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HomeMy WebLinkAboutPA2023-0060_20230914_ZA_Action Letter COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www.newportbeachca.gov ZONING ADMINISTRATOR ACTION LETTER Subject: Moshayedi Sign Program (PA2023-0060) ▪ Comprehensive Sign Program Site Location 2600 East Coast Highway Applicant Ryan Ybarra Legal Description Parcel 1 of Resubdivision No. 0792 On September 14, 2023, the Zoning Administrator approved the Comprehensive Sign Program filed as PA2023-0060 establishing a comprehensive sign program for an existing multi-tenant, multi-story commercial retail and office building. This approval is in accordance with the provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code (NBMC). LAND USE AND ZONING • General Plan Land Use Plan Category: Corridor Commercial (CC) • Zoning District: Commercial Corridor (CC) SUMMARY As listed in the attached Comprehensive Sign Program Matrix (Attachment No. ZA 2) and required by Section 20.42.120 (Comprehensive Sign Program) of the NBMC, the Comprehensive Sign Program covers all signage for the building, including the installation of tenant wall signs, eyebrow signs, and directory signage for each of the eleven existing and/or future tenants. A comprehensive sign program is required for this site because it is a newly renovated multi- story, multi-tenant building. The Comprehensive Sign Program includes the following deviation requests from Chapter 20.42 of the NBMC: 1. To allow a sign for each of the eleven tenants on the East Coast Highway and Dahlia Avenue frontages, and a small sign on the directory wall for tenants located on the second floor; and, 2. To allow wall signs to be located within the middle 75 percent of tenant frontage where the NBMC requires wall signs to be located within the middle 50 percent of the tenant frontage; and, Moshayedi Sign Program (PA2023-0060) «HearingDATE» Page 2 Tmplt: 01-18-23 3. To allow walls signs located along the same frontage to be separated by less than 30 feet; and, 4. To allow two primary signs (Sign A1 on East Coast Highway and Sign B1 on Dahlia Avenue) for the anchor restaurant tenant that is in the corner (Suite 100) with two frontages where only one primary sign is allowed; and, 5. To allow a 30-percent increase in sign area for Sign B1 beyond what the NBMC allows; and 6. To allow directory signage for each tenant on an existing parapet wall that extends past the roofline and faces East Coast Highway. This approval is based on the following findings and standards and is subject to the following conditions. FINDINGS AND STANDARDS FOR APPROVED SIGNS Finding A. The project is exempt from environmental review under the requirements of the California Environmental Quality Act under Section 15311, Class 11 (Accessory Structures). Fact in Support of Finding Class 11 exempts minor structures accessory to existing commercial facilities, including signs. The proposed Comprehensive Sign Program (hereafter “Program”) includes signs that are incidental and accessory to the principal commercial use of the property and do not intensify or alter the use. Standard B. 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 – Comprehensive Sign Program]. Facts in Support of Standard 1. A comprehensive sign program is required whenever an existing multi-tenant development of three or more tenant spaces are proposed on the same lot and whenever signs are proposed to be located on or above the second story on a multi- story building. The existing site is on the corner of East Coast Highway and Dahlia Avenue and includes a newly renovated multi-tenant building with eleven tenant suites for existing and future tenants. Moshayedi Sign Program (PA2023-0060) «HearingDATE» Page 3 Tmplt: 01-18-23 2. The existing development is unique with two sides that face residential properties that do not provide logical opportunity for commercial signage. This leaves East Coast Highway and Dahlia Avenue as the most practical and compatible frontages for signage. Additionally, the frontages on East Coast Highway and Dahlia are abutting public sidewalks with no opportunity for any freestanding signs. 3. As proposed, the Program includes twelve wall signs for the eleven current and future tenants on the first and second story walls and eyebrows. All but one wall sign (Sign B1) will comply with the area allowed by the NBMC for wall signs. Several of the signs will have a smaller area than allowed by the NBMC to fit well with other signs on the same wall. The height of the letters of all the signs are smaller than allowed to fit proportionally upon the wall or eyebrow. Importantly, the signs collectively meet the intent of the NBMC without allowing a proliferation of signage. 4. The signage for second floor tenants is limited in location and size due to the design of the building and to reduce the appearance of cluttered walls. Therefore, to provide clear identification for the second-floor tenants, there will be an allowance for one additional two-square-foot name on the directory wall facing East Coast Highway. The tenants with small eyebrow signs (Signs A7 and B6) on the second floors will be allowed two signs, one on each side of the directory wall (Signs C1 and C2) to provide additional visibility for both directions of traffic along East Coast Highway. 5. The increased number of signs, and increased area for Sign B1 provide necessary identification for motorists traveling in both directions on East Coast Highway, which is a wide street with heavy vehicular traffic. 6. The purpose of a comprehensive sign program is to integrate all project signs. It provides a means for the flexible application of sign regulations for projects that require multiple signs. The font, colors, and materials of both the wall and ground sign will complement the architecture and colors of the commercial building. The proposed signage provides incentive and latitude in the design and display of signs. 7. Approval of this Program includes deviations to the number, location, and type of signs. It allows the flexible application of the sign regulations to achieve a unified design theme that meets the purpose and intent of the NBMC. The Program provides opportunity for adequate identification while guarding against the excessive and proliferation of signage. The signs are well designed and are limited in size and location to preserve the community’s appearance along the Corona del Mar commercial corridor while maintaining compatibility and respecting the residential uses that face the site. Standard C. 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. Moshayedi Sign Program (PA2023-0060) «HearingDATE» Page 4 Tmplt: 01-18-23 Facts in Support of Standard 1. The site is for use by multiple retail and office commercial tenants. The proposed signage design has been integrated with the design and character of the buildings. 2. Each tenant will be permitted signage that will ensure adequate visibility for identification purposes on the premises and from East Coast Highway to the greatest extent possible. 3. Each tenant will be permitted signage under the Program to allow tenants in the multi-tenant building to have wall or eyebrow signs and a small tenant directory sign for second-floor tenants. If the frontage of any tenant space is changed, deviation from this approval shall be reviewed by the Planning Division to determine substantial conformance with this approval. The size and location of the letters and logos of the signs will ensure that adequate visibility is provided, and not be abrupt in scale with the individual tenant frontage. Standard D. The sign program shall address all signs, including permanent, temporary, and exempt signs. Fact in Support of Standard The Comprehensive Sign Program addresses all project signage. Temporary and exempt signs not specifically addressed in the sign program shall be regulated by the provisions of Newport Beach Municipal Code Chapter 20.42 (Sign Standards). Standard E. 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 use is for multiple commercial tenants and has been designed to be effective for such uses. 2. It is not anticipated that future revisions to the Program will be necessary to accommodate normal changes in tenants or uses. However, flexibility has been incorporated into the Sign Program Matrix to allow minor deviations from the proposed signs. For example, tenants associated with Signs A1 and B1 have the option to use awning signs instead of wall signs, if they choose. Moshayedi Sign Program (PA2023-0060) «HearingDATE» Page 5 Tmplt: 01-18-23 3. Consistent with Chapter 20.42, the Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. Condition of Approval No. 6 allows minor changes to the proposed sign program should tenant spaces be consolidated or increased in the future, but it does not allow for a net increase in overall allowed signage. Standard F. The program shall comply with the standards of this Chapter [Chapter 20.42], except that deviations are allowed about signing 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 [Chapter 20.42]. Facts in Support of Standard 1. The Program requests deviations in the number of signs, location of wall signs, and type of signs which will enhance the identification and visibility of the commercial tenants from East Coast Highway and Dahlia Avenue. The site is unique in that it is larger than a typical commercial lot along the Corona del Mar commercial corridor with 17,824 square feet in building area. The building also maintains multiple frontages, at the corner of East Coast Highway, Dahlia Avenue, Fifth Avenue, and an alley. Fifth Avenue and the alley face the rear yards of residential properties and do not provide opportunity for signage to identify the building. Therefore, East Coast Highway and Dahlia Avenue are the only frontages appropriate for commercial signage for the large two-story, multi-tenant commercial building. The design of the building which was recently renovated and modernized includes two-stories and the opportunity for commercial and office tenants along this high-profile commercial corridor. 2. The sign provisions of the NBMC generally limit tenant signs to one wall sign per tenant frontage. The unique size and location of the building does not afford frontages along East Coast Highway or Dahlia Avenue for all the tenants. Therefore, appropriate identification warrants additional wall signs on the first and second floor. The Program includes the additional wall signs but also limits to smaller letter heights and areas to match proportionally to the walls without over cluttering or a causing a proliferation of signage. 3. The existing building as designed does not provide adequate areas between existing windows to support the minimum 30-foot required separation between wall signs. However, the placement of the proposed wall signage is limited to the middle 75 percent of the tenant width and provides a proportionate length to the wall or eyebrow it is placed on. The centering, placement and variation of sizes provide adequate distance to avoid visual clutter and satisfy the intent of the NBMC provisions. 4. The anchor restaurant tenant in Suite 100 is the only tenant on the corner of East Coast Highway and Dahlia Avenue with two frontages. The Program allows both Moshayedi Sign Program (PA2023-0060) «HearingDATE» Page 6 Tmplt: 01-18-23 frontages for this tenant to have primary wall signs at 1.5 times the tenant frontage. Additionally, one of these signs (Sign B1) is the only sign in the Program requesting the 30-percent-increase in area to allow for a 26-square-foot sign (instead of a 20 square foot maximum sign). 5. The unique design of the recently renovated building includes large window areas along East Coast Highway and Dahlia Avenue. Therefore, the second-floor tenants are only provided small eyebrow signs. The existing building includes a unique two-sided parapet wall facing both sides of East Coast Highway. This wall provides opportunity for additional identification for the second-floor tenants that only have small eyebrow signs. The directory wall signage for each tenant displays the individual name of tenants and are two square feet each. It provides additional signage on both sides of the directory wall to allow visibility for motorists on East Coast Highway. The second floor tenants with the smallest eyebrow signs (Signs A7 and B6) have directory signage on both sides of the parapet, while the other second floor tenants are provided signage on one side of the parapet. Standard G. 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 Program does not authorize the use of prohibited signs. Standard H. Review and approval of a Comprehensive Sign Program shall not consider the signs’ proposed message content. Fact in Support of Standard The Program contains no regulations affecting sign message content. CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, details, and elevations, except as noted in the following conditions. 2. Upon demolition or substantial structural and nonstructural changes to the exterior of the development on which this approval is based, this Program shall be rendered nullified, and a new comprehensive sign program shall be obtained for the new or altered development by the NBMC provisions in effect at the time the new development is approved. Moshayedi Sign Program (PA2023-0060) «HearingDATE» Page 7 Tmplt: 01-18-23 3. Locations of the signs are limited to the designated areas and shall comply with the limitations specified in the Sign Program Matrix included in Attachment No. ZA 2. 4. All signs shall be maintained by Section 20.42.170 (Maintenance Requirements) of the NBMC. Temporary and exempt signs not specifically addressed in the program shall be regulated by the provisions of Chapter 20.42 of the NBMC. 5. Locations of the signs are limited to the designated areas and shall comply with the limitations specified in the Sign Program Matrix included in Attachment No. ZA 2 and any applicable sight distance provisions of Chapter 20.42 of the NBMC. 6. In accordance with Section 20.42.120(F) (Revisions to Comprehensive Sign Programs) of the NBMC, the Community Development Director may approve minor revisions to the Program if the intent of the original approval is not affected. This may include deviations in the tenant configurations, such as combining or dividing suites. There shall be no net increase in the allowed number of signs without an amendment to this sign program. 7. Prior to the 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 approval and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 8. A building permit shall be obtained before the commencement of the construction and/or installation of the signs. 9. A copy of the approval action letter, including conditions of approval and sign matrix, shall be incorporated into the City and field sets of plans before issuance of the building permits for wall sign installations to identify this approval as the authority for location, size, and placement. 10. 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 the Moshayedi Sign Program including, but not limited to the Comprehensive Sign Program filed as PA2023- 0060 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, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, Moshayedi Sign Program (PA2023-0060) «HearingDATE» Page 8 Tmplt: 01-18-23 or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that the 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. APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: Approved by: LAW/msw Attachments: ZA No. 1 Vicinity Map ZA No. 2 Comprehensive Sign Program Matrix ZA No. 3 Project Plans Attachment No. ZA 1 Vicinity Map Tmplt: 01-18-23 VICINITY MAP Comprehensive Sign Program PA2023-0060 2600 East Coast Highway Subject Property Attachment No. ZA 2 Comprehensive Sign Program Matrix COMPREHENSIVE SIGN PROGRAM PA2023-0060 TABLE-MATRIX- 2600 EAST COAST HWY Designated Frontage 1. East Coast Highway 2. Dahlia Avenue 3. Fifth Avenue – Not allowed 4. Parking Lot – Not allowed SIGN TYPE AND LOCATION FRONTAGE DESIGNATION SIGN LIMITATIONS/RESTRICTIONS Wall Signs First Floor Tenants A1** and A2 A4*, A5, B1** East Coast Highway Sign Area: 36 sq ft. max. Letter/logo Height:18 inches max. Sign Length: not to exceed 75% of tenant width Location: centered within tenant width Font: Black Uniform Illumination: Per Zoning Code Section 20.42.060H. Dahlia Avenue Sign Area Max.: B1- 26 sq. ft., A4 – 24 sq. ft., A5- 36 sq. ft. Letter/logo Height: 18” max.* Sign Length: not to exceed 75% of tenant width or for A4 not to exceed 75% of area between awnings Location: centered within tenant width Font: Black Uniform Illumination: Per Zoning Code Section 20.42.060H. * A4 tenant is allowed two lines for letters/logo above door 18” max letter height for each line. 36” total sign height including both lines. ** A1 and B1 tenant can have awning signs instead of wall signs Wall Signs Second Floor Tenants A10 and A11 East Coast Highway Sign Area: 25 sq. ft. max. Letter/logo Height:12 inches max. Sign Length: not to exceed 75% of tenant width Location: centered within tenant width Font: Black Uniform Illumination: Per Zoning Code Section 20.42.060H. Dahlia Avenue Sign Area: 45 sq. ft. max (A10) and 36 sq. ft. max. (A11) Letter/logo Height:18 inches max. Sign Length: not to exceed 75% of tenant width Location: centered within tenant width Font: Black Uniform Illumination: Per Zoning Code Section 20.42.060H. Eyebrow Signs A3 first floor, A7, A8, A9 and B6 second floor East Coast Highway Sign Area: A9 - 23 sq. ft. max, B6 – 9 sq. ft. max Letter/logo Height:12 inches max. Sign Length: not to exceed 75% of tenant width Location: centered within tenant width Font: Black Uniform Illumination: Per Zoning Code Section 20.42.060H Dahlia Avenue Sign Area: 23 sq. ft. max. Letter/logo Height:12 inches max. Sign Length: not to exceed 75% of tenant width Location: centered within tenant width Font: Black Uniform Illumination: Per Zoning Code Section 20.42.060H Directory Wall Panels C1 (Available for all second-floor tenants) and C2 (Available for tenants in A7 and B6) East Coast Highway Sign Area: 2 sq. ft. Letter Height: 6” *no logos allowed Sign Length: 42” max. Font: Black Uniform Illumination: Per Zoning Code Section 20.42.060H. All window and other exempt signs In accordance with Chapter 20.67 Attachment No. ZA 3 Project Plans