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HomeMy WebLinkAbout5.0 - Staff Report_150 Newport Center Residential Project CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 18, 2016 Meeting Agenda Item No. 5 SUBJECT: 150 Newport Center Residential Project (PA2014-213) 150 Newport Center Drive • General Plan Amendment No. GP2014-003 • Code Amendment No. CA2014-008 • Planned Community Development Plan No. PC2014-004 • Site Development Review No. SD2014-006, • Tentative Tract Map No. NT2015-003 (County Tentative Tract Map No. 17915) • Development Agreement No. DA2014-002 • Environmental Impact Report No. ER2015-002 APPLICANT/OWNER: Newport Center Anacapa Associates, LLC PLANNER: Makana Nova, Associate Planner (949) 644-3249, mnova@newportbeachca.gov PROJECT SUMMARY The proposed project consists of the demolition of an existing 8,500-square-foot car-wash, convenience market, and gas station to accommodate the development of a 6-story 45- unit residential condominium building with three levels of subterranean parking. The applicant, Newport Center Anacapa Associates, LLC, requests the following approvals: • General Plan Amendment - to change the land use category from CO-R (Regional Commercial Office) to RM (Multi-Unit Residential) and establish an anomaly (Table LU2) designation for 45 dwelling units. • Zoning Code Amendment - to change the Zoning District designation from OR (Office Regional Commercial) to PC (Planned Community District) over the entire site. • Planned Community Development Plan - to establish a planned community development plan (PC) over the entire project site that includes development and design standards for 45 residential condominium units. The request also includes a City Council waiver of the minimum site area of 10 acres. A height limit of 65 feet 6 inches with mechanical appurtenances up to 69 feet 6 inches is requested. • Site Development Review - to allow the construction of 45 multi-family dwelling units. • Tentative Tract Map - to establish a 45-unit residential condominium tract on a 1.3 acre site. • Development Agreement - review of a proposed development agreement that would provide public benefits should the project be approved. 1 150 Newport Center Planning Commission, August 18, 2016 Page 2 • Environmental Impact Report (EIR) - to address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals, the City has determined that an Initial Study and Environmental Impact Report (EIR) are warranted for this project pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ (Attachment No. PC 1) and attached Exhibits recommending the City Council approve a reduced project height of 55 feet and: • Certify Environmental Impact Report No. ER2015-002; and • Approve General Plan Amendment No. GP2014-003, Code Amendment No. CA2014-00808; Planned Community Development Plan No. PC2014-004, Site Development Review No. SD2014-006, Tentative Tract Map No. NT2015-003 (County Tentative Tract Map No. 17915), and Development Agreement No. DA2014-002; or 3) Provide direction to staff for an alternative recommendation and continue the application to September 1, 2016. INTRODUCTION Project Site and Background The subject property (Property) is located at 150 Newport Center Drive within the Newport Center area and is located at the southwest corner of Newport Center Drive and Anacapa Drive. The Property consists of a single parcel, which is 54,716 square feet (1.3 acres) and an ingress/egress access easement to the south of the Property. The Property is currently developed with an 8,500-square-foot car wash with ancillary convenience market and service station. On August 6, 1970, the Planning Commission approved Use Permit No. UP1461 for the construction of an automatic car wash with gasoline sales. The property is currently designated by the Land Use Element of the General Plan as OR (Regional Commercial Office) and OR (Office Regional Commercial) under the Zoning Code, consistent with the existing use on the property. Development to the north across Newport Center Drive is part of the Fashion Island Shopping Center. To the east across Anacapa Drive, is a mix of office and retail buildings, including the Edwards Big Newport Cinemas. The adjacent property to the south and east is developed with six 2-story office buildings known as Gateway Plaza. The Gateway Plaza development shares driveway access with the subject property, where 150 Newport Center has a nonexclusive ingress/egress over the entire Gateway Plaza property as part of their grant deed. Access to the project site primarily occurs at the driveway immediately to the south of 150 Newport Center Drive. 2 150 Newport Center Planning Commission, August 18, 2016 Page 3 VICINITY MAP - 1vo Subject Property +o; a GENERAL PLAN ZONING t LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE CO-R (Regional OR (Office Regional Car Wash, Convenience Commercial Office Commercial) Market, and Service Station NORTH CR (RegionalPC-56 (North Newport Center, Fashion Island Shopping Commercial Fashion Island Sub-Area) Center SOUTH CO-R (Regional PC-56 (North Newport Center, Office Development Commercial Office) Block 100 Sub-Area EAST CO-R (Regional OR (Office Regional Office and Retail Businesses Commercial Office) Commercial CO-R (Regional PC-56 (North Newport Center, WEST Commercial Office Block 100 Sub-Area) Office Development 3 150 Newport Center Planning Commission, August 18, 2016 Page 4 Project Description The proposed project consists of the demolition of an 8,500-square-foot car-wash and gas station to accommodate the development of 45 condominium dwelling units on a 1.3 acre site (Project Plans- Attachment No. PC 18). The building is designed as a single structure with two "enclaves" connected at the center. The exterior would be comprised predominantly of a pre-cast concrete fagade, stainless steel finishes, and glass. Massing off-sets, variations of roofline, varied textures, recesses, articulation, and design accents on the elevations would be integrated in order to enhance the building's architectural style. As proposed by the applicant, the building reaches an overall height of 65 feet 6 inches to the top of the roof with mechanical appurtenances such as an elevator override and heating and air conditioning equipment that extend up to 69 feet 6 inches feet in height measured from average grade. Visitor, delivery, moving vehicle, and residential valet access to the project site would be provided via two curb cuts with two-way drive aisle access from Anacapa Drive at the eastern portion of the project site. Resident access to below-grade parking areas would be provided via a single two-way curb cut to the south of the Property over an ingress/egress access easement. Each unit will be provided with a 2-car garage and 25 guest parking spaces within a 3-level subterranean basement (two guest spaces are provided at the entry level). The basement levels also include designated trash enclosures for the storage of trash and recycling bins. The residential units are designed as flats, which consist of 15 townhouse units at the first and second level, nine units on levels three and four, eight units on level five and four units on level 6. The units range in size between 1,645 square feet to 3,608 square feet of gross floor area. Exterior access to the first floor units is provided from adjacent walkways along the Newport Center Drive frontage with private patio areas leading up to each entry. Common areas at the entry level include a dog run along the Newport Center Drive frontage, as well as enhanced paving and planting areas. The upper level of the building provides common recreational amenities including a roof-top pool and clubhouse. The tract map will establish each unit for individual sale and easements to accommodate the location of the proposed structures. Planning Commission Public Hearing of July 21, 2016 Refer to the Planning Commission staff report and minutes from July 21, 2016 (Attachment No. PC 3 and 4), for a full discussion of the proposed legislative land use amendments for the property including the General Plan Land Use Amendment and designation of an anomaly for 45 dwelling units, Zoning Code Amendment, and Planned Community Development Plan including a waiver of the 10-acre minimum and a discussion of the proposed project height. 4 150 Newport Center Planning Commission, August 18, 2016 Page 5 At the July 21, 2016 meeting, the Planning Commission asked staff to provide additional land use options such as a mixed-use land use designation or the incorporation of the Property into other nearby Planned Communities to better understand the implications of selecting a specific land use for the property. The Planning Commission also asked for additional information regarding the background of existing Planned Communities that do not meet the 10-acre minimum and the Zoning Code history behind the 10-acre minimum. Finally, the Planning Commission requested information regarding the history of height limits in Newport Center. Following public comments and at the request of staff, the public hearing was continued to August 18, 2016, to continue the discussion of the proposed legislative amendments and review the project specific discretionary applications and EIR. It is important to note that a Zoning Amendment can be initiated in accordance with Section 20.66.020 (Amendments) of the Zoning Code by the City Council, Planning Commission, or by owners or authorized agents of property for which the amendment is sought. All owners or their authorized agents must join in filing the application. This is a private property owner application limited to 150 Newport Center Drive. DISCUSSION Land Use Options As noted, at the July 21St meeting, the Planning Commission asked to consider the possibility of other land use designations for the property. General Plan Mixed Use Option Mixed use designations in the Newport Center area utilize the MU-H3 (Mixed-Use Horizontal) land use designation. The MU-H3 designation does not include a standard development limit. Instead, MU-H3 properties are governed by Table LU2 (Anomaly Table of the General Plan) which identifies the number of dwelling units and square footage of nonresidential development specific to each property. Therefore, for the purpose of this analysis another mixed-use land use designation may be considered which would allow a range of 20.1-26.7 dwelling units/acre and nonresidential floor area within a range of 0.25 to 0.5 floor area ratio (FAR). For the subject Property, this results in a potential range of 25-33 dwelling units for the property and 13,721 to 27,443 square feet of nonresidential floor area. The mixed-use option provides for a greater intensity of development with the incorporation of nonresidential floor area in addition to the residential dwelling units requested by the applicant. The addition of nonresidential floor area to the proposed residential project presents traffic, parking, land use, and utilities implications, which would require the EIR to be revised and recirculated to incorporate and consider these potential impacts. If the land use was designated as MU-H3 but limited to residential dwelling units only under Table LU1, the EIR would not need to be recirculated since 5 150 Newport Center Planning Commission, August 18, 2016 Page 6 this would not result in any physical changes to the project as proposed. In either case, the project would need to be continued and re-noticed appropriately for this option. Planned Community (PC) Zoning Options The Planning Commission also requested information to consider incorporating the Property into a nearby Planned Community, which would eliminate the need to waive the 10-acre minimum for a standalone PC. The PC Zoning District and corresponding 10-acre minimum and waiver process have been in place since the 1970 Zoning Code. Attachment No. PC 5 provides a menu of Zoning options to consider for the project. There are 12 PC's within the Newport Center Statistical L1 area including: • PC-17 (Corporate Plaza) • PC-19 (San Joaquin Plaza)* [2.92 acres] • PC-21 (Sea Island Apartments)** • PC-27 (Newport Village) • PC-28 (Block 400 Newport Center) • PC-30 (Villa Point Apartments) ** • PC-40 (Corporate Plaza West) • PC-46 (Block 500 Newport Center)* [4.37 acres] • PC-47 (Armstrong Garden)* [1.11 acres] • PC-47 (Newport Beach Country Club) ** • PC-54 (Santa Barbara Condominiums)* [4.25 acres], ** • PC-56 (North Newport Center)** * PC does not meet the 10-acre minimum ** PC includes residential development Of these PC's, four are less than 10 acres. PC-47 (Armstrong Garden) was originally approved as a use permit in the "Unclassified" Zoning District in 1972. The use permit conditions were later adopted as a Planned Community when the use permit was amended in 1998. Two of these PC's (San Joaquin Plaza and Block 500 Newport Center) were originally greater than 10 acres in size but were reduced in size in 2007 when portions of the PCs were removed and incorporated into the PC-56 (North Newport Center Planned Community). PC-54 (Santa Barbara Condominiums), which is developed with the Meridian townhomes, received a waiver of the 10-acre minimum in 2007. The resolution approving this waiver indicates that the development was viewed in the larger context of the surrounding neighborhood, similar to the current Project request. Of these PC's, five currently allow for some form of residential development. Attachment No. PC 6 provides identifies existing residential development standards such as density, floor area ratio (FAR), and height within each PC and residential area within Statistical Area L1 (Newport Center) as a means of comparison for the proposed development. 150 Newport Center Planning Commission, August 18, 2016 Page 7 Staff recommends adoption of a waiver of the 10-acre minimum to create a separate 150 Newport Center Planned Community Development Plan with specific development standards for the project as identified in Attachment No. PC 1, Exhibit E. Alternatively, the project could be incorporated into the PC-56 (North Newport Center Planned Community) as a separate sub-area or part of Block 100. This existing Planned Community is immediately adjacent to the Property and a waiver of the 10-acre minimum would not be necessary for this action. Note that heights in the PC-56 (North Newport Center Planned Community) are measured from finished surface at the high side of the property (170 feet NAVD88 elevation), which results in a 6-foot reduction of the height measurement for the proposed Project. A draft redline of PC-56 incorporating the project as a separate sub-area and as part of Block 100 are included as Attachment Nos. PC 7 and 8, respectively. Planned Community (PC) Development Standards The proposed PC standards (Attachment No. PC 1, Exhibit E) are modeled after the RM Zoning District regulations and the North Newport Center Planned Community development standards with project specific standards designated for setbacks and height. Table 1, below, provides a comparison between the RM Zoning District standards and the applicant's requested Planned Community. The existing OR Zoning District standards are included for reference, as applicable. Table 1- Development Standards Comparison OR District 150 Newport Center Does Proposed Development Standard RM District Planned Community PC Comply Standards (Existing) Standard (Proposed) With RM? 6,000 square Yes Lot Size 10,000 square feet min. for 54,687 square feet(1.26 feet min. newly created acres) corner lots 25 dwelling 45 dwelling units (35 No Maximum N/A units (20 du/acre) Density du/acre Setbacks Newport Newport Center Drive Center Drive • 15 feet basement 15 feet • 24 feet building Yes, building Front Anacapa Drive 20 feet Anacapa Drive setbacks 15 feet • 15 feet basement . 22 feet 6 inches No, building basement/podium Western property line setbacks 20 feet 9 • 3 feet basement Side 0 feet inches (8% of . 0 feet podium avg. lot width) . 14 feet building 150 Newport Center Planning Commission, August 18, 2016 Page 8 Table 1-Development Standards Comparison OR District 150 Newport Center Does Proposed Development RM District PC Comply Standard Planned Community Standards (Existing) Standard (Proposed) With RM? South property line Rear 0 feet 10 feet • 7 feet basement • 22 feet building • 32 feet for • 28 feet for flat roofs flat roofs or • 37 feet for parapet walls sloped roofs • 33 feet for . 65 feet 6 inches for roof DevelopmenSite Site sloped roofs • 67 feet 6 inches for t Height Review: Development parapets No • 50 feet forReview: • 69 feet for 6 inches flat roofs or . 32 feet for mechanical parapet flat roofs or appurtenances roofs parapet roofs • 55 feet for • 37 feet for sloped roofs sloped roofs 163,260 sq. ft building Maximum Floor area (133,671 of Area 8,500 sq.ft. for 1 basement) Buildable Area x non-residential (1.75 sq. ft. (4.39 FAL with required No Floor Area Limit development (1.75 FAL) buildable area) (FAL) (3.43 FAL with proposed buildable area Open Space Common N/A 3,375 sq.ft. 10,636 sq.ft. Yes 75 sq.ft./unit 6,019 sq.ft. 30 sq.ft./unit(50% of Private (assumes units) (5% of gross floor N/A 120,393 sq.ft. ft sq./unit((50/o units)to 1,605 sq. Yes 12 area/unit) unit area) ft sq. sq. ft. total (8.8% of total unit sq.ft.) Parking Resident 90 spaces in private (2 per unit N/A 90 spaces covered) garages Guest(0.5 per 25 spaces in surface Yes unit) 23 spaces parking areas Total N/A 113 spaces 115 spaces 96 sq. ft. 24 sq. ft. common refuse 331 sq. ft. common Solid Waste and refuse 96 sq. ft. refuse Recyclable 24 sq. ft. common 331 sq ft common Yes Materials recycling recycling recycling 48 sq. ft. total 192 sq. ft. 662 sq. ft. common total common total 150 Newport Center Planning Commission, August 18, 2016 Page 9 1 Per Section 20.18.030, up to 200 square feet of floor area per required parking space devoted to enclosed parking shall not be included in calculations of total gross floor area. Site Access The proposed project provides two driveways that serve the main building entrance along Anacapa Drive and would primarily serve guests, residential valet, deliveries, and moving vehicles. The applicant requests a waiver of Council Policy L-2 to utilize a radius curb cut design along Anacapa Drive. Council Policy L-2 specifies that driveway approaches may utilize a curb return design with a maximum curb radius of 25 feet and a driveway approach bottom of greater than 35 feet only if the driveway serves an entrance to a parking area or structure for more than 200 vehicles. Since the proposed parking structure does not serve more than 200 vehicles a waiver of this policy is necessary to utilize this curb return design. Public Works staff has reviewed this request and does not object to the applicant's request. The Gateway Plaza development to the south shares driveway access with the subject property, where 150 Newport Center has a nonexclusive ingress/egress over the entire Gateway Plaza property as part of their grant deed. Access to the project site primarily occurs at the driveway immediately to the south of 150 Newport Center Drive. Residential site access is proposed primarily through this southerly driveway. Additionally, trash service is proposed within the southerly access drive, where scout trucks would roll bins for pick-up within the 24-foot wide ingress portion of the driveway. Public Works has reviewed the proposed circulation plan and determined that adequate width is available for trash trucks and residential vehicles to simultaneously and safely utilize the driveway for this purpose. The circulation plan is provided as Attachment No. PC 9. There are two existing pedestrian easements on the property, a 3-foot wide pedestrian easement along Anacapa, which would be protected in place, and an 18-foot wide pedestrian easement at the south edge of the property, which would be reduced to a 5- foot width, consistent with the width of the proposed sidewalk area. Public Works staff has reviewed the internal site circulation and determined that the circulation plan is adequate. Conditions of approval are included in the draft resolution (Attachment No. PC 1, Exhibit G) requiring a stop sign within the internal circulation route of Block 100 to ensure that vehicles passing by can adequately see vehicles exiting the residential parking structure. Setbacks The 150 Newport Center Planned Community proposes setbacks that are specific to the design of the project. For each street frontage, the first floor level would be set back to enhance pedestrian connections and provide a direct entry for each dwelling unit at the ground level. The proposed development would provide increased setbacks and open 9 150 Newport Center Planning Commission, August 18, 2016 Page 10 space standards compared to the existing commercial zone along Newport Center Drive and Anacapa Drive. The OR (Office-Regional) Zoning District requires 15-foot setbacks adjacent to street frontages and 0-foot setbacks alongside and rear property lines. The proposed building would be setback a minimum distance of 20 feet front each street frontage and 14 feet and 22 feet respectively along the west and south property frontages. The proposed setbacks are for the project site, allowing for sufficient openness and vehicle circulation throughout the interior of the project site. While the basement and podium level setbacks proposed are less than the RM Zoning District development standards, these structures occur largely below grade and the building setbacks above the podium level comply with both the RM and OR Zoning District setback requirements. Exceptions to the building setbacks for the podium/basement at the lower level accommodate the parking garage and 3.5% grade differential that occur on the Property. At the south end of the property where grade elevations are lower, the podium levels would be regulated as basement walls and would not exceed elevations of 10 feet in height to the top of wall. Open guardrails with landscaping below would be provided to improve the edge condition along the south and west podium walls adjacent to Block 100. Open Space/Amenities The proposed PC would provide required common open space areas and residential amenities at the entry level as required in the RM Zoning District (15 percent of the buildable area). The site design provides 10,389 square feet of exterior outdoor common open space at the entry and pool deck levels where a total of 3,375 square feet are required (75 square feet/dwelling unit) under the RM development standards of the Zoning Code. Private open space would provide the same standards as are required for residential dwelling units within the North Newport Center Planned Community (a minimum of 30 square feet with a 6-foot dimension for 50 percent of the dwelling units). The building design provides 10,389 square feet of private open space where a minimum of 6,019 square feet are required under the RM development standards of the Zoning Code. A minimum of 500 square feet of common indoor space is also provided, consistent with the standards of the PC-56 (North Newport Center Planned Community). Parking A total of 90 residential garage parking spaces are required and provided by the proposed project at a rate of two garage spaces per dwelling unit. In addition, 25 guest parking spaces are required and provided at a rate of 0.5 space per dwelling unit with 10 150 Newport Center Planning Commission, August 18, 2016 Page 11 two surplus parking spaces. The Public Works Department has reviewed the project's vehicle circulation and determined that the proposed layout is sufficient to provide safe and adequate vehicle access throughout the site including access for emergency vehicles, delivery trucks, and individual trash pick-up. Height As stated in the July 21, 2016, Planning Commission staff report, staff recommends a reduced project height of 55 feet to the top of the roof (five stories) with mechanical appurtenances up to 61 feet. This alternative creates greater equity with the height limit of 50 feet with mechanical appurtenances up to 60 feet established for the majority of Block 100 and allowed in the North Newport Center Planned Community. The applicant has provided a site plan and elevation reflecting the reduced height alternative, which retains the setbacks of the proposed project (Attachment No. PC 16). Floor Area/Floor Area Ratio (FAR) The 6-story building proposed by the project applicant includes a total floor area of 141,013-square feet, resulting in a 2.57 FAR for the project. The reduced 5-story height recommended by staff that retains the proposed setbacks includes a gross floor area of 131,878 square feet, resulting in a 2.41 FAR. Residential Design General Plan Land Use Policy LU 5.1.9 (Character and Quality of Multi-Family Residential) requires that multi-family dwellings be designed to convey a high quality architectural character in accordance with principles for building elevations, roof design, and parking. Units at the first level provide direct access to patio areas and the adjacent sidewalk/walkways where the entries are setback and elevated to ensure adequate security. All proposed dwelling units incorporate high quality architectural treatments and materials such as pre-cast concrete fagade, stainless steel finishes, and glass to achieve a classically inspired architectural expression. Roof appurtenances such as the elevator override and HVAC equipment areas have been consolidated at the upper level to reduce the apparent scale of the proposed buildings and provide interest and variety. Vertical architectural projections provide additional architectural variation and modulation of the building at the upper levels. Enclosed parking garages within the basement levels for each unit are incorporated into the integral unit design of the building and are readily accessible from the internal stairway and elevator access. For these reasons, staff believes the project would be fully consistent with Land Use Element Policy LU 5.1.9. General Plan Policy LU 6.14.5 Urban Form states, "Encourage that some new development be located and designed to orient to the inner side of Newport Center Drive, establishing physical and visual continuity 11 150 Newport Center Planning Commission, August 18, 2016 Page 12 that diminishes the dominance of surface parking lots and encourages pedestrian activity. (Imp 2.1, 3.1, 4.1)" The proposed residential development would support the existing vision of Newport Center, by providing a level of architectural expression that creates a strong sense of place and connection to the existing surrounding resources and retail/professional office environment afforded by Newport Center. The building architecture and articulation bears a strong resemblance and architectural continuity with surrounding professional office buildings throughout Newport Center. The building would be oriented toward the adjacent street frontages, with pedestrian access at grade with the adjacent streets. Townhouse units would provide direct entries to Newport Center Drive. Additionally, the residential development would provide landscape and other open space amenities such as a dog run along the Newport Center Drive frontage, improving the pedestrian connection along this street. The building design adjacent to Anacapa Drive would accommodate the primary guest entrance to the building with two driveways, valet service, parcel delivery, and pedestrian access to the main building lobby. The project site design does not include surface parking areas and utilizes basement level parking for residential and guest parking. Landscape A total of 8,389 square feet of landscaped area is provided on-site, which will comply with the requirements of Chapter 14.17 (Water-Efficient Landscaping) of the Municipal Code. Construction Management Plan and Haul Route A detailed construction management plan is provided and has been reviewed by the Public Works Department (Attachment No. PC 10). The project includes temporary lane closures of Newport Center Drive and Anacapa Drive for the installation of temporary tie-backs and construction staging. A street closure permit is required at the discretion of Public Works and will not include full street closures or lane closures for durations longer than two weeks. Lane closures will not be permitted during the holiday season. The Coyote Canyon Landfill located at 20661 Newport Coast Drive is proposed as an off-site truck staging area for trucks to queue prior to accessing the project site. Refer to the haul route provided as Attachment No. PC 10, Exhibit "C". Site Development Review-Findings Redevelopment of the project site is subject to a site development review to determine compliance with all applicable development standards of the proposed 150 Newport Center Planned Community Text. 12 150 Newport Center Planning Commission, August 18, 2016 Page 13 Pursuant to 20.52.080 (Site Development Review) of the Zoning Code, residential developments of five or more units that are processed in conjunction with a tentative tract map require a site development review by the Planning Commission. The required findings for approval of a site development review must identify that: the project is allowed within the subject Zoning District, that the project will not be detrimental to the harmonious and orderly growth of the City, and that the project is in compliance with applicable criteria including compliance with the General Plan, the Zoning Code, and any applicable specific plan, the efficient arrangement of structures on-site, the compatibility in terms of bulk, scale, and aesthetic treatment, the safety of pedestrian and vehicular access, the adequacy of landscaping and open space area, and the projection of significant public views. In summary, the proposed land use changes at 150 Newport Center maximize the efficiency of the project site and provide for a coordinated and comprehensive project establishing an urban standard more consistent with the project's location within the larger commercial and mixed-use Newport Center area. The project is designed to be consistent with the proposed Planned Community Development Plan that would allow 45 residential units. The height, bulk, and scale of the residential building is comparable to height limits on surrounding properties and existing building heights in the southern half of Newport Center. The building is designed to provide variation and modulation between enclaves for visual interest. The front fagades include both vertical and horizontal off-sets and utilize a variation of building materials to provide enhanced visual relief. The size, design, location, and screening of mechanical equipment, outdoor lighting, and refuse enclosures will comply with the requirements of Sections Section 20.30.020 (Buffering and Screening), 20.30.070 (Outdoor Lighting), and 20.30.120 (Solid Waste and Recyclable Materials Storage) of the Zoning Code, respectively. The podium wall provides a buffer between the proposed residential units and the adjacent commercial development to the south and west of the project site and is designed to maintain privacy and protection for the residential tenants. All required parking is provided on-site and the internal vehicle circulation has been designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. New street trees will be provided along both street sides of Anacapa. The view from coastal view points and corridors will not be changed significantly where the proposed development may be visible beyond existing buildings and trees but will not obstruct coastal views. The project results in a reduction of average daily traffic trips and water use when compared to the existing car wash use on-site. Staff believes facts to support the required findings exist to approve the Site Development Review and they are included in the attached draft resolution for approval (Attachment No. PC 1). 13 150 Newport Center Planning Commission, August 18, 2016 Page 14 Tentative Tract Map The proposed project includes a request to establish a 45-unit residential condominium tract (Attachment No. PC 14). The tract map will also modify existing pedestrian easements at the south end of the project site to accommodate the proposed project. Section 14.24.020 (Dwelling Unit and Business Structure Sewer Connection Required) requires each dwelling unit to maintain individual water meter and sewer connections. The project has received a waiver of this requirement from the Municipal Operations Director since the units are located in one building and will together connect to the existing water and sewer systems. Section 19.12.070 (Required Findings for Action on Tentative Maps) of the City of Newport Beach Municipal Code provides required findings for approval of a tentative tract map. These findings include: consistency with the General Plan and any applicable specific plan, that the site is physically suitable for development, that proposed improvements are not likely to cause substantial environmental damage to fish, wildlife, or their habitat, or cause serious health problems, that the project will not conflict with easements, a "land project", solar access and passive heating requirements, the City's share of the regional housing need, or the discharge of waste into the sewer system, and finally, that the project will conform with the public access and recreation policies of the Coastal Act. In summary, the Tentative Tract Map provides for the development of a cohesive planned community with a pattern of dwelling unit orientations and vehicle circulation that provide a pedestrian-friendly environment with strong connectivity to adjacent commercial and office areas. The site has a gentle sloping condition and the building design accommodates this slope with a podium wall at the south and west edge and larger building setbacks above the podium. The site is safe and suitable for development. Under existing conditions, the project site and surrounding land areas are fully developed with urban uses and do not contain sensitive biological resources. The vegetation that occurs on-site is ornamental in nature, including trees and ornamental shrubs, groundcover, and vines growing on the existing building's facades and screen walls. A Mitigation Measure is provided in the Mitigation Monitoring and Reporting Program (MMRP) to ensure the adequate protection of nesting birds during the construction process. The General Plan estimates that future traffic noise exposure will be 65 dB CNEL to the nearest residential facades to Newport Center Drive and identifies that residential uses are normally compatible or compatible with noise insulation features included in the design. With appropriate noise control measures under conventional construction and design of the proposed project (e.g., closed windows, fresh air supply systems or air conditioning), the interior noise levels would comply with the City and State interior noise standard of 45 dB CNEL for residential units. 24 150 Newport Center Planning Commission, August 18, 2016 Page 15 Public Works staff has reviewed the proposed tentative map and believes it is consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. Public improvements, consisting of the reconstruction of the curb, gutter, and sidewalks, two new driveways along the Anacapa Drive frontage, and street trees will be required of the applicant per the Municipal Code and the Subdivision Map Act. A common sewer and water connection will be provided for the project as approved by the Public Works Department that will connect to an existing 12-inch main in Anacapa Drive. For the reasons noted above, staff believes the required findings for the Tentative Tract Map can be made. Development Agreement General Plan Policy LU6.14.8 (Development Agreements) requires the execution of Development Agreements for residential projects that include 50 or more residential units or use the residential 450 units identified in Table LU2 (Anomaly Locations). The Development Agreement is intended to define the improvements and benefits to be contributed by the developer in exchange for the City's commitment for the number, density, and location of the housing units. While the proposed project does not utilize the 450 units identified in the General Plan, the applicant has requested a development agreement. The applicant is proposing that the development agreement has a term of 10 years from the date of recording the document. The applicant has also proposed a public benefit fee of $67,000 per each residential unit, to be made at the time of issuance of the certificate of occupancy. A copy of the draft Development Agreement is provided as Attachment No. PC 1, Exhibit «F„ Unless otherwise provided by the development agreement, the ordinances, rules, plans and policies of the City of Newport Beach which govern permitted uses of land, the density of development, and the design, improvement and construction standards and specifications, applicable to development of the property subject to the development agreement, shall be those ordinance rules, plans and policies in force at the time of execution of the agreement. Environmental Impact Report-Responses to Comments Prior to making a recommendation on the proposed project, the Planning Commission must first review, consider, and recommend City Council certification of the Environmental Impact Report (EIR), SCH No. 2016011032. The DEIR is comprised of the Notice of Preparation (NOP), Initial Study (IS), Environmental Analysis, Alternatives Analysis, and Appendices. 15 150 Newport Center Planning Commission, August 18, 2016 Page 16 The City contracted with T&B Planning, Inc., an environmental consulting firm, to prepare an Initial Study and Draft Environmental Impact Report (DEIR) for the proposed project in accordance with the CEQA and the State CEQA Guidelines. The DEIR was routed to the Planning Commission in advance of this staff report to allow additional time to review the report. A copy of the DEIR was also made available on the City's website (http://www.newportbeachca.aov/cegadocuments), at each Newport Beach Public Library, and at the Community Development Department at City Hall. Based upon the analysis of the Initial Study, the environmental categories within which the project would have either no impact or less than significant impact were: Agricultural/Forest Resources, Greenhouse Gas Emissions, Hydrology/Water Quality, Mineral Resources, Population/Housing, Public Services, Recreation, and Utilities/Service Systems. The following environmental topics were identified as potentially affected by the implementation of the proposed project: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Hazards/Hazardous Materials, Land Use/Planning, Noise, and Transportation/Traffic. These topics were the subject of the DEIR analysis, and potential impacts were identified. The document recommends the certificationion of 17 mitigation measures to reduce the potentially significant adverse effects to a less than significant level. These mitigation measures are identified in the Mitigation Monitoring and Reporting Program, which is included as Attachment No. PC 1, Exhibit "B". The draft EIR considers several project alternatives. Should the Planning Commission choose to recommend either the reduced height project alternative requested by the applicant (65 feet 6 inches to top of roof) or the further reduced project height recommended by staff (55 feet to top of roof), the environmental impacts of both of these options are considered or less significant than the impacts discussed in the EIR. On the basis of the analysis provided in the draft EIR, City staff has concluded that the project would not have a significant impact on the environment. The draft EIR reflects the independent judgment of the City and recognizes project design features, standard construction and engineering practices, and review and reevaluation of future projects as the means to avoid potential impacts. The project site does not include any sites on an Environmental Protection Agency hazardous waste site list pursuant to Government Code Section 65962.5. The draft EIR was completed and circulated for a mandatory 45-day public-review period that began on May 13, 2016, and concluded on June 27, 2016. A total of 26 comments were received from interested parties. The consultant, T&B Planning, and staff have prepared detailed written responses to each of the comments received on the adequacy of the DEIR (Attachment No. PC 11). Corrections and additions to the DEIR have also been prepared in an Errata, which incorporates additional or revised information required for the preparation of responses to certain comments (Attachment No. PC 12). The revisions do not alter any impact significance conclusion disclosed in the DEIR, and therefore, do not 10 150 Newport Center Planning Commission, August 18, 2016 Page 17 warrant recirculation of the DER for public review. The revisions to the DER will be incorporated into the Final EIR, if certified. Summary Staff believes that the facts associated with the subject property and reduced project height (55 feet to top of roof and 61 feet with appurtenances) support the proposed land use amendments and required findings for the project. The project would result in the redevelopment of an aging commercial development with a new residential project that is consistent with the General Plan goals and policies for development of the Newport Center area. Although not currently zoned for residential use, the proposed land use change creates a high quality residential project that is complementary to the surrounding commercial uses within Newport Center. The project exhibits high quality architectural treatment of the building and given the constraints of the property, the recommended height (55 feet to top of roof and 61 feet with appurtenances) and setbacks are reasonable and consistent with the General Plan policies and proposed Planned Community development standards. The resulting setbacks are consistent with the development pattern and setback standards within Newport Center and enhance pedestrian connections along the project's street frontages. The recommended height (55 feet to top of roof and 61 feet with appurtenances) results in a development that is compatible and consistent with the surrounding neighborhood in terms of bulk and scale. Therefore, staff recommends Planning Commission recommend City Council adoption of the EIR, approval of the proposed legislative land use changes and Planned Community Development Plan waiver of the 10-acre minimum, and approval of the discretionary applications with a reduction in the overall project height from that requested by the applicant. Staff believes that the residential land use for the proposed project is appropriate and recommends a reduced project height (55 feet to top of roof and 61 feet with appurtenances) for compatibility with existing building heights and surrounding height limits. In conclusion, the August 18, 2016, public hearing will provide the opportunity for additional project discussion. Staff and the applicant will be available to answer questions from the Planning Commission and the public, and if warranted, the Planning Commission may provide direction to staff and/or take action to accept staffs recommendation as reflected in the draft resolution. ALTERNATIVES Should the Planning Commission choose to recommend approval of a different General Plan Land Use or Planned Community/Zoning District, the project should be continued to September 1, 2016 to allow the application to be re-noticed to reflect the contemplated action. The following alternatives are available to the Planning Commission: 17 150 Newport Center Planning Commission, August 18, 2016 Page 18 1. Recommendation of Denial: If the Planning Commission believes that there are insufficient facts to support the land use amendments, the Planning Commission may recommend City Council denial of the application as provided in the attached draft resolution for denial (Attachment No. PC 2). 2. Recommendation to Incorporate into PC-56: If the Planning Commission believes that there are insufficient facts to waive the 10-acre minimum to establish a Planned Community, the Planning Commission may suggest incorporating the development standards for the proposed project into the PC-56 (North Newport Center Planned Community) as a separate sub-area or as part of the Block 100 sub-area or a different planned community. Drafts of PC-56 reflecting both options are included as Attachments PC 6 and PC 7. If the Planning Commission chooses this option, the item should be continued to the September 1, 2016, meeting, to allow for a proper public noticing and for the drafting of a revised resolution incorporating appropriate findings and/or conditions. 3. Recommendation for RM Zoning: The Planning Commission may recommend that the proposed project site be rezoned to the RM (Multiple Residential) Zoning District and conform to the development and height standards of this zone. Maximum heights would be limited to 28 feet in height or 32 feet (for flat roofs) in accordance with the Zoning Code. If the Planning Commission chooses this option, the item should be continued to the September 1, 2016, meeting, to allow for a proper public noticing and for the drafting of a revised resolution incorporating appropriate findings and/or conditions. 4. Recommendation to Modify Project Design: The Planning Commission may suggest specific changes that are necessary to alleviate any concerns such as the project height, resulting in abrupt changes in scale, or architectural consistency with the project. The Planning Commission may suggest a lower or higher height such as the 65-foot 6-inch alternative requested by the applicant up to the maximum 75-foot 6-inch, 49 dwelling unit project contemplated by the draft EIR. 5. Recommendation for Other Zoning: The Planning Commission may recommend that the proposed project site be rezoned to another Zoning District or PC and conform to the development and height standards of this zone. Maximum heights would be limited in accordance with the Zoning Code or PC for this District. If the Planning Commission chooses this option, the item should be continued to the September 1, 2016, meeting, to allow for a proper public noticing and for the drafting of a revised resolution incorporating appropriate findings and/or conditions. 18 150 Newport Center Planning Commission, August 18, 2016 Page 19 Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Letters submitted by the public to date are provided as Attachment No. PC 13. Since the July 21, 2016, Planning Commission meeting, three additional public comments have been received in opposition to the Project. Prepared by: Submitted by: MakaAa N a r n la Wisnest i, ICP, Deputy Director Associate Planner ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Planning Commission Packet from July 21, 2016 PC 4 Planning Commission Minutes from July 21, 2016 PC 5 Menu of Zoning Options PC 6 Residential Development in Statistical Area L1 (Newport Center) PC 7 PC-56 (North Newport Center PC) Separate Sub-Area, Redlined PC 8 PC-56 (North Newport Center PC) Incorporate into Block 100, Redlined PC 9 Site Circulation Plan PC 10 Construction Management Plan PC 11 EIR Response to Comments PC 12 EIR Errata PC 13 Public Comments PC 14 Tract Map No. 17915 PC 15 Reduced Height Project Plans (5-stories) PC 16 Project Plans (6-stories) :\Users\PLN\Shared\PA's\PAs - 2014\PA2014-213\PC 08-04-2016\PA2014-213 PC Report 08- 04-2016.docx05i25n5 19 V� Q� `-� �,P �� �� �P ,`�O �� �� �o