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HomeMy WebLinkAbout1587 - APPROVE UP, SD AND LA_1121 BACK BAY DRIVE.RESOLUTION NO. 1587 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2003 -003, SITE PLAN REVIEW NO. 2003 -001 AND LOT LINE ADJUSTMENT NO. 2003 -011 (PA2002 -246) FOR PROPERTY LOCATED AT 1121 BACK BAY DRIVE THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Applications were filed by The Related Companies of California on behalf of the property owner, The Irvine Company, with respect to property located at 1121 Back Bay Drive and legally described as Parcel 1 of Parcel Map No. 95 -137, requesting approval of Use Permit No. 2003 -003 to authorize the development of a 150 -unit senior affordable housing project and to establish development standards; Site Plan Review No. 2003 -001 to establish the grade of the site for the purposes of measuring structure height; and Lot Line Adjustment No. 2003 -011. The five -acre site is designated by the Land Use Element of the General Plan for Retail and Service Commercial and the site is zoned PC ( Bayview Planned Community. Section 2. A public hearing was held on February 20, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The proposed 150 -unit senior affordable housing project is consistent with the General Plan in that the Land Use Element designates the site for affordable senior citizen housing facilities as an optional use and provides for 200 units of miscellaneous residential uses within the Citywide Growth Projections, and meets the policies and objectives of the Housing Element to provide affordable housing units in meeting the City's Regional Housing Needs Assessment. In addition, the project meets the purpose of the Bayview Landing Planned Community (SP -39) district in which the site is located in that the PC Text designates the site for 120 units of senior housing, and further, that the Housing Element provides that a Density Bonus of 25% shall be allocated when the units are designated affordable, resulting in an allocation for the site of 150 senior affordable units. Further, the project will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City in that the project's design was developed incorporating increase setbacks, low lot coverage and a design to optimize public and private views from surrounding properties. 2. The proposed grade is consistent with the provisions of Zoning Code Section 20.65.030.B.3 for the following reasons: a. The proposed grade is reasonable, will result in a more uniform grade throughout the project site, is comparable to other grades in the vicinity of the property, Planning Commission Resolution No. 1587 Paae 2 of 21 particularly the grades in the Newport Dunes area, along Back Bay Drive and along Jamboree Road; and will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. b. The proposed grade and related development will not result in the loss of any public views and is consistent with the existing character of the neighborhood. Tthe project has been designed to be below the grade of surrounding parcels to the east. c. The existing grade is inappropriate and unworkable for the purposes of measuring height in that the existing grades are low and are impacted by the shallow water table, will not allow property and safe on -site drainage, and the site in its current state is highly disturbed from past uses. In addition, the "useful height" of the buildings would preclude construction of two or three story buildings respectively of 26 and 35 feet, and the existing elevations are unworkable for the purposes of measuring height. d. The proposed grade is necessary for the preservation and enjoyment of substantial property rights by the applicant in that the existing grade precludes the development of the property in that the existing grade of the property is required to be raised approximately five feet in order to develop the site in an economically viable fashion and in order to meet City goals to provide the maximum number of senior affordable housing units. 3. The proposed building height is consistent with the provision of Zoning Code Section 20.65.050 for the following reasons: a. The increased building height would result in more public visual open space and views in that the project has been designed with three buildings rather than a single building and two -story elements in order to decrease the overall building mass and bulk and to allow views between buildings, and the building coverage on the property has been maintained at a lower level and increased setbacks than typical multiple - family residential development in order to increase open space. b. The increased building height would result in a more desirable architectural treatment of the building in that the building design incorporates a full -pitch roof, and all mechanical equipment has been located on the ground or within the building structure. In addition, a decrease in height would result in a lower building with a larger building footprint resulting in more building coverage, less setback distances from public streets, less open space and more restricted views through the site. c. The increased building height will not result in undesirable or abrupt scale relationships being created between the structures and existing developments or public spaces in that the height of the buildings will be below the grade of the adjacent park and Coast Highway, and below the first floor level of Villa Point Planning Commission Resolution No. 1587 Paae 3 of 21 condominiums located to the east across Jamboree Road. The site and building design has resulted in less building coverage and increase setbacks, thereby allowing more open space around the buildings and parking lot and improved views through the site. Two -story elements have been incorporated at the ends of the buildings in order to soften the visual impact of the buildings, to offer building articulation and to improve views through the project site. In addition, the surrounding residential projects to the east and the hotel complex to the north have been constructed at maximum heights and at higher elevations; therefore, the subject project will not result in an abrupt or undesirable change in scale in comparison with those surrounding developments. d. The increased height will not result in the project having more floor area in that there is no floor area limitations in the PC -39 district, therefore the proposed increased height of 6.5 feet does not permit any more floor area than could be achieved with the increased height. 4. The proposed lot line adjustment is consistent with Subdivision Code Section 19.76.030.13 for the following reasons: a. The lot line adjustment will consist of the moving the boundary between two legal building sites and will not change the net land area within each parcel. b. The lot line adjustment will not result in additional parcels being created in that two parcels presently exist and two parcels will continue to exist. c. The parcels as adjusted will comply with all applicable Planned Community regulations and there will be no change in the land use, density or intensity on the property. d. The lot line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities in that all street improvements and dedications presently exist. 5. The project proposal is consistent with the Newport Beach General Plan and the policies of the California Coastal Act in that extensive visitor serving uses currently exist in the Newport Beach Coastal Zone and there is a full -range of existing visitor serving areas and uses within the City including 276 acres of public beaches, 220 acres of public parks, Newport Dunes Aquatic Park, the entire Newport Bay and Harbor, Upper Newport Bay Nature Preserve, Crystal Cove State Park and Beach, Balboa Fun Zone, Balboa Village, Marine Avenue, and 37 commercial areas within the Coastal Zone portion of the City. Those uses and areas provide a broad range of visitor services and facilities including: 14 hotels, motels and other similar lodging facilities offering 2,287 rooms within the Coastal Zone and 3,520 rooms citywide; restaurants and snack bars; camping and recreational vehicle accommodations; boat rentals; sports equipment sales and rentals; boat tours; amusement and recreational facilities; golf courses; yacht clubs; tours and cruises; and specialty and souvenir shops. The five acres represents only one percent of the total 497 acres of commercially -zoned property within the Coastal Zone. The development of the five Planning Commission Resolution No. 1587 Page 4 of 21 acres for the proposed affordable senior housing site will not substantially detract from the extensive visitor serving facilities within the City, will not preempt establishment of additional facilities on other sites in the City, and will not inhibit the expansion of existing facilities. The project furthers the stated Coastal Act policy to "provide lower cost visitor and recreational facilities" in that the project in being developed in conjunction with a 10 -acre passive park that will provide enhanced public views of Upper Newport Bay and will provide a riding and hiking trail linkage. 6. The design of the proposed improvements will not conflict with any easements, acquired by the public at large for access through or use of property within the proposed development. 7. An Initial Study and Negative Declaration (ND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft ND was circulated for public comment between January 21, 2003 and February 19, 2003. Comments were received from 2 parties and were considered by the Planning Commission. The contents of the environmental document have been considered in the various decisions on this project. On the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project. There are no cumulative impacts that are anticipated in connection with the project. The project has been conditioned to mitigate any adverse conditions. The prepared Mitigated Negative Declaration is hereby approved. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2003 -003, Site Plan Review No. 2003 -001 and Lot Line Adjustment No. 2003 -011, subject to the Conditions set forth in Exhibit "A" and the Mitigation Monitoring Program set forth in Exhibit "B." Section S. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. Planning Commission Resolution No. 1587 Page 5 of 21 PASSED, APPROVED AND ADOPTED THIS 20th DAY OF FEBRUARY 2003. AYES: Agaianian. McDaniel. Gifford. Selich. Toerge and Tucker NOES: None ABSENT: Kiser Earl McDaniel, Vice Chairman ian, Secretary Planning Commission Resolution No. 1587 Page 6 of 21 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2003 -003, SITE PLAN REVIEW 2003 -001 AND LOT LINE ADJUSTMENT 2003 -011 1. The development shall be in substantial conformance with the plot plan, floor plans, elevations, preliminary grading plan as amended (dated 2125/03), and preliminary landscaping plan reviewed by the Planning Commission on February 20, 2003, unless otherwise amended by the following conditions or mitigation measures contained in Exhibit "B." 2. Use Permit No. 2003 -003 and Site Plan Review No. 2003 -001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The Planning Commission may add to or modify conditions of approval to this site plan review, or revoke this site plan review upon a determination that the implementation of the project which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent City- adopted version of the California Building Code. The project shall meet all applicable disabled access requirements. 5. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 6. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the apartment complex, including any leasing information. 7. All improvements shall be constructed as required by Ordinance and the Public Works Department. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of any public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 8. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 9. The applicant shall stripe and sign any fire lane as may be established by the Newport Beach Fire Department. The secondary emergency access driveway onto Back Bay The City Council approved a modified grading plan dated 2/25103. Planning Commission Resolution No. 1587 Page 7 of 21 Drive, including any gating and gate operational equipment, shall be designed and installed to the review and approval of the Fire Department. If gates are proposed for the main entrance in the future, the gates shall be designed and installed in accordance with Fire Department approval. 10. Street, drainage and utility improvements shall be shown on standard improvement plans prepared by a licensed civil engineer in accordance with Public Works Department standards. 11. Prior to issuance of a building permit, the applicant shall prepare a drainage plan to the approval of the Public Works Department and /or the Building Department. The drainage plan shall also address any drainage from adjacent properties that currently cross the subject property and shall provide for adequate drainage facilities from those properties to be installed by the applicant. 12. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 13. Any Southern California Edison transformers serving the site shall be located outside the sight distance planes in accordance with City Standard 110 -L. 14. The project shall install and maintain a fire suppression sprinkler and alarm system subject to the review and approval of the Fire Department. Smoke detectors within the units shall be interconnected to waterflow switches on the fire sprinkler systems where determined by the Fire Department. 15. The final landscaping plans shall be prepared in a manner that all trees along the perimeter of the site as well as interior site trees, determined to be located within the line of sight of any public view corridor, shall be of a species that will not materially impair public view corridors or shall be trimmed and maintained so as not to materially impair view corridors. 16. No mechanical equipment shall be located on any exterior roof surface. All mechanical equipment shall be ground mounted and screened from view and/or incorporated into the interior building structure. 17. All construction - related activities shall be in accordance with the Newport Beach Noise Ordinance Section 10.28.040, and shall be limited to the hours of 7:00 a.m. to 6:30 p.m. Monday through Friday, and 8:00 a.m. through 6:00 p.m. on Saturday. Construction shall not be allowed outside of these hours and days, and is prohibited at any time on Sundays and federal holidays. 18. Units within the project shall be rented to seniors of 55 years of age or older and all of the units shall be made affordable in accordance with the provisions of the Agreement between the applicant and the City of Newport Beach. Planning Commission Resolution No. 1587 Page 8 of 21 19. Parking shall be provided at a minimum of 1.2 spaces per dwelling unit. Parking facilities shall meet applicable standards for commercial parking facilities, and parking and circulation shall be subject to further review and approval by the City Traffic Engineer. 20. 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