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HomeMy WebLinkAboutZA2013-022 Approved 3425 and 3433 Via Lido ModRESOLUTION NO. ZA2013 -022 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2013 -005 ALLOWING A HEIGHT INCREASE ASSOCIATED WITH TWO ARCHITECTURAL TOWER ELEMENTS LOCATED AT 3425 AND 3433 VIA LIDO (PA2013 -053) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Sean Unsell, Perkowitz + Ruth Architects, with respect to property located at 3425 and 3433 Via Lido, and legally described as Parcel 1, as shown on a Map filed in Book 85, pages 1 and 2 of Parcel Maps, in the Office of the Orange County Recorder, requesting approval of a modification permit. 2. The applicant proposes to construct two architectural tower elements that exceed the base height limit of 31 feet for sloped roofs by an additional 3 feet. 3. The subject property is located within the General Commercial (CG) Zoning District and the General Plan Land Use Element category is Commercial General (CG). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG -B). 5. A public hearing was held on April 25, 2013, in the Corona del Mar Conference Room (Bay E -1st Floor), 100 Civic Center Drive, 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 Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. Class 1 authorizes the minor alteration of existing structures involving negligible or no expansion of use. The proposed towers are solely architectural design elements that do not increase the structure's overall floor area and only increase the overall height of the structure by 6.6 percent. SECTION 3. REQUIRED FINDINGS. Section 20.30.060.D.2 of the Newport Beach Municipal Code permits architectural features with a height greater than that allowed for a sloped roof (31 feet) subject to the approval of a modification permit. In this case, the applicant is proposing two architectural tower features at a height of 34 feet. In accordance with Section 20.52.050 of the Newport Beach Municipal Code, the following findings and facts in support of such findings for a modification permit are set forth: Zoning Administrator Resolution No. ZA2013 -022 Paae 2 of 5 Finding: A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: A -1. The subject property is designated Commercial General by the Land Use Element of the General Plan, which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The structure on which the towers are proposed is the anchor retail building within a 4.8 -acre shopping center. The proposed architectural features are a compatible addition to an existing commercial center. A -2. The proposed tower elements measure 34 feet in height. This is approximately 2 feet 3 inches higher than the height of the existing building. Within the context of a 4.8 -acre site, the tower features are minor projections. A -3. The tower facing Newport Boulevard is setback approximately 227 feet from the Newport Boulevard right -of -way. The tower facing Via Oporto is setback approximately 139 feet from the Via Oporto right -of -way and 131 feet from the Via Lido right -of -way. Given these distances, the increase in height is negligible and will not result in heights that are out of scale with surrounding development. A -4. The proposed height of the tower elements is compatible with the height of existing development in the neighborhood, including the historic Lido Theater located at 3459 Via Lido that measures approximately 33 feet in height to the top of the main building and approximately 43 feet to the top of the tower element. Finding: B. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and /or structure, and /or characteristics of the use. Facts in Support of Finding: B -1. The existing building was constructed as a supermarket in 1948 at the current height of 31 feet 9 inches, prior to the establishment of the 26 -foot base height limitation for flat roofs and 31 -foot base height limitation for sloped roofs. B -2. Any addition of an architectural tower feature that complements the scale of the taller existing building necessitates exceeding the allowed height limit for architectural features. Finding: C. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. 03 -15 -2013 Zoning Administrator Resolution No. ZA2013 -022 Paae 3 of 5 Facts in Support of Finding: C -1. The Zoning Code is the primary tool used by the City to carry out the goals, objectives, and policies of the General Plan. Section 20.16.020 of the Zoning Code also requires compliance with other adopted criteria, guidelines, and policies adopted by the City related to the use and development of land. In this case, the Lido Village Design Guidelines are applicable. Both the General Plan and Lido Village Design Guidelines includes design principles that encourage the modulation of building masses, elevations, and rooflines to promote visual interest. C -2. General Plan Land Use Element Policy LU 5.2.1 (Architecture and Site Design) requires that new development within existing commercial districts, centers and corridors complement existing uses and exhibit high quality architectural and site design in consideration of a number of design principles. One principle in particular requires modulation of building masses, elevations, and rooflines to promote visual interest. The intent of the architectural tower elements is to establish an identifying feature for the anchor retail building visible from Newport Boulevard and Via Lido and to identify the two entries. C -3. The Lido Village Design Guidelines specifically states that towers and other vertical /prominent building features may be used to accentuate key elements such as building entries and that building massing should consist of a mix of heights to add visual interest. The proposed tower elements implement these design guidelines. C -4. Strict application of the base height limits would eliminate the ability to provide this enhanced architectural treatment encouraged by both the General Plan and Lido Village Design Guidelines. Finding: D. There are no alternatives to the modification permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Facts in Support of Finding: D -1. Tower heights designed to comply with the 31 -foot base height limit for sloped roofs would remain below the height of the existing building and would not result in the enhanced architectural treatment, variation in building heights, or a clear identification of the building entries as encouraged by the General Plan and Lido Village Design Guidelines. D -2. The proposed tower elements measure 34 feet in height, exceeding the base height limit by only 3 additional feet. Towers features designed at this height would not have any more impacts to surrounding neighborhood or general public than 31- foot -high tower elements. 03 -15 -2013 Zoning Administrator Resolution No. ZA2013 -022 Paae 4 of 5 Finding: E. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding: E -1. The tower elements do not add floor area, but rather are of an open nature on the ground level and provide a protected entry canopy for the business. E -2. The tower elements are designed with sloping roofs and incorporate backlit frosted glass to visually reduce the massing of the tower and enhance the aesthetics. E -3. Given the location of the property, the tower features will not block any private or public views. E -4. The tower features are solely architectural features that are minor in nature, similar to the tower of the historic Lido Theater, which has not proven detrimental to the visual quality of the area. E -5. A condition of approval has been included to limit the illumination of the tower to soft accent lighting at night so as not to become a visual nuisance and to control potential light and glare impacts. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2013 -005, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 25th DAY OF APRIL, 2013. P, Zoning Administrator 03 -15 -2013 Zoning Administrator Resolution No. ZA2013 -022 Page 5 of 5 ON:I I -311 dv-lm CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, roof plan, details, and elevations, except as noted in the following conditions. 2. The two tower elements shall not exceed a maximum height of 34 feet. 3. A building permit shall be obtained prior to commencement of the construction of and in accordance with the applicable Building Codes. 4. A copy of the resolution, including conditions of approval Exhibit "A," shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 5. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior onsite lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. 6. The site shall not be excessively illuminated based on the outdoor lighting standards contained within Section 20.30.070 of the Zoning Code, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 7. The proposed illumination of the tower elements shall consist of soft accent lighting so as not to become a visual disturbance or result in excess light or glare. 8. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of all lighting sources. 9. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 10. 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 West Marine Towers including, but not limited to Modification Permit No. MD2013 -005 (PA2013 -053) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.