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HomeMy WebLinkAboutVia Lido Interim Study Overlay_ PA2010-043CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT July 22, 2010 Meeting Agenda Item 3 SUBJECT: Via Lido Interim Study Overlay (PA2010 -081) 3388 Via Lido ■ Code Amendment No. CA2010 -006 APPLICANT: Marshall Property & Development PLANNER: Makana Nova, Assistant Planner (949) 644 -3249, mnova @newportbeachca.gov PROJECT SUMMARY 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. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. recommending City Council adoption of Code Amendment No. CA2010 -006 (Attachment No. PC 1). Via Lido Interim Study Overlay Planning Commission, July 22, 2010 LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE MU -W2 (Mixed -Use RSC (Retail and Service Business and Professional Water Related ) Commercial ) Offices NORTH MU -W2 (Mixed -Use RSC (Retail and Service Retail and Office Development Water Related ) Commercial SOUTH RM (Multiple -Unit RSC (Retail and Service Business and Professional Residential ) Commercial Offices EAST CG (General RSC (Retail and Service Retail and Office Development Commercial Commercial WEST N /A_ N /A_ Newport Bay Via Lido Interim Study Overlay Planning Commission, July 22, 2010 Page 3 INTRODUCTION Proiect Settin The site, 3388 Via Lido, is located at the northeast corner of the intersection of Via Lido and Via Oporto between Via Lido and Newport Bay. The project site is relatively flat and trapezoidal in shape, bounded to the south by an office building, to the north and west by retail and office development, and to the east by Newport Bay. The property has 14,128 square feet (approximately 0.32 acres) of land area with a required 4 -foot utilities easement along Via Lido and a required 10 -foot bulk head setback along Newport Bay. The existing development consists of a 5 -story office building, which encroaches into the 10 -foot bulkhead setback along Newport Bay. There are currently 19 parking spaces provided on -site for use by the commercial tenants of the building. The project site is served by an off -site parking lot located at the southeast corner of 32nd Street and Villa Way (500 32nd Street). The property is in the RSC (Retail and Service Commercial) Sub -Area of the SP -6 (Cannery Village Specific Plan) Zoning District. The 12,834- square -foot property (approximately 0.29 acres) is currently developed with a vacant bank teller building and 38 surface parking spaces. Project Description The applicant requests approval 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 mixed uses consistent with the MU -W2 (Mixed -Use Water Related) land use designation, but not permitted under the existing RSC Zoning District. The project involves the renovation of an existing 5 -story office building for a mixed -use project consisting of two floors of commercial uses and two residential dwelling units located on the upper three floors. Required off - street parking for the project is provided at an off - site parking lot located at 500 32nd Street. The scope of work for the proposed renovation is as follows: • Construct a new roofline to replace the existing crenulated roofline, which will extend beyond the existing building envelope but remain within the 60 -foot maximum height limit approved under Use Permit No. UP544. • Construct a new exterior fagade for the entire structure subject to the review and approval of the Planning Director during the plan check process. • Structurally upgrade the existing structure for seismic stability. • Pull. back the existing floor area on the third, fourth, and fifth floors to provide private open space for the new residential units. • Demolish the existing bank vault at the ground floor to provide an entry lobby for the commercial tenants to access the elevator and stairway. Via Lido Interim Study Overlay Planning Commission, July 22, 2010 Page 4 • Convert existing square footage on the ground floor to a new residential lobby to provide access to the elevator and stairway for the residential units. • Improve the interior of the commercial and residential tenant spaces throughout, including the addition of a second set of bathrooms on the commercial floors. • Develop one single - vehicle and two, two - vehicle garages to provide enclosed parking for the residential units. • Construct new vehicular site access, landscaping, and on -site parking. The following scope of work for the adjacent dock areas will be addressed through a Harbor Resources Permit: • Reorient the existing docks adjacent to 3388 Via Lido to provide for a 128 -foot yacht for use by the uppermost residential unit under the proposed project. The following scope of work for the off -site parking lot located at 500 32 1'd Street is as follows: • Demolish the bank teller structure to provide additional off -site parking. • Repave and restripe the off -site parking area. • Remove the trees adjacent to Villa Way to limit damage to the adjacent sidewalk. Background The 3388 Via Lido building was originally designed by Mid - Century Bank architect, W.A. Sarmiento and was constructed in 1960 as an addition to the Newport Balboa Savings Bank building located at 3366 Via Lido to the south. The subject property received two discretionary applications at the time of construction: Variance No. V555 for off -site parking at 500 and 516 32nd Street and Use Permit No. UP544 to allow the construction of a new building (3388 Via Lido), consisting of a 4 -story building with a mechanical room and roof deck above up to a maximum height of 60 feet from ground level. Following the construction of 3388 Via Lido, the property was subdivided in 1974 under Resubdivision No. 433, which separated the two buildings and created two separate parcels. An agreement was recorded in conjunction with this resubdivision, which required the recordation of a 6 -foot wide pedestrian walkway adjacent to the bulkhead at 3366 Via Lido to allow for fire access from 3388 Via Lido. In addition, this resubdivision established a 6 -foot wide public access walkway on 3366 Via Lido from Via Lido to the public boardwalk along Newport Bay. Off -site parking at 500 32nd Street and 51.6 32nd Street were divided between 3388 Via Lido and 3366 Via Lido, respectively. In late 1985, the original off -site parking agreement, which provided 71 required parking spaces to the property at 3366 Via Lido, was terminated by the property owner. Off -site parking at 500 32nd Street has been maintained on an informal basis through lease agreements. Via Lido Interim Study Overlay Planning Commission, July 22, 2010 Page 5 DISCUSSION Analysis General Plan The Land Use Element of the General Plan designates 3388 Via Lido as Mixed -Use Water Related (MU -W2). Permitted uses include, "...those 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 existing business and professional office building is permitted in this land use designation. In addition, the vertical mix of office and residential uses under the proposed project are consistent with this designation. The General Plan establishes a number of goals and policies relating to mixed -use development and development within the Lido Marina Village community. A consistency analysis of the General Plan goals and policies relevant to this project is provided in Appendix A of the Study Plan. The project was found to be consistent with all of these policies: Coastal Land Use The project site is located in the coastal zone. The Local Coastal Program, Coastal Land Use Plan (CLUP) designates this site as Mixed -Use Water Related (MU -W), which 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 and visitor - serving uses, as well as allow for the development of mixed -use structures with residential uses above the ground floor. Freestanding residential uses are prohibited." The existing business and professional office building is permitted in this land use designation. In addition, the proposed mixed -use of the building increases the subject property's consistency with the CLUP land use designation by providing residential uses above the ground floor. Via Lido Interim Study Overlay Planning Commission, July 22, 2010 Page 6 The CLUP contains other policies that are relevant to the project. A consistency analysis of the Coastal Land Use policies relevant to this project is provided in Appendix B of the Study Plan. The project was found to be consistent with all of these policies. For the. subject property, which is located on the waterfront, a coastal development permit is required for any addition that exceeds 10 percent of the square footage or height of 3388 Via Lido. Under the proposed project, the overall square footage is reduced and the portions where square footage is added to provide the required parking for the residential units do not exceed 10 percent of the square footage of the existing 5- story office building. In addition, the proposed project will not increase the maximum height of the structure. As part of Resubdivision No. 433, the property was required to provide pedestrian access along the bay front. This was accommodated by a cantilever structure over the existing seawall projecting into the bay. This was necessary due to the existing 5 -story structure that was built immediately adjacent to the seawall. Coastal Land Use Policy LU 2.1.4 -8 requires development of a public pedestrian promenade along the bay front but it does not specify whether this promenade shall be located on public or private property. Typically, new developments place the pedestrian access within an easement on private property. The Public Works Department has expressed concern that approval of this proposed project would prolong the existing access over the seawall instead of providing access on the site within private property. Planning Staff has determined that the existing boardwalk provided complies with the Coastal Land Use Policy and therefore, no changes are required to the existing boardwalk. Vertical public access to the boardwalk was also established through the approval of Resubdivion No. 433, which required the adjacent property at 3366 Via Lido to provide a 6 -foot wide walkway from Via Lido to the boardwalk along the bay front. While this walkway is no longer accessible, the vertical access will be required to be reestablished in the event that major alterations are proposed to the subject property at 3366 Via Lido. Floor Area Ratio (FAR) Both the General Plan and the CLUP set a development intensity limit of 1.5 floor area to land area ratio (FAR) for mixed -use projects in Lido Village. With the proposed renovation, the total proposed square footage of 19,231 gross square feet for the project site results in an FAR of 1.36. The General Plan /CLOP development intensity limit for the commercial portion of mixed -use projects in Lido Village is 0.7 FAR. With the proposed renovation, the total proposed square footage of 8,957 gross square feet for the commercial portion results in an FAR of 0.63. The General Plan /CLUP development intensity limit for the residential portion of mixed -use projects in Lido Village is 0.8 FAR. With the proposed renovation, the total proposed square footage of 10,274 gross square feet for the residential units results in an FAR of 0.73. The proposed project provides complies with the maximum FAR permitted by the General Plan and the proportional FAR designated for both commercial and residential uses. Via Lido Interim Study Overlay Planning Commission, July 22, 2010 Page 7 Zoning,Code The site is located in the Retail and Service Commercial (RSC) Zoning District, The RSC Zoning District provides areas which are predominantly retail in character but which allow some service office uses. A business and professional office building is a permitted use in the RSC Zoning District, however mixed -use residential is not permitted. In January 2007, the City Council adopted Resolution No. 2007 -003 establishing an interim development review process in addition to Zoning Code Chapter 20.53 that allows for consideration of projects that are consistent with the General Plan but inconsistent with the current Zoning Code. Consistent with the process, a Code Amendment would revise the Districting Map by applying the Interim Study (IS) Overlay District to the current RSC District on the subject property. The RSC -IS District on the subject property would terminate with the adoption of the new Zoning Code. The IS Overlay District requires the preparation of a Study Plan pursuant to Resolution No. 2007 -003 and Zoning Code Chapter 20.53. The Study Plan establishes development regulations for the RSC -IS District. The mixed -use design consisting of office and residential uses under the proposed project will be required to comply with floor area, height, setback, and design standards as specified in the attached Study Plan (Attachment PC 2). Nonconforming Chapter 3388 Via Lido is nonconforming because it does not comply with the Zoning Code development standards including the 26 -foot base height limit, 10 -foot bulk head setback, and required on -site parking. Each of these nonconformities and the proposed changes under the subject application are discussed in detail in the following sections of the report. Due to the nonconforming status of 3388 Via Lido, the proposed development is subject to the limitations of Chapter 20.62 (Nonconforming Structures) of the Zoning Code, which limits the amount of structural alterations and additions permitted:' Significant alteration to several portions of the building is proposed. The existing bank vault located at the ground level will be demolished and rebuilt to provide a new lobby area for the commercial tenant space. Exterior walls along the third and fourth floors will be pushed back to provide a balcony space adjacent to the residential units. Square footage will be added to accommodate the required enclosed parking for the residential units (1,073 square feet). Overall, the total gross square footage of the building is reduced. The alterations do not exceed 25 percent of the structural members of the existing building and the portions of the building where square footage has been added do not exceed 25 percent of the Via Lido Interim Study Overlay Planning Commission, July 22, 2010 Page 8 existing building floor area of the building'. The nonconformity of the building is not increased and the proposed renovations are permitted by right under Chapter 20.62 (Nonconforming Structures) of the Zoning Code. Height The subject property is located in the Shoreline Height Limitation Zone with a base height limit for the subject property of 26 feet and a maximum height limit of 35 feet with the approval of a use permit. Use Permit No. UP544 was approved for the subject property in 1959, which allowed the construction of an office building up to 60 feet in height. A portion of the original building exceeds 60 feet for a mechanical elevator shaft, which reaches a maximum height of 63 feet and 6 inches. The Shoreline Height Limitation Zone, which lowered the height limit to 26 feet, was established in 1972 and rendered 3388 Via Lido nonconforming. The Planning Director has made an interpretation to recognize the 60 -foot height limit established by Use Permit No. UP544 although the structure is nonconforming, in light of the existing building constructed at this height, previous discretionary approvals to the upper floors of the building approved after the establishment of the Shoreline Height Limitation Zone, and the need for restoration of the subject property. The proposed renovations to the building will remain at or below 60 feet as approved under the original use permit. The existing crenulated roofline at the fifth floor will be removed and a patio awning will be constructed up to the 60 -foot maximum permitted under the use permit. The draft Zoning Code allows for mechanical screening equipment, which does not exceed 30 percent of the roof area, to go above the height limit by up to five feet. The proposed renovations will screen the existing mechanical equipment on the roof of the structure up to a maximum height of 63 feet 6 inches. This development standard has been carried over into the Study Plan (Attachment No. PC 2). Setbacks 3388 Via Lido encroaches 10 feet into the required 10 -foot bulk head setback. Under the proposed project this encroachment will remain due to the practical difficulty of relocating the existing 5 -story structure beyond the required setback area. Coastal access across the property is maintained with a boardwalk, which jogs outward just beyond the property line and connects the boardwalk to the adjacent properties along the bay.' The draft Zoning Code requires a 5 -foot setback for the residential portion of mixed -use structures under the MU -W2 Zoning District. The proposed project creates a potential 'The seismic retrofitting required by the Building Department to comply with Chapter 15.07, "Earthquake Hazard Reduction," of the 'Municipal Code and California Government Code Section 8875 is excepted from this calculation per Section 20.62.040.E of the Zoning Code. Via Lido Interim Study Overlay Planning Commission, July 22, 2010 Page 9 nonconformity as a 10 -foot portion of each residential floor encroaches into this 5 -foot setback area. The area of encroachment is used for a closet space for each residential unit. In addition, the proposed residential units do not provide common open space as is currently required under the draft Zoning Code. Under the Interim Study Ordinance, Council Resolution No. 2007 -3, the proposed project may deviate from the existing Zoning regulations that otherwise apply. The ordinance allows deviations only where the changes are justified by compensating benefits of the proposed plan. Overall, the 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. Parking The renovation of the property will remedy the nonconforming parking condition because the change in use will result in a reduced parking demand for the subject property. The parking requirement for the commercial portion of 3388 Via Lido is one space per 250 square feet of net floor area. 3388 Via Lido has a net floor area of 20,143 square feet, which results in a parking demand of 81 parking spaces. The property currently provides 19 parking spaces on -site and 38 parking spaces in the off -site parking lot located at 500 32nd Street. Thus, the existing parking is nonconforming because only 57 of the 81 required parking spaces are currently provided for the subject property. The project proposes a commercial net floor area of 8,032 square feet, which results in a parking requirement of 33 spaces. The parking requirement for the residential portion of the project is two garage spaces per dwelling unit. The project requires four parking spaces for two dwelling units. Therefore, a total of 37 parking spaces are required for the proposed project. Two two - vehicle garages and one single - vehicle garage will be constructed where existing surface parking is located to provide the required enclosed parking spaces for the new residential units. As a result, the on -site surface parking will be reduced from 19 parking spaces to nine parking spaces provided on -site. The parking demand based on the new uses for the subject property will result in a reduction of 48 spaces in required surface parking and an overall surplus of 15 parking spaces (including the additional garages for the residential units) on and off -site. Off -Site Parking Thirty eight parking spaces on the property located at 500 32nd Street are reserved for the exclusive use of commercial tenants at 3388 Via Lido. The off -site parking is owned in common with 3388 Via Lido. Under Resubdivision No. 433, which subdivided 3366 and 3388 Via Lido, the off -site parking lot was also subdivided for parking purposes. The western portion of the lot remains for the exclusive use of tenants at 3388 Via Lido. The off -site parking area is located approximately 725 feet from the project site. Given the distance of the off -site parking lot, Public Works has concerns that users of the Via Lido Interim Study Overlay Planning Commission, July 22, 2010 Page 10 development will utilize adjacent public parking rather than the off -site parking lot. Planning Staff has determined that the off -site parking lot has been used by the subject property at 3388 Via Lido for the last 50 years and that the off -site lot will be primarily for the use of employees of the commercial tenant spaces. The Study Plan shall require employees to use the off -site parking area at 500 32 "d Street and therefore, Planning Staff feels the continued use of the off -site parking area will not pose a parking problem. Due to the new ownership of the building and the revised number of parking spaces provided on the off -site lot, a new off -site parking agreement will be recorded to address these changes. Historical Significance As mentioned previously, the existing office building, known as the Newport Balboa Savings Bank Building, was designed by Mid - Century bank architect W.A. Sarmiento. The 5 -story building at 3388 Via Lido was constructed as an addition to the original bank building, located at 3366 Via Lido. While both structures had elements which lent the buildings to the Mid - Century modern style, the original bank building at 3366 Via Lido was largely considered to be the primary example of the Mid - Century style for its signature entrance canopy, use of building materials, and vibrant colors. A photo of both buildings as originally constructed is included in the attached site photos (Attachment PC 4). As of this year, the building has reached 50 years of age. Under both the State and National Registries, the properties must also retain its historic "integrity ", or enough of their historic character or appearance to be recognizable as a historical resource and to convey the reasons for its significance. Historical integrity is evaluated with regard to the retention of location, workmanship, design, feeling, setting, association, and materials. The building has undergone extensive changes to the exterior of the structure, which has altered the architectural character of Sarmiento's original design. At some point between 1960 and 1975, the roof deck above the fourth floor was enclosed with glass and a fifth floor of square footage was created adjacent to the mechanical room. The exterior louvers along the building elevations have been removed and the building has been repainted with a white exterior. In addition, extensive mechanical equipment has been added to the roof top and several telecommunications antennas have been attached to the side of the building. Due to the extensive changes that have been made to the original structure, the building does not retain the integrity of design, materials and workmanship, the aspects most closely tied to significance of architecture. The Newport Balboa Savings Bank Building is not currently included among the seven properties listed in the Newport Beach Register. It appears that, based on the criteria for designation, the subject property would be eligible for listing in the Newport Beach Register as Class 4- Structure of Historic Interest. Class 4 is identified as a building, structure, object, site, or natural feature that has been altered to the extent that the Via Lido Interim Study Overlay Planning Commission, July 22, 2010 Page 11 historical /architectural integrity has been substantially compromised but is still worthy of recognition. At this time, the property owner has not expressed any desire to prepare an application to list the property in the Newport Beach Register as Class 4. The City of Newport Beach does offer incentives for preservation, and the City Council may consider granting reductions or waivers of applications fees, permit fees, and /or liens placed by the City in exchange for preservation easements for properties listed in the Newport Beach Register. General Plan policy LU86.8.6, Historic Character is pertinent to the proposed project and is addressed in Appendix A to the Study Plan (Attachment No. PC 2). The proposed project was found to be consistent with the policy. Based on the extensive changes that have sacrificed the integrity of Sarmiento's original design and the greater significance of the original bank building located on the adjacent property located at 3366 Via Lido, 3388 Via Lido was not found to hold major historical significance and therefore staff has recommended approval of the proposed project to update the structure. Required Findings A Study Plan is provided pursuant to Resolution No. 2007 -3 and Chapter 20.53 of the Zoning Code (Attachment PC 2). The Study Plan establishes development regulations to create Zoning Code consistency with the General Plan by permitting residential uses on the subject property. Approval of the Code Amendment and Study Plan requires the City Council to make mandatory findings. The required findings and facts in support of the findings are in the attached draft resolution (Attachment PC 1). Summary Staff recommends Planning Commission adopt the draft resolution recommending City Council adoption of Code Amendment No. CA2010 -006 (Attachment PC 1). Alternatives The Planning Commission may approve the draft resolution and recommend City Council approval of the proposed project as requested, approve a revised project, continue the item, or deny the application. Should the Planning Commission choose to approve a revised project, staff will return with a revised resolution incorporating new findings. Via Lido Interim Study Overlay Planning Commission, July 22, 2010 Page 12 Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). 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. 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. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Ma ana N va, Assist nt Planner ATTACHMENTS PC 1 Draft Resolution with Findings PC 2 Study Plan PC 3 Site Photos PC 4 Project Plans Submitted by: WN 100 Wo i""M F:\Users\PLN \Shared\PA's \PAs - 2010\PA2010- 081 \PC 07- 22- 10\CA2010 -006 PC Rpt.docx Tmplt: 11/23/09 Attachment No. PC 1 Draft Resolution with Findings RESOLUTION NO. ## ## A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF CODE AMENDMENT NO. CA2010 -006 AMENDMENT 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. Planning Commission Resolution No. Pace 2 of 6 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. 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. Tmpll: 04/14/10 Planning Commission Resolution No. Page 3 of 6 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. Tmplt: 04/14/10 Planning Commission Resolution No. _ Pace 4 of 6 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 / ..1'f.. . Tmpik 04 /14/10 Planning Commission Resolution No. _ Paae 5 of 6 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 Tmplt: 04/14/10 Planning Commission Resolution No. Pacie 6 of 6 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: NOES: ABSTAIN: ABSENT: BY: Robert Hawkins, Chairman BY: Charles Unsworth, Secretary Tmpll: 04/14110 Attachment No. PC 2 Study Plan Study Plan 3388 Via Lido Newport Beach, CA Project Description and Justification Existing building condition and use Originally constructed in 1961 for use of the Newport Balboa Savings Bank, the property is located adjacent to Newport Bay in Lido Village. The existing building is a nonconforming structure for height, which affords the structure non - obstructed views across Newport Bay and the harbor areas. The existing structure is a total of 21,483 gross square feet on a total site area of 14,128 square feet. Parking for the existing building is currently provided on -site and off -site at a parcel located on 500 32nd street where thirty -eight (38) stalls are located. The existing structure on -site was constructed under Use Permit No. UP544 for the use of The Newport Balboa Savings Banks & Loan. One hundred percent of the existing structure is currently used for commercial office space. The current condition of the building is functionally obsolete mostly in part due to the lack of maintenance and age, Aside from certain floors which have minor cosmetic upgrades (paint, carpet, etc.), the majority of the building is not habitable. Based on the age of the building, certain ADA, Building, and Fire codes are not currently in compliance. Historically, the office space has struggled to compete with more business park type environments, which have higher parking ratios in comparison to that associated with the subject property. The absence of any recent improvements would suggest that the building is in need of a complete renovation, including all new building systems. Proposed Project Marshall Property & Development on behalf of Bayfront Holdings, L.P. ( "Buyer ") proposes to renovate the existing structure at 3388 Via Lido into a mixed -use project that incorporates both residential and commercial uses consistent with the current General Plan. The upper three (3) floors will consist of two residential units while the first and second floors will remain office /retail. Nine (9) on -site parking spaces will be provided for the commercial tenants and one single -car garage and two, two -car parking garages will be constructed on -site. The two, two -car garages will be provided to meet the covered parking requirements in accordance with Chapter 20.66 of the City Newport Beach Zoning Code. The proposed renovation will reduce the square footage of the existing building by 2,240 square feet to 19,243 square feet and will not 3388 Via Lido Interim Study Plan Date Page 2 increase the maximum height of the building which is currently sixty (60') feet. The existing concrete structure will remain intact. The proposed project will improve the physical aesthetics of the site by undergoing a complete renovation. Proposed improvements include a new exterior glazing system, new exterior finishes on the sheer walls, renovating the exposed exterior stair, construction of two new lobbies serving both residential and office uses, and new signage. In addition to the physical improvements listed above, the current HVAC units located throughout the existing rooftop areas of the building will be replaced with a more efficient and smaller unit, which will be screened. On -site parking will be reconfigured, improving site access and drive aisles. The number of on- site uncovered stalls will decrease from nineteen (19) to nine (9) parking spaces, which would reduce the amount of congested traffic. Finally, new landscaping will be planted, making the project more pedestrian friendly and aesthetically appealing. General Plan and Coastal Land Use Plan Consistency The relevant General Plan and Coastal Land Use Plan Goals and Policies are addressed in Appendix A and B to the Study Plan. The proposed project was found to be consistent with all of these goals and policies. Zoning While the current Zoning of the property is Retail Service Commercial (RSC), the draft Zoning Code designates this property as Mixed -Use Water Related (MU -W2). The intent of this project and the study plan is to comply with the proposed draft Zoning Code development standards. Since the adoption of draft Zoning Code development standards to implement the General Plan have not been finalized, the City of Newport Beach has implemented the Interim Study Overlay procedure to allow property owner's to move forward with projects that are consistent with the General Plan land use designation. The permitted uses and development standards established for the subject property are listed below. Permitted Uses All uses as may be adopted by the City Council in accordance with the Mixed -Use Water Related 2 land use designation of the proposed General Plan. 3388 Via Lido Interim Study Plan Date Page 3 Zoning Code Development Standards Lot Dimensions Lot Area: 2,500 sq ft Lot Width: 25 ft Density Maximum: 2,167 sq ft of lot area /unit FAR Mixed -use total FAR: 1.5 Residential FAR: 0.8 Commercial FAR: 0.7 Setbacks Front (adjacent to Via Lido): 4 ft (utilities easement) Sides: 0 ft Rear (adjacent to Newport Bay), commercial: 0 ft Rear (adjacent to Newport Bay), residential: 0 feet Open Space Private Open Space: 5 percent of the gross floor area /dwelling unit Height New Structures: 26 ft Alterations to the Existing 5 -story Structure: Maximum height of 60 ft from ground level per Use Permit No. 544 Fencing Per Section 20.60.030.A (Fences, Hedges, Walls, and Retaining Walls) of the Zoning Code Landscaping Per Chapter 20.36 (Landscaping Standards) of the draft Zoning Code Per Water Efficient Landscape Ordinance, Chapter 14.17 of the Municipal Code Lighting Per Section 20.30.070 (Outdoor Lighting) of the draft Zoning Code 3388 Via Lido Interim Study Plan Date Page 4 Mechanical Equipment Roof mounted mechanical equipment, totaling not more than 30 percent of the total roof area, including required screening devices, shall be allowed to exceed the maximum height limit by up to 5 feet. [Per Section 20.30.050.D.11.a (Mechanical Equipment, nonresidential Districts) of the draft Zoning Code] Outdoor storage /display Per Chapter 20.60.105 (Outdoor Storage and Display) of the Zoning Code Parking Commercial office: 1/250 sq ft of net floor area Medical office: 1/200 sq ft of gross floor area Retail: 1/250 sq ft of gross floor area Eating and Drinking Establishments: by use permit Residential units: 2 enclosed garage spaces per dwelling unit All other uses: per Chapter 20.66 of the Zoning Code Satellite Antennae Signs Per Chapter 20.61 (Amateur Radio and Satellite Dish Antennas) of the Zoning Code Per Chapter 20.67 of the Zoning Code or an approved sign program for the subject property Telecommunications Equipment Per Chapter 15.7 (Wireless Telecommunication Facilities) of the Municipal Code Planning Department Requirements 1. Due to the new ownership of the building and the revised number of parking spaces provided on the off -site lot, a new off -site parking agreement shall be recorded. 2. The vacant bank teller building and overgrown trees that encroach into the public right - of -way on the off -site parking lot located at 500 32nd Street shall be demolished. 3. The off -site parking lot at 500 32nd Street shall be restriped, subject to the approval of the City of Newport Beach Traffic Engineer. 4. A minimum of 38 parking spaces shall be provided on and off -site at 3388 Via Lido and 500 32nd Street. 3388 Via Lido Interim Study Plan Date Page 5 5. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for two new dwelling units in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 6. Prior to the issuance of building permits, in -lieu housing fees shall be paid for two new dwelling units in accordance with Chapter 19.54 of the Newport Beach Municipal Code. 7. The development shall be in substantial conformance with the approved project plans stamped and dated July 16, 2010. (Except as modified by applicable conditions of approval.) 8. 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 Via Lido Interim Study Overlay including, but not limited to, Code Amendment No. CA2010 -006 (PA2010 -081) and the accompanying Study Plan. 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. Building Department Requirements 1. The change of occupancy shall require the building to comply with the current Building Code. Fire Department Requirements 1. Automatic fire sprinklers shall be required throughout the building. The sprinkler system shall be monitored by a UL certified alarm service company. 2. A Wet Class I standpipe combined with the fire sprinkler system are required in both stairwells. 3. The main elevator shall be gurney- accommodating in accordance with Article 30 of the California Building Code (2001 edition). 3388 Via Lido Interim Study Plan Date Page 6 4. A manual fire alarm system shall be required if the occupant load of building exceeds 100 persons above the first floor. 5. A fire hydrant shall be required within 150 feet on the same side of the street as the Fire Department connection for the fire sprinkler system. Public Works Requirements 1. All improvements shall be constructed as required by Ordinance and the Public Works Department, 2. All existing drainage facilities shall be retrofitted to comply with the City's on -site non - storm runoff retention requirements. 3. An encroachment permit is required for all work activities within the public right -of -way. 4. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. 5. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 6. No permanent structures may be constructed within the existing 4 -foot wide utility easement along the Via Lido property frontage. 7. The westerly driveway along Via Lido shall be reconstructed to align with the on -site drive aisles. 8. All on- street parking spaces fronting the project site shall be maintained. 9. The parking and circulation shall be subject to further review by the City Traffic Engineer. The parking layout and vehicular circulation shall comply with City Standard Std - 805 -L -A and STD- 805 -L -B. 10. Trash enclosures shall not impact adjacent parking stalls or drive aisles. 11. No above ground obstructions are permitted within the drive aisles (i.e. bollards, steps, etc.). 3388 Via Lido Interim Study Plan Date Page 7 Attachments. Appendix A General Plan Goal and Policy Consistency Analysis Appendix B Coastal Land Use Program Policy Consistency Analysis Appendix A: 3388 Via Lido Interim Study Overlay: GeneralPlan Consistency Analysis General Plan Goal or Policy Consistency Analysis LU 3.3 "Provide opportunities for improved development and enh The proposed re- development is consistent with land use policy identified in LU3.3. The current state of the building is extremely poor. Due to a lack of maintenance, as well as the age, the building is not suitable for attracting businesses or visitors. Both the exterior and the interior conditions are viewed as an "eye sore" to an otherwise attractive community. Although an advanced architectural design at its conception in 1960, the building fails to meet the current use and design standards that the General Plan has set forth. LU 5.3.1 "Require that mixed -use buildings be designed to convey The proposed re- development is consistent with land use policy identified a high level of architectural and landscape quality and in LU5.3.1 The proposed project will incorporate a much more fluid and ensure compatibility among their uses in consideration of modulated structure with a flat roof line with a mechanical roof screen the following principles: that will seemingly go unnoticed. The architectural design reimages and improves all of the exterior elevations including the ground floor and a Design and incorporation of building materials and parking areas. The renovation will include a new floor to ceiling custom features to avoid conflicts among uses, such as noise, glazing system, which will allow a view to the bay, and a horizontal gapped vibration, fighting, odors, and similar impacts glazing system that will decrease the exposure of the sun allowing more 0 Visual and physical integration of residential and efficient energy use. This system will be applied to the two bottom floors nonresidential uses of the commercial element of the building. The ground floor will consist of 0 Architectural treatment of building elevations and two points of access (residential and commercial) each with their own modulation of their massing elevator. The residential entrance will also act as the access point for the 0 Separate and well - defined entries for residential units private marina. The landscape will be replanted to improve the aesthetic and nonresidential businesses quality of the property and new garage structures will be constructed on- M Design of parking areas and facilities for architectural site for each of the residential units. consistency and integration among uses 0 Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street frontage but integrate landscape into interior courtyards and common open spaces " LU 5.3.3 "Require that properties developed with a mix of The proposed re- development is consistent with land use policy identified residential and nonresidential uses be designed to achieve in LU3.3.3. The proposed project will design the conversion of the upper high levels of architectural quality in accordance with floors for residential use so that parking, landscaping, and pedestrian policies LU 5.1.9 and LU 5.2.1 and planned to ensure circulation work effectively between the commercial and residential uses. compatibility among the uses and provide adequate The proposed project provides separate points of access including a lobby circulation and parking. Residential uses should be and elevator shaft for commercial and residential units. The applicant has Goal LU6.9 "A pedestrian- oriented village environment that reflects The proposed re- development is consistent with land use goal identified in its waterfront location, providing a mix of uses that serves LU6.9. The project improves the functionality of uses on the subject visitors and local residents." property and providing 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. LU 6.9.1 Encourage uses that take advantage of Lido Village's The proposed re- development is consistent with land use policy identified location at the Harbor's turning basin, including" among in LU 6.9.1. The uses will share a common ingress, egress, and parking other uses "mixed -use buildings that integrate residential circulation area on the subject property. Residential uses will be provided with retail uses areas designated as "MU -W2 ", Sub -Area with a two -car parking garage for each dwelling unit and the commercial "A" uses will be provided with several surface parking spaces on -site and additional surface parking off -site at 500 3 n Street. LU6.9.2 "Discourage the development of new office uses on the The proposed re- development is consistent with land use policy identified ground floor of buildings that do not attract customer in LU 6.9.1. The commercial floors at the ground level and second level activity to improve the area's pedestrian character." provide an opportunity for retail or office tenant spaces. Both retail and office uses are permitted within the existing land use and zoning designations for the subject property. The current project proposes office uses because the existing use is office and this use may provide the best opportunity for the property owner to obtain a committed tenant within the new building. However, the applicant is open to opportunities for the incorporation of retail uses on the ground level. "Preserve the historic character of Balboa Peninsula's districts by offering incentives for the preservation of historic buildings and requiring new development to be compatible with the scale, mass, and materials of existing structures, while allowing opportunities for architectural diversity." The proposed re- development is consistent with land use policy identified in LU 6.8.6. Although an advanced architectural design at its conception in 1960, the building has been altered significantly from its original design and the condition of the structure has deteriorated due to a lack of maintenance, as well as age. As a result, the building is no longer suitable for attracting commercial businesses or visitors and much of the building has remained vacant in recent years. Both the exterior and the interior conditions are viewed as an "eye sore" to an otherwise attractive Apppendix B: 3388 Via Lido Interim Study Overlay: Coastal Land Use Consistency Analysis coastal Lana use Tian fjoai or roncy CLUP 2.1.4 -8 "For bay fronting properties, require that development on the Bay frontage implement amenities that assure access for coastal visitors including the development of a public pedestrian promenade along the bay front." There is no direct access on the subject property from the stre side along Via Lido to the waterside along Newport Harbor. T existing 5 -story building currently encroaches into the required foot bulkhead setback up to the property line. Coastal access maintained to the dock area via a boardwalk that runs adjacent the waterside property line and bulkhead. The adjacent propel to the south (3366 Via Lido) is required to provide a 6 -foot wi pedestrian walkway to allow access to the boardwalk area frc Via Lido. Resubdivision No. 433 required the recordation of a 6 -foot wide' pedestrian access easement across the northeast corner of 33661 Via Lido to allow pedestrians to access the public boardwalk area from the interior of the subject property at the southeast corner of the existing building. The proposed project will re- position the adjacent docks in Newport Harbor and provide for a 128 -foot yacht in conjunction with the upper residential unit. The applicant has applied separately through the Harbor Resources Department for approval of this portion of the project. The reconfiguration of the docks will maintain the existing public access to the boardwalk adjoining the docks. CLUP 2.1.5 -1 I CL UP 2.1.5 -2 "For bay fronting properties that are designated as MU -W, 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 categories. In the MU -W designation, freestanding and ground floor residential shall not be permitted in Lido Marina Village, Cannery Village, McFadden Square, and Balboa Island." "Encourage uses that take advantage of Lido Village's location at the Harbor's turning basin and its vitality and pedestrian character, including visitor - serving and retail commercial, small lodging facilities (bed and breakfasts, inns), and mixed - use buildings that integrate residential above the ground floor with retail uses." The new residential uses will be located above the second floor, consistent with the uses specified by Coastal Land Use Policy 2.1.5 1 through 2.1.5 -5. The project proposes general office uses which are permitted under the General Plan land use designation, Local Coastal Program Coastal Land Use Plan, and the current and draft Zoning District designations. The Local Coastal Program describes Lido Marina Village as an area where retail sales have suffered; the area "has experienced a high number of building vacancies and many retail stores are underperforming. Parking is limited. Multiple property ownerships have traditionally inhibited cohesive and integrated development." The Local Coastal Program also accounts for the low retail sales the area, 'The lower percentage of retail spending by visitors Lido - Cannery is due primarily to the presence of two large groce stores that serve West Newport, Lido Isle, and the Balbi Peninsula and constitute over half of the retail sales" 2 -30 he mix of uses proposed under the current application wil rovide opportunities for a new retail base and revitalization o ie Lido Village community. As stated previously, the applicant is pen to the possibility of incorporating retail or office uses intc ie commercial tenant spaces on the lower two floors. CLUP 2.1.5 -3 "Discourage the development of new office uses on the The current project proposes office uses because the existing use ground floor of buildings in Lido Village that do not attract is office and this use may provide the best opportunity for the customer activity to improve the area's pedestrian character." property owner to obtain a committed tenant within the new building. However, the applicant is open to opportunities for the incorporation of retail uses on the ground level. CL UP 2.1.5 -4 In Lido Marina Village (designated as MU -W), marine - related The current project proposes office uses because the existing use uses maybe intermixed with buildings that provide residential is office and this use may provide the best opportunity for the on the upperfloors. Permitted uses include those permitted property owner to obtain a committed tenant within the new by the CM, CV, and MU -V categories. Free - standing building. However, the applicant is open to opportunities for the residential shall not be permitted. incorporation of retail uses on the ground level. Attachment No. PC 3 Site Photos ;f� i�� t � i�'�' '� � . � �: Back of postcard reads: NEWPORT BEACH, CALIFORNIA Overlooking Newport Harbor near the bridge to Lido Isle, the Newport Balboa Savings and Loan building at 3366 Via Lido has gained international recognition for its dramatic bay front setting and outstanding design by Peruvian architect Wenceslaus Sarmiento, of Bank Building Corporation. The building's entrance canopy, with roof shaped to symbolize a sea bird returning to safe haven, offers a gracious welcome to this, one of America's most unique financial institutions. Newport Balboa Savings and Loan offers a wide range of friendly, efficient services, including insured Savings - Save -by -Mail Service - Escrows - Safe Deposit Department - Money Orders - American Express Traveler's Cheques - Government Bond Department - Insurance Agency - Collections - Home Purchase Loans - Construction, and Property Loans. Color photograph by George Elton Watson. PA2010 -081 for %A2010 -081 3388 Via Lido Marshall Properly R Developrnenl Attachment No. PC 4 Project Plans SHEET INDEX TITLE SHEET /INDEX /PROJECT DATA D0.01 EXISTING SURVEYS D0.02 EXISTING BUILDING PHOTOGRAPHY D1.00 PROPOSED SITE PLAN D2.60 ROOF PLAN D3.03 EXISTING EXTERIOR ELEVATION OVERLAY D4.01 AREAAND FAR CALCULATIONS PROJECT DATA: APPLICANT: MARSHALL PROPERTY & DEVELOPMENT 7040 SCHOLARSHIP IRVINE, CA 92612 PHONE: 949 -838 -0011 FAX: 949 -852 -0080 PROPERTY OWNER /SELLER: CONTACT: MATT MONTGOMERY, EXT. 11 WREC LIDO VENTURE LLC C/O VORNADO REALITYTRUST 888 7TH AVE NEW YORK, NY 10019 PHONE: 212- 894 -7990 FAX: 212- 894 -7071 CONTACT: NIKHIL GERA 555 CALIFORNIA ST. SUITE 3330 SAN FRANCISCO, CA 94104 PHONE: 415- 955 -9007 FAX: 415- 955 -9003 ARCHITECT: SHUBIN AND DONALDSON ARCHITECTS 1 N. CALLE CESAR CHAVEZ, SUITE 200 SANTA BARBARA, CA 93103 PHONE: 805- 966 -2802 EXT. 131 FAX: 805- 966 -3002 CONTACT: SIEGLINDE PUKKE, AIA BUILDING DATA: PROJECTADDRESS: 3388 VIA LIDO NEWPORT BEACH CA 92663 -3979 APN: 423 - 123 -09 PARCELC PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 60, PAGE 43 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXISTING LOT SIZE: EXISTING BUILDING: 117_.4- 1111M1 CONSTRUCTION 14,128 SF (1) 5 STORY BUILDING 1961 CONCRETE AND STEEL EXISTING NON CONFORM. HEIGHT: 60' -0" EXISTING ELEVATOR OVERRIDE: 63' -7" PROPOSED HEIGHT: 60' -0" PROPOSED TYPE OF CONSTRUCTION TYPE 2 B CURRENTZONING DISTRICT: RSC RETAIL / SERVICE COMMERCIAL FUTURE ZONING: MU —W2 MIXED USE/ WATER FRONT GENERAL PLAN LAND USE: MU —W2 MIXED USE /WATERFRONT COASTALZONE: YES CURRENT SETBACKS: 10' FROM BULKHEAD — EXISTING NON CONFORMING EXISTING OCCUPANCY: COMMERCIAL /OFFICES EXISTING GROSS FLOOR AREA: 21,483 SF PROPOSED OCCUPANCY: MIXED USE: B, S -2 AND R-3,(2 UNITS) UNIT 1 FOR OWNER'S USE, UNIT -2 FOR RENT PROPOSED: FULLY SPRINKLERED AND WET CLASS I STANDPIPE IN BOTH STAIRWELLS NEW FIRE HYDRANT WITHIN 1 50' ON SAME SIDE OF THE STREET AS FIRE DEPARTMENT CONNECTION FOR FIRE SPRINKLER SYSTEM PROPOSED GROSS AREA: 20,144 SF PROPOSED COMMERCIAL AREA: 1STAND2ND FLOOR = 9,590 SF GROSS PROPOSED RESIDENTIALAREA 3RD, 4TH AND 5TH FLOOR = 9,229 SF GROSS PROPOSED GARAGES:: 1ST FLOOR = 1,325SFGROSS EXTERIOR SIGNAGE: TED — UNDER SEPARATE PERMIT PARKING: EXISTING PARKING ON SITE: 19, INCLUDING 1 VAN ACCESSIBLE SPACE EXISTING PARKING OFF —SITE: 38 aSHUBIN+DONALDSON ARCHITECTS INC. JULY 15, 2010 THE NORTHERLY 77.00 FEET OF LOTS 26,27, 28, 29 AND 30 IN BLOCK 530 OF LANCASTER'S ADDITION TO NEWPORT BEACH, AS PER MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, IN THE OFFICE OFTHE COUNTY RECORDER OF SAID COUNTY. APN: 047 - 031 -19 (PORTION) TOTAL EXISTING: 57 100 SHUBIN +DONALDSON ARCWTECTS INC. PARKING REQUIRED: 4 FOR MAX. OF 2 RESIDENTIAL UNITS 34 FOR COMMERCIAL (E)AND PROPOSED P. OFF SITE 14 (INCLUDING 6 COVERED SPACES AND 1 VAN ACCESSIBLE SPACE) All ideas designs and plans indicated or represented by these draw - (E) AND PROP. OFF SITE PARKING: 38 � e ings are owned and are property of Shubin + Donaldson Inc. and were PROPOSED TOTAL: 52 LOCATION OF OFF —SITE PARKING: 500 - 50832ND STREET created and developed for use in connection with the specified project. NEWPORT BEACH, 92663 REFER TO EASEMENT LEGEND # 15, 16,17 None of such ideas, designs, or plans shall be used for any purpose CURRENT ZONING: SP-6 CANN ERY VILLAGE /MC FADDEN SQUARE SPECI FIC PLAN whatsoever without the written permission of Shubin + Donaldson Inc. GENERAL PLAN LAND USE: MU —H4 MIXED USE HORIZONTAL © Shubin +Donaldson Inc. 4? � RFFp \� �\ \pIw p 7 0 X 9.2 F00 O S e `' N �yQQ OOp An_ d f G W i' O 7 ss x11.2 to X9.4 UIX10.3 X 1 x 4 - -X 11.2 x10.2 +X10 +I + + I+ �.1 1.11 1a1 x 1. \ a W k s.z _- J � II NI I � \ ' \ x19.z N�THIAIG�D o I I I 1D1• 9 x9.61 '�8S�T.,AB__IILI 1- �Y� l X9.8 s '-_ NYxERS ,�j ``",)�� CONC. 0 $ f pEt 1 V 11a 1 _ - -- -- • L- - - - x 98 - 70 0 O CONC.D X9. X X9. X9.9 + + . 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HELD FOR LINE I � / � + 15 / / & ACCEPTED AS C.L. INT. / + 0 x8.9 � t I/ ABAN INK El W /DRIVE -THRU X9.5 + 1- STORY �� X 8.6 X 9. 21 3.x4' CONC. BLOCK 7.6 O \ / - -- - i----- +----- -t� - - - -4 ---- '1-'�"- - - - -4- ------ - - - - -- / 8.6 / � / REfrIF 3 30.3 \ - -- X7.6 �� X6.5 r X7-.9- -.R R.S BK. 200 PG. 37. X6.3 TD AS C.L. INT.O ()D 5.9 (Lc`1 o i �F �l - -- O X10.2 6.7 - -- - -- O X7.4 ► x 7.6 ALLEY X7.9 X 8A / PDF created with pdfFactory trial version www.pdffactory.com PROJECT SITE LOCATION OF OFF SITE PARKING SHUBIN DONALDSON RCHITFf'TS INI' r SHUeIN + DONALDSON INC. INTERIM STUDY OVERLAY APPLICATION EXISTING SURVEY SHEET No. D0.01 #0935 3388 VIA LIDO AERIAL PHOTOGRAPHY ELEVATION FROM NEWPORT BLVD PDF created with pdfFactory trial version www.pdffactory.com 4111 AERIAL PHOTOGRAPHY EXISTING STREET ELEVATION VIA LIDO .a e� EXISTING DECK ON HARBOR SIDE �JJ 1 6 EXISTING STREET ELEVATION n.Nl�ll WIN 4 l SHUBIN DONALDSON RCHITFITS INS' r SHUBIN +DONALDSON INC. INTERIM STUDY OVERLAY APPLICATION EXISTING BUILDING PHOTOGRAPHY SHEET No. D0.02 #0935 3388 VIA LIDO iJ '240 %1 �G �1t41n1 n tiz +T - � e� EXISTING DECK ON HARBOR SIDE �JJ 1 6 EXISTING STREET ELEVATION n.Nl�ll WIN 4 l SHUBIN DONALDSON RCHITFITS INS' r SHUBIN +DONALDSON INC. INTERIM STUDY OVERLAY APPLICATION EXISTING BUILDING PHOTOGRAPHY SHEET No. D0.02 #0935 3388 VIA LIDO EASEMENTS THE BOUNDARY AND EASEMENTS SHOWN HEREON ARE PER FIDELITY NATIONAL TITLE COMPANY COMMITMENT NO. 09- 825125344 -G -DJ, AMENDED, DATED AS OF MARCH 29, 2010. THE ITEMS REFERRED TO BELOW ARE EXCEPTIONS TO COVERAGE AS CITED IN SCHEDULE B, SECTION 2 OF SAID REPORT. ONLY THOSE ITEMS AFFECTING THE SURVEY OF SAID LAND SHALL BE REFERRED TO HEREON. A. PROPERTY TAXES, WHICH ARE A LIEN NOT YET DUE AND PAYABLE, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES TO BE LEVIED FOR THE FISCAL YEAR 2010 -2011. 1. INTENTIONALLY DELETED 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2009 -2010, ASSESSOR'S PARCEL NUMBER 423 - 123 -09. AFFECTS: PARCEL C 3. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2009 -2010, ASSESSOR'S PARCEL NUMBER 047 - 031 -19. AFFECTS: PARCELS D AND E 4. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2009 -2010, ASSESSOR'S PARCEL NUMBER 423 - 112 -3. AFFECTS: PARCEL F 5. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA, NONE CURRENTLY BEING DUE OR PAYABLE. 6. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT DISCLOSED BY THE PUBLIC RECORDS. OEASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS DELINEATED OR AS OFFERED FOR DEDICATION, ON THE TRACT NO. 907. PURPOSE: PUBLIC UTILITIES AFFECTS: THE SOUTHWESTERLY 4 FEET OF PARCEL C. OEASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT; PURPOSE: STORM DRAIN RECORDED: BOOK 1045, PAGE 73, OF OFFICIAL RECORDS AFFECTS: 4 FOOT STRIP LYING WITHIN PARCEL 1 OF PARCEL MAP RECORDED IN BOOK 60, PAGE 43, AS SHOWN ON THE MAP OF TRACT 907 RECORDED IN BOOK 28, PAGES 25 THROUGH 36, INCLUSIVE OF MISCELLANEOUS MAPS. OEASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS GRANTED IN A DOCUMENT. GRANTED TO: SOUTHERN CALIFORNIA GAS COMPANY OF CALIFORNIA PURPOSE: GAS PIPES AND MAINS FOR THE PURPOSE OF CONVEYING GAS FOR HEAT RECORDED: FEBRUARY 20,1948, BOOK 1622, PAGE 120, OF OFFICIAL RECORDS 10. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS GRANTED IN A DOCUMENT. GRANTED TO: CITY OF NEWPORT BEACH PURPOSE: PUBLIC UTILITIES RECORDED: MAY 21, 1951, BOOK 2191, PAGE 208, OF OFFICIAL RECORDS AFFECTS: A PORTION OF SAID LAND 11. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS GRANTED IN A DOCUMENT. GRANTED TO: SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION PURPOSE: UNDERGROUND ELECTRIC SYSTEM, CONSISTING OF CONDUITS, WIRES, CABLES AND A CONCRETE TRANSFORMER VAULT. RECORDED: JULY 25, 1956, INSTRUMENT NO. 104257, BOOK 3598, PAGE 64, OF OFFICIAL RECORDS AFFECTS: A PARCEL OF LAND, 15 FEET BY 40 FEET IN SIZE, LYING WITHIN THAT CERTAIN VACATED VALLEY LOCATED BETWEEN LOTS 4 AND 5 OF TRACT #1117, AS PER MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, SAID PARCEL BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE ABOVE MENTIONED ALLEY, SAID POINT BEING SOUTH 62" 30" WEST 4 FEET FROM THE SOUTHWESTERLY LINE OF SAID LOT 4 AND DISTANT NORTH 27" 30' WEST 49 FEET FROM THE EXTENDED SOUTHWESTERLY LINE OF SAID LOT, THENCE SOUTH 62° 30' WEST 15 FEET, THENCE NORTH 7" 30' WEST 40 FEET, THENCE NORTH 62" 30' EAST 15 FEET, THENCE SOUTH 27" 30' EAST 40 FEET TO THE POINT OF BEGINNING NOTE: A PARTIAL QUITCLAIM OF SAID EASEMENT WAS RECORDED DECEMBER 13,1967 IN BOOK 8465, PAGE 177 OF OFFICIAL RECORDS, AFFECTING A PORTION OF SAID AFFECTS: PARCEL F 12. INTENTIONALLY DELETED. 13. INTENTIONALLY DELETED. 14. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS GRANTED IN A DOCUMENT. GRANTED TO: THE CITY OF NEWPORT BEACH PURPOSE: PEDESTRIAN INGRESS, EGRESS AND INCIDENTAL PURPOSES RECORDED: FEBRUARY 25,1974, BOOK 11081, PAGE 1620, OF OFFICIAL RECORDS AFFECTS: THAT PORTION OF PARCEL C MORE PARTICULARLY DESCRIBED THEREIN. 15. MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED "JOINT USE AGREEMENT" DATED JANUARY 3,1974, EXECUTED BY AND BETWEEN IMPERIAL SAVINGS AND LOAN ASSOCIATION, A CORPORATION AND DONALD M. KOLL, RELATING IN PART TO THE JOINT USE OF PARKING SPACES, UPON THE TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED RECORDED MAY 10,1974, BOOK 11140, PAGE 1368, OF OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS. NOTE 1: THE INTEREST OF DONALD M. KOLL HAS SINCE PASSED TO TRAWEEK INVESTMENT FUND NO. 12 LTD., A CALIFORNIA LIMITED PARTNERSHIP BY AN INSTRUMENT RECORDEDOCTOBER 22,1981, IN BOOK 14264, PAGE 1741, OF OFFICIAL RECORDS. NOTE 2: THE INTEREST OF TRAWEEK INVESTMENT FUND NO, 12, LTD., A CALIFORNIA LIMITED PARTNERSHIP HAS SINCE PASSED TO MARVIN ENGINEERING CO., INC., A CALIFORNIA CORPORATION, PURSUANT TO THE TERMS AND PROVISIONS CONTAINED IN A "GENERAL ASSIGNMENT' RECORDED MAY 23,1990, AS INSTRUMENT NO. 90-277171, OF OFFICIAL RECORDS. MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED "ASSIGNMENT OF PARKING AGREEMENTS, JOINT USE AGREEMENTS AND OFF -SITE PARKING AGREEMENTS" DATED MAY, 2006, EXECUTED BY AND BETWEEN MARVIN ENGINEERING CO., INC., A CALIFORNIA CORPORATION AND WREC LIDO VENTURE LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED MDY2006, INSTRUMENT NO. 2006000362436, OF OFFICIAL RECORDS REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AFFECTS: PARCEL C AND OTHER LAND. 16. INTENTIONALLY DELETED. 17. AN AGREEMENT RELATING TO THE SUPPORT OF THE SOUTH WALL OF THE STRUCTURE IDENTIFIED THEREIN, EXECUTED BY IMPERIAL SAVINGS AND LOAN ASSOCIATION AND DONALD M. KOLL, RECORDED OCTOBER 14, 1974, IN BOOK 11264, PAGE 179, OF OFFICIAL RECORDS. AFFECTS: PARCEL C. 18, AN OFF -SITE PARKING AGREEMENT DATED JULY 29, 1975, RECORDED AUGUST 4, 1975, IN BOOK 11474, PAGE 924, OF OFFICIAL RECORDS, EXECUTED BY AND BETWEEN DONALD M. KOLL AND THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION, PERTAINING TO PARKING RIGHTS, UPON THE TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED. NOTE 1: THE INTEREST OF DONALD M. KOLL HAS SINCE PASSED TO TRAWEEK INVESTMENT FUND NO. 12, LTD., A CALIFORNIA LIMITED PARTNERSHIP BY AN INSTRUMENT RECORDED OCTOBER 22,1981, IN BOOK 14264, PAGE 1760, OF OFFICIAL RECORDS. MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED "ASSIGNMENT OF PARKING AGREEMENTS, JOINT USE AGREEMENTS AND OFF -SITE PARKING GREEMENTS" DATED MAY, 2006, EXECUTED BY AND BETWEEN MARVIN ENGINEERING CO., INC., A CALIFORNIA CORPORATION AND WREC LIDO VENTURE LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED MAY 30, 2006, INSTRUMENT NO. 2006000362436, OF OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AFFECTS: PARCEL C. 19. AN OFF -SITE PARKING AGREEMENT DATED NOVEMBER 24,1975, RECORDED DECEMBER 17,1975, IN BOOK 11597, PAGE 1617, OF OFFICIAL RECORDS, EXECUTED BY DONALD M. KOLL AND THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION, PERTAINING TO PARKING RIGHTS, UPON THE TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED. NOTE 1: THE INTEREST OF DONALD M. KOLL HAS SINCE PASSED TO TRAWEEK INVESTMENTS FUND NO. 12, LTD., A CALIFORNIA LIMITED PARTNERSHIP BY AN INSTRUMENT RECORDED OCTOBER 22, 1981, IN BOOK 14264, PAGE 1752, OF OFFICIAL RECORDS. MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED "ASSIGNMENT OF PARKING AGREEMENTS, JOINT USE AGREEMENTS AND OFF -SITE PARKING AGREEMENTS" DATED MAY, 2006, EXECUTED BY AND BETWEEN MARVIN ENGINEERING CO., INC., A CALIFORNIA CORPORATION AND WREC LIDO VENTURE LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED MAY 30, 2006, INSTRUMENT NO. 2006000362436, OF OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AFFECTS: PARCEL C. 20. MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED "AGREEMENT FOR RECIPROCAL DRIVEWAY EASEMENT" DATED, EXECUTED BY THE FIRST CHURCH OF CHRIST SCIENTIST, LEXTON ANCIRA REAL ESTATE FUND LIMITED, A CALIFORNIA LIMITED PARTNERSHIP EXECUTED BY NO BETWEEN LIDO BUILDING, LTD., A CALIFORNIA LIMITED PARTNERSHIP RECORDED BOOK 13011, PAGE 1804, OF OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AFFECTS: PARCEL F 21. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS GRANTED IN A DOCUMENT. GRANTED TO: PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: PUBLIC UTILITIES RECORDED: APRIL 29,1981, BOOK 14037, PAGE 1144, OF OFFICIAL RECORDS AFFECTS: THE WESTERLY 3 FEET OF THE SOUTHERLY 4 FEET OF LOT 30 IN PARCEL D OF SAID LAND. 22. AN UNRECORDED LEASE WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND PROVISIONS SET FORTH THEREIN AS DISCLOSED BY THE DOCUMENT ENTITLED: MEMORANDUM OF LEASE AGREEMENT LESSOR: MARVIN ENGINEERING CO., INC., A CALIFORNIA CORPORATION LESSEE LOS ANGELES SMSA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP RECORDED: SEPTEMBER 10, 1993, INSTRUMENT NO. 93- 0611831, OF OFFICIAL RECORDS THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. AFFECTS: PARCEL C. 23. INTENTIONALLY DELETED 24. AN UNRECORDED LEASE WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND PROVISIONS SET FORTH THEREIN AS DISCLOSED BY THE DOCUMENT ENTITLED: MEMORANDUM OF LEASE LESSOR LIDO BUILDING, LTD., A CALIFORNIA LIMITED PARTNERSHIP LESSEE COX CALIFORNIA PCs, INC., A DELAWARE CORPORATION RECORDED: FEBRUARY 11, 1997, INSTRUMENT NO. 97- 0064282, OF OFFICIAL RECORDS THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. AFFECTS: PARCEL F 25. INTENTIONALLY DELETED. 26. INTENTIONALLY DELETED. 27. INTENTIONALLY DELETED. 28. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES FOR VALUE OF RECORD THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. ODENOTES PLOTTED EASEMENTS. PDF created with pdfFactory trial version www.pdffactory.com a NEWPORT BAY ILI ■ SHADED AREA DEPICTS EXISTING FOOTPRINT OF BUILDING N) SITE PLANE "°Rr" SCALE: 1116" =1'-0" PROJECT NORTH J� 0 a h�FSl �Q� m 0 W CO 2 -- SITE y7�H� Ay T_, O i A TRUE NORTH PACIFIC OCEAN 33$8 Via Lido Barking Analysis SF. Existing Stalls Ratio EJ1t577AfG 20,143 B O LQ NEWPORT BAY VICINITY MAP NOT TO SCALE On -Site Surface 19 32nd St Lot 38 Total 57 2.5:1,000 SF, Required Stalls Ratio REQUIRED Residential (Two Units) 9,200 4 2 cov %2 uncou Commercial $,957 35 4:1,000 Total 1$,157 40 PROPOSED Covered Parking 5 On -Site Surface 9 32nd St Lot 38 Total � 52 i ILI ■ SHADED AREA DEPICTS EXISTING FOOTPRINT OF BUILDING N) SITE PLANE "°Rr" SCALE: 1116" =1'-0" PROJECT NORTH J� 0 a h�FSl �Q� m 0 W CO 2 -- SITE y7�H� Ay T_, O i A TRUE NORTH PACIFIC OCEAN 33$8 Via Lido Barking Analysis SF. Existing Stalls Ratio EJ1t577AfG 20,143 B O LQ NEWPORT BAY VICINITY MAP NOT TO SCALE On -Site Surface 19 32nd St Lot 38 Total 57 2.5:1,000 SF, Required Stalls Ratio REQUIRED Residential (Two Units) 9,200 4 2 cov %2 uncou Commercial $,957 35 4:1,000 Total 1$,157 40 PROPOSED Covered Parking 5 On -Site Surface 9 32nd St Lot 38 Total � 52 FOR AREA CALCULATIONS REFER TO SHEET D4.01 APPLICANT: MARSHALL PROPERTY &DEVELOPMENT 7040 SCHOLARSHIP IRVINE, CA 92612 PHONE: 949- 838 -0011 FAX: 949 - 852 -0080 PROPERTY OWNERISELLER: CONTACT: MATT MONTGOMERY, EXT. 11 WREC LIDO VENTURE LLC CIO VORNADO REALITY TRUST 888 7TH AVE NEW YORK, NY 10019 PHONE: 212 -894 -7990 FAX: 212 - 894 -7071 CONTACT: NIKHIL GERA 555 CALIFORNIA ST. SUITE 3330 SAN FRANCISCO, CA 94104 PHONE: 415- 955 -9007 FAX: 415- 955 -9003 ARCHITECT: SHUBIN AND DONALDSON ARCHITECTS 1 N. CALLE CESAR CHAVEZ, SUITE 200 SANTA BARBARA, CA 93103 PHONE: 805.966.2802 EXT. 131 FAX: 805 - 966 -3002 CONTACT: SIEGLINDE PUKKE, AIA SHUBI6V DON,4LDSON RCHITFITS INS' � SHUBIN +DONALDSON INC. INTERIM STUDY OVERLAY APPLICATION N) SITE PLAN SHE No. D1.00 #0935 3388 VIA LIDO FOR AREA CALCULATIONS REFER TO SHEET D4.01 APPLICANT: MARSHALL PROPERTY &DEVELOPMENT 7040 SCHOLARSHIP IRVINE, CA 92612 PHONE: 949- 838 -0011 FAX: 949 - 852 -0080 PROPERTY OWNERISELLER: CONTACT: MATT MONTGOMERY, EXT. 11 WREC LIDO VENTURE LLC CIO VORNADO REALITY TRUST 888 7TH AVE NEW YORK, NY 10019 PHONE: 212 -894 -7990 FAX: 212 - 894 -7071 CONTACT: NIKHIL GERA 555 CALIFORNIA ST. SUITE 3330 SAN FRANCISCO, CA 94104 PHONE: 415- 955 -9007 FAX: 415- 955 -9003 ARCHITECT: SHUBIN AND DONALDSON ARCHITECTS 1 N. CALLE CESAR CHAVEZ, SUITE 200 SANTA BARBARA, CA 93103 PHONE: 805.966.2802 EXT. 131 FAX: 805 - 966 -3002 CONTACT: SIEGLINDE PUKKE, AIA SHUBI6V DON,4LDSON RCHITFITS INS' � SHUBIN +DONALDSON INC. INTERIM STUDY OVERLAY APPLICATION N) SITE PLAN SHE No. D1.00 #0935 3388 VIA LIDO ROOF PLAN R °E " °RrH SCALE: 1/8" =1' -0" PDF created with pdfFactory trial version www.pdffactory.com ROOF AREA CALCS MtUrl AKtA = 1,ZZ3.3/ < SU% Ur KUUr AKtA SHUBIN DONALDSON RCHITFITS INS' r SHUBIN +DONALDSON INC. INTERIM STUDY OVERLAY APPLICATION �N� ROOF PLAN HE No. D2.60 #0935 3388 VIA LIDO ATOR OVERRIDE /SCREEN 631. 6" ROOF PLAN 5TH LEVEL 48'- 0" 4TH LEVEL 36'- 0" 3RD LEVEL 2ND LEVEL FINISHED GRADE -0' -012" EXISTING - EAST ELEVATION *:) SCALE: 1/16" =1' -0" %J ELEVATOR OVERRIDE/SCREEN 63' -6 " ROOF PLAN 60' - 0" 5TH LEVEL 48' . 0" 4TH LEVEL 36'- 0" 3RD LEVEL )SED BUILDING 24' -0" BE 2ND LEVEL EMAIN FINISHED GRADE -0'- 01/2" EXISTING - WEST ELEVATION A SCALE: 1/16" =1' -0" `t 5TH LEVEL 48'- 0" _4TH LEVEL 36'- 0" _3RD LEVEL 24'- 0" _2ND LEVEL 12' -0" _GROUND LEVEL 0' -0" FINISHED GRADE 4- 0112" EXISTING - NORTH ELEVATION SCALE: 1/16" =1' -0" 1 EXISTING - SOUTH ELEVATION 7 SCALE: 1/16" =1' -0" L .i SHUBIN DONALDSON ARCHITECTS INC. ® SHUBIN + DONALDSON INC. INTERIM STUDY OVERLAY APPLICATION EXT. ELEVATION OVERLAYS SHED No. D3.03 #0935 3388 VIA LIDO (E) AREA SCHEDULE (NET SQUARE FOOTAGE) AREA AREA CATEGORY (E) AREA SCHEDULE (GROSS SQUARE FOOTAGE) AREA AREA CATEGORY FF -1 4,586 SF COMMERCIAL FF -1 5,329 SF COMMERCIAL FF -2 4,013 SF COMMERCIAL FF -2 4,151 SF COMMERCIAL FF -3 4,013 SF COMMERCIAL FF -3 4,153 SF COMMERCIAL FF -4 4,013 SF COMMERCIAL FF -4 4,141 SF COMMERCIAL FF -5 3,518 SF COMMERCIAL FF -5 3,709 SF COMMERCIAL 20,143 SF TOTAL SF PDF created with pdfFactory trial version www.pdffactory.com 21,483 SF TOTAL SF CALCULATIONS REVISED TO EXCLUDE STAIRS AND ELEVATOR SHAFTS ABOVE THE 1ST FLOOR. E FF 5 SCALE: 1/32" =1' -0" E FF 4 SCALE: 1132" =1' -0" E FF 3 SCALE: 1/32" =1' -0" 0 o J �❑ J IIIIME a E FF 2 SCALE: 1/32" =1' -0" E FF 1 SCALE: 1132" =1' -0" AREA SCHEDULE (NET SQUARE FOOTAGE) Level AREA FAREA - CATEGORY GROUND LEVEL 4,087.65 SF COMMERCIAL 2ND LEVEL 13,944.25 SF ICOMMERCIAL COMMERCIAL: 2 8,031.89 SF Not Placed I Not Placed IGARAGE GROUND LEVEL 11,007.37 SF IGARAGE GARAGE: 2 1,007.37 SF 3RD LEVEL 2,760.74 SF RESIDENTIAL 4TH LEVEL 1,292.43 SF RESIDENTIAL 4TH LEVEL 1,906.26 SF RESIDENTIAL 5TH LEVEL 2,351.19 SF RESIDENTIAL RESIDENTIAL: 4 Grand total: 8 8,310.62 SF 17,349.88 SF 5TH FLOOR NE AREA 2, 51.19 S 5TH LEVEL SCALE: 1/32" =1' -0" 4TH NETAR A - UNIT 2 4TH IET AREA UNIT -1 1,292.13 SF 1,906.26 "F 4TH LEVEL SCALE: 1/32" =1' -0" 3RD FLOOR NET REA 2, 60.74 SF 2ND (FLOOR NET AREA 3,944.25 SF :VEL SCALE: 1/32" =1' -0" 0 I 2ND LEVEL SCALE: 1/32" =1' -0" GROUND LEVEL SCALE: 1/32" =1' -0" AREA SCHEDULE (GROSS BUILDING) LEVEL AREA AREA - CATEGORY GROUND LEVEL 4,791.43 SF COMMERCIAL 2ND LEVEL 4,163.51 SF COMMERCIAL COMMERCIAL: 2 8,954.94 SF GROUND LEVEL 11,087.96 SF IGARAGE GARAGE: 1 1,087.96 SF 3RD LEVEL 2,910.06 SF RESIDENTIAL 4TH LEVEL 1,931.49 SF RESIDENTIAL 4TH LEVEL 1,336.21 SF RESIDENTIAL 5TH LEVEL 3,022.56 SF RESIDENTIAL RESIDENTIAL: 4 9,200.32 SF Grand total: 7 19,243.22 SF CALCULATIONS REVISED TO EXCLUDE STAIRS AND ELEVATOR SHAFTS ABOVE THE 1ST FLOOR. 5TH FLOOR GRO S AREA 3,22.56 Slf 5TH LEVEL SCALE: 1/32" =1' -0" 4TH FLOOR GROSS AR A-2 4T FLOOR PROSS REA -1 1,336.41 SF 1,931.49 SF 4TH LEVEL SCALE: 1/32" =1' -0" 3RD FL OR GRO' S ARE 910.06 SF 2ND FLOOR GROSS AREA 4,163.51 SF I LEVEL SCALE: 1132" =1' -0" i 2 D LEVEL SCALE: 1132" =1' -0" GROUND LEVEL SCALE: 1/32" =1' -0" FAR CALCULATIONS: TOTAL GROSS SF: RESIDENTIAL SF: COMMERCIAL SF: 19,243:14,128 = 1.36 10,288: 14,128 = 0.73 8,955: 14,128 = 0.63 SHUBIN DONALDSON RCHITFITS INS' rJ SHUBIN +DONALDSON INC. INTERIM STUDY OVERLAY APPLICATION AREA PLANS SHEET No. D4.01 #0935 3388 VIA LIDO