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HomeMy WebLinkAbout1661 - APPROVE UP_500 31ST STREETRESOLUTION NO. 1661 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2005 -001 ESTABLISHING A HEIGHT LIMIT IN EXCESS OF THE 26 -FOOT BASE HEIGHT LIMIT FOR A PROPERTY LOCATED AT 500 31sT STREET (PA2005 -001) WHEREAS, an application was filed by Mr. Chris Brigandi, with respect to property located at 500 315` Street, and legally described as Lot 21 Block 430 of the Lancaster's Addition, requesting an approval of Use Permit No. 2005 -001, to establish a height limit in excess of the 26 -foot base limit pursuant to Section 20.65.055 of the Municipal Code. The applicant proposes to construct a mixed use building with an average roof height of 29 feet, 6 inches for the building and 30 feet, 9 inches above the enclosed parking area, and a peak roof height of 32 feet. WHEREAS, a public hearing was held on March 3, 2005 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the property is designated Retail & Service Commercial & General Industry by the General Plan Land Use Element and zoned Retail & Service Commercial (RSC) of the Cannery Village /McFadden Square Specific Plan District No. 6. The property is presently improved with a single -story residence and the proposed mixed use development is permitted within the General Plan and Zoning designation. NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS: Section No. 1. The Planning Commission makes the following findings: 1. The Land Use Element of the General Plan (LUE) and Local Coastal Program, Land Use Plan (LCP /LUP) both designate the project site as Retail & Service Commercial & General Industry. Residential use is permitted on the second floor above commercial uses provided it meets Floor Area Ratio (FAR) standards. The proposed mixed use development is consistent with the LUE and LCP /LUP as it meets the minimum and maximum commercial FAR and maximum residential FAR and it falls below the 1.25 FAR limit. 2. The increased building height will provide more public visual open space as a result of the building's design that provides increased setbacks along the exterior sides of the project. The required front, side and rear setbacks are 5, 0, and 10 feet repsectively. The project provides a 5 -foot front yard setback, a 1 -foot side yard setback along Villa Way and a 10 -foot rear yard setback on the first level. The second and third levels have a 4 -foot side setback to Villa Way for a portion of the building and a 10 -foot rear yard setback and the third level steps back with a 20 -foot front yard setback. The additional setbacks provide increased open areas that would not be achieved without increase height. Corner balconies and decks at both ends of the building are designed to be opened on two sides to provide more visual open space and views while Planning Commission Resolution No. Paae 2 of 6 attractive landscaping in the form of planters and turf block are being provided throughout the site to soften the building mass. The additional building height is necessary to provide the third -level master bedroom with the required ceiling height while providing a loft style design. If the building was designed without the increase in height, the second level would occupy more area and the building would have less articulation and less open space visible to the public. 3. The increase building height results in a desirable architectural treatment by articulating the building mass and contrasting solid planes with voids. The effect of a simple floating shed roof projecting over and protecting glass doors and windows will provide a more transparent building fagade facing Villa Way. Approximately 50 percent of the exterior walls on Villa Way are set back 4 feet from the property line creating broken wall planes to soften the elevation and provide a composition of light and shadow. Similar wall treatment and setbacks greater than the minimum are provided at the 31St Street and alley elevations. Open stairway, industrial -type window elements, cable balcony railings and upper level planter add to the overall composition and help create a sense of openness. 4. The site is bounded on the north and west by streets and an alley to the south. The increase building height would not result in undesirable scale relationships to the north, south, and west due to the lower roof profile at Villa Way and additional building setbacks that are being provided along 31St Street and Villa Way. The highest portion of the building is being placed away from the abutting streets, toward the interior of the property. A two -story residence is located on the east side of the property. The height of this residential structure is approximately 24 feet. This residential structure is located on the southerly half of the lot where the remainder of the property is used for parking. The 32 -foot high portion of the proposed building is comparable to the adjacent 24 -foot high residence and would not result in undesirable or abrupt scale relationship. Additionally, several surrounding buildings such as the Cannery Lofts, Cannery Restaurant, the 28th Street Marina project, and a mixed use development west of the project are of similar height or taller. Furthermore, this property is likely to be redeveloped with a new building of average height of 26 feet and a peak roof of 31 feet high would not result in an undesirable or abrupt scale relationship. 5. The floor area ratio of the project is 1.18, which is below the maximum of 1.25 FAR; therefore the project does not achieve any additional floor area due to the additional height. 6. The project qualifies for a categorical exemption pursuant to Section 32 (In -Fill Development Projects) of the California Environmental Quality Act Implementing Guidelines. This exemption applies to projects that are consistent with the General Plan and applicable development standards that do not generate other environmental impacts. 7. The proposed development will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City as the project complies with allowable use Planning Commission Resolution No. _ Paae 3 of 6 and all development regulations of the Cannery Village /McFadden Square Specific Plan and the required findings for increased building height can be made. Section No.2. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2005 -001, subject to the Conditions set forth in Exhibit "A ". Section No.3. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF MARCH 2005. AYES: Eaton, Cole, Toerge, Tucker, Selich, McDaniel, Hawkins NOES: None BY: Larry Tucker, Chairman �9 BY: Jef oy , Secre ry Planning Commission Resolution No. Page 4of6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2005 -001 1. The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations stamped received on February 3, 2005. 2. Use Permit No. 2005 -001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent City - adopted version of the Uniform Building Code, but not limited to the following conditions: a. A separate exit passageway from the rear covered parking with a one -hour fire rated wall and door shall be provided. b. The disable parking space shall comply with the applicable requirements. C. A second exit shall be required from the 3`d floor unless an acceptable alternative can be provided to the Building Department's satisfaction. d. A one -hour fire rated wall shall be provided between the commercial space and covered parking. e. The first floor toilet shall have a one -hour fire rated window. 4. All public improvements shall be constructed as required by Ordinance and the Public Works Department, but not limited to the following conditions: a. The existing storm drain catch basin on 31st Street located near the proposed driveway approach shall remain in place. b. Since there is an existing alley adjacent to the development, the proposed new curb cut for a new second driveway approach on 31st Street to serve the development shall require City Council approval. C. A 10 -foot radius comer cutoff at the comer of 31st Street and Villa Way or an alternative design that is acceptable to the Public Works Department shall be dedicated to the public for street and utilities purposes. d. An ADA compliant curb access ramp shall be constructed at the 31st StreettVilla Way curb return. Planning Commission Resolution No. Paae 5 of 6 e. An ADA compliant curb access ramp shall be constructed at the Villa Way /alley intersection. f. Should the new driveway approach on 31St Street be approved, the existing driveway on Villa Way shall be reconstructed with sidewalk, curb and gutter per City Standards. g. Should the new driveway approach on 31"1 Street be approved, an on- street parking space and parking meter shall be installed on Villa Way to replace the existing on- street parking space and parking meter lost to the new driveway approach on 31St Street. 5. The minimum elevation of the finished floor for project buildings shall be 6.27 feet above mean sea level based upon NGVD29 vertical datum. 6. Exterior decks, setback areas, covered passageway, and covered vehicular parking areas shall not be covered or enclosed without the prior approval of the Building and Fire Departments and the Planning Commission. 7. Commercial trash receptacle(s) shall be stored within the commercial space or shall otherwise be screened from public view as determined by the Planning Director. Residential trash receptacles shall be stored within the residential garage. 8. The enclosed garage shall be available for the exclusive use of the residential occupants for parking purposes only. No conversion of the garage spaces to other use shall be permitted. The covered parking spaces shall be available for the exclusive use of the commercial businesses and customers while those commercial businesses are open for business. 9. The commercial space within the project shall not be converted or used for residential purposes. Residential space shall be used for residential purposes and shall not be converted or used for exclusive commercial purposes. Commercial activity within the residential portions of all buildings shall comply with Section 20.60.100 (Home Occupations in Residential Districts). 10. Signs shall be regulated by the Balboa Sign Overlay except that roof signs shall be prohibited. 11. The applicant shall provide wheel stops or other approved protective barrier methods as necessary within the covered parking areas. The parking spaces shall be marked with approved traffic markers subject to the approval of the Public Works Department or painted white lines not less than 4 inches wide. 12. The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director prior to the issuance of a building Planning Commission Resolution No. Pacie 6 of 6 permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 13. All landscape materials and landscaped areas shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance.