: 1. The existing property has an office building and parking structure similar with other properties within the surrounding area however, few have this large of a property on a corner with substantial frontages. The frontage along Quail Street one of the longest street property frontages in the area creating the office campus layout of the existing office building and accessory structures. Across Dove Street the Newport/Lexus automobile dealership has a similar property layout with similar size street frontages. The dealership has a comprehensive sign program that approved an increase in the number and size of signage including height and size of monument signs to increase visibility to motorists. 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 subject property is located in the Newport Place Planned Community (PC11) Planned Community. The existing property is designed as an office campus layout, with the office and parking structures spread out amongst landscaping, outdoor employee areas, and surface parking areas within the 171,991 square foot property. The street frontage along Dove Street is approximately 290-feet long and the existing building is setback from Dove Street approximately 180-feet. Trees and landscaping in between the street frontage and the building create a visually pleasing aesthetic that beatifies the area and is an amenity for the tenants, employees, and visitors to the property. Zoning Administrator Resolution No. ZA2023-031 Page 7 of 11 01-17-23 However, the design of the site necessitates that proper identification of the property includes the additional monument signs along Dove Street with increased height for visibility. There is no maximum number of monument signs provided for in the PC11 regulations; however, with the large frontages, streets and spread-out design of the property, the four-foot maximum height does not provide proper visibility for the site. 2. The property is also developed with a parking structure next to the building along the 600-foot property line fronting Quail Street.The parking structure complicates identification of the office building along Quail Street as there is no property identification on the parking structure or for the property along Quail Street. 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 purpose and intent of the sign regulations is to provide users adequate identification while preserving and enhancing the community’s appearance by regulating the type, size, location, quality, design, character, scale, color, illumination, and maintenance of signs. The sign regulations also encourage the design of signs to be complementary to the buildings and uses to which they relate and are harmonious with their surroundings. 2. The proposed increase in the maximum height does not interfere with the purpose and intent of the Zoning Code, as it provides for adequate identification of the site while guarding against the excessive and confusing proliferation of signs. The proposed increase addresses the practical difficulty of reduced visibility for motorists traveling in heavy vehicular traffic on Dove Street and Quail Street as well as identifying the driveway entrances. The increase in height will increase visibility while maintaining the existing aesthetic qualities of the property including the larger setback with open areas, trees and landscaping. 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. Fact in Support of Finding: 1. The PC-11 sign regulations allow monument signs a maximum 150 square feet in area and a maximum four feet tall. The area of the sign does not create the visibility required on these larger parcels along heavily traveled streets. Due to the design of the building frontage, the increased height is necessary to provide improved identification for the Zoning Administrator Resolution No. ZA2023-031 Page 8 of 11 01-17-23 subject property. Sign alternatives would provide inadequate visibility to motorists travelling on Dove Street and Quail Street. 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 height of the monument signs, but will not result in a change in intensity or density of the existing commercial office use. 2. The total monuments signs on the large property are limited to four and would be in scale with signs in the surrounding area and will not adversely affect or be detrimental to persons, property, or improvements in the surrounding neighborhood. 3. Compliance with the Municipal Code and the attached conditions of approval is required and will further ensure that the proposed use will not be detrimental. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this Project exempt from the California Environmental Quality Act pursuant to Section 15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The exceptions identified in Section 15300.2 do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive Sign Program and Modification Permit PA202-0273, subject to the conditions outlined in Exhibit A, which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or a call for review is filed with the Community Development Director by the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 4. This resolution supersedes Modification Permit No. 5025, which upon vesting of the rights authorized by this comprehensive sign program and modification permit, shall become null and void. Zoning Administrator Resolution No. ZA2023-031 Page 9 of 11 01-17-23 PASSED, APPROVED, AND ADOPTED THIS 11th DAY OF MAY, 2023. Zoning Administrator Resolution No. ZA2023-031 Page 10 of 11 01-17-23 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 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. Locations of signs are limited to the designated areas and shall comply with the limitations specified in the Sign Matrix. 3. Sign location shall comply with the City’s line of sight requirements per City Standard STD 105. 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. A material violation of any of those laws in connection with the use may be caused the revocation of this approval. 6. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of PC-11 (Newport Place Planned Community). 7. A building permit shall be obtained prior to commencement of installation of the new signs. 8. This Modification may be modified or revoked by the Zoning Administrator if determined should they determine that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 9. All signs must be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the NBMC. 10. The sign installation shall comply with the California Building Code. 11. 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 leasing agent. 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. Zoning Administrator Resolution No. ZA2023-031 Page 11 of 11 01-17-23 12. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 895 Dove Sign Program including, but not limited to, PA2022-0273. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. COMPREHENSIVE SIGN PROGRAM TABLE-COMPREHENSIVE SIGN PROGRAM MATRIX- 895 Dove Street SIGN TYPE AND LOCATION FRONTAGE DESIGNATION SIGN LIMITATIONS/RESTRICTIONS Corner Monuments A.1 Multi-tenant Directory sign and A.2 A.1 Multi-tenant Directory Corner of Quail Street and Dove Street Height: 6 feet maximum (top of tenant panels to ground and including base) Lettering Size: Minimum 3-inch lettering and Maximum 6.5 inches Illumination: Internally or externally illuminated. Opaque background per sign panel with letters illuminated or halo- illuminated only. Illuminated blank space on panel background is prohibited. A.2 Corner of Quail Street and Dove Street Height: maximum 8-feet, 10-inches feet maximum (top of sign to ground and including existing planter wall) Lettering Size: Maximum 13.5 inches Illumination: Internally or externally illuminated. Opaque background per sign panel with letters illuminated or halo- illuminated only. Illuminated blank space on panel background is prohibited. Entrance Monuments B.1 and B.2 B.1 Entrance Monument Quail Street/ B.2 Entrance Monument Dove Street Height: 6 feet maximum including base Sign Area: 23 square feet Lettering Size: Maximum 13.5 inches Illumination: Internally or externally illuminated. Opaque background per sign panel with letters illuminated or halo- illuminated only. Illuminated blank space on panel background is prohibited. Eyebrow Signs C.1 through C.5 Frontage is based on tenant(s) preference. Sign Area: 40 sq ft. max. Number of Signs: Five Maximum Illumination: Per Zoning Code Section 20.42.060H. Entrance Awning Signs C.6 and C.7 Building Entrances Sign Area: 5 sq ft. max. Letter/logo Height:18 inches max. Number of Signs: Two Maximum Illumination: Per Zoning Code Section 20.42.060H. Wall Signs Top of Building Major Tenants Primary Locations D.1, D.2, D.3, D.4, D. 5 Frontage is based on tenant(s) preference. Sign Area: 200 sq ft. max. Letter/logo Height:36 inches max. Number of Signs: Two Maximum Illumination: Per Zoning Code Section 20.42.060H. All window and other exempt signs in accordance with Chapter 20.42.100 (B)