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Home My WebLink AboutPA2020-311_20201112_Zoning Compliance LetterCOMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200www.newportbeachca.gov ZONING COMPLIANCE LETTER November 12, 2020 Reference No. PA2020-311 Alexis King Alexis.King@pzr.com RE: 3700 Newport Boulevard, Newport Beach, CA 92663 423-121-05 Dear Alexis King: The above referenced property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and is designated as MU-W2 (Mixed-Use Water Related) within the Land Use Element of the General Plan. The property is not located within a Planned Unit Development or an overlay district. Excerpts from the Municipal Code and General Plan are attached for your information. The property directly to the north across Newport Harbor is located in the CM (Commercial Recreational and Marine) Zoning District and the General Plan land use designation is CM (Recreational and Marine Commercial). The property to the south is located within the MU-W2 (Mixed-Use Water Related) Zoning Districts and has a General Plan land use designation of MU- W2 (Mixed-Use Water Related. The properties to the east are located within the Public Facilities (PF) and Mixed-Use Water Related (MU-WU2) and have General Plan designations of Public Facilities (PF) and Mixed-Use Water Related (MU-W2) respectively. The properties to the west are located within the R-2 (Two-Unit Residential) and have General Plan land use designations of RT (Two-Unit Residential). Building permit records indicate the existing building was constructed in 1958. At the time the building permits were finaled, the building requirements were in substantial conformance with the development standards of the City of Newport Beach Municipal Code. The building at 3700 Newport Boulevard provides its own on-site parking and is not included in Conditional Use Permit No. UP2014-014 (PA2014-002) for the renovation of Lido Marina Village. Refer to the attached Planning Commission staff report for Conditional Use Permit No. UP2014-002 that confirms this. Page 2 Zoning Compliance -PA2020-311 Tmplt: 08-15-176 The Planning Commission staff report for the installation of a rooftop mechanical screen (PA2016-151) states the building is legal nonconforming with respect to height, floor area, parking, and screening of mechanical equipment. If the subject property does not comply with the current regulations, it is nonconforming and is subject to Chapter 20.38 (Nonconforming Uses and Structures) of the Newport Beach Municipal Code. 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 properties. Please contact the Planning Division for further details on any of the following discretionary applications: •PA2011-148 - Approved by the City Council on January 10, 2012 to establish the Lido Village Design Guidelines. •PA2010-158 - Approved by the City Council on January 11, 2011 toestablish the Lido Marina Village Conceptual Plan. •PA2016-151 – Approved by the Planning Commission on September 22, 2016 to approve the installation of screen walls for rooftop equipment on a building that is nonconforming due to height. Note discretionary approvals for signage are not included in the above, but may be made available upon request. 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 pachis@newportbeachca.gov or 949-644-3237. Sincerely, On behalf of Seimone Jurjis, PE, CBO, Community Development Director By: Enclosures: Aerial Map Municipal Code Chapter 20.22 (Mixed-Use Zoning District) Table LU1 of the Land Use Element of the General Plan Page 3 Zoning Compliance -PA2020-311 Tmplt: 08-15-176 Figure LU6 of the Land Use Element of the General Plan Original Building Permit Excerpt of December 4, 2014 Planning Commission Staff Report for UP2014-014 (PA2014-002) Excerpt of September 22, 2016 Planning Commission Staff report for SD2016-006 and MD2016-013 (PA2016-151) Resolution No. 2026, approving PA2016-151 Feet Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 11/12/2020 0 200100 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 1/19 hapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU- CV/15TH ST., MU-W1, MU-W2) Sections: 20.22.010 Purposes of Mixed-Use Zoning Districts. 20.22.020 Mixed-Use Zoning Districts Land Uses and Permit Requirements. 20.22.030 Mixed-Use Zoning Districts General Development Standards. 20.22.010 Purposes of Mixed-Use Zoning Districts. The purposes of the individual mixed-use zoning districts and the manner in which they are applied are provided below. For the purpose of this Zoning Code, mixed-use projects shall comply with nonresidential standards when no mixed-use standards exist. A. MU-V (Mixed-Use Vertical) Zoning District. This zoning district is intended to provide for areas appropriate for the development of mixed-use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. B. MU-MM (Mixed-Use Mariners’ Mile) Zoning District. This zoning district applies to properties located on the inland side of Coast Highway in the Mariners’ Mile Corridor (See Figure A-5, attached to the ordinance codified in this title). Properties fronting on Coast Highway may be developed for nonresidential uses only. Properties to the rear of the commercial frontage may be developed for freestanding nonresidential uses, multi-unit residential dwelling units, or mixed-use structures that integrate residential above the ground floor with nonresidential uses on the ground floor. C. MU-DW (Mixed-Use Dover/Westcliff) Zoning District. This zoning district applies to properties located in the Dover Drive/Westcliff Drive area. Properties may be developed for professional office or retail uses, or as horizontal or vertical mixed-use projects that integrate multi-unit residential dwelling units with retail and/or office uses. D. MU-CV/15th St. (Mixed-Use Cannery Village and 15th Street) Zoning District. This zoning district applies to areas where it is the intent to establish a cohesively developed district or neighborhood containing multi-unit residential dwelling units with clusters of mixed-use and/or commercial structures on interior lots of Cannery Village and 15th Street on Balboa Peninsula. Allowed uses may include multi-unit dwelling units; nonresidential uses; and/or mixed-use structures, where the ground floor is 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 2/19 restricted to nonresidential uses along the street frontage. Residential uses and overnight accommodations are allowed above the ground floor and to the rear of uses along the street frontage. Mixed-use or nonresidential structures are required on lots at street intersections and are allowed, but not required, on other lots. E. MU-W1 (Mixed-Use Water) Zoning District. This zoning district applies to waterfront properties along the Mariners’ Mile Corridor (See Figure A-5, attached to the ordinance codified in this title) in which nonresidential uses and residential dwelling units may be intermixed. A minimum of fifty (50) percent of the allowed square footage in a mixed-use development shall be used for nonresidential uses in which marine-related and visitor-serving land uses are mixed as provided in Table 2-10. A site development review, in compliance with Section 20.52.080, shall be approved prior to any development to ensure that the uses are fully integrated and that potential impacts from their differing activities are fully mitigated. Design of nonresidential space to facilitate marine-related uses is encouraged. F. MU-W2 (Mixed-Use Water) Zoning District. This zoning district applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.22.020 Mixed-Use Zoning Districts Land Uses and Permit Requirements. A. Allowed Land Uses. Tables 2-8, 2-9, and 2-10 indicate the uses allowed within each zoning district and the permit required to establish each use, in compliance with Part 5 of this title (Planning Permit Procedures). B. Prohibited Land Uses. Any table cell with “—” means that the listed land use is prohibited in that specific zoning district. C. Applicable Regulations. The last column in the tables (“Specific Use Regulations”) may include a reference to additional regulations that apply to the use. TABLE 2-8 ALLOWED USES AND PERMIT REQUIREMENTS Mixed-Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) —Not Allowed * Land Use MU-V MU-MM (6)MU-DW MU-CV/15th St. (7) Specific Use Regulations 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 3/19 See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. Industry, Manufacturing and Processing, Warehousing Uses Handicraft Industry P P P P Industry, Marine- Related —CUP —MUP Research and Development P P P P Recreation, Education, and Public Assembly Uses Assembly/Meeting Facilities CUP CUP CUP CUP Commercial Recreation and Entertainment CUP CUP CUP CUP Cultural Institutions P P P P Schools, Public and Private CUP CUP CUP CUP Residential Uses Accessory Dwelling Units and Junior Accessory Dwelling Units P P P P Section 20.48.200 Single-Unit Dwellings Located on 1st floor ———P (3)Section 20.48.130 Located above 1st floor P (1)——P (3)Section 20.48.130 Multi-Unit Dwellings Located on 1st floor —P (1)(2)P (1)P (3)Section 20.48.130 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 4/19 Located above 1st floor P (1)P (1)(2)P (1)P (3)Section 20.48.130 Two-Unit Dwellings Located on 1st floor ———P (3)Section 20.48.130 Located above 1st floor P (1)——P (3)Section 20.48.130 Home Occupations P P (1)P P Section 20.48.130 Live-Work Units P P (1)(2)P P (3) Care Uses Adult Day Care Small (6 or fewer) P P P P Child Day Care Small (8 or fewer) P P P P Section 20.48.070 Day Care, General —MUP —MUP Section 20.48.070 Retail Trade Uses Alcohol Sales (off- sale) MUP MUP —MUP Section 20.48.030 Alcohol Sales (off- sale), Accessory Only P P P P Marine Rentals and Sales Boat Rentals and Sales CUP P —CUP Marine Retail Sales P P P P Retail Sales P P P P Service Uses—Business, Financial, Medical, and Professional ATMs P P P P Emergency Health Care/Urgent Care MUP MUP MUP MUP 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 5/19 Financial Institutions and Related Services P P P P Offices—Business P P P P Offices—Medical and Dental P P P P Offices— Professional P P P P Service Uses—General Animal Sales and Services Animal Grooming P P P P Section 20.48.050 Animal Retail Sales P P —P Section 20.48.050 Veterinary Services —CUP CUP —Section 20.48.050 Artists’ Studios P P P P Eating and Drinking Establishments Accessory food service (open to public) P P P P Section 20.48.090 Fast Food (no late hours) (4)(5) P/MUP P/MUP —P/MUP Section 20.48.090 Fast Food (with late hours) (4) MUP MUP —MUP Section 20.48.090 Food Service (no late hours) (4)(5) P/MUP P/MUP —P/MUP Section 20.48.090 Food Service (with late hours) (4) CUP CUP —CUP Section 20.48.090 Take-Out Service, Limited (5) P/MUP P/MUP —P/MUP Section 20.48.090 Health/Fitness Facilities Small—2,000 sq. ft. or less P P MUP P 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 6/19 Large—Over 2,000 sq. ft CUP CUP —CUP Laboratories ——P — Maintenance and Repair Services P P —P Marine Services Entertainment and Excursion Services P P —P Title 17 Marine Service Stations CUP ——— Personal Services Massage Establishments MUP MUP MUP MUP Chapter 5.50 Section 20.48.120 Massage Services, Accessory MUP MUP MUP MUP Section 20.48.120 Nail Salons P P P P Personal Services, General P P P P Personal Services, Restricted MUP MUP MUP MUP Studio MUP MUP MUP MUP Postal Services P P P P Printing and Duplicating Services P P P P Smoking Lounges ———— Visitor Accommodations Hotels, Motels, and Time Shares CUP CUP —CUP Bed and Breakfast Inns —CUP —— 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 7/19 Transportation, Communications, and Infrastructure Uses Parking Facility MUP MUP MUP (2)MUP (2) Marinas Title 17 Marina Support Facilities MUP MUP —MUP Utilities, Minor P P P P Utilities, Major CUP CUP CUP CUP Wireless Telecommunication Facilities CUP/MUP/LTP CUP/MUP/LTP CUP/MUP/LTP CUP/MUP/LTP Chapter 20.49 Vehicle Rental, Sale, and Service Uses Vehicle/Equipment Rentals Office Only P P P P Limited (no outdoor storage) —MUP —— Vehicle/Equipment Repair Limited —MUP —— Vehicle Sales —CUP —— Vehicle Sales, Office Only P P P — Vehicle/Equipment Services Automobile Washing —CUP —— Service Stations —CUP ——Section 20.48.210 Other Uses Accessory Structures and Uses MUP MUP MUP MUP Outdoor Storage and Display MUP MUP MUP MUP Section 20.48.140 Personal Property Sales P P P P Section 20.48.150 Special Events Chapter 11.03 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 8/19 Temporary Uses LTP LTP LTP LTP Section 20.52.040 * Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation). (1) Allowed only as part of a mixed-use development. Refer to Section 20.48.130 (Mixed-Use Projects) for additional development standards. (2) Not allowed to front onto Coast Highway. Coast Highway frontage shall be limited to nonresidential uses. See Table 2-10 (Development Standards for Vertical and Horizontal Mixed-Use Zoning Districts). (3) Not allowed on lots at street intersections unless part of a mixed-use or live-work structure. (4) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public after 11:00 p.m. any day of the week. (5) Permitted or Minor Use Permit Required. a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential zoning district. b. A minor use permit shall be required for any use that maintains late hours. (6) Properties fronting on Coast Highway shall be developed with nonresidential uses as allowed in Table 2-9. Properties to the rear of the commercial frontage may be developed for freestanding nonresidential uses, multi-unit residential dwelling units, or mixed-use structures that integrate multi-unit residential above the ground floor with nonresidential uses on the ground floor. See Table 2-10 (Development Standards for Vertical and Horizontal Mixed-Use Zoning Districts). (7) Mixed-use or commercial structures are required on lots at street intersections and are allowed, but not required, on other lots. TABLE 2-9 ALLOWED USES AND PERMIT REQUIREMENTS Mixed-Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) —Not allowed * Land Use MU-W1 (5)(6)MU-W2 Specific Use Regulations See Part 7 of this title for land use definitions. 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 9/19 See Chapter 20.12 for unlisted uses. Industry, Manufacturing and Processing, Warehousing Uses Handicraft Industry P P Industry, Marine-Related P P Research and Development P P Recreation, Education, and Public Assembly Uses Assembly/Meeting Facilities Small—5,000 sq. ft. or less (religious assembly may be larger than 5,000 sq. ft.) CUP CUP Commercial Recreation and Entertainment CUP CUP Cultural Institutions P P Parks and Recreational Facilities CUP CUP Schools, Public and Private CUP CUP Residential Uses Accessory Dwelling Units and Junior Accessory Dwelling Units P P Section 20.48.200 Single-Unit Dwellings Located on 1st floor —— Located above 1st floor P (1)P (2)Section 20.48.130 Multi-Unit Dwellings Located on 1st floor —— Located above 1st floor P (1)P (2)Section 20.48.130 Two-Unit Dwellings Located on 1st floor —— Located above 1st floor P (1)P (2) Home Occupations P P (2)Section 20.48.110 Care Uses Adult Day Care Small (6 or fewer)P P 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 10/19 Child Day Care Small (8 or fewer)P P Section 20.48.070 Day Care, General —MUP Section 20.48.070 Retail Trade Uses Alcohol Sales (off-sale)MUP MUP Section 20.48.030 Alcohol Sales (off-sale), Accessory Only P P Marine Rentals and Sales Boat Rentals and Sales P P Marine Retail Sales P P Retail Sales P P Visitor-Serving Retail P P Service Uses—Business, Financial, Medical, and Professional ATMs P P Emergency Health Facilities/Urgent Care —P Financial Institutions and Related Services (above 1st floor only) P P Financial Institutes and Related Services (1st floor) —— Offices—Business P P Offices—Medical and Dental (above 1st floor only) —P Offices—Profession P P Service Uses—General Animal Retail Sales MUP MUP Section 20.48.050 Artists’ Studios P P Eating and Drinking Establishments Accessory Food Service (open to public) P P Section 20.48.090 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 11/19 Fast Food (no late hours) (3) (4) P/MUP P/MUP Section 20.48.090 Fast Food (with late hours) (3)MUP MUP Section 20.48.090 Food Service (no alcohol, no late hours) (3)(4) P/MUP P/MUP Section 20.48.090 Food Service (no late hours) (3) MUP MUP Section 20.48.090 Food Service (with late hours) (3) CUP CUP Section 20.48.090 Take-Out Service—Limited (3) (4) P/MUP P/MUP Section 20.48.090 Health/Fitness Facilities Small—2,000 sq. ft. or less P P Maintenance and Repair Services P P Marine Services Boat Storage CUP CUP Boat Yards CUP CUP Entertainment and Excursion Services P P Marine Service Stations CUP CUP Water Transportation Services P P Personal Services Massage Establishments MUP MUP Chapter 5.50 Section 20.48.120 Massage Services, Accessory MUP MUP Section 20.48.120 Nail Salons P P Personal Services, General P P Personal Services, Restricted MUP MUP Smoking Lounges —— Visitor Accommodations 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 12/19 Hotels, Motels, Bed and Breakfast Inns, and Time Shares CUP CUP Transportation, Communications, and Infrastructure Parking Facilities MUP MUP Communication Facilities P P Heliports and Helistops (7)CUP CUP Marinas Title 17 Marina Support Facilities MUP MUP Utilities, Minor P P Utilities, Major CUP CUP Wireless Telecommunication Facilities CUP/MUP/LTP CUP/MUP/LTP Chapter 20.49 Other Uses Accessory Structures and Uses MUP MUP Outdoor Storage and Display MUP MUP Section 20.48.140 Personal Property Sales P P Section 20.48.150 Special Events Chapter 11.03 Temporary Uses LTP LTP Section 20.52.040 * Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation). (1) May only be located on lots with a minimum of two hundred (200) lineal feet of frontage on Coast Highway. Refer to Section 20.48.130 (Mixed-Use Projects) for additional development standards. (2) May only be located above a commercial use and not a parking use. Refer to Section 20.48.130 (Mixed- Use Projects) for additional development standards. (3) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week. (4) Permitted or Minor Use Permit Required. a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential zoning district. b. A minor use permit shall be required for any use that maintains late hours. 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 13/19 (5) Approval of a minor site development review, in compliance with Section 20.52.080, shall be required prior to any development to ensure that the uses are fully integrated and that potential impacts from their differing activities are fully mitigated. (6) A minimum of fifty (50) percent of the square footage of a mixed-use development shall be used for nonresidential uses. (7) Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with any and all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics. (Ord. 2020-9 § 3, 2020; Ord. 2014-1 §§ 5, 6, 2014; Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.22.030 Mixed-Use Zoning Districts General Development Standards. New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-10, in addition to the development standards in Part 3 of this title (Site Planning and Development Standards). TABLE 2-10 DEVELOPMENT STANDARDS FOR VERTICAL AND HORIZONTAL MIXED-USE ZONING DISTRICTS Development Feature MU-V MU-MM MU-DW MU-CV/15th St. Additional Regulations Lot Dimensions (1)(2) Minimum dimensions required for each newly created lot. Lot Area (2)2,500 sq. ft.10,000 sq. ft.40,000 sq. ft.5,000 sq. ft. Lot Width (2)25 ft.50 ft.100 ft.40 ft. Density Range Minimum/maximum allowable density range for residential uses. Lot area required per unit (sq. ft.) (3) Minimum: 1,631 Maximum: 2,167 (5) Minimum: 1,631 Maximum: 2,167 For property beginning 100 ft. north of Coast Hwy. Minimum: 1,631 Maximum: 2,167 Minimum: 1,631 Maximum: 2,167 (5) 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 14/19 Development Feature MU-V MU-MM MU-DW MU-CV/15th St. Additional Regulations Floor Area Ratio (FAR) (4) Mixed-use development Min. 0.35 Max. 0.50 for nonresidential Max. 1.0 for residential. Min. 0.25 Max. 0.50 for nonresidential Max. 1.0 for residential. Min. 0.25 Max. 0.50 for nonresidential Max. 1.0 for residential. Min. 0.25 Max. 0.50 for nonresidential Max. 1.0 for residential. Nonresidential only 0.75 0.50 0.50 0.50 Residential only N/A N/A N/A 1.5 Setbacks The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. Front 0 0 0 0 Side 0 0 0 0 Side adjoining a residential district 5 ft.5 ft.5 ft.5 ft. Rear 0 0 0 0 Rear adjoining residential district 5 ft.5 ft.5 ft.5 ft. Rear adjoining an alley 10 ft.5 ft.0 10 ft. Bulkhead setback 10 ft.N/A Open Space Common open space Minimum 75 square feet/dwelling unit. (The minimum dimension (length and width) shall be 15 feet.) Private open space 5% of the gross floor area for each unit. (The minimum dimension (length and width) shall be 6 feet.) Separation Distance Minimum distance between detached residential structures on same lot. 10 ft.10 ft.10 ft.10 ft. 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 15/19 Development Feature MU-V MU-MM MU-DW MU-CV/15th St. Additional Regulations Height Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. MU-V, MU-MM, and MU- CV/15th St. 26 ft. with flat roof, less than 3/12 roof pitch 31 ft. with sloped roof, 3/12 roof pitch or greater MU-DW 32 ft. with flat roof, less than 3/12 roof pitch 37 ft. with sloped roof, 3/12 roof pitch or greater Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor Storage/Display See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Chapter 20.40 (Off-Street Parking). Satellite Antennas See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). Signs See Chapter 20.42 (Sign Standards). Notes: (1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions). (2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium) purposes. (3) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or tidelands are included in land area of the lot. (4) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area of structures. (5) The minimum density may be modified or waived through the approval of a site development review. The review authority may only waive or modify the minimum density upon making the finding that the subject property contains unique site constraints that prevent the project from complying with this standard. 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 16/19 TABLE 2-11 DEVELOPMENT STANDARDS FOR WATERFRONT MIXED-USE ZONING DISTRICTS Development Feature MU-W1 (3)MU-W2 Additional Requirements Lot Dimensions (1)(2) Minimum dimensions required for each newly created lot. Lot Area Mixed-use structures 20,000 sq. ft.2,500 sq. ft. Non-mixed- use structures 10,000 sq. ft.2,500 sq. ft. Lot Width Mixed-use structures 200 ft.25 ft. Non-mixed- use structures 50 ft.25 ft. Density (4)Minimum/maximum allowable density range for residential uses. Lot area required per unit Minimum: 7,260 sq. ft. per unit Minimum: 1,631 sq. ft. Maximum: 2,167 sq. ft. (6) Floor Area Ratio (FAR) (5) Mixed-use development Min. 0.35 and Max. 0.5 for nonresidential uses. Max. 0.5 for residential uses. (3) Min. 0.35 and Max. 0.5 for nonresidential. Max. 0.75 for residential uses. Lido Marina Village Max. 1.0 for mixed-use projects Min. 0.35 Max. 0.7 for nonresidential and 0.8 residential. 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 17/19 Development Feature MU-W1 (3)MU-W2 Additional Requirements Nonresidential only 0.5 commercial only (3) 0.5 commercial only Setbacks The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. Front 0 0 Side 0 0 Side adjoining a residential district 5 ft.5 ft. Rear 0 0 Rear residential portion of mixed use N/A 5 ft. Rear nonresidential adjoining a residential district N/A 5 ft. Rear adjoining an alley N/A 10 ft. Bulkhead setback 10 ft.10 ft. Open Space N/A N/A Common open space Minimum 75 square feet/dwelling unit. (The minimum dimension (length and width) shall be 15 feet.) Private open space 5% of the gross floor area for each dwelling unit. (The minimum dimension (length and width) shall be 6 feet.) Separation Distance Minimum distance between detached structures on same lot. 10 ft.10 ft. Height Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 18/19 Development Feature MU-W1 (3)MU-W2 Additional Requirements 26 ft. with flat roof, less than 3/12 roof pitch 31 ft. with sloped roof, 3/12 roof pitch or greater Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor Storage/Display See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Chapter 20.40 (Off-Street Parking). Satellite Antennas See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). Signs See Chapter 20.42 (Sign Standards). Notes: (1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions). (2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium) purposes. (3) A minimum of fifty (50) percent of the square footage in a mixed-use development shall be used for nonresidential uses. (4) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or tidelands shall be included in land area of the site. (5) Portions of legal lots that are submerged lands or tidelands shall be included in the net area of the lot for the purpose of calculating the allowable floor area of structures. (6) The minimum density may be modified or waived through the approval of a site development review. The review authority may only waive or modify the minimum density upon making the finding that the subject property contains unique site constraints that prevent the project from complying with this standard. (Ord. 2013-9 §§ 1, 2, 2013; Ord. 2010-21 § 1 (Exh. A)(part), 2010) The Newport Beach Municipal Code is current through Ordinance 2020-24, passed October 13, 2020. Disclaimer: The City Clerk’s office has the official version of the Newport Beach Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above. 11/12/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2022.html#20.22 19/19 City Website: https://www.newportbeachca.gov/ City Telephone: (949) 644-3005 Code Publishing Company CO A S T NEWPORTAVE N UESU PE RI O R WE S T HIGHWAY BL V D BA L B O A BLVDBAL B O A BL V DAVE N UE BAL B O A BL V D EAS TO R AN G ESAN T AAVE N UE T US T I NAN AAVE N UEAVENUEIRVINEDOVERDRIVE DR UNIVERSITY CO A S T HIGHWAY EASTJAMBOREERO ADDRCENTERNEWPORTNEWPO RT CENTER DRIVE WESTEASTSA N JOA QUIN HILLS ROADMA CA RTHURBLVDHILLRDAVEMARGUERITE SPYGLASSSAN MIGUELDRIVENEW P ORT CO ASTDRIVENEWP O R T COASTDRIVE FORD ROAD BISO N AVENU EEASTBLUFFDRIVEUNIVERSITY DR RO ADJAMBO RE E BL V DVON KAR M ANAVE N UEMA CA R T H U R DRIV E CAMPUSBR I S T O L ST R E E T CO R O N A D E L M A R F R E E W A Y SA N JO A Q U I N HIL L S TRANSPORTATION CORRIDORAVE N UET US T I N BONITA CANYON DRIVE N L1 A1 L3 J5 L2 L4 K2 M5 M6 K1 J6 M4J1 M1 M2 J4 F1 M3 H2 H3 F3 A2 J2 K3 J3 A3 G1 D3 B5 H4 B2 D4 F4 B4 D1 H1 F8 F2 J6 D2 B1 C2 F5 F7 F6 C1 E2E1 B3 F9 E3 CO A S T NEWPORTAVE N UESU PE RI O R WE S T HIGHWAY BL V D BA L B O A BLVDBAL B O A BL V DAVE N UE BAL B O A BL V D EAS TO R AN G ESAN T AAVE N UE T US T I NAN AAVE N UEAVENUEIRVINEDOVERDRIVE DR UNIVERSITY CO A S T HIGHWAY EASTJAMBOREERO ADDRCENTERNEWPORTNEWPO RT CENTER DRIVE WESTEASTSA N JOA QUIN HILLS ROADMA CA RTHURBLVDHILLRDAVEMARGUERITE SPYGLASSSAN MIGUELDRIVENEW P ORT CO ASTDRIVENEWP O R T COASTDRIVE FORD ROAD BISO N AVENU EEASTBLUFFDRIVEUNIVERSITY DR RO ADJAMBO RE E BL V DVON KAR M ANAVE N UEMA CA R T H U R DRIV E CAMPUSBR I S T O L ST R E E T CO R O N A D E L M A R F R E E W A Y SA N JO A Q U I N HIL L S TRANSPORTATION CORRIDORAVE N UET US T I N BONITA CANYON DRIVE N L1 A1 L3 J5 L2 L4 K2 M5 M6 K1 J6 M4J1 M1 M2 J4 F1 M3 H2 H3 F3 A2 J2 K3 J3 A3 G1 D3 B5 H4 B2 D4 F4 B4 D1 H1 F8 F2 J6 D2 B1 C2 F5 F7 F6 C1 E2E1 B3 F9 E3 GENERAL PLANOVERVIEW MAP CITY of NEWPORT BEACHGENERAL PLAN Figure LU1 Industrial Districts Commercial Office Districts General Commercial OfficeCO-G Medical Commercial OfficeCO-M Regional Commercial Office CO-R Public, Semi-Public and Institutional Private Institutions Single-Unit Residential Attached Single-Unit Residential Detached RS-A Residential Neighborhoods RS-D Two-Unit ResidentialRT RS-A Multiple-Unit Residential Detached Multiple Unit Residential RM-D RM Commercial Districts and Corridors General Commercial Recreational and MarineCommercial Neighborhood Commercial CN Corridor CommercialCC CG CV Visitor Serving Commercial CM Regional Commercial CR Airport Supporting Districts Airport Office and Supporting UsesAO Mixed -Use Districts Mixed Use VerticalMU-V Mixed Use HorizontalMU-H Mixed Use Water RelatedMU-W IndustrialIG Public FacilitiesPF Open Space PR Parks and Recreation OS Open Space / Residential Village(Residential uses, if not acquired as permanent open space) City of Newport Beach Boundary 0 10.5 Miles Tidelands and Submerged LandsTS PI Multiple-Unit Residential /Open SpaceRM/OS Overview Map Only See Figures LU2 through LU15 Statistical Area Boundary OS(RV) LU1_GP_Overview.mxd 09/22/2020 Visitor Serving Commercial Lido VillageCV-LV !56 !8556TH ST55TH STSTREET52ND47TH ST48TH ST49TH50THSTREETWES T BAL BOA B LVD51STOCEA N DRIV E LIDOSANDS DRS U PERIOR AVE FRON T AVE N U ESTREETSTREET54THNEPT U N E AVEN U E HIG H W A Y DRIVE NEWPORTOLDWESTCOAST HWY W D R IV ENEWPORTHOAG53RDSEAS H O R E SANTA ANARIVERSIDEDRIVEC LI FF REDLANDSCLIFF DR TUSTIN AVESTREET AVENU ELA JOLLA SANTA AVEAV O N A N A WEST ST38TH41ST42NDSTREETBA L B O A STREETDR I V ESTREETWE S T RIV E R A V E BL V D PLACE 44THCHANNEL 43RDSTREETSTREETSTREETOCEAN FR O N T SEASHORE 39THNEP T U N E A V E48TH 45TH46THSTREET47TH ST40THSTREETOPORTOVIA MALAGA LI D O 32ND STREET WAY30TH STREET STREET BL V D BLVDDR I V E SE A S H O R E OC E A N F R O N T W E S T 32ND33RDSTREET34TH34TH ST35THSTREETAV E N U E36THSTREETAV E N U E MA R C U S STREETSTREET31ST FINLEYAVE NEWPORTVIAAVE VI A AVE 38TH ST38THST39TH ST37TH STLA N E LA K E40THMARCUS FINLEY AVE39THST ST CLUBHOUSESH O R T 35TH STFI N L E Y AV E36TH STREETCENTRALAVENUECHANNEL PLACE BALBOA AVEVILLALAFAYETTE40THPA R K BA L B O A VI A L I D O S O U D LI D O P A R K D R NORD COVES VIA DIJON20TH STPLACEA R CADE AVE22ND ST 22NDST 26TH ST THE MCFADDEN21ST ST26TH25THSTREET24TH23RD STBA L B O A O C E A N 27THSTREETSTREETSTREETFR O N T 29TH AVEWAY VI L L A STREET 31STW E S TSTREETSTREET30TH29TH 28T H ST R E ETSTREET32ND STVIA AN TI B E S BA R C ELONAVIA VIA CORDOVALIDO WEST AVON S T COAS T HIGH W A Y EL MODENA AVEAVE RIVERSIDETUSTINAVENUECLIF F P LVIAOCEANVIEW P A RKBL V D BLVDNEWPORTN EW P O R T BLVDCOU R TLAFAYETTE 28TH ST 18THBALBOABLVD W20TH STPLACE CA B R I L L O S T STREETVILELLE DRCHA N N E L R D FRE M O N T B E A C H W A Y EL P A S E ONOMADDRA K E S T ST D R BAYAVEWST B E A C H SHIPYARD WAY SHIPYARD WAYANZ A S T BOL I V A R AN C H O R AG E BAY AVE W 15TH STGENOA VIA LID O SO U D GRAZIANAEBOLIFIRENZEPIAZZA VIA FLOR E N C E GENOAVIAVIAVIAVIAVIAVIA HAVRESTREET19THVIA FERMO PIAZZ A VIA LID O S O U D STOCEAN ST16THFRONT 15TH STWEST17TH 14THBALBOA BLVD WSTLA JOLLA LA NE RS-D CV-LV CG RMCN RM RT PF 0.5CV MU-W2 156 du 5 duRM RM36 /ac RM CN PR RT MU-W2 MU-W2PI PF MU-H4 PR 20 /ac RT 36 /ac RM5 du RM CC CC CV RS-D PR PR CG MU-W2 CG CM PF CM 0.5 0.3 28 du 0.5 0.3 0.5 0.75 0.75 0.5 0.5 0.3 RM 217 du CM 0.5 CV 0.5 RM 34 du MU-V CV0.5 !78 H2A3 B5 H4 B2 B4 D1 B3 C1 !56 !8556TH ST55TH STSTREET52ND47TH ST48TH ST49TH50THSTREETWES T BAL BOA B LVD51STOCEA N DRIV E LIDOSANDS DRS U PERIOR AVE FRON T AVE N U ESTREETSTREET54THNEPT U N E AVEN U E HIG H W A Y DRIVE NEWPORTOLDWESTCOAST HWY W D R IV ENEWPORTHOAG53RDSEAS H O R E SANTA ANARIVERSIDEDRIVEC LI FF REDLANDSCLIFF DR TUSTIN AVESTREET AVENU ELA JOLLA SANTA AVEAV O N A N A WEST ST38TH41ST42NDSTREETBA L B O A STREETDR I V ESTREETWE S T RIV E R A V E BL V D PLACE 44THCHANNEL 43RDSTREETSTREETSTREETOCEAN FR O N T SEASHORE 39THNEP T U N E A V E48TH 45TH46THSTREET47TH ST40THSTREETOPORTOVIA MALAGA LI D O 32ND STREET WAY30TH STREET STREET BL V D BLVDDR I V E SE A S H O R E OC E A N F R O N T W E S T 32ND33RDSTREET34TH34TH ST35THSTREETAV E N U E36THSTREETAV E N U E MA R C U S STREETSTREET31ST FINLEYAVE NEWPORTVIAAVE VI A AVE 38TH ST38THST39TH ST37TH STLA N E LA K E40THMARCUS FINLEY AVE39THST ST CLUBHOUSESH O R T 35TH STFI N L E Y AV E36TH STREETCENTRALAVENUECHANNEL PLACE BALBOA AVEVILLALAFAYETTE40THPA R K BA L B O A VI A L I D O S O U D LI D O P A R K D R NORD COVES VIA DIJON20TH STPLACEA R CADE AVE22ND ST 22NDST 26TH ST THE MCFADDEN21ST ST26TH25THSTREET24TH23RD STBA L B O A O C E A N 27THSTREETSTREETSTREETFR O N T 29TH AVEWAY VI L L A STREET 31STW E S TSTREETSTREET30TH29TH 28T H ST R E ETSTREET32ND STVIA AN TI B E S BA R C ELONAVIA VIA CORDOVALIDO WEST AVON S T COAS T HIGH W A Y EL MODENA AVEAVE RIVERSIDETUSTINAVENUECLIF F P LVIAOCEANVIEW P A RKBL V D BLVDNEWPORTN EW P O R T BLVDCOU R TLAFAYETTE 28TH ST 18THBALBOABLVD W20TH STPLACE CA B R I L L O S T STREETVILELLE DRCHA N N E L R D FRE M O N T B E A C H W A Y EL P A S E ONOMADDRA K E S T ST D R BAYAVEWST B E A C H SHIPYARD WAY SHIPYARD WAYANZ A S T BOL I V A R AN C H O R AG E BAY AVE W 15TH STGENOA VIA LID O SO U D GRAZIANAEBOLIFIRENZEPIAZZA VIA FLOR E N C E GENOAVIAVIAVIAVIAVIAVIA HAVRESTREET19THVIA FERMO PIAZZ A VIA LID O S O U D STOCEAN ST16THFRONT 15TH STWEST17TH 14THBALBOA BLVD WSTLA JOLLA LA NE RS-D CV-LV CG RMCN RM RT PF 0.5CV MU-W2 156 du 5 duRM RM36 /ac RM CN PR RT MU-W2 MU-W2PI PF MU-H4 PR 20 /ac RT 36 /ac RM5 du RM CC CC CV RS-D PR PR CG MU-W2 CG CM PF CM 0.5 0.3 28 du 0.5 0.3 0.5 0.75 0.75 0.5 0.5 0.3 RM 217 du CM 0.5 CV 0.5 RM 34 du MU-V CV0.5 !78 H2A3 B5 H4 B2 B4 D1 B3 C1 STATISTICAL AREAB3, B4, B5 CITY of NEWPORT BEACHGENERAL PLAN Figure LU6 Industrial Districts Commercial Office Districts General Commercial OfficeCO-G Medical Commercial OfficeCO-M Regional Commercial Office Public, Semi-Public and Institutional Private Institutions Single-Unit Residential Attached Single-Unit Residential Detached RS-A Residential Neighborhoods RS-D Two-Unit ResidentialRT RS-A Multiple-Unit Residential Detached Multiple Unit Residential RM-D RM Commercial Districts and Corridors General Commercial Recreational and Marine Commercial Neighborhood Commercial CN Corridor CommercialCC CG CV Visitor Serving Commercial CM Regional Commercial CR Airport Supporting Districts Airport Office and Supporting UsesAO Mixed -Use Districts Mixed Use VerticalMU-V Mixed Use HorizontalMU-H Mixed Use Water RelatedMU-W IndustrialIG Public FacilitiesPF Open Space PR Parks and Recreation OS City of Newport Beach Boundary Statistical Area Boundary Land Use Delineator LineRefer to anomaly table B4 0 1,000500 Feet Tidelands and Submerged LandsTS PI CO-R LU6_Cannery.mxd 03/10/2016 2010-105 GP2010-005 PA2010-052 09/14/2010 Change MU-W2 to CV 0.5 for the properties located at 2102 W. Ocean Front and 2306 W. Ocean Front ;Change Lido Peninsula to RM and CM, establishing Anomaly 78and CM 0.5 from MU-W3Change RM 20 du/ac to MU-W2 for the property located at 3366 Via Lido. CC Resolution No.GPA No.Project No.Adopting Date Description 2013-26 (re-adopted)2011-79 GP2011-003 PA2011-024 03/12/201306/28/2011 Change RM 20 du/ac to MU-V for the propertylocated at 3363 Via Lido.(11/15/2012)* *California Coastal Commission Approval 2010-105 GP2011-010 PA2011-209 03/27/2012 Change RT to CV 0.5 FAR or the propertylocated at 200 30th Street(11/15/2013*) 2013-77 GP2012-005 PA2012-146 11/12/2013(03/12/2014*)Change PI 0.75 FAR to RM 20 du/ac for the propertylocated at 3303 Via Lido Visitor Serving Commercial Lido VillageCV-LV 2016-29 GP2012-002 PA2012-031 02/09/2016 Change PF to newly established designation of CV-LV andestablishment of Anomaly 85 for the property located at3300 Newport Boulevard and 475 32nd Steet.(03/10/2016*) CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 4, 2014 Meeting Agenda Item 4 SUBJECT: Lido Marina Village - (PA2014-002) 3636 Newport Boulevard, 3418-3444 Via Lido, 3400-3450 Via Oporto, and 3431-3505 Via Oporto Conditional Use Permit No. UP2014-014 APPLICANT: Lido Group Retail, LLC PLANNER: Makana Nova, Assistant Planner (949) 644-3249, mnova@newportbeachca.gov PROJECT SUMMARY Lido Group Retail, LLC, requests a conditional use permit for a reduction in on-site parking requirements in conjunction with the renovation and reauthorization of uses within Lido Marina Village. The applicant is in the process of renovating the project to create an upscale, but casual, shopping, dining, and entertainment district while retaining the coastal charm of the Lido Village. Interior and exterior of buildings, streetscape, and waterfront boat slips will be renovated, and remodeled. The improvements and changes do not require discretionary permits and are not part of the subject Conditional Use Permit application. The requested reduction in on-site parking requirements is based upon anticipated parking demand over time, taking into account the various existing and proposed uses for the site. A parking demand study has been prepared to support the requested parking reduction. The applicant’s proposal also includes a Parking Management Plan (PMP), which includes: a comprehensive strategy to manage the existing parking structure; valet operations; improvements to facilitate increased mobility for bicycles, pedestrians, and boats; the provision for future off-site parking if parking demand exceeds on-site supply; and limits on uses which generate higher parking demand. The PMP includes a phased approach where only a portion of the vacant retail and restaurant spaces in Lido Marina Village would be leased and parking demand would be monitored to determine if additional uses could be accommodated with existing parking resources, or if not, the applicant would secure off-site parking, consistent with the Zoning Code. RECOMMENDATION 1)Conduct a public hearing; and 2)Adopt Resolution No. , approving Conditional Use Permit No. UP2014-014 (PA2014-002) subject to the findings and conditions of approval (Attachment No. PC 1). 1 PA2016-035 Lido Marina Village Planning Commission, December 4, 2014 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE MU-W2 (Mixed-Use Water Related) MU-W2 (Mixed-Use Water Related) Retail, Office, Fitness Facility NORTH Newport Harbor Newport Harbor Newport Harbor SOUTH CG (General Commercial) CG (Commercial General) Via Lido Plaza Retail Shops EAST Newport Harbor Newport Harbor Newport Harbor WEST RT (Two-Unit Residential) RT (Two-Unit Residential) Single-Unit and Two-Unit Residential 3450 Via Oporto Lido Shops 3700 Newport Boulevard Elk’s Lodge Parking Structure 2 PA2016-035 PA2016-035 SWIM P;;:t'H. 0,. aaau~. Lido Marina Village Planning Commission, December 4, 2014 Page 3 INTRODUCTION Project Setting The site is located at the northeast corner of the intersection of Via Lido and Newport Boulevard. The project site is low-lying, relatively flat, and roughly triangular in shape. It is bounded to the south across Via Lido by retail shops known as Via Lido Plaza, to the north and east by Newport Bay, and to the west across Newport Boulevard by single family and two-family residences. The site is approximately 3.53 acres with an existing public boardwalk along a portion of the waterfront of Newport Bay. The existing development consists of a series of individual parcels developed with a mixture of retail, office, restaurant, marine-related tenant spaces, and a marina. Lido Marina Village includes approximately 112,000 gross square feet of commercial building area and a 47-slip marina. The site has historically accommodated retail, office, restaurants, fitness facilities, and entertainment and service uses. Today, there is close to a 50 percent vacancy rate according to the applicant. The project site is primarily served by a 343-space parking structure and on-street parking along Central Avenue, Via Oporto, and a private alley that traverse the site. The property is in the MU-W2 (Mixed-Use Water Related) Zoning District. Refer to the site photos provided as Attachment No. PC 2. The Lido Shops (3400 to 3420 Via Lido) and Elk’s Lodge (3456 Via Oporto) properties are not controlled by the applicant, but function as part of the Lido Marina Village due to the location, as patrons likely utilize project parking from time-to-time. Additionally, while also controlled by the applicant, the office building at 3700 Newport Boulevard provides its own on-site parking, although it does not provide the minimum required by the Zoning Code. These three sites are not a part of the subject application. Refer to the vicinity map on Page 2 of the report identifying the project boundaries. Background At its meeting on December 14, 1972, the Planning Commission approved Use Permit No. 1636 permitting construction of a 367-space, 5-story public parking garage. The project was approved in conjunction with the remodeling of the existing buildings and the addition of new buildings across Via Oporto fronting the bay. The parking structure contained new commercial spaces and provided parking for both the new buildings and the existing remodeled buildings from 3400 to 3432 Via Oporto. The project area fronting the bay was developed with primarily residential apartments but included some retail and office space. The initial project area consisted of approximately 60,000 square feet of retail and office space. The project area was located on both sides of Via Oporto, bounded at the southern end by 3388 Via Lido, and at the northern end by 3440 Via Oporto. Refer to the attached exhibit for a graphic depiction of the original project area (Attachment No. PC 3). 3 PA2016-035 Lido Marina Village Planning Commission, December 4, 2014 Page 4 Twenty-four parking spaces within the parking structure were provided through a private parking agreement for a bank building (3444 Via Lido) and the Lido Shops (22,000 sq. ft.) fronting the north side of Via Lido. The parking agreement expired on December 31, 2008. At the time the parking structure was constructed, a surplus of parking spaces was provided (248 spaces were initially required). The parking requirement at that time did not require the adjoining marina to be taken into account. Presently, there are 47 boat slips in Lido Marina Village. Over time, the number of uses that rely upon the parking structure to satisfy code required parking has increased as various restaurants obtained use permits from the City. Parking for restaurants was partially waived and required parking was satisfied by the structure based on a parking pool concept where different uses operate at different times and one parked car may lead to visits to multiple businesses thereby reducing parking demands. Today, existing authorized restaurant uses within Lido Marina Village are the single most contributing factor to parking demand; however, excursion services operating at the marina generate significant parking demand on a periodic basis with larger charters. Lido Marina Village has operated with a high vacancy rate for the last decade or more according to the applicant and as a result, parking demand has not exceeded supply. If all the buildings within the Village are parked at the retail parking rate of one parking space per 250 gross square feet of floor area, there would be a deficiency of 449 parking spaces. Since the majority of the structures in Lido Marina Village do not provide on-site parking, patrons of the area typically seek parking in the parking structure or on the streets. Electra Cruises (Electra), which leases several boat slips in the marina from the applicant to operate excursion vessels, generates additional parking. According to the applicant, they are not obligated by their lease to provide Electra with parking. Given the number of high vacancies in the Village, sufficient parking has historically been available in the parking structure for Electra to operate. Electra charters boats with up to 300 guests and crew on a periodic basis for harbor excursions such as weddings, group parties, and dinner cruises. The Zoning Code requires excursion services to provide one parking space for every three passengers and crew. Thus, up to 100 additional parking spaces are required to accommodate Electra’s operations. Actual parking demand for Electra varies throughout the week based on the size and number of charters. Data provided by Electra shows that up to 138 vehicles can be demanded for a typical peak day; however, actual parking demand fluctuates based upon the size and type of event and whether group transportation is employed. Charters are reviewed and approved on a weekly basis by the applicant based on the availability of parking in the structure. Upon confirmation of the availability of parking, Harbor Resources staff may issue a Marine Activities Permit (MAP) for the 4 PA2016-035 Lido Marina Village Planning Commission, December 4, 2014 Page 5 week’s charters. As a result of this periodic authorization procedure, Electra is not considered a permanent land use that would require the permanent parking or the approval of a parking waiver by the City. Parking for Electra is not a component of the Use Permit application and they will continue to be reviewed through the MAP process, which requires securing parking for their periodic charters. If parking cannot be secured by Electra, then the MAP will not be issued. Lido Marina Village Renovation The subject CUP addresses land use and parking and is associated with an ongoing effort by the applicant to renovate Lido Marina Village. The physical changes to the area are not a part of this CUP as no component of the renovation requires discretionary approval by the Zoning Code. Lido Marina Village will be renovate by the applicant to create an upscale, but casual atmosphere, while retaining the coastal charm of the Lido community. The interior and exterior of buildings, streetscape improvements, waterfront boardwalk, and marina will be renovated and remodeled as follows (Refer to the renovation phasing exhibit, Attachment No. PC 4): 1. Parking structure. Exterior façade improvements, signage, and lighting. Interior improvements include restriping of the fifth level parking configuration, addition of valet parking areas, and new interior lighting and way-finding signage. (status: under construction) 2. 3442 and 3444 Via Lido “Bank Building.” Exterior renovation including paint, lighting, signage, and retail display. Interior improvements include tenant improvements to accommodate new retail tenants. (status: under construction) 3. 3700 Newport Boulevard. Exterior renovation including new paint and materials, landscape, lighting, signage, and window replacement. Interior improvements include tenant improvements to accommodate new office tenants. (status: plans being prepared by project architect) 4. 3400-3428 Via Lido “Lido Shops”. Exterior façade improvements of existing tenant spaces including new paint, awnings, landscape, signage, and lighting. Interior improvements include tenant improvements to accommodate new retail tenants or maintain existing tenants in place. (status: under construction) 5. 3400-3448 Via Oporto. Exterior renovations including new paint, roof, doors and windows, landscape and hardscape, and lighting. Interior improvements include tenant improvements to accommodate new office, retail, and restaurant tenants consistent with the existing mix of uses. (status: plans being prepared by project architect) 6. 3450 Via Oporto. Exterior renovation of the existing building including new facades, doors and windows, the structure, landscape, lighting, and outdoor dining. Proposed interior improvements include separating the existing building into two separate 5 PA2016-035 Lido Marina Village Planning Commission, December 4, 2014 Page 6 restaurant uses along with limited retail space at the ground floor level. (status: specific tenants have not yet been identified) 7. Rights-of-way. Eliminate parallel parking on Central Avenue and increase the number of parking stalls by adding angled parking. Renovate the entire streetscape along Via Oporto by demolishing the existing circular planter/roundabout to improve traffic flow and adding parallel parking along the northeast street side with curved landscape planters to separate pedestrian and vehicular traffic. Additionally, sidewalk improvements, signage, landscaping, and new street lighting are proposed throughout the project site. (status: City Council to review the proposed changes to existing non-standard improvements within the public right-of-way on November 25, 2014) 8. Boardwalk and Marina. Renovation of the existing boardwalk frontage and reconfiguration of the existing slip configuration to reduce the number of slips from 47 slips to approximately 43 slips. (status: pending coordination with Harbor Resources and the City to establish the scope of work) The components listed above do not require discretionary approval and are not part of the subject conditional use permit. Staff has reviewed a comprehensive project description and plans (Attachment No. PC 5), and determined that the planned improvements are consistent with the architectural themes and goals prescribed in the Lido Marina Village Design Guidelines. The first two phases are currently underway. Project Description The planned renovation of Lido Marina Village does not include an increase in building floor area; however, the applicant seeks to expand outdoor patios for restaurants along the waterfront, which affects parking requirements. The conditional use permit serves to re-authorize existing uses for parking purposes and sets floor area limits for land uses within the Lido Marina Village. Additionally, Conditional Use Permit No. 2014-014 will supersede and replace Use Permit No. 1636. Table 1 provides a basic summary of the proposed land uses. 6 PA2016-035 Lido Marina Village Planning Commission, December 4, 2014 Page 7 Table 1 Proposed Land Use Summary Land Use Gross Floor Area Percent of Total Retail1 44,277 39% Office 30,217 26% Restaurants2 23,996 21% Outdoor Dining Patios 5,463 4% Health & Fitness 12,072 10% Nail Salon 1,467 1% Marina 43 slips3 N/A TOTAL 112,0294 100% 1 Includes a market and take-out-service limited food uses 2 3450 Via Oporto encompasses 16,377 square feet 3 47 slips currently 4 Total only includes building area and does not include outdoor patios Refer to the Land Use Summary (Attachment No. PC 6), for a detailed overview of the existing and proposed land uses within the project summarized below: 1. 3450 Via Oporto (formerly The Warehouse Restaurant). The existing restaurant building at 3450 Via Oporto would possibly be split into two separate restaurants to create more efficient spaces. The interior space may be swapped to create a new outdoor dining patio on the second level and this change would not result in any new floor area being added to the existing building. 2. Outdoor Dining Patios. The existing non-exclusive outdoor dining patios at 3408, 3412, 3416, and 3420 Via Oporto, would be expanded and converted to private dining areas for planned adjoining restaurants. 3. 3636 Newport Boulevard. A new restaurant within an existing pad building and private outdoor dining patio is proposed where a boat rental and sales facility currently operates. 4. Restaurants. The conditional use permit and parking management plan would establish a maximum of 24,000 square feet for restaurants and 5,463 square feet of exclusive outdoor dining patios. Restaurants could potentially occupy any space within project boundaries but would not be permitted to exceed these limits. 5. 3442 and 3444 Via Lido. The vacant building, formerly a bank and other retail uses, and the abutting retail building at 3442 Via Lido would be combined into one large tenant space to accommodate a new small specialty market. 6. 3420 Via Lido. A new nail salon is proposed within the existing retail tenant space. 7. 3424-3432 Via Oporto. Existing retail tenant spaces would be converted to a collection of small restaurants classified by the Zoning Code as take-out service limited 7 PA2016-035 Lido Marina Village Planning Commission, December 4, 2014 Page 8 establishments. These uses would continue to be parked at the retail parking rate based on the Zoning Code parking requirements. 8. Retail/Office. The remainder of the floor area would be utilized for retail at the first level and for office at the second level. 9. Health & Fitness. The existing Curves health and fitness facility would remain but would be reduced in size. Table 2 provides a summary of available parking: Table 2 AVAILABLE PARKING Existing Change Total Parking Structure 343 +2 345 Valet Parking (in structure) 19 -6 13 Private Alley 10 0 10 Public Spaces* 36 +18 54 TOTAL 408 +14 422 * Public street and municipal parking spaces are not counted toward code required parking supply. Parking Management Plan (PMP) When a Conditional Use Permit for a parking reduction is requested, Section 20.40.110 requires the preparation of a Parking Management Plan (PMP). The purpose of a PMP is to mitigate any impacts associated with the requested parking waiver. The applicant has prepared a PMP as an integral component of the requested parking waiver to ensure that parking demand is satisfied (Attachment No. PC 7). The PMP includes the following items: 1. Parking Garage Management. The changes to the parking structure include painting, new wayfinding signs, ticket dispensers, and modern pay stations. During peak periods, the applicant plans to provide customer service ambassadors to assist patrons in efficient operations. 2. Valet Parking Management. Valet parking will be provided as a convenience and when peak parking demands occur. Three valet drop-off spaces are planned in front of 3450 Via Oporto. The drop-off, valet circulation plan, and valet parking areas within the parking structure will increase parking supplies, make more efficient use of the structure, and provide a convenient service for patrons. Public Works has reviewed the plan and determined it is appropriate for the project. 3. Public/Municipal Parking. The applicant plans to modify existing improvements in Via Oporto and Central public rights-of-way to create additional spaces. These spaces will remain publicly accessible. Public parking also exists at the terminus of Central Avenue and along Via Lido fronting the project site. While not used to satisfy 8 PA2016-035 Lido Marina Village Planning Commission, December 4, 2014 Page 9 Code required parking, the 54 public spaces will likely be utilized by patrons of the Village, but these public spaces are not exclusively available to the project nor will they be controlled by the applicant. 4. Mobility Improvements for Bicycles, Pedestrians and Boats. The applicant will be improving the pedestrian experience throughout the project site to encourage walking. The existing site has racks for 20 bicycles and 40 additional are planned to be added in strategic locations to foster increased ridership. The applicant will also be constructing a new public dock at the end of Central Avenue to accommodate smaller watercraft and promote greater access to the water. These improvements are intended to benefit the project and reduce vehicle traffic and parking demand in the area. 5. Off-Set Hours and Off-Site Parking. The parking demand analysis shows that the various land uses will mostly have off-setting hours; however, restaurants will generate distinct spikes in parking demand where valet operations will be necessary. Off-site parking may also be necessary. Although not described in detail in the PMP, the applicant requests the Planning Commission authorize off-site parking should it become necessary in the future. When it is determined that off-site parking is necessary, specific location(s) would be identified to satisfy the requirements of the Zoning Code and this Use Permit, and will be subject to approval by the Community Development Director. 6. Land Use Limits. The parking demand analysis shows that the project will be deficient by 100 spaces at full build-out. The PMP includes two occupancy scenarios where only portions of the project would be occupied leaving some suites temporarily vacant. A subsequent parking demand study would be prepared where the parking needs for the remainder of the project could be identified and compared to the observed supply to determine if sufficient on-site spaces are available. If there is a parking deficit, off-site parking would be required. DISCUSSION General Plan/Zoning Code The Land Use Element of the General Plan and Zoning Code designates the properties within Lido Marina Village as Mixed-Use Water Related (MU-W2). Permitted uses include commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent 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. The existing and proposed mix of retail, restaurants, marine-related tenants, and professional offices are consistent with this land use designation and zoning district. 9 PA2016-035 Lido Marina Village Planning Commission, December 4, 2014 Page 10 Applicable General Plan Land Use Policies follow:  Policy LU 6.8.3 (Marine-Related Businesses) – Protect and encourage marine- related businesses to locate and expand on the Peninsula unless present and foreseeable future demand for such facilities is already adequately provided for in the area.  Policy LU 6.8.4 (Shared Parking Facilities) – Encourage the development of shared parking facilities and management programs among private property owners that provides for adequate parking for residents, guests, and business patrons.  Policy LU 6.8.5 (Quality of Place/Streetscapes) – Develop a plan and work with property owners and businesses to fund and implement streetscape improvements that improve Balboa Peninsulas’ visual quality, image, and pedestrian character. This should include well-defined linkages among individual districts, between the ocean and Bay, and along the Bay frontage, as well as streetscape and entry improvements that differentiate the character of individual districts.  Policy LU 6.9.1 (Lido Village Priority Uses) – 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 breakfast, inns), and mixed-use buildings that integrate residential with retail uses [areas designated as “MU-W2”, Subarea “A”]. A portion of the Harbor frontage and interior parcels may also contain multi-family residential [designated as “RM (20/ac)”, and the parcel adjoining the Lido Isle Bridge, a recreational and marine commercial use [designated as “CM (0.3)”].  Policy LU 6.9.2 (Lido Village Discouraged Uses) – Discourage the development of new office uses on the ground floor of buildings that do not attract customer activity to improve the area’s pedestrian character.  Circulation Element Goal CE 7.1 of an adequate supply of convenient parking throughout the City. This proposal provides a land use mix appropriate for Lido Marina Village and is consistent with these policies. The proposed land use mix is consistent with priority uses for the Lido Village, emphasizing visitor-serving and retail uses at the ground floor level and focusing office uses at the second and third floor levels. None of these uses would preclude the use of these spaces for marine-related business since they have a lower parking demand than typical retail or office uses. The Conditional Use Permit will limit uses so that parking demand does not exceed supply. The Lido Marina Village parking structure will continue to be publically accessible. Implementation of the PMP will serve to optimize parking, and when needed, off-site parking will accommodate additional project-related demand. Staff believes the project land uses and the parking arrangements are consistent with these General Plan goals and policies. 10 PA2016-035 Lido Marina Village Planning Commission, December 4, 2014 Page 11 The existing structures within Lido Marina Village are nonconforming to the 0.5 Floor Area Ratio (FAR) established within the MU-W2 Zoning District. The proposed project does not involve any expansion of existing building area. Coastal Land Use Plan and Coastal Access The project site is located in the coastal zone and the 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 and proposed mix of retail, restaurants, marine-related tenants, and professional offices are consistent with this land use designation. The following Coastal Land Use Plan Policies are applicable:  Policy 3.1.1-13 – Require a direct dedication or an Offer to Dedicate (OTD) an easement for lateral public access for all shorefront development causing or contributing to adverse public access impacts. Such dedication or easement shall extend from the limits of public ownership (e.g. mean high tide line) landward to a fixed point seaward of the primary extent of the development (e.g. intersection of the sand with toe or top of revetment, vertical face of seawall, dripline of deck, or toe of bluff).  Policy 3.1.1-17 - Require new development in waterfront commercial areas to provide public access easement to and along the waterfront. Where appropriate, integrate public access easements into the project designs, such as restaurants with outdoor waterfront dining areas and boarding areas for charter or excursion vessels.  Policy 3.1.1-20 - Extend the Lido Marina Village boardwalk across all of the waterfront commercial properties in Lido Village.  Policy 3.1.1-28 – Encourage the creation of waterfront public spaces and beaches, with adjacent water access and docking facilities that serves as the identity and activity “centers” of Newport Harbor for special events of community/regional interest. The project must provide adequate vertical and horizontal coastal access to Newport Bay consistent with Coastal Land Use Plan policies. Lido Marina Village currently provides horizontal access within a 6-foot wide pedestrian easement which includes the boardwalk adjacent to the marina from 3400 to 3432 Via Oporto. Horizontal access does not extend across the full project site. One vertical access point is currently provided between 3424 and 3432 Via Oporto, which is through an existing building planned as a small food court. A map of existing access easements is provided in Attachment No. PC 8. 11 PA2016-035 Lido Marina Village Planning Commission, December 4, 2014 Page 12 Vertical Access - Staff is recommending two public walkways between Via Oporto and the waterfront walkway be provided in addition to the existing access easement between 3424 and 3432 Via Oporto. The first would be located between 3444 and 3450 Via Oporto and the second would be to the east of the current easement with the location to be determined later. The walkways would be between existing buildings in appropriate locations based upon the applicant’s improvement plans but would not be secured by a recorded easement. Conditions of approval would require the walkways be provided and maintained for public access. Horizontal Access - The applicant desires to create exclusive outdoor patios bayward of existing buildings; however, the existing horizontal access easement prevents this. The applicant plans to relocate the walkway by extending a 6 feet cantilever area over the water. This would provide sufficient area to construct the dining patios while preserving public access. The applicant’s proposal would provide a new walkway across the entire waterfront that would vary in width between 6 and 10 feet, as shown page 16 of the project plans (Attachment No. PC 5). The City is working with the applicant, Army Corps of Engineers, and Coastal Commission staff to create a larger public recreational boardwalk or pier that would extend further into the harbor. Discussions on the concept are ongoing and no resolution has been reached. As a result, the horizontal access along the project site remains in flux. Therefore, the subject Use Permit does not require approval of the public access design presented by the applicant. Instead, findings and conditions of approval are included in the draft resolution requiring the applicant to coordinate with the City and construct horizontal public access (no less than 6-feet wide, but preferable 10-feet wide). The walkway would need to be constructed prior to issuance any of permits by the Community Development Director for: 1) improvements within the existing public access easement along the waterfront; or 2) tenant improvements for uses in excess of Occupancy Scenario A or B as identified in the approved Parking Management Plan; whichever event comes first. Parking Analysis A parking demand analysis was prepared by the traffic engineering firm of Linscott Law & Greenspan (Attachment No. PC 9). The analysis includes a parking count of existing uses within the shopping district, including Electra, and it predicts future parking demand for project build-out. The study uses Urban Land Institute (ULI) parking demand rates rather than City Zoning Code requirements is a predictor of shared parking results for mixed-use shopping centers. Peak demands are and will continue to be Thursday evenings and Friday/Saturday midday. The analysis shows that with full build-out, and not including Electra, the project would operate at a deficiency of 100 parking spaces at 6:00 p.m. on Saturdays. The magnitude of this shortfall supports requiring off-site parking; however, it is not necessary at this time due to the high vacancy rate. The parking demand analysis 12 PA2016-035 Lido Marina Village Planning Commission, December 4, 2014 Page 13 further shows that sufficient parking will be available for partial occupancy. Occupancy Scenario A would preclude restaurants from occupying 3450 Via Oporto, resulting in a projected 60 parking space surplus on Saturday afternoons in the 3:00 p.m. hour (worst case). Occupancy Scenario B would maintain specific amounts of office, retail and restaurants vacant, resulting in a projected 2 parking space surplus on Saturday evenings in the 6:00 p.m. hour (worst case). As noted, the PMP and parking demand analysis suggest that follow-up parking counts be conducted prior to the approval of permits that would exceed the thresholds identified with either Occupancy Scenario. The applicant seeks the flexibility to take parking counts in the future after partial occupancy to determine how many spaces will be necessary. If the future analysis suggests that there is insufficient parking, the applicant would seek off-site parking consistent with the Zoning Code. Use Permit Findings In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits, Findings and Decision), the Planning Commission must make the following findings for approval for a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. As indicated previously, the proposed project includes uses consistent with the MU-W2 (Mixed-Use Water Related) General Plan land use category and Zoning District. A reduction of required parking must satisfy the following conditions pursuant to Section 20.40.110(B)(1) of the Zoning Code: a. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk in trade, mixed-use development); b. A parking management plan shall be prepared in compliance with subsection (C). 13 PA2016-035 Lido Marina Village Planning Commission, December 4, 2014 Page 14 The project should improve the efficiency of the parking structure and increased parking supply within the public right-of-way is planned. Parking is provided in the parking structure and areas dedicated to valet pick-up and drop-off will help ensure the smooth operation of the Village. The uses planned within the project site will be complementary and compatible with uses in the vicinity and will be an overall improvement combating the high vacancy rate that exists within Lido Marina Village. The parking demand analysis shows that parking demand for the shared parking within Lido Marina Village is less than that required by the Zoning Code. This parking characteristic should continue as the shopping area is reoccupied; however, future parking analysis is recommended before complete build-out of the project. The parking data also shows that parking shortfalls will likely occur at peak periods at project build- out (Thursday evenings and Friday/Saturday afternoons). To mitigate this, the PMP is structured to limit uses in the short-term and additional parking analysis prior to full build-out. Parking management plans are intended to mitigate the potential impacts associated with a reduction in the number of required parking spaces. Plans may include, but are not limited to the following, when required by the review authority: 1. Restricting land uses to those that have hours or days of operation so that the same parking spaces can be used by two or more uses without conflict; 2. Restricting land uses with high parking demand characteristics; 3. Securing off-site parking in compliance with Section 20.40.100 (Off-Site Parking); 4. Providing parking attendants and valet parking; and 5. Other appropriate mitigation measures. The PMP and parking demand analysis show that the various land uses can coexist without conflict and it provides limitations on uses with high parking demands. After further study, additional off-site parking may be necessary to achieve project build-out. Lastly, the PMP includes valet operations to boost parking supply and it includes securing off-site parking should it become necessary. Based upon the information provided and the suggested conditions of approval, staff believes that the conditions required pursuant to Section 20.40.110 are satisfied. As noted, the PMP suggests that future off-site parking may be required. Off-site parking must be secured consistent with Section 20.40.100 (Off-Site Parking) of the Newport Beach Municipal Code subject to the following findings: 1. The parking facility is located within a convenient distance to the use it is intended to serve. 2. On-street parking is not being counted towards meeting parking requirements. 3. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. 14 PA2016-035 Lido Marina Village Planning Commission, December 4, 2014 Page 15 4. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Prior to the issuance of permits that would exceed either Occupancy Scenarios within the PMP, parking counts will be conducted to determine parking demand. If necessary, the applicant will be required to secure off-site parking and record a parking agreement to satisfy Section 20.40.100 (Off-Site Parking) of the Municipal Code. As noted previously, the applicant would like the Planning Commission to delegate the process to the Community Development Director, but the requirements would otherwise remain the same. If approved, the Community Development Director would ensure that the off-site parking: 1) is conveniently located; 2) serves the parking demands of the project; and 3) is compatible with surrounding uses. If a remote off-site lot is proposed, the Director may require shuttle busses to be utilized. The Director’s action to approve an off-site lot would require specific facts in support of each of the required findings, and the action would be reported to the public, Planning Commission, and City Council in the Department’s weekly report. A condition of approval has been included to notify neighbors of potential off-site parking lots. Despite the fact that a specific site is not identified at this time, several parking lots are located in the vicinity and staff is agreeable to the applicant’s proposal. ALTERNATIVES 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. Modifications may address the phasing/occupancy plan, land use mix (reducing higher intensity uses), coastal access plan, or parking management plan. If the changes are substantial, the item should be continued to a future meeting to allow for the changes to be incorporated. 2. If the Planning Commission believes that the facts to support the findings for approval are insufficient at this time, the Planning Commission may deny the application. In this case, the existing restaurant use permits and their corresponding parking waivers for the project will remain in effect. ENVIRONMENTAL REVIEW The proposed project is a parking reduction and parking management plan associated with the renovation and re-occupancy of an existing 112,029 square feet of the Lido Marina Village commercial area. Interior and exterior changes to the existing commercial buildings are largely cosmetic or necessary repair and maintenance or seismic upgrades. The gross floor area will not be increased and a maximum of 430 square feet of existing commercial floor area will be converted from retail uses to restaurant uses and approximately 3,127 square feet additional outdoor dining areas that would be located adjacent to existing commercial buildings. With the 15 PA2016-035 Lido Marina Village Planning Commission, December 4, 2014 Page 16 implementation of the Proposed Parking Management Plan, parking necessary to meet actual parking demand will be provided by a combination of on-site parking and off-site parking consistent with Section 20.40.100. The project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15303 (New Construction or Conversion of Small Structures). This Section exempts the construction and location of limited numbers of new, small facilities or structures (up to 10,000 square feet in area) and the conversion of existing small structures from one use to another where only minor modifications are made to the interior or exterior of the structure. Additionally, the proposed project is exempt from pursuant to Section 15301 (Existing Facilities). This section exempts interior and exterior alterations and small additions to existing structures when the changes involve a negligible or no expansion of existing uses. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways), including the applicant, and was posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: ATTACHMENTS PC 1 Draft Resolution for Approval with Findings and Conditions PC 2 Site Photographs PC 3 Original Project Area Exhibit PC 4 Renovation Phasing Exhibit PC 5 Project Plans PC 6 Summary of Proposed Land Uses Intensities PC 7 Parking Management Plan PC 8 Existing Easements PC 9 LLG Parking Demand Analysis 16 PA2016-035 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT September 22, 2016 Meeting Agenda Item No. 4 SUBJECT: 3700 Newport Boulevard Roof Screen System (PA2016-151) 3700 Newport Boulevard  Site Development Review No. SD2016-006  Modification Permit No. MD2016-013 APPLICANT: Bickel Group, Inc. OWNER: South Coast Trade Center 3, LP PLANNER: James Campbell, Principal Planner (949) 644-3210, Jcampbell@newportbeachca.gov PROJECT SUMMARY Site Development Review to allow the installation of a rooftop mechanical screen enclosure on the roof of an existing building that is nonconforming to the building height limit. Modification Permit to allow rooftop mechanical screen areas to exceed 30% of the area of the roof of an existing nonconforming building. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. _ approving Site Development Review No. SD2016-006 and Modification Permit No. MD2016-013 (Attachment PC 1). INTRODUCTION Project Setting The project site is developed with a 32.5-foot tall, 3-story office building and a small parking lot. The current owner is completing cosmetic alterations and upgrades to the 17,000 square foot building. The building has a modern architectural style with a flat roof. On the roof of the existing building are approximately 20 heating, ventilation and air conditioning (HVAC) units that are not screened from public view. The building and roof is highly visible from Newport Boulevard given the street’s higher elevation and proximity to the building. 1 INTENTIONALLY BLANK PAGE2 3700 Newport Boulevard Roof Screen System Planning Commission, September 22, 2016 Page 2 VICINITY MAP 3 3700 Newport Boulevard Roof Screen System Planning Commission, September 22, 2016 Page 3 GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE MU-W2 (Mixed-Use Water) MU-W2 (Mixed-Use Water) Office Building NORTH Newport Harbor & CM (Marine Commercial) Newport Harbor & CM (Marine Commercial) Waterway and marinas SOUTH MU-W2 (Mixed-Use Water) MU-W2 (Mixed-Use Water) Commercial uses EAST PF (Public Facilities) & MU-W2 (Mixed-Use Water) PF (Public Facilities) & MU-W2 (Mixed-Use Water) Elks Lodge, retail commercial, health club and restaurants WEST Newport Boulevard & RT (Two-Unit Residential) Newport Boulevard & R-2 (Two-Unit Residential) Newport Boulevard and residential uses to the west Project Description The applicant requests permission to install a 5’-4” tall wall around existing HVAC units to provide screening of the equipment. The screen wall would not be any higher than existing equipment. The screen wall would be setback from the edges of the existing roof by varying distances and would “cover” approximately 56 percent of the roof (Attachment PC 2). The proposed screen wall would be made from stainless steel panels, punched with 3/16” diameter holes (Attachment PC 3). 4 3700 Newport Boulevard Roof Screen System Planning Commission, September 22, 2016 Page 4 Background The building was constructed in 1956 prior to current zoning standards. The building is 32.5 feet tall and is legal nonconforming with respect to building height, floor area, parking, and screening of mechanical equipment. DISCUSSION Analysis General Plan The site is designated MU-W2 (Mixed-Use, Water 2) and this designation is applied to waterfront locations where marine-related uses may be intermixed with buildings that provide residential on the upper floors. Permitted uses include those permitted by the Marine Commercial (CM), visitor-serving (CV), and MU-V (Mixed-Use Vertical) designations. Free-standing residential uses are not permitted. Although the existing general office building is not a marine commercial, visitor-serving commercial or mixed- use (commercial/residential) use, continued general office uses within the existing building are allowed to continue unabated pursuant to Section 20.38.050 (Nonconforming Uses). 5 3700 Newport Boulevard Roof Screen System Planning Commission, September 22, 2016 Page 5 Local Coastal Plan The site is designated MU-W by the Coastal Land Use Plan. This land use category is identical to the MU-W2 General Plan land use designation and conveys the same land use polices. Zoning Code The site is zoned MU-W2 reflective of the General Plan designation. The existing nonconforming building is allowed to continue unabated. Changes to the building must conform to applicable standards including building height standards. Screening of Mechanical Equipment – Zoning Code Section 20.30.020 The screening of roof-mounted mechanical equipment is required in all zoning districts at the time of new installation or replacement of equipment. Roof-mounted mechanical equipment may not be visible in any direction (360 degrees) from a public right-of-way or adjacent residential property, as may be seen from a point six feet above ground level. Roof-mounted mechanical equipment and screening is also subject to the height limitations of the various zoning districts and any height limit exceptions in Section 20.30.060. Screening of roof-mounted equipment must be accomplished with mechanical roof wells recessed below the roof line or by solid and permanent roof- mounted screens. Screening must also be compatible with the architectural style, materials, and color of the building. As indicated, there is no screening of existing equipment and the applicant is not replacing any of the existing equipment. At this time, there is no requirement for the applicant to screen the equipment and the applicant is voluntarily seeking permission to screen the equipment to improve the building and comply with Section 20.30.020 of the Zoning Code. Given that the building already exceeds the 26-foot height limit, the applicant seeks a Site Development Review application to authorize the HVAC screens at 35 feet. The additional height of the screens to 37’-10” would be within the 5-foot allowance provided the screened area were less than 30 percent of the roof area or authorized through a Modification Permit. The proposed screen consisting of a modern, perforated stainless steel panels would be compatible with the modern architecture of the building. The proposed walls are inset and parallel to the exterior of the roof creating a more harmonious design. The screen walls would achieve the desired result by screening existing equipment from public right-of-ways and adjacent residential property located across Newport Boulevard. The proposed screening wall would not be effective from elevated vantage points. Additional screening elements atop the equipment itself would only add bulk and height to the building and elevated residential vantages are distant from the project site. In conclusion, staff does not recommend additional screening elements beyond what is proposed to ensure compliance with Section 20.30.020 provided the findings for both the Site Development Review and Modification Permit can be made. 6 3700 Newport Boulevard Roof Screen System Planning Commission, September 22, 2016 Page 6 Height The project site is subject to the shoreline height limitation and flat roofed buildings are normally limited to 26 feet in height. Pursuant Section 20.30.060(D)(11) (Height Limit Exceptions) mechanical equipment and screen walls may exceed the height limit by up to 5 feet (31 feet in overall height) provided the screened area occupies no more than 30 percent of the total roof area. Section 20.52.050(B)(3)(c), provides that a Modification Permit can authorize screening to exceed 30 percent of the total roof area. In this case, the existing building is 32.5 feet tall and the proposed screened area would occupy approximately 56 percent of the total roof area. New buildings with flat roofs can be permitted up to 35 feet in height provided certain findings and the general Site Development Review findings can be made. Assuming the findings for approval can be made; rooftop equipment screens would need to meet the same standards (5 feet high and no more than 30 percent of the total roof area). Section 20.30.060(C) allows buildings to exceed the base height limit provided the following findings can be made: 1. The project applicant is providing additional project amenities beyond those that are otherwise required. The project applicant is voluntarily proposing the equipment screens to improve the rooftop aesthetics of the existing highly-visible building. 2. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes. The proposed equipment screen is complementary to the modern building architecture. It creates a new vertical element breaking up the flat roof creating varied roof planes. The screen walls are setback from the edges of the roof and the walls are parallel to the roof edge. These features reinforce a harmonious and complementary design to the existing modern architecture. Lastly, the screens will eliminate unsightly equipment from public view and the overall visual character of the building will be improved and the roof will look more complete. 3. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provide a gradual transition to taller or shorter structures on abutting properties. The increased height is attributable to a proposed 5’-4” screen wall that are setback by varying distances from the edge of the roof. The setbacks and limited height of the walls will reduce the perceived height of the feature from surrounding properties. A 35-foot tall commercial parking structure is located directly east within Lido Marina 7 3700 Newport Boulevard Roof Screen System Planning Commission, September 22, 2016 Page 7 Village. Newport Boulevard is elevated in relation to the building and therefore the increased height will be less of an impact from that location. 4. The structure will have no more floor area than could have been achieved without the approval of the height increase. The 5’-4” tall rooftop equipment screen walls will not create enclosed spaces. As a result, no additional floor area would result with project approval. Site Development Review 1. Allowed within the subject zoning district; The application does not change uses and the existing office development is nonconforming to floor area, building height, parking, and equipment screening standards of the zoning code. Continued office use is allowed in the MU-W2 zoning district. 2. In compliance with all of the applicable criteria identified in subsection (C)(2)(c) of this section; a) Compliance with this section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; The site is subject to the Lido Village Design Guidelines adopted in 2011. The vision for the area is to create a vibrant gateway Village in the heart of historic Newport Beach’s Balboa Peninsula. The primary focus for these Guidelines is to reinforce the built environment while respecting physical building forms and functional uses as they relate to the pedestrian experience within the Village. Style and character are secondary elements that will help contribute to the overall aesthetic place making of Lido Village. Lido Village is composed of five distinctive Design Areas: Lido Marina Village, Via Lido Plaza, City Hall site (now the Lido House Hotel), Lido Triangle, and Newport Boulevard Shops. The goals for the Village include: respect and complement existing taller buildings and massing; implement quality building design and the use of authentic materials to influence design solutions; improve edge conditions with Newport Harbor, Newport Boulevard, and Via Lido, reinforcing the gateway element; and, the use of high quality materials for public space improvements that reinforce Village character. The Guidelines provide considerations for each Design Area’s edge and boundary conditions, pedestrian connections and open space, sustainability concepts, architectural design guidelines, and landscape design considerations. The subject building is located at the edge of the Lido Marina Village Design 8 3700 Newport Boulevard Roof Screen System Planning Commission, September 22, 2016 Page 8 Area and has a “buffer edge” and a “waterfront edge.” For the buffer edge, a softening between uses of differing intensities is sought. Landscape solutions with vertical elements are promoted, and façade enhancements that are visually attractive are encouraged. The waterfront edge calls for the creation of a strong pedestrian interface that maximizes accessibility. The encouragement of visual corridors promoting the water experience, the restricting of “back of house” and service conditions, and the creation of image-defining façades with transparent pedestrian interfaces are also criteria. The guidelines provide that roofs should be designed for functionality while enhancing and complementing the overall architectural design of the building. Vertical roof plane breaks, changes in building/ridge height, or other accent roof forms are encouraged. Form and materials should be integrated into the overall design vocabulary of the building. Fascia elements should be consistent with the primary design style. Parapets, when used, should be contiguous and incorporate side/rear elevation returns to eliminate false front and or unfinished appearance. In staff’s opinion, the proposed roof screen is a functional element that enhances the look of the building especially when viewed from Newport Boulevard consistent with the goal of the guidelines. The screen is a contiguous element creating a more finished roof that also screens back of house features. The use of modern materials also compliments the modern architectural design of the building. The screen walls are setback by varying distances from the edge of the roof, which reduces the perceived height of the feature from surrounding properties and public spaces. Existing pedestrian access would also not be effected. Given that there is no public view through the property of any significance, the proposed screening does not impact the visual corridor related to the waterfront. In summary, staff believes the proposed project is consistent with the Lido Village Design Guidelines. b) The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design; The setbacks and design of the proposed screen walls will reduce the impact of the added bulk and height of the overall development in relationship to nearby development and public spaces. c) The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; 9 3700 Newport Boulevard Roof Screen System Planning Commission, September 22, 2016 Page 9 Again, the setbacks and design of the proposed screen walls will reduce the impact of the added bulk and height of the overall development in relationship to nearby development and public spaces. The screen walls are parallel to the roof edge and the size of the screened area (approximately 56 percent of the roof area) is not out of proportion with the size of the building. The use of modern building materials complements the modern building and the screen walls will provide aesthetic enhancement of the existing building by screening existing and unscreened mechanical equipment. d) The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; The installation of a screen system around existing unscreened equipment on the rooftop of an existing building does not affect pedestrian, vehicular access, including drive aisles, driveways, and parking or loading spaces. e) The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and The installation of a screen system around existing unscreened equipment on the rooftop of an existing building does not affect landscaping or open space areas or the use of water efficient plant and irrigation materials. f) The protection of significant views from public right(s)-of-way and compliance with Section 20.30.100 (Public View Protection). No public view exists through the site. The increase in height and size of the screening walls would marginally reduce the visibility of commercial development within Lido Marina Village when traveling southbound on Newport Boulevard. The proposed screen walls would also only marginally reduce the visibility of development along Coast Highway when traveling northbound on Newport Boulevard. Public views of the building itself would be improved with the screening of the existing equipment. The photographs in Attachment PC 4 show the existing building from several vantage points from Newport Boulevard and Central Avenue and support a conclusion that the proposed project would not block public views. 3. Not detrimental to the harmonious and orderly growth of the City, nor endangers, jeopardizes, or otherwise constitutes a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. The proposed project will enhance the building by screening unsightly roof-top equipment and any precedent set by project approval is limited to identical circumstances and would not extend to new development. 10 3700 Newport Boulevard Roof Screen System Planning Commission, September 22, 2016 Page 10 Modification Permit 1. The requested modification will be compatible with existing development in the neighborhood; The enlarged roof screen would resemble a typical rooftop mechanical screen. The proposed screen consists of a modern, perforated stainless steel panel and would be compatible with the modern architecture of the building. The proposed walls are inset and parallel to the exterior edge of the roof minimizing the effect of the added bulk and height thereby creating a more harmonious design. The screen walls would achieve the desired result of screening existing equipment consistent with the Zoning Code. 2. 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; There are approximately 20 pieces of existing equipment on the roof of the building that are highly visible from Newport Boulevard. The individual equipment locations are fairly spread out across the roof and the roof is made from concrete. The number and large layout of the existing equipment cannot be encircled by a single screen wall that would be architecturally harmonious with the building without it being larger than 30 percent of the roof. 3. 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; The number and layout of the existing equipment with the strict application of the 30 percent roof screen standard would require the repositioning of many of the existing pieces of equipment to other locations (i.e. to the ground, inside the building, within exterior balconies of the building, or within an area less than ½ the area the equipment currently occupies). The repositioning of the equipment within the building or to the ground is a physical hardship as it would eliminate existing gross floor area or parking areas. Relocating the existing equipment into an area that could be within 30 percent of the total roof area would require cutting/modifying the concrete roof to reinstall the equipment resulting in a physical hardship and significant cost. The intent of the screening standards is to screen existing equipment in a non-detrimental way, and the strict application of the code would likely result in the status quo (no screening), which is inconsistent with the intent of the screening requirement of the Zoning Code. 4. 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; and 11 3700 Newport Boulevard Roof Screen System Planning Commission, September 22, 2016 Page 11 To achieve the desired result to screen the existing equipment, there appears to be no other practical method to achieve the result with less detriment. Multiple individual screens would occupy less space on the roof, but it would not be the most harmonious and architecturally compatible method of screening the existing equipment. Relocating equipment inside the building could reduce or eliminate equipment on the roof theoretically eliminate the screen or allowing the screen area to be reduced. These alternatives are not practical as it would eliminate existing enclosed area and/or parking and may not be possible given the existing structural design of the building. In staff’s opinion, these alternatives are not practical. 5. 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. The granting of the Modification Permit would allow for equipment screens that would be architecturally compatible with the existing building. The larger equipment screen does not change the density or intensity of the use. There are no public views through the site that would be affected. The screen walls will bring the building into compliance with Section 20.30.020 by screening existing unscreened and unsightly rooftop mechanical equipment and enhance the aesthetics of the building to the community’s benefit. Summary The proposed screen wall will effectively screen the existing or future mechanical equipment on the roof. The screen wall will not block a public view to the harbor or coast and will improve the aesthetics of the building and roof by screening existing HVAC equipment. Alternatives The Planning Commission has the option to modify or deny the requested applications. Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The project involves the installation of a 5’-4” tall screen wall atop the roof of an existing building that will screen existing HVAC and other mechanical equipment. This minor alteration of an existing facility does not expand the existing office building. 12 3700 Newport Boulevard Roof Screen System Planning Commission, September 22, 2016 Page 12 Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared and Submitted by: ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Project plans PC 3 Sample of the roof screen material PC 4 Building photographs :\Users\PLN\Shared\PA's\PAs - 2016\PA2016-151\PA2016-151_staff report'.docx05/26/16 13