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HomeMy WebLinkAboutMedia Spot (PA2002-077)REPORT TO THE PLANNING COMMISSION PROJECT: MediaSpot (PA2002 -077) 1550 Bayside Dr. SUMMARY: A request to waive the off - street parking requirement resulting from the enclosure of an existing 383 square foot open patio to additional building space. The size of the addition requires 2 parking spaces be waived. RECOMMENDED ACTION: Approve Use Permit No.2002 -016 (PA2002 -077) subject to the findings and conditions of approval attached as Exhibit No. 1 through the adoption of Resolution No. entitled, "A Resolution of the Planning Commission of the City of Newport Beach Approving Use Permit No. 2002 -016 and Granting a Waiver of the Off - street Parking Requirements Associated with Property Located at 1550 Bayside Drive." APPLICANT: Mr. Arthur Yelsey of MediaSpot, Newport Beach LOCATION: North corner of the intersection of Bayside Drive and El Paseo Drive LEGAL DESCRIPTION: Parcel 1 of Parcel Map No. 279 -27 (Resubdivision 979) GENERAL PLAN: Administrative, Professional, Financial Commercial ZONING DISTRICT: APF Introduction and Background The Media Spot is seeking a waiver of the off -site parking requirements associated with the proposed enclosure of an existing open patio on the north (rear) side of the building. The existing patio is approximately 383 square feet (sq. ft.) and the enclosure would result with a requirement for 2 additional parking spaces. The existing building was completed in 1963 at a size of 2,824 sq. ft. (based on building permit information). Since that time, various permits have been issued for such things as demolition of the abandoned pump station (1993), re -grade and resurface the parking lot, etc. However, there is no record of when the building was increased sometime between 1963 and 1983 to its current size of 7,824 sq. ft. However, staff believes this is a matter of lost permit record, or, possibly an erroneous entry on the 1963 permit. CITY OF NEWPORT BEACH Hearing Date: June 20,2002 Q�� 0 y PLANNING DEPARTMENT Agenda Item: 4 3300 NEWPORT BOULEVARD Staff Person: Todd M. Weber 644 -3209 NEWPORT BEACH, CA 92658 Appeal Period: 14 days after date of (949) 644 -3200; FAX (949) 6443229 action REPORT TO THE PLANNING COMMISSION PROJECT: MediaSpot (PA2002 -077) 1550 Bayside Dr. SUMMARY: A request to waive the off - street parking requirement resulting from the enclosure of an existing 383 square foot open patio to additional building space. The size of the addition requires 2 parking spaces be waived. RECOMMENDED ACTION: Approve Use Permit No.2002 -016 (PA2002 -077) subject to the findings and conditions of approval attached as Exhibit No. 1 through the adoption of Resolution No. entitled, "A Resolution of the Planning Commission of the City of Newport Beach Approving Use Permit No. 2002 -016 and Granting a Waiver of the Off - street Parking Requirements Associated with Property Located at 1550 Bayside Drive." APPLICANT: Mr. Arthur Yelsey of MediaSpot, Newport Beach LOCATION: North corner of the intersection of Bayside Drive and El Paseo Drive LEGAL DESCRIPTION: Parcel 1 of Parcel Map No. 279 -27 (Resubdivision 979) GENERAL PLAN: Administrative, Professional, Financial Commercial ZONING DISTRICT: APF Introduction and Background The Media Spot is seeking a waiver of the off -site parking requirements associated with the proposed enclosure of an existing open patio on the north (rear) side of the building. The existing patio is approximately 383 square feet (sq. ft.) and the enclosure would result with a requirement for 2 additional parking spaces. The existing building was completed in 1963 at a size of 2,824 sq. ft. (based on building permit information). Since that time, various permits have been issued for such things as demolition of the abandoned pump station (1993), re -grade and resurface the parking lot, etc. However, there is no record of when the building was increased sometime between 1963 and 1983 to its current size of 7,824 sq. ft. However, staff believes this is a matter of lost permit record, or, possibly an erroneous entry on the 1963 permit. Use Permit No. 2002 -016 (PA2002 -077) 1550 Bayside Dr. Current Development: VICINITY MAP Single- il residential in the Irvine Terrace development To the east: single-family residential in the Irvine Terrace development across El Paseo Drive To the south: Single-family residential in the Irvine Terrace development across El Paseo Drive To the west: Recreational & Environmental Open Space I Project Site 10 I';�III1ip i, �I� ��I�la ���'if 11;111g "j�� i v yf'iy'I P ILrr i 200 0 200 400 Feet N wE s Use Permit No. 2002 -016 (PA2002 -077) 1550 Bayside Dr. Current Development: Existing office building To the north: Single- il residential in the Irvine Terrace development To the east: single-family residential in the Irvine Terrace development across El Paseo Drive To the south: Single-family residential in the Irvine Terrace development across El Paseo Drive To the west: Recreational & Environmental Open Space MediaSpot (PA2002 -077) June 20,2002 Page 2 of 6 Site Overview The project site is the northwest corner of the intersection of Bayside Drive and El Paseo Drive and is located within the Coastal Zone. The 31,566 sq. ft. property is relatively flat near the intersection and slopes upward to the rear property line that is adjacent to the residential properties along Dolphin Terrace. The existing office building is 7,824 sq. ft., which is distributed between 2 different floor area levels. The actual footprint of the building is 5,274 sq. ft. and the 2 levels of the building were designed and constructed utilizing a substantial area of the lower portion of the lot. The parking lot was placed towards the intersection with 2 connecting access points to the abutting street system, 1 to each street. The parking lot currently contains 27 total parking spaces of which 1 is for disabled, 4 are striped as tandem, and 7 are covered (carports). Project Overview The proposed 383 sq. ft. patio would be enclosed through the construction of commercial aluminum frames with bronze tempered glass resulting in a sunroom. The sunroom would be accessible to the existing second story office areas by way of a sliding glass door. The plans do not provide for extending the cooling and heating systems of the existing building to the sunroom. The applicant states that the existing open patio is primarily used as a break area or lunchroom. The patio is on the north side of the building and is in constant shade, making the area less useful to employees. This explains the desire to make the area more consistently comfortable for employees year - round. The project is not designed or proposed to create additional workspace. The applicant contends that by making the sunroom more comfortable, overall vehicle trips to and from the site may actually be reduced by allowing people to eat lunch on site, as there are no restaurants within walking distance of the project site. This application resulted from a submittal for a Building Permit for the enclosure when the Planning Department determined that the additional area requires 2' additional parking spaces that the site does not presently have. Therefore, the applicant submitted this request for a Use Permit for the parking waiver. The minor addition would increase the building size to a total of 8,207 sq. ft. As designed, the sunroom would have a roof that varies from 8 to 11 feet in height along the rear side (north elevation) of the existing building. The proposed sunroom will not be visible from the street as the existing building will block it from view. Analysis General Plan & Local Coastal Program (LCP) There is no change proposed to the land use designation or the site, only a minor increase in building size. The proposal does not seek to change any land use designation for the site nor change the allowable density established by the City's General Plan. The project site is not a shoreline property so there are no public access issues. Consequently, no General Plan MediaSpot (PA2002 -077) June 20,2002 Page 3 of 6 Amendment or Local Coastal Program (LCP) amendment is required in conjunction with the request. The addition results in an overall Floor Area Ratio (FAR) of 0.26, which is below the 0.50 FAR established by the Land Use Element of the General Plan. Zoning Code The proposed enclosure would be attached to the existing office building, is greater than 4 feet in height from finished floor to ceiling, and is accessible. These factors make the sunroom qualify as applying toward the Gross Floor Area for the property. The addition of 383 sq. ft. would result in a change of FAR from 0.25 to 0.26, which is well under the allowable 0.5 permitted for the site. The maximum height for the site is 25 feet and the existing building extends up to 23 feet. The enclosure would be a maximum of 11 feet in height above the grade where located, but would remain under the height of the existing building as shown on the elevations in the attached set of plans. All other development standards, such as setbacks would be adhered to should the project be approved. The distance from the enclosure to the rear property line that abuts a residential property is 20 feet, 15 feet more than what is required. Off-Street Parking Waiver Request The total space of the building is 7,824 sq. ft. At the required ratio of 1 parking space per every 250 square feet of gross floor area, the facility should have 32 spaces in the existing parking lot. A visit to the site confirmed that there are 27 spaces currently available for use, 5 shy of what is required even though the plans show a count of 30 spaces available on site. The original site plan approved in 1962 depicted 31 total spaces (although the plans did not include dimensions for the spaces). A grading permit was issued for parking lot grading and resurfacing in 1993 that lists only 29 spaces being available. A parking waiver may be approved if one or more of the following conditions has been met: A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the sites; There is no municipal parking facility within close proximity to the project site so this finding cannot be made. 2. The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously. The existing office building does not contain 2 or more uses that occur at different times. Therefore, this finding cannot be supported. 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20.66.100(B). No parking management plan has been prepared or considered for the project site so this finding cannot be made. MediaSpot (PA2002 -077) June 20,2002 Page 4 of 6 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. The project involves enclosing an area that is used as an employee break and lunch area. The sunroom would not provide additional office space nor result in space for additional employees. The sunroom will not have mechanical connections to allow for heating and air conditioning of the space. As a condition of approval, the area would be precluded from being converted into office space at any point in the fixture unless the required parking can be provided. These factors ensure that the space will result in a parking demand that is less than the requirement listed in Zoning Code Section 20.66.030. The building has been an office building since constructed in 1963. It is reasonable to conclude that the long -tern occupancy of the building will remain the same and not generate additional parking demand. The Traffic Engineer has no objections to the proposed parking waiver based upon these factors and the condition noted above. Several visits to the site were conducted at varying times and days in the last 2 months. Staff observations are as follows: 1) each time there has been more than 1 parking space available in the existing lot. 2) there is a substantial amount of on- street parking that takes place in the area, along both Bayside Drive and El Paseo Drive. Because several site visits revealed that there was parking available on -site, it appears that the parking provided is sufficient to support the existing development. This combined with the fact that the sunroom space will not be used to increase the building's occupancy could be sufficient justification to make these findings., Summary of Analysis The enclosure of the patio that converts it into a sunroom complies with all development standards other than the off - street parking requirements. The existing use of the building and the design for the proposed project appear to support the applicant's statements that the design and use of the sunroom will not increase parking demand as the project involves enclosure of an existing outdoor patio and will not be used for additional office workspace. Additionally, the enclosure is to be constructed of darker materials that, while not visible from any public area or roadway, should not create an eyesore for the residential property located above as the sunroom will also be screened by landscaping in excess of 20 feet in height on the upward slope above the existing patio. The dark bronze aluminum framing and bronze tempered glass should minimize any problems associated with glare or bright reflections. MediaSpot (PA2002 -077) June 20,2002 Page 5 of 6 Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). The proposal involves a minor addition of a sunroom (enclosure of an existing outdoor patio) to the existing office building. The project is located in an urbanized area and the surrounding area is not environmentally sensitive. Submitted by: PATRICIA L. TEMPLE Planning Director Exhibits Prepared by: TODD M. WEBER Associate Planner 1. Resolution and Findings and Conditions of Approval 2. Plans MediaSpot (PA2002 -077) June 20,2002 Page 6 of 6 RESOLUTION NO. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2002 -016 (PA2002 -077) FOR PROPERTY LOCATED AT 1550 BAYSIDE DRIVE THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Mr. Arthur Yelsey with respect to property located at 1550 Bayside Drive, and legally described as Parcel 1 of Parcel Map No. 279 -27 (Resubdivision 979), requesting approval of Use Permit No. 2002 -016 that would authorize the submitted request for a waiver of the off - street parking requirements associated with converting an existing outdoor patio into a sunroom. Section 2. A public hearing was held on June 20, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the 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 location for the proposed sunroom 'requiring this use permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the APF 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. The use permit pertains to the parking required in association with the enclosure of an existing patio adjacent to the rear side of an existing office building. This approval will not be detrimental to the area because it has been conditioned in such a manner to eliminate the traffic and parking impacts associated with the enclosure of the patio. 2. The operational characteristics of the proposed sunroom and the plans as conditioned, particularly the exclusion of mechanical appurtenants for heating and cooling the space, are the reasons for granting the parking waiver. The sunroom is to provide space for support activities that are ancillary to the normal operations of an office building. The parking demand for such space will be less than the requirement as prescribed by the Zoning Code. The probable long -term occupancy of the project will not generate additional parking demand. Any change in the operational characteristics, particularly any change in the use of the sunroom that would allow it to become workspace, would require an amendment to the Use Permit, reviewed by the Planning Commission, with the parking waiver reconsidered. 3. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). Exhibit No. 1 I City of Newport Beach Planning Commission Resolution No. Page 2 of 3 Section 4. Based on the aforementioned findings, the Planning Commission approves Use Permit No. 2001 -040, subject to the conditions set forth in Exhibit "A ", the plans dated June 20, 2002. 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 201n DAY OF JUNE 2002. IM Im Larry Tucker, Chairman Earl McDaniel, Secretary X061 NOES: 0 City of Newport Beach Planning Commission Resolution No. Paize 3 of 3 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2002-016 1. The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated June 20, 2002. 2. Use Permit No. 2002 -016 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. Any change in the operational characteristics, particularly any change in the use of the sunroom that would allow it to become retail or office space, would require an amendment to the Use Permit, requiring review by the Planning Commission, with the parking waiver reconsidered. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 5. The patio area to be enclosed as a sunroom shall not exceed 383 square feet of area and shall have a maximum height of 11 feet. 6. No mechanical appurtenants are permitted for the sunroom that would allow the space to be cooled or heated. 7. The project site shall maintain 27 off - street parking spaces at all times. 8. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. F: \USERS\PLN \Shared \PA's\PA2002 - 077 \UP2002 -016 resolution.doe I