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HomeMy WebLinkAboutEXC047_EXCEPTION PERMIT #47, 1501 WESTCLIFF DR IN-SITE REAL ESTEXCEPTION PERMIT APPLICATION CITY OF NEWPORT BEACH No. Ef Na, % 7 Application Rec'd by Fee: $ 5 PLANNING DEPARTMENT 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658-8915 (714) 644-3200 Applicant. (Print) In -Site Real Estate Services Phone (714) 432-7300 Mailing Address 150 Paularino Ave., Suite 193, Costa Mesa, CA 92626 Property owner Gold Realty Company Phone (714) 432-7300 150 Paularino Ave., Suite 193 Mailing Address c/o In -Site Real Estate Services, Costa Mesa, CA 92626 Address of Property involved 1501 Westcliff Drive, Newport Beach, California Purpose of Application (describe fully) See attachment. Zone— A.P.F. Present Use Office and Banking Legal Description of Property Involved (if too long, attach separate sheet) See attachment. Why will proposal not be contrary to the purpose of the Sign Ordinance? See attachment. Exceptional or extraordinary circumstances involved? See attachment. Why is an exce & permit ermit necessary to protect a substantial property right? See atta ment. Why will proposal not be detrimental to the neighborhood? See attachment. OWNER'S AFFIDAVIT (I) (We) Robert Hommel, As Agent for G am) (we are) the owner(s) of the property(i further certify, under penalty of perjury, herein contained and the information her correct to the best of (my) (our) knowl Id Realty Co. depose and say that (I ;) involved in this application. (I) (We) that the foregoing statements and answers :h submitted are in all respects true and �c].�b�lief.By: /)ite Real Estate Service �j�'\ t for Gold Realty Co. Signature RobOft , Partner NOTE: An agent may sign for the owner if written authorization from the reowner is filed with the application. 1" &# -------------------------------- --------------- ------ -- DO NOT COMPLETE APPLICATION BELOW THIS LINE CITY OF NEWP Rp Date Filed �(- 4 - 9 � Fee Pd. S5eL o (9� Receipt No. v� / Hearing Date P. C. Action Appeal C.C.Hearing Date 1 )_' g' 4Z C.C.4ction Date 0 9 Purpose of Application (describe fully): To allow for the placement of a sign on 1501 Westcliff Drive, Newport Beach which advertises the tenancy of 1515 Westcliff as well as 1501 Westcliff Drive. The buildings appear to share one parcel and this request would allow the signage to conform with that appearance. The signage requested is significantly less in size and number that is permitted under the present ordinance. Zone: A.P.F. Legal Description of Property Involved: Present Use: Office and Banking 1501 Westcliff Drive: Lot 8, Tract No. 4225, as per map recorded in Book 153, pages 23 and 24 of Miscellaneous Maps in the office of the County Recorder of Orange County, California. EXCEPT, the Northwesterly 55.98 feet thereof. ALSO, EXCEPT that portion thereof described as follows: BEGINNING at a point on the Northeasterly line of said lot, South 50 10' 30" East 55.98 feet from the most Northerly corner of said Lot 8; thence South 39 49' 30" West, along a line parallel with and 55.98 feet Southeasterly from the Northwesterly line of said lot, 288.00 feet to the Southwesterly line of said lot; thence South 50 10' 30" East, along said Southwesterly line, 9.74 feet to the beginning of a tangent curve in said Southwesterly line, said curve being concave Westerly having a radius of 80.00 feet; thence Southeasterly along said curve and along said Southwesterly line, through an angle of 22 13' 33", a distance of 31.03 feet to a point 95.98 feet Southeasterly measured at right angles from the Southwesterly prolongation of said Northwesterly line; thence North 39 49' 30" East parallel with said Northwesterly line 63.94 feet; thence South 50 10' 30" East parallel with said Northeasterly line, 99.00 feet; thence North 39 49' 30" East parallel with said Northwesterly line, 63.00 feet; thence North 52 16' 38" East 163.30 feet to a point on the Northeasterly line of said Lot 8, said Northeasterly line being a curve, concave Westerly having a radius of 192.00 feet, said point being 54.00 feet Southeasterly, measured along said Northeasterly line from the Northwesterly terminus of said curve, a line radial to said curve bears South 55 56' .22" West from said point; thence Northwesterly along said Northeasterly line through an angle of 16 06' 52", a distance of 54.00 feet to a line tangent; thence North 50 10' 30" West along said line tangent and along said Northeasterly line a distance of 120.92 feet to the point of beginning. Why will proposal not be contrary to the purpose of the Sign Ordinance? Approval will result in the placement of a total of fifty (50 SF) square feet of tasteful signage which would be more desirable from the neighborhood's standpoint than two (2) two hundred (200 SF) square foot signs which are permitted under the ordinance. Exceptional or extraordinary circumstances involved? The two parcels (1501 & 1515 Westcliff) share entrances, parking and landscape areas. They have the same owner and are managed by the same company. The distance from the proposed location of the common sign to the adjoining parcel is approximately 25 feet. Why is an exception permit necessary to protect a substantial property right? Approval would protect the signage rights of 1515 Westcliff without unnecessarily constructing a second sign for 1515 Westcliff which would clutter the area from a signage standpoint. Why will proposal not be detrimental to the neighborhood? It will benefit the neighborhood through a reduction in total signage that otherwise would be placed in the property. &JANAGEMENT AGREEMEl THIS AGREEMENT is made this V day of June 1992, between Gold Realty Company maintaining an office at 340 North Camden Road Suite 302 Beverly Hills California 90210 (hereinafter referred to as "Owner") and IN -SITE REAL ESTATE SERVICES, maintaining an office at 150 Paularino Avenue, Suite 193, Costa Mesa, California (hereinafter referred to as "Agent"). Owner designates Agent as the exclusive managing Agent for Owner's real property located at 1501 and 1515 Westcliff Drive Newport Beach California (hereinafter referred to as the "Building" or the "Property"). 1. Authority and Responsibilities of Agent: 1.1 Agent shall have the sole and exclusive authority, right and power to operate and manage the Property. Except as specified in this Agreement, all obligations or expenses incurred by the Agent under this Agreement shall be on behalf of, and at the expense of Owner, and Owner expressly agrees to assume and pay such obligations and expenses. 1.2 Agent shall appoint a Real Estate Manager to manage the Property, and said manager shall be Agent's primary representative in managing the Property. 1.3 The authorities, duties and responsibilities of Agent in connection with the management of Property shall be as follows: (a) Agent shall take all reasonable steps to collect, and enforce the collections of, all rentals, security deposits, and other charges due Owner from tenants of Property in accordance with the terms of their leases or rental agreements. (b) Agent shall take all reasonable steps to establish tenant relations, renew expiring leases, and negotiate tenant expansion proposals with existing tenants of Property. W From Owner's funds, Agent is authorized -to pay all loan payments, all operating expenses and all other expenses of Property except as provided under Paragraph 1.3(d) below. If Owner elects to have any payments made in manner other than as herein provided, Owner shall notify Agent in writing. Expenses of Property shall include all of Agent's expenses directly related to Property. (d) Agent shall take all steps reasonably appropriate to manage Property, including the monitoring of independent contractors responsible for the repair and maintenance of Property. No single improvement, alteration or repair costing more than One Thousand Five Hundred and No/100ths Dollars ($1,500.00) shall be made without Owner's prior authorization. However, in case of an emergency which, in the opinion of Agent, requires immediate repairs or alterations costing in excess of the above amount, Agent may make such repairs or alterations. (e) Agent shall have authority to hire, supervise and terminate, on behalf of Owner, any independent contractors and Property employees reasonably required in the operations of Property. It is agreed that all Property employees are employees of Owner, and are not employees of Agent. For Property employees for whom Agent processes the payroll, Owner shall pay Five Percent (5%") of the gross payroll as a payroll processing fee. Agent shall prepare payroll tax returns for said employees and make payments of such taxes to appropriate agencies from Owner's funds. Mg13Agro.dm -1- Int($ (f) Agent's Real Estate Manager shall receive tenant communications on behalf of Owner and shall use reasonable efforts to ensure tenant compliance with lease provisions. (g) Agent is not authorized to practice law. If Agent deems legal assistance is necessary for any reason, including but not limited to rent collection or tenant eviction, Agent shall obtain such assistance from counsel approved by Owner. Any such legal action undertaken shall be in Owner's name only. All legal fees, costs and expenses shall be the responsibility of Owner and paid from Owner's funds. (h) Agent shall maintain accurate records of all funds received and disbursed in connection with Agent's management of Property and said records shall be available for Owners inspection at reasonable times upon receipt of written notice therefor. Agent's accounting records and reports will be provided in Agent's current standard reporting format. Agent will provide variations in its standard format or additional reports at an additional charge to Owner. All monies received by Agent for or on behalf of Owner shall be and remain the property of Owner and shall be deposited in a bank designated by Owner and in special accounts called substantially as follows: IN -SITE Real Estate Service As Agent for Gold Realty Company After deducting all expenses, reserves, any sums required by law and Agent's fees and commissions from Gross Monthly Collections, (as defined below), a check in the net amount of all funds collected for Owner's account shall be remitted monthly by Agent to Owner at the address specified herein or as Owner may otherwise direct in writing. Agent shall also render to Owner a statement showing all amounts received and disbursed for the period reported. (i) Agent shall cooperate with appraisers or counsel retained by Owner to evaluate Property or appeal assessed values but shall not be responsible for such undertakings. 2. Responsibilities of Owner: In consideration of real estate management services to be rendered by Agent under this Agreement, Owner agrees as follows: (a) Owner shall promptly furnish Agent with all documents and records required for the management of Property, including but not limited to, all leases, amendments and correspondences related thereto; the status of rental payments; mortgage loan information and payment instructions; copies of service contracts in effect; and all applicable insurance policies. Agent must receive accurate records when initially taking over the management of Property and will charge additional fees if the records provided are inadequate. (b) Owner shall at all times maintain sufficient funds in the Property trust account to enable Agent to pay all obligations of the Property in a timely manner. If collections are projected to be insufficient or will not be received in time to satisfy this requirement, Owner shall promptly provide Agent with the necessary funds, in advance. If Owner has not provided said funds within seven (7) days after Agent's request for them Agent may, at Agent's sole option, terminate this Agreement. Agent shall not be required to advance funds for owner's account. However, should Agent make a payment for Owner's account and should a deficit occur therein, upon notification by Agent, Owner shall immediately remit to Agent sufficient funds to remove this deficit. (c) Owner shall pay Agent as the fee for its management services the greater of (i) a minimum fee of One Thousand Four Hundred and 00/1t10 Dollars ($ 1.400.00) per month or (ii) Three Percent C3—%) of all Gross Monthly Collections from Net Leases, Union Bank and Fidelity Federal Savings Bank, plus Femur Percent •(4yo) of all Gross Monthly Collections from Gross Leases of Property. "Gross Monthly MSOAgro.dw -2- In /-A Collections" is defined as the total of all rents, security deposits (when applied or forfeited), and other monies collected during the month from the Property, including collections made by Owner or others designated by Owner. Additionally, Owner shall pay Agent an administrative fee of Five Percent U %) of any amount (including related professional services totaling in excess of Five Thousand and 00/100 Dollars ($5.000.00) which is expended for any construction or repair project in or about Property. (d) Owner shall pay Agent as the fee for its marketing services provided under Paragraph 1.3(b) the leasing commissions provided under Management Agreement - Schedule of Lease Commissions. 3. Insurance and Indemnification: (a) Owner shall defend Agent and, except for Agent's adjudicated willful misconduct, or gross negligence, Owner shall indemnify and save Agent harmless from any and all claims, cost, expenses, demands, attorney's fees, suits, liabilities, judgements, and damages arising from or connected with Owner's usual and conventional responsibilities or the performance or exercise of any duties or obligations of Owner, including, but not limited to those set forth in this Agreement. Agent will defend Owner, and except for Owner's adjudicated misconduct or negligence, Agent shall indemnify and save Owner harmless, from any and all claims, costs, expenses and demands, attorney's fees, suits, liabilities, judgements and demands arising from or connected with Agents usual or conventional responsibilities or the performance or exercise of any duties or obligations of Agent, including but not limited to those set forth in this Agreement. (b) Owner and Agent shall carry public liability insurance, including bodily injury, property damage and personal injury, in amounts equal to the greater of (i) not less than One Million Dollars ($1,000,000.00) combined single limit coverage, or One Million Dollars ($1,000,000.00) per person and One Million Dollars ($1,000,000.00) per occurrence bodily injury and personal injury and One Million Dollars ($1,000,000.00) property damage, or (ii) those carried in the form and coverage amounts commonly carried by reasonable owners of properties similar in type, location and value, to the Property, and by Agents for similar properties. Owner, and Agent each waive subrogation against the other. Owner and Agent agree that neither shall make any claims against or seek to recover from the other for any loss or damage to Property or Owner covered by such insurance. (c) Owner and Agent shall carry worker's compensation and employer's liability insurance at the limits no less that statutory requirements where required to do so by law, including employer's non -owned automobile liability insurance. Both Owner and Agent shall comply with all local, State and Federal laws and regulations, including minimum wage laws, applicable to any employees. Both Owner and Agent further agree to hold harmless and defend the other from any and all claims, including all costs of defense, arising by reason of employment of either Owner or Agent's employees. (d) Owner and Agent agree that at all times during the term of this Agreement, all bodily injury, property damage and personal injury insurance carried by either Owner or Agent relating to the Property shall extend to insure the other, by endorsement, as an additional insured. (e) Such insurance coverage and endorsements required under this Agreement shall be delivered by Owner or Agent to the other upon request. (f) Either Owner or Agent shall receive not less than thirty (30) days notice before any cancellation or material alteration of any insurance coverage. PASOASmAm -3- In q 4. Insurance Brokerage: is designated as Owner's insurance broker. Upon execution of this Agreement, Owner shall review the insurance coverage for the Property with said insurance broker to ensure its adequacy and compliance with this Agreement. Agent shall not be responsible for the type, amount and sufficiency of insurance coverage on the Property. 5. Payment of Taxes: Owner shall initial one (1) of the alternatives below and elect the procedure to be followed with respect to payment of all real estate taxes and assessments levied against the Property. (a) Owner shall be responsible for the payment of said amounts, and Agent shall have no responsibility for payment. X (b) Agent shall pay said taxes from owner's funds. Owner shall ensure that Owner's account has sufficient funds to pay all taxes in a timely fashion. 6. Term of Agreement: The appointment under this Agreement of Agent as sole and exclusive Agent for the management of the Building shall become effective as of July 1. 1922, and such appointment hereunder shall remain in full. force and effect for a period of one (1) year from the date it became effective as aforesaid, and shall continue thereafter from month to month in full force and effect until terminated by either party on thirty (30) days prior written notice. This Agreement may be terminated by either party, with or without cause, upon thirty (30) days prior written notice. 7. Termination Accounting: In the event of any payments for Owner's account are received by Agent following the expiration or earlier termination of this Agreement they shall be used to pay outstanding invoices. In the event and to the extent that there are not sufficient funds in Owner's account, Agent shall forward to Owner any unpaid invoices, and Owner shall be solely responsible to pay same. Agent's fee will be paid through the next accounting report period following the expiration or earlier termination date of this Agreement. 8. General Provisions: (a) If a petition in bankruptcy is filed by or against either Owner or Agent, or if either makes any assignments for the benefit of creditors or takes advantage of any insolvency act or proceeding, the other party thereto may cancel this Agreement upon ten (10) days notice in writing. (b) Owner will pay Agent Fifty and No/100ths Dollars ($50.00) per hour for each hour of Agent's cumulative time, in excess of five (5) hours, expending as a result of any casualty, injury, suit, claim, or hearing. (c) If either party hereto brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to reasonable attorneys' fees to be paid by the losing party as fixed by the court. (d) This Agreement represents the entire Agreement between the parties and supersedes all prior oral and written agreements, understandings, proposals and communications. This Agreement shall be for the benefit of and binding upon the heirs, successors, and assigns the parties hereto. This Agreement cannot be assigned without the express written consent of the other party. The Agreement cannot be Mg13Ag[e.dm .4. In : /A amended, modified, or changed except in writing and signed by both Owner and Agent. (e) This Agreement shall be governed by the laws of the State of California, and the venue for any action brought in connection with the Agreement shall be in Orange County, California. (f) Whenever under any provision of this Agreement the approval or consent of either party is required, the decision shall be promptly given and any approval or consent shall not be unreasonably withheld or delayed. It is further understood and agreed that whenever under any provision of this Agreement approval or consent is required, the approval or consent shall be deemed to have been duly given if such approval or consent is given by the person executing this Agreement or the person, as in the case may be, designated in Paragraph 9 of this Agreement. Agent may rely exclusively and conclusively on the designation set forth in Paragraph 9 of this Agreement. 9. Notice: (a) All notices shall be in writing and may be given by personal delivery or by any commercially acceptable means. All notices are deemed received upon actual receipt. (b) For the purpose of this Agreement, unless changed by written notice, the mailing addresses of the parties for all purposes shall be: Owner's Notice Address Gold Realty Company 340 North Camden Dr., Suite 302 Beverly Hills, California 90210 Attn: Richard Gold Agent's Notice Address IN -SITE Real Estate Services 150 Paularino Avenue, Suite 193 Costa Mesa, California 92626 Attn: Robert G. Hommel IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. AGENT: IN-SLn MS:TASERV10ES By: Its: MSOAaro.doo -5- 1 YA Planning Commission Meeting December 8, 1994 Agenda Item No. 1 CITY OF NEWPORT BEACH TO. Planning Commission FROM:. Planning Department SUBJECT: Exception Permit No 47 (Discussionl Request to permit the construction of an off -site double-faced monument sign to be erected in conjunction with two existing office buildings located at the corner of Westcliff Drive and Dover Drive, on property located in the APF-H District. LOCATION: Parcel 1 of Parcel Map 7529-476 (Resubdivision No 195), located at 1501 Westcliff Drive, on the southwesterly comer of Westcliff Drive and Dover Drive, across the street from the Upper Castaways Planned Community. ZONE: APF-H APPLICANT: In -Site Real Estate Services, Costa Mesa OWNER: Gold Realty Company, Costa Mesa Application This is a request to permit the construction of an off -site, double-faced, multi -tenant monument sign to be erected in conjunction with two existing office buildings located at the corner of Westcliff Drive and Dover Drive, on property located in the APF-H District. Section 20.06.060 of The Newport Beach Municipal Code provides that off -site signs are subject to securing the approval of an exception permit by the Planning Commission. Environmental Significance The proposed sign has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). • 0 TO: Planning Commission - 2 Conformance with the General Plan The Land Use Element of the General Plan designates the subject property for "Administrative, Professional and Financial Commercial" uses. The subject off -site sign is a permitted use within this designation and is ancillary to the office uses located on the subject property. The proposed off -site sign is consistent with the Land Use Element policies and guidelines. Subject Property and Surrounding Land Uses The subject property located at 1501 Westcliff Drive, which is the proposed location for the new off -site sign, is currently occupied by a 3 story multi -tenant office building located at the southwesterly corner of Dover Drive and Westcliff Drive; immediately to the west is a an office building which is requesting advertising on the proposed off -site sign. The two buildings informally share an adjacent parking lot and the complex contains a mixture of professional and business office uses., To the north of the subject property, across Westcliff Drive, is the Westcliff Villas residential condominium. complex; 'to the east across Dover Drive is vacant land (Upper Castaways); and to the south and west is a mixture of office uses and related parking areas. Anai si The proposed sign will advertise the tenants of the on -site building as well as the tenants of the single story office building (1515 Westcliff Drive) located to the west of the subject property and will be for identification purposes. The design of the subject sign maybe seen on the attached elevations, indicating the dimensions and proposed colors of the sign. The sign is approximately 8 feet in height, will be internally illuminated and is comprised of individual panels with an overall area of approximately 50 square feet. The proposed sign will replace the existing free-standing sign which identifies Health South Sports Medical. It is intended that the sign will direct motorists travelling eastbound on Westcliff Drive and southbound on Dover Drive into the subject complex, although it may also be viewed by motorists travelling west along Westcliff Drive or north along Dover Drive. Inspection of the subject property revealed the presence of two free-standing signs. One of the signs identifies a tenant of the subject property and the second sign is a leasing sign which identifies the leasing company and a phone number. The applicant has indicated that the tenant sign will be removed upon completion of the monument sign which is the subject of this application. The leasing sign is a permitted use in accordance with Section 20.06.080 B of the Municipal Code and may remain. The sign is limited to a maximum area of 20 square feet. TO: Planning Commission - 3 Public Works Concerns The Public Works Department has indicated a concern with regard to the proposed location of the sign and sight distance requirements for the street and public sidewalk located in front of the proposed sign. The Public Works Department therefore suggests that the sign be relocated, elevated or redesigned as a pole sign, so as to improve visibility and sight distance for vehicles traveling eastbound on Westcliff Drive turning southbound onto Dover Drive, should a traffic back up occur on Dover Drive. This will also improve pedestrian and bicycle visibility and sight distance. The applicant has agreed to either relocate or redesign the sign structure so as to not impair the sight distance. The appropriate condition of approval has been incorporated into the attached Exhibit "A". Applicant's Statement of Support In accordance with Section 20.06.090B of the Newport Beach Municipal Code, in order to grant an exception permit, the Planning Commission must find that the granting of such a permit is necessary to protect a substantial property right, will not be contrary to the purpose of Chapter 20.06, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. In response to the above requirements, the applicant has submitted the attached statements in support of his application. Staff is of the opinion that the request is reasonable and concurs that this request will reduce the number of signs that would otherwise be permitted by Code. Staff is also of the opinion that should the neighboring property (1515 Westcliff Drive), which intends to be identified by the subject off -site sign, erect a freestanding sign on -site, then any identification on the off -site sign should be removed and this approval rendered null and void. The appropriate condition of approval has been incorporated into the attached Exhibit "A". Specific Findings and Recommendations Should the Planning Commission wish to approve this application, the findings and conditions set forth in the attached Exhibit "A" are suggested. Staff cannot reasonably make any findings for denial, and therefore, no exhibit is provided. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By ' Javier S. arcia Associate Planner 0 TO: Planning Commission - 4 Attachments: Exhibit "A" Vicinity Map Letter from Applicant Justifying the Request Elevation, Site Plan and Color Indications of Proposed Sign F.\WPSI\PLANNING\JAY-G\SR\EP47.SR 11 • TO: Planning Commission - 5 EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR EXCEPTION PERMIT NO.47 1. That the proposed sign and off -site identification is compatible with surrounding land uses. 2. That the proposed sign and off -site identification will not have any significant environmental impact. 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That public improvements may be required of a developer per Section 20.06.090 of the Newport Beach Municipal Code. 5. That the granting of this exception permit will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City, inasmuch as only one freestanding sign is proposed to be erected on one of the two properties. CONDITIONS: 1. That development shall be in substantial conformance with the proposed dimensions and colors of the sign, except as noted in the following conditions. 2. That the proposed monument sign be redesigned so that the sign is at least 6 feet above sidewalk grade, providing sight distance under the sign; or that the sign be relocated so that it will not block the stopping sight distance for the right turn turning movement from eastbound Westcliff Drive to southbound Dover Drive. That a minimum 200 foot stopping sight distance be provided. 3. That the final location and design of the off -site monument sign shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department, prior to the issuance of a building permit. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That the applicant shall obtain a building permit for the proposed off -site sign from the Building Department. • • TO: Planning Commission - 6 6. That the existing freestanding sign (not including the temporary real estate sign) shall be removed upon completion of the subject monument sign and any additional freestanding signs shall be prohibited. 7. That should the neighboring property (1515 Westcliff Drive) desire to erect a freestanding monument or pole sign, tben,any reference to an off -site tenant shall be removed from the subject sign (1501 Westcliff Drive) upon its completion and this approval for Exception No. 47 shall be rendered null and void. xr •u- n rs. n-+-n •.<rl xr.,� n n•A r x I raw, t•ll-lP eA✓RLL PL. R-/ LANL r 2 7Rf R-� a lrx R-/ f r see or VICINITY MAP ,n - >� nn • r�r—� A� R I C T I N G MAP NEWPORT BEACH -CALIFORNIA R-A AGRICULTURAL RESIDENTIAL C-I LIGHT COMMERCIALI INTERMEDIATE ORD 1-11 RGI C . Arr R-I SINGLE FAMILY RESIDENTIAL C-2 GENERAL COMMERCIAL U UNCLASSIFIED =M12.1-42t. R-2 MFII DUPLEX RESIDENTIAL MULTIPLE FAMLY RESIDENTIAL M-1-A CONTROLLED MANUFACTURING C-N NEIGHBORHOOD -COMMERCIAL R-4 MULTIPLE RESIDENTIAL M-1 MANUFACTURING -B —X COMBINING DISTRICTS ORD. NO. 635 r' Arr Ap1M, r+xr., FIN+. LOMLRGAa GATE occ. u• urA MAP N0. EXCEPTION PERMIT NO. 2 ir ill KOL .. • . Cl To allow for the placement of a sign on 1501 Westcliff Drive, Newport Beach •which advertises the tenancy of 1515 Westcliff as well as 1501 Westcliff Drive. The buildings appear to share one parcel and this request would allow the signage to conform with that appearance. The signage requested is significantly less in size and number that is permitted i under the present ordinance. ne• A.P.F. Present.Use: 'Office and Banking Why will proposal not be contrary to the purpose of the Sign Ordinance? Approval will result in the placement of a total of fifty (50 SF) square feet of tasteful signage which would be more desirable from the neighborhood's standpoint than two (2) two hundred (200 SF) square foot signs which are permitted under the ordinance. Exceptional or extraordinary circumstances involved? The two parcels (1501 & 151.5 Westcliff) share entrances, parking and landscape areas. They have the same owner and are managed by the same company. The distance from the proposed location of the common sign to the adjoining parcel is approximately 25 feet. Why is an exception permit necessary to protect a substantial property right? Approval would protect the signage rights of 1515 Westcliff without unnecessarily constructing a second sign for 1515 Westcliff which would clutter the area from a signage standpoint. Why will proposal not be detrimental to the neighborhoodl It will benefit the neighborhood through a reduction in total signage that otherwise would be placed in the property. 12/01/94 *8 $ 818 786 4961 *TE6PRTE[- SIGN P.82 asI '0, cp� COMMISSIONERS • MINUTES CITY OF NEWPORT BEACH December 8 1994 ROLL CALL INDEX Exception Permit No. 47 (Discussionl equest to permit the construction of an off -site double-faced onument sign to be erected in conjunction with two existing ffice buildings located at the corner of Westcliff Drive and Dover Drive, on property located in the APF-H District. CATION: Parcel 1 of Parcel Map 7529-476 (Resubdivision No 195), located at 1501 Westcliff Drive, on the southwesterly corner of Westcliff Drive and Dover Drive, across the street from the Upper Castaways Planned Community. ONE: APF-H PLICANT: In -Site Real Estate Services, Costa Mesa OWNER: Gold Realty Company, Costa Mesa . Bob Hommel, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit 'W'. Commissioner Ridgeway stated that the City Traffic Engineer requested a redesign of the monument sign so as to improve he visibility and sight distance for vehicles traveling eastbound n Westcliff Drive turning southbound onto Dover Drive, and r. Hommel agreed with the recommendation. He indicated at the redesign of the monument sign would open up the fight line. In response to a question posed by Commissioner idgeway, Mr. Hommell replied that the proposed sign would e 5 feet high by 10 feet wide. Commissioner Ridgeway pproved the design of the proposed sign, and he commented that he prefers monument signs to pole signs. n response to comments by Commissioner Ridgeway, Don Webb, Public Works Director, explained that it was for -3- Item No.1 EP 47 Approved Mot All COMMISSIONERS \X � 0�q �o o,�,%ba,� Ll CITY OF NEWPORT BEACH MINUTES December 8, 1994 ROLL CALL INDEX pedestrian and vehicular safety reasons that the Public Works Department requested the applicant redesign or relocate the proposed sign. The Planning Commission discussed the feasibility of the applicant coming back to the Planning Commission to review a revised design of the sign. In response to questions by Chairman Gifford with respect to the proposed sign, Mr. Hommel discussed the locations on the subject property where the sign could be relocated. Commissioner Ridgeway suggested a vertical sign, and be relocated to provide a safer sight distance. .ion * Motion was made and voted on to approve Exception Permit Ayes No. 47 subject to the findings and conditions in Exhibit "A". MOTION CARRIED. FINDINGS: 1. That the proposed sign and off -site identification is compatible with surrounding land uses. 2. That the proposed sign and off -site identification will not have any significant environmental impact. 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That public improvements may be required of a developer per Section 20.06.090 of the Newport Beach Municipal Code. 5. That the granting of this exception permit will not be contrary to the purpose of Chapter 20.06 of the -4- COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES December 8 1994 ROLL CALL INDEX Municipal Code, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City, inasmuch as only one freestanding sign is proposed to be erected on one of the two properties. ONDITIONS• 1. That development shall be in substantial conformance with the proposed dimensions and colors of the sign, except as noted in the following conditions. 2. That the proposed monument sign be redesigned so that the sign is at least 6 feet above sidewalk grade, providing sight distance under the sign; or that the sign be relocated so that it will not block the stopping sight distance for the right turn turning movement from eastbound Westcliff Drive to southbound Dover Drive. That a minimum 200 foot stopping sight distance be provided. That the final location and design of the off -site monument sign shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department, prior to the issuance of a building permit. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That the applicant shall obtain a building permit for the proposed off -site sign from the Building Department. That the existing freestanding sign (not including the temporary real estate sign) shall be removed upon -5- GOMMISSIONERS 0 \\ ��Or�`�G',f� d.--1 L] CITY OF NEWPORT BEACH MINUTES December 8, 1994 ROLL CALL INDEX completion of the subject monument sign and any additional freestanding signs shall be prohibited. 7. That should the neighboring property (1515 Westcliff Drive) desire to erect a freestanding monument or pole sign, then any reference to an off -site tenant shall be removed from the subject sign (1501 Westcliff Drive) upon its completion and this approval for Exception No. 47 shall be rendered null and void. St et Name Change Public Hearin Reques to consider street name changes of "Belcourt Drive North" an "Belcourt Drive South" to "Belcourt Drive"' and a change of ' ndsdowne Drive" to "Chatham Court" in the Belcourt Area the Aeronutronic-Ford Planned Community District. ter Association, Irvine APPLICANT: \askif Commissioner Adastreet name change would cost the City as ir to be a mistake by the developer. James ing Director, explained that costs incurred by rechanges were paid by the City inasmuch as the cost is not sigh icant. e public hearing was opened in conne ion with this item, and Mr. Keith Smith, President of the elcourt Master Association, appeared before the Planning C ssion. Mr. Smith explained that the interior signs would made and e City. aid for by the Association and there would be n \one Commissioner Adams asked if the street name sigignals need to be changed. Mr. Hewicker and D Public Works Director, discussed the conflict of street names -6- Item No.2 street Na Change Approved TENANT I TENANT • CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT RETURN) X TRAFFIC ENGINEER FIRE DEPARTMENT X BUILDING DEPARTMENT _PARKS & RECREATION X POLICE DEPARTMENT MARINE SAFETY _GRADING _REVENUE Date: November 15. 1994 a: PLANS XTTACHED (PLEASE' _FLANS ON FILE IN PLANNING DEPT. APPLICATION OF: In -Site Real Estate Services FOR: Exception Permit No. 47 DESCRIPTION: Request to pern#t the construction of an off -site double-faced monument sign to be erected in conjunction with two existing office buildings located at the comer of Westcliff Drive and Dover Drive, on property located in the APF-H District. LOCATION: 1501 Westcliff Drive REPORT REQUESTED BY: November 23, 1994 COMMISSION REVIEW: December 8, 1994 COMMENTS: 0 • November 21, 1994 TO: PLANNING DEPARTMENT t FROM: PUBLIC WORKS DEPARTMENT SUBJECT: Exception Permit No. 47 FINDINGS & CONDITIONS OF APPROVAL 1. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 2. That public improvements may be required of a developer per Section 20.06.090 of the Municipal Code. CONDITIONS: 1. That all improvements be constructed as required by Ordinance and the Public Works Department. 2. That the proposed monument sign be redesigned so that it is at least 6 feet above sidewalk grade, providing sight distance under the sign, or that it be relocated so that it will not block the stopping sight distance for the right turn turning movement from Westcliff Drive to Dover Drive south. That a minimum 200, stopping of sight distance be provided. That the final location and design of the monument sign shall be approved by the Public Works Department. plan-com\e=47.con CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT RETURN) ' FFIC ENUM'EB.� . ' FIRE DEPARTMENT X BUILDING DEPARTMENT _PARKS & RECREATION X POLICE DEPARTMENT _MARINE SAFETY _GRADING _REVENUE Date: November 15, 1994 X P! ANS = .,A.T..J;'ACHED (PLEASE _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: In -Site Real Estate Services FOR: Exception Permit No. 47 DESCRIPTION: Request to pern}it the construction of an off -site double-faced monument sign to be erected in conjunction with two existing office buildings located at the corner of Westcliff Drive and Dover Drive, on property located in the APF-H District. LOCATION: 1501 Westcliff Drive REPORT REQUESTED BY: November 23, 1994 COMMISSION REVIEW: December 8, 1994 COMMENTS: 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST Date: November 15. 1994 _ADVANCE PLANNING DIVISION XPUBLIC WORKS DEPARTMENT RETURN) X TRAFFIC ENGINEER FIRE DEPARTMENT '�'B:[JILDIl�TG DEPAR�'ME1VT` •� _PARKS & RECREATION X POLICE DEPARTMENT _MARINE SAFETY _GRADING _REVENUE PLANS-- ATTACHED _ _(PLEASE _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: In -Site Real Estate Services FOR: Exception Permit No. 47 DESCRIPTION: Request to pern}it the construction of an off -site double-faced monument sign to be erected in conjunction with two existing office buildings located at the corner of Westcliff Drive and Dover Drive, on property located in the APF-H District. LOCATION: 1501 Westcliff Drive REPORT REQUESTED BY: November 23, 1994 COMMISSION REVIEW: December 8, 1994 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT RETURN) X TRAFFIC ENGINEER FIRE DEPARTMENT X BUILDING DEPARTMENT _PARKS & RECREATION P"�:ICETDEPARTMENT MARINE SAFETY _GRADING _REVENUE Date: November 15, 1994 X PLE1I�iS, __,A,UQ;CHED (PLEASE _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: In -Site Real Estate Services FOR: Exception Permit No. 47 DESCRIPTION: Request to permit the construction of an off -site double-faced monument sign to be erected in conjunction with two existing office buildings located at the corner of Westcliff Drive and Dover Drive, on property located in the APF-H District. LOCATION: 1501 Westcliff Drive REPORT REQUESTED BY: November 23, 1994 COMMISSION REVIEW: December 8, 1994 COMMENTS: NO R9bW,G P"&5_05 WrCa. � 1655o BDDR %529 PAGE 4%4 Mail To: RESUBDIVISION A-*PLICATZON NO. 105 (1-95) City of Newport Beach OF 4 LOTS OR LESS City Hall Ord. No. 650 - Sectio9232.33 DATE 10-30-64 3300 W. Newport Blvd. City of Newport Beach Newport Beach, Calif. FILING PER w� '��T. . Attn: Planning Dept..: >lA5 � pina,coat of ra i INSTRUCTIONS: (Read Carefully) e A li or his le re resentativa roust be present at all meetings. FjI ,out thl licatioa comp Btely in quadruplicate and submit to the Planning Department, d hall, together with six (6) copies of a surveyor's plot plan. The plot"pla st show all existing and proposed lot dimensions, street, alley aasemen dons and satiating improvements. Application is not VALID uati,,r.oced� The Irvine y Com an �p6( 1• Gerald Chazan p nrr. JssOissa applicant lrroperty owner only) Address involved 2. LOT 8 SLOCK SECTI TRACT 4225 ZONE CKH As recorded in BOOK 153 PAGE 23 and 2 cords of the County of Orange, - State of California. _ NtfSB[. 3. HEARING DATE 11-i} 13;00 P.M. 4. This real property is located in a iy `District, and all reaubdivided lots ' requested herein will be in accord with=, ivision Ord. 0650, and any and all amendments thereto. The applicant da6lif(< ,w rasnbdivision of this property so as to provide 2 lots, with axcepti Jany, as follows: 1 ` 5. The granting of this Rasubdivision is rieC ary because Pro;ect fInancino requires that each buildingb t.se arat' c ed.an here each b must have a -se arate le al destrlpt io '4'n as : f IqM 11~virie. There will . be reciprocal parking rights on both Dortjj J r s of Lot a. There are ,3 sheets attached to and'x' a.perE of lhia application. 'I' hereby certify that the foregoing stati'6; `,,maps.. drsariing , plane, and spec-" ificaeions attached hereto ern'^true and c' Oct: I furihev ==sent to any U rsaubdivieion permitted in reliance t�iere, being null and void in the event they are not true and correct., THE >$O42 g, W. )!{ytord,Rd. Fry Signature a n; dssis 3 Phone k ! zx i. AP'rROVED -lD) A ` 0VSD +"; ,,; .. '-�oVEp' = DENIED .. . By City Engineer By Planning Cel�Ilof On By City Council On the 3 day of On the 9' day of on the day of W;PAGE475 11'' Yt:z 1 P lCw pm ntluu) ' Jy , STATE OF CAI.IFORNIA COUNTY OF Orange Oil _ __October before ma, the undenjimed, &,Notary Public In and for said Slate, personally appeared __T. T+' Merl 4"A--- , W � � known to me to be ARRiatsnt Secretary of the corporation th4executed the; wlthln Instrument, known to me to be the persons who executed the within I Instrument on behalf of ,the corporation therein named, and < acknowledged rn me that such corporation executed the within instnunent pursuant to its by-laws or a resolut'an of in board CLARICE'V. MEGARD of dirccpme, i• iiolety Public WITNESS my hand and official Beal. ��o , . Suite of GalDI0 tall II ► Signature /+ Y rt ,rwM„N�r�a!a74. � on Z:x ,• CLARICE V. MEGARD �;', twtLxpires October 19,1961 .....Nry..Gunr Mg Co Name (Typed ar Printed) "',i r• State of California) SS y.r. County of Orange ) On this 18 day of May -.-a signed, a Notary Public in and:,Fok uotmnzasion or the t;>.ty or Newport; naacu, name is subscribed to the within:+instris executed the same. Q hersq'uto satOTARY PUOLIC CALIfORN1A PRINCIP FILE. 1 I R —MOtery'•Pub1i,((i is and 901 kkp id Oou4t' and State :. • My Comm ExFeb.'— ::3, Aires tsii l;t { r 1, p• ,'' •7, Iri Fk, ,f C i Z ,(rsts ana l r• saw under - .ad ') be, the, ,t > i sub- .he`same. Llmthe irtnty •� ��! vi 1$Yi. big r•tD, Me; e'o ,•.tis}to mths' paifion pfiose ' aclinowl6dgad::a' %that ha . .•�tid'',affizdd'•siiry'offici6l sasT the t 4pisla 'f r (Recorders React) ',''a' DORDtin .. �'�'�_T MAY.22•�1965a::• Union Bank ., • I* 1 T 1R3AG jL 93'30' Hit /o4.sa TRACT4 5 I Ga,H /a} - is — )c R _ — - jt/ESTCL/FF ,y� o..W_ N -- — _ P NSO/OJO•W - �'-- TRACT Qouvo44, --- • rr 2G0 55.98 "� ILO.92 • I I � TRH, CT N° 4ZZ5 W ' i S. 6 7 � W �1•.. hu• ♦ �>�Ir I ! - � 2 4�• I i � I SHER/NGTOAI N 'ip•3o••w 5S9e• So1 PLACE .o LOT 3 TRACT N-9 .sf-W 3%/T{a PL PLAN APPROVAL W/LL/4M R. MASON -Mee. 977$ // 25 on M00o v mm� r4'S LINE £STASLISN£O er G7r ar,vewvogr 6EAur RESUa Wle Ec •9 �soo• - r ro39'trso•c �1+ So' So' NA770NA(. L' BAND ! � c. �f.sa• I rRACr aoVNom_• w Q A 3 Y1!•'a�•55'C fS.J1' 1 � 7 / i arL2 2z 5-2 h 9�• �t W 1ORTNE(STfTLY i v L/NE LoT 9 / W a RAO.'rf9.12'Of".y 4Z yV W� "< --- ; • I � v co J V ' ZW C� O Ct v i� Y 6 43 4Z �3= 3 y Is, cY j EL N G C� z U S V z s 3 CQ 4 L Union Bank 14 w APIVRIM 9 T fR A C 1 1JV2 1 t ! MM r04.j•0 a N SD /O JOT/ S sh�E.pi�vsTo v 30, TRACT c T 6L v 110 o5 4. ' 96 2 ? ,Vso io'ao"w` �-- TRACT aouNogRy 2G0'I SSA S `- +z o. 92 �af341•y. Ai 114111 T No 4205 11 ,. Z V !n 6 Nr, hu• r l D r �r 1 _ 1 ! 33.96' PL.fCE N so, /0' 30"w 0 - tOT i r1fACT No mm 39/7j8 Pl PGAM APPROVAL WALLIA41 IT. MASON -Ree 9776 25 ox rya y SO M x3• } <i .. •� � ' ,, 1 A N • Sa rso•, ff oo• NS904YJp•E JfAl - So• • So• NAT/OIVAI- BAN1� G• i7•IB'gy t • rp.p0� * W 'y TRACT S*uND..-, U ,4j v»•s� rs'[ ♦for i I v — — — R..J•f0_ i y / W `NORTHfI37ERly � Lq•E toT 9 W� RAo.nt9y=•pt.d S2 NV W� V k q go = J v W h v 1\ p 0 0 O try O ,•.v V � \ l� N ta N m ~ N N Q W >4 z ; 4 W Z ; ..Z y 4 a' �C $ a c7r - .�i K tm ya " O a .. �1 1 •Yv V 'd Q W� RAo.nt9y=•pt.d S2 NV W� V k q go = J v W h v 1\ p 0 0 O try O ,•.v V � \ l� N ta N m ~ N N Q W >4 z ; 4 W Z ; ..Z y 4 a' �C $ a c7r - .�i K tm ya " O a .. �1 1 •Yv V 'd Q m I D/F MONUMENT SIGN SPECIFICATIONS SIGN CABINET: NEW G/F INTERNALLY ILLUMINATED ALUMINUM MONUMENT SIGN CABINET W/ PICTURE FRAME RETAINERS. CABINET & 1 1/2' RETAINERS PAINTED EGGSHELL BLACK. (24' DP CAB.) SIGN FACE: .188' THK. WHITE t732B ACRYLIC PLASTIC SIGN FACES W/ OVERLAYED 3M VINYL GRAPHICS AS PER BELOW. DIVIDER BAR: 3M BLACK f3630-22 VINYL OVERLAY VERTICAL & HORIZONTAL DIVIDER BARS. UNION BANK: 3M TRANSLUCENT VINYL OVERLAY BACKGROUND TO MATCH PMS REFLEX BLUE C W/ PRE- CUT LOGO & COPY (SHOW-THRU WHITE FACE). 3M TRANSLUCENT VINYL OVERLAY LOGO TO MATCH PMS 429C GREY. FIDELITY FEDERAL: 3M SItVER GLOSS #3229 TRANSLUCENT VINYL OVERLAY BACKGROUND W/ PRE-CUT LOGO & COPY. 3M RED #3M33 TRANSLUCENT VINYL INSET OVERLAY LOGO & LETTERS (W/ SHOW-THRU WHITE PERIMETER BORDER). ILLUMINATION. HIGH OUTPUT FLUORESCENT LAMP ILLUMINATION. REVEAL: 2' HIGH ALUMINUM REVEAL W/ FINISH TO MATCH SIGN BASE. STRUCTURE: 2r-2r DP. FABRICATED ALUMINUM SIGN STRUCTURE W/ OFF-WHITE TEXCOTE FINISH. F m0HUMN- SIGN I SHERINGMN PARKING COUNT STANDARD STALLS 146 HANDICAP STALLS 4 TOTAL STALLS 150 VICINITY MAP =eropmed �oCcri�n