HomeMy WebLinkAbout20210419_Zoning Compliance Letter COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200
www.newportbeachca.gov
ZONING COMPLIANCE LETTER
Sent Via Email
April 19, 2021
Reference No. PA2021-062
Zoning Reports, LLC
Attn: Dyana Tucker
dyana@zoning.report
RE: 330 Old Newport Blvd, Newport Beach, CA 92663
Assessor Parcel Number: 425 381 16
Ms. Tucker:
The above referenced property is currently located within the OG Office General
Zoning District and designated as CO-G General Commercial Office within the
Land Use Element of the General Plan. The property is not located within a
Planned Unit Development or an overlay district.
• For the abutting properties to the north, the Zoning District is OG Office General
and designated as CO-G General Commercial Office within the Land Use
Element of the General Plan.
• For the abutting properties to the south, the Zoning District is OG Office
General and designated as CO-G General Commercial Office within the Land
Use Element of the General Plan.
• For the abutting properties to the east, the Zoning District is Single-Unit
Residential (R-1) and designated as Single-Unit Residential Detached (RS-D)
within the Land Use Element of the General Plan.
• For the abutting property to the west, the Zoning District is OG Office General
and designated as CO-G General Commercial Office within the Land Use
Element of the General Plan.
Research of the permit and entitlement history of the property verifies that
discretionary approvals were acquired from the City of Newport Beach Planning
Division for development of the property. Please contact the Planning Division for
any copies required of the discretionary approvals below:
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Zoning Compliance – PA2021-062
Tmplt: 08-15-176
• Sign Program No. CS2018-006
A comprehensive sign program for Newport Harbor Medical Plaza
• Staff Approval No. SA2016-006 (PA2016-065)
SA2016-006 authorized modifications to the architectural design of the
previously approved medical office building.
• Lot Merger No. LM2014-005 (PA2014-218)
LM2014-005 authorized the merger of four lots into a single parcel for future
medical office development and waived parcel map requirements.
• Mitigated Negative Declaration No. ND2009-003, Traffic Study No. 2009-
002, Use Permit No. 2009-025, Modification No. MD2009-016, General
Plan Amendment No. 2008-001 (PA2008-047)
The above approvals represent a request for a General Plan Amendment
(GPA) to increase the allowable floor area to land area ratio (FAR) for the
project site from 0.5 FAR to 1.0 FAR. An FAR of 1.0 could result in 25,725
square feet of development. Concurrent with the requested General Plan
Amendment, the applicant is proposing the construction of a 25,000-
square-foot medical office building. In addition to the requested GPA, the
following approvals were requested or required in order to implement the
project:
1. A use permit to allow an elevator and stairwell enclosure to exceed
the 32-foot base height limit.
2. A modification permit to allow the proposed subterranean parking
area to encroach 3 feet into the 5-foot rear yard setback.
3. A seven space off-street parking credit commensurate with the
number of on-street parking spaces available along the project
frontage.
4. A traffic study pursuant to the City’s Traffic Phasing Ordinance.
• Use Permit No. UP2008-042 (PA2008-121)
Use Permit No. UP2008-042 authorized the operation of an independent
massage facility in conjunction with a therapeutic physical therapy
establishment specializing in Thai Yoga.
• Use Permit No. 1686
Use Permit No. 1686 authorized the operation of a studio for instruction in
arts, dance, self-improvement, and language.
• Use Permit No. 0755
Use Permit No. 0755 authorized the construction of a duplex over a
commercial parking lot.
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Zoning Compliance – PA2021-062
Tmplt: 08-15-176
• Use Permit No. 0456
Use Permit No. 0456 authorized the construction of a single-family
residence in a commercial zoning district.
The subject property does not have any active complaints on record. For
information regarding code violations, please contact the Code Enforcement
Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please
contact the Building Division to obtain copies of Certificates of Occupancy. For
information regarding plat maps or public rights-of way, please contact the Public
Works Department at (949) 644-3311. Should you have any further questions,
please contact me at 949-644-3221 or mwhelan@newportbeachca.gov.
Sincerely,
Enclosures:
Aerial Map
PA2016-065
PA2014-218
PA2008-047
PA2008-121
UP1686
UP0755
UP0456
Community Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
VIA EMAIL
August 2, 2016
Emanuel Shaoulian, M.D.
3300 West Coast Highway
Newport Beach, CA 92663
shaoulian@gmail.com
Subject: Staff Approval No. SA2016-006
Newport Harbor Medical Plaza (PA2016-065)
328, 332, 340 Old Newport Boulevard
Dear Mr. Emanuel Shaoulian, M.D.,
It was a pleasure working with you on the above referenced application. Please be
advised that the subject application was approved by the Community Development
Director on August 2, 2016 and effective on August 16, 2016. A copy of the
approved action letter with findings and conditions is attached. If you have any
questions, please do not hesitate to contact me directly. Thank you and I look
forward to working with you again in the future.
Sincerely,
KB/jm
cc:
Bundy-Finkel Architects
1120 Bristol Street, Ste. 120
Costa Mesa, CA 92626
rfinkel@bundyfinkel.com
PA2016-065
Ms COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR ACTION LETTER
Application No. Staff Approval No. SA2016-006 (PA2016-065)
Applicant Emanuel Shaoulian, M.D.
Site Address
328-340 Old Newport Boulevard
Newport Harbor Medical Plaza Staff Approval
Legal Description Parcel 1 of Lot Merger LM2014-05
On August 2, 2016, the Community Development Director approved Staff Approval No.
SA2016-006 authorizing modifications to the architectural design of a previously approved
medical office building and finding said modifications to be minor and in substantial
conformance with Use Permit No. UP2009-005 and Modification Permit No. MD2009-016.
This approval is based on the following findings and subject to the following conditions.
ZONING DISTRICT/GENERAL PLAN
Zone: OG (Office General)
General Plan: CO-G (General Commercial Office)
I. BACKGROUND
On March 9, 2010, the City Council adopted Resolution No. 2010-21 (Attachment
No. CD2) approving a medical office project formerly known as the Old Newport
Boulevard General Plan Amendment Project. The approval authorized a General
Plan Amendment (GP2008-001) to increase the allowable floor area to land area
ratio (FAR) for the project site from 0.5 FAR to 1.0 FAR. A FAR of 1.0 results in a
maximum development of 25,725 square feet. Concurrent with the General Plan
Amendment, the approval authorized the construction of an approximately 25,000-
square-foot medical office building (Attachment No. CD3) with the following
approvals:
A modification permit (MD2009-016) to allow a subterranean parking area to
encroach 3 feet into the 5-foot rear yard setback;
An off-street parking credit commensurate with the number of on-street
parking spaces available along the project frontage;
PA2016-065
Newport Harbor Medical Plaza
August 2, 2016
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A use permit (UP2009-005) to allow portions of the building to exceed the
32-foot base height limit; and
A traffic study (TS2009-002) pursuant to the City’s Traffic Phasing
Ordinance analyzing traffic associated with a 25,725-square-foot medical
office use.
Due to economic circumstances, the project was put on hold and extensions to the
above-mentioned project approvals were granted until March 9, 2015.
On January 15, 2015, the Zoning Administrator adopted Resolution No. ZA2015-
002 approving a lot merger (LM2014-004) combining the underlying four legal lots
of the subject property into a single building site.
The project approvals were deemed exercised with the issuance of building permits
on March 6, 2015, for demolition of the existing structures and rough grading of the
proposed medical office building.
II. PROPOSED CHANGES
Due to changes in architectural trends, medical office needs, and to improve
vehicular circulation within the parking structure, the applicant is proposing to
modify the architectural design of the project (Attachment No. CD4). Modifications
include:
Changing the architectural style from a post-modern, deconstructivist style
with angular building lines to a more contemporary curvilinear building
design that is more responsive to the site and to the views available from the
site.
Redesigning parking garage from two separate levels to a design with three
connected levels. The new garage design allows for a safer vehicular
circulation both on and off site by allowing vehicles to access all interior
parking spaces from within the structure. The previous design required
vehicles to exit the structure and re-enter the second level through another
driveway.
Reducing number of vehicular driveways on Old Newport Boulevard from
two to one.
Increased height of primary entry tower element to 48 feet 8 inches (3-foot-
10-inch increase above original design) and added a second tower element
with a height of 37 feet 9 inches.
Increased total landscape area provided on-site from 2,447 square feet to
3,546 square feet. Landscaping at the rear of the building adjacent to the
alley has increased by approximately 560 square feet.
PA2016-065
Newport Harbor Medical Plaza
August 2, 2016
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III. FINDINGS
Pursuant to Section 20.54.070 (Changes to an Approved Project), the Community
Development Director may authorize minor changes to an approved site plan,
architecture, or the nature of the approved use without a public hearing, and waive
the requirement for a new permit application. In this case, the Community
Development Director has determined that the proposed architectural changes are
in substantial conformance with the nature of the findings and conditions of the
previous medical office approval.
Finding:
A. Are consistent with all applicable provisions of this Zoning Code.
Facts in Support of Finding:
1. The project was originally approved under the previous Zoning Code and
located within the Old Newport Boulevard Specific Plan (SP-9); Retail
Service Commercial (RSC) Zoning District. The current Zoning Code
designates the site Office General (OG). The proposed 25,000-square-foot
medical office building continues to be a permitted land use identified in the
previous SP-7/RSC and current OG Zoning Districts. The project also
remains below the maximum 25,725-square-foot floor area limit (1.0 FAL)
applicable to the site.
2. A total of 125 parking spaces are proposed for the medical office building,
consistent with the required parking rate of one space per 200 square feet of
gross floor area. Nine of the parking spaces are new on-street parking
spaces that were created and eligible for an off-street parking credit
consistent with the previous SP-9/RSC zoning standards and Condition No.
3 of the project approval.
3. The modified design complies with all applicable zoning standards of the
previous SP9-RSC and current OG Zoning Districts, with the exception of
the tower heights and subterranean rear yard encroachment. However, the
modified design is in substantial conformance with Use Permit No. UP2009-
005 that authorized portions of the building to exceed the 32-foot base
height limit and Modification Permit No. MD2009-016 that authorized
portions of the subterranean parking structure to encroach into the rear
setback.
PA2016-065
Newport Harbor Medical Plaza
August 2, 2016
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Finding:
B. Do not involve a feature of the project that was a basis for or subject of
findings or exemptions in a negative declaration or Environmental Impact
Report for the project.
Facts in Support of Finding:
1. The environmental impacts of the approved project were analyzed under the
Mitigated Negative Declaration (MND) that was adopted for the project by
the City Council on March 9, 2010. The changes to the plans do not involve
features that were the basis for findings or exemption in the adopted MND in
that intensity of the project has not changed. Although changes in
architectural design and site plan are proposed, there changes are
considered minor and when taken into account, the conclusions of the
environmental analysis in the Adopted MND do not change.
Finding:
C. Do not involve a feature of the project that was specifically addressed or was
the subject of a condition(s) of approval for the project or that was a specific
consideration by the applicable review authority in the project approval.
Facts in Support of Finding:
1. The modified plan demonstrates the ability to comply with all required
conditions of approval, and said conditions will continue to be required
through project implementation.
2. Consistent with Condition No. 3, an off-street parking credit shall be granted
equal to the number of on-street parking spaces provided along the Old
Newport Boulevard frontage. The modified design provides parking for nine
spaces, compared to four spaces under the original design, while providing
adequate sight distance from the project driveway.
3. Consistent with Condition No. 11, the increased setback area at the rear of
the building, including the five-foot rear alley setback, will be landscaped
with a combination of groundcover, shrubs, and vertical plantings to
enhance the aesthetics of alley elevation and minimize the visual bulk and
mass of the structure. The modified design includes additional building
setback area to the rear property line, resulting in 560 square feet of
increased landscaping.
4. Consistent with Condition No. 16, trash will be located near the southeast
corner of the site within a fully-enclosed trash enclosure to minimize noise
and odor impacts to adjacent residents.
PA2016-065
Newport Harbor Medical Plaza
August 2, 2016
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5. The original design included a single tower element that widened towards
the top with an exterior finish that largely consisted of stucco and limited
window openings. Due to the visual mass and bulk of the design, Condition
No. 23 was imposed requiring that the portions of the stairwell and elevator
enclosure that exceeded the 32-foot base height limit be redesigned
architecturally to minimize the visual bulk, subject to the approval of the
Director. The modified design now includes two tower elements for primary
and secondary lobbies with varying heights that help reduce the mass into
two separate architectural elements and consist primarily of glass finishes.
The architectural design of the taller, primary tower includes an open-air
design element. This design element maintains the prominence of the tower
as a design feature, while further reducing the visual bulk of the tower.
6. The original design included a substantial number of lower and upper level
windows facing the residential district across the alley at the rear. To
minimize night lighting impacts, Condition No. 22 was added requiring an
internal lighting system that would auto-dim after standard work hours. This
condition will continue to be implemented; however, the modified design also
eliminates the lower level office windows and only includes 7 upper level
office windows, providing increased privacy and minimizing lighting impacts
to the residents at the rear.
Finding:
D. Do not result in an expansion or change in operational characteristics of the
use.
Facts in Support of Finding:
1. The proposed building floor area remains at 25,000 square feet and no
changes to proposed operation as a medical office use or associated
vehicular trip generation would result.
2. Vehicular ingress and egress remains from Old Newport Boulevard,
ensuring that the residential area across the alley remains protected from
vehicular disturbances associated with the project.
3. The modified design maintains similar subterranean encroachments into the
rear setback (3 feet 2 inches) to accommodate the necessary minimum
parking and vehicular circulation requirements, but increases cumulative
above ground setback area adjacent to alley that results in an increased rear
landscape area of 562 square feet. Side setbacks increase from 8 inches on
the north side and 2 feet 3 inches on the south side. The front setback of the
project increases 2 feet, which also results in additional on-site landscaping
along the project frontage.
4. Although the modified design now includes two architectural tower elements
and roof lines that exceed the 32-foot base height limit, the overall design of
PA2016-065
Newport Harbor Medical Plaza
August 2, 2016
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the building has been improved by reducing the visual mass of the previous
one single tower element consisting of largely stucco material to a design
that breaks up the mass into two narrower architectural elements that utilize
predominately glass finishes to provide visual transparency and openness.
5. The project site maintains a relatively long frontage width of approximately
290 feet along Old Newport Boulevard. Similar to the original design, the
modified design maintains upper floor step backs, but now includes a
curvilinear design to minimize the mass of the building as viewed from the
street. The towers remain for the purpose of identifying the building entries
and serve as design elements that break up the long elevation of the project.
These tower elements are consistent with General Plan Policy LU 5.4.2,
which requires new developments to be designed to convey a unified and
high-quality character in consideration of several principles, including clearly
identifying the entry of the building through design elements.
6. The modified design allows for increased rear setback area adjacent to the
alley and residential uses across the alley. In addition, the overall height of
the building as measured from the average alley elevation along the alley
elevation has been reduced to approximately 22 feet (approximately 8 feet
lower than original design), further minimizing the visual mass and scale of
the building as viewed from the alley and the residential neighborhood
beyond.
IV. DETERMINATION
This staff approval has been reviewed and the determination has been made that
the proposed changes to the architectural design of the previously approved
medical office building are minor and in substantial conformance with Use Permit
No. UP2009-005 and Modification Permit No. MD2009-016.
V. CONDITIONS
1. All applicable conditions of approval for Use Permit No. UP2009-005 and
Modification Permit No. MD2009-016 shall remain in effect.
2. The development shall be in substantial conformance with the revised site plan,
floor plans, roof plans, building elevations, and landscape plan found in Attachment
No. CD 4.
3. To the fullest extent permitted by law, the 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 staff approval of
the Newport Harbor Medical Plaza including, but not limited to, Staff Approval No.
PA2016-065
Newport Harbor Medical Plaza
August 2, 2016
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SA2016-006 (PA2016-065). 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.
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). For additional information on filing an appeal, contact the Planning Division at 949 644-3200.
On behalf of Kimberly Brandt, AICP, Community Development Director
By:
jm/KB
Attachments: CD1 Vicinity Map
CD2 City Council Resolution No. 2010-21,
including Mitigation and Monitoring
Reporting Program, and Conditions of
Approval
CD3 March 9, 2010, Approved Plans
CD4 Modified Plans
PA2016-065
Newport Harbor Medical Plaza
August 2, 2016
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Attachment No. CD 1
Vicinity Map
PA2016-065
Newport Harbor Medical Plaza
August 2, 2016
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VICINITY MAP
Staff Approval No. SA2016-006
PA2016-065
328, 332, and 340 Old Newport Boulevard
Subject Property
PA2016-065
Attachment No. CD 2
City Council Resolution No. 2010-21,
including Mitigation and Monitoring
Reporting Program, and Conditions of
Approval
PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
PA2008-047PA2016-065
Attachment No. CD 3
March 9, 2010, Approved Plans
PA2016-065
PA2016-065
EMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYPA2016-065
PA2016-065
DECORATIVEPAVING 1,147 SF3 RDNPARKING BELOWPA2016-065
20 RDNREFUGEAREAPARKING BELOWOPEN TERRACEPA2016-065
+82.50+69.50+58.00+46.50OLD NEWPORT - WEST ELEVATION+32.00 FROMEXISTING GRADE+45.00+56.50+97.00+82.50+69.50+56.50+45.00ALLEY - EAST ELEVATION+32.00 FROMEXISTING GRADEEXISTING GRADE+103.00ROOF SCREEN+58.00+46.50PA2016-065
+45.00+56.50+82.50+69.50+103.00 ROOFSCREENSIDE - NORTH ELEVATION+82.50+69.50+58.00+46.50+32.00 FROMEXISTING GRADE+32.00 FROMEXISTING GRADEOCEAN VIEW - SOUTH ELEVATION+97.00PA2016-065
+82.50+69.50+56.50+45.00+32.00 FROMEXISTING GRADEEXISTING GRADEPA2016-065
88.0086.4097.0073.0074.2073.0086.00AREA HIGHERTHAN 32' ABOVEFINISH GRADEPA2016-065
PA2016-065
PA2016-065
Attachment No. CD 4
Modified Plans
PA2016-065
107-28-16Old Newport Blvd., Newport Beach, CA
Newport Harbor Medical Plaza
Planning Department Resubmittal
PA2016-065
207-11-16Topo Survey - Existing Site PlanNewport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
307-11-16Ground Plane Exhibit
Old Newport Blvd.
69.50 68.82
61.10
69.00
70.50
70.00
61.80
54.40
51.25
61.66
49.25
69.00 67.60
61.66
45.84
53.89
58.50
68.00
69.26
67.60
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
407-11-16Old Newport Blvd.
Existing Buildings
Proposed New Building
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
507-11-16Second Level Office
First Level Office
Street-Level Secondary Lobby /Vertical Circulation
Open Garage Main Lobby /
Vertical Circulation
Garage Entry
On-Street parking
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
607-11-16Updated North Elevation
Planted Trellis Element
Plaster Reveals Plaster Accent Metal-Clad Element
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
707-11-16Old Newport Blvd. ViewsNewport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
807-11-16Trash Enclosure.
Mech. Equip.,
Exit Stair
Alley Views
ROLL-DOWN TRASH
ROOM DOOR
MECHANICAL ENCLOSURE
STAIR ENCLOSURE
STAIR ENCLOSURE
ELECTRIC ROOM
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
907-11-16Colored Roof PlanNewport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
1007-11-16Building Sections
01 02
05 060403
GRADE PLANE PROFILE - TYP.
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
1107-11-16Parking Garage Cutaway
End-to-End Helix, One-Way
Circulation Design *
*Diagram Only
Not meant to representative actual ramp
configuration for this building
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
1207-11-16Entry Level Parking Plan
Old Newport Blvd.
LOWER PARKING LEVELOld Newport Blvd.
Alley
TRANSFORMER
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
1307-11-16Lower Level Parking Plan
LOWER PARKING LEVELOld Newport Blvd.
Alley
Old Newport Blvd.
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
1407-11-16Upper Level Parking Plan
Old Newport Blvd.
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
1507-11-161st Floor Office Plan
Old Newport Blvd.
ELECTRICAL ROOM TRASH ROOMMECHANCAL ENCLOSURE
BACKFLOW
DEVICE
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
1607-11-162nd Floor Office Plan
Old Newport Blvd.
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
1707-11-16Old Newport Blvd.
98.50T.O. TOWER
92.50
T.O. TOWER
79.00
ACCENT WALL
92.50
STAIR
ELEV.
92.50
STAIR ELEV.
90.50
TRELLIS
ELEV.
94.00
T.O. ELEV.
SHAFT
79.00
ACCENT WALL
82.00
T.O. RAILING - TYP.
79.00
Accent Wall78.50
T.O. ROOF ELEV..
64.50
GARAGE ROOF ELEV.
92.50
T.O. ROOF ELEV.
69.50 68.82
61.10
69.00
70.50
70.00
61.80
54.40
51.25
61.66
49.25
69.00 67.60
61.66
45.84 53.89
58.50
68.00
69.26
67.60
78.50
T.O. ROOF ELEV.
48’-8” A.F. SIDEWALK37’-9” A.F. SIDEWALK
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
1807-11-16Building Height Envelope Study
Existing grade plane projected up to
35’-0” elevation
48’-8”A.F. SIDEWALK
37’-9”A.F. SIDEWALK
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
1907-11-1624’ Height Study
ALL ROOF ELEMENTS ABOVE 24’ STEP BACK FROM THE FRONT
PROPERTY LINE A MIN. OF 1 FT. FOR EVERY FT. ABOVE 24’ EX-
CEPT FOR THE LOBBY TOWERS WHICH ARE COVERED BY THE
20% EXCEPTION
Newport Harbor Medical Plaza
Old Newport Blvd., Newport Beach, CA Planning Department Resubmittal
PA2016-065
PA2016-065
PA2016-065
Community Development Department
Planning Permit Application
~l\ Roi~ -otu5"
1. Check Permits Requested:
D Approval-in-Concept-AIC # D Limited Term Permit -
D Coastal Residential Development 0 Seasonal D < 90 day 0>90 days
D Condominium Conversion D Modification Permit
D Comprehensive Sign Program D Off-Site Parking Agreement
D Development Agreement D Planned Community Development Plan
D Development Plan D Planned Development Permit
D Lot Line Adjustment D Site Development Review -D Major D Minor
D Lot Merger D Parcel Map
2. Project Address(es)/Assessor's Parcel No(s)
j328, 332, 340 Old Newport Blvd. I 425-381-06, 07, 08
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
li1 Staff Approval
0Tract Map
D Traffic Study
0 Use Permit -OMinor Oconditional
D Amendment to existing Use Permit
0 Variance
0 Amendment -OCode OPC OGP OLCP
D Other:
3. Project Description and Justification (Attach additional sheets if necessary):
!see letter attached
4. Company\ Applicant !Emanuel Shaoulian, M.D. I
Mailing Address j33oo West Coast Hi._gh_w_a_y___ Suite/Unit .-------,
City !Newport Beach State icA =1 Zip 192663 I
Phone j(949) 642-5513 Fax j(949) 642-9479 j Email jshaoulian@gmail.com
5. Company\Contact !Bundy-Finkel Architects/Attn: Richard Fin~
Mailing Address '1 120 Bristol St. Suite/Unit _I 1_20 ___ ___.J
City icosta Mesa I State icA I Zip _j92_6_26 __ ~1
Phone j(714) 850-7575 =i Fax j(714) 850-757~ Email lrfinkel@bundyfinke_l.c_o_m ___ ~
a. ~nerName ~manuel Shaoulian, ~.o ·.~~~~~~~~~~~~~~-~~~~~~
Malling Address 13300 West Coast Highway Suite/Unit -'--___ ___.!
City !Newport Beach I State icA J Zip ~j9_26_6_3 __ __.I
Phone f{949}642-5513 I Fax l ~(9_4_9_) 6-4-2--9-4_7_9 -1 Email ~lian@gmail.com I
7. Property OWner's Affidavit*: (I) (We) I E~ve.~ 'S. ~o v\\o."'-I
depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further
certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information
herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief.
Signature(s): { ____: ) -=E::::: ' -. Tttle: I ~ S oe-t~ j Date: I '-i /n .. /i !,. J
DD/MO/YEAR
Signature(s): -------------Title:'--------·---] Date:-·----~
*May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the
application. Please note, the o\Mler(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized.
F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_ Guidelines\Planning Permit Application -NEW.docx Rev: 02105115
PA2016-065
FOR OFFICE USE ONLY
Planning Activity History:----------------------------
APN No: L/ :J. 5 · 3 cg I ·-0 4 , O 1, 0 ff
I I
Council District No.: c::<. -~-------
General Plan Designation: C 0 -~
Zoning District: ___ ....;;;;()____.;;;.{; ______ _
Date Filed: L/-t 5-1~
Fee Pd: /$ R1:<, Check# 55~5 6
Receipt No: Roaoo IR& 71 S-
D 2700-5000 Account
CrCrd#: V -MC
Coastal Zone: D Yes ~No Deposit Acct. No. __________ _
Community Association(s): N e.uJDOr:r l-l-7 h+-.s
I . I m tJ rv u e,m e./L f-I-ls soc.
DPlanning Commission Meeting
Dzoning Administrator Hearing
Dcommunity Development Director
ACTION: D Approved D Denied D Tabled:
Development No: Dbl. 0 J l/--0 5 7 7
Project No: Pf1~ol& -0&5
Activity No: S Pt ;;2. 0 I IP -({) 0 (p
ACTION DATE
D CONTINUED TO:---------------
DPlanning Commission
Dzoning Administrator
DCommunity Development Director
Continued Date(s)
ACTION: D Approved D Denied D Tabled: _________ _
ACTION DATE
APPEALED: Appeal Received (Date):--------
Appealed to: Deity Council DPlanning Commission DOther: ___________ _
Meeting Date of Appeal: Action: D Approved D Denied D Other _______ _
APPLICATION WITHDRAWN: Withdrawal Received (Date): _________ _
Remarks:
\\cnb.lcl\data\Users\CDD\Shared\Admin\Planning_Division\Applications\Office use Only.docx
Updated 05/14/15
PA2016-065
Architecture
April 13, 2016
Mr. Jaime Murillo
City of Newport Beach
100 Civic Center Dr,
Newport Beach, CA 92660
Planning
Re: Newport Harbor Medical Plaza
Determination of Substantial Conformance
Dear Jamie:
Interiors
The following describes how or new design is in substantial conformance with the original
design and why this design is preferable to the originally approved project.
The changes shown benefit the city in the following ways:
1. The new garage configuration allows for safer vehicular circulation both on and off site
by allowing vehicles to access all interior parking spaces from within the structure. The
previous design required vehicles to exit the building and traverse Old Newport Blvd.
and then re-enter the building to access all parking stalls.
2. The project configuration allows for substantially more landscaping on Old Newport Blvd.
and along the rear alley.
3. The curving building design is much more responsive to the site and to the views
available from the site. It has a much more restrained, but elegant appearance that we
feel will be better appreciated by the surrounding residents and passersby.
The design is in substantial conformance with the original approvals for the following reasons:
1. All modifications are consistent with all applicable provisions of the Zoning Code.
2. No modifications involve a feature of the project that was a basis for or subject of
findings or exemptions in a negative declaration or Environmental Impact Report for the
project.
3. The only modification to the project that involved a feature of the project that was
specifically addressed, or was the subject of a condition of approval, related to the
allowable building height. That issue was addressed with exhibits that showed that we
are in still in compliance with the city's Zoning Code for the building heights.
4. None of the modifications will result in an expansion or change in operational
characteristics of the use.
Sincerely,
Richard Finkel, A. I.A. PA2016-065 for SA2016-006
328, 332, 340 Old Newport Boulevard
Emanuel Shaoulian, M.D.
1120 Bristol Street •Suite 120 •Costa Mesa •CA 92688 •P. 714 850 -7575 • F. 714 850-7576
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COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
www.newportbeachca.gov
NOTICE OF INCOMPLETE FILING
May 2, 2016
Bundy-Finkel Architects
1120 Bristol Street, Ste. 120
Costa Mesa, CA 92626
Application No. Staff Approval for Substantial Conformance No. SA2016-006
(PA2016-065)
Address 328, 332, 340 Old Newport Boulevard
Please be advised that after reviewing the subject application, your submittal has been
deemed incomplete and further information is required before we are able to proceed
with the application process.
Approval of staff approval for substantial conformance requires that staff find that the
project changes are minor and that the changes do not involve a feature of the project
that was specifically addressed or was the subject of a condition(s) of approval for the
project or that was a specific consideration by the applicable review authority in the
project approval. Therefore, the following information is needed to complete the
application and to assist with determining substantial conformance with the previously
approved design:
1. Provide a table or similar information comparing the Code requirements at the
time of project approval, features of the Previously Approved project, and
features of the Proposed project, including the information in the last column
below:
Development
Standards Required Previously Approved Proposed
Project
Floor Area 25,725 SF Allowed
Approx. 25,000 SF, final SF to be determined
based on number of # of parking spaces
approved
Setbacks
Front 0 0
Side 0 2 feet on north side; and
5 inches on south side
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Rear 5 feet min.
Building above grade: varies from 5 feet to 16
feet.
Subterranean Parking: 2 feet
Height 32 feet max.
Main Building: 32 feet
Elevator and stairwell enclosure: 44 feet 10
inches
Tower Characteristics
1 tower feature exceeding 32 feet
Approx. 600 square feet in area above height
limit
Width of tower – 40 feet (14 % of frontage
width)
Parking
(1 space/200 square
feet)
122 spaces total
118 spaces off-street
4 spaces on-street (required approval of
parking credit- 7 originally proposed, but
reduced to 4 due to sight distance issues)
Vehicular
Access
Non-residential projects
with ingress or egress
from alleys accessed
from Holmwood are
subject to Site Plan
Review to minimize
traffic and parking
impacts on adjacent
single-family residential
areas.
No vehicular access is proposed from alley
adjacent to residential area. All vehicular
access will occur from Old Newport boulevard.
No Site Plan review required.
Same
Landscaping
1. 8% of site
(2,049 sf total);
1/2 of
landscaping
may consist of
decorative
paving
2. 1 tree/50’ of
frontage (6
trees req’d)
3. Trees shall be
planted within
5’ of front or
side PL
1. 2,447 sf total
2. 7 trees provided
3. Trees are planted in public R.O.W. (did
not meet Code, project had been
conditioned to comply)
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Rear Setback
Characteristics
Above grade- setbacks ranging from 5 feet to
16 feet
2024 square feet of landscaping
Wall
Articulation
On structures with FAR
of 0.65 or higher, front
walls shall be setback
at least 1-foot for every
foot in excess of 24 feet
above grade. 20% of
the length of the
building façade may
exceed the 24-foot
height limit up to the
maximum height limit.
Project complies. Front walls step back consist
with the natural topography of the site. The
elevator and stairwell located at the northwest
corner of the site complies with the 20%
limitation.
2. Floor Plans:
a. Parking Garage Plans: Permitted rough grading permit and shoring plans
illustrate that the basement wall of subterranean parking garage would
maintain 2-foot setback to rear property line, consistent with the previously
approved Modification Permit. However, proposed plans now indicate that
the garage wall would only be setback 1-foot 1-inch to rear property line.
Please clarify and revise for consistency with rough grading plan and prior
Modification Permit approval.
b. 1st Floor: Illustrate all proposed improvements in the rear of building and
label uses. Illustrate any mechanical equipment and transformers that may
be located in said area.
3. Renderings/Elevations:
a. Renderings shall accurately illustrate landscaping improvements and rear
building improvements as shown on floor plans, including mechanical
equipment rooms, electrical rooms, etc.
4. Landscaping: Provide a conceptual landscape plan to show compliance with
Conditions Nos. 10 and 11:
a. A minimum 8% of site shall be landscaped.
b. Landscaping shall include a minimum of 1 tree for each 50 feet of street
frontage. (Trees may not be planted in PROW)
c. Each tree shall be a minimum of 15-gallon in size and planted within 5 feet
of front or side property line. The tree shall be the same as the designated
street tree. Please consult with Public Works for designated street trees.
d. The rear landscape area shall be landscaped with a combination of
groundcover, shrubs, and vertical plantings to enhance the aesthetics of
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the alley elevation and to minimize the visual bulk and mass of the
structure.
5. Trash: Trash disposable and pick up was a significant issue of concern during
public hearings for project. Per Condition No. 16, all trash shall be stored within
the building or within dumpsters stored in a trash enclosure that is recessed into
the building. Also, to minimize noise and odor impacts to adjacent resident, the
enclosure shall be located at the southeast corner of site and screened from view
of neighboring properties. As currently designed, it does not appear that the trash
enclosures are not designed in compliance with condition. Please redesign to
comply.
6. Height: The Building Height Envelope Studies are helpful for illustrating portions
of building that are over height. However, we need more detailed information
illustrating how grade plane was established and precise heights of building.
a. Provide a grade plane exhibit illustrating the proposed grade plane
(including interpolated grade contours illustrated) used for the purpose of
measuring height.
b. Provide a roof plan exhibit superimposed over grade plane for measuring
height, with all roof height elevations, deck floor elevations, and guardrail
elevations.
c. On cross sections, illustrate grade plane profile.
7. Architecture and Articulation:
a. Design of building is subject to architectural design standards of Old
Newport Blvd Specific Plan that was in effect at time of project approval.
Illustrate how project complies with following: Front wall shall be setback
at least 1-foot for every foot in excess of 24 feet above grade [plane]. 20%
of the length of the building façade may exceed the 24-foot height limit
without providing setbacks.
b. Per Condition No. 23, portion of the elevator and stairwell enclosure that
exceeds the 32-foot height limit shall be redesigned in a manner that
minimizes the bulk of the architectural appurtenance. Please provide a
narrative that explains how the revised design implements this condition
compared with previously approved design.
c. There is a wing wall labeled as “low building wall” identified on floor plans
that projects from rear of building to rear setback. On renderings it appears
as full height wall. It is recommended that the wall height be reduced to
provide more visual open space and minimize bulk of building as viewed
from alley looking south at project site.
8. Mechanical Equipment Noise: General Plan Noise Element Policy N 4.3 requires
that all new commercial developments abutting residentially designated
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properties be designed to minimize noise impacts generated by loading areas,
parking lots, trash enclosures, mechanical equipment, and any other noise
generating features to the extent feasible. Of particular concern with new design
is the concentrated location of the mechanical equipment and locations of
parking garage exhaust vents. Please provide information regarding how noise
will be attenuated to comply with City’s Noise Standards (NBMC Sec. 10.26.025).
Alternatively, can mechanical units be located on roof?
9. Public Works Comments- Please see the attached Public Work’s comments
regarding the staff approval submittal. Revise plans accordingly.
Should you have any questions regarding submittal requirements, please contact Jaime
Murillo, Senior Planner at (949) 644-3209, jmurillo@newportbeachca.gov.
c:
Emanuel Shaoulian
shaoulian@gmail.com
David Fishman
dbf@universalprop.com
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COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
www.newportbeachca.gov
VIA EMAIL
January 15, 2015
Fuscoe Engineering
Attn: John Olivier
16795 Von Karman #100
Irvine, CA 92606
jolivier@fuscoe.com
Subject: Lot Merger No. LM2014-005
(PA2014-218)
328, 332, and 340 Old Newport Boulevard
Shaoulian Lot Merger
Dear Mr. Olivier,
It was a pleasure working with you on the above referenced application. Please be
advised that the subject application was approved by the Zoning Administrator on
January 15, 2015 and effective on January 26, 2015. A copy of the approved
resolution with findings and conditions is attached. If you have any questions,
please do not hesitate to contact me directly. Thank you and I look forward to
working with you again in the future.
Sincerely,
cc:
Dr. Shaoulian
332 Old Newport Boulevard
Newport Beach, CA 92663
shaoulian@gmail.com
RESOLUTION NO. ZA2015-002
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO.
LM2014-004, WAIVING THE PARCEL MAP REQUIREMENT,
AND COMBINING FOUR LOTS INTO A SINGLE PARCEL FOR
PROPERTY LOCATED AT 328, 332, AND 340 OLD NEWPORT
BOULEVARD (PA2014-218)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Fuscoe Engineering with respect to property located at 328,
332, and 340 Old Newport Boulevard, legally described as a Lots 8, 9, 10, and 11 of
Tract 1136 within the City of Newport Beach, County of Orange, State of California.
2. The applicant proposes a lot merger application and a request to waive the parcel map
requirement to combine four lots into a single parcel for future office development.
3. The subject properties are located within the OG (Office General) Zoning District and the
General Plan Land Use Element category is CO-G (General Commercial Office).
4. The subject properties are not located within the coastal zone.
5. A public hearing was held on January 15, 2015, 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. All significant environmental concerns for the proposed project have been addressed in
the Old Newport Boulevard General Plan Amendment (PA2008-047) Mitigated Negative
Declaration (MND) previously adopted by the City Council on March 9, 2010, and that the
City of Newport Beach intends to use said document for the above noted project. The
MND indicates that the proposed project and future office development will not result in a
significant effect on the environment and further that there are no additional mitigation
measures that should be considered in conjunction with said project. Copies of the
previously prepared environmental document are available for public review and
inspection at the Planning Division or at the City of Newport Beach website under
Archived Environmental Documents at www.newportbeachca.gov/ceqadocuments.
Zoning Administrator Resolution No. ZA2015-002
Page 2 of 6
07-22-2014
SECTION 3. REQUIRED FINDINGS.
Merger of Continuous Lots
In accordance with Section 19.12.070.A (Required Findings for Approval) of the City of
Newport Beach Municipal Code, the following finding and facts in support of such findings are
set forth:
Finding:
A. Approval of the merger will not, under the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort and general welfare of persons
residing or working in the neighborhood of such proposed use or be detrimental or
injurious to property and improvements in the neighborhood or the general welfare of
the City, and further that the proposed lot merger is consistent with the legislative
intent of Title 19.
Facts in Support of Finding:
1. Per Section 19.04.035 of the Municipal Code (Development Across Property Lines),
structures cannot be constructed across property lines. With the approval of the lot
merger and the demolition of the existing structures, the proposed new office building can
be constructed on the project site in conformance with the Code and City Council
Resolution No. 2010-21.
2. The project is similar to the development of other properties on Old Newport Boulevard
which have merged smaller lots into larger development sites; these developments have
not been detrimental to the health, safety, peace, comfort or general welfare of
persons residing or working in the neighborhood or injurious to property and
improvements in the neighborhood or the general welfare of the City.
3. Future building improvements are required to comply with applicable Municipal Code
regulations and City policies.
Finding:
B. The lots to be merged are under common fee ownership at the time of the merger.
Facts in Support of Finding:
1. Lots 9, 10, and 11 are held under the ownership of Emanuel Shaoulian as his sole and
separate property. Lot 8 is held under the 70 percent ownership of Emanuel Shaoulian
as trustee of the Shaoulian Revocable Living Trust and 30 percent ownership of Sameul
M. Shaolian and Rozita Shaolian, Co-Trustees of the Samuel M. and Rozita Shaolian
Family Trust.
Zoning Administrator Resolution No. ZA2015-002
Page 3 of 6
07-22-2014
2. A condition of approval has been added requiring the four lots to be held under common
fee ownership prior to the recordation of the lot merger.
Finding:
C. The lots, as merged, will be consistent or will be more closely compatible with the
applicable zoning regulations and will be consistent with other regulations relating to
the subject property including, but not limited to, the General Plan and any applicable
Coastal Plan or Specific Plan.
Facts in Support of Finding:
1. The merged lots will be consistent with the applicable OG district regulations and other
regulations relating to the subject property. The resulting parcel will be approximately
25,725 square feet in area, exceeding the minimum lot area requirements of 5,000
square feet.
2. The Land Use Element of the General Plan designates the subject site as CO-G
(General Commercial Office), which is intended to provide for administrative,
professional, and medical offices with limited accessory retail and service uses. The lot
merger will allow for the redevelopment of the site with a medical office development,
consistent with the intent of the CO-G land use designation.
3. The project implements the development condition of Anomaly Site No. 76 in the Land
Use Element of the General Plan, which authorizes a floor area ratio (FAR) of 1.0,
provided that all four legal lots are consolidated into one parcel to provide future
unified site design.
Finding:
D. Neither the lots, as merged, nor adjoining parcels, will be deprived of legal access as a
result of the merger.
Facts in Support of Finding:
1. Neither of the merged parcels, nor the adjoining parcels, will be deprived of legal
access as a result of the merger. Legal access will remain from the street frontage of
Old Newport Boulevard and from the alley at the rear.
Finding:
E. The lots as merged will be consistent with the pattern of development nearby and will
not result in a lot width, depth or orientation, or development site that is incompatible
with nearby lots.
Zoning Administrator Resolution No. ZA2015-002
Page 4 of 6
07-22-2014
Facts in Support of Finding:
1. The Old Newport corridor of the City consists of office and commercial service
developments on lots of varying size. The proposed lot merger would remove the interior
property line between the subject properties to permit the parcel as a single, unified site,
and would not result in a development pattern inconsistent with the existing development
on Old Newport Boulevard.
2. Consolidation of the lots would allow for future unified development of the site,
reducing the number of vehicular access points on Old Newport Boulevard and
increasing on-street parking opportunities.
Waiver of Parcel Map
In accordance with Section 19.08.030.A.3 (Waiver of Parcel Map Requirement) of the City of
Newport Beach Municipal Code, the Zoning Administrator may approve a waiver of the parcel
map requirement in cases where no more than three parcels are eliminated. The following
finding and facts in support of such finding are set forth:
Finding:
F. That the proposed division of land complies with requirements as to area,
improvement and design, flood water drainage control, appropriate improved public
roads and property access, sanitary disposal facilities, water supply availability,
environmental protection, and other applicable requirements of Title 19, the Zoning
Code, the General Plan, and any applicable Coastal Plan or Specific Plan.
Facts in Support of Finding:
1. The proposed lot merger will result in a parcel that is approximately 25,725 square feet
square feet in area which is compliant with the Zoning Code requirement of 5,000
square feet for a newly created parcel within the OG district.
2. The lots are currently developed. Approval of the proposed lot merger would remove
the existing interior lot line, and allow the properties to be used as a single site for
development. The lot merger in and of itself would not change the land use, density,
and intensity. The proposed merged parcel would comply with all design standards
and improvements required for new subdivisions by Title 19, the Zoning Code, and
General Plan.
3. The proposed parcel will have a frontage on Old Newport Boulevard and alley access
off rear; therefore, the proposed lot merger will not result in a deprivation of legal
access.
4. The proposed lot merger does not result in the elimination of more than three lots.
Zoning Administrator Resolution No. ZA2015-002
Page 5 of 6
07-22-2014
5. Any improvements to the project site are required to comply with applicable Municipal
Code regulations and City policies.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2014-005 (PA2014-218), subject to the conditions set forth in Exhibit A, which is
attached hereto and incorporated by reference.
2. This action shall become final and effective 10 days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
Development in accordance with the provisions of Title 19 Subdivisions, of the
Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF JANUARY, 2015.
Zoning Administrator Resolution No. ZA2015-002
Page 6 of 6
07-22-2014
EXHIBIT “A”
CONDITIONS OF APPROVAL
PLANNING
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
3. Prior to the recordation of the lot merger, the four lots shall be held entirely under one
common fee ownership.
4. Prior to the issuance of building permits allowing construction to cross the existing
interior lot lines between the four lots proposed to be merged, recordation of the lot
merger documents with the County Recorder shall be required.
5. Lot Merger No. LM2014-005 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code,
unless an extension is otherwise granted.
6. 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 Shaoulian Lot Merger including, but not limited to,
Lot Merger No. LM2014-005 (PA2014-218). 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.
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