HomeMy WebLinkAboutOrchid Plaza (PA2005-098) 3600 E Coast HwyCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
June 23, 2005
TO: PLANNING COMMISSION
FROM: Rosalinh Ung, Associate Planner
ru np(acity. newoort- beach. ca. us
(949) 644 -3208
SUBJECT: Orchid Plaza
Use Permit No. 2005 -021
3600 E. Coast Highway
(PA 2005 -098)
APPLICANT: Steven Fischer
REQUEST
The applicant requests approval of a Use Permit for a waiver of 4 off - street parking
spaces for the development of a two -story 3,250 square -foot commercial building.
Staff recommends that the Planning Commission deny Use Permit No. 2005 -021. A
draft resolution has been prepared for this recommendation.
The Planning Commission has the following additional options for the application:
1. Approve the Use Permit should one of the required findings be met.
2. Continue this item to allow the applicant an opportunity to develop alternative project
that provides the minimum off - street parking required.
DISCUSSION
Background
On November 19, 2004, the Planning Director denied the applicant's request to
construct a commercial development at the subject property that exceeds the maximum
building bulk allowance. With the exception of building bulk issue, the proposed project
met all the development standards including the required off- street parking.
Orchid Plaza
June 23, 2005
Page 3
On January 6, 2005, the Planning Commission considered and denied the appeal made
by the applicant and upheld the Planning Director's decision. The applicant was
instructed to work with staff to design a new project that has commercial floor area at
ground level so it would be more consistent with the Corona del Mar village plan which
emphasizes pedestrian- oriented commercial developments and a smaller structure that
would be more compatible with existing surrounding properties.
Site /Project Overview
The subject property is an irregular, rectangular- shaped lot and is located at the
northeast comer of Orchid Avenue and Coast Highway in Corona del Mar. The site is
bounded on the west and south by streets. The Corona del Mar Post Office, a one -story
building, abuts the project site to the north. Residential properties are further to the
north and the single -story retail building is located to the east.
The applicant proposes to construct a new 3,250 square -foot, two -story commercial
building with 2,656 square feet of commercial space on the first floor and 594 square
feet of office area located on the second floor. The new building will be located on the
easterly half of the property with a 9 -space parking lot located near the comer. The
proposed project has no access onto Pacific Coast Highway and retains a single
vehicular access at Orchid Avenue.
The building is designed to be located adjacent to the neighboring building to allow for a
continuity of the massing, instead of a stand alone building. The second floor element
has been purposely setback from the edges of the structure to allow for the exterior
walls to be one story in height, thus minimizing the mass and bulk for all of the
surrounding neighbors. The upper floor will be utilized as office space while retail space
will be allowed on the first floor. All mechanical equipment is fully screened with the
building elements. The applicant believes the detailing of the building will be crisp and
luxurious, key elements in attracting the high end retail tenants that are compatible with
the surrounding uses.
Analysis
General Plan
The property is designated Retail & Service Commercial by the General Plan Land Use
Element and has a zoning designation of RSC (Retail and Service Commercial). The
subject property is within the 32/50 Height Limitation Zone established in the Zoning
Code and has no setback requirements as the property is abutting RSC properties. With
the exception of the parking waiver, all development regulations of the RSC zone
appear to have been met based upon staffs review of the attached plans.
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Orchid Plaza
June 23, 2005
Page 4
Use Permit for Parking Waiver
The proposed commercial development requires a total of 13 parking spaces (one parking
per each 250 square feet of gross floor area). The applicant proposes to provide a total of
9 off - street parking spaces. In order to grant a parking waiver, Section 20.66.100 requires
that one or more of the following conditions be met:
1. "A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the site or sites."
The applicant believes that this finding can be made as it is the applicant's assumption that
street parking along Coast Highway should qualify as municipal parking facility. The
proposed site design will result in the removal of two existing driveways along the north
side of Pack Coast Highway which in turn will create 4 new on- street parking spaces
adjacent to the subject property. The proximity of these parking spaces and other existing
on- street spaces along Coast Highway will serve the needs of the proposed project, in the
applicant's opinion.
Staff acknowledges that the City does own Coast Highway and the parking spaces located
along the highway belong to the City. Until now when making this finding, only off - street
municipal parking lots have been considered and street spaces have never been
considered "municipal parking facilities ". The closest municipal parking lot is located at
Coast Highway and Marguerite Avenue which is approximately 4 blocks from the subject
site and it is located on the south side of the street. This municipal parking lot is not
located in close proximity of the site to be useful in connection with the subject property.
Staff therefore believes that this finding could not be made.
If newly created street spaces as proposed by this application are used to justify a
reduction in off - street spaces, it would set precedent and thereby would cause a great
concern to staff, as any project in the future having street parking could request, through
a parking waiver, not to provide the required off - street parking.
2. "The site is subject to two or more uses and the maximum parking requirements for
such uses do not occur simultaneously."
The site is designed for retail commercial uses whereby the business operating hours for
all of the tenants will likely occur at the same time. Because there will be no staggered
hours of operation, staff believes that this finding cannot be made.
3. "A parking management plan for the site has been approved by the Planning
Commission..."
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Orchid Plaza
June 23, 2005
Page 5
A parking management plan has not been prepared for the site given the limited number of
tenants that will occupy the building and similarity of their hours of operation.
4. 'The Planning Commission makes the following findings: a) The parking demand
will be less than the requirement in Section 20.66.030. b) The probable long -term
occupancy of the building or structure, based on its design, will not generate additional
parking demand.
Staff has no reason to believe that the parking demand will be less than required
especially since no specific uses have been identified. Therefore, staff sees no factual
basis to make this finding.
Parking Lot Design
The Traffic Engineer provided staff with a list of comments/concerns associated with the
proposed project. Because of these concerns, the Traffic Engineer is recommending that
the parking area be redesigned or the project should be denied. According to the Traffic
Engineer, commercial parking lots typically are designed requiring vehicles to make only
one backing maneuver while exiting a parking space. Parking stalls labeled 6, 7, and 8
require vehicles exiting the stalls to make multiple backing maneuvers thereby creating
unsafe and inconvenient vehicle maneuvering conditions. With regard to the increase
parking along Coast Highway, the Traffic Engineer believes these spaces would be
considered public parking and no exclusive use of these spaces could be guaranteed or
would be permitted. Due to the heavy use of on- street parking in this area, a waiver of 30
percent of the required off - street parking is not desirable.
Environmental Review
Staff believes that the project qualifies for a Class 3 categorical exemption from the
California Environmental Quality Act, which permits the limited number of new
structures. In urbanized areas, up to 4 buildings with up to 10,000 square feet would
qualify provided that the site is not environmentally sensitive. The total floor area is well
below this threshold. The site is vacant and no environmental resources are known to
exist at the site. The former use of the site was a gasoline service station and the
applicant is required to obtain clearance from the Orange County Health Care Agency
for the proposed project.
Public Notice
Notice of this hearing was 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 appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
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Orchid Plaza
June 23, 2005
Page 6
Summary
Staff believes that none of the findings for approval of a parking waiver can be made.
The project highlights the fact that it is difficult to comply with all development standards
and achieve the maximum floor area allowable. As noted previously, the only way to
make one of the findings is to find that the newly created street spaces are part of a
useful municipal parking facility.
Staff is concerned about the precedent that would be perceived by the development
community. If newly created street spaces are used to justify a reduction in off - street
spaces, it will not be long before existing spaces would be requested to satisfy off - street
parking requirements through a waiver request as street parking will now be determined
to be part of a municipal parking facility.
Notwithstanding staffs reservation, the Planning Commission could determine that on-
street parking spaces are an acceptable "municipal parking facility" pursuant to the
Zoning Code and, therefore, make finding number 1 for a parking waiver. Staff has
prepared a resolution and conditions of approval for consideration.
Prepared by:
R salinh M. Un , A ociate Planner
Exhibits:
Submitted by:
Pali "'4L
Patricia L. Temple /Planning Director
1. Resolution No. 2005 -_; for project denial
2. Resolution No. 2005 - ; for project approval
3. Letter from the applicant
4. Plans
0
EXHIBIT 1
DRAFT RESOLUTION FOR DENIAL
m
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH DENYING USE PERMIT NO. 2005 -021 FOR
PROPERTY LOCATED AT 3600 E. COAST HIGHWAY (PA2005 -098)
WHEREAS, an application was filed by Steven Fischer, with respect to property
located at 3600 E. Coast Highway, and legally described as portions of Lots 1, 2, 3, Block
V of Tract 323, requesting an approval of a Use Permit for a waiver of 4 off - street parking
spaces for the development of a two -story 3,250 square -foot commercial building.
WHEREAS, a public hearing was held on June 23, 2005, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the aforesaid meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting.
WHEREAS, the General Plan Land Use designation for the property is Retail &
Service Commercial, and the lot is zoned Retail Service Commercial.
WHEREAS, the Planning Commission finds that the requested waiver of 4 on -site
parking spaces does not meet one or more conditions stated in Section 20.66.100 of the
Municipal Code.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby
denies Use Permit No. 2005- 021(PA- 2005 -098).
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 in
accordance with the provision of Title 20, Planning and Zoning, of the Newport Beach
Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF JUNE 2005.
AYES:
NOES:
In
Larry Tucker, Chairman
BY:
Jeffrey Cole, Secretary
It)
EXHIBIT 2
DRAFT RESOLUTION FOR APPROVAL
11
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. 2005 -021 FOR
PROPERTY LOCATED AT 3600 E. COAST HIGHWAY (PA2005 -098)
WHEREAS, an application was filed by Steven Fischer, with respect to property
located at 3600 E. Coast Highway, and legally described as portions of Lots 1, 2, 3, Block
V of Tract 323, requesting an approval of a Use Permit for a waiver of 4 off - street parking
spaces for the development of a two -story 3,250 square -foot commercial building.
WHEREAS, a public hearing was held on June 23, 2005, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the aforesaid meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting.
WHEREAS, the General Plan Land Use designation for the property is Retail &
Service Commercial, and the lot is zoned Retail Service Commercial.
WHEREAS, the Planning Commission finds that the proposed site design for the
new commercial building will result in the removal of two existing driveways along the
north side of Coast Highway which in turn will create 4 new on- street parking spaces
adjacent to the subject property. These spaces are qualified as municipal parking facility
located in close proximity of the site which will to be useful in connection with the subject
property.
WHEREAS, the project is categorically exempt under the requirements of the
California Environmental Quality Act under Class 3 (New Construction or Conversion of
Small Structures) which permits the limited number of new structures. In urbanized
areas, up to 4 buildings with up to 10,000 square feet would qualify provided that the
site is not environmentally sensitive. The total floor area is well below this threshold.
The site is vacant and no environmental resources are known to exist at the site.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby
approves Use Permit No. 2005- 021(PA- 2005 -098), subject to the Conditions of Approval
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 in
accordance with the provision of Title 20, Planning and Zoning, of the Newport Beach
Municipal Code.
l2
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 5
PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF JUNE 2005.
BY:
Larry Tucker, Chairman
M
Jeffrey Cole, Secretary
AYES:
NOES:
I1.
City of Newport Beach
Planning Commission Resolution No. _
Paqe 3 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2005 -021
1. The development shall be in substantial conformance with the approved plans
dated June 7, 2005, except as noted in the following conditions.
2. Development shall be in substantial conformance with the approved site plan,
floor plan and elevations.
3. A total of 9 on -site parking spaces shall be provided and maintained for the
commercial development at all time.
4. Parking stalls labeled 6, 7, & 8 shall be redesigned to provide adequate turning
movement to the satisfaction of the City Traffic Engineer.
6. All deliveries/trash pickup shall be handled on -site. Trash pickup and large truck
deliveries shall be scheduled outside of normal business hours to minimize
conflict with vehicles parked on -site.
7. The ADA parking stall depth shall be a minimum of 18 feet. On -site sidewalks
shall be widened to provide a 2' -6" overhang for parked vehicles. This
requirement will eliminate the encroachment of parked vehicle onto sidewalks.
8. The driveway approach shall be a minimum of 24 feet wide. The applicant shall
work with Public Works Department to accommodate a modified driveway
approach.
9. The applicant shall replace red curb removed due to the construction unless
otherwise directed by the Public Works Department. The applicant shall install
red curb and on- street parking tees as directed by the Public Works Department.
10 Prior to issuance of building permits, the site plan and construction drawings
shall be revised and reviewed and approved by Public Works/Traffic Engineering
is required.
11. Prior to issuance of the building permit, area calculations of the overall building
square footage and site area shall be verified. The total retail tenant space shall
be limited to a maximum of 3,250 square feet of gross floor area as defined in
Chapter 20.63 of the Municipal Code.
12. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code.
Iq
City of Newport Beach
Planning Commission Resolution No. _
Paae 4 of 5
13. This Use Permit may be modified or revoked by the Planning Commission or City
Council upon a determination that the operation or conditions under which it is
being operated or maintained is detrimental to the health, welfare or injurious to
property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
14. This approval shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.93.055 of the Newport Beach Municipal Code,
unless an extension is approved prior to the expiration date of this approval, in
accordance with Section 20.93.055 (B) of the Newport Beach Municipal Code.
15. Prior to issuance of the building permit, the applicant shall provide to the Planning
Department proper proof of site clearance from the County of Orange Health Care
Agency for the project.
16. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
17. Prior to issuance of the building permit, the applicant shall submit detailed on -site
drainage plans. Said plans shall comply with the City's on -site non -storm runoff
retention requirements.
18. All proposed building foundation, footings, and exterior doors (when fully opened)
shall be within the limits of the site property lines.
19. Should the applicant desire to obtain building permit prior to completion of the
public improvements, the applicant shall provide the City through the Public Works
Department with either a refundable deposit or Materials/Labor /Performance bonds
to guarantee satisfactory completion of the required public improvements.
20. New street trees shall be planted along Orchid Avenue and Coast Highway. The
applicant shall refer to the City General Services Department List of Approved
Trees for the acceptable species and sizes.
21. Orchid Avenue and Coast Highway parkways shall be landscaped per City
requirements.
22. The existing concrete driveway approaches along Coast Highway and that portion
of the existing driveway approach along Orchid Avenue that will not be utilized by
the new development shall be removed and reconstructed with a concrete driveway
"plug" per City Standards. Variable height concrete curbs are required.
23. New full width concrete sidewalks shall be constructed along the length of the
Orchid Avenue and Coast Highway frontages.
............._.
City of Newport Beach
Planning Commission Resolution No. _
Page 5 of 5
24. An ADA compliant curb access ramp shall be constructed at the Orchid
Avenue /Coast Highway intersection curb return. Select sections of the existing
concrete cross gutter adjoining said curb return may need to be reconstructed.
25. The Orchid Avenue and Coast Highway roadway pavements fronting this
development are on the City s street -cut moratorium list. Any damage done to said
pavements by this development will require extensive pavement repair work.
Details of such repair work may be obtained from the Public Works Department.
26. A City encroachment permit shall be required for all work with the City public right -
of -way.
27. A construction traffic control plan shall be submitted and approved by the City prior
to the issuance of the encroachment permit. The Orchid Avenue roadway shall be
maintained for two -way traffic at all times. Said plan shall be wet sealed, signed,
and dated by a California Registered Traffic Engineer.
28. The second floor of the new building shall be limited to office use due to the
provision of one exit.
29. Automatic fire sprinkler system for the new building is recommended.
1�
EXHIBIT 3
LETTER FROM THE APPLICANT
,t1
Kelsker
VUggL
Architects=
April 20, 2005
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 Newport Boulevard
Newport Beach, CA 92658
RE: Parking Waiver Request
Orchid Plaza, 3600 East Pacific Coast Highway
Corona del Mar, CA
PROJECT DESCRIPTION AND JUSTIFICATION
The proposed project consists of a two -story retail building with associated on-
grade open parking. The two existing driveway aprons along PCH are going to
be removed, which will allow up to five new parking spaces to be added in the
street.
This lot is unique to the local area in that it has no connection to the alley system
that runs parallel to Pacific Coast Highway, That hardship does not allow the
development of this lot the same as the neighboring lots who have parking at
the rear with the ingress and egress through the alley. Based on that difference,
we are requesting a Use Permit for the Waiver of Off street Parking Requirements
per Section 20,66, 100 of the Municipal Code.
The condition that allows this request is Number 1 from Section 20,66.100A which
states:
A municipal parking facility is so located as to be useful in connection with
the proposed use or uses on the site or sites.
The City owns Pacific Coast Highway, which qualifies as muncipal owned. We
are creating the four new spaces that we are requesting a waiver for, so the net
impact on the existing parking will be zero. While it Is understood that these
spaces are not "reserved" for this project alone, the proximity of these spaces
and other existing on street spaces will serve the needs of this project,
With the exception or the request noted above, the design conforms to the FAR,
the setbacks and the height restrictions of the lot. The design respects the scale
of the development along PCH and steps the second floor substantially back
from the front wall. The project as presented offers a well crafted design, quality
materials and finishes, and will be an asset to the surrounding area. We
respectfully request the approval of the Use Permit,
26961 Camino de Estrella, Suite 200. Capistrano Beach, CA 92624 P. 949/388 -1250, F. 949/388 -2760
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