HomeMy WebLinkAboutThe Leo Gagasian Center (PA2003-174)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item: 3
January 8, 2004
TO: Planning Commission
FROM: James Campbell, Senior Planner
(949)644 -3210
icampbel ((&-city. newport- beach. ca. u s
SUBJECT: The Leo Gugasian Center (PA2003 -174)
Development Plan No. 2003 -002 & Use Permit No. 2003 -026
900 -1040 W. Coast Highway
APPLICANT: Leo Gugasian
1100 W. Coast Highway
Newport Beach, CA 92663
INTRODUCTION:
This project was continued from October 23, 2003 at the request of the applicant in
order to explore project alternatives. The applicant has amended the project by
eliminating Building No. 3 from the plan. The existing commercial structures in that area
are now to be retained. The amended site plan is attached as Exhibit No. 1. The
remainder of the project has not significantly changed from that previously described in
the October 23, 2003 staff report (Exhibit No. 4). However, the new parking lot will have
79 spaces as opposed to 84. The applicant indicates that the merger of the two
adjacent properties that comprise. the project site is not possible at this time, and
therefore, the shared parking lot will necessitate an off -site parking agreement. Due to
the fact that the proposed floor area of western lot exceeds 0.5 FAR and the fact that
the lots are not being combined at this time, the applicant requests a Use Permit to
allow the development to exceed the base 0.5 FAR. The analysis within this report has
been refocused from the previous report by evaluating the site as two lots as opposed
to one single lot. The following table provides revised project statistics:
Existing GFA:
12,842
16,199
Area to be demolished:
12,842
0
Area new construction:
17,800
0
Proposed GFA:
17,800
16,199
Lot Area:
33,623
37,152
FAR:
0.529
0.435
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January 8, 2004
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ISSUES:
Gross Floor Area
The existing gross floor area of development of the eastern lot is below the 0.5FAR
limit. As noted, the applicant plans no construction or demolition of buildings on this lot.
The FAR for the western lot is proposed to exceed the base 0.5FAR limit by
approximately 997 square feet or 6 %. The Zoning Code provides the ability to issue a
Use Permit to allow the gross floor area to exceed the 0.5FAR limit up to the maximum
0.75FAR limit set by the General Plan provided that specific findings can be made.
Those findings are:
a. That the mix of existing and approved development within the statistical area in
which the project is proposed does not exceed the base development allocation
established for that statistical area.
The property is located within Statistical Area H4 called Mariner's Mile. This area abuts
Coast Highway from the Arches Bridge to Dover Drive and includes the Mariner's Mile
Specific Area Plan, commercial properties along the north side of the highway,
Bayshores and the Balboa Bay Club. The commercial portions of this area have
restaurants, retail and office uses, automotive uses, marine uses and underdeveloped
properties. The base development allocation is 0.5FAR. Staff tabulated the total gross
floor area developed within the Statistical Area H4 and found that approximately
548,000 gross square feet presently exists. This total area is developed upon
approximately 2,173,100 square feet of commercially designated land resulting in a
0.252 FAR. Therefore, this finding can be made.
b. That the statistical area in which the project is proposed does not contain any
undeveloped or underdeveloped properties of sufficient size which, if developed
within the land use intensities established by the Land Use Element of the
General Plan, would cause the base development allocation for that statistical
area to be exceeded.
The statistical area does have three significant underdeveloped sites and several small
vacant lots devoted to restaurant parking. The first site is the vacant lot directly to the
west of Sterling BMW. The second is the Ardell property abutting the bay that is
developed with a vacant restaurant. The third site is also owned by Ardell but is located
on the inland side of the Coast Highway presently used for boat sales and storage.
These three sites could yield approximately 196,000 square feet of development at a
0.5FAR. This potential area when added to the applicant's request for 997 square feet
would theoretically create 197,000 square feet of development. If these projects were
developed, a total of 745,000 square feet of development would theoretically exist within
the statistical area. The resulting statistical area FAR would be 0.34, which is below the
base 0.51FAR limit of the statistical area. Therefore, this finding can be made.
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January 8, 2004
Page 3
Parking
In 1998, the City granted a 22 space parking reduction for the eastern property with the
approval of Use Permit No. 3628. This parking reduction was based upon a specific
parking demand survey and the characteristics of the existing uses including West
Marine. This information was not included in the previous staff report or used in the
previous parking analysis because of the significant differences between the 1998
project (current development) and the previously proposed project. Now that the
applicant is maintaining the existing development of the eastern half of the project while
only changing the parking lot, the privileges granted by Use Permit No. 3628 are
maintained, in staffs opinion. This conclusion is supported by the fact that the same
uses still occupy the site and the only change to the approved plan is the configuration
of the parking lot.
The parking picture is further complicated by the fact that the two lots will remain
separate for the foreseeable future and that proposed common parking lot for both
properties does not provide 42 spaces that Use Permit No. 3628 required for the
eastern lot. The following table summarizes the parking breakdown:
_h ;EN
Required parking:
e
38
i
42
80
Provided parking:
44
35
79
Sur lus/defiicit:
6
-7
-1
Staff proposes that 7 spaces for the west property be dedicated to the east property
through an off -site parking agreement. With the approval of the agreement, 42 spaces
will be available for that site, which will meet the requirements of Use Permit No. 3628.
This transaction would leave the western site deficient by 1 space, and staff believes
this minor deficit is acceptable with the anticipated reduced parking demand associated
with the vehicle sales dealership as discussed in the previous report. Although the
design of the vehicle sales building would not physically preclude a higher parking
demanding use, the Use Permit would be the tool to ensure that a use with a higher
parking demand would not occupy the site.
In addition to the findings for a parking modification as discussed in the previous staff
report and above, the findings for an off -site parking agreement must be made since the
properties cannot be merged at this time. Those findings are:
A. Such lot is so located as to be useful in connection with the proposed use or uses on the site or
sites.
B. Parking on such lot will not create undue traffic hazards in the surrounding area.
C. Such lot and the site are in the same ownership, or the owners of the sites have a common
ownership in such lot, and the owner or owners are entitled to the immediate possession and use
thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration
adequate to serve all proposed uses on the site or sites).
The Leo Gugasian Center
January 8, 2004
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D. The owner or owners and the City, upon the approval of the Planning Commission, execute a
written instrument or instruments, approved as to form and content by the City Attorney, providing
for the maintenance of the required off - street parking on such lot for the duration of the proposed
use or uses on the site or sites. Should a change in use or additional use be proposed, the
off - street parking regulations applicable at the time shall apply. Such instruments shall be
recorded in the office of the County Recorder and copies thereof filed with the Planning
Department.
The off -site lot is adjacent and shares common access and isles and should prove
useful. Additionally, due to the unified and common design, access to abutting
roadways will not be necessary and therefore no undue traffic hazards will be created.
The two properties are owned by the same person and a condition of approval has been
included that requires a written agreement be recorded.
In summary, the overall parking supply is based upon the prior approval of Use Permit
No. 3628, a 1 space reduction due to the vehicle sales facility proposed and a shared
parking facility. Staff believes the common parking lot design is superior to the two
existing parking areas due to the elimination of multiple access points, elimination of
tandem parking spaces and the common unified design. The project site would remain
23 spaces short of the Municipal Code; however, staff believes that the applicant
remains entitled to the privileges afforded by Use Permit No. 3628. It should be noted
that the site could loose anywhere between 15 to 20 spaces should Coast Highway be
widened in the future. Given this broader context with the benefits of redevelopment and
the elimination of 3 access points on Coast Highway, staff believes the parking
arrangement should work and not prove detrimental to the City.
5 -sided Architecture and Views
Building upon the discussion contained within the previous staff report, the most
significant issue left unresolved in regards to the Mariners Mile Strategic Vision and
Design Framework was the roof design and whether or not it was consistent with
applicable guidelines.
The Commission struggled with this issue with the recently approved McDonald's
project, so staff contacted the chief designer and author of the Design Framework, Mr.
Keenan Smith, to gain clarity. The following narrative was taken from an e-mail from Mr.
Smith that has been edited for presentation, but the basic content and meaning remains
the same. Mr. Smith indicates that the term "5- sided" architecture means that in order
for the design of a free - standing building to meet the objective of being "responsible and
sensitive," its design should consider not only the four walls but the roof as well. This is
because Mariner's Mile abuts view - sensitive residential uses and the tops of the
buildings in this area are a subject of views from the houses above. This led to the
design objective where roofs and roof elements should respond to views from above."
This term was expanded with the implementing ordinance to indicate that the response
should be aesthetically pleasing. The guidelines were included to encourage and
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January 8, 2004
Page 5
promote design consideration of roofs and roof elements and to provide authority for
discretionary review by the staff and Planning Commission for these elements.
While the Framework stops short of comment or recommendations with regard to roof
forms or shapes (flat, sloped, pitched, etc. may all be considered), it was thought that
review authority would engage applicants in discussion and comment on many other
aspects of the design of roofs and roof elements, such as:
• Roof Materials (appropriate to context)
• Roof Color (neutral shades and hues)
• Roof Reflectivity (i.e. not shiny: muted preferred)
• Harmonizing of roofs in multi - building complexes
• Location and organization of roof equipment
• Screening of roof equipment
• Roof Lighting or Lighting Effects (i.e. internally -lit skylights, etc.)
With specific regard to roof mounted equipment, the guidelines go into further detail and
reinforce the over -riding architectural design objective of promoting a high quality
image" for the district. This is achieved in part by requiring equipment screens to hide
equipment "from off -site view" and was aimed primarily at providing reasonable
screening from ground -level perspectives and was not intended to require applicants to
completely hide all equipment from views from above (for example, with horizontal
screens or elaborate trellises over the entire roof), which might be unreasonable. On the
other hand, this interpretation was not thought to be grounds for the total omission of
equipment screens in the event that somehow equipment could be located so as not to
be seen from the ground. On the contrary, the provision: "Rooftop equipment screens
must be fully integrated into the architectural design" is directed squarely at such
overhead -view conditions and reinforces the qualitative objectives.
In summary, the information provided above by Mr. Smith and edited by staff indicates
that the flat roof proposed by the applicant is not directly inconsistent with the guideline.
The applicant's proposed treatment of the roof as described in the previous report, in
staffs opinion, is consistent with the guidelines related to architecture and views.
CONCLUSION:
The modified project requires the following considerations:
Development Plan: The City must find that the project is consistent with the
Mariner's mile Strategic Vision and Design Framework and any applicable
ordinances and policies. Staff believes the project can be found consistent with
the application of the conditions of approval.
2. Use Permit to exceed the base development allocation: The approval of 997
additional square feet will not cause the statistical area to exceed the base
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January 8, 2004
Page 6
allocation. Additionally, likely development of other parcels within the base
development allocation with the additional 977 square feet requested will not
cause the statistical area to exceed its planned development intensity. In other
words, project approval will not jeopardize the Land Use Element of the General
Plan.
3. Use Permit to authorize the development and operation of a vehicle sales
facility: As noted in the previous staff report, no vehicle display will occur in the
parking area and no vehicle service will be conducted. Outside lighting will be
controlled through design and inspection. These facts all but eliminate most
negative aspects possibly associated with vehicle sales uses.
4. Use Permit to reduce the parking requirement by one space: The use of the
vehicle sales facility will generate less parking demand due to its low volume/high
value character.
5. Off -site parking agreement: The off -site parking lot is actually a single parking
facility split by a property line. The location and design is useful for both the
recipient and donor properties and is superior to the existing parking
arrangement.
RECOMMENDATION AND ALTERNATIVES:
Staff recommends approval of the amended project subject to the findings and
conditions in the attached draft resolution (Exhibit No. 2). The Planning Commission has
the option to further modify the project to achieve an identified objective or the
Commission can deny the project if the Commission is unable to make the findings for
approval. Findings for denial are attached as Exhibit No. 3.
Prepared by: /
'iJa es W. Ca bell
n Planner
Attachments:
1. Revised Site Plan
Submitted by:
Pafricia L. emple
Planning Director
2. Draft resolution for project approval
3. Findings for denial
4. October 23, 2003 staff report for PA2003 -174
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING DEVELOPMENT PLAN NO. 2003 -002 AND
USE PERMIT NO. 2003 -026 AND FOR PROPERTY LOCATED AT 900 -1040
W. COAST HIGHWAY (PA2003 -174).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Leo Gugasian, with respect to property
located at 900 -1040 W. Coast Highway and legally described as Parcel 1 of Parcel Map
recorded in book 83, page 13 and Parcel 1 of Parcel Map recorded in book 71 page 18,
requesting approval of Development Plan and Use Permit for the redevelopment of an
existing commercial center and the construction and operation of a vehicle sales facility. The
application includes a parking modification to reduce the minimum number of parking spaces,
an off -site parking agreement for a shared parking lot on two adjacent properties, and a
request to exceed the base floor area ratio by 977 square feet.
Section 2. A public hearing was held on October 23, 2003 and January 8, 2004 in
the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written
and oral, was presented to and considered by the Planning Commission at this meeting.
Section 3. The Planning Commission finds as follows
1. The Land Use Element of the General Plan designates the site for Retail and Service
Commercial uses. Commercial uses including vehicle sales facilities are permitted uses
within this land use category.
2. The proposed development is generally consistent with the guidelines contained within
the Mariner's Mile Strategic Vision and Design Framework with the adherence to the
attached conditions of approval. The project provides a more aesthetically pleasing roof
design through color and material selection and roof -top mechanical equipment will be
minimized and will be screened from above. The project reduces vehicular access points
to Coast Highway and incorporates desired landscape plantings. The overall design
meets the Zoning Code and should be an architectural and aesthetic improvement
compared with the existing development that it will replace.
3. The proposed vehicle sales facility subject to the conditions under which it would be
operated or 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:
a. No vehicle service is proposed.
b. Exterior lighting will be controlled to reduce excess lighting and avoid off -site light
spillage.
c. No vehicle display within parking areas is proposed
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Planning Commission Resolution No.
Paqe 2 of 8
4. The project site is located within Statistical Area H4, which has a base 0.51FAR and a
maximum 0.75FAR. Commercial development in the area is approximately 0.252FAR
currently. The additional 977 square feet, when added to the development potential of
vacant and underutilized properties will not exceed 0.34FAR. Therefore, since it is not
likely that the base FAR for the statistical area will be exceeded, the requested increase of
997 square feet is not inconsistent with the General Plan and the purpose of the district in
which the site is located and 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.
5. The requested 1 space parking reduction is acceptable as the expected parking demand
for high value /low volume vehicle sales facilities will fall below that anticipated by the
Zoning Code. This conclusion is based in part upon similar facilities in the immediate
area. The proposed facility will not provide service, which would tend to increase parking
demand. The reduction of 1 parking space will not be detrimental to the general welfare of
the community.
6. The off -site lot is adjacent and shares common access and isles and will prove useful for
both properties. Due to the unified and common lot design, access to abutting roadways
will not be necessary, and therefore, no undue traffic hazards will be created. The two
properties are owned by the same person and a written agreement or restrictive covenant
will be recorded ensuring that the off -site parking will be maintained and available for the
uses located on the recipient parcel.
7. 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 project involves the demolition of 2
buildings and the construction of 2 buildings with a net increase of approximately 5,000
square feet. Traffic increases are below the 300 space threshold for the preparation of a
traffic study. The site is presently fully developed and no environmental resources are
known to exist at the site.
Section 4. Based on the findings above, the Planning Commission hereby approves
Development Plan No. 2003 -002 and Use Permit No. 2003 -026, subject to the conditions set
forth in Exhibit "A."
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Planning Commission Resolution No.
Page 3 of 8
Section 5. 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 8th DAY OF JANUARY, 2004.
AYES:
NOES:
MT
Earl McDaniel, Chairman
BY:
Michael Toerge, Secretary
0
Planning Commission Resolution No.
Page 4 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
DEVELOPMENT PLAN NO. 2003-002
& USE PERMIT NO. 2003-026
The development shall be in substantial conformance with the plans identified as follows
except as modified by other conditions of approval:
Site Plan (Sheet 01) dated 11/24/2003
Floor plans (Sheets A2 & A3 - building #2 only) dated 1/8/2004
Elevation drawings (Sheets A4, A5 & A6 - building #3 only) dated 1/8/2004
Roof plan (Sheet A7 — buildings #1 & #2 only) dated 1/8/2004
Landscape plan (Sheet P -1) dated 1/8/2004
2. Use of Building #1 shall be limited to motor vehicle sales. No motor vehicle repair is
permitted. No storage or display of motor vehicles is permitted in any parking space or
vehicle maneuvering space. A change of use shall require an amendment to this use
permit.
3. Development Plan No. 2003 -002 and Use Permit No. 2003 -026 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.
4. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be noted of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
5. The applicant shall comply with all federal, state, and local laws. Material violation of any
of those laws in connection with the use will be cause for revocation of this permit.
6. 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.
7. Prior to the issuance of a building permit, the applicant shall pay any unpaid costs
associated with the processing of this application to the Planning Department.
8. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on-
site lighting shall be shielded and confined within site boundaries. No direct rays or glare
are permitted to shine onto public streets or adjacent sites or create a public nuisance.
°Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off
fixtures and light standards shall not exceed 20 feet in height.
9. The site shall not be excessively illuminated based on the luminance recommendations of
the Illuminating Engineering Society of North America, or, if in the opinion of the Planning
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Planning Commission Resolution No.
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Director, the illumination creates an unacceptable negative impact on surrounding land
uses or environmental resources. The applicant shall prepare photometric study in
conjunction with a final lighting plan for approval by the Planning Director prior to the
issuance of a building permit. Prior to issuance of the certificate of occupancy or final of
building permits, the applicant shall schedule an evening inspection by the Code
Enforcement Division to confirm control of light and glare. The Planning Director may
order the dimming of light sources or other remediation upon finding that the site is
excessively illuminated.
10.AII noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
11.The landscaping shall be in compliance with all applicable requirements of the Zoning
Code including but not limited to the hedge and palm row and bluff landscaping as
required pursuant to the Mariners Mile Strategic Vision and Design Framework.
12.The applicant shall submit a landscape and irrigation plan prepared by a licensed
landscape architect. These plans shall incorporate drought tolerant plantings and water
efficient irrigation practices, and the plans shall be approved by the Planning Director and
the General Services Department 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.
The irrigation system shall be adjustable based upon either a signal from a satellite or an
on -site moisture - sensor. 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. The
proposed landscaping adjacent to the back of sidewalk shall be designed with provisions
that will prevent irrigation and /or other runoff from spilling onto the sidewalk.
13.AII landscape materials and landscaped areas shall be installed and 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.Signs shall be in compliance with the Zoning Code, including but not limited to those
\\
Between the hours of 7:66AM
and 10:00PIVI
Between the hours of
I O:OOPM and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
5OdBA
Mixed Use Property
45dBA
60dBA
45dBA
5OdBA
Commercial Property
NIA
65dBA
NIA
60dBA
11.The landscaping shall be in compliance with all applicable requirements of the Zoning
Code including but not limited to the hedge and palm row and bluff landscaping as
required pursuant to the Mariners Mile Strategic Vision and Design Framework.
12.The applicant shall submit a landscape and irrigation plan prepared by a licensed
landscape architect. These plans shall incorporate drought tolerant plantings and water
efficient irrigation practices, and the plans shall be approved by the Planning Director and
the General Services Department 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.
The irrigation system shall be adjustable based upon either a signal from a satellite or an
on -site moisture - sensor. 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. The
proposed landscaping adjacent to the back of sidewalk shall be designed with provisions
that will prevent irrigation and /or other runoff from spilling onto the sidewalk.
13.AII landscape materials and landscaped areas shall be installed and 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.Signs shall be in compliance with the Zoning Code, including but not limited to those
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Planning Commission Resolution No. _
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applicable standards of the Mariner's Mile Overlay zone. The applicant shall obtain
required permits for all signs.
15.The roof, equipment located on the roof and any mechanical equipment screens located
on the roof shall be painted or otherwise treated in a consistent fashion such that they
blend together in harmony with the overall architectural design of the building to reduce
their visibility from above. Roof top equipment or screens shall not be visible from West
Coast Highway. Rooftop equipment shall comply with Section 20.65.070.B of the Zoning
Code.
16.Seven (7) parking spaces shall be provided on 1000 -1040 W. Coast Highway for the
benefit of 900 W. Coast Highway. The spaces shall be accessible and available to
occupants and patrons of all businesses located on 900 W. Coast Highway at all times
free of charge.
17.A reciprocal access and off -site parking agreement shall be approved by the City
Attorney's office and shall be recorded on the title of both properties (1000 -1040 W. Coast
Highway & 900 W. Coast Highway) prior to the issuance of a building permit for any new
construction on 1000 -1040 W. Coast Highway. Owners shall provide proof of recordation
of the parking agreement and a title commitment dated after the date of recordation
showing the parking agreement being recorded prior to any financing on either property
and /or that any existing mortgage has agreed to such subordination. Should the
superiority of the parking agreement be determined unachievable, the two properties shall
be merged.
18.All improvements shall be constructed as required by Ordinance and the Public Works
Department, and shall be completed prior to issuance of a Certificate of Occupancy.
19.The intersection of the driveways with West Coast Highway shall be designed to provide
sight distance for a primary roadway per City of Newport Beach Standard Drawing STD -
11 0 -L for a speed of 40 MPH. Slopes, landscaping, walls, signs, and other obstructions
shall be considered in the sight distance requirements. Landscaping within the sight lines
(sight cone) shall not exceed 24- inches in height and the monument identification sign
must be located outside the line of sight cone. The sight distance may be modified at
non - critical locations, subject to approval of the Traffic Engineer.
20.The onsite parking and vehicular and pedestrian circulation systems shall be subject to
further review by the City Traffic Engineer.
21.The applicant shall provide wheel stops or other approved protective barrier methods as
necessary within the parking areas. The parking spaces shall be marked with approved
traffic markers subject to the approval of the Public Works Department or painted white
lines not less than 4 inches wide. All parking and maneuvering areas shall meet minimum
dimensional standards per City of Newport Beach Standard Drawing STD - 805 -L -A unless
otherwise modified by the Traffic Engineer.
22.The parking lot shall have prominent pavement arrows and signage to facilitate proper
circulation within the parking area. Signage and pavement markings shall be shown on
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Planning Commission Resolution No.
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the site plan and shall be subject to the review and approval of the Public Works
Department.
23. New street trees shall be planted in accordance with the City of Newport Beach Municipal
Code and Council Policies. Existing street trees shall be protected in place during
construction of the subject project, unless otherwise approved by the General Services
Department and the Public Works Department.
24. Prior to the issuance of a building permit, the applicant shall pay the project's fair share
traffic contribution in accordance with Chapter 15.38 of the Municipal Code. Public Works
Department plan check and inspections fees shall be paid prior to the issuance of
applicable permits.
25. Delivery vehicles shall park on -site when making deliveries to the project site. The public
right -of -way shall not be used as a parking or staging area for deliveries, including
construction related deliveries.
26. Disruption caused by construction work along roadways and by movement of construction
vehicles shall be minimized by proper use of traffic control equipment and flagpersons.
Traffic control and transportation of equipment and materials shall be conducted in
accordance with state and local requirements.
27. Utility connections for new buildings shall be underground to the nearest appropriate pole
in accordance with Section 20.57.040 of the Municipal Code.
28. New curb and gutter, sidewalk and driveway approaches shall be constructed where
necessary along the West Coast Highway frontage of the property in accordance with an
encroachment permit issued by the California Department of Transportation ( Caltrans).
Street improvements as well as drainage and utility improvements within Caltrans right -of-
way shall be shown on standard improvement plans prepared by a licensed civil engineer.
Existing non - standard concrete sidewalk panels within the public right -of -way shall be
reconstructed with standard concrete sidewalk panels through a permit issued by
Caltrans.
29. Catch basins are to be constructed at all locations where drainage from surface runoff is
proposed to be discharged through curb outlets. Each catch basin shall be bottomless
and constructed over permeable material, as well as having a fossil filter system. The
objective is to improve the quality and decrease the quantity of water runoff by providing
for on -site percolation to the maximum extent possible.
30.An alternate site plan shall be prepared demonstrating that on -site parking, vehicular
circulation, and pedestrian circulation systems can be modified and still function
satisfactorily if West Coast Highway is widened into the full 12 -foot width of additional
right -of -way. This alternate site plan shall be subject to the review and approval of the
Public Works and Planning Departments. Said plan shall be approved prior to the
occupancy of the project.
31.An Encroachment Agreement shall be executed prior to the issuance of a building permit
Planning Commission Resolution No.
Paqe 8 of 8
for new construction covering the rights and obligations associated with the use of the 12-
foot strip of additional street right -of -way for on -site improvements in accordance with the
approved site plans for the proposed project.
32.A hydrology and hydraulic study for the project shall be prepared by the developer's
licensed civil engineer, along with a master plan of water, sewer, and storm drain facilities
for the on -site improvements prior to issuance of a grading permit. Any modifications or
extension to the existing storm drain, water and sewer systems that the study shows to be
required shall be the responsibility of the developer.
33. Each building shall be served by an individual water and sewer connection. The water
meter and sewer clean out, if located within the proposed driveway, shall have a traffic-
grade box and cover.
34.All on -site power poles along the northerly property line shall be protected in place during
construction.
35.Arrangements shall be made with the Public Works Department in order to guarantee
satisfactory completion of the public improvements, if it is desired to obtain a building
permit prior to completion of the public improvements.
36.The applicant shall obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code. The construction plans must meet all applicable
State Disabilities Access requirements.
37.Automatic fire sprinklers shall be required for all new construction. The sprinkler system
shall be monitored by a UL certified alarm service company where the number of
sprinklers is one hundred or more.
38. Exterior walls on the north sides of new buildings shall be 1 -hour fire rated. Openings less
than 10 feet from property lines shall be protected by a fire assembly having at least
three - fourths of an hour fire protective rating.
39.Approved numbers or addresses shall be placed on all new and existing buildings in such
a position that is plainly visible and legible from the street or road fronting the property.
Said numbers shall be of made of non - combustible materials, shall contrast with their
background, and shall be either internally or externally illuminated to be visible at night.
Number shall be no less than six inches in height with a one -inch stroke.
�a
FINDINGS FOR DENIAL
DEVELOPMENT PLAN NO. 2003-002 &
USE PERMIT NO. 2003-026
The proposed project is inconsistent with the Mariner's Mile Strategic Vision
and Design Framework for the following reasons:
a. The proposed project, as described in the application, staff report and
depicted by the plans and other exhibits does not provide sufficient quality
of design.
b. The site plan provides a row of parking with 20 spaces within the future
12 -foot dedication area and will be eliminated should Coast Highway be
widened; therefore, the development will not fit in with future conditions.
2. The proposed project exceeds the maximum allowable gross square footage
allowable by the General Plan Land Use Element and Zoning Code (0.5FAR).
Allowing the development to exceed the base floor area will cause the
statistical area to exceed its allotted development should the statistical area
become built out.
3. The proposed parking reduction is will 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 be detrimental to the
properties or improvements in the vicinity or to the general welfare of the city
for the following reasons:
a. The design of the buildings would lend itself to other uses (general retail or
office) that would generate additional parking demand beyond that
anticipated for vehicle sales.
b. Approval of the project without providing the minimum spaces would lead
to parking shortages, off -site parking on nearby private lots and increased
usage of street parking. These results are contrary to the purpose and
intent of the Zoning Code and General Plan to promote the economic
vitality of commercial areas.
c. Should Coast Highway be widened in the future, the site will loose
approximately 20 parking stalls, which would create future parking
shortages.
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