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HomeMy WebLinkAbout19 - North Newport Center Planned CommunityCITY OF NEWPORT BEACH SUPPLEMENTAL CITY COUNCIL STAFF REPORT Agenda Item No. Iq January 26, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Patrick J. Alford, Planning Manager 949- 644 -3235, aalford annewaortbeachca.gov SUBJECT: Transfer of Development Rights in North Newport Center Planned Community (PA2009 -159) APPLICANT: The Irvine Company After publication, an error was discovered in the City Council staff report for this item. The third paragraph on Page 2 of the staff report has incorrect information regarding the June 9, 2009, transfer. It should read as follows: 3. Resolution No. 2009 -038, approved on June 9, 2009, granted a transfer of 241,711 square feet from San Joaquin to Block 600, a transfer of 85,756 square feet from Block 500 to Block 600, and a reassignment of 430 residential units previously approved in North Newport Center Block 600 to San Joaquin Plaza. Also, staff has revised the draft resolution to incorporate additional language clarifying the project's status under the California Environmental Quality Act (CEQA). Prepared by: atrick J. A ord, Plan King M nager Attachments: 1. Revised Draft Resolution Submitted By: Sharon Wood, Assistant City Man er RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE TRANSFER OF DEVELOPMENT RIGHTS IN THE NORTH NEWPORT CENTER PLANNED COMMUNITY (TD 2009 -002, PA 2009- 159) WHEREAS, The Irvine Company has applied to the City of Newport Beach for approval of a transfer of development rights as follows: (1) Transfer 50,000 square feet for general office use from Block 500 to Block 600. (2) Transfer 165,833 square feet for general office use from Block 500 to San Joaquin Plaza. WHEREAS, General Plan Policy LU 6.14.3 permits development rights to be transferred within Newport Center as long as the transfer is consistent with the intent of the General Plan and will not result in any adverse traffic impacts. WHEREAS, the North Newport Center Planned Community Development Plan provides that the City Council shall approve a transfer of development rights if it finds that the transfer will not result in any adverse traffic impacts and will not result in greater intensity of land use than the development allowed without the transfer. WHEREAS, a traffic analysis entitled North Newport Center Office Trip Transfer No. 3 (Austin -Foust Associates, Inc., January 15, 2010) was prepared for the application for the transfer of development rights in compliance with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan. WHEREAS, the traffic analysis found that, consistent with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan, the transfer of development rights will not result in any adverse traffic impacts. WHEREAS, the transfer of development rights does not involve a conversion of land uses and will not result in greater intensity than development allowed without the transfer. WHEREAS, the North Newport Center Planned Community Development Plan provides that if a transfer meets two fixed standards, then the City Council shall approve the transfer. The first fixed standard requires that the transfer not result in any adverse traffic impacts than the development allowed without the transfer. The second fixed standard requires that the transfer not result in greater intensity of land use than the development allowed without the transfer. WHEREAS, Guidelines Section 15369 of the California Environmental Quality Act ( "CEQA ") defines the term "ministerial" as "a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion orjudgment in reaching a decision.. WHEREAS, the transfer of development rights in the North Newport Center Planned Community is a ministerial action under CEQA because it only involves application of fixed standards. WHEREAS, the City Council considered the application at a public meeting on January 26, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the City Council considered the transfer of development rights and the traffic analysis. WHEREAS, the City Council recognizes that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. WHEREAS, the City Council finds that: (1) Consistent with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan, the transfer of development rights will not result in any adverse traffic impacts, as documented in the traffic study. (2) Consistent with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan, the transfer of development rights will not result in greater intensity than that which is allowed without the transfer, and is consistent with the intent of the General Plan. (3) The transfer of development rights satisfies the two fixed standards provided in the North Newport Center Planned Community Development because it will not result in any adverse traffic impacts than the development allowed without the transfer, and it will not result in greater intensity of land use than the development allowed without the transfer. Since the transfer satisfies the two fixed standards, approval is a "governmental decision involving little or no personal judgment" and is a ministerial action under CEQA. A ministerial action is exempt from CEQA's environmental review requirements. Cal. Pub. Res. Code § 2 21080(b)(1); Cal. Code Regs. tit. 14, § 15268. The transfer of development rights is therefore exempt from CEQA. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the transfer of development rights (TD 2009-002, PA 2009 -159), based on the weight of the evidence in the administrative record, including the traffic study. PASSED AND ADOPTED on the 26th day of January, 2010, by the following vote, to wit: AYES, CITY COUNCIL MEMBERS NOES, CITY COUNCIL MEMBERS ABSENT, CITY COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 3 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 19 January 26, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Chris Savan, Planning Technician 949 -644 -3253, csavant).newportbeachca.gov SUBJECT: Transfer of Development Rights in North Newport Center Planned Community (PA2009 -159) APPLICANT: The Irvine Company RECOMMENDATION: Adopt the attached Resolution approving a transfer of development rights in the North Newport Center Planned Community, as follows: 1. Transfer 50,000 square feet of general office from Block 500 to Block 600. 2. Transfer 165,833 square feet of general office from Block 500 to San Joaquin Plaza. DISCUSSION: Background: The City Council adopted the North Newport Center Planned Community (PC) Development Plan, and a Zoning Implementation and Public Benefit Agreement (Development Agreement) on December 18, 2007. The PC is comprised of four sub- areas that include Fashion Island, Black 500, Black 600, and San Joaquin Plaza. The PC Development Plan establishes land use and development regulations for each sub- area, including speck development limits and a procedure that allows for transfers of development rights between sub - areas. The City Council has approved the following three transfers of development rights since the adoption of the PC and Development Agreement: Transfer of Development Rights in North Newport Center PC January 26, 2010 Page 2 1. Resolution No. 2007 -082, approved on December 11, 2007, granted a transfer of 277,161 square feet designated for office, hotel, supporting retail, and City Hall use from Block 600 to Block 500; and 2. Resolution No. 2008 -072, approved on July 22, 2008, granted a conversion of 72,000 square feet from th a previously proposed City Hall to general office use in Block 500 and a transfer of 24,428 square feet of general office use from Block 600 to Block 500. 3. Resolution No. 2009 -038, approved on June 9, 2009, granted a transfer of 241,711 square feet from Block 600 to San Joaquin Plaza, a transfer of 85,756 square feet from Block 600 to Block 500, and a reassignment of 430 residential units previously approved in North Newport Center Block 600 to San Joaquin Plaza. The Irvine Company is requesting a transfer of 50,000 square feet of general office from Block 500 to Block 600 and a transfer of 165,833 square feet of general office from Block 500 to San Joaquin Plaza. Analysis: The PC Development Plan implements General Plan Policy LU 6.14.3 that allows the transfer of development rights in Newport Center, and provides that development rights may be transferred through a change in location and /or a conversion of non - residential use to any other non - residential use allowed by the General Plan or the PC. The General Plan designates the Block 500, Block 600, and San Joaquin Plaza sub -areas as Mixed Use Horizontal (MU -H3), which allows regional commercial office uses, among others. The PC indicates that business, government and professional offices are permitted uses in all three sub - areas. The PC Development Plan outlines a procedure for transfers of development rights. A traffic analysis is required to determine the total number of PM peak hour trips that would be generated with and without the transfer. If the transfer involves a conversion from one land use to another, an intensity analysis is required to determine the floor area that could be developed with and without the transfer. The City Council is to approve the transfer if it finds that the transfer will result in no more trips or no greater intensity of land use than development without the transfer. The proposed transfer does not involve a conversion of land uses; therefore, an intensity analysis is not required. In order to evaluate the trip generation of the proposed transfer, the City retained Austin -Foust Associates, Inc. to prepare a traffic analysis. This firm also performed the traffic studies for the transfers previously approved by the City Council in December 2007, July 2008, and June 2009. Transfer of Development Rights in North Newport Center PC January 26, 2010 Page 3 Traffic Analysis The traffic analysis performed in June 2009 found that 2,328 PM peak hour trips were generated by development as approved in July 2008, and 2,290 trips were generated by development after the transfer in June 2009. The traffic analysis performed in conjunction with the proposed transfer found that 2,320 trips would be generated as a result of the transfer, which is fewer trips than the amount of trips generated by development as approved in July 2008 (2,328 PM peak hour trips). Also, the analysis finds that there is no change in the circulation pattern because motorists will not materially alter their travel pattern between two adjacent blocks. The City Traffic Engineer determined that no adverse traffic impacts will result from the transfer; therefore, a new traffic study is not required to be prepared pursuant to the City's Traffic Phasing Ordinance (TPO). Environmental Review: Approval of a transfer of development rights in the North Newport Center PC is a ministerial action, exempt from CEQA, if the City Council finds that the transfer will not result in more trips and greater intensity of land use than the development allowed without the transfer. The analysis in this report provides the basis for making these findings. Public Notice: No notice is required for this action other than posting of the agenda pursuant to the Brown Act. Prepared by: Chris Savan, Planning Technician Submitted By: Sharon Wood, Assistant City Manager Attachments: 1. Draft Resolution 2. Traffic Analysis from Austin -Foust Associates, Inc. Attachment No. CC 1 Draft Resolution RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE TRANSFER OF DEVELOPMENT RIGHTS IN THE NORTH NEWPORT CENTER PLANNED COMMUNITY (TD 2009 -002, PA 2009- 159) WHEREAS, The Irvine Company has applied to the City of Newport Beach for approval of a transfer of development rights as follows: (1) Transfer 50,000 square feet for general office use from Block 500 to Block 600. (2) Transfer 165,833 square feet for general office use from Block 500 to San Joaquin Plaza. WHEREAS, General Plan Policy LU 6.14.3 permits development rights to be transferred within Newport Center as long as the transfer is consistent with the intent of the General Plan and will not result in any adverse traffic impacts. WHEREAS, the North Newport Center Planned Community Development Plan provides that the City Council shall approve a transfer of development rights if it finds that the transfer will result in no more trips and no greater intensity of land use than the developrnent,allowed without the transfer. °WHEREAS, a traffic analysis entitled North Newport Center Office Tiip Transfer No 3 (Austih -Foust Associates, Inc., January 15, 2010) was prepared for the application for the transfer of development rights in compliance with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan.. WHEREAS, the traffic analysis found that, consistent with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan, the transfer of development rights will not result in any adverse traffic impacts. WHEREAS, the transfer of development rights does not involve a conversion of land uses and will not result in greater intensity than development allowed without the transfer. WHEREAS, the City Council considered the application at a public meeting on January 26, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the City Council considered the transfer of development rights and the traffic analysis. WHEREAS, the City Council recognizes that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. WHEREAS, the City Council finds that: (1) Consistent with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan, the transfer of development rights will not result in any adverse traffic impacts, as documented in the traffic study. (2) Consistent with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan, the transfer of development rights will riot result in greater intensity than that which is allowed without the transfer, and is consistent with the intent of the General Plan. (3) Approval of a transfer of development rights in the North Newport Center PC is a ministerial. action,. exempt from. CEQA, because the transfer will not result in any adverse traffic impacts nor greater intensity of land use than the development allowed without the transfer. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the transfer.of development rights (TD 2009 -002, PA 2009 -159), based on the weight of the evidence in the administrative record, including. the traffic and intensity studies. PASSED AND ADOPTED on the 26th day of January, 2010, by the following vote, to wit: AYES, CITY COUNCIL MEMBERS NOES, CITY COUNCIL MEMBERS ABSENT, CITY COUNCIL MEMBERS MAYOR 2 Attachment No. CC 2 Traffic Analysis from Austin -Foust Associates, Inc. City of Newport Beach NORTH NEWPORT CENTER OFFICE TRIP TRANSFER NO.3 Prepared by: Austin -Foust Associates, Inc. 2223 Wellington Avenue, Suite 300 Santa Ana, California 92701 -3161 (714) 667 -0496 January 15, 2010 NORTH NEWPORT CENTER OFFICE TRIP TRANSFER NO.3 The Irvine Company (TIC) is proposing to transfer 215,833 square feet (so of its unbuilt office development entitlement out of Block 500 and into Block 600 and San Joaquin Plaza. Trip transfers between blocks in North Newport Center are permitted by the existing Development Agreement as long as the PM peak hour trips remain "trip neutral" — i.e., no new trips are created. This is the third such trip transfer (Trip Transfer No. 3) proposed since the North Newport Center Zoning was established in 2007. ANALYSIS When examined in detail, the proposed transfer of 215,833 sf of office space is quite simple and straightforward as illustrated schematically. in Figure 1. The current proposal consists of two separate entitlement transfers. The first consists of transferring 50,000 sf of unbuilt office entitlement from Block 500 directly across the street (Santa Rosa Drive) to Block 600. The relocation of 50,000 sf of entitled and as yet unbuilt offices from one block to the adjacent block would not create any change in trip generation. The second aspect of the proposed Trip Transfer No. 3 is the relocation of 165,833 sf of entitled but also unbuilt office space from Block 500 to San Joaquin Plaza — two blocks to the west. The trip impact of this transfer is also simple when one understands that this office space currently exists in San Joaquin Plaza, but was previously transferred (for entitlement purposes) to Block 600. Prior to that transfer, a total of 277,161 sf of entitlement had been transferred from Block 600 into Block 500. Now the current proposal is to essentially offset much of that previous transfer and leave the 165,833 sf of office space, which is currently built and occupied, in San Joaquin Plaza rather than tear it down and rebuild it elsewhere. The trips from this 165,833 sf of office space are currently being generated and, in fact, are included in the current peak hour traffic counts. The effect of retaining the existing and occupied office space precisely where it is currently situated is by its very nature "trip neutral." It is also necessary to recognize that the previous transfer that would have led to the elimination of 241,711 sf of existing office in San Joaquin Plaza resulted in a trip credit of 38 trips created in Block 600 due to the fact that the ITE trip rates for a small office complex is slightly different than that for larger offices. Now much of that original "transfer credit" is lost since the existing smaller offices are being retained. The previously identified credit of 38 trips is reduced by 30 to a net total of 8 as illustrated in Table 1. Nonh Newport Center I Amtio-FQ= Associate, Inc. Office Trip Transfer No. 3 017088tptdoc Legend Figure 1 Proposed Transfer of 50,0D0s[ future office entitlement. e Proposed Transfer of 165,833sf wdsting office enti0eme NORTH NEWPORT CENTER x Previous Transfer of 241,711sf (entitlement only). -TRIP TRANSFER NO. 3 v Previous Transfer of 277,161sf(entitlement only). xx% Office Trip Distribution Nortb Newport Center 2 Austin -Foust Associates, Inc. Office Trip Transfer No. 3 0170 rptFigl.dwg The analysis of the two proposed entitlement transfers in terms of overall PM peak hour trip generation is shown in Table 1. Table 1 COMPARISON OF BEFORE AND AFTER TRIP GENERATION Current Office Entitlement Proposed Oflee Entitlement Block Square Feet PM Peak Hour Trips Square Feet PM Peak Hour Trips 500 526,517 669 310,684 427 600 1,250,137 1,479 1,300,137 1,535 San Joaquin Plaza 95,550 142 95,550' 142 C65,8-33;F 216 TOTAL 1,872,204 2 90 1,872,204 2.320* ' Existing office entitlement to remain within San Joaquin Plaza. Trip rate = 1.49 per previous transfer calculations. 2 Portion of previous 241,71 1 sf transfer (approved June 9, 2009) to be reallocated back to San Joaquin Plaza. ITE office regression trip rate used. ` A previous PM,Trip Credit of 38 vph will be reduced by 30 vph leaving a net of 8 vph to maintain trip neutrality. A potential; impact could occur if there were to be any significant change in trip distribution. The trip distribution impact of the first aspect of the transfer (i.e., 50,000 sf from Block 500 to Block 600) is projected to result.in no significant change since the shifting of future office location merely across the street (Santa Rosa Drive) will not create any significant redistribution of trip patterns. The PM peak hour trips from offices are largely from employees. Their direction of travel will be influenced by their home destinations. Their travel patterns with regards to use of Jamboree Road or MacArthur Boulevard are not expected to be altered regardless of whether their office space is on one side of Santa Rosa Drive or the other. Analysis of the trip distribution of the transfer of 165,833 sf from Block 500 to San Joaquin Plaza reveals there would be no change because these trips already exist and are accounted for in the existing PM peak hour data. The proposed cancellation of the approved transfer of office space to Block 500 negates all of the analysis that was conducted to demonstrate its trip neutrality when an actual displacement was contemplated. Since these trips are not relocating after all, there is no change in trip distribution anticipated. North Newport Center 3 Austin -Foust Associates, Inc. Office Trip Transfer No. 3 017088rtndoc CONCLUSION In summary, it is concluded that North Newport Center Trip Transfer No. 3 is by the very nature of the proposal "trip neutral." Most of the proposed transfer of 165,833 sf (77 percent) is, in effect, a net cancellation of a previously approved transfer and retention of the existing offices where they are currently built, rather than being demolished and relocated. The remaining 50,000 sf (23 percent) of the transfer is merely relocation of future office entitlement "across the street." From this viewpoint, the trip neutrality aspect of this transfer proposal is clearly evident except that 30 of a 38 trip credit previously associated with the transfer of existing office space is cancelled. North Newport Center 4 Austin -Foust Associates, Inc. Office Trip Transfer No. 3 017088rptdoc Study Plan 3388 Via Lido Newport Beach, CA Protect Description and Justification Existing building condition and use Originally constructed in 1961 for use of the Newport Balboa Savings Bank, the property is located adjacent to Newport Bay in Lido Village. The existing building is a nonconforming structure for height, which affords the structure non - obstructed views across Newport Bay and the harbor areas. The existing structure is a total of 21,483 gross square feet on a total site area of 14,128 square feet. Parking for the existing building is currently provided on -site and off -site at a parcel located on 500 32 "d street where thirty -eight (38) stalls are located. The existing structure on -site was constructed under Use Permit No. UP544 for the use of The Newport Balboa Savings Banks & Loan. One hundred percent of the existing structure is currently used for commercial office space. The current condition of the building is functionally obsolete mostly in part due to the lack of maintenance and age. Aside from certain floors which have minor cosmetic upgrades (paint, carpet, etc.), the majority of the building is not habitable. Based on the age of the building, certain ADA, Building, and Fire codes are not currently in compliance. Historically, the office space has struggled to compete with more business park type environments, which have higher parking ratios in comparison to that associated with the subject property. The absence of any recent improvements would suggest that the building is in need of a complete renovation, including all new building systems. Proposed Project Marshall Property & Development on behalf of Bayfront Holdings, L.P. ('Buyer ") proposes to renovate the existing structure at 3388 Via Lido into a mixed -use project that incorporates both residential and commercial uses consistent with the current General Plan. The upper three (3) floors will consist of two residential units while the first and second floors will remain office /retail. Nine (9) on -site parking spaces will be provided for the commercial tenants and one single -car garage and two, two -car parking garages will be constructed on -site. The two, two -car garages will be provided to meet the covered parking requirements in accordance with Chapter 20.66 of the City Newport Beach Zoning Code. The proposed renovation will reduce the square footage of the existing building by 2,240 square feet to 19,243 square feet and will not 3388 Via Lido Interim Study Plan Date Page 2 increase the maximum height of the building which is currently sixty (60') feet. The existing concrete structure will remain intact. The proposed project will improve the physical aesthetics of the site by undergoing a complete renovation. Proposed improvements include a new exterior glazing system, new exterior finishes on the sheer walls, renovating the exposed exterior stair, construction of two new lobbies serving both residential and office uses, and new signage. In addition to the physical improvements listed above, the current HVAC units located throughout the existing rooftop areas of the building will be replaced with a more efficient and smaller unit, which will be screened. On -site parking will be reconfigured, improving site access and drive aisles. The number of on- site uncovered stalls will decrease from nineteen (19) to nine (9) parking spaces, which would reduce the amount of congested traffic. Finally, new landscaping will be planted, making the project more pedestrian friendly and aesthetically appealing. General Plan and Coastal Land Use Plan Consistency The relevant General Plan and Coastal Land Use Plan Goals and Policies are addressed in Appendix A and B to the Study Plan. The proposed project was found to be consistent with all of these goals and policies. Zonine While the current Zoning of the property is Retail Service Commercial (RSC), the draft Zoning Code designates this property as Mixed -Use Water Related (MU -W2). The intent of this project and the study plan is to comply with the proposed draft Zoning Code development standards. Since the adoption of draft Zoning Code development standards to implement the General Plan have not been finalized, the City of Newport Beach has implemented the Interim Study Overlay procedure to allow property owner's to move forward with projects that are consistent with the General Plan land use designation. The permitted uses and development standards established for the subject property are listed below. Permitted Uses All uses as may be adopted by the City Council in accordance with the Mixed -Use Water Related 2 land use designation of the proposed General Plan. 3388 Via Lido Interim Study Plan Date Page 3 Zoning Code Development Standards Lot Dimensions Lot Area: 2,500 sq ft Lot Width: 25 ft Density Maximum: 2,167 sq ft of lot area /unit FAR Mixed -use total FAR: 1.5 Residential FAR: 0.8 Commercial FAR: 0.7 Setbacks Front (adjacent to Via Lido): 4 ft (utilities easement) Sides: 0 ft Rear (adjacent to Newport Bay), commercial: 0 ft Rear (adjacent to Newport Bay), residential: 0 feet Open Space Private Open Space: 5 percent of the gross floor area /dwelling unit Height New Structures: 26 ft Alterations to the Existing 5 -story Structure: Maximum height of 60 ft from ground level per Use Permit No. 544 Fencing Per Section 20.60.030.A (Fences, Hedges, Walls, and Retaining Walls) of the Zoning Code Landscaping Per Chapter 20.36 (Landscaping Standards) of the draft Zoning Code Per Water Efficient Landscape Ordinance, Chapter 14.17 of the Municipal Code Lighting Per Section 20.30.070 (Outdoor Lighting) of the draft Zoning Code 3388 Via Lido Interim Study Plan Date Page 4 Mechanical Equipment Roof mounted mechanical equipment, totaling not more than 30 percent of the total roof area, including required screening devices, shall be allowed to exceed the maximum height limit by up to 5 feet. [Per Section 20.30.050.D.11.a (Mechanical Equipment, nonresidential Districts) of the draft Zoning Code] Outdoor storage /display Per Chapter 20.60.105 (Outdoor Storage and Display) of the Zoning Code Parking Commercial office: 1/250 sq ft of net floor area Medical office: 1/200 sq ft of gross floor area Retail: 1/250 sq ft of gross floor area Eating and Drinking Establishments: by use permit Residential units: 2 enclosed garage spaces per dwelling unit All other uses: per Chapter 20.66 of the Zoning Code Satellite Antennae Signs Per Chapter 20.61 (Amateur Radio and Satellite Dish Antennas) of the Zoning Code Per Chapter 20.67 of the Zoning Code or an approved sign program for the subject property Telecommunications Equipment Per Chapter 15.7 (Wireless Telecommunication Facilities) of the Municipal Code Planning Department Requirements 1. Due to the new ownership of the building and the revised number of parking spaces provided on the off -site lot, a new off -site parking agreement, proved as to form the City Attorney's Office, shall be recorded prior to the issuance of final building permits. 2. The vacant bank teller building shall be demolished and overgrown trees that encroach into the public right -of -way on the off -site parking lot located at 500 32nd Street shall be removed. 3. The off -site parking lot at 500 32nd Street shall be restriped, subject to the approval of the City of Newport Beach Traffic Engineer. 3388 Via Lido Interim Study Plan Date Page 5 4. A minimum of 38 parking spaces shall be provided on and off -site at 3388 Via Lido and 500 32nd Street. 5. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for two new dwelling units in accordance with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited for the reduction in commercial square footage and the remaining balance shall be charged or credited to the applicant. 6. In the event a parcel map or tract map is filed for purposes of providing condominium units on the subject property, in -lieu housing fees shall be paid for two new dwelling units prior to the issuance of a description change building permit in accordance with Chapter 19.54 of the Newport Beach Municipal Code. 7. The development shall be in substantial conformance with the approved project plans stamped and dated July 16, 2010. (Except as modified by applicable conditions of approval.) 8. The applicant shall provide permeable hardscape and softscape materials in the parking areas at the front of the building along Via Lido. 9. The applicant shall incorporate a green screen with landscape materials consistent with plant materials at 3366 Via Lido along the single -story garage structure to soften the visual impact of the new structure from Via Lido. 10. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Via Lido Interim Study Overlay including, but not limited to, Code Amendment No. CA2010 -006 (PA2010 -081) and the accompanying Study Plan. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 3388 Via Lido Interim Study Plan Date Page 6 Building Department Requirements 1. The change of occupancy shall require the building to comply with the current Building Code. Fire Department Requirements Automatic fire sprinklers shall be required throughout the building. The sprinkler system shall be monitored by a UL certified alarm service company. 2. A Wet Class I standpipe combined with the fire sprinkler system are required in both stairwells. 3. The main elevator shall be gurney- accommodating in accordance with Article 30 of the California Building Code (2001 edition). 4. A manual fire alarm system shall be required if the occupant load of building exceeds 100 persons above the first floor. 5. A fire hydrant shall be required within 150 feet on the same side of the street as the Fire Department connection for the fire sprinkler system. Public Works Requirements 1. All improvements shall be constructed as required by Ordinance and the Public Works Department. 2. All existing drainage facilities shall be retrofitted to comply with the City's on -site non - storm runoff retention requirements. 3. An encroachment permit is required for all work activities within the public right -of -way. 4. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L 5. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 6. No permanent structures may be constructed within the existing 4 -foot wide utility easement along the Via Lido property frontage. 3388 Via Lido Interim Study Plan Date Page 7 7. The westerly driveway along Via Lido shall be reconstructed to align with the on -site drive aisles. S. All on- street parking spaces fronting the project site shall be maintained. 9. The parking and circulation shall be subject to further review by the City Traffic Engineer. The parking layout and vehicular circulation shall comply with City Standard Std- 805 -L -A and STD - 805 -L -B. 10. Trash enclosures shall not impact adjacent parking stalls or drive aisles. 11. No above ground obstructions are permitted within the drive aisles (i.e. bollards, steps, etc.). Attachments Appendix A General Plan Goal and Policy Consistency Analysis Appendix B Coastal Land Use Program Policy Consistency Analysis Appendix A: 3388 Via Lido Interim Study Overlay: GeneralPlan Consistency Analysis General Plan Goal or Policv LU 3.3 "Provide opportunities for improved development and enhanced environments for residents in the following districts and corridors ". Specifying that "more efficient patterns of use that consolidate the Peninsula's visitor- serving and mixed uses within the core commercial districts; encourage marine - related uses especially along the bay front; integrate residential with retail and visitor- serving uses in Lido Village ". 1 1.a'3.CI My suldiysls The proposed re- development is consistent with land use policy identified in LU3.3. The current state of the building is extremely poor. Due to a lack of maintenance, as well as the age, the building is not suitable for attracting businesses or visitors. Both the exterior and the interior conditions are viewed as an "eye sore" to an otherwise attractive community. Although an advanced architectural design at its conception in 1960, the building fails to meet the current use and design standards that the General Plan has set forth. LU 5.3.1 "Require that mixed -use buildings be designed to convey The proposed re- development is consistent with land use policy identified a high level of architectural and landscape quality and in LU5.3.1 The proposed project will incorporate a much more fluid and ensure compatibility among their uses in consideration of modulated structure with a flat roof line with a mechanical roof screen the following principles: that will seemingly go unnoticed. The architectural design reimages and - Design and incorporation of building materials and improves all of the exterior elevations including the ground floor and parking areas. The renovation will include a new floor to ceiling custom features to avoid conflicts among uses, such as noise, glazing system, which will allow a view to the bay, and a horizontal gapped vibration, lighting, odors, and similar impacts glazing system that will decrease the exposure of the sun allowing - Visual and physical integration of residential and more efficient energy use. This system will be applied to the two bottom floors nonresidential uses of the commercial element of the building. The ground floor will consist of - Architectural treatment of building elevations and two points of access (residential and commercial) each with their own modulation of their massing elevator. The residential entrance will also act as the access point for the - Separate and well- defined entries for residential units private marina. The landscape will be replanted to improve the aesthetic and nonresidential businesses quality of the property and new garage structures will be constructed - Design of parking areas and facilities for architectural on- site for each of the residential units. consistency and integration among uses - Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street frontage but integrate landscape into interior courtyards and common open spaces " LU 5.3.3 "Require that properties developed with a mix of The proposed re- development is consistent with land use policy identified residential and nonresidential uses be designed to achieve in LU3.3.3. The proposed project will design the conversion of the upper high levels of architectural quality in accordance with floors for residential use so that parking, landscaping, and pedestrian policies LU 5.1.9 and LU 5.2.1 and planned to ensure circulation work effectively between the commercial and residential uses. compatibility among the uses and provide adequate The proposed project provides separate points of access including a lobby circulation and parking. Residential uses should be and elevator shaft for commercial and residential units. The applicant has Goal LU6.9 "A pedestrian- oriented village environment that reflects The proposed re- development is consistent with land use goal identified in its waterfront location, providing a mix of uses that serves LU6.9. The project improves the functionality of uses on the subject visitors and local residents." property and providing separate pedestrian access for each use, the exterior renovations will update the aesthetics of the subject property, and the dock area will be redeveloped for the active use of residents of the subject property, thereby reconnecting the existing building to the adjacent waterway. LU 6.9.1 Encourage uses that take advantage of Lido Village's The proposed re- development is consistent with land use policy identified location at the Harbor's turning basin, including" among "mixed in LU 6.9.1. The uses will share a common ingress, egress, and parking other uses -use buildings that integrate residential circulation area on the subject property. Residential uses will be provided with retail uses areas designated as "MU -W2 ", Sub -Area with a two -car parking garage for each dwelling unit and the commercial A uses will be provided with several surface parking spaces on -site and additional surface parking off -site at 500 32nd Street. LU6.9.2 "Discourage the development of new office uses on the The proposed re- development is consistent with land use policy identified ground floor of buildings that do not attract customer in LU 6.9.1. The commercial floors at the ground level and second level activity to improve the area's pedestrian character." provide an opportunity for retail or office tenant spaces. Both retail and office uses are permitted within the existing land use and zoning designations for the subject property. The current project proposes office uses because the existing use is office and this use may provide the best opportunity for the property owner to obtain a committed tenant within the new building. However, the applicant is open to opportunities for the incorporation of retail uses on the ground level. "Preserve the historic character of Balboa Peninsula's districts by offering incentives for the preservation of historic buildings and requiring new development to be compatible with the scale, mass, and materials of existing structures, while allowing opportunities for architectural diversity." The proposed re- development is consistent with land use policy identified in LU 6.8.6. Although an advanced architectural design at its conception in 1960, the building has been altered significantly from its original design and the condition of the structure has deteriorated due to a lack of maintenance, as well as age. As a result, the building is no longer suitable for attracting commercial businesses or visitors and much of the building has remained vacant in recent years. Both the exterior and the interior conditions are viewed as an "eye sore" to an otherwise attractive Apppendix B: 3388 Via Lido Interim Study Overlay: Coastal Land Use Consistency Analysis wuaaJ �auu wa ridn aodi or roucy CLUP 2.1.4 -8 "For bay fronting properties, require that development on the Bay frontage implement amenities that assure access for coastal visitors including the development of a public pedestrian promenade along the bay front." There is no direct access on the subject property from the street side along Via Lido to the waterside along Newport Harbor. The existing 5 -story building currently encroaches into the required 10 foot bulkhead setback up to the property line. Coastal access is maintained to the dock area via a boardwalk that runs adjacent to the waterside property line and bulkhead. The adjacent property to the south (3366 Via Lido) is required to provide a 6 -foot wide pedestrian walkway to allow access to the boardwalk area from Via Lido. Resubdivision No. 433 required the recordation of a 6 -foot wide pedestrian access easement across the northeast corner of 3366 Via Lido to allow pedestrians to access the public boardwalk area from the interior of the subject property at the southeast corner of the existing building. The proposed project will re- position the adjacent docks in Newport Harbor and provide for a 128 -foot yacht in conjunction with the upper residential unit. The applicant has applied separately through the Harbor Resources Department for approval of this portion of the project. The reconfiguration of the docks will maintain the existing public access to the boardwalk adjoining the docks. CL UP 2.1.5 -1 CLUP 2.1.5 -1 "For bay fronting properties that are designated as MU -W, marine related uses may be intermixed with buildings that provide residential on the upper floors. Permitted uses include those permitted by the CM, CV, and MU -V categories. in the MU -W designation, freestanding and ground floor residential shall not be permitted in Lido Marina Village, Cannery Village, McFadden Square, and Balboa Island." "Encourage uses that take advantage of Lido Village's location at the Harbor's turning basin and its vitality and pedestrian character, including visitor - serving and retail commercial, small lodging facilities (bed and breakfasts, inns), and mixed - use buildings that integrate residential above the ground floor with retail uses." The new residential uses will be located above the second floor, consistent with the uses specified by Coastal Land Use Policy 2.1.5 1 through 2.1.5 -5. The project proposes general office uses which are permitted under the General Plan land use designation, Local Coastal Program Coastal Land Use Plan, and the current and draft Zoning District designations. The Local Coastal Program describes Lido Marina Village as an area where retail sales have suffered; the area "has experienced a high number of building vacancies and many retail stores are underperforming. Parking is limited. Multiple property ownerships have traditionally inhibited cohesive and integrated A_­1____­ I The Local Coastal Program also accounts for the low retail sales the area, "The lower percentage of retail spending by visitors Lido - Cannery is due primarily to the presence of two large grocE stores that serve West Newport, Lido Isle, and the Balb Peninsula and constitute over half of the retail sales." 2 -30 The mix of uses proposed under the current application will provide opportunities for a new retail base and revitalization of the Lido Village community. As stated previously, the applicant is open to the possibility of incorporating retail or office uses into the commercial tenant spaces on the lower two floors. CL UP 2.1.5 -3 "Discourage the development of new office uses on the The current project proposes office uses because the existing use ground floor of buildings in Lido Village that do not attract is office and this use may provide the best opportunity for the customer activity to improve the area's pedestrian character." property owner to obtain a committed tenant within the new building. However, the applicant is open to opportunities for the incorporation of retail uses on the ground level. CLOP 2.1.5 -4 In Lido Marina Village (designated as MU -W), marine- related The current project proposes office uses because the existing use uses maybe intermixed with buildings that provide residential is office and this use may provide the best opportunity for the on the upper floors. Permitted uses include those permitted property owner to obtain a committed tenant within the new by the CM, CV, and MU -V categories. Free - standing building. However, the applicant is open to opportunities for the residential shall not be permitted. incorporation of retail uses on the ground level.