HomeMy WebLinkAboutZA2017-024 - MODIFICATION PERMIT FOR PARKING TYPE - 3990 Westerly Pl RESOLUTION NO. ZA2017-024
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2017-003 REDUCING THE PARKING RATIO FOR
AN EXISTING OFFICE COMPLEX LOCATED AT 3990 AND 4000
WESTERLY PLACE (PA2017-037)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Shelmmer Algaze Associates, with respect to property located
at 3990 and 4000 Westerly Place, and legally described as Parcel 2 and Parcel 3 in
Resubdivision 0312 in Book 1, Page 88 of Miscellaneous Record Maps, Records of
Orange County requesting approval of a modification permit.
2. The applicant proposes a modification permit to change the parking requirement for the
subject properties from one space per 225 square feet of net public area to one space per
250 square feet of net public area per the Newport Place Planned Community (PC-11)
Zoning Regulations.
3. The subject property is located within the Newport Place Planned Community (PC-11)
Zoning District and the General Plan Land Use Element category is General Commercial
Office (General Commercial Office).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on April 13, 2017 in the Corona del Mar Conference Room (Bay
E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities) of the Guidelines for CEQA.
2. This exemption includes minor alterations to existing structures involving negligible or
no expansion of use. The change to the parking ratio and related tenant improvements
including the elevator additions results in a negligible expansion of the existing general
office use.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050.E (Modification Permits — Required Findings) of the
Newport Beach Municipal Code, the following findings and facts in support of such findings are
set forth:
Finding:
A. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1. The surrounding neighborhood is developed with a range of low-rise to high-rise office
buildings, including business park-type developments with shared parking between
buildings. The subject buildings will remain occupied by general office uses, a permitted
use within the PC-11 Professional and Business Office Sites 1 & 2. The change to the
parking requirement for the buildings does not change the general office use.
2. The proposed site renovation and elevators will comply with all applicable development
standards and Building Codes.
3. The Modification Permit will allow for the installation of a new elevator in each building
to improve accessibility, consistent with other buildings in the area.
4. The proposed parking ratio of one space per 250 square feet of net public area is
consistent with the standard Zoning Code parking ratio for office uses, which requires
parking as follows: First 50,000 sq. ft. - one space per 250 sq. ft. net floor area; Next
75,000 sq. ft. - one space per 300 sq. ft. net floor area; Floor area above 125,000 sq. ft.
- one space per 350 sq. ft. net floor area. These standard ratios have proven sufficient
for general office uses citywide, including other office buildings in the Airport Area.
5. The existing development on the site is two-story office buildings. There is no change to
the density or intensity as a result of the proposed tenant improvements, with the
exception of the small elevator additions.
Finding:
B. The granting of the modification is necessary due to the unique physical characteristic(s)
of the property and/or structure, and/or characteristics of the use.
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Zoning Administrator Resolution No. ZA2017-024
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Facts in Support of Finding:
1. The site is located within the Newport Place Planned Community (PC-11),
Professional and Business Office Sites 1&2, which requires a parking ratio of one
space for each 225 square feet of net floor area for professional offices. In addition,
it allows the parking ratio to be lowered to one space for each 250 square feet of net
floor area upon review and approval of a modification permit.
2. As currently developed, the office buildings provide a parking ratio of approximately
one space per 240 square feet of net floor area (47,808 square feet/199 spaces=
240), which is nonconforming with the PC-11 parking ratio for professional offices.
3. The office buildings were constructed in 1972 and 1977, and are in need of
renovation. The addition of the new elevator towers would not be possible without
changing the parking requirement.
Finding:
C. The granting of the modification is necessary due to practical difficulties associated with
the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code.
Facts in Support of Finding:
1. The purpose and intent of the Zoning Code is to promote the orderly development of
the City; promote and protect the public health, safety, peace, comfort, and general
welfare; protect the character, social, and economic vitality of neighborhoods; and to
ensure the beneficial development of the City. The change in the parking
requirement will not change the use of the general office buildings, but will allow the
addition of the elevators and the exterior renovations to improve the accessibility and
aesthetics of the site, and thereby improving the character and vitality of the site and
neighborhood.
2. The addition of the new elevator towers would not be possible without changing the
parking requirement. Utilizing a parking ratio of one space per 250 square feet of net
floor area, a parking requirement of 193 spaces will be required after the 308-square-
foot elevator addition, and resulting in a surplus of five spaces (198 provide-193
required).
4. The granting of the Modification Permit is necessary to allow a reasonable addition
and tenant improvement to existing office buildings with existing parking that is
adequate for the general office uses.
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Finding:
D. There are no alternatives to the modification permit that could provide similar benefits
to the applicant with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public.
Facts in Support of Finding:
1. The improvements include restriping the parking to the minimum stall sizes required by
Code, but a one-space reduction results. The site cannot be reconfigured further to
provide additional stalls.
2. The other alternative is to eliminate the elevator additions; however, this does not meet
the applicant's objectives and results in an office building that lacks accessibility. Given
that the site has operated with the existing parking with no issues, the improved
accessibility and modernization of the site would help the owner maintain the leases in
the building and improve the aesthetics in the neighborhood, and is a valuable project
with little or no impact.
Finding:
E. The granting of the modification would not be detrimental to public health, safety, or
welfare, to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code.
Facts in Support of Finding:
1. The requested change in parking ratio is a small change from current conditions, which
has not proven to be detrimental to date and is consistent with the parking rates
established in other parts of the City. The Modification Permit will also bring the property
into conformance and allow for the proposed renovations and future flexibility.
2. The site improvements, including the addition of the elevators has been reviewed and
approved by Building, Fire, and Public Works Divisions.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2017-003, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
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2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 131h DAY OF APRIL 2017.
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1 . The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except as
modified by applicable conditions of approval.)
2. Modification Permit No. MD2017-003 shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal
Code, unless an extension is otherwise granted.
3. The parking rate for general office shall be one space per 250 square feet of net floor area.
All other uses shall be parked at the parking ratios provided in the Newport Place Planned
Community (PC-11) Regulations.
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 3990 and 4000 Westerly Place Parking Modification including, but not limited
to Modification Permit No. MD2017-003 (PA2017-037). 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,
attomeys' fees, and damages which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this condition.
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