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
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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
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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.
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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.
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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.
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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,
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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.
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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.
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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
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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
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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.
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