HomeMy WebLinkAboutApplicant JustificationPLANNING DEPARTMENT
CITY HALL
3300 NEWPORT BOULEVARD
P. O. BOX 1768
NEWPORT BEACH, CALIFORNIA
92658 -8915
Memorandum
To: Planning Commission
From: David Lepo, Planning Director
Date: January 29, 2010
Re: February 4, 2010 Planning Commission Agenda Item No.3
The attached materials were provided by the applicant after the publication of the
staff report.
1
Modification Permit Justification
328, 332 & 340 Old Newport Boulevard
A. Why is the granting of this application necessary due to practical difficulties associated
with the property and why the strict application of the Zoning code results in physical
hardships inconsistent with the purpose and intent of the Zoning Code?
The property is a split -level site ranging in elevation from 47 feet along Old Newport
Boulevard to 74 feet along the rear alley, a difference of 27 feet, or an average slope of
over ten percent. The three existing buildings on the site take access directly from the
alley and 20 parking spaces are provided off the alley.
The sloping site is only 100 feet deep between Old Newport Boulevard and the rear
alley. The combination of grade differential and narrow site depth significantly limits the
design options for parking. One of the project design objectives is to eliminate access
and parking from the alley to minimize traffic impacts to existing residential uses on the
east side of the alley. For this reason, the two parking levels take access only from Old
Newport Boulevard and have been designed to be as wide as possible to meet code
requirements for stall size and aisle width. The parking garage encroaches into the five
foot alley setback, but only below the existing alley grade. All above -grade portions of
the building comply with the five foot alley setback.
B. How will the requested modification be compatible with existing developments in the
neighborhood?
The properties directly across the alley from the subject property are developed with
three single family homes. As shown in the attached photos, these existing homes
include walls, retaining walls, fences, garages and second story living areas built with no
setback to the alley. The existing alley is 20 feet wide and affords ample width for
maneuvering of vehicles and emergency vehicles. Except for the below grade parking
levels, the proposed medical office building provides a minimum five foot setback from
the alley. The setback area is proposed to be utilized for landscaping to meet site
landscaping requirements and soften the appearance of the building from adjacent
residences. The setback area is also utilized for shafts to provide natural lighting and
ventilation of the parking garage.
C. How and why will the granting of such an application not adversely affect the health or
safety of persons residing or working in the neighborhood of the property and not to be
detrimental to the general welfare or injurious to property or improvements in the
neighborhood?
Approval of the modification permit to allow subsurface encroachment into the five foot
alley setback will allow the parking garage to be designed more efficiently and therefore
eliminate parking off the alley shared with residential uses. Above ground portions of the
building will comply with the setback requirement.
Use Permit Justification
328, 332 & 340 Old Newport Boulevard
A. The increased building height would result in more public visual open space and views
than is required by the basic height limit in any zone. Particular attention shall be given
to the location of the structure on the lot, the percentage of ground cover, and the
treatment of all setback and open areas.
As illustrated on attached interpolated grading exhibit (A -8) and on the sections and
elevations (A -5, A -6 & A -7), the project site is a severely sloping site, ranging in
elevation from a high point of 74 feet in the northeast corner along the rear alley to 47
feet at the southwest corner along Old Newport Boulevard, a difference of 27 feet, or an
average slope of over ten percent. Designing a structure havning level floors within an
irregular height envelope presents some challenges.
Whereas the two semi- subterranean parking levels occupy nearly the entire site area,
the upper two floors contaning the office area have been designed so that nearly all of
the building mass, with the exception of the elevator /stairwell enclosure, fits within the
32 -foot height envelope. Along the rear alley east elevation (A -5), the building is entirely
within the 32 -foot height limit.
As shown on sheet A -3, Office Level 1 occupies approximately 60 percent of the site
area, and on sheet A-4, Office Level 2 has been limited to only 37 percent of the site
area to fit within the height envelope. As the site's natural grade drops to the west
toward Old Newport, the main mass of the structure has been pulled back to provide
large open deck spaces with southwesterly coastal views.
The only portion of the structure that exceeds the 32 foot height limit is the elevator and
stairwell enclosure, which is an architectural element necessary to reach from the lower
parking level to the second story of offices, and which only occupies 593 square feet of
area. It is designed to be a distinctive architectural feature of the building visible from
Old Newport Boulevard and does not block any views from residential properties. The
height of this architectural feature does not increase or decrease the overall site
coverage or square footage of building area or open space area in any way.
The attached exhibit compares the area and volume of the proposed elevator enclosure
which exceeds the height limit (593 square feet; 5,334 cubic feet) to the potential area
and volume of the site which could be, but is not proposed to be, developed within the
32 -foot height limit (6,188 square feet; 102,698 cubic feet). The proposed building has
been pulled back from Old Newport Boulevard to provide additional open visual area.
The volume of the elevator enclosure exceeding the height limit is only five percent of
the available building volume that could otherwise be constructed within the 32 -foot
height limit, but is not being filled.
The elevator and stairwell enclosure could be located to the rear (alley side) of the
structure within the 32 -foot height limit, but then the primary entrance to the building
would be off the alley, which is shared with existing residential uses. The intent of the
proposed project's design is to eliminate traffic along the shared alley and to provide
primary access from Old Newport Boulevard.
B. The increased building height would result in a more desirable architectural treatment of
the building and a stronger and more appealing visual character of the area than is
required by the basic height limit in any zone.
The only portion of the structure that exceeds the 32 -foot height on the sloping site is the
elevator and stairwell enclosure, which is integral to the building's architectural design
and provides a distinctive building entry from the primary site frontage on Old Newport
Boulevard.
C. The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and the existing developments or
public spaces. Particular attention shall be given to the total bulk of the structure
including both horizontal and vertical dimensions.
The mass of the building has been designed to step down with the former natural grade
of the property. The parking garage has been recessed into the site and the bulk of the
structure has been pulled back from Old Newport to provide large open deck areas and
coastal views. The height of the building along the rear alley is entirely within the 32 -foot
height limit and is set back from the alley.
D. The structure shall have no more floor area than could have been achieved without the
use permit.
The additional height requested for the elevator and stairwell enclosure does not
increase the allowable floor area or site coverage, nor reduce open space. The elevator
tower is designed as a distinctive architectural element along the primary building
exposure to Old Newport Boulevard.
WBSA 4850 BARRTE 2 03 PARKWAY OLD NEWPORT DR. SHAOULIAN STUDIES
W O O D SUITE 2
BURGHARD IRVINE CA. 92604 ROOF PLAN OVER INTERPOLATED GRADING A_8
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