HomeMy WebLinkAbout03 - Petco Sign Modification - PA2014-085COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915
(949) 644 -3200 Fax: (949) 644 -3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 26, 2014
Agenda Item No. 3
SUBJECT: Petco Sign Modification - (PA2014 -085)
1280 Bison Avenue, Suite B15
Modification Permit No. MD2014 -004
APPLICANT: Irvine Company
PLANNER: Jason Van Patten, Planning Technician
(949) 644 -3234, jvanpatten @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: PC -5 (North Ford)
• General Plan: CG (General Commercial)
PROJECT SUMMARY
A modification permit to allow a second identification wall sign on the Bison Avenue
frontage where the Planned Community regulations limit each individual business to
one identification sign per street frontage. Petco's existing identification wall sign
fronting Bison Avenue will remain unchanged. No other deviations are proposed.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit
No. MD2014 -004 (Attachment No. ZA 1).
DISCUSSION
• The subject property is located within the North Newport Shopping Center which
is within Commercial Area 3 of the North Ford Planned Community (PC -5)
Zoning District.
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Petco Sign Modification
Zoning Administrator, June 26, 2014
Page 2
• The applicant proposes a second wall sign on the Bison Avenue frontage for the
purpose of identifying pet grooming services offered by Petco, where the
Planned Community regulations limit each individual business to one
identification sign per street frontage. Petco's existing identification sign fronting
Bison Avenue will remain unchanged.
• The proposed wall sign measuring 16.75 square feet is consistent with other
signage in the shopping center and complies with the general sign standards
under the North Ford Planned Community.
• The property provides two separate building entrances for retail sales and pet
grooming. Each entrance is recessed and located beneath matching architectural
tower projections. The existing wall sign fronting Bison Avenue identifies the
retail sales entrance. The proposed wall sign would call attention to the pet
grooming entrance which is not as readily apparent to visitors of the shopping
center.
• The addition of a second wall sign will not detract from the building's exterior but
will maintain visual continuity with existing Petco signage and other storefronts in
the shopping center. The new wall sign will be located above the pet grooming
entrance in an area that suggests placement of a sign. The proposed sign will
use colors consistent with existing Petco signage and will be made of durable
materials.
• To provide for future flexibility, the project is conditioned limiting the wall sign to a
maximum of 28.5 square feet in area (one and one -half square feet of sign for
each lineal foot of the architectural tower projection).
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15311, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 11 (Accessory Structures). Class 11
consists of construction or placement of minor structures accessory to (appurtenant to)
existing commercial, industrial, or institutional facilities, including but not limited to 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 before the scheduled hearing, 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.
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S
Petco Sign Modification
Zoning Administrator, June 26, 2014
Page 3
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644 -3200.
Prepared by:
3� I
Jas ,rg. Van Patten
Planning Technician
Jwjvp
Attachments: ZA 1
Draft Resolution
ZA 2
Vicinity Map
ZA 3
Site Photographs
ZA 4
Project Plans
TmpIt:04 -17 -14
Attachment No. ZA 1
Draft Resolution
5
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RESOLUTION NO. ZA2014 -0 ##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2014 -004 FOR A SECOND IDENTIFICATION
WALL SIGN LOCATED AT 1280 BISON AVENUE, SUITE B15
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by the Irvine Company, with respect to property located at 1280
Bison Avenue, Suite B15 and legally described as Lot 6 in Tract No. 12309 requesting
approval of a modification permit.
2. The applicant proposes a second identification wall sign on the Bison Avenue frontage
for the purpose of identifying pet grooming services offered by Petco, where the
Planned Community regulations limit each individual business to one identification sign
per street frontage. Petco's existing identification wall sign fronting Bison Avenue will
remain unchanged. No other deviations are proposed.
3. The subject property is located within the North Ford Planned Community (PC -5) Zoning
District and the General Plan Land Use Element category is General Commercial (CG).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on June 26, 2014, in the Corona del Mar Conference Room
(Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. 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 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) under Class 11
(Accessory Structures).
2. Class 11 consists of construction or placement of minor structures accessory to
(appurtenant to) existing commercial, industrial, or institutional facilities, including but
not limited to signs.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050 (Modification Permits) of the Newport Beach Municipal
Code, the following findings and facts in support of such findings are set forth:
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Zoning Administrator Resolution No. ZA2014 -0 ##
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Finding:
A. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1. The subject property is located within the North Newport Shopping Center which is
within Commercial Area 3 of the North Ford Planned Community (PC -5) Zoning
District. The proposed wall sign will be accessory to the existing commercial uses in
the shopping center.
2. The proposed wall sign, measuring 16.75 square feet, is consistent with other signage
in the shopping center and complies with the general sign standards under the North
Ford Planned Community.
3. The location of the proposed wall sign above an entrance is compatible with signage in
the shopping center that are similarly placed above entrances.
Findinq:
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. The frontage of the property extends 164 feet 2 inches which is significantly larger
than other tenant frontages in the shopping center.
2. The property provides two separate building entrances for retail sales and pet
grooming. Each entrance is recessed and located beneath matching architectural
tower projections. The existing wall sign fronting Bison Avenue identifies the retail
sales entrance. The proposed wall sign is necessary to identify the pet grooming
entrance, which is not as readily apparent to visitors of the shopping center.
3. The parking lot adjacent to the building frontage is expansive, and the proposed wall
sign will help to identify the separate entrances to visitors approaching from MacArthur
Boulevard and Bison Avenue.
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.
Zoning Administrator Resolution No. ZA2014 -0 ##
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Facts in Support of Finding:
1. The general purpose and intent of the North Ford Planned Community as it pertains to
signs is to provide each sign user with an opportunity for adequate identification while
guarding against the excessive and confusing proliferation of signs.
2. A strict application of the sign standards established by the North Ford Planned
Community would limit the business to one wall sign per street frontage. This would
result in inadequate identification due to the physical scale of the existing building
frontage.
3. The proposed wall sign will identify each entrance to the business which are at
opposite ends of the building.
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 alternative would be to maintain the existing sign configuration; however, the
additional wall sign will provide positive benefit to pedestrians and visitors to the site
by providing increased visibility for each building entrance.
2. Section 20.52.050 (Modification Permits) of the Zoning Code specifies that a
modification permit may be granted to increase the allowed number of signs. The
lineal footage of the building fronting Bison Avenue warrants the increase in quantity of
signs and will not detract from the building's exterior.
3. The proposed wall sign will provide additional visual direction for the public from the
surrounding public roadways and from a greater distance without detracting from the
development's overall aesthetic.
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. Approval of the application to allow a second wall sign on the Bison Avenue frontage
does not change the density or intensity of the existing use. The proposed sign will
provide adequate identification to the major tenant that provides two separate
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Zoning Administrator Resolution No. ZA2014 -0 ##
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entrances. Due to the size of the building frontage, a second wall sign measuring
16.75 square feet will not adversely affect or be detrimental to persons, property, or
improvements in the shopping center or surrounding neighborhood.
2. The addition of a wall sign fronting Bison Avenue will not impact residential properties
located behind the property.
3. The granting of the modification to provide relief is consistent with past approvals
regarding number of signs for other major tenants in the shopping center that have
demonstrated no detriment to the public health, safety, or welfare of 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 approves Modification
Permit No. MD2014 -004, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
2. This action shall become final and effective 14 days after the adoption of this
Resolution unless within such time an appeal is filed with the Community Development
Director in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 26TH DAY OF JUNE, 2014.
M
Brenda Wisneski, AICP, Zoning Administrator
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Zoning Administrator Resolution No. ZA2014 -0 ##
Page 5 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations 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. 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.
4. The wall sign shall not exceed an area equal to 28.5 square feet.
5. This Modification Permit shall become null and void should the tenant space be
subdivided into two smaller suites.
6. The applicant is required to obtain all applicable permits from the City's Building Division.
The construction plans must comply with the most recent, City- adopted version of the
California Building Code.
7. 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.
8. 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 Newport Beach
Municipal Code.
9. 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 Petco Sign Modification including, but not limited to,
the MD2014 -004 (PA2014 -085). 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'
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Zoning Administrator Resolution No. ZA2014 -0 ##
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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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Attachment No. ZA 2
Vicinity Map
1 3
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15
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20
Attachment No. ZA 3
Site Photographs
17
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28
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Attachment No. ZA 4
Project Plans
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petcojL
SIGN A 18" Grooming
Individual Channel Letters on a Raceway
Intemally Illuminated LED
16.75
Top of sign to grade = 18'-10112"
Bottom of sign to grade = 17'4 1/2"
Newport North (CA)
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Scale: 3/32" = V -0"
Allowable Square Footage this Elevation:
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Bottom of sign to grade = 17'-4 1/2"
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SIGN A 18" Grooming
Individual Channel Letters on a Raceway
Internally Illuminated LED
16.75
Top of sign to grade = 18'-101/2"
Bottom of sign to grade = 17'-4 1/2"
This Product is Listed by
UNDERWRITERS LABORATORIES, INC. >L
and Bears the Mark:
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AGILIGHT Sign Rayz LED's
Red - "GROOMING" letters
(1) 60w transformer @ 0.85 each
Total Amps = 0.85
This sign is to be installed in accordance with
the requirements of Article 600 of the National
Electrical Code.
1) Grounded and bonded per NEC 600.71NEC 250
2) Existing branch circuit in compliance with
NEC 600.5, not to exceed 20 amps
3) Sign is to be UL listed per NEC 600.3
4) UL disconnect switch per NEC 600.6- required per
sign component before leaving manufacturer'
'For multiple signs, a disconnect is permitted but
not required for each section
Sign Layout Detail
Scale: 1/2" = 1' -0"
1. Existing Facade: EIFS/ Plywood/ Metal Studs
2. 0.040" Aluminum letter returns painted to match Wrisco Red
3. 1" trim cap to match Red
4. 3mm Signabond Lite composite backs
(interior of sign can painted white for maximum illumination)
5. Red LEDs
6. 3/16" Red x{2793 acrylic face
7. Waterproof disconnect switch per NEC 600 -6
8. Primary electrical feed
9. Transformers
10. 0.080" Aluminum raceway painted to match the facade
11. 15" x 2" x 0.1875" Aluminum mounting tabs welded to raceway
- Maximum 6" from each end and every 48" o.c.
12. #12 x 1 "TEC screws with 11/4" fender washers
13. Mounting hardware to suit
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Zoning Administrator - June 26, 2014
Item Nos. II (Minutes), 2 and 3: Additional Materials Received
June 26, 2014, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher( immosher(a)yahoo.com ), 2210 Private Road, Newport Beach
92660 (949 -548 -6229)
n Ik Approval of Minutes (June 12, 2014)
ges changes:
1. Page 2, ragraph 4: "... he lives in the neighborhood and is familiar with the 66 an
R's CCBR' d look of the community."
2. Page 2, paragrap from end: "One member of the public, Mr. Jim Mosher, spoke and
inquired on the previo use of the suite and stated that the City's non - conforming
parking rule was ambiguo
3. Page 3, last sentence: "She ma the following changes to the Resolution: addition to
Condition No. 7 restricting the maxi number of outdoor seats to 8, addition to
Condition No. 11 to state that amplified is shall not be allowed in the outdoor areas,
and addition to of Conditions No. 4 and No. from the Police Department Report to
the Resolution.,,
Item No. 2. Rutter Lot Line Adjustment (PA201
I believe that any kind of subdivision change within the Coastal Zone, includin lot line
adjustment, requires a Coastal Development Permit or a waiver of that requireme To the
best of my knowledge, the City's Categorical Exclusion Order does not exempt lot cha s.
Item No. 3. Petco Sign Modification (PA2014 -085)
I am unable to view the staff report from home because NovusAgenda terminates downloads
after a little under two minutes and my internet connection is too slow to download the item in
that time.
From what I recall of the printed staff report I saw in the Planning Division lobby, I am strongly
opposed to this modification permit request as I see no need for a second identification sign.
A single sign on the fascia -like horizontal element of the building between the entry towers
would, I suspect, be consistent with the existing sign standards, more tasteful, and entirely
adequate. Surely visitors to the shopping center do not need two signs to find the Petco
building, and having found the building do not need a sign on each tower to figure out how to
get in.
In short, I see no need to deviate from what I assume are the existing sign standards and I feel
allowing a proliferation of unnecessary signs is not in the best interests of the community.