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HomeMy WebLinkAbout2026- Site Development Review to allow the installation of a rooftop mechanical screen enclosure on the roof of an existing building that is nonconforming to the building height limit - 3700 Newport Blvd RESOLUTION NO. 2026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING SITE DEVELOPMENT REVIEW NO. SD2016-006 AND MODIFICATION PERMIT NO. MD2016-013 FOR ROOFTOP EQUIPMENT SCREEN WALLS ON A BUILDING THAT IS NONCONFORMING TO HEIGHT LOCATED AT 3700 NEWPORT BOULEVARD (PA2016-151) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bickel Group, Inc. on behalf of the property owner South Coast Trade Center 3, LP, with respect to property located at 3700 Newport Boulevard, requesting approval of a Site Development Review and a Modification Permit to allow the installation of a rooftop mechanical screen enclosure on the roof of an existing building that is nonconforming. 2. The applicant proposes to install a 64" tall wall around existing heating, ventilation and air conditioning units located on the roof of a 32'-6" tall building to provide screening of the equipment. 3. The subject property is designated MU-W2 (Mixed-Use Water 2) by the General Plan Land Use Element. The site is within the MU-W2 (Mixed-Use Water 2) Zoning District. The subject property is located within the coastal zone and designated MU-W (Mixed-Use Water). 4. A public hearing was held on September 22, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The project is the installation of a 64" tall screen wall atop the roof of an existing building that will screen existing unscreened mechanical equipment. This is a minor alteration of an existing facility and does not expand the existing office building. 3. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project Planning Commission Resolution No. 2026 Page 2 of 11 applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. REQUIRED FINDINGS. Site Development Review: In accordance with NBMC Section 20.52.080(F) e, a Site Development Review application may be approved provided the following findings can be made: Finding: A. Allowed within the subject zoning district. Facts in Support of Finding: 1. The site is zoned MU-W2 and this designation is applied to waterfront locations where marine-related uses may be intermixed with buildings that provide residential on the upper floors. Permitted uses include those permitted by the Marine Commercial (CM), Visitor- Serving (CV), and MU-V (Mixed-Use Vertical) designations. Free-standing residential uses are not permitted. 2. Although the existing general office building is not a marine commercial, visitor-serving commercial or mixed-use (commercial/residential) use, continued general office uses within the existing building are allowed to continue unabated pursuant to NBMC Section 20.38.050 (Nonconforming Uses). 3. The application does not change uses and the existing office development is nonconforming to floor area, building height, parking, and equipment screening standards of the zoning code. Continued office use is allowed in the MU-W2 zoning district. Finding: B. In compliance with all of the applicable criteria identified below; a. Compliance with this Section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent development; and whether the relationship is based on standards of good design; c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas, d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and 05-26-2016 Planning Commission Resolution No. 2026 Page 3 of 11 f. The protection of significant views from public right(s)-of-way and compliance with NBMC Section 20.30.100 (Public View Protections); and Facts in Support of Finding: 1. The site is designated MU-W2 and this designation is applied to waterfront locations where marine-related uses may be intermixed with buildings that provide residential on the upper floors. Permitted uses include those permitted by the CM, CV, and MU-V designations. Free-standing residential uses are not permitted. Although the existing general office building is not a marine commercial, visitor-serving commercial or mixed- use (commercial/residential) use, continued general office uses within the existing building are allowed to continue unabated pursuant to NBMC Section 20.38.050 (Nonconforming Uses). 2. The facts to support Finding A above support this finding and are incorporated by reference. 3. The site is not subject to a specific area plan. 4. The site is subject to, and consistent with, the Lido Village Design Guidelines (Guidelines) adopted in 2011, for the following reasons: a. The vision for the area is to create a vibrant gateway Village in the heart of historic Newport Beach's Balboa Peninsula. The primary focus for these Guidelines is to reinforce the built environment while respecting physical building forms and functional uses as they relate to the pedestrian experience within the Village. Style and character are secondary elements that will help contribute to the overall aesthetic place making of Lido Village. Lido Village is composed of five distinctive Design Areas: Lido Marina Village, Via Lido Plaza, City Hall site (now the Lido House Hotel), Lido Triangle, and Newport Boulevard Shops. b. The goals for the Village include: respect and complement existing taller buildings and massing; implement quality building design and the use of authentic materials to influence design solutions; improve edge conditions with Newport Harbor, Newport Boulevard, and Via Lido, reinforcing the gateway element; and, the use high quality materials for public space improvements that reinforce Village character. c. The Guidelines provide considerations for each Design Area's edge and boundary conditions, pedestrian connections and open space, sustainability concepts, architectural design guidelines, and landscape design considerations. The subject building is located at the edge of the Lido Marina Village Design Area and has a "buffer edge" and a "waterfront edge." For the buffer edge, a softening between uses of differing intensities is sought. Landscape solutions with vertical elements are promoted, and fagade enhancements that are visually attractive are encouraged. The waterfront edge calls for the creation of a strong pedestrian interface that maximizes accessibility. The encouragement of visual corridors promoting the water experience, the restricting of "back of house" and service conditions, and the creation of image- defining fagades with transparent pedestrian interfaces are also criteria. 05-26-2016 Planning Commission Resolution No. 2026 Page 4 of 11 d. The guidelines provide that roofs should be designed for functionality while enhancing and complementing the overall architectural design of the building. Vertical roof plane breaks, changes in building/ridge height, or other accent roof forms are encouraged. Form and materials should be integrated into the overall design vocabulary of the building. Fascia elements should be consistent with the primary design style. Parapets, when used, should be contiguous and incorporate side/rear elevation returns to eliminate false front and or unfinished appearance. e. The proposed roof screen is a functional element that enhances the look of the building especially when viewed from Newport Boulevard consistent with the goal of the guidelines. The screen is a contiguous element creating a more finished roof that also screens back of house features. The use of modern materials compliments the modern architectural design of the building. f. The screen walls are setback by varying distances from the edge of the roof, which reduces the perceived height of the feature from surrounding properties and public spaces. Existing pedestrian access would also not be effected. Given that there is no public view through the property of any significance, the proposed screening does not impact the visual corridor related to the waterfront. 5. The setbacks and design of the proposed screen walls will reduce the impact of the added bulk and height of the overall development in relationship to nearby development and public spaces. 6. The screen walls are parallel to the roof edge and the size of the screened area (approximately 56 percent of the roof area) is not out of proportion with the size of the building. The use of modern building materials complements the modern building and the screen walls will provide aesthetic enhancement of the existing building by screening existing and unscreened mechanical equipment. T The installation of a screen system around existing unscreened equipment on the rooftop of an existing building does not affect pedestrian, vehicular access, including drive aisles, driveways, and parking or loading spaces. 8. The installation of a screen system around existing unscreened equipment on the rooftop of an existing building does not affect landscaping or open space areas or the use of water efficient plant and irrigation materials. 9. No public view exists through the site. The increased in height and size of the screening walls would marginally reduce the visibility of commercial development within Lido Marina Village when traveling southbound on Newport Boulevard. The proposed screen walls would also only marginally reduce the visibility of development along Coast Highway when traveling northbound on Newport Boulevard. Public views of the building itself would be improved with the screening of the existing equipment. 10.The proposed project will enhance the building by screening unsightly roof-top equipment and any precedent set by project approval is limited to identical circumstances and would not extend to new development. 05-26-2016 Planning Commission Resolution No. 2026 Page 5 of 11 Finding: C. Not detrimental to the harmonious and orderly growth of the City, nor endangers, jeopardizes, or otherwise constitutes a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1. The proposed project will enhance public views of the building by screening unsightly roof-top equipment consistent with NBMC Section 20.30.020 to provide screening of mechanical equipment. 2. The proposed project does not block public views through given that no public view through the site presently exists. 3. The improvement to the building by screening unsightly roof-top equipment is consistent with the goals of the Lido Village Design Guidelines to implement quality building design and provide roofs that are designed for functionality while enhancing and complementing the overall architectural design of buildings. 4. Any precedent set by project approval is limited to identical circumstances and would not extend to new development. The enhancement of the building compliments efforts to revitalize commercial properties within Lido Marina Village. Increased Height of Structures: In accordance with NBMC Section 20.30.060(C)(3) of the Newport Beach Municipal Code, structures may be allowed to exceed the base height limit of a Zoning District up to the maximum height allowed in the Zoning District provided the following findings can be made: Finding: D. The project applicant is providing additional project amenities beyond those that are otherwise required. Facts in Support of Finding: 1. The project applicant is voluntarily proposing the equipment screens to improve the rooftop aesthetics of the existing highly visible building. 2. The voluntary enhancement of the building compliments efforts to revitalize commercial properties within Lido Marina Village. Finding: E. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes. 05-26-2016 Planning Commission Resolution No. 2026 Page 6 of 11 Facts in Support of Finding: 1 . The proposed equipment screen is complementary to the modern building architecture. It creates a new vertical element breaking up the flat roof creating varied roof planes. The screen walls are setback from the edges of the roof and the walls are parallel to the roof edge. These features reinforce a harmonious and complementary design to the existing modern architecture. 2. The screens will eliminate unsightly equipment from public view and the overall visual character of the building will be improved and the roof will look more complete. Finding: F. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provide a gradual transition to taller or shorter structures on abutting properties. Facts in Support of Finding: 1. The increased height is attributable to a proposed 5'-4" screen wall that are setback by varying distances from the edge of the roof. The setbacks and limited height of the walls will reduce the perceived height of the feature from surrounding properties. 2. A 35-foot tall commercial parking structure is located directly east within Lido Marina Village. Newport Boulevard is elevated in relation to the building and therefore the increased height will be less of an impact from that location. Finding: G. The structure will have no more floor area than could have been achieved without the approval of the height increase. Facts in Support of Finding: 1. The 5'-4" tall rooftop equipment screen walls will not create enclosed spaces. As a result, no additional floor area would result with project approval. Modification Permit: In accordance with NBMC Section 20.52.050(B)(3)(c), a Modification Permit can authorize screening to exceed 30 percent of the total roof area. In accordance with Section 20.52.050(E), approval of a Modification Permit requires the following to be made: Finding: H. The requested modification will be compatible with existing development in the neighborhood, 05-26-2016 Planning Commission Resolution No. 2026 Pa e7of11 Facts in Support of Finding: 1. The enlarged roof screen would resemble a typical rooftop mechanical screen. The proposed screen consisting of modern, perforated stainless steel panels would be compatible with the modern architecture of the building. 2. The proposed walls are inset and parallel to the exterior edge of the roof minimizing the effect of the added bulk and height thereby creating a more harmonious design. The screen walls would achieve the desired result of screening existing equipment consistent with the Zoning Code. Finding: 1. 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. There are approximately 20 pieces of existing equipment on the roof of the building that are highly visible from Newport Boulevard. The individual equipment locations are fairly spread out across the roof and the roof is made from concrete. 2. The number and large layout of the existing equipment cannot be encircled by a single screen wall that would be architecturally harmonious with the building without it being larger than 30 percent of the roof. Finding: J. 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 physical characteristics listed under Finding H and the strict application of the 30 percent roof screen standard would require the repositioning of many of the existing pieces of equipment to other locations (i.e. to the ground, inside the building, within exterior balconies of the building, or within an area less than '/2 the area the equipment currently occupies). The repositioning of the equipment within the building or to the ground is a physical hardship as it would eliminate existing gross floor area or parking areas. 2. Relocating the existing equipment into an area that could be within 30 percent of the total roof area would require cutting/modifying the concrete roof to reinstall the equipment resulting in a physical hardship and significant cost. 3. The intent of the screening standards is to screen equipment in a non-detrimental way and strict application of the code would likely result in the status quo (no screening), which is inconsistent with the intent of the screening requirement of the Zoning Code. 05-26-2016 Planning Commission Resolution No. 2026 Page 8 of 11 Finding: K. 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, and Facts in Support of Finding: 1 . Multiple individual screens would occupy less space on the roof, but it would not be the most harmonious and architecturally compatible method of screening the existing equipment. 2. Relocating equipment inside the building could reduce or eliminate equipment on the roof thereby eliminating the screen or allowing the screen area to be reduced. These alternatives are not practical as it would eliminate existing enclosed area or parking and may not be possible given the existing structural design of the building. Finding: L. 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 granting of the Modification Permit would allow for equipment screens that would be architecturally compatible with the existing building. 2. The larger equipment screen does not change the density or intensity of the use. 3. There are no public views through the site that would be affected. 4. The screen walls will bring the building into compliance with Section 20.30.020 by screening existing unscreened and unsightly rooftop mechanical equipment and enhance the aesthetics of the building to the community's benefit. SECTION 4. DECISION, NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Site Development Review No. SD2016-006 and Modification Permit No. MD2016-013, 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 following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 05-26-2016 Planning Commission Resolution No. 2026 Page 9 of 11 PASSED, APPROVED, AND ADOPTED THIS SEPTEMBER 22"d DAY OF SEPTEMBER, 2016. AYES: Dunlap, Hillgren, Koetting, and Weigand NOES: None ABSTAIN: None ABSENT: Kramer, Lawler, and Zak BY: Kory Kramer, Chairman BY: Ij Pete ak, Secretary 05-26-2016 Planning Commission Resolution No. 2026 Page 10 of 11 EXHIBIT A CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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. Site Development Review No. SD2016-006 and Modification Permit No. MD2016-013 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. Site Development Review No. SD2016-006 and Modification Permit No. MD2016-013 may be modified or revoked by the Planning Commission should it be 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. 5. 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. 6. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 7. 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. 8. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 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 Rooftop Equipment Screen Walls at 3700 Newport Boulevard including, but not 05-26-2016 Planning Commission Resolution No. 2026 Page 11 of 11 limited to, Site Development Review No. SD2016-006 and Modification Permit No. MD2016-013. 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. 10.The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 05-26-2016