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HomeMy WebLinkAbout1590 - APPROVE UP AMENDMENT_105 MAIN STREET & 707 E. OCEAN FRONTRESOLUTION NO. 1590 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AMENDED USE PERMIT NO. 3683 FOR THE BALBOA INN LOCATED AT 105 MAIN STREET & 707 E. OCEAN FRONT. (PA2002 -236) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. On January 9, 2001, at a noticed public hearing, the City approved Use Permit No. 3683 for the existing Balboa Inn located at 105 Main Street to operate as a conforming use pursuant to the Use Permit and an expansion to the inn proposed for 707 E. Ocean Front. The sites are legally described as Lots 12, 13, 14, 15 and 16 in Block 10 of the Balboa Tract and the easterly 135 feet of the northerly 55 feet of Lot D of the Balboa Tract. The expansion project consisted of the demolition of all structures at 707 E. Ocean Front and the construction of a two and three story structure consisting of 11 new guest suites, guest spa area, approximately 2,060 square feet of retail space, and a partially covered 20 space, tandem parking area. The use permit authorized the expansion project to exceed the floor area ratio, building bulk and established a height limit in excess of 26 feet. A Mitigated Negative Declaration was prepared, considered and adopted for the project in accordance with the California Environmental Quality Act. Section 2. An application was filed by Michel Pourmussa, managing member of the Balboa Inn LLC., with respect to property located at 707 E. Ocean Front, requesting approval of an amendment to Use Permit No. 3683 to permit changes to the approved project including an increase in bulk, an increase in height of certain features as well as other architectural and design changes. The proposed changes were not within the scope of the original approval. Section 3. A public hearing was held on January 9, 2003 and March 6, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California regarding the requested amendment to the approved project. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 4. The Planning Commission finds as follows: 1. The Land Use Element of the General Plan designates both sites, 105 Main Street and 707 Ocean Front, for `Retail and Service Commercial' uses. The project includes existing visitor accommodations and new accommodations and retail uses which are permitted uses within this commercial designation. 2. The existing Development at 105 Main Street provides visitor accommodations (34 units) within the Central Balboa Specific Area Plan consistent with the General Plan. The inn is a local historical landmark and has not proven to be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Approval of the use permit makes the use City of Newport Beach Planning Commission Resolution No. 1590 Paoe 2 of 11 conforming with respect to permit requirements and does not authorize any changes to the operational characteristics of the use. No expansion of the use or area on the property north of Ocean Front where the existing Balboa Inn is located (105 Main Street) is authorized. The structures on the 105 Main Street site remains legal, nonconforming with respect to building height, floor area ratio, building bulk, parking and landscaping. 3. The proposed construction of additional area for visitor accommodations on 707 Ocean Front which will be operated in conjunction with the existing Development at 105 Main Street does not constitute an expansion of a nonconforming structure. The existing Balboa Inn is located at 105 Main Street and the new hotel area is separated from this property by a public right of way, and constitutes a separate building site. 4. Based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned, could have a significant effect on the environment; therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 5. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. 6. A trip generation study has been prepared by the Traffic Engineer which analyzes the expected trip generation for the proposed project, and verifies that the proposed project will generate approximately 165 vehicle trips per day which is not a significant increase warranting a traffic study pursuant to the Traffic Phasing Ordinance. 7. 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. 8. Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. 9. Approval of Use Permit No. 3683, and this amendment will not, under the circumstances of the case 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 or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of this Code for the following reasons: City of Newport Beach Planning Commission Resolution No. 1590 Paoe 3 of 11 (a) The Central Balboa Specific Area Plan statistical area has approximately 47,000 square feet of remaining entitlement, and the proposed project will not the put the area in deficit. (b) The Central Balboa Specific Area Plan statistical area does have several underutilized properties. None of these parcels are of sufficient size or seems likely to redevelop in the near future that would cause the base development allocation of the entire statistical area to be exceeded. (c) The increased development is 760 square feet, which is 7.8% of the overall project. The increased development increases the mass of the project making it two and three stories. The building is consistent with massing and size of the adjacent 4 -story inn and does not constitute an abrupt change in scale, as it is lower than the inn. The duplexes to the west are two -story and are developed well above 1.0 FAR and the three story condominiums to the west are of similar size and scale to the proposed project. The change in scale from the south is significant, but is not inconsistent with the change in scale between structures located on Main Street as it extends the characteristic urban fabric further south. (d) The Central Balboa Specific Area Plan area acts as a visitor serving commercial area and recreational area. The recreational use of the area served both visitors as well as residents. The use of the site for visitor accommodations and retail uses is compatible with the surrounding uses. (e) The increase height does not have a significant effect upon public views. Views from Ocean Front and Main Street are partially blocked by the existing development of the site and the increased development will not dramatically affect this view. The proposed project will open a portion of the view (westerly 26.5 feet) presently blocked by the perimeter walls. The view of the project site and the adjacent commercial area will be affected by the project, but in a positive way due to the project's high level of architectural detail and consistent architectural style with the adjacent Development at 105 Main Street. (f) The site is flat and has no submerged areas and has no sensitive resources. The site is physically suitable for development as vehicular access and utilities presently exist that can serve the proposed project. The site is located adjacent to the Development at 105 Main Street which is a locally significant historical landmark and focal point of the Central Balboa area. The design of the building is consistent with the architecture of the inn thereby preserving and enhancing the unique character of the area. (g) The design of the project predominantly with visitor accommodations with its connection to the existing Development at 105 Main Street realistically precludes other land uses that would generate additional traffic. The project does provide 5 excess parking stalls that will provide additional parking for the existing inn thereby reducing parking demand generated by the existing inn for the public beach parking. City of Newport Beach Planning Commission Resolution No. 1590 Paqe 4 of 11 (h) The project is designed to be consistent with the adjacent Development at 105 Main Street, which has local historical significance. Promoting commercial districts and providing opportunities for older, underutilized properties to redevelop is consistent with General Plan policies. Preserving and enhancing the Balboa Inn and surroundings is a goal of the Central Balboa Speck Plan. (i) The increased height results in a decreased building footprint where the westerly 26.5 feet of the property is not developed with any buildings, which will open a portion of the view of the ocean and beach to Ocean Front. Q) The increased height permits greater building articulation where there is a single story portion between the two three story elements. This building mass articulation avoids a flat two story building that could potentially occupy the entire site. The increased height permits higher clear heights for the project which results in the ability to incorporate additional architectural details that are consistent and compatible with the adjacent Development at 105 Main Street which strengthens the unique and historic character of the of the area. (k) The proposed three -story building is consistent with massing and size of the adjacent inn and does not constitute an abrupt change in scale, as it is lower than the adjacent 4 -story inn. Further west are three duplexes which are two -story and a three -story condominium development. The duplexes are no more than 26 feet in height and the increased height suggested does not create an abrupt scale relationship. (1) Deviations from the building height in conjunction with a request to increase the floor area ratio is acceptable based upon Alternative Development Regulations when innovative or superior urban design is proposed pursuant to the Central Balboa Speck Area Plan. (i) The project is designed to create visual interest and it incorporates pedestrian scale elements along Main Street, Ocean Front and the beach parking lot driveway to the south which enhances the significant pedestrian circulation of the area. (ii) The project is not monotonous, nor visually unappealing as the plans include both vertical and horizontal articulation, which break up building mass. (iii) The project is designed to visually connect to the urban commercial area to the north and it does not create gaps in the streetscape system. (iv) The proposed development expands the pedestrian spaces by providing a covered walkway by the sidewalk with recessed building entries and a landscaped court along Ocean Front. (v) The project includes enhanced paving materials at the building entrance and under the pedestrian bridge, which will identify entrances and add visual interest. City of Newport Beach Planning Commission Resolution No. 1590 Page 5 of 11 (vi) Site design and parking areas are designed to minimize pedestrian/vehicle conflicts by providing one parking area entrance on the south side of the site and bollards between the parking areas and Ocean Front. These features also help to minimize vehicle/bicycle conflicts. The project provides sufficient parking for the new uses and it provides 5 additional spaces for the Development at 105 Main Street which presently relies upon the City parking and street parking. (vii) The project avoids large blank walls and long stretches of walls without windows or architectural relief, which would be unfriendly to pedestrians. Awnings and a covered walkway provide weather protection and they relate to the overall scale of the architectural details. The design and architecture incorporates features including arches, column details, window ledges, arched windows, Spanish roof tiles, exposed rafter tails, balcony railings and other features that mimics the design and architecture of the historic Development at 105 Main Street. The project is conditioned that exterior finishes, materials and colors shall be reviewed and approved prior to the issuance of a building permit and that these elements shall be consistent and compatible with the existing development at 105 Main Street. The project includes the use of materials that are in character with the area. (viii) If the plans were not approved, the project could be redesigned at two stories, but the building mass articulation would be lost or the overall building footprint would potentially increase, and many of the benefits of the proposed project would not be realized. (ix) The plan does not hinder the public's expenditures and planned projects to improve the public parking lot, streetscape and landscaping within the area. 10. The proposed project is generally consistent with the Balboa Village Design Guidelines for the following reasons: (a) The project exhibits complementary design elements compatible with the Balboa Village and Balboa Inn including recessed windows and doors, ceramic tile wainscoting, arches, awnings, belt moldings, ornamentation, balustrades, vertical proportionality and a pedestrian design orientation. (b) The height of the building does not dominate or compete with the Balboa Inn, a local landmark as the existing inn is higher and more massive. The parking is to the rear and is screened from public view. Landscaping is provided creating garden features softening hardscape. (c) The mission tile roof is compatible with the existing Balboa Inn. The exposed rafter tails provide interest and ornamentation. The increased height of the round roof elements and the elevator tower reinforce the vertical proportionality, architectural articulation and tower prominence encouraged by the Guidelines. City of Newport Beach Planning Commission Resolution No. 1590 Page 6 of 11 Section 5. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 3683 and this amendment to the use permit, subject to the conditions set forth in Exhibit "A." Section 6. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 6t" DAY OF March 2003. f:3'A Chairman nian, Secretary AYES:Toerge, Agaianian, Gifford. Selich and Tucker NOES: McDaniel and Kiser City of Newport Beach Planning Commission Resolution No. 1590 Paqe 7 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 3683 Amended 1. The development shall be in substantial conformance with the approved site plan, floor plans and elevations, except as noted below. The applicant shall submit to the Planning Department samples of materials and colors to be subject to the approval of the Planning Director prior to the issuance of a building permit for new construction. Said materials and colors shall be consistent and compatible with the existing Development at 105 Main Street. The development shall be high quality and employ materials, finishes and application techniques which are compatible with the historic existing development at 105 Main Street. The project shall utilized materials, design elements or other concepts contained within in the project architect's visual presentation to the Planning Commission conducted on March 6, 2003. 2. All previous discretionary approvals for the 105 Main Street project site, except for Use Permit No. 3158 and all subsequent amendments to Use Permit No. 3158 are hereby null and void. Those discretionary approvals for the 707 Ocean Front project site shall be null and void upon the commencement of construction for the expanded Development at 105 Main Street proposed thereon. 3. The visitor accommodations located on 707 Ocean Front shall not be operated separately or independently from the existing development located at 105 Main Street. 4. The project shall provide 17 parking spaces on site for all on -site uses. Excess parking provided shall be dedicated for use and limited to use by patrons or employees of the existing Development at 105 Main Street. 5. All trash areas shall be screened from adjoining properties and public streets 6. A restrictive covenant shall be prepared and recorded in the title of both the existing development at 105 Main Street and 707 Ocean Front that will limit the uses, development and operation of both properties as one, consistent with this use permit and preclude conversion of the buildings to any use that would generate additional vehicle traffic or parking demand and precludes separate conveyance of 707 Ocean Front and 105 Main Street while either is used pursuant to this use permit. The covenant shall be reviewed and be subject to the City Attorney's approval prior to recordation. 7. The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site and adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic City of Newport Beach Planning Commission Resolution No. 1590 Paqe 8 of 11 Engineer. Perimeter landscaping required pursuant to Section 20.45.035(L) of the Municipal Code shall not be required. 8. All landscape materials and landscaped areas shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 9. The owner shall provide and execute a replacement encroachment agreement subject to review and approval by the City for the continued operation of the pedestrian bridge. Standard Requirements: 10.All improvements within the public right of way shall be constructed as required by Ordinance and the Public Works Department. 11.Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 12.That all construction within the public right -of -way be subject to further review by the Public Works Department and be completed under an encroachment permit issued by the Public Works Department. That an Encroachment Agreement be executed for all non- standard improvements approved to be constructed within the public right -of -way. 13.The final design of all on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the Traffic Engineer. 14. The proposed parking spaces shall be restriped to comply with City Standard 805 L -A and L -B. The HC space shall be modified so that a van size loading area is provided on the right side of the space. 15. The applicant or operator of the facility shall provide valet attendant service for the tandem parking lot at all times. The applicant or operator shall prepare a valet operated parking plan to be reviewed and approved by the Public Works Department prior to the issuance of a building permit. 16. The applicant shall provide wheel stops or other approved protective barrier methods as necessary within the parking facility. 17. For Fair Share fee purposes the retail square footage shall be considered part of the hotel and not accessed as separate retail square footage. However, there will be no credit given from the existing current use. 18.A drainage study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on- City of Newport Beach Planning Commission Resolution No. 1590 Page 9 of 11 site improvements prior to issuance of any building permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 19.Any Edison transformer serving the site shall be located outside the sight distance planes as described in City Standard 110 -L. 20. 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. 21.The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 22. The proposed project shall conform to the requirements of the Uniform Building Code, including State Disabled Access requirements, unless otherwise approved by the Building Department 23.All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this use permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 24. 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. 25. The parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 26. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 27. The applicant shall be vested in the Use Permit for the existing Development at 105 Main Street immediately upon the effective date of this Use Permit. This Use Permit, as it applies to the proposed new construction, shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. 28.The applicant shall reimburse the City of Newport Beach, prior to the issuance of a building permit, for the costs associated with having the final plans and specifications for the project evaluated by an independent architect or design consultant and to have the construction monitored to ensure proper implementation. The independent architect or design consultant shall be hired by the City to act as a consultant and construction City of Newport Beach Planning Commission Resolution No. 1590 Paqe 10 of 11 monitor and shall advise the City as to the implementation of the project in accordance with the intent of the Planning Commission's approval. The purpose for the independent review and monitoring shall be to ensure that the plans and specifications include the use of modern high quality materials, finishes and construction techniques that will make the new construction consistent and compatible with the historic character of the Balboa Inn. The Planning Commission desires that the new construction be accomplished in such a way as to make it appear as a contemporary with the historic Balboa Inn, not identical to the Balboa Inn and conforming with the high level of architectural and design detailing indicated in the approved site plan, floor plans and elevation drawings, which is a specific reason for the approval of this Use Permit. 29. The materials and design of the window and door frames shall be subject to the review and approval of the Planning Director. The design of the frames shall be found consistent with the Balboa Village Design Guidelines. 30.The applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a building permit. The lighting plan shall be found consistent with the Balboa Village Design Guidelines. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 31. Lighting shall be in compliance with applicable standards of the Zoning Code and shall be implemented and maintained in a manner consistent with the Balboa Village Design Guidelines. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. ' Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 feet in height. Mitigation measures 32. During construction activities, the applicant shall ensure that the following measures are complied with to reduce short-term (construction) air quality impacts associated with the project: a) controlling fugitive dust by regular watering, or other dust palliative measures to meet South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust); b) maintaining equipment engines in proper tune; and c) phasing and scheduling construction activities to minimize project - related emissions. 33. During construction activities, the applicant shall ensure that the project will comply with SCAQMD Rule 402 (Nuisance), to reduce odors from construction activities 34. During grading activities, a qualified archeologistipaleontologist shall be present to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archeologistipaleontologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the find. City of Newport Beach Planning Commission Resolution No. 1590 Paqe 11 of 11 35. During construction activities, the project will comply with the erosion and siltation control measures of the City's grading ordinance and all applicable local and State building codes and seismic design guidelines, including the City Excavation and Grading Code (NBMC Section 15.10). 36. Prior to the issuance of a grading permit, the applicant shall submit a comprehensive geotechnical investigation to the Planning and Building Department for review and approval. 37.The project shall conform to the requirements of the National Pollution Discharge Elimination System (NPDES) and shall be subject to the approval of the Public Works Department to determine compliance. 38.The project will comply with the provisions of the City of Newport Beach General Plan Noise Element and the Municipal Code pertaining to noise restrictions. During construction activities, the hours of construction and excavation work are allowed from 7:00 a.m. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays, and not at any time on Sundays and holidays. 39.Prior to the start of construction activities (e.g. demolition of existing building), a construction traffic control plan shall be prepared which includes the haul route, truck hauling operations, construction traffic flagmen, and construction warning /directional signage. 40. Prior to the issuance of grading or building permits, the project applicant shall coordinate with utility and service organizations regarding any construction activities to ensure existing facilities are protected and any necessary expansion or relocation of facilities are planned and scheduled in consultation with the appropriate public agencies. 41. Prior to the commencement of grading activities, the applicant shall submit to the Planning and Building Department a letter from the City Utilities Department confirming availability of utility services to and from the site.