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MODIFICATION
PERMIT NO. MD2007-062 (PA2007-157) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-062 (PA2007-157) |
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Applicant |
JB3D Architectural
Graphics & Branding |
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Site Address |
4500 MacArthur
Boulevard |
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Legal Description |
Parcel 3 of PM-171/31-33 and Parcel B of NBLLA86-12 |
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On September 10, 2007,
the Zoning Administrator approved the application request to allow the installation of two freestanding
monument signs at the Macarthur Boulevard entrance that measure 5-feet tall; and
a third 5-foot 6-inch tall freestanding monument sign at the corner of Von
Karman and Birch Street, where the sign regulations of the Koll Center
Planned Community District limit the height to 4 feet. It should also be
noted that the signs at the MacArthur Boulevard entrance are located on a
common area parcel and is not on the hotel site/property. The
property is located in the PC-15 (Koll Center Planned Community)
District. The Zoning Administrator’s approval is based on the following
findings and subject to the following conditions. |
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FINDINGS
1.
The Land Use Element of the General Plan designates the site
for “Mixed-Use Horizontal”. The existing
developments are consistent with this designation. The proposed freestanding
monument signs are accessory to the primary hotel use.
2.
This project has been reviewed, and it has been determined
that it is categorically exempt from the requirements of the California
Environmental Quality Act under Class 11 (Accessory Structures).
3.
The modification to the Zoning Code
and Koll Center Planned Community regulations, as proposed, are consistent with
the legislative intent of Title 20 of the Newport Beach Municipal Code. It is a logical use of the
property that would be precluded by strict application of the zoning
requirements for this District for the following reasons:
·
Project identification signs are
commonly used in large commercial complexes such as the Koll Center Planned
Community to identify the location of a specific business.
·
The Koll Center Planned Community
District regulations limit the height of freestanding ground signs to 4 feet.
Chapter 20.67 of the Zoning Code allows freestanding monument signs to an
average height of 6 feet above finish grade. The proposed project
identification sign will not exceed an average height of 6 feet.
·
The Koll Center Planned Community
District regulations allow monument signs that are a maximum of 150 square feet
in area. The proposed signs are less than 80 square feet in area.
·
The subject property does not have
frontage along
4.
In accordance with the provisions of
Chapter 20.93, the granting of this application is necessary due to practical
difficulties associated with the property. The strict application of the Zoning
Code results in physical hardships that are inconsistent with the purpose and
intent of the Zoning Code for the following reasons:
·
The
Koll Center Planned Community is a large commercial and industrial complex
comprised of approximately 179 acres with numerous addresses on three different
major roadways. The proposed height and size of the project identification
signs are necessary in order to provide legible signage for vehicular traffic
traveling to or near the project site.
·
The
signs located at the
·
The
intent of Chapter 20.67 of the Zoning Code is to encourage well designed
signage that attracts rather than distracts the public’s attention, while
enhancing the safety of motorists and pedestrians.
5.
In accordance with the provisions of
Chapter 20.93, the requested modification will be compatible with existing
development(s) in the neighborhood for the following reason:
·
The proposed new project
identification signs will replace existing signs that have been in similar
locations for a number of years and are compatible in appearance and size with
the surrounding developments in the area.
6.
In accordance with the provisions of
Chapter 20.93, the granting of this Modification Permit will not adversely
affect the health or safety of persons residing or working in the neighborhood
of the property and not be detrimental to the general welfare or injurious to
property or improvements in the neighborhood based on the following:
·
The proposed project identification signs, as approved, will
not interfere with sight distance from any street, alley or driveway.
·
The signs are located at the street frontages of the project
site and will not affect the flow of air or light to adjoining commercial
properties.
·
There is adequate space to provide landscaping between the
freestanding monument signs and the sidewalk.
CONDITIONS
1.
The development shall be in substantial conformance with the
approved plot plan and elevations, except as noted in the following conditions.
2.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
3.
No permanent structures can be built within the limits of
the City sewer or utility easements. Plans issued for building permits shall
clearly depict all easement boundaries and the proposed sign shall be located outside
and clear of the easement area.
4.
The new freestanding monument signs shall be designed as
depicted on the approved plans. The two new freestanding monument signs located
at the
5.
The final location and design of the proposed signs and any
landscaping shall be reviewed by the City Traffic Engineer and shall comply
with the City Line of Sight standard STD-110-L to ensure that adequate sight
distance is provided. Plans issued for building permits shall show the line of
sight at the proposed
6.
If any of the existing public improvements surrounding the
site is damaged by private work, new concrete sidewalk, curb and gutter, street
pavement, and other public improvements will be required by the City at the
time of private construction completion. Said determination and the extent of
the repair work shall be made at the discretion of the Public Works inspector.
7.
This approval was based on the particulars of the individual
case and does not, in and of itself or in combination with other approvals in
the vicinity or Citywide, constitute a precedent for future approvals or
decisions.
8.
Prior to issuance of building permits, the applicant shall
submit to the Planning Department an additional copy of the approved
architectural plans for inclusion in the Modification Permit 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 Modification Permit and shall
highlight the approved elements such that they are readily discernible from
other elements of the plans.
9.
A building permit shall be obtained prior to commencement of
the construction.
10.
A copy of this approval letter shall be incorporated into
the Building Department and field sets of plans prior to issuance of the
building permits.
11.
All work performed within the public right-of-way shall be
reviewed and approved by the Public Works Department under an encroachment
permit/agreement, if required.
12.
This approval shall expire unless
exercised within 24 months from the approval date, as specified in Section
20.93.050 (A) of the Newport Beach Municipal Code. Prior to the expiration date
of this approval, an extension may be approved in accordance with Section
20.93.050 (B) of the Newport Beach Municipal Code. Requests for an extension
must be in writing.
Appeal Period
The
Zoning Administrator’s decision may be appealed to the
By:
Zoning Administrator Javier S. Garcia,
AICP
JSG:ks/rb
Attachments:
Vicinity Map
Appeared
in Opposition: None
Appeared in Support:
None
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Modification Permit No. MD2007-062
PA2007-157
4500 MacArthur Boulevard