HomeMy WebLinkAboutGugasian Property (PA2003-174)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item: 4
October 23, 2003
TO: Planning Commission
FROM: James Campbell, Senior Planner
(949) 644 -3210
icampbell(u7city. newport- beach. ca. us
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
ISSUE:
Should the Planning Commission grant approval of the Development Plan application
requested by the Leo Gugasian to redevelop 900 -1040 W. Coast Highway in the
Mariner's Mile Area as proposed by the applicant? Additionally, should the Commission
grant a Use Permit to modify parking requirements to allow the development to proceed
while providing fewer parking spaces than required by the Zoning Ordinance? Finally,
should the Commission grant a Use Permit for a vehicle sales facility to be operated at
the site?
RECOMMENDATION:
Hold a public hearing and continue the project with direction to a future date to review a
reduced intensity plan.
DISCUSSION:
Project Description:
The applicant proposes to redevelop two commercial properties by demolishing
approximately 17,000 square feet of commercial space in 3 buildings and constructing
three new buildings with approximately 23,800 square feet. The two properties total
approximately 1.62 acres. Each of the three proposed buildings will be two stories.
Existing uses to be displaced include vehicle sales and service uses, retail, office,
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October 13, 2003
Page 2
personal improvement uses and a small restaurant. Proposed uses will be vehicle
sales, retail and office uses. The only portion of the site to remain will be the 12,005
square foot building presently occupied by West Marine. The project includes the
development of an eighty six (84) space parking lot with lighting and ornamental
landscaping. The project includes grading consisting of approximately 2,000 cubic yards
of over excavation and re- compaction. The project will not require significant excavation
of the bluff. As noted, the project site is made up of two properties that will be merged
once the applicant restructures the financing of the parcels. The applicant plans to
phase the construction in that Buildings #1 & #2 will be constructed immediately upon
the conclusion of the demolition of the two buildings on the western lot. Building #3 is
planned to be constructed after substantial completion of the first phase. The proposed
vehicle sales facility does not propose maintenance of any kind and vehicle display is
not proposed within required parking areas. The conceptual landscape plan shows
patterned, colored concrete driveway approaches. The applicant has prepared plans
and a colored rendering of the proposed project (Exhibit Nos. 1 & 2 respectively).
Vicinity Map
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October 13, 2003
Page 3
The following tables provide many relevant project statistics:
Building
Summary
Building #1
Building #2
Building #3
Gross Floor Area
GFA :
11,322 sq. ft.
6,487 sq. ft.
5,997 sq. ft.
Footprint.
7,870 sq. ft.
2,968 sq. ft.
2,723 sq. ft.
Height:
26 feet
26 feet
26 feet
Use:
Vehicle sales
Retail or office
Retail or office
Setback from
Coast Highway:
17 feet
95 feet
105 feet
Project Area
Area (sq. ft.)
Existing GFA:
29,041
Area to be demolished:
17,036
Area new construction:
23,805
Proposed GFA:
35,810
Lot Area:
70,775
Project Parking
Spaces
Vehicle sales:
12
Retail or office:
98
Total required:
110
Total provided:
84
Parking deficit:
26
Surrounding lands uses are: Marine commercial and restaurants to the east
Residential uses to the north
Balboa Bay Club and residential uses to the south
Automobile sales and service to the west
Analysis:
General Plan Land Use Element
The Land Use Element of the General Plan designates the site for Retail and Service
Commercial uses. The project consists of retail, office and vehicle sales uses all
consistent with the land use designation. The site is limited to a maximum of 0.5 floor
area ratio (FAR). The current plan proposes 35,810 gross square feet, which exceeds
the maximum by 422.5 square feet. The applicant plans to reduce building #3 by this
amount to meet the FAR limitation.
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October 13, 2003
Page 4
General Plan Circulation Element
The Circulation Element calls for the widening of Coast Highway to 6 lanes in this area,
which would require a dedication of 12 feet from the project site. Chapter 13.05 (section
13.05.010.A.) of the Municipal Code requires, as a condition to receiving a building
permit, the dedication and improvement of any adjacent street designated as a
"significant link" in the City's circulation system. This portion of East Coast Highway is
designated as a "significant link." However, Section 13.05.010.B. of the Municipal Code,
states that the dedication and improvement of property is not required when the
property fronts a State Highway when there are no buildings or structures on any
portion of the property within the area to be improved pursuant to the Circulation
Element's Master Plan of Streets and Highways and that any additional (Zoning Code)
setbacks are provided unless all of the following conditions exist:
1. The proposed project contributes to the need to widen the adjacent roadway to master plan
standards and;
2. The project would generate more than three hundred (300) average daily trips; and;
3. The proposed project exceeds twenty -five thousand (25,000) square feet of additional
gross floor area.
The potential dedication area is a 12 -foot strip of land running the entire length of the East
Coast Highway frontage of the property. Building #1 is setback 17 feet and the existing
West Marine building is setback 12 feet and other structures are further setback. The only
improvement proposed within the 12 -foot future dedication area is the first row of parking
being setback between 4 to 8 feet. No additional structure setbacks are required per the
Zoning Code. The Public Works Department anticipates that the project as designed by
the applicant will generate approximately 245 new trips to the site. The project increases
the gross floor area by roughly 6,800 square feet. Based upon these factors, staff has
determined that the proposed project does not require the dedication, widening and
improvements to East Coast Highway as it meets current and future setbacks and the
three conditions listed above are not met.
Mariner's Mile Strategic Vision and Design Framework
This policy document, adopted in October of 2000, contains guidelines for the public
and private improvements within the Mariner's Mile area. In order to approve a
Development Plan application, the Commission must find the project consistent with the
Strategic Vision and Design Framework and applicable ordinances and policies as
required by Section 20.42.060. Staff has evaluated the proposed project against these
guidelines and finds that the project generally complies; however, the project does not
comply with two goals: "5 sided" architecture and landscaping.
The primary goal of the Design Framework is to encourage high quality designs that are
responsive and sensitive to their surroundings. Additionally, specific landscaping and
signage guidelines are identified and the use of nautical materials is encouraged. The
following discussion relates to the major topics covered by the guidelines:
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October 13, 2003
Page 5
a. Architecture — Responsible and sensitive designs should "fit in" to their surroundings.
The proposed building design can be found to "fit in" with the two abutting
developments being Newport Autosport and West Marine in that they are similar
buildings in terms of design, height and mass.
Quoting from the Design Framework, "roofs and roof elements should respond to
views from above and free standing buildings should be designed as "5- sided" (walls
+ roof)." The three proposed buildings are all two stories with a parapet at the
perimeter of a flat built up roof. The applicant proposes to gravel the roof in a color to
match the wall exterior. Additionally, the applicant proposes to have all roof top
mechanical equipment to be treated or painted to match the roof color. The applicant
is proposing to treat the roof in a way similar to Newport Autosport building just west
of the project site. The applicant submitted a color photograph of the building's roof
as an example of how the roofs of the proposed buildings will look (Exhibit No. 3). In
that photograph, roof -top mechanical equipment is not shown, but it is located closer
to the northern edge of the building away from Coast Highway. This position assists
to minimize the visibility of the equipment from above and ensures that the
equipment will not be visible from Coast Highway. No roof top equipment is
proposed for buildings #2 and #3 and only one HVAC unit is proposed for the roof of
building #1.
The Design Framework provides no direction or indication of what is meant by
having a 5h side of architecture. It might mean that a pitched roof is desirable and
the proposed flat roof is roof is not desirable, and therefore, inconsistent with the
policy. It also can be argued that the proposed design is meant to have an "invisible"
5'" side of architecture when viewed from the ground level. Based upon the
photograph, limited roof -top equipment and their proposed location and the
description of how the applicant plans to treat the roof; the roof should respond more
positively to views f rom a bove than a typical commercial built -up roof. Lastly, the
proposed building design with a flat roof does "fit in" with the two adjacent buildings
(Newport Autosport and West Marine). In conclusion, the proposed project may or
may not meet the policy.
b. Color and Materials Palette — The Mariner's Mile Design Framework establishes a
basic color system where the base building color is neutral and is 90% of the
building. Contrasting trim elements, being light or dark, are to be no more than 10%
of a building and accent elements with bright colors being up to 5% of the exterior of
the building. The majority of the exterior of the building is a neutral ivory color with
vertical bands of white as a contrast color. The exterior windows will provide further
contrast, b ut dark. T he a pplicant d id n of i dentify t he c olor o f t he g lass o r w indow
mullions. Accent colors are not present; however, signage will act as an accent.
The Design Framework encourages the use of high quality building materials or
other details of a nautical nature. The project does not propose the use of nautical
features, but the Design Framework also recognizes this stretch of Mariner's Mile as
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October 13, 2003
Page 6
auto - oriented, which a large part of the project is. Staff has no objection to the
proposed color palette.
c. Landscaping — The Design Framework establishes specific landscape requirements
that have been incorporated within the Zoning Code, which makes compliance with
the standards mandatory. Three primary elements are required: 1) a minimum 4 -foot
wide hedge and palm row at the back of the sidewalk across the site from east to
west with a specific palette of species; 2) interior parking lot landscaping; and 3) bluff
landscaping. The hedge and palm row is probably the single most important feature
established by the Design Framework as it will provide a unifying design element for
the Mariner's Mile overtime. The conceptual landscape plan prepared includes a
Ligustrum Japonicum hedge and palm row; however, the hedge does not extend the
full length of the property and the spacing is too large. The hedge and palm row is
also not located at the back of the sidewalk but rather at the front edge of the
parking area. The plan includes the minimum number of Washingfonia Robusta
palm tress spaced as required. The plan also has a healthy number of interior
parking lot trees in accordance with minimum standards. Staff believes that the
conceptual landscape plan is consistent with requirements with a few minor
adjustments that will be implemented at the plan check stage should the project
receive approval.
d. Signs - The Design Framework establishes specific sign guidelines, which were also
incorporated within the Zoning Code making compliance with the standards
mandatory. The only sign shown in the project plans is a sign and logo on the
building wall of Building #1 for the proposed Maserati dealership. The plan does not
show sufficient d etail to determine whether o r not the signs comply; however the
applicant plans to comply with all applicable sign regulations. A condition of approval
requiring full compliance with all applicable sign regulations of the Zoning Code
should be required.
e. Lighting — The Design Framework states that "lighting should be purposeful and
respectful." Lighting must be contained on the site using down lighting wherever
possible, and incorporate shielding. Parking lot lights cannot be taller than 20 feet
and "walpak" type fixtures are prohibited, as they create harsh glare for residents
and drivers. Although a specific lighting plan has not been prepared at this time, the
applicant has indicated they will comply with these guidelines. Conditions of
approval that address lighting to ensure compliance with these guidelines and
standards should be applied.
f. Walls — The Design Framework specifies the use of split -faced block, textured
concrete or crib -wall systems with landscaping for retaining walls. The only walls that
will be visible to the public will be those retaining walls between the buildings. The
applicant has not indicated what material will be used, and therefore, staff
recommends that a condition of approval be included requiring compliance with the
Design Framework and Zoning Code.
I
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g. Lot consolidation and site access — The Design Framework encourages lot
consolidation and the elimination of drive approaches where feasible to reduce
potential vehicle conflicts. The s ite i s comprised of two I ots which will b e merged
after the applicant has an opportunity to rectify differing financial burdens affecting
each lot. The site presently has 5 driveway access points and the proposed site plan
will have two access points which will be located for optimal access to the modified
parking lot. The consolidation of the two lots and elimination of 3 drive approaches
assists the City in implementing the policy of reducing driveways to Coast Highway
to enhance vehicle and pedestrian safety.
Zoning Code
The zoning of the property is RSC -MM (Retail and Service Commercial — Mariners Mile
Overlay). Retail and office uses are permitted uses and vehicle sales is permitted
subject to a Use Permit.
The project complies with setback standards (none) and building height (26 feet), but
does not comply with the 0.5 FAR nor does it comply with the minimum number of
required parking spaces. As noted previously, the applicant proposes to reduce building
#3 to comply with the FAR.
a. Parking — The proposed site plan provides 84 parking spaces and 110 parking
spaces are required. With the reduction of 423 spare feet as required to meet the
FAR standard, a total of 108 parking spaces will be required. This leaves the site
deficient 24 parking spaces. The applicant has requested a parking modification to
allow the project to be developed without providing 108 spaces. One of the following
findings must be made to approve the requested partial parking waiver:
1. A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the sites;
2. The site is subject to two or more uses and the maximum parking requirements for
such uses do not occur simultaneously-
3. A parking management plan for the site has been approved by the Planning
Commission pursuant to Section 20.66.100(6); or
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.
There are no facts to support items 1, 2, & 3, in staff's opinion. No municipal parking
lot is located in .the area. The three proposed uses (vehicle sales, retail and office)
will occur simultaneously and the hours and days of operation will roughly coincide
with each other. No parking management plan has been suggested other than
unregulated self - parking. Staff cannot conceive of a parking management method to
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October 13, 2003
Page 8
reduce demand or increase supply that would effectively work for retail and office
uses.
In regards to the 4th finding, the proposed vehicle sales use is expected to be low
volume and of high value. This factor would tend to reduce parking demands. The
amount of required parking attributable to the vehicle sales use is 12 spaces.
Assuming that parking demand is 50% of that, 6 spaces might be waived. With the
project falling 24 spaces short and 6 spaces theoretically waived, staff would expect
an 18 space shortage at a minimum. The second part of finding #4 is that the
probable long term occupancy of the buildings and structures, based upon design,
will not lend themselves to higher parking demanding uses. The proposed design
would not prohibit the conversion of building #1 to retail or office uses which would
require more parking than provided for, and therefore, this part of the finding is not
supported. The Traffic Engineer does not support the granting of the parking
reduction. A parking shortage would only become worse if Coast Highway were
widened per the Circulation Element. The proposed buildings do not pose an
impediment to widening; however the site would lose 20 spaces at a minimum.
Staff recommends that building #3 be eliminated and replaced with parking to
alleviate a parking shortfall. The location of that possible parking lot would be helpful
in that it would serve existing and proposed retail uses better than the proposed site
plan. Staff has laid out a parking area where building #3 is proposed and believes
that 15 additional parking stalls can be designed while increasing the width of
building #2 by 32 feet. This dimension was selected as it is the width of half of the
retail /office space proposed within building #2 and it seemed logical to increase this
building in logical increments. This hypothetical plan would increase the gross floor
area a nd lease area of building #2 by approximately 2,175 square feet making it
approximately 8,665 gross square feet. With the elimination of building #3 and the
increase in building #2, required parking would decrease by parking by 16 spaces.
With the 15 additional spaces this hypothetical plan would generate, the project
would meet parking requirements. In conclusion, staff recommends that building #3
be eliminated and replaced with parking that meets applicable design standards
while permitting building #2 to be enlarged such that the entire project meets
minimum parking requirements.
b. Development Plan Findings — In order to approve a 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. As noted in the previous
sections, the project is not fully consistent with all applicable ordinances and
policies. Should the reduced project recommendation be implemented, staff believes
that the reduced project can be designed in full compliance with applicable
ordinances and policies. The only policy that remains unresolved is the "5 sided"
architectural guideline. Should the Planning Commission accept the proposed
design, staff sees no impediment to the approval of the Development Plan
application subject to suggested conditions.
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October 13, 2003
Page 9
c. Use Permit Findings — In order to approve a Use Permit for the reduction in parking
and vehicle sales use, the following findings must be made:
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.
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.
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 objectives of the Zoning Code are to promote the public health, safety, peace,
comfort, and general welfare of the community. As noted in the previous section of
this report, the proposed project does not provide sufficient parking to support itself
and is inconsistent with parking standards. Facts to support a parking reduction are
not evident to staff. Project approval as proposed by the applicant would constitute a
detriment to the community as it would create a site without sufficient parking. This
would lead to increased demand for street parking and might lead patrons to park on
other private properties. These factors do not promote the economic vitality of the
area and could likely lead to parking nuisances or disputes. Staff believes that
project approval would be inconsistent with the intent of the City's parking
requirement.
However, staff has identified a modified project that alleviates the parking deficiency.
Should this modified project be approved, staff supports the project for the following
reasons:
1. The reduced intensity project would comply with parking.
2. The project would conform to the maximum floor area ratio.
3. The project complies with the General Plan land use designation.
4. The project is largely consistent with the Mariners Mile Strategic Vision Design
Framework and consistent with the Zoning Code.
a. The project consolidates two properties and eliminates 3 driveways.
b. Landscape standards will be met.
c. Outdoor display of vehicles will not be occurring in the parking areas.
d. Site lighting will not be excessive due to conditioned compliance with
applicable standards.
1
The Leo Gugasian Center
October 13, 2003
Page 10
e. The roofs will respond better from views from above as opposed to traditional
built -up roofs.
f. Roof -top mechanical equipment is limited and will blend in with roofing
materials and will not be visible from Coast Highway.
g. Signs and other site development standards will be in accordance with the
Design Framework and Zoning Code.
5. Uses are not expected to be outside of normal business hours.
6. The proposed vehicle sales facility would not perform maintenance.
7. Anticipated traffic increases are below applicable thresholds for further study
(i.e. less than significant effect).
8. The proposed development will improve the aesthetic quality of the site when
compared to the existing development.
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 site is fully developed
and no environmental resources are known to exist at the site. The project involves the
demolition of 3 buildings and the construction of up to three 3 buildings with a net
increase of approximately 6,800 square feet. Traffic increases are also below the 300
space threshold for the preparation of a traffic study. In conclusion, these factors
support the determination that the project will not have a significant effect to the
environment and that the Class 3 categorical exemption is appropriate.
Public Notice:
A public notice was prepared in accordance with the Municipal Code and was made
available more than 10 days in advance of this hearing. It was published in the Daily
Pilot, posted at the site and mailed to property owners and nearby homeowners
associations as required by Section 20.91.030 of the Municipal Code.
Conclusion:
Staff believes that the findings for approval of the Development Plan and Use Permit
and can be made provided that the project is reduced in intensity as discussed
previously in this report. Staff does not recommend approval of the parking reduction as
the sufficient facts to support the reduction are not evident at this time. Staff
recommends that the Commission direct the applicant to redesign the project described
in this report or to explore other design alternatives. Should the Commission determine
that a pitched roof is necessary to find the project consistent with the "5 sided"
architectural guideline of the Mariner's Mile Strategic Vision and Design Framework,
The Leo Gugasian Center
October 13, 2003
Page 11
staff suggests that the applicant be directed to redesign the buildings with sloping roofs.
Should the Commission be unconvinced as to the quality of the project as depicted in
the exhibits, the Commission can direct the preparation of color and materials boards
and/or additional colored elevations.
Alternatives:
The Planning Commission has the option to deny the project should the Commission be
unable to make the affirmative findings for approval of the proposed or reduced intensity
project as discussed. Findings for denial are attached as Exhibit No. 4.
Prepared by: Submitted by:
V�
AL,
mes W. Cayfipbell Sharon Z. Wood
Senior Planner Assistant City KVfiager
Attachments:
1. Project plans (site plan, floor plans, elevation drawings, landscape plans)
2. Project rendering.
3. Photograph of proposed roof treatment.
4. Findings for denial.
11
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FINDINGS FOR DENIAL
DEVELOPMENT PLAN NO. 2003 -002 &
USE PERMIT NO. 2003 -026
1. The proposed project is inconsistent with the Mariners Mile Strategic Vision
and Design Framework for the following reasons:
a. The building design does not provide "5- sided" architecture in that it does
not include an architecturally compatible roof.
b. The proposed project, as described in the application, staff report and
depicted by the plans does not provide sufficient quality of design.
c. The landscape plan does not provide the hedge and palm row as
specified.
d. 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 does 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).
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 required findings for a parking reduction are not met. No municipal
parking lot is located in the vicinity to be useful to the project. The site will
be subject to simultaneous commercial u sage by a variety of retail and
office tenant with similar hours and days of operation. Parking demand is
likely to be near the parking required by the Zoning Code. The design of
the buildings would lend itself to other uses (general retail or office) that
would generate additional parking demands.
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 exacerbate parking
shortages.