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HomeMy WebLinkAbout04 - Via Lido Interim Study Overlay - 3388 Via Lido (PA2010-081)CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 September 14, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Makana Nova, Assistant Planner (949) 644 -3249, mnova @newportbeachca.gov SUBJECT: Via Lido Interim Study Overlay, 3388 Via Lido Code Amendment No. CA2010 -006 (PA2010 -081) ISSUE Adoption of Code Amendment No. CA2010 -006 and study plan to apply the Interim Study (IS) Overlay zoning designation to the subject property. The study plan would 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 Conduct second reading and adopt Ordinance No. 2010 -15 relating to Code Amendment No. CA2010 -006 and the associated Study Plan. DISCUSSION Ordinance No. 2010 -15 was considered and introduced at the August 10, 2010 meeting. If it is the Council's desire, it will be appropriate to adopt the ordinance at the September 14, 2010, Council meeting. Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Prepared by: 16� Makana N va Assistant Planner Submitted by: &W 'idmes Camp II Acting Planning Director Agenda Item No. 4 September 14, 2010 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 19 August 10, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Makana Nova, Assistant Planner (949) 644 -3249, mnova @newportbeachca.gov SUBJECT: Via Lido Interim Study Overlay (PA2010 -081) 3388 Via Lido • Code Amendment No. CA2010 -006 • Study Plan ISSUE: The applicant (Marshall Property & Development) requests approval of a 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) Introduce Ordinance No. 2010- (Attachment No. CC 1) approving Code Amendment No. CA2010 -006 with the associated Study Plan and pass to second reading for adoption on September 14, 2010 DISCUSSION: Introduction: 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 study plan is Via Lido Interim Study Overlay August 10, 2010 Page 2 required that establishes all development regulations for the subject property and provides for implementation of General Plan policies. The applicant requests approval of a code amendment to apply the IS Overlay to the subject property at 3388 Via Lido and approval of a study plan (Exhibit "A" of the City Council Ordinance, Attachment No. CC 1) to allow mixed uses consistent with the MU- W2 (Mixed -Use Water Related) land use designation, but not permitted under the existing Retail and Service Commercial (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. Refer to Exhibit "B" of the City Council Ordinance (Attachment No. CC 1) for the Districting Map No. 4 Exhibit showing the proposed Zoning District overlay designation. Refer to Attachment No. CC 2 for the project plans. Analysis: The new RSC -IS Zoning District would allow the proposed Study Plan to establish development standards for the subject property. The proposed Study Plan includes regulations for permitted uses, lot dimensions, setbacks, floor area ratio, height, fencing, landscaping, lighting, parking, and signs. The IS Overlay on the subject property will terminate with the adoption of the comprehensive Zoning Code update. The update is currently in process and when complete will supersede the current Zoning Code and a new base zoning district will be placed on the property. Planning Commission Action: On July 22, 2010, the Planning Commission unanimously voted (7 ayes) to recommend approval of the proposed project to the City Council. (Refer to Attachment No. CC 3 and CC 4 for the Planning Commission minutes and staff report) The Planning Commission approved several changes to the requirements in the Study Plan, including a provision for permeable paving materials within the parking areas, incorporation of a Fair Share Fee credit for the reduction of commercial square footage, and a requirement that the off -site parking agreement shall be recorded to the satisfaction of the Office of the City Attorney. These changes have been incorporated into the proposed Study Plan. Following the Planning Commission action, staff realized that a in -lieu affordable housing fee should only required if the applicant subdivides the tenant spaces and /or residential units for condominium purposes. This recommended change has also been incorporated into the proposed Study Plan. Via Lido Interim Study Overlay August 10, 2010 Page 3 Alternatives: The City Council may modify or deny the proposed project. 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 ten 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. FUNDING AVAILABILITY: The administrative cost to process the application will be recovered by a fee paid by the applicant. Prepared by: Makaria Nova, Assistant Planner Submitted by: I —, Z74: 5 -z' ®® David L po, Planning Director Via Lido Interim Study Overlay August 10, 2010 Page 4 Attachments: CC 1 — City Council Ordinance CC 2 — Project Plans CC 3 — Draft Planning Commission Minutes CC 4 — Planning Commission Staff Report Attachment No. CC 1 City Council Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. CA2010 -006 TO REVISE DISTRICTING MAP NO. 4 TO APPLY THE INTERIM STUDY (IS) OVERLAY DISTRICT TO PROPERTY AT 3388 VIA LIDO AND APPROVING A STUDY PLAN TO ALLOW A MIXED -USE PROJECT (PA 2008 -081) WHEREAS, 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; and WHEREAS, application consists of a 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; and WHEREAS, the subject property is designated Mixed -Use Water Related 2 (MU- W2) by the Land Use Element of the General Plan, which allows the vertical mix of office and residential uses proposed by the project; and WHEREAS, the zoning classification of subject property Retail and Service Commercial, which does not permit mixed -use residential; and WHEREAS, as part of the General Plan Implementation Program, the City Council adopted Resolution No. 2007 -3, which 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; and WHEREAS, on July 22, 2010, the Planning Commission conducted a public hearing 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; and WHEREAS, at the July 22, 2010, public hearing, the Planning Commission received public comments and unanimously (7 ayes) recommended approval of the proposed Code Amendment; and WHEREAS, the project is categorically exempt from CEQA under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 ( Existing Facilities) in that it can be seen with certainty that the project will not have a significant effect on the environment. 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; and WHEREAS, the City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger; and WHEREAS, the City Council conducted a public hearing on August 10, 2010, in the City Hall Councils Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting; and WHEREAS, the Study plan provided establishes development regulations to create Zoning Code consistency with the General Plan an d is consistent with the provisions of Resolution No. 2007 -003 and Chapter 20.53 of the Newport Beach Municipal Code. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Districting Map No. 4 shall be amended as provided in Exhibit a, which is incorporated by reference herein. SECTION 2: The Study Plan is approved as provided in Exhibit A, which is incorporated by reference herein. SECTION 3: This action shall become null and void dissolving the RSC -IS District for the subject property upon the adoption of the comprehensive Zoning Code update. SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 6: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 10th day of August 2010, and adopted on the 14th day of September 2010, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: David R. Hunt, City Attorney For the City of Newport Beach Exhibit "A" CODE AMENDMENT NO. CA2010 -006 STUDY PLAN FOR 3388 VIA LIDO EXHIBIT - A Study Plan 3388 Via Lido Newport Beach, CA Proiect 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 32 "d 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 r 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 Per Chapter 20.61 (Amateur Radio and Satellite Dish Antennas) of the Zoning Code Signs 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 Reauirements 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, proved as to form the City Attorney's Office, shall be recorded prior to the issuance of final building permits. 2. The vacant bank teller building shall be demolished and overgrown trees that encroach into;the public right -of -way on the off -site parking lot located at 500 32nd Street shall be removed. 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. 3388 Via Lido Interim Study Plan Date - Page 5 4. A minimum of 38 parking spaces shall be provided on and off -site at 3388 Via Lido and .50032 nd Street. 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. The applicant shall be credited for the reduction in commercial square footage and the remaining balance shall be charged or credited to the applicant. 6. In the event a parcel map or tract map is filed for purposes of providing condominium units on the subject property, in -lieu housing fees shall be paid for two new dwelling units prior to the issuance of a description change building permit 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. The applicant shall provide permeable hardscape and softscape materials in the parking areas at the front of the building along Via Lido. 9. 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 zh 1. The change of occupancy shall require the building to comply with the current Building Code. 3388 Via Lido Interim Study Plan Date Page 6 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). 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. :uric a., 3388 Via Lido Interim Study Plan Date Page 7 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.). Attachments Appendix A General Plan Goal and Policy Consistency Analysis Appendix B Coastal Land Use Program Policy Consistency Analysis Exhibit "B" CODE AMENDMENT NO. CA2010 -006 DISTRICTING MAP NO. 4 EXHIBIT - B h i Y r (MANMIG W J m _ Fro TF- �r Z >,P Y7, RSC FISC K- R-t R -I 1r1 1-5 p .. 5 21d -A SPAS Shy 'b " r b swr °•r w fLE MA' AA3. t qr \� < 'IEW p H t u D to �\ <11 hq RSL c\ O rT \tea \ <�'M 8 . IS(4) \\Y C \ _p P REV. November 7, 2005 REV. May 17,2005 \ X s!! MAO Ara. a REV. July 2], 2004 ON". N°, 6)Y rRQ W'1950 SCALE OF FEET das oq yb. </� \ S!B M.fI fKl 6 DISTRICTING MAP NEWPORT BEACH — CALIFORI 9r o V u6 �T c le 0 R.r 'Pr a 9 ti ` -a F �y 9r J4? o ,w ego, ♦ pp �'0 2 a 4 h .aT Ne,e.ro roaw •s b a enlvirro = 'Xa DED.sel.I "I Laii!n'a a� .VT1DS r! tv CIDM` �S• -.r :i evq rypYE�t lx ip CnX' Y,GN tl(e FlR lr ap, xe -I'e b'lwci 911`YV.. N. +M1iwc nxt aw .,.I 1-T x�ax 1 .- w.l 6 -f -iG s�.n ae www..Amse.w...>„, o�- x,r :,e.<.x. •... r - - -n n:3m C ORD 41 -45 Re!-mc sm.W�c ppud"R DES Ta RS ETC . 1.4,1. ar- RES. Nv. 13-11 "keFT NGMY CNMIGE NOPTN NEWPORT 61VO, M T. OIO NEW9.9T 81y D. Im -SS -y3 0911 . 95 -14 RE 011E ST JAME5 CXVRCN PROPERTY FROM RSC -H ro GEIF 6 -7 -0.5 Ord, No. 99 -09- Radossifientinxafapmpery lamted in the 33W blackaf Via Odo fram the Retvil,bervice and Cammuell(R5C) t¢ the Mulfi- Family Revidentml District.- 4/2)/1999 Ord, No. 2003 -ti- Changmgthe Zanm9desig-`e of prapvyidentified as 3450 Vi¢Opvri¢from 6¢vemmentol, Educmionvl, and lm1RU11¢ml Pociliiie(GETF)ta Ret¢iland seevice Cammer—I(RSC) -11125n003 - ORO. 2000 -22 Balboa Sign Overby - All signs In coinnwaclal dlsfrla, on the Balboa Peninsula shall be subject to the regulafiwu centalned in the Balboa sign Orerlay - 11 - 14 - 2000 ORD. 2005 -17 Adopt a new Chepter 20.57 pertainhg to regulatien of signs an citywide basin This ordinance r.mw„ the. Balboa Sign Overlay (ORD, 20()U-22) fr. this Districting Map. 9 -27-2005 MAP NO.® Attachment No. CC 2 Project Plans ,ii N +DONALDSON ARCHITECTS INC. 3388 VIA LIDO INTERIM STUDY OVERLAY JULY 15, 2010 91i SHUBIN DONALDSON r),I All loan design, and plans indica ed or represented by these dray ings are owned and are propeM oMuhn+ Donaldson Inc. and xere Ncreated and developed for use in connection wilt are specified projoi one olauch Ideas, designs, or plans shall be used he any purpose oolummever without are wnnen permission of Shoran +Donaldson Inc 0 Shuhin +Donaldson Inc. PROJECT SITE rme.,.ma wn wawory �w..xe. xce��m OF OFF SITE BIN BONALOSON I INTERIM SNDY OVEfUAYAPPIJCATION SUNG SURVEY SREETNO. DO.01 #09353388VV11JDO :;io r - s mns SITE VICINITY MAP 4D SHUSIN DONALDSON IMMMSMOYOVERLAYAPFUCATION (N) SITE PLAN SHErNO.DI.00 #09353388VEAUDO ROOF ARFA CALCS — _ — _ — - _ - -- Ok..n M aid. .o...... ii �+ SHURIN DO.ALDSON , , vm. IMERMSMDYOVERLAYAFRLI ;Ai (N) ROOF PLAN SHEEP NO. D2.60 x109353388 VIAUD0 10 ....1.m ws .-1.wamxa�nbem - - - _ ------------ ---- - - -- - - - -� - -- EXISTING - EAST ELEVATION 3 a.e Nr..P - - - - - -- -------- _ -a..J. EXISTING- WEST ELEVATION 4 EXISTING- NORTH ELEVATION 1 EXISTING- SOUTH ELEVATION 2 �1 SHUBIN DONALDSON ,.: IIi P.f �- INWAM SIUDYOVE "YAPPUCATION EU. ELEVATION OVERLAYS SHEETNO.D3.03 N09353388NAUD0 IE�NIggSWXEOYIEAE *sWWq.G y �SSEF FppS MNMWyl IA1f EF NW¢�11 lib )S1f9F CCYUg6LL (q WuR�xaFLIENAGO' ).vucG)u'rvrcpeEl IIS� I. FJ 1 G"Y.. S, SPBS fpN.L fE1 FF 3 �� 9a'Aa49 n� #e J.q"I— rr`P.�' ,nu�eeh -.iw!! fE) FF 1 �H�MWaqSCUAR Eaa�- GprEGCar 65K MEPfALL W359F MMERCVLL ML.t 49N.M9F Net WmF GMgGE GPOYXGLLYE1 0.w w E >9F PESDEXiw 9F ESIOEXiIFI flESDEMR4 PE81pEXMl flESDEXR4 ENiW PESDEXR4 PE81pEXMl GnMhM1l9 BipAw EF Illy E. C_ IFI Lg,G �SAVFPUiEGG0.V L CMIMFAGML 1w51 3F ML.t 49N.M9F GMgGE 2mog59F PESDEXiw flESDEMR4 flESDEXR4 PESDEXR4 Gmn[Iwl.i 19.xaelx F 4TH LEVEL 3R LEVELwpv arp 3R LEVEL I I I .._ 2 D LEVEL .... -..- 2 D LEVEL GROUND LEVEL GROUND LEVEL FM4awNM`E Illu_SSA.1S ccu MEAC WL 9F. l %.II IL) • OA SNIT BIN DONALDSON if:; INIMM SNDYOVERIAYX%CA' ION AREA PLANS SREETNO.D4.01 #09353388VIA LIDO 4TH LpVEp Attachment No. CC 3 Draft Planning Commission Minutes NEWPORT BEACH PLANNING COMMISSION MINUTES Airport Business Area Integrated Conceptual Development Plan (PA2008 -063 and PA2007 -170) 4343 Von Karman Avenue, 4311 and 4321 Jamboree Road The proposed Airport Business Area Integrated C ceptual Development Plan is intended to implement General Pla Land Use Policy LU 6.15.11 (Conceptual Development Plan ea), which requires a single conceptual development plan for th portion of the Airport Area that is generally bounded /ps Blvd, Jamboree Road and Birch Street, prior to residenent in the area. The proposed General Plan Amendmehange in policy language allowing new neighborhoovided for infill residential development in the Concep ment Plan Area with one public street frontage with publi Gerald Gilbert, contract planner, gave a presen ion. Public comment was opened. Comments were given by the Carol McDermott, Government lutions, re presenting' The Koll Company Geoff LePlastrier, representin onexant Systems, Inc. Tom Miller, legal counsel fo onexant Systems, Inc. John Adams, President o ourthouse Plaza Association Ryan M. Easter, Law O ces Palmieri, Tyler, Wiener, Wilhelm, & Waldron LLP Public comment Motion made /y Commissioner Toerge, seconded by Commissioner Hawkins, after clebat9ifto continue'item to a date uncertain, and: request the applicant to provide conceptual plan that better, integrates the two properties, and provide , park sites that conform with minimum acreage and street frontage with the 07/22/2010 ITEM NO. 2 (PA2008 -063 and PA2007- 170) Continued date uncertain Ayes: Unsworth, Hawkins, McDaniel, Toerge, and Hillgren Noes: Eaton and ,,Pbotter xx+ SUBJECT: Via Lidolnterim Study (PA22010 -081) ITEM NO. 3 3388 Via Lido (PA2010 -081) 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. Makana Nova. Assistant Planner. aave a Approved Page 3 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 07/22/2010 Matt Montgomery, representing applicant, and Robin Donaldson, architect, gave a presentation. Public comment was opened. No comments. Public comment was closed. Motion made by Commissioner Toerge, seconded by Commissioner Peotter, to adopt a resolution, after debate, as follows: recommending; City Council adoption of Code Amendment No. CA2010 -006 with the following additions to the Study Plan requirements: • Insure there is a credit for the Fair Share Traffic: Fee associated with the elimination of the commercial square footage. • Require some type of permeable hardscape and softscape in the parking areas at the front of the building along Via Lido. • Require an off -site parking agreement, proved as to form by the-City Attorneys Office, be recorded. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Peotter,Toerge, and Hillgren Noes: None SUBJECT: Newport Commerce Plaza (PA2010 -007) ITEM NO. 4 1800 Quail Street (PA2010 -007) The application is for an, amendment to the Newport PI Planned Approved Community Development Plan ta`change the land us signation in Industrial Site No. 4 from "industrial' to "office" an change the on- site parking requirement ratio. Russell'Bunim, Assistant Planner, gave a brief ov ew of the staff report. James Camp and Scoff 'Murray, repres ng applicant, were present for comments. Pat Allen, architect, provide ditional information. Public comment was opened. No comments. Public comment w closed. Motion ma y Commissioner Peotter, seconded by Commissioner Toerge, to adopt a olution, after debate, as follows: recommending City Council adoption of PI ed Community Development Plan Amendment No. PD2010 -02 to change t and use designation of Industrial Site No. 4 from "industrial' to "office" and to an a the on -site parking requirement ratio. Page 4 of 6 Attachment No. CC 4 Planning Commission Staff Report CITY 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 Via Lido interim Study Overlay Planning Commission, July 22, 2010 Page 3 INTRODUCTION Proiect Setting 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 32nd 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. V565 for off -site parking at 500 and 516 32m 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 32 "d 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 1136. The General Plan /CLUP 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 Generaf Plan and the proportional FAR designated for both commercial and residential uses. Zoning Code Via Lido Interim Study Overlay Planning Commission, July 22, 2010 Page 7 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 rooffine 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 1 The seismic retrofitting required by the Building Department to comply a$h 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 Resubdivislon 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 1\10a, Assist nt Planner ATTACHMENTS Submitted by: r 5 A4541 lnld w PC 1 Draft Resolution with Findings PC 2 Study Plan PC 3 Site Photos PC 4 Project Plans 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. 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 (;f-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: 04114110 Planning Commission Resolution No. _ Pape 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: Finding: 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. _ Page 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 53.3; 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: B -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 .''L. Tmpll: 44/14110 / Planning Commission Resolution No. _ Page 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 Tmp1E: 04/14/10 Planning Commission Resolution No. _ Paae 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: M Robert Hawkins, Chairman Charles Unsworth, Secretary Tmpll: 04/14/10 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. Zonine 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 Use 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 Denartment 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 320d 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 50032 nd 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. S. 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 Apppendix B: 3388 Via Lido Interim Study Overlay: Coastal Land Use Consistency Analysis Coastal Land use Plan Goal or Policy CLUP 2.1.4 -8 For bay fronting properties, require that development on the Boyfrontoge 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. Ti 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 proper to the south (3366 Via Lido) is required to provide a 6 -foot wii pedestrian walkway to allow access to the boardwalk area fro Via Lido. Resubdivision No. 433 required the recordation of a 6 -foot wide pedestrian access easement across the northeast corner of 3366 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. 2.1.5 -1 allP 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 tillage, 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 2.1.51 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. Local Coastal Program describes Lido Marina Village as where retail sales have suffered; the area "has experienced number of building vacancies and many retail stores ai rperforming. Parking is limited. Multiple property ownershil traditionally inhibited cohesive and integrate 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 Balb Peninsula and constitute over half of the retail sales." 2 -30 he mix of uses proposed under the current application w rovide opportunities for a new retail base and revitalization ie Lido Village community. As stated previously, the applicant pen to the possibility of incorporating retail or office uses in 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. CLUP 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 upper floors. 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. Appendix A- 3388 Via Lido Interim Study Overlay: GeneralPlan Consistency Analysis General Plan Goal or Policy Cnncicten" Analvcic 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 © 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, lighting, odors, and similar impacts glazing system that will decrease the exposure of the sun allowing more © 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 D 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 ©Separate and well - defined entriesfor 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- o Design of parking areas and facilities for architectural site for each of the residential units. consistency and integration among uses Q 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 uses will be provided with several surface parking spaces on -site and additional surface parking off -site at 500 32nd 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 identifi, in LU 6.8.6. Although an advanced architectural design at its conception 1960, the building has been altered significantly from its original desi and the condition of the structure has deteriorated due to a lack maintenance, as well as age. As a result, the building is no longer suitat for attracting commercial businesses or visitors and much of the buildi has remained vacant in recent years_ Both the exterior and the inter! conditions are viewed as an "eye sore" to an otherwise attracti community. Attachment No. PC 3 Site Photos m 55.. i`S m �.e v�:'x' o aa%a•%iz mr vvr '°,v,,., 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 -Malt 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 CA2010.081. 3388. Via. Ludo Marshall €^'roporty &Development Attachment No. PC 4 Project Plans 0 SHUBIN+DONALDSON ARCHITECTS INC. 3388 VIA LIDO INTERIM STUDY OVERLAY JULY 15, 2010 SHUSINa. DONALDSON ARU !IT£ CTS Ni ids, aeslens and plans indicated ar represented as these tire, ings are dxnad and are property of Sbabin . Oonaldsan Inc. and vrere sand and desistance far nets- eiO Me specified project. None ofsuch ideas, designs eo plans shall be used for any purpose ci.,'dii canter 'he --a pernJl of Shubin - Donaldson 1, 0 Shubin+ 0"all Inc. VfF CUUC VNF pF.mry wl nnla n mvrt PROJECT SITE LOCATION OF OFF SITE PARKING �1 SNUB IN. DO NALO SON 4 =C HIPE'C'b INIERIM SNOY OVISIMAPPLICADON EXISTING SURVEY SHEELNO.DO.01 #0935 3388VIA LIDO Ys - . .... . . ..... 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I piTilai�ii [7 QOI� 1 (EI FF 4 P: /�'�� `'�' tc � ; !EI FF 3 S + 9 � 4d r=ig _(E ) FF 2 Mimi, (E) FF 1 II- T lixo LEL�TsE TEPCw I MEPC e,Yq.W 9F G•aFGE IM)a]5 GAPKE:1� RxN iE�VE 9F PES DENiNL VEL AleWe sF IsxIErEL lia� -TTU7 pm mnM mW:BLa fi%9.m5f I �I LE Ng084B11 q Ttta MEPC e,Yq.W 9F GAPKE:1� PO iEVEL 9F qFS� AleWe sF .L I]M 5Tµ OExML, I o•e Ip :> Wy 9]M.]19F ME :[ 2 D LEVEL GROUND LEVEL GROUND LEVEL PE9mmu 3:F 0.1 41.-l. cmugcmpF. Fsssluv.av SNU81N • D0NALD60N ;.nC I ITNCAS : -PtI INMRIM MDYOVERLAYAPRLIMON AREA PLANS SFEEf No. D4.01 #09353388 W1IID0 Brown, Leilanie From: Nova, Makana Sent: Wednesday, August 04, 2010 4:48 PM To: Brown, Leilani Cc: Alford, Patrick; Lepo, David Subject: FW: Letter of Opposition to 3388 Via Lido Importance: High Leilani, I received the following letter this afternoon regarding the Via Lido Interim Study Overlay (3388 Via Lido) scheduled under Item 19 on the City Council agenda for August 10, 2010. HAAA.s.oL Noac ( ASSISTANT PLANNER Planning Department I City of Newport Beach 3300 Newport Boulevard I Newport Beach, CA 92658 P. 949.644.3249 1 F. 949.644.3203 mnova Cd n ewoo rtbe a ch ca gov www newport be a ch ca gov APlease consider the environment before printing this email From: Soong Kim [mailto:skim @olenproperties.com] Sent: Wednesday, August 04, 2010 3:42 PM To: Nova, Makana Subject: Letter of Opposition to 3388 Via Lido Importance: High Hello, Makana I'm Soong Kim, a project manager for Olen who owns the property at 3366 Via Lido. I'm writing this email to state Olen's opposition to the location of the proposed parking garage structure on the project at 3388 Via Lido, Newport Beach, CA. The main entrance to our existing 2 -story building is located facing Via Lido. It is close to the property line abutting the 3388 Via Lido. The proposed parking garage projects far towards Via Lido. It will definitely, and completely hide the main entrance to our building. We ask that an alternative location, or a mitigating measure be investigated to avoid or minimize this interference. I have also spoken with the project architect and expressed the same concern. I left a voice message about this matter today as well. I'll be available to meet as early as this Friday to discuss this matter with you. Thank you, and I look forward to hearing from you. Soong Kim Design /Project Manager OLEN DEVELOPMENT CORP. Seven Corporate Plaza Newport Beach, CA 92660 (949)719 -7222 - Direct (949)719 -7274 - Fax www.olenproperties.com