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HomeMy WebLinkAboutNEWPORT PLACE RESIDENTIAL FINDINGS AND FACTS IN SUPPORT OF FINDINGS Findings and Facts in Support of Findings The Residences at Newport Place Newport Beach, California March 23, 2015 Prepared by NNeewwppoorrtt PPllaaccee RReessiiddeennttiiaall,, LLLLCC The Residences at Newport Place Findings & Facts in Support of Findings Newport Beach, California by Newport Place Residential, LLC. -i- Table of Contents Page SECTION 1. FINDINGS .............................................................................................. 1  SECTION 2. MODIFICATIONS TO DEVELOPMENT STANDARDS & POLICY ...... 4  The Residences at Newport Place Findings & Facts in Support of Findings Newport Beach, California by Newport Place Residential, LLC. -1- Findings and Facts in Support of Findings The Residences at Newport Place Newport Beach, California March 23, 2015 SECTION 1. FINDINGS In accordance with Section 20.52.060A of the City’s Municipal Code, the purpose of the Planned Development Permit (PDP) Review is to ensure that the Residences at Newport Place Project is developed consistent with the Newport Place Planned Community Standards and applicable City Codes and Standards. The following consistency findings and facts in support of the PDP application are set forth: Findings A. The proposed development would 1) Include only uses allowed within the base zoning district; 2) Be substantially consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan; 3) Be substantially consistent with the purpose and intent of the base zoning district; 4) Include sustainable improvement standards and protection of environmental resources; and 5) Be compatible with other development within the zoning district and general neighborhood of the proposed project. Facts in Support of Finding A1. The Airport Area sub-area of the General Plan was designated Mixed-Use Horizontal (MU-H2), which allows for mixed-use and multi-family residential. Planned Community text revisions (Ordinance No. 2012-14), was adopted July 24, 2012 to allow the establishment of a residential development overlay whereby residential developments, which include 1) a minimum of 30 percent of the units affordable to lower income households; and 2) include densities between 30 du/acre and 50 du/acre consistent with the General Plan, subject to the Site Development Review process. A2. Chapter 20.32 of the Zoning Code provides for density bonus which allows affordable housing projects to achieve increased densities The Residences at Newport Place Findings & Facts in Support of Findings Newport Beach, California by Newport Place Residential, LLC. -2- up to a maximum 35 percent of the base density. The proposed project plans depict the provision of 30 percent of the base density as affordable housing units for a 30-year period to allow for the increased density of 35 percent of the total base density units. A3. Section 5A of the Planned Community text provides for a maximum structure height of 55 feet. This height can be increased with the approval of a site development review and subject to the required findings specified in Section 20.030.060.C.3 of the Newport Beach Zoning Code. See Section 2 below for further discussion of the modified development standards for the maximum structure height. A4. Section 6.15 (6.15.1 through 6.15.23) of the Land Use Element of the City’s General Plan specifies the policies for the urban form and structure of the mixed-use district within the Airport Area. With the exception of the modified development standards discussed below, the PDP is consistent with these policies. B. The project would produce a development of higher quality and greater excellence of design than that might otherwise result from using the standard development regulations. B1. The proposed development introduces greater setbacks, increased on-site amenities and open space, as well as a new path of pedestrian connectivity that wouldn’t otherwise result from applying standard development regulations. C. The subject site is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development. C1. The subject site is comprised of 5.691 acres of land. The proposed project is designed with a mixed-use ambiance and varying architectural styles and scale that is compatible, and complementary to the overall Newport Place are. The proposed building would feature decorative and functional vertical elements of varying height up to 87 feet in height, and be set back between 18 to 54 feet from the surrounding public streets and adjacent property. The overall scale of the proposed project is in proportion to the other buildings within Newport Place. D. The project, as conditioned, will not have a substantial adverse effect on surrounding properties or allowed uses. D1. The PDP plans depict buildings being set back between 18 to 54 feet from the property line. The project side only has 1 adjacent property that is currently developed with a 3-story office building The Residences at Newport Place Findings & Facts in Support of Findings Newport Beach, California by Newport Place Residential, LLC. -3- that sits over 140 feet away from the common property line. It is on this side that the PDP plans depict a generous building setback of 54 feet, resulting in a distance of nearly 200 feet between the proposed building and the existing office building. Within this setback, the PDP plans illustrate a 0.48-acre on-grade park that would provide additional buffering and privacy between the proposed project and the existing adjacent office building. Within the immediate area of the project site existing buildings include an assortment of low-rise and mid-rise buildings as well as a 10-story hotel. E. The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, public art, recreational amenities for adults and/or children, private or separated entrances, sustainable improvement standards (e.g. energy efficient building design, construction, and operation; convenient pedestrian and bicycle circulation; water and resource conservation), etc. E1. The PDP plans reflect improved quality of life provisions, including architectural articulation that helps to avoid any continuous uninterrupted building planes and allows open landscaped courtyards that are visible from the surrounding streets; architectural massing which provides interest and variety within the project; common open space, including the 0.48-acre park area which would be accessible to the public during daylight hours; enhanced landscaping; and private open space. Additionally, the project will incorporate sustainable improvement standards (including, but not limited to: energy efficient building design, construction and operation, convenient pedestrian and bicycle circulation, and water and resource conservation). F. The design, location, operating characteristics, and size of the project would be compatible with the existing and future uses in the vicinity, in terms of aesthetics values, character, scale, and view protection. F1. General existing surrounding land uses include an assortment of low-rise and mid-rise office buildings, commercial centers, restaurants, a car wash and service station and a hotel. There are currently no views from adjacent and surrounding properties that would be impacted by the development of the proposed project. The Residences at Newport Place Findings & Facts in Support of Findings Newport Beach, California by Newport Place Residential, LLC. -4- SECTION 2. MODIFICATIONS TO DEVELOPMENT STANDARDS & POLICY In accordance with Section 20.30.060 C.3 of the City’s Municipal Code, a planned development permit may be approved to allow an increase in the height of a structure above the base height if the following findings are made, in addition to the findings required for the discretionary permit application. Finding A. The project applicant is providing additional project amenities beyond those that are otherwise required. Examples of project amenities include, but are not limited to: i. Additional landscaped open space ii. Increased setback and open areas iii. Enhancement and protection of public views; and B. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes; C. 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) provides a gradual transition to taller or shorter structures on abutting properties; and D. The structure will have no more floor area than could have been achieved without the approval of the height increase. Facts in Support of Finding A1. The PDP plans reflect additional landscaped open space, both public and private in nature, as well as increased setback areas. B1. The PDP plans depict a unique, high-density mixed-use development which incorporates a variety of colors, materials, architectural styles, landscaping, and building heights which all provide great Architectural interest as well as providing a high quality environment. C1. The increased height reflected in the PDP plans above the 55 feet permitted within the Planned Community standards will not result in an abrupt scale changes between the proposed structures and the The Residences at Newport Place Findings & Facts in Support of Findings Newport Beach, California by Newport Place Residential, LLC. -5- existing adjacent developments. This is in part due to the generous building setbacks of 18 to 54 feet from the public right-of-way. D1. The structures shown in the PDP plans have no more floor area than could have been achieved without the approval of the height increase. Additionally, the applicant is requesting modified development standard for the setback requirements and a modified policy for the public park dedication requirement. The requests for modifications and facts in support of the requests are set forth: Modified Development Standard - Setbacks A. The project applicant is requesting modified setbacks varying from 18 feet to 54 feet as reflected in the PDP plans. Facts in Support of Modified Development Standard A1. While the Planned Community text specifies thirty (30) foot minimum setbacks, per the City’s General Plan, mixed-use developments do not have a minimum setback, excepting specific uses. In aiming to meet the City’s goal of increased pedestrian connectivity, it negatively impacts the proposed retail space within the project if the building is set back 30 feet beyond the public right- of-way. There is a 6 foot sidewalk and 4 feet of a landscaped parkway within the public right-of-way along 4 sides of the property. Additionally, the modified increase of setback to 54 feet along the south edge of the proposed project will create the area necessary to provide the on-grade park that is required under LU 6.15.13, and also serves as the area of increased pedestrian connectivity envisioned in Figure LU23 of the General Plan. This park area will be accessible to the public during daylight hours and gated to be secured after dark for the protection of the public and residents. Modified Policy – Public Park Dedication Requirement A. Section 6.15.13 of the City’s Land Use Element requires the dedication and improvement of at least 8% (or 0.47-acres with respect to the proposed project) of the gross land area (exclusive of existing right-of- way). The project applicant is providing a 0.48-acre park, reflected on the PDP plans, and is requesting that in-lieu of dedication to the City, the park remain private with public access during daylight hours only. Facts in Support of Modified Policy The Residences at Newport Place Findings & Facts in Support of Findings Newport Beach, California by Newport Place Residential, LLC. -6- A1. The PDP plans depict a 0.48-acre park spanning the southern portion of the site, with access from Dove Street and Martingale Way. This park area will include dining tables, benches, a great lawn area for open play, and a California garden including drought- tolerant landscaping. As shown on the PDP plans, there are stoops from the residential units within the park area to allow connectivity and use of the park by residents, as well as by the public. The development is surrounded by uses that are primarily open during daytime business hours (i.e. 7:00 AM to 6:00 PM). As there are no other residential developments in the immediate vicinity, the applicant is requesting that the park space remain private to allow for additional private security of the space beyond daylight hours. The park will be maintained by the development.