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MODIFICATION
PERMIT NO. MD2008-009 (PA2008-012) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2008-009 (PA2008-012) |
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Applicant |
Anaheim Investors
LLC |
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Site Address |
3990 & 4000
Westerly Place |
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Legal Description |
Parcels 2 and 3 of PM-039/18 |
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On January 28, 2008,
the Zoning Administrator approved the application request to establish a comprehensive sign program that
includes a modification permit to allow for a second building identification
sign facing the parking lot for each building and eight, secondary tenant
identification signs at the first floor (Tenant C Signs, four per building) with
maximum vertical dimension of 24 inches and maximum area of 20 square feet
each, where the Planned Community District Regulation limit the vertical
height to 4 inches and located over entryways only. The
property is located in the PC-11 (Newport Place Planned Community)
District. The Zoning Administrator’s approval is based on the following
findings and subject to the following conditions. |
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In this
case, the Zoning Administrator determined that the proposal would not be
detrimental to persons, property or improvements in the neighborhood. The
modification, as approved, would be consistent with the legislative intent of
Title 20 of the Newport Beach Municipal Code based on the following findings:
FINDINGS
1.
The Land Use Element of the General Plan and the Newport
Place Planned Community District Regulations designate the site for “General
Office” use and the existing office structures
are consistent with this designation. The signs are accessory to the primary
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,
as proposed, is 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:
·
The increase in the number of allowed permanent wall signs
and the proposed leasing signs on the property is reasonable given the number
of lots, the size and location of the lots.
·
The size of the signage is not abrupt in scale to the
elevations of the buildings.
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 is inconsistent with the purpose and
intent of the Zoning Code for the following reasons:
·
The lots face
·
The leasing signs are existing and will be replaced with
conforming signs when removed or replaced.
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 area is zoned commercial so wall identification signs
and leasing signs are typical and common.
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 signs will not interfere with sight distance from any
street or driveway.
·
The number and size of the tenant identification signs will
not contribute to an overabundance of signs that will have a detrimental effect
on the neighborhood.
·
The signage is intended to promote economic viability for
the property and the surrounding area through better sign visibility.
·
The proposed signage will not obstruct public views from
adjacent public roadways or parks because there are no public views through or
across the subject property that are affected by the proposed project.
CONDITIONS
1.
The development shall be in substantial conformance with the
approved plot plan, table matrix and elevations, except as noted in the
following conditions.
2.
The signs approved by this application for leasing purposes
only and that exceed the permitted size limitations shall be allowed to remain
for 30 days, with exception of sign G that is located within the public
right-of-way which shall be removed within 14 days of the effective date of
this approval. When replaced, leasing signs shall conform to the limitations
specified in the Planned Community District Regulations and the Sign Code of
the Newport Beach Municipal Code.
3.
The signs shall be maintained in a clean and orderly
condition.
4.
The final location of the signs shall be reviewed by the City
Traffic Engineer and shall conform to City Standard 110-L to ensure that
adequate sight distance is provided.
5.
A copy of this approval letter shall be incorporated into
the plan check sets of plans prior to issuance of the building permits.
6.
Approval by the Zoning Administrator shall be obtained
before changing the signage and may require an amendment to this Modification
Permit.
7.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
8.
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.
9.
A building permit shall be obtained prior to commencement of
the construction.
10.
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.
11.
This approval shall expire unless
exercised within 24 months from the approval date, as specified in Section
20.93.055 of the Newport Beach Municipal Code. Prior to the expiration date of
this approval, an extension may be approved in accordance with Section 20.93.055
(B) of the Newport Beach Municipal Code. Requests for an extension shall be
presented in writing to the Planning Department in accordance with Municipal
Code requirements.
Appeal Period
The
Zoning Administrator’s decision may be appealed to the
By:
Zoning Administrator Javier S. Garcia,
AICP
JSG:rm
Attachments: Vicinity Map
Table
Matrix (Illustration available in project file)
Appeared
in Opposition: None
Appeared in Support:
None
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Modification Permit No. MD2008-009
PA2008-012
3990 & 4000 Westerly Place