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HomeMy WebLinkAboutZA2026-007 - APPROVING A MODIFICATION PERMIT FOR AN INCREASE IN SIGN AREA LOCATED AT 20402 NEWPORT COAST DRIVE(PA2025-0161)RESOLUTION NO. ZA2026-007 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A MODIFICATION PERMIT FOR AN INCREASE IN SIGN AREA LOCATED AT 20402 NEWPORT COAST DRIVE (PA2025-0161) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by CAA Planning (Applicant) on behalf of Sage Hill School (Owner), with respect to property located at 20402 Newport Coast Drive, and legally described as Parcel 1 of Parcel Map No. 97-200 (Property) 2. The Applicant requests a modification permit to authorize the installation of an internally illuminated wall sign on the rear of an existing accessory structure (scoreboard) at Sage Hill School. The modification permit is required to allow a sign area of 183 square feet, where Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code (NBMC) allows a maximum area of 50 square feet (Project). 3. The Property is categorized as Private Institutions (PI) by the Land Use Element of the General Plan and located within the Private Institutions (PI) Zoning District. The Property is also located within the Coyote Canyon Area (HO-5) subarea of the Housing Opportunity (HO) Overlay Zoning District. 4. The Property is not located within the Coastal Zone. 5. A public hearing was held on February 12, 2026, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to and considered by the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 11 exemption applies to projects that include the construction or replacement of minor structures such as on-premise signs accessory to (or appurtenant to) existing commercial, industrial, or institutional facilities. The proposed sign is incidental and accessory to the existing school use. The Project will not intensify or alter the use. Therefore, the Class 11 exemption is applicable. Zoning Administrator Resolution No. ZA2026-007 Page 2 of 8 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. Modification Permit Pursuant to Section 20.42.120 (Comprehensive Sign Program) of the NBMC, deviations to sign area greater than 30 percent are subject to the approval of a modification permit. In accordance with Section 20.52.050 (Modification Permits) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: 1. The Property is located within the Private Institutions (PI) Zoning District, which is intended to provide areas appropriate for privately owned facilities that serve the public, including private schools. The Property is developed with a private school known as Sage Hill School which serves 9th through 12th grade students. 2. The Property is abutted to the south by open space and a portion of the closed Coyote Canyon Landfill beyond, to the west by Newport Coast Drive and the main portion of the closed Coyote Canyon Landfill beyond, to the north and east by State Highway 73, with the City of Irvine beyond. The surrounding area is largely undeveloped and is part of the Central Subregion of the Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP) for the Central and Coastal Subregions of Orange County. The nearest residential community within the City is located approximately 2,800 feet to the southwest, across Newport Coast Drive, and is not within the line of sight of the Project. 3. The Property has approximately 1,100 feet of frontage along Newport Coast Drive, which is a major 6-lane undivided roadway with a speed limit of 60 miles per hour. 4. The Project is proposed on the rear side of the existing baseball field scoreboard. The scoreboard is located approximately 350 feet from the right-of-way due to an intervening, open space, parcel. The scoreboard measures approximately 499 square feet, with a height of 19 feet, 9 inches and a width of 25 feet, 3 inches. The rear of the scoreboard is unfinished, with visible structural support members. The unfinished area will be covered with an exterior grade, dark, canvas material. A 183-square-foot, internally illuminated, sign Zoning Administrator Resolution No. ZA2026-007 Page 3 of 8 identifying the school will be installed on center, and will cover approximately 36% of the rear surface of the scoreboard. 5. Due to the large scale of the surrounding infrastructure and open space, the requested increase in sign area will provide identification signage that is appropriately sized for visibility from Newport Coast Drive without dominating or diminishing the open space character of the area. 6. The Project will not appear abrupt or out of context given its installation at an existing school campus on an existing scoreboard. Finding: B. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and/or structure, and/or characteristics of the use. Facts in Support of Finding: 1. Fact 3 in Support of Finding A is hereby incorporated by reference. 2. The nearest commercial development with identification signage is the Newport Coast Shopping Center, located south of the Property at the corner of Newport Coast Drive and San Joaquin Road. The shopping center abuts the public right-of-way which allows for the installation of identification signage adjacent to the roadway. The short distance from the roadway ensures visibility to motorists and cyclists. In this case, the increased area of the sign is necessary due to the substantial distance between the Property and the right-of-way. The Project is proportional to the Property frontage and is visible to motorists and cyclists traveling along Newport Coast Drive. 3. Sage Hill has an athletics program where the campus regularly hosts a high volume of visiting student athletes, families, and spectators from outside the local area. The school has existing monument signs located at the signalized intersection of Newport Coast Drive and the entrance road to the school. The existing signs have a low profile and are subdued, providing limited wayfinding and no advance notice to motorists exiting the State Highway 73 approximately 1,500 feet to the north. The Project will allow for clearer identification of the school from the public right-of-way, assisting first-time visitors in safely identifying the campus during busy athletic events, and reducing the likelihood that motorists miss the left-turn access which would require continuing an additional 600 feet southbound to make a U-turn at the next signalized intersection. Finding: C. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: Zoning Administrator Resolution No. ZA2026-007 Page 4 of 8 1. The Property is located within the PI Zoning District. The NBMC groups PI along with Open Space (OS), Parks and Recreation (PR), and Public Facilities (PF) as “Special Purpose Zoning Districts.” All special purpose zoning districts are subject to the same design standards for permanent signs. The maximum sign area allowed for a wall sign within these districts is 50 square feet whereas the maximum sign area within a commercial zoning district is 75 square feet. Development within these Special Purpose Zoning Districts may range from parks and open space to schools. School uses appear and function more similarly to commercial use than parks or open spaces and therefore can be granted larger signage allowances without being inconsistent with the intent of the Zoning Code. The strict application of the Zoning Code limits the sign area to a maximum of 50 square feet, which would not provide for adequate identification of the school given the large distances from the Property to the right-of-way. 2. The purpose and intent of Chapter 20.42 (Sign Standards) of the NBMC is to provide users with adequate identification while preserving and enhancing the community’s appearance. The regulation of sign area is to ensure that signage does not overwhelm the frontage and create clutter. The Project will enhance the community’s appearance by replacing the view of an unfinished scoreboard backing along Newport Coast Drive with a high quality canvas material and the identification signage will be made from durable materials. Additionally, the Project will not overwhelm or create signage clutter as the nearest sign visible to the right-of-way is approximately 900 feet south of the proposed sign location. 3. Due to the large distance between the Project location and Newport Coast Drive and the high speeds of travel, an increased sign area is necessary to address the reduced visibility and readability for passing motorists. Finding: D. There are no alternatives to the modification permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Fact in Support of Finding: 1. There are no buildings located along the perimeter of the Property that face Newport Coast Drive that would provide an opportunity for signage. Installation of a sign on the rear of the scoreboard allows for use of an existing structure and prevents the installation of any additional structures to face Newport Coast Drive. Finding: E. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Zoning Administrator Resolution No. ZA2026-007 Page 5 of 8 Facts in Support of Finding: 1. Fact 4 in Support of Finding A is hereby incorporated by reference. 2. Fact 2 in Support of Finding C is hereby incorporated by reference. 3. This approval will allow for an increase in area for a wall sign, which will not result in a change in intensity or density of the school. 4. The Property is not visible from any coastal view roads or public viewpoints identified in Figure NR3 (Coastal Views) of the Natural Resources Element of the General Plan 5. The Property is adjacent to the NCCP/HCP, the closed Coyote Canyon landfill which is also located within HO-5 subarea and may support future housing, and within proximity of State Highway 73. To ensure there are no lighting impacts to the adjacent area, Condition of Approval No. 5 requires a photometric study to be prepared prior to building permit issuance for the installation of the sign. 6. Condition of Approval No. 6 prohibits the sign from being illuminated after 11 p.m., daily. 7. To ensure the sign is not excessively illuminated, Conditional of Approval No. 7 requires a nighttime inspection to be scheduled with the Code Enforcement Division. Additionally, Condition of Approval No. 8 requires the sign to include a dimmer, ensuring that there is the ability to reduce sign illumination. 8. Should the illumination prove to be a nuisance, Condition of Approval No. 9 authorizes the Community Development Director to order the dimming of light sources or other remediation upon finding that the sign is excessively illuminated. 9. The proposed sign area will cover less than half of the scoreboard, is proportional to the large amount of the Property’s frontage, is oriented to be primarily visible to travelers on Newport Coast Drive without spillover into the NCCP area. Based on the NBMC sign illumination requirements and proposed conditions of approval, the Project is not anticipated to negatively impact or be detrimental to occupants of the property, nearby properties, the neighborhood, or the City. 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. Zoning Administrator Resolution No. ZA2026-007 Page 6 of 8 2. The Zoning Administrator of the City of Newport Beach hereby approves the Modification Permit filed as PA2025-0161, subject to the conditions set forth 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 call for review is filed with the City Clerk in accordance with the provisions Chapter 20.64 (Appeals) of the NBMC. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF FEBURARY, 2026. _____________________________________ Liz Westmoreland, AICP, Zoning Administrator Zoning Administrator Resolution No. ZA2026-007 Page 7 of 8 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 1. The Project shall be in substantial conformance with the approved site plan, elevations, and sign details stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Modification Permit. 4. Prior to installation, a building permit shall be obtained. 5. Prior to the issuance of a building permit, the Applicant shall prepare a photometric study for approval by the Planning Division. The study shall show that light spill over shall not exceed 1-foot candle at all property lines. 6. Signage illumination shall be prohibited after 11 p.m., daily. 7. Prior to building permit final inspection, the Applicant shall schedule a nighttime inspection with the Code Enforcement Division. 8. Building permit plans shall include a dimmer within the design of the sign to allow for a reduction in illumination. 9. The sign shall not be excessively illuminated in accordance with the provisions of Section 20.42.060.H (Illuminated Signs and Lights) of the NBMC. If in the opinion of the Community Development Director the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources, the Director may order the dimming of light sources or other remediation upon finding that the sign is excessively illuminated. 10. This Modification Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. Zoning Administrator Resolution No. ZA2026-007 Page 8 of 8 11. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 12. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 13. 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 NBMC. 14. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of the Sage Hill School Sign including, but not limited to the Modification Permit filed as PA2025-0161. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.