HomeMy WebLinkAbout01 - Island Hotel Sign Program_PA2012-174fiEWPOo COMMUNITY DEVELOPMENT DEPARTMENT
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PLANNING DIVISION
U$ 3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644 -3200 Fax: (949) 644 -3229
CgCIFURN�P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 14, 2013
Agenda Item 1
SUBJECT: Island Hotel Sign Program - (PA2012 -174)
690 Newport Center Drive
Modification Permit No. MD20112 -018
Comprehensive Sign Program Amendment No. CS2006 -001
APPLICANT: The Irvine Company —John Doane
PLANNER: Melinda Whelan, Assistant Planner
(949) 644 -3221, mwhelan(a)newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: PC -56 (Newport Center North)
• General Plan: MUH3 (Mixed -Use Horizontal)
PROJECT SUMMARY
A Modification Permit to amend a portion of a Comprehensive Sign Program to allow the
renovation of six exsting wall signs to exceed the maximum height and area permitted by
the Zoning Code for a comprehensive sign program (more than a 20% increase in height
and 30% increase in area). Each sign proposes a total combined area of 545 - square -feet
including the added logo upon the Newport Center Drive and Santa Cruz Drive building
elevations.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit
No. MD2012 -018 to amend Comprehensive Sign Program Amendment No.
CS2006 -001 (Attachment No. ZA 1).
Island Hotel Sign Program
February 14, 2013
Page 2
DISCUSSION
• The hotel site was originally developed with Site Development Review No. 32
that allowed the installation of four wall signs, two logo signs and two building
identifications signs. Comprehensive Sign Program No. CS2006 -001 established
a sign program for the hotel including amending the building wall signs to allow a
total of 358 square feet and in substantial conformance with the Site
Development Review No. 32.
• The logo sign is proposed to be 46 square feet. The 'Island Hotel' portion of the
wall sign is proposed to increase by 55 square feet to 322 square feet and the
"Newport Beach" portion of the wall sign is proposed to increase by 86 square
feet to 177 square feet. The total signage on each fagade would be 545 square
feet.
• The Island Hotel building is one of several high -rise buildings within the Block
600 making site location and identification difficult without the increase in size
and letter height of the wall signs upon the Newport Center Drive and Santa Cruz
Drive building elevations.
• The proposed amendment to the existing Comprehensive Sign Program to add
the logo sign and increase the area of the existing wall signs on two building
facades requires the approval of a modification permit but would remain in
substantial conformance with the Site Development Review No. 32.
ENVIRONMENTAL REVIEW
The project has been reviewed, and qualifies for a Class 11 (Accessory Structures)
categorical exemption pursuant to Title 14 of the California Code of Regulations (Section
15311, Article 19 of Chapter 3, Guidelines for Implementation of the California
Environmental Quality Act). Class 11 exempts construction, or placement of minor
structures accessory to (appurtenant to) existing commercial, industrial, or institutional
facilities, including but not limited to on- premise signs.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights -of-
way and waterways) including the applicant and posted on the subject property at least
10 days prior to the decision date, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
TmpIt:07 -31 -12
Island Hotel Sign Program
February 14, 2013
Page 3
APPEAL PERIOD: An appeal 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 unless a different period of time is specified by the Municipal Code
(e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line
adjustments, or lot mergers). For additional information on filing an appeal, contact the
Planning Division at 949 644 -3200.
Prepared by:
Melinda Whelan
Assistant Planner
GR/msw
Attachments
Tmplt:07 -31 -12
ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Revised Sign Program
Attachment No. ZA 1
Draft Resolution
RESOLUTION NO. ZA2012 -0 ##
A RESOLUTION OF THE ZONING ADMNISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2012 -018 TO AMEND A PORTION OF
COMPREHENSIVE SIGN PROGRAM NO. CS2006 -001 FOR
RENOVATION OF TWO EXISTING WALL SIGNS TO EXCEED
THE MAXIMUM HEIGHT AND AREA LOCATED AT 690
NEWPORT CENTER DRIVE (PA2012 -174)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Irvine Company, with respect to property located at 690
Newport Center Drive, and legally described as PCL 3 of LLA 2011 -001 requesting
approval of a Modification Permit to amend a portion of an existing Comprehensive Sign
Program.
2. The applicant requests a Modification Permit to amend the Comprehensive Sign
Program to allow the renovation of six existing wall signs to exceed the maximum height
and area permitted by the Zoning Code for a comprehensive sign program (more than a
20% increase in height and 30% increase in area). Each sign proposes a total combined
area of 545 - square -feet including the added logo upon the Newport Center Drive and
Santa Cruz Drive building elevations.
3. The subject property is located within the Newport Center North (PC -56) Zoning District
and the General Plan Land Use Element category is Mixed -
Use Horizontal (MUH3).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on February 14, 2013, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project has been reviewed, and qualifies for a Class 11 (Accessory Structures)
categorical exemption pursuant to Title 14 of the California Code of Regulations (Section
15311, Article 19 of Chapter 3, Guidelines for Implementation of the California
Environmental Quality Act).
Zoning Administrator Resolution No. ZA2012 -0 ##
Paqe 2 of 5
2. Class 11 exempts construction, or placement of minor structures accessory to
(appurtenant to) existing commercial, industrial, or institutional facilities, including but not
limited to on- premise signs.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050 of the Newport Beach Municipal Code, 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 proposed project is to expand the existing wall signs which are commonly seen on
the multi -story buildings within the area.
2. The larger, taller buildings are common within the Newport Center area which have
larger wall signs to adequately identify and provide direction to the public.
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. Due to the location of the existing signage at the top of the Island Hotel, a high -rise
building, an increase in letter height and sign area is necessary for visibility.
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:
1. The Island Hotel is located in Block 600 of Newport Center among several existing
high -rise and multi -story buildings making visibility of the site location and identification
more difficult for the general public.
Tmplt: 05/1612012
Zoning Administrator Resolution No. ZA2012 -0 ##
Paqe 3 of 5
2. The increased size of the wall signs is appropriate to the scale and height of the
buildings in the area and necessary to provide adequate visibility within the office and
commercial area.
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
Facts in Support of Findinq:
1. The existing wall signs on two building fagades have been at their location since the
development of the hotel site in 1991 and there has been no history of detriment to the
neighborhood.
2. Enlarging the monument signs or providing additional ground signs as an alternative
could be detrimental and adversely impact circulation and contribute to sign clutter;
while enlarging the existing wall signs provides a design solution to provide greater
visibility and identification for the hotel with less impact, and without contributing to
sign clutter on the ground.
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
1. The increased size of the wall signs will provide better visual direction for the public
from the surrounding public roadways and from a greater distance.
2. The location of the wall signs on the two building facades of the existing hotel does not
affect views or impact the surrounding area since they are located on the existing
building.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves PA2012 -174 for
Modification Permit No. MD2012 -018 to amend a portion of Comprehensive Sign
Program No. CS2006 -001, subject to the conditions set forth in Exhibit A, which is
attached hereto and incorporated by reference.
Tmplt: 05/1612012
Zoning Administrator Resolution No. ZA2012 -0 ##
Paqe 4 of 5
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
Development in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 14th DAY OF FEBRUARY, 2013.
Brenda Wisneski, AICP, Zoning Administrator
Tmplt: 05/1612012
Zoning Administrator Resolution No. ZA2012 -0 ##
Paqe 5 of 5
EXHIBIT "A"
PLANNING
1. All proposed signs shall be in conformance with the approved amended
Comprehensive Sign Program No. CS2006 -001 for the project site and provisions of
Chapter 20.42 of the Newport Beach Municipal Code.
2. 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.
3. 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 Island Hotel Sign Program including, but not limited
to, Modification Permit No. MD2012- 018(PA2012 -174) to amend a portion of
Comprehensive Sign Program No. CS2006 -001. 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.
Tmplt: 05/1612012
Attachment No. ZA 2
Vicinity Map
Modification Permit No. MD20112 -018
PA2012 -174
690 Newport Center Drive
Attachment No. ZA 3
Project Plans
COMPREHENSIVE SIGN PROGRAM
FOR
ISLAND HOTEL
NEWPORT BEACH
NEWPORT BEACH, CALIFORNIA
February 1, 2013
PROPERTY OWNER:
IRVINE COMPANY
CONTACT: JOHN DOANE (949) 720 -2391
jdoane@irvinecompany.com
PROGRAM DESIGNER:
BAAB & ASSOCIATES
CONTACT: DAVID J. BAAB (949) 729 -9210
dbaab@baabcorp.com
The
Island Hotel
Newport Beach
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PROGRAM TITLE
PAGE 1
COMPREHENSIVE SIGN PROGRAM FOR
ISLAND HOTEL NEWPORT BEACH
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February 1, 2013
PAGE 2
COMPREHENSIVE SIGN PROGRAM FOR
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PAGE 2
COMPREHENSIVE SIGN PROGRAM FOR
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February 1, 2013 COMPREHENSIVE SIGN PROGRAM FOR
ISLAND HOTEL NEWPORT BEACH
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Alternative sign content, colors, and typeface are allowed
February 1, 2013
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PAGE 4A
COMPREHENSIVE SIGN PROGRAM FOR
ISLAND HOTEL NEWPORT BEACH
"ISLAND HOTEL" -Flush mounted face lit
fabricated painted aluminum channel letters with
10" deep black returns and day /night translucent
acrylic faces.
'NEWPORT BEACH" -Flush mounted face lit
fabricated painted aluminum channel letters with
6" deep black returns and day /night translucent
acrylic faces.
Sun Wave Logo - Flush mounted non Illuminated
reverse pan fabricated painted aluminum logo form
with B•• deep returns.
Logo Color - PIAS 505 C
TheDesignFactor
SIGN TYPE B
PARAPET SIGN
46 0
Alternative sign content, colors, and typeface are allowed
February 1, 2013
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PAGE 4B
COMPREHENSIVE SIGN PROGRAM FOR
ISLAND HOTEL NEWPORT BEACH
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PAGE 4C
COMPREHENSIVE SIGN PROGRAM FOR
February 1, 2013 ISLAND HOTEL NEWPORT BEACH
ADDITIONAL
MATERIALS
RECEIVED
Draft Minutes and Item 1a: Additional Materials
Zoning Administrator Hearing February 14, 2013
Comments on Feb. 14, 2013 Zoning Administrator Agenda
Submitted by: Jim Mosher (jimmosher(cDyahoo.com ), 2210 Private Road, Newport Beach 92660 (949 -548-
6229)
B. Minutes for the January 24, 2013 Regular Hearing
On pag
line 3: "...an ad ' ' nal condition of approval requiring the limiting the illumination of the new
monument sign ..."
line 5: following "The Zoning A %iden r opened the public hearing."
Although the draft minuhe members of the public who spoke, they fail to make clear
that the applicant for Item No. 2 was Irvine Company and that Shawna Schaffner of CAA
Planning Consultants ( ?) was present repr nting them.
I believe that prior to Ms. Mallar speaking, the Zoni dministrator asked Ms. Schaffner if she
wanted to say anything on behalf of the applicant, but shib,eclined. However she did speak
later, and without identification of her as the spokesperson, s ments such as "...and applicant
agreed, ... "and "...with concurrence of the applicant, ... "lack clari .
---> Item C.1. Island Hotel Sign Program (PA2012 -174)
Under "Subject" in the title block of the staff report: "Permit No. MD404422012 -018"
In the draft resolution:
In the heading material: "THE ZONING ADMINISTRATOR OF THE CITY
OF NEWPORT BEACH HEREBY FINDS..."
Section 1.2: "The applicant requests a Modification Permit to amend the Comprehensive Sign Program
to allow the renovation of six existing wall signs to exceed the maximum height and area permitted by
the Zoning Code for a comprehensive sign program (more than a 20% increase in height and 30%
increase in area). Each sign proposes a total combined area of 545 - square -feet including the added
logo upon the Newport Center Drive and Santa Cruz Drive building elevations."
I find less than clear the description of what is allowed by the current Comprehensive Sign
Program, what is wrong with that, and what is proposed. Is the language intended to suggest
the proposed signs are larger than the Zoning Code allows even with a Sign Program? and is
this a proposal to amend the existing Sign Program, or to seek a deviation from it?
Section 1.5: "... and considered by, the Manning Commission Zoninq Administrator at this
meeting."
Draft Minutes and Item 1a: Additional Materials
Zoning Administrator Hearing February 14, 2013
Comments on Feb. 14, 2013 Zoning Administrator agenda - Jim Mosher Page 2 of 2
Section 3.C.1. "The Island Hotel is located in Block 600 of Newport Center among several existing high -
rise and multi -story buildings making visibility of the site location and identification more difficult for the
general public."
I don't entirely buy this premise. The Island Hotel has a distinctive architecture that
distinguishes it from the nearby office towers.
Section 3.D.1. "The existing wall signs on two building fagades have been at their location since the
development of the hotel site in 1991 and there has been no history of detriment to the neighborhood."
This begs the question of why signs that have been adequate for 22 years are no longer
adequate.
Section 3.E.2. "The location of the wall signs on the two building facades of the existing hotel does not
affect views or impact the surrounding area since they are located on the existing building."
However they are mounted, large signs can be visually intrusive and do impact the surrounding
area.
Section 4.1. "The Zoning Administrator of the City of Newport Beach hereby approves PA2012 -174 for
Modification Permit No. MD2012 -018 to amend a portion of Comprehensive Sign Program No.
CS2006 -001, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated
by reference.."
If CS2006 -001 is being amended, it would seem a copy of the amended sections needs to be
provided. I am unable to find any reference in the resolution to where the amendments can be
found. I see a "Revised Sign Program" provided as Attachment ZA 3 in the staff report, but it is
not identified as CS2006 -001, and its relation to the draft resolution, and to the former CS2006-
001, is unclear. Is Attachment ZA 3 an amendment to a portion of the existing CS2006 -001 (as
the resolution suggests), or a replacement for the entirety of CS2006 -001?
Regarding Attachment ZA 3
Page 2: The lack of written explanation makes the intent and content of the proposed Comprehensive
Sign Program unclear: page 2 seems to specify a total of 3 signs, which I find difficult to reconcile with
the six signs mentioned in the resolution. The attachment also leaves unclear how this proposal differs
from the existing program.
Page 3: Again, without any written explanation, the significance of the provided diagram is unclear. Are
these suggested sign locations? Or the only allowable locations?
Page 4A: I am disappointed the Monument Sign, as proposed, does not include the site address. Also,
page 2 of the staff report suggests the original permission allowed two ground level building
identification signs. Is the intent now that only one be allowed?
For purposes of this hearing, I think it would have been helpful to provide before and after pictures,
portraying what the signs look like now for comparison with the proposal.
Item 1b: Additional Materials Zoning Administrator February 14, 2013
Island Hotel Sign Program (PA2012 -174)
REVISED
RESOLUTION NO. ZA2012 -0##
A RESOLUTION OF THE ZONING ADMNISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2012 -018 TO AMEND A PORTION OF
COMPREHENSIVE SIGN PROGRAM NO. CS2006 -001 FOR
RENOVATION OF TWO EXISTING WALL SIGNS TO EXCEED
THE MAXIMUM HEIGHT AND AREA LOCATED AT 690
NEWPORT CENTER DRIVE (PA2012 -174)
THE PLANNING 99MMISSIONZONING ADMINISTRATOR OF THE CITY OF NEWPORT
BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Irvine Company, with respect to property located at 690
Newport Center Drive, and legally described as PCL 3 of LLA 2011 -001 requesting
approval of a Modification Permit to amend a portion of an existing Comprehensive Sign
Program.
2. The applicant requests a Modification Permit to amend the Comprehensive Sign
Program to allow the renovation of s x-two existing wall signs to exceed the maximum
height and area permitted by the Zoning Code for comprehensive sign program (more
than a 20% increase in height and 30% increase in area). Each sign proposes a total
combined area of 545 - square -feet including the added logo upon the Newport Center
Drive and Santa Cruz Drive building elevations.
3. The subject property is located within the Newport Center North (PC -56) Zoning District
and the General Plan Land Use Element category is Mixed -
Use Horizontal (MUH3).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on February 14, 2013, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
PIaRRiRg Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project has been reviewed, and qualifies for a Class 11 (Accessory Structures)
categorical exemption pursuant to Title 14 of the California Code of Regulations (Section
15311, Article 19 of Chapter 3, Guidelines for Implementation of the California
Environmental Quality Act).
Item 1b: Additional Materials Zoning Administrator February 14, 2013
Island Hotel Sign Program (PA2012 -174)
Zoning Administrator Resolution No. ZA2012 -0##
Page 2 of 5
2. Class 11 exempts construction, or placement of minor structures accessory to
(appurtenant to) existing commercial, industrial, or institutional facilities, including but not
limited to on- premise signs.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050 of the Newport Beach Municipal Code, 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 proposed project is to expand the existing wall signs which are commonly seen on
the multi -story buildings within the area.
2. The larger, taller buildings are common within the Newport Center area which have
larger wall signs to adequately identify and provide direction to the public.
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. Due to the location of the existing signage at the top of the Island Hotel, a high -rise
building, an increase in letter height and sign area is necessary for visibility.
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:
1. The Island Hotel is located in Block 600 of Newport Center among several existing
high -rise and multi -story buildings making visibility of the site location and identification
more difficult for the general public.
TmpIC 05/16/2012
Item 1b: Additional Materials Zoning Administrator February 14, 2013
Island Hotel Sign Program (PA2012 -174)
Zoning Administrator Resolution No. ZA2012 -0##
Paqe 3 of 5
2. The increased size of the wall signs is appropriate to the scale and height of the
buildings in the area and necessary to provide adequate visibility within the office and
commercial area.
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
Facts in Support of Finding:
1. The existing wall signs on two building fagades have been at their location since the
development of the hotel site in 1991 and there has been no history of detriment to the
neighborhood.
2. Enlarging the monument signs or providing additional ground signs as an alternative
could be detrimental and adversely impact circulation and contribute to sign clutter;
while enlarging the existing wall signs provides .a design 'solution to provide greater
visibility and identification for the hotel with less impact, and without contributing to
sign clutter on the ground.
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
1. The increased size of the wall signs will provide better visual direction for the public
from the surrounding public roadways and from a greater distance.
2. The location of the wall signs on the two building facades of the existing hotel does not
affect views or impact the surrounding area since they are located on the existing
building.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves PA2012 -174 for
Modification Permit No. MD2012 -018 to amend a portion of Comprehensive Sign
Program No. CS2006 -001, subject to the conditions set forth in Exhibit A, which is
attached hereto and incorporated by reference.
Tmplt: 05/16/2012
Item 1b: Additional Materials Zoning Administrator February 14, 2013
Island Hotel Sign Program (PA2012 -174)
Zoning Administrator Resolution No. ZA2012 -0##
Pape 4 of 5
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
Development in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 14"i DAY OF FEBRUARY, 2013.
Brenda Wisneski, AICP, Zoning Administrator
Tmplt: 05/1612012
Item 1b: Additional Materials Zoning Administrator February 14, 2013
Island Hotel Sign Program (PA2012 -174)
Zoning Administrator Resolution No. ZA2012 -0##
Page 5 of 5
EXHIBIT "A"
PLANNING
1. All proposed signs shall be in conformance with the approved amended
Comprehensive Sign Program No. CS2006 -001 for the project site and provisions of
Chapter 20.42 of the Newport Beach Municipal Code.
2. 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.
3. 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 Island Hotel Sign Program including, but not limited
to, Modification Permit No. MD2012- 018(PA2012- 174) to amend a portion of
Comprehensive Sign Program No. CS2006 -001. 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.
Tmpll: 05/16/2012