HomeMy WebLinkAbout1710 - APPROVE UP, MD AND LA_407, 409, 411, & 413 31ST STREETRESOLUTION NO. 1710
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. 2006 -001,
MODIFICATION PERMIT NO. 2006 -052, AND LOT LINE ADJUSTMENT NO.
2006 -010 FOR THE CONSTRUCTION OF FOUR, MIXED -USE BUILDINGS
LOCATED AT 407, 409, 411, & 413 31sT STREET (PA 2006 -031)
WHEREAS, an application was filed by Thirty First Street LLC, with respect to properties
located at 407, 409, 411, & 413 315' Street, and legally described as Lots 9, 10, 11, & 12 in
Block 431 of the Lancaster's Addition to Newport Beach, requesting an approval of Use Permit
No. 2006 -001 to establish a height limit in excess of the 26 -foot base limit pursuant to Section
20.65.055 of the Municipal Code for the construction of four, mixed -use buildings and a
commercial Floor Area Ratio (FAR) less than the minimum 0.25 FAR required for mixed -use
development projects. In addition, the application requested approval of Modification Permit No.
2006 -052 to allow residential parking spaces to encroach within the 10 -foot alley setback and
commercial spaces to encroach within the 5 -foot front yard setback, and Lot Line Adjustment
No. 2006 -010 to create four lots of equal size; and
WHEREAS, a public hearing was held on January 4, 2007 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meting 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; and
WHEREAS, the construction of the proposed mixed -use buildings, pursuant to the
conditions according to which it will be operated and maintained, is consistent with the Mixed
Use Horizontal (MU -H4) land use designation of the 2006 General Plan Land Use Element
which permits properties located within the interior parcels of the Cannery Village to be
developed with multi - family residential uses, as well as mixed -use and commercial buildings.
Within mixed -use structures, the ground floor shall be restricted to retail sales and
restaurants and the rear and upper floors shall be used for residential. The total floor area of
mixed -use projects is now permitted up to a 1.5 FAR (1.25 FAR previously). Each building
within the proposed project is comprised of a total floor area of 3,104 square feet or 0.99
FAR, consistent with this designation; and
WHEREAS, Land Use Policy LU 6.10.3 "Specific Plan Guidelines" of the 2006 General
Plan, requires developments located within the Cannery Village area to utilize the design and
development guidelines identified in Cannery Village Specific Plan. The design and
architectural character of the project has been reviewed and determined to be consistent with
the Cannery Village theme and development guidelines established for the area; and
WHEREAS, the Coastal Land Use Plan (LUP) designates the site for General
Commercial (CG -C) uses and permits a wide range of commercial activities with an emphasis
in providing a specialty retail core. Residential uses are also permitted on the second floor
above commercial uses, consistent with the Cannery Village Specific Plan limitations.
Therefore, the proposed project is consistent with this Coastal Land Use designation; and
Planning Commission Resolution No.
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WHEREAS, the subject property is located within the Cannery Village /McFadden
Square Specific Plan (SP -6) zoning district and is designated for Specialty Retail (SR) uses.
The proposed mixed -use buildings are a permitted use within this zoning designation. With
the exception of the increased building height, reduced commercial FAR, and parking space
encroachments, all of the development regulations of the SR/SP -6 zoning regulations have
been met; and
WHEREAS, the overall architectural theme of the proposed project is reminiscent of
the past use of the area and the differing architectural style of each building will complement
the eclectic style of the Cannery Village and existing buildings on 31St Street; and
WHEREAS, the proposed project, pursuant to the conditions under which it will be
operated and maintained, 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 for the following reasons:
1. Mixed -use developments with commercial uses on the first floor and residential units
above are permitted uses within the Mixed Use Horizontal (MU -H4) land use
designation as well as the Specialty Retail land use designation of the Cannery Village
Specific Plan Zoning District.
2. The proposed Use Permit request for increased height should not prove detrimental as
the project provides a significant increase in public and visual open space and the
overall ridge height does not exceed the 31 -foot ridge height limitation established for
the area.
3. The Use Permit request for the decrease in commercial floor area below the 0.24 FAR
will result in structures of sizes that are consistent with the purpose of the Cannery
Village Specific Plan because similar 750 square -foot commercial units have proven to
be large enough to accommodate a viable business; and
4. The parking space encroachments into the front and rear setbacks have been
reviewed by the Traffic Engineering Department and has been determined to not
cause any safety or hazards. A minimum of 24 -feet of back -up area to the building
across the alley has been provided for the residential parking spaces that encroach
into the rear 10 -foot alley setback, as well as adequate back -up area for the
handicapped spaces in the front of the lots.
WHEREAS, commercial floor area is limited to a maximum of 0.5 FAR and a minimum of
0.25 FAR. Residential floor area is limited to a maximum 0.75 FAR. The project consists of 0.75
FAR of residential, however, only provides 0.24 FAR of commercial. Section 20.63.040(E)
(Floor Area Ratios and Building Bulk) of the Newport Beach Municipal Code requires findings
and facts in support of such findings for approval of commercial floor area below the minimum
required 0.25 FAR. Such findings and facts to support such findings are as follows:
Planning Commission Resolution No. _
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1. Finding: That the proposed commercial space constitutes a significant portion of the
project.
Facts in Support of Finding: The proposed commercial floor area of each unit is 750
square feet and results in a 0.24 FAR (only 0.01 FAR less than required). The minimum
required 0.25 FAR would require a commercial floor area of 784.69 square feet (34.69
square feet more than proposed). Although this is a minimal increase in square footage
that could easily be accommodated into the project design, the extra square footage
would require one additional parking space to be provided per building. The applicant
was unable to incorporate an additional parking space into the design due to the narrow
lot widths, even accounting for the proposed lot line adjustment. Although the use of
tandem commercial parking could accommodate the additional 34.69 square feet of
commercial floor area, it is less desirable than the project as proposed. Therefore, it has
been determined that the proposed 0.24 FAR constitutes a significant portion of the
project as it comprises 32% of the total project area.
2. Finding: That the proposed commercial space is large enough to accommodate a viable
business.
Facts in Support of Finding: The proposed 750 square feet commercial units are only
34.69 square feet smaller than required with a 0.25 FAR. The reduction in square
footage is nominal and should not have an impact on the viability of a business.
Additionally, on the typical 2,790 square foot lot (30' x 93') found in the Cannery Village
area, 697.5 square feet is the minimum commercial area required (2,790 x 0.25 = 697.5
sq. ft.). The applicant has noted that 750 square feet of commercial floor area is more
than adequate to accommodate a workable business and that many of the existing
businesses in the Cannery Village area operate out of spaces ranging in size from 500 to
750 square feet. The applicant states that they have 9 tenants in the Cannery Village
area that currently operate thriving businesses out of commercial units less than 750
square feet in area. Additionally, the Cannery Lofts development provides several 745
square -foot commercial units, which have been proven to accommodate viable
businesses. Therefore, the proposed 750 square -foot commercial units are large enough
to accommodate viable businesses and the required reduction in FAR is reasonable.
WHEREAS, the project is proposed to exceed the 26 -foot base height limit by having
an average doormer roof height of 29 -feet 3- inches and an average roof height of 27 -feet 6-
inches for the front barrel - vaulted roof, measured from an elevated finished floor elevation (6.27
feet above mean sea level or 9 feet above mean low water) to the midpoint of the roof. This
elevated level is required by code so that the first level is above potential flooding levels. The
peak height of the building is approximately 31 feet from the elevated finish floor elevation. The
site is located in the 26/35 height limitation zone established by the specific plan that permits
buildings and structures to exceed the 26 -foot height limit up to a maximum of 35 feet through
the approval of a Use Permit. Section 20.43.050(H) of the Newport Beach Municipal Code
requires findings and facts in support of such findings for approval of the increased height. Such
findings and facts to support such findings are as follows:
Planning Commission Resolution No.
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1. Finding: The development will provide for both public physical and visual access to the
bay within the limits that public safety is ensured and private property protected.
Facts in Support of Finding: The proposed project is located near the intersection of
3151 Street and Newport Boulevard and does not currently provide, nor impact, any
physical or visual public access to the bay.
2. Finding: The increased building height would result in more public visual open space
and views than is required by the basic height limit in any zone. Particular attention
shall be given to the location of the structure on the lot, the percentage of ground
cover, and the treatment of all setback and open areas.
Facts in Support of Finding:
a. The proposed buildings have been significantly setback from 31st Street, well
exceeding the 5 -foot minimum front yard setback. Specifically, the first floor entry
element is setback 13 -feet and the main structure is setback 18 -feet 6- inches. The
second floor provides a setback of 16 -feet to the deck and 23 -feet to the main
structure. The third floor also provides a 23 -foot setback to the main structure,
with the exception of a small pop -out that is setback 20 -feet. Additionally, the third
floor has been setback 27 -feet 6- inches from the rear property line, well
exceeding the 10 -foot minimum alley setback. By setting the upper levels back
from the first level, in conjunction with the significant setbacks from the street and
alley, the project will provide for significant public visual open space on the project
site than otherwise could have been provided if the project were built to minimum
required setbacks. Additional visual open space and views will be provided
through the 10 -foot wide breezeways between the lower levels of each building.
b. By increasing the setbacks, the project results in a 61% lot coverage (Lot
Coverage is defined as the percentage of a site covered by roofs, soffits, or
overhangs and by decks more than 30 inches in height), well below the 84% total
maximum lot coverage possible for the site if the project was built out to the
minimum setback requirements. The additional setbacks provide increased open
areas that would not be achieved without increased height.
3. Finding: The increased building height would result in a more desirable architectural
treatment of the building and a stronger and more appealing visual character of the
area within the general theme of a marine environment.
Facts in Support of Finding:
a. The project has concentrated the floor area of the buildings to the center of the lots
to allow for increased open space within the front and rear. The increased building
height allows for the increased setbacks, particularly with the upper levels of the
building, and helps reduce the building mass gradually from bottom to top. Several
of the materials incorporated into the design complement the marine environment,
such as the metal industrial type roofs, cedar shingles, board and batten siding,
Planning Commission Resolution No.
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and the use of the radius roof lines. Each building has a unique design theme and
use of materials which not only complement, but also contribute to the overall
eclectic character of the Cannery Village.
b. Without the increased building height, the third floor may not be possible, thus
resulting in a two -story development with a much larger footprint. Additionally,
minimal open space would be provided and the loft style building would not be
achieved.
4. Finding: The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments or public
spaces. Particular attention shall be given to the total bulk of the structure including
both horizontal and vertical dimensions.
Facts in Support of Finding:
a. There are a variety of building heights in the Cannery Village area. Surrounding
buildings are generally one and two -story at or near the 26 -foot height limit. Some
projects, including the Cannery Restaurant, the 28th Street Marina project, and the
Cannery Lofts exceed the 26 -foot height limit. Some of these building are
nonconforming, light industrial buildings, and others have received use permits to
exceed the base height limit.
b. The highest portions of the building mass have been concentrated away from the
street and alley frontages, towards the interior of the properties, by providing a
generous front yard setback and a compliant 26 -foot high flat roof section at the
rear. Through this vertical design, the front and rear mass of the buildings are
minimized and allows for more light and ventilation to the immediate neighbors.
The curved roof lines visually help to minimize the bulk of the buildings by gradually
lowering the roof height to the front and rear of the lots, thereby creating additional
opportunities for visual open space. Additionally, with the exception of an existing
mixed -use development to the east, the project site is separated from other uses
by 3151 Street to the south and an alley to the west and north. This separation, in
conjunction with the design of the buildings to limit the bulk and mass of the third
floor to the center of the lots, eliminates any undesirable or abrupt scale
relationships between the project and existing developments.
c. The project only exceeds the 26 -foot average roof height limitation by 3 -feet 3-
inches and complies with the 31 -foot maximum peak height limitation for the area.
Therefore, when comparing this project to other newly constructed buildings that
maximize the height, there should be no visible or abrupt difference height.
5. Finding: The increase in height shall not result in floor area exceeding the floor area
otherwise permitted.
Planning Commission Resolution No.
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Facts in Support of Finding: The proposed floor area ratio is 0.99, which is below the
maximum 1.25 FAR permitted under the Cannery Village Specific Plan; therefore the
project does not achieve any additional floor area due to the additional height.
6. Finding: The maximum height in all districts shall be measured in accordance with the
definitions contained in Section 20.65.030.
Facts in Support of Finding: The height of the proposed structure has been measured
in accordance with Section 20.65.030.
WHEREAS, Section 20.93.030 (Modification Permits) of the Newport Beach Municipal
Code requires findings and facts in support of such findings for approval of a Modification
Permit for the encroachment of residential parking spaces into the rear 10 -foot alley setback
and the commercial handicapped parking spaces into the 5 -foot front yard setback. Such
findings and facts to support such findings are as follows:
1. Finding: The granting of the application is necessary due to practical difficulties
associated with the property and that the strict application of the Zoning Code results
in physical hardships that are inconsistent with the purpose and intent of the Zoning
Code.
Facts in Support of Finding:
a. Providing the number of code required parking spaces on -site creates a number of
design constraints that may be viewed as inconsistent with the purpose and intent
of the Specific Plan.
b. Many of the existing developments in the Cannery Village area are non - conforming
in regards to the number and location of parking spaces provided, several of which
do not provide any off - street parking. Property owners have been reluctant to
redevelop their properties due to this difficulty in accommodating the required
parking, and as a result, the inability to develop up to the maximum floor area
limitations.
c. Mixed -use projects have historically proved that difficulty exists when trying to
develop a successful project and provide the total number of code - required parking
spaces.
d. Recently developed mixed -use projects, such as the Cannery Lofts and the
Monarch Building, have sought similar encroachment requests, in addition to
utilizing tandem parking, to provide the number of required parking spaces on -site
and allowing them to meet the minimum commercial floor area requirements.
e. Difficulty in providing the number of code - required parking spaces is evidenced in
this case by the applicant's Use Permit request for the reduced commercial floor
area. The proposed commercial units could easily accommodate the 34.69 square
feet of commercial floor area needed to meet the minimum 0.25 FAR requirement;
Planning Commission Resolution No.
Page 7 of 14
however, the project would then require an additional parking space on each lot,
which could not be accommodated on -site without the use of tandem parking
spaces.
f. Parking spaces must be located in the front setback area of this project as the
number of code required parking spaces for the commercial uses cannot be
accommodated across the rear of the project without the use of tandem parking
spaces.
g. The need to locate parking spaces in the front setback area results in commercial
units that are significantly set back from the street frontage, which is a design
solution that is inconsistent with the Specific Plan's purpose and intent of creating a
pedestrian- oriented retail environment. To eliminate the parking space
encroachments into the front setback would require the commercial units to be set
back further, inconsistent with the Specific Plan.
2. Finding: The requested modification will be compatible with the existing development
in the neighborhood.
Facts in Support of Finding:
a. Several recently constructed and approved mixed -use projects in the Cannery
Village were granted similar modifications and many existing developments within
the area, particularly along the subject street, are non - conforming and currently
encroach up to the rear and /or front property line with the parking or the structure
itself.
b. The proposed 5 -foot residential parking encroachments into the 10 -foot alley
setback will not conflict with access to the garage on the opposite side of the alley
and will not restrict vehicular maneuverability within the alley. The proposed
encroachments are non - structural and are for the parking of vehicles only.
c. The proposed 5 -foot alley setback is comparable to the standard 5 -foot alley
setback required for residential districts for properties adjacent to alleys of 15 -feet
or less in width.
3. Finding: The granting of such an application will not adversely affect the health or
safety of persons residing or working in the neighborhood of the property and will not
be detrimental to the general welfare or injurious to property or improvements in the
neighborhood.
Facts in Support of Finding:
a. The City Traffic Engineering Department has reviewed the proposed project and
believes the project will not create any safety or hazards as the project provides a
minimum of 24 -feet of back up area to the buildings across the alley, as well as
adequate backup for the handicapped spaces in the front of lots.
Planning Commission Resolution No.
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b. A minimum 15' x 15' sight line will be provided at the intersection of the two alleys,
further improving the safety and maneuverability through the alleys.
c. The existing garage for the retail structure currently does not maintain a setback to
the rear property line and parking for the retail building is currently provided within
the front setback, neither of which has proven detrimental to date with the
exception of difficulty maneuvering through the alley. With the elimination of the
garage and the 5 -foot setback provided, alley maneuverability will be increased.
WHEREAS, Title 19 (Subdivision Code) of the Newport Beach Municipal Code
requires findings and facts in support of such findings for approval of a Lot Line Adjustment.
Such findings and facts to support such findings are as follows:
1. Finding: The project site described in the proposal consists of legal building sites.
Facts in Support of Finding: The original four lots are legal buildings sites that were
created in 1907 and are legally described as Lots 9, 10, 11, and 12 in Block 431 of the
Lancaster's Addition to Newport Beach.
2. Finding: Any land taken from one parcel will be added to an adjacent parcel and no
additional parcels will result from the lot line adjustment.
Facts in Support of Finding: The project will result in four 33.75 -foot wide lots and will
not result in the creation of any new parcels or change the number of existing parcels.
3. Finding: The parcels proposed to be created by the lot line adjustment comply with all
applicable zoning regulations and there will be no change in the land use, density, or
intensity on the property.
Facts in Support of Finding: The proposed parcels comply with all applicable zoning
regulations, including minimum lot size, and will maintain the current General Plan
land use designation of Mixed Use Horizontal and Specific Plan designation of
Specialty Retail with a proposed FAR limitation of 0.99, below the maximum 1.25 FAR
limitation for mixed -use developments permitted by the Specific Plan.
4. Finding: The lot line adjustment, in and of itself, will not result in the need for additional
improvements and /or facilities.
Facts in Support of Finding: The lot line adjustment, in and of itself, will not result in the
need for additional improvements and /or facilities because public improvements and
infrastructure currently exists on the site and in the area. The conditions of approval for
public improvements are a result of project implementation and would be required
regardless if a lot line adjustment were proposed. However, the existing structures will
be required to be demolished prior to recordation of the lot line adjustment, as
setbacks and building code issues would otherwise arise.
Planning Commission Resolution No.
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NOW THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves Use
Permit No. 2006 -001, Modification Permit No. 2006 -052, and Lot Line Adjustment No. 2006-
010, subject to the Conditions set forth in Exhibit "A ".
Section 2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk 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 4th DAY OF JANUARY 2007.
AYES: Peotter, Hawkins, Cole
McDaniel
NOES: Eaton and Toerge
Planning Commission Resolution No.
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EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2006 -001, MODIFICATION PERMIT NO. 2006 -052, AND LOT LINE
ADJUSTMENT NO. 2006 -010
STANDARD CONDITIONS
1. The development shall be in substantial conformance with the approved plot plan, floor
plan, and elevations stamped with the date of this meeting, except as noted in the
following conditions.
2. Use Permit No. 2006 -001, Modification Permit No. 2006 -052, and Lot Line Adjustment
No. 2006 -010 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 project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
5. Provisions shall be installed to comply with the City's on -site non -storm runoff retention
requirements.
6. All utilities serving the development shall be undergrounded
7. Each unit shall provide separate sewer connections and water meters.
8. All plan check, development, and utility connection fees shall be paid.
9. The minimum finish floor elevation of the buildings shall be 8.67 feet above mean sea
level based upon NAVD 88 vertical datum (6.27 using NGVD 29).
10. The commercial space within the project shall not be converted or used for residential
purposes. Residential space shall be used for residential purposes and shall not be
converted or used for exclusive commercial purposes. Commercial activity within the
residential portions of all buildings shall comply with Section 20.60.100 (Home
Occupations in Residential Districts).
11. Signs shall be regulated by the Chapter 20.67 (Signs) of the Newport Beach Municipal
Code.
Planning Commission Resolution No.
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12. The applicant shall submit a landscape and irrigation plan prepared by a licensed
landscape architect or licensed architect for on -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 Engineer.
13. 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.
14. Prior to the recordation of the lot line adjustment, grant deeds indicating the changes
in titles of ownership should be submitted to the Public Works Department for review
and approval.
15. The lot line adjustment and grant deeds reviewed and approved by the Public Works
Department should be filed concurrently with the County Recorder and County
Assessor's Offices.
16. In conformance with the California Coastal Act, Coastal approval shall be obtained prior
to the recordation of the lot line adjustment and issuance of building permits for project
construction.
PROJECT SPECIFIC CONDITIONS
17. The applicant shall incorporate the use of sound insulating doors and double paned
windows with a Sound Transmission Class (STC) rating of 35 or greater for the entire
p roject.
18. Prior to the issuance of the certificate of occupancy, a real estate disclosure, approved
as to form and content by the City Attorney, shall be recorded with the County of
Orange on each property informing buyers that the residential units are located in a
mixed -use district and may be subject to operational noise impacts or disturbances. If
any owner decides to lease the residential units, the owner shall provide any
prospective tenant with a copy of the real estate disclosure and the real estate
disclosure shall be incorporated into any lease agreement for the residential unit. Said
disclosures shall disclose the types of uses in the area, such as eating and drinking
establishments, group meeting facilities, etc., and the types of noise impacts and
possible disturbances associated with such uses.
Planning Commission Resolution No.
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19. The tandem parking spaces of the residential units shall be set back a minimum of 5-
feet from the rear property line.
20. The covered commercial parking spaces located at the rear of the project shall
maintain the minimum required 10 -foot alley setback.
21. A minimum of 50 percent of the required front yard setback area (84 sq. ft.) shall be
devoted to landscaping.
22. The rear 5 feet of each lot, between the parking area and the alley, shall be
constructed with decorative hardscaping.
23. The commercial floor area of each building shall maintain a floor area of 750 square feet
as proposed on the approved plans.
24. Exterior decks, setback areas, covered passageway, and covered vehicular parking
areas shall not be covered or enclosed without the prior approval of the Building and
Fire Departments and the Planning Commission.
25. Commercial trash receptacle(s) shall be stored within the commercial space or shall
otherwise be screened from public view as determined by the Planning Director.
Residential trash receptacles shall be stored within the residential garage.
26. The enclosed garages and residential tandem parking spaces shall be available for the
exclusive use of the residential occupants for parking purposes only. No conversion of
the garage spaces to other use shall be permitted. The covered parking spaces at the
rear and handicapped commercial space in front shall be available for the exclusive
use of the commercial businesses and customers while those commercial businesses
are open for business.
27. 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 and must meet all applicable State Disabilities
Access requirements, including but not limited to the following conditions:
a. Covered accessible parking and loading areas shall be provided on each lot and
shall comply with the applicable requirements.
b. A second exit shall be required from the 3d floor unless an acceptable alternative
can be provided to the Building Departments satisfaction.
C. Rated occupancy and sound separations are required between the dwelling units
and commercial occupancy.
d. Provide one hour exterior construction walls at each side of property lines
adjacent to the seismic separations.
Planning Commission Resolution No.
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e. Where the accessible path of travel slope from the street or parking to each
commercial entrance exceeds 5 %, the applicant shall provide guide curbs,
handrails, and landings per Title 24.
28. A minimum 4 -foot wide ADA compliant sidewalk shall be provided behind all existing
and /or new parking meters and fire hydrant(s) along the 31St Street frontage, unless
otherwise approved by the Public Works Department.
29. The driveway approach 'X's and curb cuts proposed along the 31St Street frontage shall
comply with current ADA standards.
30. A minimum 4 -foot landing separation shall be provided between driveway approaches.
31. All portions of a driveway approach, including the "X ", shall be constructed within the
prolongation of the side property lines of the property for which it serves.
32. The proposed on- street parking spaces shall measure 8 -feet by 22 -feet, per City
Standard STD 805 -L -A and STD 805 -L -B.
33. The applicant shall provide one public fire hydrant, which shall be installed in a manner
and location agreed upon by the Fire Department, Public Works Department, and
Utilities Department.
34. The City's water main that serves this development is installed along the alley northerly
of the site and the alley westerly of the site. The applicant shall submit engineered plans
and substantiating calculations detailing the manner under which the new fire hydrant will
be installed.
35. The applicant shall obtain the approval of the City Traffic Engineer for the construction of
shared driveway approach(es).
36. The applicant shall obtain City Council approval for the proposed curb cuts along the 31St
Street frontage.
37. The bottom width of the proposed 1 -car driveway approaches shall measure a minimum
of 10 -feet.
38. The intersection within the two alleys shall maintain a 15 -foot by 15 -foot clear line of
sight.
39. Red curbing is required between the driveway top of 'X's and the nearby on- street
parking space "T "s.
40. The applicant shall pay the costs of furnishing and installing new parking meters along
the 31 St Street frontage.
Planning Commission Resolution No.
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41. The applicant shall install a parkin? meter post and parking tee for any new /relocated on-
street parking space along the 31s Street frontage.
42. ADA access aisles adjacent to 31't Street shall have a 2% maximum slope.