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HomeMy WebLinkAbout20131112_CC_Staff ReportSEWPO CITY OF NEWPORT BEACH C"LIFp 19% City Council Staff Report Agenda Item No. 21 November 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY'COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949-644-3226, kbrandt@newportbeachca.gov PREPARED BY: Makana Novg', ssf tant Planner Jo -Villas (PA2012-146) �03 and 3355 Via Lido General Plan Amendment No. GP2012-005. Coastal Land Use Plan Amendment No. LC2013-00.1 Code Amendment No. CA2012-008 Site. Development Review No., SD2013=001 Tract Map No. NT2013-001 (Tentative Tract Map No.17555) Mitigated Negative Declaration No. ND2013-001 .ABSTRACT: Theproject consists of the demolition. of .a 3-story commercial building, a single -story church building (First Church of Christ, Scientist), and a 56-space surface parking„ lot to accommodate the development of 23 townhouse -style multi -family dwelling units on a 1.2 acre site. The following applications are requested in order to implement the project as proposed: 1. General Plan Amendment- to change the land use of a portion of the project site (3303 Via Lido) from PI (Private Institutions, 0.75) to RM (Multi -Unit. Residential, 20 DU/acre). 2. Coastal Land Use Plan (.CLUP) Amendment- to change the land useof a portion of the project site (3303'Via Lido) from PI-B (Private Institutions) to RM-D (Multiple -Unit Residential). 3. Zoning Code Amendment- to change the Zoning designations of the properties at 3303 Via Lido from PI (Private Institutions.) and 3355 Via Lido from RM (Multiple -Unit Residential, 2178.) and establish a Planned Community Development Plan (PC) Zoning 'District over the entire project site. In order to I Lido. Villas November 12, 2013 Page 2 establish the proposed planned community development plan, a waiver of the minimum site area of 10 acres of developed land is requested. 4. Site Development Review- to allow the construction of 23 'townhouse -style multi -family dwelling units. 5. Tentative Tract Map- to combine six underlying parcels on two existing properties and establish. a .23-uni:t residential condominium tract on a 1.2 acre site. 6. Mitigated Negative Declaration (MND)- to evaluate potential environmental impacts of the proposed project relative to the California Environmental Quality Act (CEQA). RECOMMENDATION: 1) Conduct a public hearing; and 2013-76 2) Adopt Resolution No. (Attachment No. Negative Declaration No. ND2013-001 Mitigation Monitoring, and Reporting Environmental Quality Act; CC 1) adopting the Lido Villas Mitigated (SCH No.. 201,3071050) including the Program pursuant to the California 3) Adopt Resolution No 2013-77(Attachment No. CC 2) approving General Plan Amendment No. GP2012-005 and Local Coastal Plan Amendment No. LC2013-001, 2013-23 4) Introduce City Council Ordinance. No. (Attachment No. CC 3) and pass on to second reading ,on November 26, 2013, approving Code Amendment No. CA2012- 008 establishing the Lido Villas Planned. Community; and 2013-78 5) Adopt Resolution No. (Attachment No. CC 4) -approving. -Site Development Review No. SD 2013=001 and Tentative Tract Map No. NT201'3-001(Tentative Tract Map No.17555). 2 Lido Villas November 12, 2013 Page 3 VICINITY MAP T. ` t 3355 Via p Al G 5+ ..k S \r= 3303Via Lido ��� J�,m «'• r 1JgA h1ALAGA o 475 � Q 32NDST LOCATION GENERAL PLAN I ZONING CURRENT USE RM (Multi -Unit RM (Mufti -Unit ON -SITE Residential, 20 DU) and Residential, 2178) and P1 General Office/Retail and Church PI (Private Institutions, (Private Institutions, 0.75 0,75 FAR) FAR MU-V (Mixed -Use MU-V (Mixed -Use Vertical) and MU-W2 Vertical) and MU-W2 General Office, Retail, and NORTH (Mixed -Use Water (Mixed -Use Water Mixed -Use Related Related PI (Private Institutions) PI (Private Institutions) SOUTH and CG (General and CG (General Church and General Office Commercial) Commercial CG (General CG (General Retail Shopping Center and pp 9 EAST Commercial) and PF Commercial) and PF Former City Hall Site Public Facilities Public Facilities) MU-W2 (Mixed -Use MU-W2 (Mixed -Use General Office and Multiple Unit WEST Water Related and RM Water Related and RM Residential Dwellings (Multiple -Unit Residential (Multiple -Unit Residential 3 Lido Villas November 12, 2013 Page 4 FUNDING REQUIREMENTS: There is no budget impact related to this item. DISCUSSION: Project Setting The subject properties are located within the Lido Village neighborhood and are generally bounded by Via Lido, Via Oporto and Via Malaga. There are two developments consisting of six legal parcels on the project site, which would combine to create a single building site of 52,099 square feet (1.2 acres). The southern property at 3303 Via Lido is 17,236 square feet (0.4 acres) in area and is currently developed with the religious institution, First Church of Christ, Scientist, originally constructed in 1947 with additions in 1958 and 1966. The church consists of 8,961 square feet of building area for the primary church facility and an ancillary Christian Science Reading Room. The property is currently designated by the Land Use Element of the General Plan, Coastal Land Use Plan, and the Zoning Code for Private Institutions (PI), consistent with the existing use on the property. The northern property at 3355 Via Lido is 32,469 square feet (0.8 acres in area). The property is developed with a 56-space surface parking lot and an office building originally constructed as a mixed -use project in 1957. The property is currently designated by the Land Use Element of the General Plan, Coastal Land Use Plan, and the Zoning Code for Multiple -Unit Residential (RM) with a density of 20 dwelling units per acre. The current commercial uses are nonconforming and are subject to abatement by February 1, 2022. The property that is directly to the north is developed with an office and retail building, at the corner of Via Lido and Via Oporto. To the northeast, 3388 Via Lido, is a mixed -use development consisting of office and two residential units. Properties to the east across Via Lido are developed with multiple -family residential dwellings and an office building. The properties to the south, across Via Malaga, are developed with the Saint James Anglican Church, an office building, and the City of Newport Beach Fire Station. A new boutique hotel is in the planning stages for the former City Hall site located to the southwest of the project site at 3300 Newport Boulevard. To the west, across Via Oporto, is a retail shopping center, Via Lido Plaza, that has recently undergone tenant improvements for West Marine, a marine -related retail use. Proiect Descriotion The proposed project necessitates several land use amendments to create a single unified development site that accommodates the proposed multi -family residential development. The requested change of the General Plan designation for 3303 Via Lido is from Private 4 Lido Villas November 12, 2013 Page 5 Institutions (PI, 0.75 FAR) to Multiple -Unit Residential (RM, 20 du/ac) to accommodate the proposed residential development. The approval of the General Plan Amendment would not necessitate a vote of the electorate per Section 423 of the City Charter. The subject property is also located within the coastal zone and the requested change to the Coastal Land Use category is consistent with the recommended General Plan Amendment for 3303 Via Lido from Private Institutions (PI-B) to Multiple -Unit Residential (RM-D). The CLUP amendment and other associated discretionary approvals would not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. The proposed project also requires a corresponding amendment to the Zoning District to the PC -Planned Community Zoning District. The application includes the adoption of the Lido Villas Planned Community that will provide land use and development standards for the construction and operation of the 23-unit condominium development. A waiver of the 10-acre (developed) minimum site area is requested as part of the establishment of the PC Zoning District. The resulting density under the PC Zoning District would be equivalent to the density allowed under the RM 2178 designation and would allow for a maximum of 23 dwelling units on -site with a density of 20 dwelling units per acre. The Lido Villas Planned Community would establish project specific height and setbacks for the development that differ from the current RM development standards. In addition to the proposed land use amendments, a site development review and tentative tract map are required to authorize the development project. All six underlying legal lots and a vacated alley that transect the site are owned by the project applicant, Dart Development Group. The applicant is proposing to consolidate these underlying lots into one 52,099-square-foot (1.2 acre) parcel and redevelop the site as a multi -family residential development with 23 condominium units (Project Plans-- Attachment No. CC 13). The tract map will also establish each unit for individual sale, new emergency access easements, and utility easements to accommodate the location of new structures as part of the development. The building configuration is designed with five blocks of attached, townhouse -style units. Three of these blocks consist of 11 units facing Via Lido, one block consisting of six units facing Via Malaga, and one block of six units facing Via Oporto. Each unit provides two or three bedrooms and is similar in design with three levels of living area above grade with a roof deck above. Vehicular access to the project site would be provided access from Via Oporto at the northwest portion of the project site and Via Malaga from the southeast portion. Each unit includes an attached 2-car garage and the project will include 12 code required guest parking spaces in a surface lot. Each of the garages accommodate two vehicles and a trash enclosure. 5 Lido Villas November 12, 2013 Page 6 Each unit is topped with a flat roof deck at an overall height of 35 feet 3 inches to the top of the roof deck rall. In addition, 39-foot high architectural projections are proposed that accommodate an enclosed stairway access to the third floor level and vaulted ceiling. The units range in size between 2,453 square feet to 3,168 square feet of gross floor area. Three units have been designed to be accessible for persons with disabilities. The proposed architecture consists of a modern coastal style with exterior materials consisting of wood siding, stainless steel panels, and glass railings. Access to each unit is also provided along the adjacent public street frontage with enhanced paving, a low stone planter wall, 38-inch-high stained privacy fence, and a covered entry. Common open space areas consisting of open patio areas and landscaping are provided on -site at street corners adjacent to Via Malaga and between the building blocks adjacent to Via Lido. A full discussion of the project components, including analysis of applicable General Plan and Coastal Land Use Plan policies, Section 423 thresholds (Attachment No. CC 10), Planned Community Development Standards (Exhibit "B" to Attachment No. CC 3), project architecture and consistency with the Lido Villas Design Guidelines, and the required project findings are provided in the Planning Commission staff reports dated August 22, 2013, and September 5, 2013 (Attachment Nos. CC 5 and 6). Environmental Review Prior to taking action on the proposed project, the City Council must first review, consider, and adopt the Mitigated Negative Declaration (MND) (Exhibit "A" of the Draft Resolution, Attachment CC 1). The MND is comprised of the Notice of Intent (NOI), Initial Study (IS), Environmental Analysis, and Appendices. 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: Aesthetics, Agricultural/Forest Resources, Biological Resources, Geology/Soils, Greenhouse Gas Emissions, Hydrology/Water Quality, Land Use/Planning, Mineral Resources, Noise, Population/Housing, Public Services, Recreation, Transportation/Traffic, and Utilities/Service Systems. Based upon the analysis of the Initial Study, the environmental categories within which the project would have potentially significant impacts were: Air Quality, Cultural Resources, and Hazards/Hazardous Materials. Specific mitigation measures have been included to reduce the potentially significant adverse effects to a less than significant level. A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for consideration attached as Exhibit "B" of the draft resolution (Attachment No. CC 1). On the basis of the analysis provided in the MND, City staff has concluded that the project would not have a significant impact on the environment. The MND reflects the independent judgment of the City and recognizes project design features, standard Lido Villas November 12, 2013 Page 7 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 MND was completed and circulated for a mandatory 30-day public -review period that began on July 12, 2013, and concluded on August 13, 2013. The public comment period was extended through August 13, 2013 to allow for comments received through OPR (the Office of Planning and Research), which began the review period on July 15, 2013. Several comment letters were received from advising agencies, which are attached as Attachment CC 11 for consideration. Planning Commission Review The Planning Commission held a public meeting on August 22, 2013 and a public hearing on September 5, 2013. During the public hearing, the following issues were raised and addressed: 1) site design, 2) the proposed height limit, 3) on -site parking, 4) project architecture and compatibility with the Lido Village Design Guidelines, 5) the request for a waiver of the minimum 10-acre requirement to establish a Planned Community Zoning District, 6) permitted uses under the Lido Villas Planned Community. 1) Site Design The Planning Commission noted that the site design might present opportunities for additional landscape areas and that the ground floor entry areas might be better served if the project had additional height to free up space on the ground plane. The Commission also noted some concern with maintenance of these common landscape areas and asked that these areas be included in the maintenance guidelines for the covenants, conditions, and restrictions (CC&Rs). 2) Proposed Height Limit Several commissioners suggested increasing the height limit to afford the first floor level improvements such as a raised porch and first floor level with additional landscaping at the front of each dwelling unit. Staff clarified that the MND had considered the specific heights proposed by the project applicant and the revised document would need to be re -circulated for a 30-day public comment period in order to allow additional height for the project. Staff also reminded the Commission that the Coastal Commission had commented on the project application and may see the project as too tall. Staff believed that the project was generally consistent with the Shoreline Height Limitation In that the proposed PC development standards establish a maximum height consistent with the Shoreline Height Limitation and only specific architectural projections would exceed this 7 Lido Villas November 12, 2013 Page 8 height limit, consistent with the application of height limits established by the Zoning Code. 3) Parking Several Commissioners observed that the project is under -parked, despite the fact that code required parking is provided on -site. Staff noted that they had worked extensively with the applicant to achieve proper circulation and access to provide the minimum number of required guest parking spaces on -site. Provisions were added to Condition No. 86 regarding the CC&R's, requiring "That the garage parking spaces shall be used only for parking of operational vehicles and not for storage," 4) Architecture and Design Guidelines The Planning Commission discussed the project's architecture and consistency with the Lido Villas Design Guidelines. Several Commissioners expressed concern with the project architecture, noting that the presence of balconies along the facades lent the project toward a "motel" look. The Planning Commission noted that it is not the Commission's position to impose what it thinks the project architecture should be, provided it is consistent with the Lido Village Design Guidelines. The Commission suggested that the applicant reconsider the building facades to develop a softer look prior to the City Council meeting. Provisions were added to Condition No. 86 regarding the covenants, conditions, and restrictions (CC&R's), requiring, "The architecture and exterior building materials of the dwelling units shall be maintained in a quality, color, and type so the appearance is consistent with the original project as developed." 5) Waiver of 10-Acre Minimum for Planned Community Staff provided clarification to the public comments with regard to the requested waiver of the ten acre minimum to establish a Planned Community and identified that the waiver takes into account the broader context of Lido Village as a whole. The proposed project is located within a larger urban development pattern where adjusted development standards are appropriate for the urban site to ensure the project site remains compatible with the greater neighborhood. 6) Allowed Uses Further discussion ensured to clarify the list of permitted and prohibited uses proposed under the draft Planned Community (PC) Text. Staff identified that the Zoning Code provides language that allows the Community Development Director to interpret permitted and prohibited uses where the PC provisions are silent. The Commission suggested limiting the listed permitted uses to condominiums, recreation facilities ancillary to residential uses, and accessory structures under the Lido Villas Planned Community Text. U Lido Villas November 12, 2013 Page 9 The Planning Commission determined the proposed amendments and project were acceptable and voted unanimously to recommend approval to the City Council. The Planning Commission staff report, resolution, and draft minutes from the Planning Commission meeting have been attached for reference as Attachment Nos. CC 5 through 9. Project Updates The following discussion provides updates of the project following the Planning Commission Meetings. 1) S1318 Tribal Consultation Guidelines Pursuant to Section 65352.3 of the California Government Code, a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that 14 tribal contacts should be provided notice regarding the proposed amendment. The tribal contacts were provided notice on January 30, 2013 and the remaining contacts identified by the NAHC were provided notice on August 6, 2013. Section 65352.3 of the California Government Code requires 90 days prior to Council action to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. Since the most recent set of notices were sent out on August 6, 2013, the 90-day consultation period ended November 4, 2013. The City was contacted by Ms. Joyce Perry, Representing Tribal Chairperson for the Juaneno Band of Mission Indians Acjachemen Nation, who expressed an interest in requiring an archeological monitor during construction operations at the project site. The Lido Village area has previously been subject to significant alteration. However, mitigation measures have been required by the MND as suggested by Ms. Perry requiring an archaeological and paleontological monitor to be on -site to monitor the construction process. The City was also contacted by Mr. Robert Dorame, Tribal Chair for the Gabrielino Tongva Indians of California Tribal Council, who expressed an interest in the project and inquired if any archaeological surveys had been conducted within a mile of the property, whether the Information Center at Cal State Fullerton had been contacted to determine if any archaeological sites had been identified, and whether an archaeological firm had been engaged to survey the subject property. The City responded to this correspondence and identified that archaeological surveys have not been conducted in the area due to the general understanding that the site was previously developed and had been subject to significant alteration. From this point forward, the City did not receive any further correspondence from Mr. Dorame. 9 Lido Villas November 12, 2013 Page 10 Finally, the City was contacted by Mr. Johntommy Rosas, representing the Tongva Ancestral Territorial Tribal Nation, who suggested that the City should follow the Office of Planning and Research Guidelines as specified by SB18 Tribal Consultation Guidelines. After requesting more specific comments regarding the proposed project or process, the City did not receive any further correspondence from Mr. Rosas. In conclusion, the SB18 tribal consultation has been completed and the project can proceed. 2) Housing In -Lieu Fee Housing in -lieu fees will not be assessed as a condition of approval for the proposed project due to the approved Housing Element update and pending revocation of the housing in -lieu fee ordinance. Accordingly, this condition of approval has been removed from the draft conditions of approval for the Tentative Tract Map (Attachment No. CC 4). 3) Project Plans Site landscaping and front entry improvements have been made to the site plan and landscape plans to add additional landscaped areas reflecting the comments and direction made by the Planning Commission at the public hearing held on September 5. 2013. Additionally, a water feature located at the corner of Via Lido and Via Malaga was removed due to concerns that the feature may pose an ongoing maintenance issue for the homeowner's association. Summary The applicant has requested the amendments to provide a unified development site with consistent land use designations to accommodate the proposed multiple -unit residential development. The proposed multiple -unit residential land use is compatible with surrounding land uses and the goals and land use policies identified for this block within the Lido Village community. The Planning Commission found the proposed project is consistent with the RM land use designation and that the use would not conflict with the General Plan, Coastal Land Use Plan, Coastal Act, and proposed Lido Villas Planned Community Text. The approval of the General Plan Amendment for 3303 Via Lido to the RM, 20 du/acre designation would not necessitate a vote of the electorate per Section 423 of the City Charter (Measure S). The requested site development review and tract map to authorize the project meets applicable standards and the required findings provided in the Subdivision and Zoning Codes can be supported (Attachment No. CC 4). The proposed development is also consistent with the Lido Villas Design Guidelines. -Fhe site design provides required parking on -site with sufficient and safe vehicle access. The Planning Commission and staff do not foresee any adverse environmental impacts with redevelopment of the site and the project will comply with the mitigation 10