Loading...
HomeMy WebLinkAbout1917 - APPROVED UP2013-007 and VA2013-007 - 2828 E COAST HWYRESOLUTION NO. 1917 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2013 -007 FOR A REDUCTION IN REQUIRED OFF - STREET PARKING AND VARIANCE NO. VA2013 -007 FOR AN ENCROACHMENT INTO THE ALLEY SETBACK AND DRIVE AISLE WIDTH LOCATED AT 2828 EAST COAST HIGHWAY (PA2013 -090) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Laidlaw Schultz Architects, with respect to property located at 2828 East Coast Highway, and legally described as Lot 4 and the southeasterly 30 feet of Lot 3, Block N, Tract 323, requesting approval of a Conditional Use Permit and Variance. 2. The applicant proposes to demolish the existing building and construct a two -unit commercial building with a surface parking lot with nine parking spaces. The applicant requests a Conditional Use Permit to establish a Parking Management Plan to reduce the required off - street parking by two parking spaces. The applicant requests a Variance to allow the parking spaces to encroach 1 -foot into the required 5 -foot alley setback and for more than 10 -feet of the alley right -of -way to be used to accommodate the required drive aisle width. The site currently has a drive aisle on East Coast Highway. The proposal includes closing up the curb cut, providing one additional on- street space, and providing access to the parking lot from the alley at the rear of the property. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on August 8, 2013, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 32 (In -Fill Development). Planning Commission Resolution No. 1917 Paae 2 of 11 2. Class 32 exempts in -fill development meeting the following conditions: the project is consistent with the General Plan and Zoning Code; the proposed development occurs within city limits on a project site of no more than 5 acres substantially surrounded by urban uses; the project site has no value as habitat for endangered, rare, or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site must be able to be adequately served by all required utilities and public services. The property is developed, within the City Boundary, less than 5 acres in area, is surrounded by urban uses, and has no value as habitat. 3. The proposed project is consistent with the General Plan and Zoning Code, and would be adequately served by all required utilities and public services. The project would not result in significant effects relating to traffic, noise, air quality or water quality because the proposed project would be developed at a lower intensity than allowed by the General Plan and Zoning Code, and the construction and operation of the project would meet all local, state, and federal requirements. The proposed project meets all of the required conditions to qualify for the Class 32 exemption. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 and Section 20.52.090 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Use Permit Findings Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The anticipated retail sales use is consistent with the CC (Corridor Commercial) land use designation of the General Plan, which is intended to provide a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Other uses may be permitted in accordance with the CC land use designation. The proposed commercial suites are designed and oriented to serve residents and visitors in the area. The front of the buildings would be designed with planters and glass along East Coast Highway, with a corridor between the buildings from the street to the parking lot. The curb cut would be closed on East Coast Highway, which is intended to foster pedestrian activity along the street. The intent is to also serve customers who walk or bicycle to the establishment. 2. General Plan Policy LU 6.16.3 encourages closing curb cuts that interrupt the continuity of street - facing building elevations in pedestrian- oriented districts and locations of high traffic volumes. The proposed curb cut closure and alley access to parking are consistent with this policy. 04 -24 -2013 Planning Commission Resolution No, 1917 Page 3 of 11 Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The anticipated retail sales use is located in the Corridor Commercial (CC) Zoning District, which is intended to provide for areas appropriate for a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The anticipated retail sales use is permitted by right within this Zoning District. Other uses would be required to conform to the requirements of the CC Zoning District. 2. The Conditional Use Permit approval is consistent with Chapter 20.40 (Off- Street Parking) of the Zoning Code regarding the waiver of two (2) of the eleven (11) required parking spaces in conjunction with the Parking Management Plan because the proposed project includes creating additional on- street parking and other parking is available in the area. According to the 2008 Walker Parking Study, the on- street parking near the subject property is underutilized. The study found that during the peak times, parking occupancy on East Coast Highway between Goldenrod Avenue and Heliotrope Avenue was less than 50 percent. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The proposed project is located within a nonresidential zoning district, but residential uses are located nearby on Goldenrod Avenue and Heliotrope Avenue. The project is similar to and compatible with other neighborhood - serving retail and service uses located on East Coast Highway, including retail sales, service, institutional, and restaurant uses. The size of the building and subject suites are comparable to other buildings in the Corona del Mar area. The proposed retail building is single -story with a Floor Area Ratio of 0.47 where 0.75 is allowed. 2. The operational characteristics are proposed to be that of a typical retail sales use that would serve residents, visitors, and employees in the area. The operating characteristics would be compatible with the allowed commercial, institutional, and residential uses in the vicinity. 3. The subject site would be developed with nine (9) parking spaces. The proposed project would create an additional on- street parking space by closing up the curb out on East 04 -24 -2013 Planning Commission Resolution No. 1917 Page 4 of 11 Coast Highway, which would also increase pedestrian safety in front of the subject property. Businesses in Corona del Mar often serve pedestrians and bicyclists. Finding: D. 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. Facts in Support of Finding: 1. The lot is approximately 5,568 square feet in area, and is proposed to be developed with a two- tenant building and surface parking lot containing nine (9) parking spaces. 2. The proposed project includes a Conditional Use Permit to reduce the requirement by two (2) off - street parking spaces and would not negatively affect emergency access. The lot has street and alley access, the buildings are designed with a corridor between them, and each suite is designed with multiple doors and windows for ingress and egress. 3. The Public Works Department, Building Division, and Fire Department have reviewed the application. The project is required to obtain all applicable permits from the City Building and Fire Departments and must comply with the most recent, City- adopted version of the California Building Code. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor 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. Facts in Support of Finding: 1. The anticipated retail sales use is similar to and compatible with other neighborhood - serving retail and service uses in the vicinity. The current use is a retail and service use that has not proven detrimental thus far. Uses other than retail sales will comply with the Commercial Corridor Zoning District. 2. The proposed reduction of the required off- street parking would not be detrimental because the site would be developed with nine (9) parking spaces, would create an additional on- street parking space, other parking is available in the vicinity, and is in an area with pedestrian and bicycle activity. 04 -24 -2013 Planning Commission Resolution No. 1917 Page 5 of 11 Variance Findings Finding: F. There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: 1. Closing the curb cut is consistent with General Plan Policy LU 6.16.3; however, it makes it more difficult to maximize the amount of parking available on -site. The lot depth and lot size of the subject property are smaller than several of the lots in Corona del Mar along East Coast Highway. The shape and topography of the site make it difficult to develop the parking along the rear of the property. The rear property line is skewed and the irregular shape of the lot hinders the development of a typical surface parking lot. 2. Pursuant to Section 20.38.040, existing nonresidential structures within Corona del Mar that are nonconforming because they exceed the allowed floor area may be demolished and reconstructed to their preexisting height and floor area; provided that not less than the preexisting number of parking spaces is provided. The subject property is not nonconforming due to floor area; therefore, this provision is not applicable. Finding: G. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. Facts in Support of Finding: 1. Strict application of the alley parking setback and drive aisle width would require that the building size be reduced to accommodate the additional parking setback. Several properties in the vicinity do not provide the code - required off - street parking or drive aisle width. The proposed retail building is single -story with a Floor Area Ratio of 0.47 where 0.75 is allowed. Finding: H. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Findinq: 1. The application of the 5 -foot alley setback and the drive aisle width limit the area that can be dedicated to parking and would reduce the amount of floor area that could be 04- 24.2013 Planning Commission Resolution No. 1917 Pane 6of11 developed. The proposed encroachment into the rear setback is reasonable in this case due to the short depth of the lot at the northern side of the property and the angle of the parking from the alley. The proposed 4 -foot setback affords the property owner a more usable lot area to construct a building at a pedestrian scale and maximize the number of parking spaces. Finding: I. Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. Facts in Support of Finding: 1. The proposed 4 -foot alley setback and drive aisle width would not result in a special privilege because it is consistent with the neighborhood pattern of development. The proposed encroachment is compatible with similar development in the area. The adjacent property to the east on the opposite side of the alley provides a 5 -foot setback to the building, but is developed with landscaping, bollards, and other obstructions adjacent to the alley. 2. The proposed retail building is single -story with a Floor Area Ratio of 0.47 where 0.75 is allowed. 3. Pursuant to Section 20.38.040, existing nonresidential structures within Corona del Mar that are nonconforming because they exceed the allowed floor area may be demolished and reconstructed to their preexisting height and floor area; provided that not less than the preexisting number of parking spaces is provided. The subject property is not nonconforming due to floor area; therefore, this provision is not applicable. Finding: J. Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor 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. Facts in Support of Finding: 1. The proposed parking area would provide adequate setbacks for safe maneuvering for vehicles, as reviewed by the City Traffic Engineer. 2. The proposed project would not be built to the maximum intensity allowed within the Zoning Code, and would maximize the amount of parking that could be developed across the rear of the site. 3. The proposed project would provide the required drive aisle width, including the 4 -foot setback and 14 -foot wide alley right -of -way. 04 -24 -2013 Planning Commission Resolution No. 1917 Page 7 of 11 Finding: K. Granting of the variance will not be in conflict with the intent and purpose of this section, this Zoning Code, the General Plan, or any applicable specific plan. Facts in Support of Findin 1. The granting of the 1 -foot encroachment into the alley setback and using the entire alley right -of -way to accommodate the required width would not conflict with intent and purpose of the Zoning Code or General Plan. The alley setback is required to provide adequate and safe maneuvering drive aisles. In this case, the vehicles would not enter the abutting alley in a forward direction; however, the required drive aisle width would be provided. 2. The intent of the alley parking setback is to provide adequate maneuvering for vehicles entering and leaving the site. The proposed design maintains a 4 -foot setback and the required drive aisle width. The request to deviate from the alley setback and drive aisle width is reasonable and justified due to the depth, topography, and angle of the lot. 3. The subject property is not located within a specific plan district SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2013 -007 and Variance No. VA2013 -007, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 04 -24 -2013 Planning Commission Resolution No. 1917 Paqe 8 of 11 PASSED, APPROVED, AND ADOPTED THIS 8T" DAY OF AUGUST, 2013. AYES: AMERI, BROWN, HILLGREN, KRAMER, MYERS, AND TUCKER NOES: NONE ABSTAIN: NONE ABSENT: LAWLER M C31 04 -24 -2013 Planning Commission Resolution No. 1917 Paae 9 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 2. Conditional Use Permit No. UP2013 -007 and Variance No. VA2013 -007 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit and Variance. 5. This Conditional Use Permit and Variance may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or leasing agent. 7. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 8. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9. Prior to the issuance of a building permit for the proposed project, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that 04 -24 -2013 Planning Commission Resolution No. 1917 Page 10 of 11 produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 11. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 12. An encroachment permit is required for all work activities within the public right -of -way. 13. Prior to final of the building permit for the proposed project, the driveway approach on East Coast Highway shall be closed per City Standard STD - 165 -L. 14. Prior to issuance of a Certificate of Occupancy for the proposed project, a minimum of one new on- street parking space shall be installed in the area where the existing driveway on East Coast Highway is being closed. 15. Prior to the issuance of a building permit for the proposed project, approval shall be provided from Southern California Edison for the proposed guy wire relocation locate adjacent to the alley behind the property. 16. Due to the proposed design of the trash enclosure door swinging into the adjacent parking stalls, trash pickup shall be scheduled outside of normal business hours. 17. The proposed tandem parking stalls shall be employee only parking and the tandem stalls shall be assigned to the same tenant suite. 18. Prior to issuance of a Certificate of Occupancy for the proposed project, all damaged or broken curb, gutter and sidewalk along the East Coast Highway project frontage shall be reconstructed per City standards. The extent of the reconstruction shall be at the discretion of the Public Works Inspector. 19. Prior to issuance of a Certificate of Occupancy for the proposed project, all damaged or broken concrete alley panels shall be reconstructed per City Standard. The extent of the reconstruction shall be at the discretion of the Public Works Inspector. 20. 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 Schulein Parking Use Permit and Variance including, but not limited to, the Conditional Use Permit No. UP2013 -007 and Variance No. VA2013 -007. This indemnification shall include, but not be limited to, damages 04- 24-2013 Planning Commission Resolution No. 1917 Page 11 of 11 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. 21. The construction plans for the project shall specify the color and materials of the building. The building materials shall consist of smooth plaster, articulated iron columns, iron planter boxes, and dark canvas awnings. 22. Awning signs are not permitted. 04 -24 -2013