HomeMy WebLinkAboutZA2013-044 - Approved CS2013-003 and MD2013-008 for 1301 Dove StreetRESOLUTION NO. ZA2013 -044
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE
SIGN PROGRAM NO. CS2013 -003 AND MODIFICATION
PERMIT NO. MD2013 -008 FOR THE PROPERTY LOCATED AT
1301 DOVE STREET (PA2013 -063)
THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by JB3D, with respect to property located at 1301 Dove Street,
and legally described as Parcel No. 1 of Parcel Map 120 -27, requesting approval of a
Comprehensive Sign Program and Modification Permit.
2. The applicant requests a Comprehensive Sign Program for the existing ten -story
multiple- tenant office building as follow:
• Existing wall signs to remain:
• Two (2) primary wall signs (Sign Type 4) and
• Two (2) secondary wall signs (Sign Type 5)
• New signs:
• Two (2) monument signs (Sign Type 1),
• One address sign (Sign Type 2),
• Five (5) directional signs (Sign Type 3),
• Two (2) additional secondary wall signs (Sign Type 5), and
• One windscreen signs (Sign Type 6).
3. A comprehensive sign program is required whenever there are three or more separate
tenant spaces on the same property and signs (Sign Types 4 and 5) are proposed to
be located on or above the second level on a multiple -story building. The building has
a total of 34 tenants and tenant identification signs are proposed at the parapet (10th
story) level.
4. A modification permit is being requested in order to allow the following signs to exceed
the sign deviation allowance per the Comprehensive Sign Program criteria, and from
the sign allowance per the Newport Place Planned Community Development Plan (PC
Text) and /or the Zoning Code:
a. To allow two monument signs (Sign Type 1) to exceed the sign height limit by
one foot. The maximum sign height allowed by the PC Text is four feet. Each of
the proposed monument signs will be 34 square feet in size with a logo area of
3.25 square feet to be mounted on a five - foot -high wall element. The purpose of
the request is to provide motorists better visibility in identifying the subject
property from Dove Street.
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b. To allow one address sign (Sign Type 2) of 46 square feet (6 ft x 7.66 ft) to be
mounted onto the building canopy. The type and size of the proposed sign are
not specifically permitted by the PC Text; however, they are limited to a
maximum of 72 square inches and 8 inches in height for letters and individual
numbers pursuant to the Zoning Code. The purpose of the request is to provide
patrons better visibility in identifying the building address and entry point to the
building.
C. To allow five directional signs (Sign Type 3) to exceed the sign height limit by 2
feet for a total of 6 feet. These new signs will be located within the existing
landscaped planters throughout the parking lot. The directional signs are limited
to 6 square feet in size for each, per the PC Text. The sign height is limited to a
maximum of 4 feet per the Zoning Code; however, the sign height could be
higher with an approval of a comprehensive sign program. The purpose of
these signs is to improve internal traffic circulation within the property.
d. To allow two additional secondary wall signs (Sign Type 5). The subject
property currently has two of these signs which were approved in 2001 and
2004 by modification permits. The applicant is requesting to have two additional
signs for a total of four, each with a total sign area of 60 square feet. The
number and size of the proposed signs are not specifically permitted by the PC
Text or Zoning Code. The purpose of these additional signs is to provide
identification for up to four major tenants within the ten -story building that would
be visible from Dove Street and from the parking lot.
e. To allow one windscreen sign (Sign Type 6) of 1.5 square feet to be mounted
on the windscreen at the entrance of the existing cafe. The type and size of the
proposed sign are not specifically permitted by the PC Text or Zoning Code.
The purpose of the windscreen sign is to provide the identification and point of
entry to the cafe.
5. The subject property is located within the PC -11 Zoning District (Newport Place Planned
Community, Professional & Business Office Site 1 & 2) and the General Plan Land Use
Element category is MU -H2 (Mixed -Use Horizontal).
6. A public hearing was held on August 15, 2013, in the Corona del Mar Conference Room
(Bay E -1St Floor), 100 Civic Center Drive, 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 Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act, pursuant to Section 15311 (Class 11 -
Accessory Structures).
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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.
Modification Permit to allow a deviation in sign area (above 305'o'), and height and number of
wall and free - standing signs (above 20%) as limited by the provisions of the Newport Place
Planned Community District Regulations (PC Text) and the Zoning Code authority in
conjunction with an adoption of a comprehensive sign program.
In accordance with Section 20.52.050.E (Findings and decision) of the Newport Beach
Municipal Code, the following findings and facts in support of the findings for a Modification
Permit are set forth:
Finding
A. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding
The subject property is located in the PC -11 (Newport Place Planed Community,
Professional & Business Sites 1 & 2) and is designated MU -H2 (Mixed -Use Horizontal)
by the Land Use Element of the General Plan. Sites 1 & 2 are intended to provide for
areas appropriate for professional and business offices and commercial uses. The
existing property is currently improved with a ten -story, multiple- tenant office building and
proposed signage is consistent with this land use designation.
2. The requested modification permit in conjunction with the proposed sign program would
allow the existing property to have adequate signage that is more comparable to other
current multiple- tenant office buildings located within the Newport Place Planned
Community. The existing sign standards in the PC Text were adopted in the early 1970's
and have less flexibility for developments that have multiple tenants. The approval of the
modification permit with the following restrictions would allow the subject property to have
up -to -date sign standards that are compatible with the existing developments in the
Newport Place Planned Community.
a. The monument signs (Sign Type 1), as proposed, are in scale with the building
frontages in that the maximum permissible height for each sign, as denoted in the
sign program matrix (Exhibit B), does not exceed five square feet. The purpose of
the request is to provide motorists better visibility in identifying the subject property
from Dove Street.
b. The address sign (Sign Type 2) is to be mounted onto the building canopy as a
part of the building entry element and is limited to 46 square feet in size. The
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purpose of this request is to provide patrons better visibility in identifying the
building address and entry point to the building.
C. The increased height of the directional signs (Sign Type 3) is necessary to
provide improved traffic circulation within the subject property and shall be
limited to 6 square feet in size and 6 feet in height. The purpose of the request
is to improve internal traffic circulation within the subject property.
d. The additional secondary wall signs (Sign Type 5), for a total of four, are limited to
60 square feet in size. These signs would be visible from Dove Street and
parking lot. The purpose of this request is to provide identification for up to four
(4) major tenants within the ten -story building that would be visible from Dove
Street and the parking lot.
e. The windscreen sign (Sign Type 6) is limited to 1.5 square feet in size to provide
identification and entry point to the existing caf6. The purpose of this request is to
provide identification and point of entry to the existing caf6.
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
The existing building is situated approximately 170 feet from Dove Street. The lack of
clear orientation of building entryways and the parking configurations limit the ability to
identify the subject property from Dove Street; to determine the building address and
entry points to the building; and to follow vehicular direction to appropriate parking
location.
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
The modification permit will allow additional signage to clearly identify the subject
property, building entry points, building tenants, and to improve internal traffic circulation.
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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
The granting of a modification permit allows the increased height, size and number of the
signs to facilitate identification of the multiple- tenant building and to improve the overall
internal traffic circulation. No similar provision could be granted within the parameters of
Section 20.42.120 (Comprehensive Sign Program) of the Zoning Code.
2. No foreseeable detriment will result from the approval of the modification permit as
conditioned.
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.
Facts in Support of Finding
1. The proposed modification for signage will not be detrimental to public health, safety, or
welfare to the occupants of the property, nearby properties, the neighborhood, or the
City. The location, number, and size of the proposed signs will not cause and /or generate
safety issues to motorists.
Comprehensive Sign Program
Pursuant to Section 20.42.120 of the Zoning Code, approval of a Comprehensive Sign
Program is required whenever there are three or more separate tenant spaces on the same
property and signs (Sign Types 4 and 5) are proposed to be located on or above the second
level on a multiple -story building. The building has a total of 34 tenants and tenant
identification signs are proposed at the parapet (10th story) level. In accordance with Section
20.42.120.E, a Comprehensive Sign Program shall comply with a number of standards. The
following standards and facts in support of such standards are set forth:
Standard:
A. The proposed sign program shall comply with the purpose and intent of this Chapter
[Chapter 20.42: Signs], any adopted sign design guidelines and the overall purpose
and intent of this Section [Section 20.42.120].
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Facts in Support of Standard:
The application for a Comprehensive Sign Program is appropriate in order to allow
flexibility of signage regulations for projects that require multiple signs. This application is
allowed by the Zoning Code provisions and takes the place of the Newport Place
Planned Community District Regulations. It applies to the proposed and existing signs on
the subject property. In doing so, the purpose of the PC Text and Zoning Code is
achieved while allowing latitude in the design and display of multiple signs.
2. The proposed Sign Program provides the uses with adequate identification without
excessive proliferation of signage. Furthermore, it preserves community appearance
by regulating the type, number, and general design of signage. The proposed sign
program would be more comparable to other multiple- tenant office buildings located
within the Newport Place Planned Community.
Standard:
B. The proposed signs shall enhance the overall development, be in harmony with, and
relate visually to other signs included in the Comprehensive Sign Program, to the
structures and /or developments they identify, and to surrounding development when
applicable.
Facts in Support of Standard:
The site is for use by multiple tenants and the signage has been designed to be
integral with the design and character of the building.
2. The size, number and location of the proposed signs will ensure that adequate visibility
is provided, and are proportional in size with the building.
Standard:
C. The sign program shall address all signs, including permanent, temporary, and exempt
signs.
Facts in Support of Standard:
The proposed sign program submitted for the project addresses all project signage.
Temporary and exempt signs not specifically addressed in the program shall be
regulated by the provisions of Chapter 20.42.
Standard:
D. The sign program shall accommodate future revisions that may be required because
of changes in use or tenants.
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Facts in Support of Standard:
1. The project site is for the use of multiple commercial tenants and has been designed to
be effective for such uses.
2. Consistent with Chapter 20.42, the Community Development Director [or his /her
designee] may approve minor revisions to the Sign Program if the intent of the original
approval is not affected.
Standard:
E. The program shall comply with the standards of this Chapter, except that deviations
are allowed with regard to sign area, total number, location, and /or height of signs to
the extent that the Comprehensive Sign Program will enhance the overall development
and will more fully accomplish the purposes and intent of this Chapter.
Facts in SUDDort of Standard:
1. The Sign Program requests deviations in the sign height of up to 30 percent and 20
percent for the number, location and height of the proposed signs to aid and enhance the
identification and visibility of the commercial tenants from the public roadway.
Standard:
F. The approval of a Comprehensive Sign Program shall not authorize the use of signs
prohibited by this Chapter.
Facts in Support of Standard:
1. The program does not authorize the use of prohibited signs.
Standard:
G. Review and approval of a Comprehensive Sign Program shall not consider the signs'
proposed message content.
Facts in Support of Standard:
1. The program contains no regulations affecting sign message or content.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive
Sign Program No. CS2013 -003 and Modification Permit No. MD2013 -008, subject to the
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conditions set forth in Exhibit A, which are attached hereto and incorporated by
reference.
2. This action shall become final and effective fourteen (14) days after adoption of this
Resolution unless within the same time an appeal is filed with the Community
Development Director in accordance with the provisions of the Title 20 of the Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF AUGUST, 2013.
0
Wisneski, AIPP, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved
Comprehensive Sign Program, details, and elevations, except as noted in the following
conditions.
2. Upon demolition or substantial structural and nonstructural changes to the exterior of
the development on which this approval is based, this Comprehensive Sign Program
and Modification Permit shall be rendered nullified and a new Comprehensive Sign
Program shall be obtained for the new or altered development in accordance with the
Newport Place Planned Community District Regulations and the Zoning Code
Provisions in effect at the time the new development is approved.
3. The number, size, and type of the signs located on the subject property shall comply
with the limitations specified in the Sign Program Matrix included in Exhibit "B" and the
approved Comprehensive Sign Program.
4. Locations of the signs are limited to the designated areas and shall comply with the
limitations specified in the Sign Program Matrix included in Exhibit "B ", the approved
Comprehensive Sign Program, and any applicable sight distance provisions of
Chapter 20.42 of the Newport Beach Municipal Code or required by the Public Works
Department (City Standard 110 -L, using S =525 feet for MacArthur Boulevard).
Additionally, the applicant shall provide Sight Distance Exhibits for review and
approval by the Public Works Department prior to issuance of building permits.
5. All signs shall be maintained in accordance with Section 20.42.170 (Maintenance
Requirements) of the Newport Beach Municipal Code. Temporary and exempt signs
not specifically addressed in the program shall be regulated by the provisions of
Chapter 20.42 of the Newport Beach Municipal Code.
6. In accordance with Municipal Code Section 20.42.120.E of the Zoning Code, the
Community Development Director may approve minor revisions to the approved
Comprehensive Sign Program if the intent of the original approval is not affected. This
may include deviations on the tenant configurations, such as combining or dividing
suites.
7. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Planning file.
The plans shall be identical to those approved by all City departments for building
permit issuance. The approved copy shall include architectural sheets only and shall
be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the
elements approved by this approval and shall highlight the approved elements such
that they are readily discernible from other elements of the plans.
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8. A building permit shall be obtained prior to commencement of the construction and /or
installation of the signs.
9. A copy of the approved resolution, including conditions of approval and sign matrix,
shall be incorporated into the Building Department and field sets of plans prior to
issuance of the building permits for the proposed new sign installations to identify this
approval as the authority for location, size and placement.
10. 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 1301 Dove Street Sign Program, including, but not
limited to Modification Permit No. MD2013 -008 and Comprehensive Sign Program No.
CS2013 -003 (PA2013 -063) and the determination that the project is exempt under the
requirements of the California Environmental Quality Act. This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
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.
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EXHIBIT "B"
SIGN PROGRAM MATRIX
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SIGN TYPE 1 - TENANT MONUMENT SIGN
INTENT
MONUMENT SIGN TO IDENTIFY THE PROJECT
FRONTAGE
DOVE STREET
CONTENT
PROJECT NAME AND UP TO (4) TENANT NAMES
LOCATION
PARALLEL TO DOVE STREET AT THE PROJECT ENTRY
QUANTITY
TWO
SIGN SIZE
TOTAL SIZE: 14' -2" X 28"
SIGN AREA: 34 SF
LOGO SIZE: 21 1/2" SQ.
LOGO SIGN AREA: 3.25 SF
MATERIAL
SMOOTH, DURABLE, NON - WEATHERING SIGN.
ALL HARDWARE SHALL BE OF NONFERROUS METALS.
ILLUMINATION
PERMITTED
LETTERSTYLE
PROJECT FONT
COLOR
DARK GREY, SILVER, & WHITE
SIGN TYPE 2 - ADDRESS
INTENT
TO IDENTIFY THE BUILDING TO PATRONS
FRONTAGE
DOVE STREET
CONTENT
ADDRESS NUMBER
LOCATION
AT BUILDING ENTRY
QUANTITY
ONE
SIGN SIZE
TOTAL SIZE: 7' -8" X 6' -0"
SIGN AREA: 46 SF
MATERIAL
SMOOTH, DURABLE, NON - WEATHERING SIGN.
ALL HARDWARE SHALL BE OF NONFERROUS METALS.
ILLUMINATION
PERMITTED
LETTERSTYLE
PROJECT FONT
COLOR
DARK GREY, SILVER, & WHITE
1301 DOVE - SIGN MATRIX 7.8.13 SIGN PROGRAM #CS2013 -003
MODIFICATION PERMIT #MD2013 -008
SIGN TYPE 3 - DIRECTIONAL
INTENT
TO PROVIDE DIRECTIONAL INFO TO PATRONS
FRONTAGE
N/A
CONTENT
DIRECTIONAL INFO AND PROJECT LOGO
LOCATION
WITHIN PROJECT
QUANTITY
FIVE
SIGN SIZE
GRAPHIC AREA: 6 SF
LOGO SIZE: 6" SQ.
SIGN HEIGHT. 6' -0"
MATERIAL
SMOOTH, DURABLE, NON - WEATHERING SIGN.
ALL HARDWARE SHALL BE OF NONFERROUS METALS.
ILLUMINATION
PROHIBITED
LETTERSTYLE
PROJECT FONT
COLOR
DARK GREY, SILVER, & WHITE
SIGN TYPE 4 - PRIMARY ON- BUILDING SIGN
INTENT
TO IDENTIFY PRIMARY BUSINESS NAMES OCCUPYING A MULTI - OCCUPANT
10 STORY BUILDING.
FRONTAGE
DOVE STREET & WESTERLY
CONTENT
BUSINESS NAME CONSISTING OF INDIVIDUAL LETTERS AND LOGO ONLY.
LOCATION
AT PARAPET LEVEL WITH 1/3 THE LETTER HEIGHT OF SPACE ABOVE AND BELOW THE
SIGN AND LOCATED NO MORE THAN 1/2 THE AVERAGE LETTER HEIGHT TO ANY
BUILDING EDGE.
QUANTITY
TWO, LOCATED ON OPPOSITE ELEVATIONS
SIGN SIZE
TOTAL SIZE: 58' -6" X 4' -0"
SIGN AREA: 234 SF
LOGO SIZE: 4' -0" SQ.
MATERIAL
SMOOTH, DURABLE, NON - WEATHERING SIGN.
ALL HARDWARE SHALL BE OF NONFERROUS METALS.
ILLUMINATION
PERMITTED
LETTERSTYLE
TENANT STANDARD LETTERING TO BE APPROVED BY BUILDING ASSOCIATION.
COLOR
SIGN COPY COLOR TO CONTRAST WITH BUILDING AND MUST BE
APPROVED BY BUILDING ASSOCIATION.
1301 DOVE - SIGN MATRIX 7.8.13 SIGN PROGRAM #CS2013 -003
MODIFICATION PERMIT #MD2013 -008
SIGN TYPE 5 - SECONDARY ON- BUILDING SIGN
INTENT
TO IDENTIFY SECONDARY BUSINESS NAMES OCCUPYING A MULTI - OCCUPANT 10
FRONTAGE
STORY BUILDING.
FRONTAGE
DOVE STREET & WESTERLY
CONTENT
BUSINESS NAME CONSISTING OF INDIVIDUAL LETTERS AND LOGO ONLY.
LOCATION
ON BUILDING WALL BETWEEN ROW OF WINDOWS ON FIRST FLOOR AND ROW OF
SIGN SIZE
WINDOWS ON SECOND FLOOR WITH 1/3 THE LETTER HEIGHT OF SPACE ABOVE AND
MATERIAL
BELOW THE SIGN.
QUANTITY
FOUR
SIGN SIZE
TOTAL SIZE: 30' -5" X 20"
COLOR
SIGN AREA: 60 SF
LETTERING & LOGO SIZE: 20" SQ.
MATERIAL
SMOOTH, DURABLE, NON - WEATHERING SIGN.
ALL HARDWARE SHALL BE OF NONFERROUS METALS.
ILLUMINATION
PERMITTED
LETTERSTYLE
TENANT STANDARD LETTERING TO BE APPROVED BY BUILDING ASSOCIATION.
COLOR
SIGN COPY COLOR TO CONTRAST WITH BUILDING AND MUST BE
APPROVED BY BUILDING ASSOCIATION.
SIGN TYPE 6 - WINDSCREEN & GRAPHIC
INTENT
TO SERVE AS PRIMARY IDENTIFICATION FOR THE CAFE ENTRANCE & OCCUPANT
FRONTAGE
DOVE STREET
CONTENT
CAFE NAME
LOCATION
TOP LEFT CORNER OF GLASS WINDSCREEN LOCATED AT THE ENTRANCE TO THE CAFE
QUANTITY
ONE
SIGN SIZE
HEIGHT. 6"
WIDTH: 26"
LOGO SIZE: 1.1 SF
MATERIAL
SMOOTH, DURABLE, NON - WEATHERING SIGN.
ALL HARDWARE SHALL BE OF NONFERROUS METALS.
ILLUMINATION
EXTERNAL ONLY
LETTERSTYLE
PROJECT FONT
COLOR
SILVER
1301 DOVE - SIGN MATRIX 7.8.13 SIGN PROGRAM #CS2013 -003
MODIFICATION PERMIT #MD2013 -008