HomeMy WebLinkAboutThirty First St. LLC - 4007-413 31st St.-PA2006-031CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 5
November 2, 2006
TO: PLANNING COMMISSION
FROM: Planning Department
Jaime Murillo, Associate Planner
(949) 644 -3209
jmu(illo@city.newport-beach.ca.us
SUBJECT: Use Permit No. 2006 -001
Modification Permit No. 2006 -052
Lot Line Adjustment No. 2006 -010 (PA 2006 -031)
407 -413 31st Street
APPLICANT: Thirty First Street LLC
REQUEST
The applicant requests approval of a use permit for the construction of four mixed -use
buildings at a proposed height of 31 -feet, above the base height limition of 26 -feet. The
use permit also requests approval of a commercial floor area ratio (FAR) less than the
minimum 0.25 FAR required for mixed use development projects. In addition, the applicant
is requesting the approval of a modification permit to allow parking spaces to encroach
within the front and rear setbacks and a lot line adjustment to adjust the interior property
lines of four lots into four equally sized parcels.
Staff recommends that the Commission
the project, consider the analysis in this
16, 2006.
DISCUSSION
open the public hearing, receive public input on
report, and continue the hearing to November
Staff inadvertently omitted the applicant's request for parking space encroachments
within the front yard setback, resulting in an inadequate public notice. Therefore, the
Commission can not take action on this item. However, staff has completed a full review
and analysis of this project and would like to receive the Commission's comments,
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particularly related to the modification request for the parking space encroachments.
Site Overview
The subject property is located near the northeast corner of 31St Street and Newport
Boulevard, adjacent to Rudy's Pub and Grill, in the Cannery Village /McFadden Square
Specific Plan District (SP -6). The site currently consists of one 4,185 square foot lot
(45'x93') and three 2,790 square foot (30'x93') lots. The 45 -foot wide lot is presently
improved with an automobile repair facility and the three 30 -foot wide lots are currently
improved as one site with a one -story retail /office building and parking lot. The site is
adjacent to mixed use office and residential uses to the south and east, the Newport
Club and a mixture of office, retail, and residential uses to the north, and Rudy's Pub &
Grill to the west.
Project Overview
The applicant proposes to demolish the existing office building and automobile repair
facility and construct four new three -level mixed -use buildings. Each building is
designed with the same floor plan (two reversed) and will consist of 750 square feet of
commercial space on the ground floor and a two -level 2,354 square -foot single - family
dwelling above.
Each residential unit will be provided an attached one -car garage and a partially
covered tandem parking space accessed from the alley. Additionally, each commercial
unit will provide two partially covered parking spaces accessed from the alley and one
handicapped van accessible space accessed from 31st Street. Each building is
designed with a second floor deck facing 31St Street and a second and third floor deck
over looking one side. The residential units are loft style designs with no direct access
to the commercial space below.
The applicant proposes to adjust the lot widths creating four identical 33.75 -foot wide
parcels. The resulting lot area of each parcel is 3,138.75 square feet.
Project implementation will result in the closure of the two long drive approaches along
31St Street that currently serve the existing businesses and replacement with four
smaller drive approaches, one approach to serve each building. The new drive
approaches will require the relocation of one existing on- street parking space and
allows for the creation of one additional on- street parking space.
General Plan & Local Coastal Program Land Use Plan
The subject property has a General Plan Land Use designation of Retail & Service
Commercial, which primarily allows for retail sales and public serving office uses.
Residential use is permitted on the second floor above commercial uses provided that
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the total floor area of a mixed use project does not exceed a 1.25 floor area ratio (FAR).
The maximum allowable floor area is 3,923 square feet for this site. The proposed FAR
is 3,104 square feet or 0.99 (0.75 for the residential unit and 0.24 for the commercial
use). Therefore, the proposed project is consistent with this designation and maximum
intensity of use.
The new General Plan designates the site Mixed Use Horizontal (MU -H) and allows for
multi - family residential with clusters of mixed -use and /or commercial buildings. For
mixed -use structures, the ground floor shall be restricted to nonresidential uses along
the street frontage and the rear and upper floors may be used for residential use.
Additionally, the maximum FAR limitation has been increased to a ratio of 1.5 for mixed -
use developments. Should the new General Plan be approved at the November 2006
elections, the proposed project will remain compliant with this designation.
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 General Plan. Therefore, the proposed project-is
consistent with this coastal land use designation.
Zoning Code Development Regulations
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 following development regulations of the SR /SP-6
zoning regulations have been met based upon staff's review of the attached plans.
0
VININARIONEW
Setbacks
Front
5'
13'- Entry Porch
16' - 2nd Floor Deck
18'6" - Main Structure
Side
0
0
Rear (alley)
10'
12'6 Structure
0010MAK
Maximum Height
26' Midpoint/Flat Roof
31' Ride
31' Rid e
Maximum Floor Area Limit
Residential
0.75 2,354 s . ft.
0.75 2,354 s 9. ft.
Commercial
0.25 min — 0.50 max
784.5 — 1,569 s . ft.
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Total
1.25 3,923 s . ft.
0.99 3,104 s . ft.
Maximum Building Bulk
5,022 s . ft.
3,730.5 s . ft.
Landscaping
Exterior Parking Area
5 % of exterior parking
area
Not Applicable*
Front Setback Area
50%
50%
Parkin
Residential
2 per unit
2 per unit
Commercial
3 1 er 250 s . ft.
3
(1) subject to a modification permit
(2) subject to a use permit for increased height
(3) subject to a use permit for decreased commercial floor area
* The Cannery Village /McFadden Square Specific Plan requires that a minimum of
50 percent of the required front yard and 5 percent of the exterior paved parking
area be devoted to landscaping. The project provides 50 percent of landscaping
within the front yard setback area; however, no landscaping has been provided
within the rear parking area. In reviewing the 5% landscaping requirement for
exterior parking areas, staff believes this requirement was created to provide
shade trees and improve the aesthetics of larger open parking lots and not
designed to address development on these smaller 30 +/- foot wide lots. The
project provides 3 parking spaces and a required loading zone across the rear of
each lot, and a majority of the parking area is covered and enclosed by side walls
and the second floor level. Therefore, staff does not believe the proposed parking
at the rear of the project should be classified as an exterior parking area and
therefore it should not be subject to the requirement. However, to help enhance
the aesthetics of the rear parking area, staff would recommend a condition of
approval requiring the rear 5 -feet of each lot, between the parking area and the
alley, to be constructed with decorative hardscaping.
Cannery Vil/agelMcFadden Square Speciiric Area Plan
The Cannery Village Specific Plan is intended to provide an active pedestrian- oriented,
specialty retail area with a wide range of uses including retail, professional offices that
provide service directly to the public, residential uses on the second floor, and marine -
related light industrial uses. Each building will provide either a retail or office space with
a single - family residence on the upper floors.
The Specific Plan also has an architectural theme that is stated as follows:
"Cannery Villacie" Theme. A cannery theme is recommended for the Cannery
Village area. The cannery theme is reminiscent of the previous use of the area,
and can provide continuity throughout the area while preserving the variety and
individuality of uses that give the area its charm. The cannery theme should be
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expanded to include other nautical and marine elements as appropriate.
Elements of a cannery theme that may be applied to structures include:
a. Use of corrugated metal shed -type buildings or siding where appropriate,
with a higher level of finish than would normally be associated with such
structures.
b. Attractive expression of mechanical equipment and systems by
incorporation into the design of structures within the height limit.
C. Use of nautical devices in signs, architectural details and decoration, such
as heavy rope, pilings, timbers, brass fixtures, etc."
Although each building within the project consists of the same basic floor plan, the
exteriors of each building have been designed with different styles of architecture to
preserve and enhance the eclectic "variety and individuality of uses that give the area its
- charm ". The following four different types of siding will be utilized: French white washed
brick, natural oil cedar shingles, smooth troweled exterior plaster, and white batten
board. Additionally, the deck railings and ornamental moldings and trim of each building
will differ to complement the various architectural styles of each.building. However, to
provide "continuity" within the project and to remain consistent with the theme of other
newly constructed or approved mixed -use projects in the Cannery Village area, metal
standing seam roofs have been incorporated into the overall design. Additionally, each
entry stoop and facade will incorporate brick work for increased continuity within the
project.
Additionally, the applicant states that the mass of each building has been setback to
allow for expanded pedestrian views and additional gathering of commercial space. The
large store front windows will allow for greater display of retail products and services.
Also, a patio type effect is created due to the setback of the buildings from the street
allowing more room for pedestrian traffic, display of nautical theme sculptures /art and
bench type seating.
The purpose of the Specialty Retail land use designation, as identified in the Specific
Plan, is to establish a strong specialty retail core for the Cannery Village area by
encouraging mutually supportive business, establish a continuity of shopping and
pedestrian orientation, and provide a high level of pedestrian interest, comfort and
amenity. Staff feels that the street appearance or theme of the project is dominated by
its residential uses and may reduce the level of pedestrian interest, particularly with the
architectural emphasis on the residential entry ways as opposed to the commercial
store fronts (access to each commercial unit is through the side yards). However,
beyond the statement of purpose, the Cannery Village Specific Plan only provides
recommendations of architectural elements and themes and does not provide any type
of architectural design priority for the commercial uses over the residential use
permitted. Therefore, staff believes that the overall architectural theme of the proposed
project is reminiscent of the past use of the area and that the differing architectural style
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of each building will compliment the eclectic style of the Cannery Village and existing
buildings on 315t Street.
Floor Area
The project must comply with Chapter 20.63 that stipulates maximum floor area ratios
and building bulk. Commercial floor area is limited to a maximum of 0.5 FAR, and a
minimum 0.25 FAR is also required. Residential area is limited to 0.75 FAR. The project
consists of 0.75 FAR of residential and it only provides 0.24 FAR of commercial area.
Section 20.63.040(E) permits commercial floor areas less than 0.25 FAR with approval of
a use permit if the Planning Commission makes the following findings:
1. That the proposed commercial space constitutes a significant portion of the project
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 provide for the additional parking required, the applicant
decided against such a design and pursued this use permit request for the reduced
commercial FAR. Staff agrees with the applicant and believes the need to utilize
tandem commercial parking spaces to accommodate the additional 34.69 square feet
of commercial floor area is less desirable than the project as proposed, and feels that
the proposed 0.24 FAR would constitute a significant portion of the project as it is 32%
of the project.
2. That the proposed commercial space is large enough to accommodate a viable
business.
As previously mentioned, the proposed 750 square feet commercial units are only
34.69 square feet smaller than required with a 0.25 FAR. Staff believes 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 business out of commercial units
less than 750 square feet in area. Additionally, the Cannery Lofts development
provides several 745 square feet commercial units, which have proven the ability to
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operate viable businesses. Therefore, staff believes the proposed 750 square foot
commercial units are large enough to accommodate a viable business and the required
reduction in FAR is reasonable.
Building Bulk
Building bulk is defined as gross floor area including courtyards not open on at least two
sides, covered parking, and twice those areas that measure 18 feet from the finished floor
to average roof above. In the case of this project, the calculation of bulk includes the at-
grade covered parking area, mechanical room, elevator and stairs, and portions of the
second level ,that exceeds the 18 -foot standard. The maximum building bulk limit is the
gross floor area ratio of 1.25 plus 0.35 for mixed use projects (1.25 + 0.35 = 1.60). The
proposed building bulk for this project is 1.19 or 3,730.5 square feet.
Use Permit for Increased Height
The project as designed requires the approval of a Use Permit due to the height of the
proposed structure. 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. The project is
proposed to exceed the 26 -foot base height limit by having an average roof height of 29-
feet 3- inches, 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, which is
permitted by code. The use permit could allow the building to be constructed up to 35
feet, provided that the Planning Commission, in granting such use permit, can make the
findings contained within Section 20.43.050(H) of the Municipal Code.
1. 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.
The proposed project is located near the intersection of 31st Street and Newport
Boulevard and does not currently provide, nor impact, any physical or visual public
access to the bay. Therefore this finding is not applicable.
2. 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.
The proposed buildings have been significantly setback from 31" 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
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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 more 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.
Additionally, 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 increase height.
3. 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.
The project has concentrated the floor area of the project to the center of the lots to allow
for increased visual 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 compliment the marine environment, such as the metal
industrial type roofs, cedar shingles, board and batten siding, and the use of the radius
roof lines. As previously discussed, each building has a unique design theme and use of
materials which, not only compliments, but also contributes to the overall eclectic character
of the Cannery Village.
Additionally, without the increased building height, the third floor may not be possible, thus
resulting a two -story development with a much larger footprint. Less open space would be
provided and the loft style building would not be achieved.
4. 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.
There is 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.
Thirty First Street LLC (PA 2006 -031)
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The highest portions of the building mass has been concentrated away from the street
and alley frontages, towards to 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 31st 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.
Additionally, it should be noted that 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. The increase in height shall not result in floor area exceeding the floor area
otherwise permitted.
As previously mentioned, the proposed floor area ratio is 0.99, which is below the
maximum of 1.25 FAR; therefore the project does not achieve any additional floor area
due to the additional height.
6. The maximum height in all districts shat/ be measured in accordance with the
definitions contained in Section 20.65.030.
The height of the proposed structure has been measured in accordance with Section
20.65.030.
General Use Permit Findings
In addition to the required findings for the increased height request, the Zoning Code
requires the Planning Commission to make certain findings for use permits. These
findings are listed and discussed below.
1. That the proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
As previously mentioned, the Cannery Village Specific Plan is intended to provide an
active pedestrian- oriented, specialty retail area with a wide range of uses including
retail, professional offices that provide service directly to the public, residential uses on
)Z
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the second floor, and marine - related light industrial uses. The project proposes four new
buildings; each building will provide either a retail or office space with a single- family
residence on the upper floors.
2. That the proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General Plan
and the purpose of the district in which the site is located, 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.
Mixed -used developments with commercial or office uses on the first floor and
residential units above are permitted uses within the Retail & Service Commercial
General Plan land use designation as well as the Specialty Retail land use designation
of the Cannery Village Specific Plan Zoning District. 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. Additionally, the use permit
request for the decrease in commercial floor area below the 0.24 FAR will remain
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.
3. That the proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it would be
located.
The Municipal Code does not provide any specific conditions for this type of use; however,
the project has been reviewed and conditioned to ensure that conflicts with surrounding
land uses are minimized to the greatest extent possible or eliminated.
Modification Permit- Parking Encroachments
Each of the four sites has been designed with parking encroaching within the front and
rear setbacks. Specifically, 5 -feet into the 10 -foot alley setback with two commercial
parking spaces and one residential tandem parking space, and five -feet into the front 5-
foot setback with one handicapped commercial parking space. The Planning
Commission may approve the request for a Modification Permit to allow the
encroachment of parking spaces into the setbacks, subject to the following findings
contained within Section 20.93.030 of the Municipal Code:
1. The granting of the application is necessary due to practical difficulties
associated with the property and that the strict application of the Zoning Code
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results in physical hardships that are inconsistent with the purpose and intent of
the Zoning Code.
Staff is having difficulty with the providing a recommendation in regards to this particular
finding and is requesting the Commission to provide input and guidance. To make this
finding, it must be shown that the property has some practical difficulty or constraint that
when combined with strict application of the 10 -foot alley setback, 5 -foot front setback,
and minimum parking requirements creates a physical hardship that is inconsistent with
the code. Therefore, two determinations must be made. First, whether or not there is an
actual practical difficulty associated with the property (unlike a variance, which requires
there to be a special circumstance applicable to this property that deprives it of
privileges enjoyed by other properties in the vicinity). Once it is determined that there is
a practical difficulty, then it must be determined that in combination with strict
application of those code requirements, a physical hardship would result that is
inconsistent with the Cannery Village Specific Plan.
Practical Difficulty— Lot Size?
The proposed lots are flat and are not irregular in shape. Additionally, the proposed lot
size (33.75' x 93') meets the minimum lot size requirements of the code and is
comparable to the standard 30' x 93' lots in the vicinity. Therefore, one could argue that
there is no practical difficulty associated with the property and this finding can not be
made, no further analysis is needed and the modification permit must be denied.
However, one could also argue that even though the proposed lots do meet the
minimum lot size requirements, the lots are still in fact small, therefore creating a
practical difficulty in accommodating the viable commercial and residential development
anticipated by the General Plan and permitted by zoning, while providing necessary
parking.
Physical Hardship — Less Viable Commercial Space?
If one considers the small lot sizes to be a practical difficulty, then one must analyze
whether or not in combination with strict application of the code, a physical hardship
would be created that is inconsistent with the code.
Staff believes there is a fair argument to say that these smaller lot sizes do create a
practical difficulty in accommodating the number of code required parking spaces. Many
of the existing developments in the Cannery Village area are non-conforming in regards
to the number of parking spaces provided, several of which do not provide any off - street
parking at all. It is staff's belief that the current parking standards has led to a reluctance
in the property owners 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, and in some cases, less than the minimum commercial
floor area limitation. Recently developed mixed -use projects, such as the Cannery Lofts
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and the adjacent Monarch Building, have sought similar modification requests in order
to design a successful project.
However, some projects have managed to design a conforming project in regards to
setbacks for parking and staff has identified methods in which this project can be
redesigned to conform to the setback requirements. One such method to bring the rear
parking into conformance, attached as Exhibit 1, is moving the residential garage space
and adjacent restroom and elevator 5 -feet into the commercial space allowing all the
rear parking spaces to be relocated out of the alley setback. The lost commercial space
can then be recaptured along the side of the unit to create a slightly wider commercial
space, but will still maintain a 6 -foot setback and preserve the breezeways through the
project. However, this new commercial space configuration would then result in an "L"
shape type floor plan, which may be less viable or useful. The applicant has provided a
sketch illustrating the proposed project with compliant parking and providing the 10 -foot
breezeway (attached as Exhibit 2); however, the resulting commercial floor area is
approximately only 530 square feet or a 0.17 FAR.
One could argue that the code compliant parking configuration results in a commercial
space configuration that is less viable for a successful business, which in turn is
inconsistent with the purpose of the Cannery Village Specific Plan and goal of the
Specialty Retail designation to create a successful pedestrian retail oriented
environment. The applicant states that they have designed the commercial spaces with
natural lighting and ventilation as key features. Additionally, the 10 -foot commercial
space side yard setback allows the use of the roll up doors; however, if the commercial
space is setback between 5 and 10 -feet, the building code would prohibit any openings
and would require any windows to be non - openable and fire resistant. Without
openings, the applicant's ability to take advantage of the openness of the breezeway
and receive ventilation would be eliminated. The applicant acknowledges that the
alternative designed proposed by staff is feasible, it results in a narrow, less desirable
"L" shaped commercial space, and believe that is inconsistent with the purpose of the
Specific Plan and that the success of the commercial space in the Cannery Village is
based upon an open floor plan that entices pedestrian traffic flow, as well as enhanced
ventilation amongst the narrow lots.
Additional alternatives include the use of tandem commercial parking spaces to free up
room within the lots, similar to other approved mixed -use projects; however, staff
believes commercial tandem parking should be avoided, if possible, due to the difficulty
in ensuring the spaces will efficiently be utilized, and staff believes the encroachments
are a more desirable design solution since adequate maneuverability at the alley will be
provided with the proposed 5 -foot setback. Another alternative would be to simply widen
the commercial space from side property line to side property line, freeing up a large
area of the lot to accommodate the parking and provide for a more rectangular and
viable commercial space. However, this option would eliminate the ability of the
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applicant to utilize natural light and ventilation as a key feature of the breezeways and
would require a comprehensive redesign.
It should be noted that the similar parking space encroachments granted to the Cannery
Lofts and Monarch Building were approved under the previous modification permit
findings that were more forgiving, especially since there was no finding in regards to a
"practical difficulty" that needs to exist with the property. The previous findings only
asked whether or not the project as proposed was a `logical' use of the property and
that there was no detrimental impact to the neighborhood. Although the proposed
project certainty exhibits a logical use of the property, this justification applied to the
approval of those previous projects no longer applies and can not be made for the
approval of this project.
Staff believes there is merit in attributing the small size of the lot as a practical difficulty
when trying to accommodate the required parking. Staff also recognizes that this
modification request is also driven by choice in design and there are other opportunities
that exist to redesign the project into conformance with the code. However, what
remains to be determined is whether or not a redesign of the commercial space would
create a less viable or possibly a less successful commercial space that would be
inconsistent with the purpose of the Cannery Village Specific Plan and its purpose to
provide an active pedestrian - oriented, specialty retail area
2. The requested modification will be compatible with the existing development in
the neighborhood
As previously mentioned, several recently constructed and approved mixed -use projects
in the Cannery Village were granted similar modifications. The Cannery Lofts is
comprised of 22 buildings, each with 1 space that encroaches 5 -feet into the required
10 -foot alley setback and one handicapped accessible space that encroaches 5 -feet
into the front 5 -foot setback. The Monarch Building located across the alley from the
subject site consists of large commercial space on the first floor and 4 residential units
above, and encroaches 2 '/z -feet into the 10 -foot alley setback with a total of 16 parking
spaces. Additionally, 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.
The proposed 5 -foot encroachment 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. Additionally, the proposed 5 -foot alley setback is
comparable to the standard 5 -foot alley setback required for residential properties
adjacent to alleys of 15 -feet or less in width. Therefore staff believes the proposed
encroachments can be found compatible with the existing development in the
neighborhood.
!
Thirty First Street LLC (PA 2006 -031)
November 2, 2006
Page 15 of 19
3. 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.
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. Additionally, 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.
The existing garage for the retail structure currently encroaches to the alley 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. Additionally, 20 -feet is typically the minimum
alley width accepted for adequate backup and turnaround. Therefore, staff believes this
finding can be made and the project as proposed will not prove detrimental to the
neighborhood.
Lot Line Adjustment (Title 19 of the Municipal Code)
In accordance with Title 19 (Subdivision Code), approval of a Lot Line Adjustment is
required for minor boundary adjustments between two or more adjacent lots. The
Planning Commission must make the following findings in approving the tentative parcel
map:
The project site described in the proposal consists of legal building sites;
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. Any land taken from one parcel will be added to an adjacent parcel and no
additional parcels will result from the lot line adjustment,•
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. 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, densily, or intensity on the property;
F�
Thirty First Street LLC (PA 2006 -031)
November 2, 2006
Page 16 of 19
The proposed parcels comply with all applicable zoning regulations, including minimum
lot size, and will maintain the current General Plan and Specific Plan land use
designations of Retail & Service Commercial with a maximum FAR limitation of 1.25 for
mixed -use developments.
4. The lot line adjustment, in and of itself, will not result in the need for
additional improvements and /or facilities.
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.
Building Department Concerns
The Building Department has cited several concerns and issue related to Building Code
compliance. The applicant has worked with the Building Department to resolve many of
these issues; however, several issues still exist. These issues relate to accessible path
of travel, separation requirements, and exiting requirements. Conditions of approval will
be placed on the project to ensure the applicant will work with the Building Department to
resolve these code issues prior to the issuance of building permits. Correction of these
issues should not have a significant effect on the appearance of the project and should not
change the facts in support of the findings made to support the use permit request, should
the Commission choose to approve the request.
Street Improvements
The site has direct vehicular access from the existing alley located along the north side
of the property. The project is designed so that each building will access the residential
parking spaces and two commercial spaces from this alley. The applicant is also
proposing for each building to have one handicapped parking space accessible off 31st
Street. This requires the closure of the existing long driveway approaches and the
construction of 4 smaller driveway approaches. The four curb cuts required for the
proposed driveways would require City Council approval at a later date. The design of
the new driveway approach would result in the relocation of one on- street parking space
and the creation of one additional on- street parking space. Staff will include a condition
requiring the applicant to install the parking meter posts and parking T's for the
new /relocated parking spaces. Additionally, a number of conditions will be included
insuring the new sidewalk and drive approaches meet City Standards and ADA
requirements. All utilities are required to be separated and underground for each
building and the Fire Department has conditioned the project to provide a new fire
hydrant. Although not anticipated, should the Council decide to deny the applicants
Ef
Thirty First Street LLC (PA 2006 -031)
November 2, 2006
Page 17 of 19
request to modify the drive
approaches in
the right -of -way, this
project will not be
feasible and thus require
redesign and
probable new review
by the Planning
Commission.
Potential Land Use Conflict
Although the proposed mixed -use project is a permitted right with the Cannery Village
Specific Plan area, it is apparent that land use conflicts are occurring between
established commercial uses (primarily restaurants) and the newly constructed
residential units that may be located nearby to such uses. An example of this issue has
been recently illustrated by the residents of the Cannery Lofts project and their vocal
opposition the Sober Living by the Sea meeting facility off Villa Way and 29th Street, as
well as the complaints about the Newport Beach Brewing Company.
It is important to note this issue as the proposed project is located across the alley from
Rudy's Pub and Grill, an established eating and drinking establishment that has recently
completed a substantial renovation. The residential unit proposed to be located at 407
31St Street, adjacent to the alley and Rudy's, will be the most impacted by any noise or
disturbances from patrons arriving to or leaving from Rudy's. An 8 -foot high block wall is
proposed to help buffer activity from the alley and Rudy's, however, the wall effectively
only shelters the commercial space and rear parking area from such activities. The
residential unit located above will definitely see and hear all activity coming from Rudy's
or the alley. Particularly, the living area on the 2nd floor and the master bedroom on the
third floor are proposed to have large windows and decks that will open to the alley.
Rudy's has operated in accordance with their use permit and have not created any
serious disturbances or detrimental impacts to the neighborhood to date, however,
some residents may have a differing opinion. Therefore, in order to insure that future
purchasers of the residential units are made aware of the operational characteristics of
Rudy's and other nearby uses such as the Newport Club, staff would like to include a
condition of approval requiring a real estate disclosure to be recorded on the properties
informing the potential buyers that the residential units are located in a commercial
district and may be subject to nuisances. Additionally, to help protect the residential
units from exterior noise disturbances, a condition of approval requiring the project to
use sound insulating doors and double pane windows with a Sound Transmission Class
(STC) rating of 35 or greater should be applied to the project. The STC is a single -
number rating of a material's or assembly's ability to resist airborne sound transfer; in
general, a higher STC rating blocks more noise from transmitting through a partition
(Single pane glass windows typically have a STC rating of 25 -28, while dual pane
windows typically provide a STC rating of 28 -36).
An alternative design solution that may better shield the proposed residential unit at 407
31$t Street from the activity and possible disturbances from Rudy's could be to reverse
the floor plan of the building so that the living areas, decks, and bedrooms discussed
Thirty First Street LLC (PA 2006 -031)
November 2, 2006
Page 18 of 19
above would face an adjacent residential unit within the project (similar to the current
configuration of the 409 31St Street unit) rather than facing Rudy's parking lot. Without
the large window openings and decks facing Rudy's, many of the noise concerns might
be significantly reduced. However, this will require redesigning the site plan and would
result in a large flat fagade with a majority of the mass located on the property line
adjacent to the alley. Many of the design features and architectural treatment that
enhances the aesthetics of the structures and increases the visual open space will face
internally, rather than towards more public uses. Additionally, that particular unit will lose
the benefit of natural ventilation and cooling as a result of the onshore winds. Although
staff does not believe this is a necessary design change, the Commission may want to
consider this option should the proposed conditions not be adequate.
Environmental Review
The proposed project has been reviewed, and it has been determined that it is
categorically exempt from the requirements of the California Environmental Quality Act
under Class 32 (In -Fill Development Projects). This exemption applies to projects that
are consistent with the General Plan and applicable development standards that do not
generate other environmental impacts. Staff believes the project qualifies for this
exemption.
Public Notice
The public notice for this item omitted the applicant's request for parking space
encroachments into the front setback, and therefore is considered an inadequate notice
and the Commission can not take action on this item. Staff will revised the notice for
this hearing for the November 16th agenda and ensure that notice will be published in
the Daily Pilot, mailed to property owners within 300 feet of the property and posted at
the site a minimum of 10 days in advance of this hearing consistent with the Municipal
Code. Additionally, the item will appear upon the agenda for the meeting, which is
posted at City Hall and on the city website.
Summary
Staff believes sufficient facts to support the affirmative findings for the requested
increase in height and reduction of commercial area are evident given the size and
location of the lot and the design of the project. The applicant has presented an
attractive building design that meets the Cannery Village theme using a variety of
architectural elements and compliments the surrounding properties by providing
attractive details and visual relief on all sides of the building. However, staff questions
whether or not sufficient facts exist to support the modification permit request. Staff
would like the Commission's consideration on this item and would appreciate any
comments or suggestions related to the issue. If the Commission feels that the
justification for the modification requests is adequate, and affirms the findings for the
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Thirty First Street LLC (PA 2006 -031)
November 2, 2006
Page 19 of 19
use permit, staff will renotice the item for the November 16 agenda and will return with a
draft resolution of approval. If the Commission does not believe the justifications are
adequate or suggest significant design changes, staff will remove the item from
calendar to allow for redesign of the project.
Prepared by:
J i e Murillo, Associate
Exhibits
1. Alternative Floor Plan (Staff)
2. Alternative Floor Plan (Applicant)
2. Project Plans
Submitted by:
.4A[rd��
ntricia L. Temple, I ning` director
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Alternative Floor Plan (Staff)
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