Loading...
HomeMy WebLinkAbout20201027_Zoning Compliance Letter COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 www.newportbeachca.gov ZONING COMPLIANCE LETTER Sent Via Email October 27, 2020 Reference No. PA2020-292 Zoning Reports, LLC PO BOX 1394 Norman, OK 73070 Attn: Dyana Tucker dyana@zoning.report RE: 330 Old Newport Blvd, Newport Beach, CA 92663 Assessor Parcel Number: 425 381 16 Ms. Tucker: The above referenced property is currently located within the OG Office General Zoning District and designated as CO-G General Commercial Office within the Land Use Element of the General Plan. The property is not located within a Planned Unit Development or an overlay district.  For the abutting properties to the north, the Zoning District is OG Office General and designated as CO-G General Commercial Office within the Land Use Element of the General Plan.  For the abutting properties to the south, the Zoning District is OG Office General and designated as CO-G General Commercial Office within the Land Use Element of the General Plan.  For the abutting properties to the east, the Zoning District is Single-Unit Residential (R-1) and designated as Single-Unit Residential Detached (RS-D) within the Land Use Element of the General Plan.  For the abutting property to the west, the Zoning District is OG Office General and designated as CO-G General Commercial Office within the Land Use Element of the General Plan. Research of the permit and entitlement history of the property verifies that discretionary approvals were acquired from the City of Newport Beach Planning Page 2 Zoning Compliance – PA2020-292 Tmplt: 08-15-176 Division for development of the property. Please contact the Planning Division for any copies required of the discretionary approvals below:  Sign Program No. CS2018-006 A comprehensive sign program for Newport Harbor Medical Plaza  Staff Approval No. SA2016-006 SA2016-006 authorized modifications to the architectural design of the previously approved medical office building.  Lot Merger No. LM2014-005 LM2014-005 authorized the merger of four lots into a single parcel for future medical office development and waived parcel map requirements.  Mitigated Negative Declaration No. ND2009-003, Traffic Study No. 2009-002, Use Permit No. 2009-025, Modification No. MD2009-016, General Plan Amendment No. 2008-001 (PA2008-047) The above approvals represent a request for a General Plan Amendment (GPA) to increase the allowable floor area to land area ratio (FAR) for the project site from 0.5 FAR to 1.0 FAR. An FAR of 1.0 could result in 25,725 square feet of development. Concurrent with the requested General Plan Amendment, the applicant is proposing the construction of a 25,000- square-foot medical office building. In addition to the requested GPA, the following approvals were requested or required in order to implement the project: 1. A use permit to allow an elevator and stairwell enclosure to exceed the 32-foot base height limit. 2. A modification permit to allow the proposed subterranean parking area to encroach 3 feet into the 5-foot rear yard setback. 3. A seven space off-street parking credit commensurate with the number of on-street parking spaces available along the project frontage. 4. A traffic study pursuant to the City’s Traffic Phasing Ordinance.  Use Permit No. UP2008-042 Use Permit No. UP2008-042 authorized the operation of an independent massage facility in conjunction with a therapeutic physical therapy establishment specializing in Thai Yoga.  Use Permit No. 1686 Use Permit No. 1686 authorized the operation of a studio for instruction in arts, dance, self-improvement, and language. Page 3 Zoning Compliance – PA2020-292 Tmplt: 08-15-176  Use Permit No. 0755 Use Permit No. 0755 authorized the construction of a duplex over a commercial parking lot.  Use Permit No. 0456 Use Permit No. 0456 authorized the construction of a single-family residence in a commercial zoning district. The subject property does not have any active complaints on record. For information regarding code violations, please contact the Code Enforcement Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please contact the Building Division to obtain copies of Certificates of Occupancy. For information regarding plat maps or public rights-of way, please contact the Public Works Department at (949) 644-3311. Should you have any further questions, please contact me at 949-644-3225 or dlee@newportbeachca.gov. Sincerely, ___________________________ David S. Lee, Associate Planner Enclosures: Aerial Map Aerial Zoning Map Figure LU11 of the Land Use Element of the General Plan Feet Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 10/31/2019 0 200100 Feet Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 10/31/2019 0 400200 Land Use Element Newport Beach General Plan 3-12 Table LU1 Land Use Plan Categories Land Use Category Uses Density/ Intensity RESIDENTIAL NEIGHBORHOODS SINGLE UNIT RESIDENTIAL Single Unit Residential Detached—RS-D The RS-D category applies to a range of detached single-family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. Not applicable Single Unit Residential Attached—RS-A The RS-A category applies to a range of attached single-family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. Not applicable TWO UNIT RESIDENTIAL—RT The RT category applies to a range of two family residential dwelling units such as duplexes and townhomes. Not applicable MULTIPLE RESIDENTIAL Multiple Residential—RM The RM designation is intended to provide primarily for multi-family residential development containing attached or detached dwelling units. Units per acre or cumulative amount of development as specified on the Land Use Figures Multiple Residential Detached—RM-D The RM-D designation is intended to provide primarily for multi-family residential development exclusively containing detached dwelling units. Units per acre or cumulative amount of development as specified on the Land Use Figures COMMERCIAL DISTRICTS AND CORRIDORS NEIGHBORHOOD COMMERCIAL—CN The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. Floor area to land area ratio or cumulative development indicated on Land Use Plan. CORRIDOR COMMERCIAL—CC The CC designation is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Floor to land area ratio or cumulative development indicated on Land Use Plan. GENERAL COMMERCIAL—CG The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Floor area to land area ratio or cumulative development indicated on Land Use Plan. RECREATIONAL AND MARINE COMMERCIAL—CM The CM designation is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent and coastal-related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor-serving and recreational uses, and encourage physical and visual access to the bay on waterfront commercial and industrial building sites on or near the bay. Floor area to land area ratio or cumulative development indicated on Land Use Plan. VISITOR SERVING COMMERCIAL—CV The CV designation is intended to provide for accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. Floor area to land area ratio or cumulative development indicated on Land Use Plan. PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 PA2008-047 Tmplt:-10/10/14 COMMUNITY 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 VIA EMAIL January 15, 2015 Fuscoe Engineering Attn: John Olivier 16795 Von Karman #100 Irvine, CA 92606 jolivier@fuscoe.com Subject: Lot Merger No. LM2014-005 (PA2014-218) 328, 332, and 340 Old Newport Boulevard Shaoulian Lot Merger Dear Mr. Olivier, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on January 15, 2015 and effective on January 26, 2015. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, cc: Dr. Shaoulian 332 Old Newport Boulevard Newport Beach, CA 92663 shaoulian@gmail.com RESOLUTION NO. ZA2015-002 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM2014-004, WAIVING THE PARCEL MAP REQUIREMENT, AND COMBINING FOUR LOTS INTO A SINGLE PARCEL FOR PROPERTY LOCATED AT 328, 332, AND 340 OLD NEWPORT BOULEVARD (PA2014-218) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Fuscoe Engineering with respect to property located at 328, 332, and 340 Old Newport Boulevard, legally described as a Lots 8, 9, 10, and 11 of Tract 1136 within the City of Newport Beach, County of Orange, State of California. 2. The applicant proposes a lot merger application and a request to waive the parcel map requirement to combine four lots into a single parcel for future office development. 3. The subject properties are located within the OG (Office General) Zoning District and the General Plan Land Use Element category is CO-G (General Commercial Office). 4. The subject properties are not located within the coastal zone. 5. A public hearing was held on January 15, 2015, 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. All significant environmental concerns for the proposed project have been addressed in the Old Newport Boulevard General Plan Amendment (PA2008-047) Mitigated Negative Declaration (MND) previously adopted by the City Council on March 9, 2010, and that the City of Newport Beach intends to use said document for the above noted project. The MND indicates that the proposed project and future office development will not result in a significant effect on the environment and further that there are no additional mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Division or at the City of Newport Beach website under Archived Environmental Documents at www.newportbeachca.gov/ceqadocuments. Zoning Administrator Resolution No. ZA2015-002 Page 2 of 6 07-22-2014 SECTION 3. REQUIRED FINDINGS. Merger of Continuous Lots In accordance with Section 19.12.070.A (Required Findings for Approval) of the City of Newport Beach Municipal Code, the following finding and facts in support of such findings are set forth: Finding: A. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of Title 19. Facts in Support of Finding: 1. Per Section 19.04.035 of the Municipal Code (Development Across Property Lines), structures cannot be constructed across property lines. With the approval of the lot merger and the demolition of the existing structures, the proposed new office building can be constructed on the project site in conformance with the Code and City Council Resolution No. 2010-21. 2. The project is similar to the development of other properties on Old Newport Boulevard which have merged smaller lots into larger development sites; these developments have not been detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood or the general welfare of the City. 3. Future building improvements are required to comply with applicable Municipal Code regulations and City policies. Finding: B. The lots to be merged are under common fee ownership at the time of the merger. Facts in Support of Finding: 1. Lots 9, 10, and 11 are held under the ownership of Emanuel Shaoulian as his sole and separate property. Lot 8 is held under the 70 percent ownership of Emanuel Shaoulian as trustee of the Shaoulian Revocable Living Trust and 30 percent ownership of Sameul M. Shaolian and Rozita Shaolian, Co-Trustees of the Samuel M. and Rozita Shaolian Family Trust. Zoning Administrator Resolution No. ZA2015-002 Page 3 of 6 07-22-2014 2. A condition of approval has been added requiring the four lots to be held under common fee ownership prior to the recordation of the lot merger. Finding: C. The lots, as merged, will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. The merged lots will be consistent with the applicable OG district regulations and other regulations relating to the subject property. The resulting parcel will be approximately 25,725 square feet in area, exceeding the minimum lot area requirements of 5,000 square feet. 2. The Land Use Element of the General Plan designates the subject site as CO-G (General Commercial Office), which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. The lot merger will allow for the redevelopment of the site with a medical office development, consistent with the intent of the CO-G land use designation. 3. The project implements the development condition of Anomaly Site No. 76 in the Land Use Element of the General Plan, which authorizes a floor area ratio (FAR) of 1.0, provided that all four legal lots are consolidated into one parcel to provide future unified site design. Finding: D. Neither the lots, as merged, nor adjoining parcels, will be deprived of legal access as a result of the merger. Facts in Support of Finding: 1. Neither of the merged parcels, nor the adjoining parcels, will be deprived of legal access as a result of the merger. Legal access will remain from the street frontage of Old Newport Boulevard and from the alley at the rear. Finding: E. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. Zoning Administrator Resolution No. ZA2015-002 Page 4 of 6 07-22-2014 Facts in Support of Finding: 1. The Old Newport corridor of the City consists of office and commercial service developments on lots of varying size. The proposed lot merger would remove the interior property line between the subject properties to permit the parcel as a single, unified site, and would not result in a development pattern inconsistent with the existing development on Old Newport Boulevard. 2. Consolidation of the lots would allow for future unified development of the site, reducing the number of vehicular access points on Old Newport Boulevard and increasing on-street parking opportunities. Waiver of Parcel Map In accordance with Section 19.08.030.A.3 (Waiver of Parcel Map Requirement) of the City of Newport Beach Municipal Code, the Zoning Administrator may approve a waiver of the parcel map requirement in cases where no more than three parcels are eliminated. The following finding and facts in support of such finding are set forth: Finding: F. That the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of Title 19, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. The proposed lot merger will result in a parcel that is approximately 25,725 square feet square feet in area which is compliant with the Zoning Code requirement of 5,000 square feet for a newly created parcel within the OG district. 2. The lots are currently developed. Approval of the proposed lot merger would remove the existing interior lot line, and allow the properties to be used as a single site for development. The lot merger in and of itself would not change the land use, density, and intensity. The proposed merged parcel would comply with all design standards and improvements required for new subdivisions by Title 19, the Zoning Code, and General Plan. 3. The proposed parcel will have a frontage on Old Newport Boulevard and alley access off rear; therefore, the proposed lot merger will not result in a deprivation of legal access. 4. The proposed lot merger does not result in the elimination of more than three lots. Zoning Administrator Resolution No. ZA2015-002 Page 5 of 6 07-22-2014 5. Any improvements to the project site are required to comply with applicable Municipal Code regulations and City policies. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM2014-005 (PA2014-218), 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 10 days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF JANUARY, 2015. Zoning Administrator Resolution No. ZA2015-002 Page 6 of 6 07-22-2014 EXHIBIT “A” CONDITIONS OF APPROVAL PLANNING 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. 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. 3. Prior to the recordation of the lot merger, the four lots shall be held entirely under one common fee ownership. 4. Prior to the issuance of building permits allowing construction to cross the existing interior lot lines between the four lots proposed to be merged, recordation of the lot merger documents with the County Recorder shall be required. 5. Lot Merger No. LM2014-005 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 6. 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 Shaoulian Lot Merger including, but not limited to, Lot Merger No. LM2014-005 (PA2014-218). 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. Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL August 2, 2016 Emanuel Shaoulian, M.D. 3300 West Coast Highway Newport Beach, CA 92663 shaoulian@gmail.com Subject: Staff Approval No. SA2016-006 Newport Harbor Medical Plaza (PA2016-065) 328, 332, 340 Old Newport Boulevard Dear Mr. Emanuel Shaoulian, M.D., It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Community Development Director on August 2, 2016 and effective on August 16, 2016. A copy of the approved action letter with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, KB/jm cc: Bundy-Finkel Architects 1120 Bristol Street, Ste. 120 Costa Mesa, CA 92626 rfinkel@bundyfinkel.com PA2016-065 Ms COMMUNITY 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 COMMUNITY DEVELOPMENT DIRECTOR ACTION LETTER Application No. Staff Approval No. SA2016-006 (PA2016-065) Applicant Emanuel Shaoulian, M.D. Site Address 328-340 Old Newport Boulevard Newport Harbor Medical Plaza Staff Approval Legal Description Parcel 1 of Lot Merger LM2014-05 On August 2, 2016, the Community Development Director approved Staff Approval No. SA2016-006 authorizing modifications to the architectural design of a previously approved medical office building and finding said modifications to be minor and in substantial conformance with Use Permit No. UP2009-005 and Modification Permit No. MD2009-016. This approval is based on the following findings and subject to the following conditions. ZONING DISTRICT/GENERAL PLAN  Zone: OG (Office General)  General Plan: CO-G (General Commercial Office) I. BACKGROUND On March 9, 2010, the City Council adopted Resolution No. 2010-21 (Attachment No. CD2) approving a medical office project formerly known as the Old Newport Boulevard General Plan Amendment Project. The approval authorized a General Plan Amendment (GP2008-001) to increase the allowable floor area to land area ratio (FAR) for the project site from 0.5 FAR to 1.0 FAR. A FAR of 1.0 results in a maximum development of 25,725 square feet. Concurrent with the General Plan Amendment, the approval authorized the construction of an approximately 25,000- square-foot medical office building (Attachment No. CD3) with the following approvals:  A modification permit (MD2009-016) to allow a subterranean parking area to encroach 3 feet into the 5-foot rear yard setback;  An off-street parking credit commensurate with the number of on-street parking spaces available along the project frontage; PA2016-065 Newport Harbor Medical Plaza August 2, 2016 Page 2 \\cnb.lcl\data\Users\PLN\Shared\PA's\PAs - 2016\PA2016-065\PA2016-065 Staff Action Letter.docx  A use permit (UP2009-005) to allow portions of the building to exceed the 32-foot base height limit; and  A traffic study (TS2009-002) pursuant to the City’s Traffic Phasing Ordinance analyzing traffic associated with a 25,725-square-foot medical office use. Due to economic circumstances, the project was put on hold and extensions to the above-mentioned project approvals were granted until March 9, 2015. On January 15, 2015, the Zoning Administrator adopted Resolution No. ZA2015- 002 approving a lot merger (LM2014-004) combining the underlying four legal lots of the subject property into a single building site. The project approvals were deemed exercised with the issuance of building permits on March 6, 2015, for demolition of the existing structures and rough grading of the proposed medical office building. II. PROPOSED CHANGES Due to changes in architectural trends, medical office needs, and to improve vehicular circulation within the parking structure, the applicant is proposing to modify the architectural design of the project (Attachment No. CD4). Modifications include:  Changing the architectural style from a post-modern, deconstructivist style with angular building lines to a more contemporary curvilinear building design that is more responsive to the site and to the views available from the site.  Redesigning parking garage from two separate levels to a design with three connected levels. The new garage design allows for a safer vehicular circulation both on and off site by allowing vehicles to access all interior parking spaces from within the structure. The previous design required vehicles to exit the structure and re-enter the second level through another driveway.  Reducing number of vehicular driveways on Old Newport Boulevard from two to one.  Increased height of primary entry tower element to 48 feet 8 inches (3-foot- 10-inch increase above original design) and added a second tower element with a height of 37 feet 9 inches.  Increased total landscape area provided on-site from 2,447 square feet to 3,546 square feet. Landscaping at the rear of the building adjacent to the alley has increased by approximately 560 square feet. PA2016-065 Newport Harbor Medical Plaza August 2, 2016 Page 3 \\cnb.lcl\data\Users\PLN\Shared\PA's\PAs - 2016\PA2016-065\PA2016-065 Staff Action Letter.docx III. FINDINGS Pursuant to Section 20.54.070 (Changes to an Approved Project), the Community Development Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use without a public hearing, and waive the requirement for a new permit application. In this case, the Community Development Director has determined that the proposed architectural changes are in substantial conformance with the nature of the findings and conditions of the previous medical office approval. Finding: A. Are consistent with all applicable provisions of this Zoning Code. Facts in Support of Finding: 1. The project was originally approved under the previous Zoning Code and located within the Old Newport Boulevard Specific Plan (SP-9); Retail Service Commercial (RSC) Zoning District. The current Zoning Code designates the site Office General (OG). The proposed 25,000-square-foot medical office building continues to be a permitted land use identified in the previous SP-7/RSC and current OG Zoning Districts. The project also remains below the maximum 25,725-square-foot floor area limit (1.0 FAL) applicable to the site. 2. A total of 125 parking spaces are proposed for the medical office building, consistent with the required parking rate of one space per 200 square feet of gross floor area. Nine of the parking spaces are new on-street parking spaces that were created and eligible for an off-street parking credit consistent with the previous SP-9/RSC zoning standards and Condition No. 3 of the project approval. 3. The modified design complies with all applicable zoning standards of the previous SP9-RSC and current OG Zoning Districts, with the exception of the tower heights and subterranean rear yard encroachment. However, the modified design is in substantial conformance with Use Permit No. UP2009- 005 that authorized portions of the building to exceed the 32-foot base height limit and Modification Permit No. MD2009-016 that authorized portions of the subterranean parking structure to encroach into the rear setback. PA2016-065 Newport Harbor Medical Plaza August 2, 2016 Page 4 \\cnb.lcl\data\Users\PLN\Shared\PA's\PAs - 2016\PA2016-065\PA2016-065 Staff Action Letter.docx Finding: B. Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project. Facts in Support of Finding: 1. The environmental impacts of the approved project were analyzed under the Mitigated Negative Declaration (MND) that was adopted for the project by the City Council on March 9, 2010. The changes to the plans do not involve features that were the basis for findings or exemption in the adopted MND in that intensity of the project has not changed. Although changes in architectural design and site plan are proposed, there changes are considered minor and when taken into account, the conclusions of the environmental analysis in the Adopted MND do not change. Finding: C. Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval. Facts in Support of Finding: 1. The modified plan demonstrates the ability to comply with all required conditions of approval, and said conditions will continue to be required through project implementation. 2. Consistent with Condition No. 3, an off-street parking credit shall be granted equal to the number of on-street parking spaces provided along the Old Newport Boulevard frontage. The modified design provides parking for nine spaces, compared to four spaces under the original design, while providing adequate sight distance from the project driveway. 3. Consistent with Condition No. 11, the increased setback area at the rear of the building, including the five-foot rear alley setback, will be landscaped with a combination of groundcover, shrubs, and vertical plantings to enhance the aesthetics of alley elevation and minimize the visual bulk and mass of the structure. The modified design includes additional building setback area to the rear property line, resulting in 560 square feet of increased landscaping. 4. Consistent with Condition No. 16, trash will be located near the southeast corner of the site within a fully-enclosed trash enclosure to minimize noise and odor impacts to adjacent residents. PA2016-065 Newport Harbor Medical Plaza August 2, 2016 Page 5 \\cnb.lcl\data\Users\PLN\Shared\PA's\PAs - 2016\PA2016-065\PA2016-065 Staff Action Letter.docx 5. The original design included a single tower element that widened towards the top with an exterior finish that largely consisted of stucco and limited window openings. Due to the visual mass and bulk of the design, Condition No. 23 was imposed requiring that the portions of the stairwell and elevator enclosure that exceeded the 32-foot base height limit be redesigned architecturally to minimize the visual bulk, subject to the approval of the Director. The modified design now includes two tower elements for primary and secondary lobbies with varying heights that help reduce the mass into two separate architectural elements and consist primarily of glass finishes. The architectural design of the taller, primary tower includes an open-air design element. This design element maintains the prominence of the tower as a design feature, while further reducing the visual bulk of the tower. 6. The original design included a substantial number of lower and upper level windows facing the residential district across the alley at the rear. To minimize night lighting impacts, Condition No. 22 was added requiring an internal lighting system that would auto-dim after standard work hours. This condition will continue to be implemented; however, the modified design also eliminates the lower level office windows and only includes 7 upper level office windows, providing increased privacy and minimizing lighting impacts to the residents at the rear. Finding: D. Do not result in an expansion or change in operational characteristics of the use. Facts in Support of Finding: 1. The proposed building floor area remains at 25,000 square feet and no changes to proposed operation as a medical office use or associated vehicular trip generation would result. 2. Vehicular ingress and egress remains from Old Newport Boulevard, ensuring that the residential area across the alley remains protected from vehicular disturbances associated with the project. 3. The modified design maintains similar subterranean encroachments into the rear setback (3 feet 2 inches) to accommodate the necessary minimum parking and vehicular circulation requirements, but increases cumulative above ground setback area adjacent to alley that results in an increased rear landscape area of 562 square feet. Side setbacks increase from 8 inches on the north side and 2 feet 3 inches on the south side. The front setback of the project increases 2 feet, which also results in additional on-site landscaping along the project frontage. 4. Although the modified design now includes two architectural tower elements and roof lines that exceed the 32-foot base height limit, the overall design of PA2016-065 Newport Harbor Medical Plaza August 2, 2016 Page 6 \\cnb.lcl\data\Users\PLN\Shared\PA's\PAs - 2016\PA2016-065\PA2016-065 Staff Action Letter.docx the building has been improved by reducing the visual mass of the previous one single tower element consisting of largely stucco material to a design that breaks up the mass into two narrower architectural elements that utilize predominately glass finishes to provide visual transparency and openness. 5. The project site maintains a relatively long frontage width of approximately 290 feet along Old Newport Boulevard. Similar to the original design, the modified design maintains upper floor step backs, but now includes a curvilinear design to minimize the mass of the building as viewed from the street. The towers remain for the purpose of identifying the building entries and serve as design elements that break up the long elevation of the project. These tower elements are consistent with General Plan Policy LU 5.4.2, which requires new developments to be designed to convey a unified and high-quality character in consideration of several principles, including clearly identifying the entry of the building through design elements. 6. The modified design allows for increased rear setback area adjacent to the alley and residential uses across the alley. In addition, the overall height of the building as measured from the average alley elevation along the alley elevation has been reduced to approximately 22 feet (approximately 8 feet lower than original design), further minimizing the visual mass and scale of the building as viewed from the alley and the residential neighborhood beyond. IV. DETERMINATION This staff approval has been reviewed and the determination has been made that the proposed changes to the architectural design of the previously approved medical office building are minor and in substantial conformance with Use Permit No. UP2009-005 and Modification Permit No. MD2009-016. V. CONDITIONS 1. All applicable conditions of approval for Use Permit No. UP2009-005 and Modification Permit No. MD2009-016 shall remain in effect. 2. The development shall be in substantial conformance with the revised site plan, floor plans, roof plans, building elevations, and landscape plan found in Attachment No. CD 4. 3. To the fullest extent permitted by law, the 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 staff approval of the Newport Harbor Medical Plaza including, but not limited to, Staff Approval No. PA2016-065 Newport Harbor Medical Plaza August 2, 2016 Page 7 \\cnb.lcl\data\Users\PLN\Shared\PA's\PAs - 2016\PA2016-065\PA2016-065 Staff Action Letter.docx SA2016-006 (PA2016-065). 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. APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). For additional information on filing an appeal, contact the Planning Division at 949 644-3200. On behalf of Kimberly Brandt, AICP, Community Development Director By: jm/KB Attachments: CD1 Vicinity Map CD2 City Council Resolution No. 2010-21, including Mitigation and Monitoring Reporting Program, and Conditions of Approval CD3 March 9, 2010, Approved Plans CD4 Modified Plans PA2016-065 Newport Harbor Medical Plaza August 2, 2016 Page 8 \\cnb.lcl\data\Users\PLN\Shared\PA's\PAs - 2016\PA2016-065\PA2016-065 Staff Action Letter.docx Attachment No. CD 1 Vicinity Map PA2016-065 Newport Harbor Medical Plaza August 2, 2016 Page 9 \\cnb.lcl\data\Users\PLN\Shared\PA's\PAs - 2016\PA2016-065\PA2016-065 Staff Action Letter.docx VICINITY MAP Staff Approval No. SA2016-006 PA2016-065 328, 332, and 340 Old Newport Boulevard Subject Property PA2016-065 Attachment No. CD 2 City Council Resolution No. 2010-21, including Mitigation and Monitoring Reporting Program, and Conditions of Approval PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 PA2008-047PA2016-065 Attachment No. CD 3 March 9, 2010, Approved Plans PA2016-065 PA2016-065 EMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYPA2016-065 PA2016-065 DECORATIVEPAVING 1,147 SF3 RDNPARKING BELOWPA2016-065 20 RDNREFUGEAREAPARKING BELOWOPEN TERRACEPA2016-065 +82.50+69.50+58.00+46.50OLD NEWPORT - WEST ELEVATION+32.00 FROMEXISTING GRADE+45.00+56.50+97.00+82.50+69.50+56.50+45.00ALLEY - EAST ELEVATION+32.00 FROMEXISTING GRADEEXISTING GRADE+103.00ROOF SCREEN+58.00+46.50PA2016-065 +45.00+56.50+82.50+69.50+103.00 ROOFSCREENSIDE - NORTH ELEVATION+82.50+69.50+58.00+46.50+32.00 FROMEXISTING GRADE+32.00 FROMEXISTING GRADEOCEAN VIEW - SOUTH ELEVATION+97.00PA2016-065 +82.50+69.50+56.50+45.00+32.00 FROMEXISTING GRADEEXISTING GRADEPA2016-065 88.0086.4097.0073.0074.2073.0086.00AREA HIGHERTHAN 32' ABOVEFINISH GRADEPA2016-065 PA2016-065 PA2016-065 Attachment No. CD 4 Modified Plans PA2016-065 107-28-16Old Newport Blvd., Newport Beach, CA Newport Harbor Medical Plaza Planning Department Resubmittal PA2016-065 207-11-16Topo Survey - Existing Site PlanNewport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 307-11-16Ground Plane Exhibit Old Newport Blvd. 69.50 68.82 61.10 69.00 70.50 70.00 61.80 54.40 51.25 61.66 49.25 69.00 67.60 61.66 45.84 53.89 58.50 68.00 69.26 67.60 Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 407-11-16Old Newport Blvd. Existing Buildings Proposed New Building Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 507-11-16Second Level Office First Level Office Street-Level Secondary Lobby /Vertical Circulation Open Garage Main Lobby / Vertical Circulation Garage Entry On-Street parking Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 607-11-16Updated North Elevation Planted Trellis Element Plaster Reveals Plaster Accent Metal-Clad Element Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 707-11-16Old Newport Blvd. ViewsNewport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 807-11-16Trash Enclosure. Mech. Equip., Exit Stair Alley Views ROLL-DOWN TRASH ROOM DOOR MECHANICAL ENCLOSURE STAIR ENCLOSURE STAIR ENCLOSURE ELECTRIC ROOM Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 907-11-16Colored Roof PlanNewport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 1007-11-16Building Sections 01 02 05 060403 GRADE PLANE PROFILE - TYP. Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 1107-11-16Parking Garage Cutaway End-to-End Helix, One-Way Circulation Design * *Diagram Only Not meant to representative actual ramp configuration for this building Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 1207-11-16Entry Level Parking Plan Old Newport Blvd. LOWER PARKING LEVELOld Newport Blvd. Alley TRANSFORMER Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 1307-11-16Lower Level Parking Plan LOWER PARKING LEVELOld Newport Blvd. Alley Old Newport Blvd. Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 1407-11-16Upper Level Parking Plan Old Newport Blvd. Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 1507-11-161st Floor Office Plan Old Newport Blvd. ELECTRICAL ROOM TRASH ROOMMECHANCAL ENCLOSURE BACKFLOW DEVICE Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 1607-11-162nd Floor Office Plan Old Newport Blvd. Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 1707-11-16Old Newport Blvd. 98.50T.O. TOWER 92.50 T.O. TOWER 79.00 ACCENT WALL 92.50 STAIR ELEV. 92.50 STAIR ELEV. 90.50 TRELLIS ELEV. 94.00 T.O. ELEV. SHAFT 79.00 ACCENT WALL 82.00 T.O. RAILING - TYP. 79.00 Accent Wall78.50 T.O. ROOF ELEV.. 64.50 GARAGE ROOF ELEV. 92.50 T.O. ROOF ELEV. 69.50 68.82 61.10 69.00 70.50 70.00 61.80 54.40 51.25 61.66 49.25 69.00 67.60 61.66 45.84 53.89 58.50 68.00 69.26 67.60 78.50 T.O. ROOF ELEV. 48’-8” A.F. SIDEWALK37’-9” A.F. SIDEWALK Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 1807-11-16Building Height Envelope Study Existing grade plane projected up to 35’-0” elevation 48’-8”A.F. SIDEWALK 37’-9”A.F. SIDEWALK Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 1907-11-1624’ Height Study ALL ROOF ELEMENTS ABOVE 24’ STEP BACK FROM THE FRONT PROPERTY LINE A MIN. OF 1 FT. FOR EVERY FT. ABOVE 24’ EX- CEPT FOR THE LOBBY TOWERS WHICH ARE COVERED BY THE 20% EXCEPTION Newport Harbor Medical Plaza Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal PA2016-065 PA2016-065 PA2016-065 Community Development Department Planning Permit Application ~l\ Roi~ -otu5" 1. Check Permits Requested: D Approval-in-Concept-AIC # D Limited Term Permit - D Coastal Residential Development 0 Seasonal D < 90 day 0>90 days D Condominium Conversion D Modification Permit D Comprehensive Sign Program D Off-Site Parking Agreement D Development Agreement D Planned Community Development Plan D Development Plan D Planned Development Permit D Lot Line Adjustment D Site Development Review -D Major D Minor D Lot Merger D Parcel Map 2. Project Address(es)/Assessor's Parcel No(s) j328, 332, 340 Old Newport Blvd. I 425-381-06, 07, 08 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment li1 Staff Approval 0Tract Map D Traffic Study 0 Use Permit -OMinor Oconditional D Amendment to existing Use Permit 0 Variance 0 Amendment -OCode OPC OGP OLCP D Other: 3. Project Description and Justification (Attach additional sheets if necessary): !see letter attached 4. Company\ Applicant !Emanuel Shaoulian, M.D. I Mailing Address j33oo West Coast Hi._gh_w_a_y___ Suite/Unit .-------, City !Newport Beach State icA =1 Zip 192663 I Phone j(949) 642-5513 Fax j(949) 642-9479 j Email jshaoulian@gmail.com 5. Company\Contact !Bundy-Finkel Architects/Attn: Richard Fin~ Mailing Address '1 120 Bristol St. Suite/Unit _I 1_20 ___ ___.J City icosta Mesa I State icA I Zip _j92_6_26 __ ~1 Phone j(714) 850-7575 =i Fax j(714) 850-757~ Email lrfinkel@bundyfinke_l.c_o_m ___ ~ a. ~nerName ~manuel Shaoulian, ~.o ·.~~~~~~~~~~~~~~-~~~~~~ Malling Address 13300 West Coast Highway Suite/Unit -'--___ ___.! City !Newport Beach I State icA J Zip ~j9_26_6_3 __ __.I Phone f{949}642-5513 I Fax l ~(9_4_9_) 6-4-2--9-4_7_9 -1 Email ~lian@gmail.com I 7. Property OWner's Affidavit*: (I) (We) I E~ve.~ 'S. ~o v\\o."'-I depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s): { ____: ) -=E::::: ' -. Tttle: I ~ S oe-t~ j Date: I '-i /n .. /i !,. J DD/MO/YEAR Signature(s): -------------Title:'--------·---] Date:-·----~ *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note, the o\Mler(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_ Guidelines\Planning Permit Application -NEW.docx Rev: 02105115 PA2016-065 FOR OFFICE USE ONLY Planning Activity History:---------------------------- APN No: L/ :J. 5 · 3 cg I ·-0 4 , O 1, 0 ff I I Council District No.: c::<. -~------- General Plan Designation: C 0 -~ Zoning District: ___ ....;;;;()____.;;;.{; ______ _ Date Filed: L/-t 5-1~ Fee Pd: /$ R1:<, Check# 55~5 6 Receipt No: Roaoo IR& 71 S- D 2700-5000 Account CrCrd#: V -MC Coastal Zone: D Yes ~No Deposit Acct. No. __________ _ Community Association(s): N e.uJDOr:r l-l-7 h+-.s I . I m tJ rv u e,m e./L f-I-ls soc. DPlanning Commission Meeting Dzoning Administrator Hearing Dcommunity Development Director ACTION: D Approved D Denied D Tabled: Development No: Dbl. 0 J l/--0 5 7 7 Project No: Pf1~ol& -0&5 Activity No: S Pt ;;2. 0 I IP -({) 0 (p ACTION DATE D CONTINUED TO:--------------- DPlanning Commission Dzoning Administrator DCommunity Development Director Continued Date(s) ACTION: D Approved D Denied D Tabled: _________ _ ACTION DATE APPEALED: Appeal Received (Date):-------- Appealed to: Deity Council DPlanning Commission DOther: ___________ _ Meeting Date of Appeal: Action: D Approved D Denied D Other _______ _ APPLICATION WITHDRAWN: Withdrawal Received (Date): _________ _ Remarks: \\cnb.lcl\data\Users\CDD\Shared\Admin\Planning_Division\Applications\Office use Only.docx Updated 05/14/15 PA2016-065 Architecture April 13, 2016 Mr. Jaime Murillo City of Newport Beach 100 Civic Center Dr, Newport Beach, CA 92660 Planning Re: Newport Harbor Medical Plaza Determination of Substantial Conformance Dear Jamie: Interiors The following describes how or new design is in substantial conformance with the original design and why this design is preferable to the originally approved project. The changes shown benefit the city in the following ways: 1. The new garage configuration allows for safer vehicular circulation both on and off site by allowing vehicles to access all interior parking spaces from within the structure. The previous design required vehicles to exit the building and traverse Old Newport Blvd. and then re-enter the building to access all parking stalls. 2. The project configuration allows for substantially more landscaping on Old Newport Blvd. and along the rear alley. 3. The curving building design is much more responsive to the site and to the views available from the site. It has a much more restrained, but elegant appearance that we feel will be better appreciated by the surrounding residents and passersby. The design is in substantial conformance with the original approvals for the following reasons: 1. All modifications are consistent with all applicable provisions of the Zoning Code. 2. No modifications involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project. 3. The only modification to the project that involved a feature of the project that was specifically addressed, or was the subject of a condition of approval, related to the allowable building height. That issue was addressed with exhibits that showed that we are in still in compliance with the city's Zoning Code for the building heights. 4. None of the modifications will result in an expansion or change in operational characteristics of the use. Sincerely, Richard Finkel, A. I.A. PA2016-065 for SA2016-006 328, 332, 340 Old Newport Boulevard Emanuel Shaoulian, M.D. 1120 Bristol Street •Suite 120 •Costa Mesa •CA 92688 •P. 714 850 -7575 • F. 714 850-7576 PA2016-065 PA2016-065 F:\Users\PLN\Shared\PA's\PAs - 2016\PA2016-065\PA2016-065 Incomplete Ltr.docx Tmplt. 02/09/11 COMMUNITY 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 NOTICE OF INCOMPLETE FILING May 2, 2016 Bundy-Finkel Architects 1120 Bristol Street, Ste. 120 Costa Mesa, CA 92626 Application No.  Staff Approval for Substantial Conformance No. SA2016-006 (PA2016-065) Address 328, 332, 340 Old Newport Boulevard Please be advised that after reviewing the subject application, your submittal has been deemed incomplete and further information is required before we are able to proceed with the application process. Approval of staff approval for substantial conformance requires that staff find that the project changes are minor and that the changes do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval. Therefore, the following information is needed to complete the application and to assist with determining substantial conformance with the previously approved design: 1. Provide a table or similar information comparing the Code requirements at the time of project approval, features of the Previously Approved project, and features of the Proposed project, including the information in the last column below: Development Standards Required Previously Approved Proposed Project Floor Area 25,725 SF Allowed Approx. 25,000 SF, final SF to be determined based on number of # of parking spaces approved Setbacks Front 0 0 Side 0 2 feet on north side; and 5 inches on south side PA2016-065 F:\Users\PLN\Shared\PA's\PAs - 2016\PA2016-065\PA2016-065 Incomplete Ltr.docx Page 2 Rear 5 feet min. Building above grade: varies from 5 feet to 16 feet. Subterranean Parking: 2 feet Height 32 feet max. Main Building: 32 feet Elevator and stairwell enclosure: 44 feet 10 inches Tower Characteristics 1 tower feature exceeding 32 feet Approx. 600 square feet in area above height limit Width of tower – 40 feet (14 % of frontage width) Parking (1 space/200 square feet) 122 spaces total 118 spaces off-street 4 spaces on-street (required approval of parking credit- 7 originally proposed, but reduced to 4 due to sight distance issues) Vehicular Access Non-residential projects with ingress or egress from alleys accessed from Holmwood are subject to Site Plan Review to minimize traffic and parking impacts on adjacent single-family residential areas. No vehicular access is proposed from alley adjacent to residential area. All vehicular access will occur from Old Newport boulevard. No Site Plan review required. Same Landscaping 1. 8% of site (2,049 sf total); 1/2 of landscaping may consist of decorative paving 2. 1 tree/50’ of frontage (6 trees req’d) 3. Trees shall be planted within 5’ of front or side PL 1. 2,447 sf total 2. 7 trees provided 3. Trees are planted in public R.O.W. (did not meet Code, project had been conditioned to comply) PA2016-065 F:\Users\PLN\Shared\PA's\PAs - 2016\PA2016-065\PA2016-065 Incomplete Ltr.docx Page 3 Rear Setback Characteristics Above grade- setbacks ranging from 5 feet to 16 feet 2024 square feet of landscaping Wall Articulation On structures with FAR of 0.65 or higher, front walls shall be setback at least 1-foot for every foot in excess of 24 feet above grade. 20% of the length of the building façade may exceed the 24-foot height limit up to the maximum height limit. Project complies. Front walls step back consist with the natural topography of the site. The elevator and stairwell located at the northwest corner of the site complies with the 20% limitation. 2. Floor Plans: a. Parking Garage Plans: Permitted rough grading permit and shoring plans illustrate that the basement wall of subterranean parking garage would maintain 2-foot setback to rear property line, consistent with the previously approved Modification Permit. However, proposed plans now indicate that the garage wall would only be setback 1-foot 1-inch to rear property line. Please clarify and revise for consistency with rough grading plan and prior Modification Permit approval. b. 1st Floor: Illustrate all proposed improvements in the rear of building and label uses. Illustrate any mechanical equipment and transformers that may be located in said area. 3. Renderings/Elevations: a. Renderings shall accurately illustrate landscaping improvements and rear building improvements as shown on floor plans, including mechanical equipment rooms, electrical rooms, etc. 4. Landscaping: Provide a conceptual landscape plan to show compliance with Conditions Nos. 10 and 11: a. A minimum 8% of site shall be landscaped. b. Landscaping shall include a minimum of 1 tree for each 50 feet of street frontage. (Trees may not be planted in PROW) c. Each tree shall be a minimum of 15-gallon in size and planted within 5 feet of front or side property line. The tree shall be the same as the designated street tree. Please consult with Public Works for designated street trees. d. The rear landscape area shall be landscaped with a combination of groundcover, shrubs, and vertical plantings to enhance the aesthetics of PA2016-065 F:\Users\PLN\Shared\PA's\PAs - 2016\PA2016-065\PA2016-065 Incomplete Ltr.docx Page 4 the alley elevation and to minimize the visual bulk and mass of the structure. 5. Trash: Trash disposable and pick up was a significant issue of concern during public hearings for project. Per Condition No. 16, all trash shall be stored within the building or within dumpsters stored in a trash enclosure that is recessed into the building. Also, to minimize noise and odor impacts to adjacent resident, the enclosure shall be located at the southeast corner of site and screened from view of neighboring properties. As currently designed, it does not appear that the trash enclosures are not designed in compliance with condition. Please redesign to comply. 6. Height: The Building Height Envelope Studies are helpful for illustrating portions of building that are over height. However, we need more detailed information illustrating how grade plane was established and precise heights of building. a. Provide a grade plane exhibit illustrating the proposed grade plane (including interpolated grade contours illustrated) used for the purpose of measuring height. b. Provide a roof plan exhibit superimposed over grade plane for measuring height, with all roof height elevations, deck floor elevations, and guardrail elevations. c. On cross sections, illustrate grade plane profile. 7. Architecture and Articulation: a. Design of building is subject to architectural design standards of Old Newport Blvd Specific Plan that was in effect at time of project approval. Illustrate how project complies with following: Front wall shall be setback at least 1-foot for every foot in excess of 24 feet above grade [plane]. 20% of the length of the building façade may exceed the 24-foot height limit without providing setbacks. b. Per Condition No. 23, portion of the elevator and stairwell enclosure that exceeds the 32-foot height limit shall be redesigned in a manner that minimizes the bulk of the architectural appurtenance. Please provide a narrative that explains how the revised design implements this condition compared with previously approved design. c. There is a wing wall labeled as “low building wall” identified on floor plans that projects from rear of building to rear setback. On renderings it appears as full height wall. It is recommended that the wall height be reduced to provide more visual open space and minimize bulk of building as viewed from alley looking south at project site. 8. Mechanical Equipment Noise: General Plan Noise Element Policy N 4.3 requires that all new commercial developments abutting residentially designated PA2016-065 F:\Users\PLN\Shared\PA's\PAs - 2016\PA2016-065\PA2016-065 Incomplete Ltr.docx Page 5 properties be designed to minimize noise impacts generated by loading areas, parking lots, trash enclosures, mechanical equipment, and any other noise generating features to the extent feasible. Of particular concern with new design is the concentrated location of the mechanical equipment and locations of parking garage exhaust vents. Please provide information regarding how noise will be attenuated to comply with City’s Noise Standards (NBMC Sec. 10.26.025). Alternatively, can mechanical units be located on roof? 9. Public Works Comments- Please see the attached Public Work’s comments regarding the staff approval submittal. Revise plans accordingly. Should you have any questions regarding submittal requirements, please contact Jaime Murillo, Senior Planner at (949) 644-3209, jmurillo@newportbeachca.gov. c: Emanuel Shaoulian shaoulian@gmail.com David Fishman dbf@universalprop.com PA2016-065 PA2016-065 PA2016-065 PA2016-065 PA2016-065 PA2016-065 PA2016-065 PA2016-065 PA2016-065 PA2016-065 PA2016-065 PA2016-065 PA2016-065 Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL August 20, 2019 Mike Heffernan Sunset Signs 2981 E. White Star Avenue Anaheim, CA 92806 mike@sunsetsignsoc.com Subject: Comprehensive Sign Program No. CS2018-006 (PA2018-237) at 330 Old Newport Boulevard It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on August 16, 2019 and is now within the required City appeal period until August 30, 2019. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, ls/RU COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www.newportbeachca.gov ZONING ADMINISTRATOR ACTION LETTER Subject: Comprehensive Sign Program No. CS2018-006 (PA2018-237) Site Location 330 Old Newport Boulevard (Newport Harbor Medical Plaza) Applicant Sunset Signs Legal Description Parcel 1 of Lot Merger No. LM2014-05 On August 16, 2019, the Zoning Administrator approved Comprehensive Sign Program No. CS2018-006. The approval is in accordance with the provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code (NBMC). The intent is to integrate all of the building’s tenant signage with the overall site design. LAND USE AND ZONING  Zone: OG (Office General)  General Plan: CO-G (General Commercial Office) Pursuant to Section 20.42.120 (Comprehensive Sign Program) of the NBMC, a Comprehensive Sign Program is required whenever three or more separate tenant spaces are proposed for a single site, whenever a structure has more than three hundred (300) linear feet of frontage on a public street, and when signage is proposed at or above the second story of a multi-story building. Under the Comprehensive Sign Program, deviations are allowed with regard to sign area, total number, location, and/or height of signs. In this case, a total of nine signs are proposed for four tenants, including a request to allow the following deviations from the Zoning Code: 1. Sign Area:  Allow three (3) building signs in excess of 75 square feet in area. 2. Total number of signs:  Allow two (2) building signs for each of the two primary tenants, in lieu of the one (1) normally allowed.  Allow additional wall signage for addressing and multi-tenant identification. Comprehensive Sign Program No. CS2018-006 (PA2018-237) August 16, 2019 Page 2 3. Location of signs:  Above the bottom of lowest second story window for second story occupancies that do not have exterior entrances and for address numbers;  Extending outside of the middle fifty (50) percent of the building or tenant frontage measured from lease line to lease line. The approval is based on the following findings and standards, and subject to the following conditions: FINDINGS AND STANDARDS FOR APPROVED SIGNS Finding A. The project is exempt from environmental review under the requirements of the California Environmental Quality Act pursuant to Section 15311, Class 11 (Accessory Structures). Fact in Support of Finding: 1. Class 11 exempts minor structures accessory to existing commercial facilities, including signs. The proposed signs are incidental and accessory to the principal commercial use of the property and do not intensify or alter the use. Standard B. The proposed sign program shall comply with the purpose and intent of this Chapter [Chapter 20.42], any adopted sign design guidelines, and the overall purpose and intent of this Section [Section 20.42.120 – Comprehensive Sign Program]. Facts in Support of Standard 1. The purpose of a comprehensive sign program is to integrate all of a project’s signs with the overall site design and architecture to create a unified architectural design statement. A comprehensive sign program provides a means for the flexible application of sign regulations for projects that require multiple signs in order to provide incentive and latitude in the design and display of signs, and to achieve, not circumvent, the purpose of Chapter 20.42 (Sign Standards). The proposed Comprehensive Sign Program limits tenant signage to a maximum of two primary tenants and two secondary tenants, and incorporates a building identification sign, a pedestrian scale multi-tenant directory sign, and address signage in a unified design as described in these findings and shown on the proposed plans. 2. The proposed Comprehensive Sign Program complies with the purpose and intent of Newport Beach Municipal Code Chapter 20.42 (Sign Standards) because it provides the building tenants with adequate identification while guarding against Comprehensive Sign Program No. CS2018-006 (PA2018-237) August 16, 2019 Page 3 excessive proliferation of signage. The increased number and area of the wall signs provide necessary identification for motorists travelling on Newport Boulevard, Hospital Road, and Old Newport Boulevard; however, it preserves and enhances the community appearance by regulating the type, size, location, quantity, and illumination of signs through conditions of approval and conformance with approved plans. Through these regulations, the Comprehensive Sign Program will enhance the safety of motorists and pedestrians by minimizing the distraction of signs as well as to protect the life, health, property, and general welfare of City residents and visitors. 3. A comprehensive sign program allows deviations with regard to sign area, total number, location, and/or height of signs. Approval of this Comprehensive Sign Program includes deviations to the total number and location of allowed building signs. However the overall sign increase will not be more than 30 percent allowed by the Zoning Code (97.5 square feet max.). Because of the length of the commercial building frontage along a curved street, the proposed number and location of signs will provide better sign visibility without creating an overcrowded appearance. Also, since the office building is located near the intersection of three streets, the proposed signage is necessary to identify the major office tenants to vehicles traveling from multiple directions of the intersection. Standard C. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and/or developments they identify, and to surrounding development when applicable. Facts in Support of Standard 1. The commercial building on the site is intended for the use of multiple tenants. The tenants will be permitted signage pursuant to the submitted 330 Old Newport Boulevard Sign Program Matrix to allow adequate site identification and visibility. The signs have been designed to be consistent with one another and to not be abrupt in scale with the individual tenant frontage. The location and size of the signs do not dominate, but rather are consistent with the proportions of the façade on which they are located. The font, colors, and materials of proposed signs will complement the architecture and colors of the existing building. 2. The wall-mounted signs have been designed to comply with applicable development standards and will not obstruct public views from adjacent roadways because the signs will be affixed to existing structures and will not create any additional obstructions. Standard D. The sign program shall address all signs, including permanent, temporary, and exempt signs. Comprehensive Sign Program No. CS2018-006 (PA2018-237) August 16, 2019 Page 4 Facts in Support of Standard 1. The Comprehensive Sign Program addresses all project signage. Temporary and exempt signs not specifically addressed in the sign program shall be regulated by the provisions of Newport Beach Municipal Code Chapter 20.42 (Sign Standards). Standard E. The sign program shall accommodate future revisions that may be required because of changes in use or tenants. Facts in Support of Standard 1. It is not anticipated that future revisions to the Comprehensive Sign Program will be necessary to accommodate a change in tenants or use. However, the Community Development Director may approve minor revisions to the Comprehensive Sign Program if the intent of the original approval is not affected, pursuant to Chapter 20.42. Standard F. The program shall comply with the standards of this Chapter [Chapter 20.42], except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter [Chapter 20.42]. Facts in Support of Standard 1. The Comprehensive Sign Program requests deviations to the total number and location of allowed building signs. Because of the length of the commercial building frontage along a curved street, the proposed number and location of signs will provide better sign visibility without creating an overcrowded appearance. 2. Allowing deviation from the Zoning Code to allow a greater number of signs and greater overall sign area is appropriate based on the size and location of the commercial building, which has approximately 287 feet of frontage along a curved street, in order to provide adequate and appropriate site identification consistent with the proportions and location of the building. 3. Allowing deviation from the Zoning Code for certain wall signs to be located outside of the middle 50 percent and on the second floor level is appropriate given the architectural design of the building. The architectural design of the building incorporates two tower elements that are appropriate for signage; however due to the width of the towers, the signs are limited to the middle 80% of the tower width to maintain proper placement and integrate into the overall building design. Comprehensive Sign Program No. CS2018-006 (PA2018-237) August 16, 2019 Page 5 Standard G. The approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter [Chapter 20.42]. Fact in Support of Standard 1. The Comprehensive Sign program does not authorize the use of prohibited signs. Standard H. Review and approval of a Comprehensive Sign Program shall not consider the signs’ proposed message content. Fact in Support of Standard 1. The Comprehensive Sign Program contains no regulations affecting sign message content. CONDITIONS 1. The development shall be in substantial conformance with the approved site plan, details, and elevations, except as noted in the following conditions. 2. Upon demolition or substantial structural and nonstructural changes to the exterior of the development on which this approval is based, this Comprehensive Sign Program shall be rendered nullified and a new Comprehensive Sign Program shall be obtained for the new or altered development in accordance with the Zoning Code provisions in effect at the time the new development is approved. 3. All signs shall be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the Newport Beach Municipal Code. Temporary and exempt signs not specifically addressed in the program shall be regulated by the provisions of Chapter 20.42 of the Newport Beach Municipal Code. 4. In accordance with Municipal Code Section 20.42.120.F of the Zoning Code, the Community Development Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. This may include deviations on the tenant configurations, such as combining or dividing suites. 5. A building permit shall be obtained prior to commencement of the construction and/or installation of the signs. 6. 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, Comprehensive Sign Program No. CS2018-006 (PA2018-237) August 16, 2019 Page 6 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 330 Old Newport Boulevard Sign Program including, but not limited to Comprehensive Sign Program No. CS2018-006 (PA2018-237) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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. APPEAL PERIOD An appeal or call for review 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: Approved by: Attachments: ZA 1 Vicinity Map ZA 2 Comprehensive Sign Program Matrix ZA 3 Project Plans Attachment No. ZA 1 Vicinity Map VICINITY MAP Comprehensive Sign Program No. CS2018-006 (PA2018-237) 330 Old Newport Boulevard Subject Property Attachment No. ZA 2 Comprehensive Sign Program Matrix Exhibit “B” 330 OLD NEWPORT BOULEVARD COMPREHENSIVE SIGN PROGRAM MATRIX Sign Type Tenant Number of Signs Size Limitation Other Specifications Tenant Identification 1 Two, one each type Sign type “a” - 75 sq.ft. max. - 36” letter /42” logo Sign limited to middle 50% of wall elevation (refer to plans) Sign type “b” - 75 to 96.5 sq.ft. - 36” letter/42” logo Sign limited to middle 50% or 80% of wall elevation, depending upon location (refer to plans) 2 Two, one each type Sign type “a” - 75 sq.ft. max. - 36” letter /42” logo Sign limited to middle 50% of wall elevation (refer to plans) Sign type “b” - 75 to 96.5 sq.ft. - 30” letter/36” logo Sign limited to middle 50% or 80% of wall elevation, depending upon location (refer to plans) 3 One - 75 to 96.5 sq.ft. - 30” letter/36” logo Sign limited to middle 50% of wall elevation (refer to plans) 4 One - 75 to 96.5 sq.ft. - 30” letter/36” logo Sign limited to middle 50% of wall elevation (refer to plans) Multi-Tenant n/a One - 95 sq.ft. - 12.5” letters Building Identification n/a One - 56 sq.ft. - 20 “ letters - No logos Address Numbers n/a Two - 17 sq.ft. - 30.5” letters - No logos Notes/Requirements: a) Sign locations shall be as depicted on approved plans. b) Wall signs shall be constructed of individual channel letters and attached per mounting details depicted on approved plans. c) Requirements for all signs per Municipal Code Chapter 20.42, except as provided in this sign matrix. d) Sign Designs shall be consistent with Citywide Sign Design Guidelines Manual. e) Pursuant to Section 20.42.120.F of the Zoning Code, the Community Development Director may approve minor revisions to this approval if the intent of the original approval is not affected. Attachment No. ZA 3 Project Plans