HomeMy WebLinkAbout1811 - RECOMMEND APPROVAL CA _3388 VIA LIDORESOLUTION NO. 1811
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
APPROVAL OF CODE AMENDMENT NO. CA2010 -006 TO
APPLY THE INTERIM STUDY OVERLAY AND OF A STUDY
PLAN FOR PROPERTY LOCATED AT 3388 VIA LIDO (PA2010-
081)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Marshall Property & Development, representing Bayfront
Holdings, L.P., with respect to property located at 3388 Via Lido, and legally described as
Parcel 1, as shown on a map filed in Book 60, Page 43 of parcel maps, in the office of
the County Recorder of the County of Orange requesting approval of a Code
Amendment.
2. The application consists of a Zoning Code amendment to apply the Interim Study (IS)
Overlay Zoning designation to the subject property and approval of a Study Plan to
allow the renovation of an existing 5 -story office building for a mixed -use project
consisting of two floors of commercial office use and two residential dwelling units
located on the upper three floors.
3. The subject property is located within the Retail and Service Commercial (RSC) Zoning
District and the General Plan Land Use Element category is Mixed -Use Water Related 2
(MU -W2). The subject property is located within the coastal zone. The Coastal Land Use
Plan category is Mixed -Use Water Related (MU -W).
4. As part of the General Plan Implementation Program, the City Council initiated the
interim development review process to provide a mechanism for projects that are in
accordance with the General Plan but inconsistent with the current zoning regulations.
This process requires project proponents to request approval of a Code Amendment to
apply the Interim Study (IS) Overlay zoning designation on the property. A
development Study Plan is required that establishes all development regulations for
the subject property and provides for implementation of General Plan policies.
5. A public hearing was held on July 22, 2010 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California, 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 Planning
Commission at this meeting.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 1 (Existing Structures).
2. The Class 1 exemption allows for the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of use beyond that existing at the time of the lead agency's determination. This
includes interior or exterior alterations, restoration or rehabilitation of deteriorated or
damaged structures, and additions up to 10,000 square feet if the project is in an area
where all public services and facilities are available to allow for maximum development
permissible in the General Plan and the area in which the project is located is not
environmentally sensitive.
3. The proposed project consists of the interior and exterior renovation of an existing
building in which the upper floors of the existing office space will be converted into
residential units per the General Plan land use designation. The overall square footage
for the project will be reduced in order to allow for new balconies and open space on
the upper floors. However, the project does include the addition of square footage for
residential garages at the ground floor. The new square footage and the proposed
work are within the limits established by the Class 1 CEQA exemption.
4. 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 project.
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.
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SECTION 3. REQUIRED FINDINGS.
Code amendments are legislative acts. Neither the City nor State Planning Law set forth any
required findings for either approval or denial of such amendments.
A Study Plan is provided pursuant to Resolution No. 2007 -3 and Chapter 20.53 of the Zoning
Code. The Study Plan establishes development regulations to create Zoning Code
consistency with the General Plan by permitting the residential uses at the subject property.
Approval of the Study Plan requires the City Council to make mandatory findings. These
findings and facts in support of these findings are discussed below:
Findinq:
A. The proposed plan implements and is in compliance with all applicable policies of the
General Plan.
Facts in Support of Finding:
A -1. The Land Use Element of the General Plan designates this site for Mixed -Use Water
Related 2 (MU -W2). The MU -W2 designation is intended for uses permitted under the
CM, CV, and MU -V land use designations. This includes commercial development on
or near the bay in a manner that will encourage the continuation of coastal- dependant
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 buildings sites on or near the bay. Mixed -use structures that vertically
integrate housing with retail uses including retail, office, restaurant, and similar
nonresidential uses. For mixed -use structures, commercial uses characterized by
noise, vibration, odors, or other activities that would adversely impact on -site
residential units are prohibited. Accommodations, goods, and services intended to
primarily serve visitors to the City of Newport Beach. Detached residential
development is not permitted in this area. The proposed project clearly implements the
MU -W2 designation of the General Plan, because it incorporates a mix of commercial
and residential uses with a vertical orientation within an existing structure. The office
and residential uses under the proposed project are both consistent with this
designation.
A -2. The Lido Village Area is specifically addressed in Goal LU 6.9 of the General Plan,
which provides policies that focus on re- development (identifies preferred primary
uses) to support the needs of this pedestrian- oriented village environment that reflect
its waterfront location, providing a mix of uses that serves visitors and local residents.
The proposed re- development is consistent with land use goal identified in LU6.9. The
project improves the functionality of uses on the subject property and provides
separate pedestrian access for each use. The exterior renovations will update the
aesthetics of the subject property, and the dock area will be redeveloped for the active
use of residents of the subject property, thereby reconnecting the existing building to
the adjacent waterway.
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A -3. The project is in compliance with the applicable General Plan policies as discussed in
Appendix A to the Study Plan. The proposed project is in compliance with the
applicable General Plan policies as follows: it establishes a primary commercial and
residential use as described in policies LU 6.9.1 and LU 5.3.3; the project integrates
residential uses and provides a new retail base in an area identified as an opportunity
for change by LU 3.3.
Finding:
B. The proposed plan conforms to all applicable design guidelines, such as those
included in the Mariner's Mile Design Framework, and any existing Specific Plan
design guidelines.
Facts in Support of Finding:
8 -1. The proposed project is not within a Specific Plan area nor is it subject to any design
guidelines.
B -2. General Plan policy LU 5.2.1 Architecture and Site Design provides design guidelines
for new development within existing commercial districts, centers, and corridors. The
proposed plan is in compliance with these polices as it includes upgrading the fagade
of the existing structure to incorporate modulation and a distinction between uses of
the building, restriping of existing and off -site parking areas, new landscaping, and the
addition of mechanical screening areas to screen equipment from public view.
Finding:
C. Any changes from existing zoning regulations that otherwise would apply are justified
by compensating benefits of the proposed plan.
Facts in Support of Finding:
C -1. The site is designated Mixed -Use Water Related 2 (MU -W2) in the Land Use Element
of the General Plan. The proposed project clearly implements the MU -W2 designation
of the General Plan, because it incorporates a mix of commercial and residential uses
with a vertical orientation within an existing structure. The office and residential uses
under the proposed project are both consistent with this designation.
C -2. The City has adopted interim processing procedures to allow property owner's to
proceed with development plans to implement the new General Plan through the
Interim Study Overlay process.
C -3. The proposed development standards within the Study Plan are consistent with the
current Zoning Code development standards with the exception of the required 10 -foot
bulk head setback. Under the proposed project this encroachment will remain due to
the practical difficulty of relocating the existing 50 -year old, 5 -story structure beyond
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the required setback area. The proposed project improves an existing dilapidated
building and incorporates a mixed -use element that will revitalize the Lido Village
community by providing a year -round retail base.
C -4. Additional development standards have been added to increase the project's
conformity with the draft Zoning Code standards. These standards include open space
requirements for the new residential units, and location requirements for mechanical
equipment.
C-4. The proposed project will be within the maximum FAR and below the maximum FAR
ratios for residential and commercial areas allowed under the new General Plan.
Public access will remain along Newport Bay. The proposed project reduces the
overall square footage of the building and proposes structural alterations to 25 percent
or less of the existing structure. Therefore, the alterations to the existing
nonconforming structure are permitted by right and the project complies with Chapter
20.62 (Nonconforming Structures) of the Zoning Code.
C -5. The height of the existing, nonconforming structure will not exceed the 60 -foot
maximum established under Use Permit No. UP544.
C -6. The design of the development will not conflict with any easements acquired by the
public at large for access through or use of property within the proposed development.
Finding:
D. The proposed development and /or use and its development and operation as
proposed in the Study Plan will not be detrimental to the public health, safety and
welfare of the persons residing in or working in the proposed structures or in
developments adjacent to the proposed project, properties, or improvements in the
vicinity or to the general welfare of the City.
Facts in Support of Finding:
D -1. The proposed project will not be detrimental to the public health, safety, or welfare of
persons residing or working in the area. The renovation of the building will incorporate
new building systems such as a new elevator shaft for improved emergency ingress
and egress, fire sprinklers throughout, and seismic retrofits to the structural members
of the building, which will enhance the structural stability of the building. The applicant
has worked extensively with City staff to ensure that the commercial and residential
uses are effectively integrated so that each use functions smoothly and adequate
access, privacy, and security is preserved.
D -2. The project is consistent with and implements the City's General plan as discussed in
the study plan and staff report.
D -3. The project will not be detrimental to the properties or improvements in the project
vicinity or to the general welfare of the City. Adjacent properties in the Lido Village
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area should benefit from the revitalization of the structure and the increased retail base
resulting from the introduction of new residential units in the community.
D-4. Public improvements will be required to comply with public health and safety
requirements per the Municipal Code.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends that the City
Council approve Code Amendment No. CA2010 -006 and the related Study Plan.
PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF JULY 2010.
AYES: Eaton, Unsworth, Hawkins, McDaniel, Peotter, Toerge, and Hillgren
NOES: None
Earl McDaniel, Chairman
BY:
Michael Toerge, Secretary
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