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HomeMy WebLinkAbout29 - Fluter Mixed Use Project - 2410 Newport BoulevardRUSSELL E FLUTER 2025 West Balboa Bhd Newport Beach CA 92663 949 673 3777 Dcccmber 8 2000 CO ELL —(t " 1 32 I l c RM1 CFax City Clerk C'i 949 644 3039 Mayor and City Council COUNCIL AGENDA City of Newport Beach NO c201 12-12.00 3300 Newport Blvd Newport Beach CA 92663 Rc Hluter muted use project at 2410 Newport Blvd Newport Beach Site Plan Review No 79 Usc Permit No 3685 and Variance No 1239 Dear Mayor and City Council Members Please continue the above referenced hearing to the first council meeting in January to allow new council members time to analvze the project Thank you RUSSIA E Fluter 1E�'�gr CITY OF NEWPORT BEACH Hearing Date: December 12, 2000 c� o PLANNING DEPARTMENT Agenda Item No.: 29 _ 3300 NEWPORT BOULEVARD Staff Person: James Campbell NEWPORT BEACH, CA 92658 (949) 644 -3210 (949) 644 -3200; FAX (949) 644 -3250 Appeal Period: None REPORT TO THE CITY COUNCIL PROJECT: Fluter Mixed Use Project (Sterns Architecture) 2410 Newport Boulevard SUMMARY: A request to construct a mixed use building with 1,500 square feet of commercial space and 2 residential units. The Use Permit would allow the project with a reduced commercial FAR of 0.15 where 0.25 is required. The Variance would allow a minor reduction in landscape area within the required front yard setback area abutting Newport Boulevard. ACTION: Take one of the following actions: 1. Uphold the Decision of the Planning Commission to Deny Site Plan Review No. 79, Use Permit No. 3685 and Variance No. 1239. 2. Reverse the decision of the Planning Commission and Approve Site Plan Review No. 79, Use Permit No. 3685, and Variance No. 1239. LEGAL DESCRIPTION: Lots 12 & 13 of Block 223 of Section A together with a portion of Lot 2, Section 33 GENERAL PLAN: Recreational, Marine Commercial ZONE: SP -6 Cannery Village/McFadden Square Specific Plan (RMC - Recreational, Marine Commercial) OWNER: Russell E. Fluter, Newport Beach Discussion On November 9, 2000, the Planning Commission denied the project upon a finding that the proposed project is incompatible with surrounding uses (See minutes, Exhibit No. 1). The decision was called up for review by Councilmember Ridgeway. The proposed project is mixed -use with 1,500 square feet of retail uses and two residential units. Attached to this report is the Planning Commission staff report which contains a complete project description and analysis of the proposed project (Exhibit No. 2). The project site is the vacant lot between the Balboa Boat Yard and Hooters Restaurant located on the border between Cannery Village and McFadden Square. The Planning Commission decision was reached with the Commission's understanding that the zoning of the property permits mixed -use (commercial & residential) development. The Commission was unable to make one of the required findings for approval of the Site Plan Review application. This finding, which is contained in Section 20.92.030, states that the "development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City." The Commission was concerned that the rather intensive nature of the specific abutting land uses will create nuisances to the future residents of the site and therefore the proposed residential component of the project is inherently incompatible. In response to the issue of land use compatibility, the applicant appears willing to implement additional mitigation in exchange for favorable consideration of the project. In the attached letter (Exhibit No. 3), the applicant states that he will take steps to provide full disclosure of the abutting land uses to prospective tenants through a covenant or notice recorded on the title of the property. Additionally, the applicant states that enhanced mechanical ventilation will be provided such that there will be reduced need to open the windows. Staff believes this to mean that air conditioning will provided. Conclusion Should the City Council wish to uphold the decision of the Planning Commission to deny the project, the findings adopted by the Planning Commission should be affirmed by the City Council. If the City Council desires to reverse the decision of the Planning Commission, staff recommends that the City Council adopt the findings and conditions of approval contained in the Planning Commission staff report attached as Exhibit No. 2. Submitted by: PATRICIA L. TEMPLE Planning Director Exhibits Prepared by: JAMES W. CAMPBELL Senior Planner Ca4XeLl/ Excerpt of the draft minutes of the November 9, 2000 Planning Commission meeting. 2. Planning Commission staff report dated November 9, 2000. 3. Letter from the applicant dated November 29, 2000. \\ MIS— l\SYS\ USERS\PIMSHARED \1PLANCOM\2000\I I- 09peTtuter Mixed use\0685council mpor(DOC Site Plan Review No. 79, Use Permit No. 3655 & Variance No. 1239 December 12, 2000 Page 2 Z DRAFT City of Newport Beach Planning Commission Min_ utes November 9, 2000 INDEX SUBJECT: Fluter Mixed Use Project (Sterns Architecture) Item No. 5 2410 Newport Boulevard UP No. 3685 • Use Permit No. 3685 Site Plan Review • Site Plan Review No. 79 No. 79 A request to construct a mixed use building with 1,500 square feet of commercial Denied space and 2 residential units. The Use Permit would allow the project with a reduced commercial FAR of 0.15 where 0.25 is required. The Variance would allow a minor reduction in landscape area within the required front yard setback area abutting Newport Boulevard. Public comment was opened. Russ Fluter, 2025 West Balboa Boulevard stated that he agrees with the findings and conditions of approval. Commissioner Kiser asked if the landscape is what requires the Variance, the fact that there is only 42% versus 50% landscaping provided in the front yard? What alternatives might there be in designing the project and why you have to come for a variance on the landscaping? Mr. Fluter answered that when the landscape requirement was put in the Cannery Village /McFadden zone, this particular site or one like it was not anticipated. The typical lot in the Cannery Village is 30 x 93 foot lot that abuts an alley. This project, the only to gain access to the property is to create a driveway on half the property. You also need a walkway to get into the property because the code requires a walkway in addition to the driveway. That cuts you out of 507o no matter how you do it. This project is in the McFadden Square area border. Commissioner McDaniel noted that this is supposed to be a commercial area. It seems like we are putting housing in the middle of a commercial area. Mr. Fluter answered that the minimum requirement for commercial in this project is .25, which is 1,000 square feet more than I have. When you try to lay this site out that would require an additional four parking spaces. The site is allowed for both residential and commercial. One side of the site is Hooters Restaurant and the Balboa Boat Yard is on the other side. Commissioner Kranzley asked the applicant how he was going to attract tenants that aren't going to be sitting in here protesting every restaurant use and boat yard use in the future. I am concerned about the fact that we are sticking residential in the middle of fairly active commercial, which has been very difficult in this area of town. Mr. Fluter opined that is what makes the area great. Across from the boatyard are condominiums. We have had very little complaints. This site will have views 50 3 Exhibit No. 1 City of Newport Beach Planning Commission Minutes November 9, 2000 over the boat yard. This is a loft project surrounded by commercial; it is not in a residential area. Anybody who rents or buys a residence in this kind of a neighborhood is going to know where they are buying and they are going to like it. Commissioner Kranzley asked for an explanation of the easement issue. I have this vision that we will have some bayfront walkway. Mr. Campbell stated that the Municipal Code requires that an easement be created that is 6 feet wide, horizontally abutting the bay. The required easement is to be recorded. Staff is recommending that we do an irrevocable offer to dedicate that issue. That offer to dedicate would be recorded against the property. If one of the abutting land uses does redevelop at some point in time, we can get a connection and the easement could then be recorded. Commissioner Kranzley clarified that we do not have an easement recorded on this piece of property, in the future we have the right to have an easement. That easement would never represent a taking of this property from the owner of the property. Public comment was closed. Chairperson Selich noted his concern of this project. It is not good policy to be putting residential properties in between boat yards, I realize that the zoning permits that in this area, although it certainly does not mandate it. You can do all commercial on the property. If he wasn't asking for a FAR change and less landscaping, he would not be here and could just go in and get a building permit. Mr. Campbell noted that a Site Plan Review application is also before you that has specific findings of compatibility. There is a. discretionary action and would come before the Planning Commission even without the FAR change or landscaping. Continuing, Chairperson Selich noted this is not a compatible use the way it is designed. The mixed -use provisions do not mandate that this be done and I do not believe it is within the intent of mixed -use development. It is primarily a residential use with little commercial. We are basically approving a residential use between a boat yard and a restaurant bar facility. I just can not support it. Commissioner Kranzley asked the applicant how he would feel about conditions regarding types of windows and things that would be in the residential portion of this application such as quadruple paned, etc. for soundproofing as much as possible? I have the same vision of how mixed use should work. Mr. Fluter answered that he would not have a problem with that. He stated that the architecture would be a handsome building and have a theme of the area 51 INDEX City of Newport Beach Planning Commission Minutes November 9, 2000 that when people drive by will be uplifted. I agree that there is a problem with the mixture of residential and commercial, but I would like to see a beautiful new building there than if someone put a 2500 straight commercial building there. I could put in air conditioning and talk to a sound acoustical engineer for further suggestions. Ms. Temple agreed that a requirement for an acoustical study be prepared to address sound attenuation within the residential structures be submitted prior or with the building application is within reason. All recommendations of that study would then be implemented within the project. Our current interior noise standard is 45 dBA. The question would be do you want to impose a more stringent standard than that. Commissioner Agoicnian noted his concern with the design of the project. He stated he is in support of the project. Commissioner Kiser asked if there would be any problems with residents on this particular site between these two uses. Problems for the City in the way of lawsuits? Ms. Clauson noted that regarding lawsuits by virtue of the fact that we have placed residential there and somebody buys a house there, I don't believe so. As far as future problems when somebody who owns the property next door wants to redevelop it make a change, sure there may be potential problems there. There is a potential problem with people complaining about noises next door for the operations of the boat facility, but in the case of that we would direct those property owners that it is a private nuisance issue. Ms. Temple noted that we are involved with actual code enforcement issues with the boat yard due to complaints from the adjoining 29th Street Marina residents having to do with early morning boat deliveries and back up bells, etc. that are creating complaints. We have not closed that file yet, as the issue has not been resolved yet with the business owner. Commissioner Kiser noted residential uses with commercial creates a nice community, but to the extent it is going to create a lot of problems in the future as residential uses are intermixed with the boat yard uses, I wonder whether this would start a trend towards losing all the boat yard marine type uses over time. Chairperson Selich noted that there is a variance being requested. There are strict standards for approving variances and other instances. They have mainly been for hillside areas, but one of the things we have to look at for consistency is the grounds for granting a variance. I don't see the grounds myself particularly in relation to the standards set in reviewing other variances. INDEX Commissioner McDaniel noted that mixed use could work, but we have created an island here. We have a boat yard on one side and a restaurant on the other 52 S City of Newport Beach Planning Commission Minutes November 9, 2000 side that will be noisy and there is no place for this to expand. There is one little place here. I don't think it is fair to the boat yard to be putting someone who is bound to have concerns about early morning deliveries and doing boat work. That is what was there first and that is what it was zoned for originally to have that kind of businesses on the water, which will require access to the water. I couldn't support this. Ms. Clauson at Commission inquiry noted that the City is not liable for the issuance of a permit approval or something to operate within the Code. You have residences there and issues that will come up in the future and the complaints that the City will have to address when they occur. Commissioner Gifford noted her support of the comments made by the Chairperson. She noted that she is not persuaded to make findings for a variance and in terms of a commercial loft area, with the boat yard there it is akin to being industrial. I don't think our obligation is necessarily to the boat yard or to the surrounding property owners, I think it is a matter of good planning. I don't think this is workable, putting residential in there. Motion was made by Chairperson Selich to deny Site Plan Review No. 79, Use Permit No. 3685 and Variance No. 1239 subject to the findings for denial in Exhibit 2 of the staff report. Ayes: McDaniel, Kiser, , Selich, Gifford Noes: Agajanian, Kranzley Absent: Tucker Exhibit No. 2 Findings for Denial Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 Surrounding uses include a boat yard and a restaurant. The City has experienced in the past and continues to experience land use conflicts between residential uses and boat yards and restaurants. The adjacent boat yard is an intensive marine - related, industrial activity permitted within the RMC district that has the potential to cause nuisances to residents of the project in the form of noise, refinishing activities and motor maintenance. Introduction of the residential uses adjacent to this use will generate complaints and pressure to regulate the boat yard in order to make it compatible with the project. Potentially further regulating the adjacent boat yard is contrary to the City's goal to preserve waterfront land for these necessary harbor activities. The adjacent restaurant is permitted to be open till IOPM on Sunday, 1AM Monday to Thursday and 2AM Friday and Saturday and is a permitted use. Activities within the restaurant as well as patron activity in the parking lot during the late night hours may become a nuisance to abutting residents. Permitting residences INDEX 53 (p 1'. City of Newport Beach Planning Commission Minutes November 9, 2000 adjacent to the restaurant will generate complaints and increased pressure to further regulate the restaurant contrary to its permitted operational characteristics. Therefore, the proposed project is inconsistent with the abutting uses 2. The Zoning Code requires that a mixed -use project provide a minimum of 0.25 FAR in order to create viable commercial spaces. The proposed commercial spaces are not large enough to accommodate viable retail or marine - related businesses. The bayside suite is 1,000 square feet in area and due to its lack of visibility from Newport Boulevard, retail uses are unlikely. Although office the site is large enough for office uses, non - marine - related office uses are only permitted when 40% of the commercial area on the site is occupied with marine incentive use. Therefore, the marketability of the unit is very limited. The streetside suite is 500 square feet and due to its size, the suite would tend to favor a small office use rather than a retail use. The suite is located close to Newport Boulevard, and therefore has very good visibility; the size of the suite is very limiting for a retail establishment. Due to these limiting factors, compliance with the requirement that 40% of the commercial area be devoted to marine incentive uses is questionable. Larger and more viable commercial spaces will assist in compliance with the marine incentive use requirement. INDEX 54 1 iaEW�Ar CITY OF NEWPORT BEACH Hearing Date: November 9, 2000 PLANNING DEPARTMENT Agenda Item No.: S 3300 NEWPORT BOULEVARD Staff Person: James Campbell NEWPORT BEACH, CA 92658 (949) 644 -3210 (949) 644 -3200; FAX (949) 644 -3250 Appeal Period: 14 days REPORT TO THE PLANNING COMMISSION PROJECT: Flutter Mixed Use Project (Sterns Architecture) 2410 Newport Boulevard SUMMARY: A request to construct a mixed use building with 1,500 square feet of commercial space and 2 residential units. The Use Permit would allow the project with a reduced commercial FAR of 0.15 where 0.25 is required. The Variance would allow a minor reduction in landscape area within the required front yard setback area abutting Newport Boulevard. RECOMMENDED ACTION: Approve Site Plan Review No. 79, Use Permit No. 3685, and Variance No. 1239 subject to the findings and conditions of approval attached as Exhibit 1. LEGAL DESCRIPTION: Lots 12 & 13 of Block 223 of Section A together with a portion of Lot 2, Section 33 GENERAL PLAN: Recreational, Marine Commercial ZONE: SP -6 Cannery Village/McFadden Square Specific Plan (RMC - Recreational, Marine Commercial) OWNER: Russell E. Fluter, Newport Beach POINTS AND AUTHORITY: 1. Conformance with the General Plan and Local Coastal Program The site is designated Recreational, Marine Commercial by both the General Plan and Local Coastal Program. This designation has been is applied to waterfront commercial areas where the City wishes to preserve and encourage uses which facilitate a marine commercial and visitor serving orientation. The Cannery Village and McFadden Square areas both permit residential uses on the second floor above permitted commercial uses. 2. Conformance with the Zoning Ordinance a. Site Plan Review procedures are set forth in Chapter 20.92 of the Municipal Code. b. Use Permit procedures are set forth in Chapter 20.91 of the Municipal Code. c. Variance procedures set forth in Chapter 20.91 of the Municipal Code d. Cannery Village/McFadden Square Specific Area Plan requirements contained within Chapter 20.43 of the Municipal Code. Exhibit No. 2 3. Compliance with the California Environmental Quality Act (CEQA) This project has been reviewed, and it has been determined that it is categorically exempt pursuant to Section 15303 (Class 3, New Construction or Conversion of Small Structures) of the California Environmental Quality Act Implementing Guidelines. This exemption permits the construction of up to three single family dwellings or up to 10,000 square feet of commercial structures. The project consists of two residential units and 1,500 square feet of retain space and the impact of combining the two uses will generate impacts less than a 10,000 square foot commercial building. Vicinity Map Sterns Architecture Use Permit No. 3685, Site Plan Review No. 79 & Variance No. 1239 Current Development: Vacant graveled lot used for informal, private parking arrangements To the north: B alboa Boat Yard — a boat haul out and repair facility To the east: Newport Bay with a commercial boat slip, Lido Peninsula To the south: Eating and drinking establishment (Hooters) To the west: City parking lot, commercial uses Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 2 11 Introduction The applicant requests approval of a Site Plan Review, Use Permit and Variance to construct a mixed -use (commercial/residential) development on a 9,814 square foot site located in the Cannery Village/McFadden Square Specific Area Plan. The project site is located approximately 75 feet south of the intersection of 26'h Street and Newport Boulevard on the northeast side of the street abutting Newport Bay. The project consists of the construction of two separate, three story buildings, one located adjacent to Newport Bay and the other abutting Newport Boulevard. Between the two buildings, 6 commercial parking spaces are proposed at- grade. The bayside building will have 1,000 square feet of commercial space on the ground floor and a 4 car garage for the residential unit above. The unit above has two levels with 2,893 square feet of total living area. The streetside building has 500 square feet of commercial space on the ground floor and a two car garage for the residence above. The unit above has two levels and will span over the access driveway and have 2,209 square feet of total living area. The two existing boat slips will be provided for the residents of the project. Project Area Characteristics 2410 Newport Boulevard Bayside building Streetside building garage 817 garage 476 1 st floor residential 230 1 st floor residential 188 1 st floor commercial 1,000 1 st floor commercial 500 2nd floor 2,175 2nd floor 1,523 Mezzanine (3rd floor) 488 Mezzanine (3`d floor) 498 Subtotal 4,710 Subtotal 3,185 Residential area 3,710 Residential area 2,685 Commercial area 1,000 Commercial area 500 Summary Site Area 9,814 Total residential area Residential FAR Total commercial area Commercial FAR Total building Area Total FAR 6,395 0.652 (0.75 maximum) Project Complies 1,500 0.153 (0.25 minimum) Project Deficient 7,895 0.804 (1.25 maximum) Project Complies • Retail uses permitted without restriction • Office permitted in conjunction with marine incentive uses only 10 Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 3 Analysis Project approval requires a Site Plan Review pursuant to the Cannery Village/McFadden Square Specific Area Plan (Chapter 20.43). Additionally, the project does not provide the minimum required commercial area for a mixed use building which requires consideration of a Use Permit. Lastly, the project does not provide the minimum 50% landscaping within the required front yard which requires approval of a variance. Site Plan Review There are twelve standards to be applied in a Site Plan Review. These are listed below with a evaluation of the project in relation to each. A. Sites subject to site plan review under the provisions of this chapter shall be graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, and landscape, giving special consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas; trees and shrubs shall not be indiscriminately destroyed: The site is flat, paved with asphalt and gravel with no trees or shrubs, no unique natural landforms or coastal bluffs or other environmental resources. The building pad elevation of the streetside building is below the minimum of 6.27 feet above mean sea level and will require raising approximately 1.52 feet. This change in grade is necessary to provide minimum flood protection and does not constitute significant alteration of the site as the grade will be similar to abutting properties. B. Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City: Surrounding uses are varied including marine uses, restaurants, visitor serving commercial and mixed -use developments. The project is a continuation of the mixed —use development concept prevalent in the Cannery Village/McFadden Square area especially to the north of the project site. The immediate abutting sites are a boat yard and a restaurant. The boat yard is an intensive marine- related, quasi- industrial activity that has the potential to cause nuisances to residents of the project in the form of noise, refinishing activities and motor maintenance. The adjacent restaurant is open till IOPM on Sunday, lAM Monday to Thursday and 2AM Friday and Saturday. Activities within the restaurant as well as patron activity in the parking lot during the late night hours can become a nuisance to abutting residents. The City has experienced in the past and continues to experience land use conflicts between residential uses, boat yards and especially restaurants. C. Development shall be sited and designed to maximize protection of public views, with special consideration given to views from public parks and from roadways designated as Scenic Highways and Scenic Drives in the Recreation and Open Space Element of the General Plan: The development of the site will block the limited view to the bay from Newport Boulevard. Newport Boulevard is not designated as a Scenic Highway or Drive and no public parks are in the vicinity that the project would impact views from. Although the project site provides the only glimpse of the bay from Newport Boulevard it Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 4 on the block, 26`h street is approximately 75 feet to the north and provides a similar glimpse of the bay from the public right of way. D. Environmentally sensitive areas shall be preserved and protected. No structures or landform alteration shall be permitted in environmentally sensitive areas unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission finds that the benefits outweigh the adverse impacts: The site is not within a designated Environmental Sensitive Area (ESA). The site is flat, paved with asphalt and gravel with no trees or shrubs, no unique natural landforms or coastal bluffs or other environmental resources. E. No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission finds that the benefits outweigh the adverse impacts: The site is located close to the Newport Inglewood fault zone and severe ground shaking at the project site might be experienced in a major event. Prior to the issuance of a building or grading permit, the applicant must submit a comprehensive geotechnical investigation to the Building Department for review and approval. All applicable City and State building codes and seismic design guidelines will be applied through the issuance of a building permit. F. Residential development shall be permitted in areas subject to noise levels greater than 60 CNEL only where specific mitigation measures will reduce noise levels in exterior areas to less than 60 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less: The proposed project does not have outdoor living areas and the City noise ordinance requires that interior noise levels must comply with the 45 CNEL or less standard. The applicant will be required to submit an acoustic study prior to occupancy of the residences that documents that interior noise levels meet this standard. G. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of site development: The Planning, Public Works and Building Departments have reviewed the site plan for proper pedestrian and vehicle function. The parking lot as presently designed meets applicable requirements for reasonable and safe operations. The disabled path of travel from the disabled parking space to the commercial portions of the site is behind the adjacent parking stalls which will require the issuance of a waiver by the building official due to physical constraints. This waiver is under consideration at this time and is likely to be granted as the number of parking stalls in the lot in very limited, the distance to the commercial suites is short and the width of the site is very limiting. Designing the access to be in front of the abutting stalls has been explored and the major impact of this design is a more narrow drive isle and insufficient interior landscaping to the parking area which is required by the Zoning Code. Another aspect of pedestrian access is public coastal access required pursuant to" the a Zoning Code and Coastal Act. The Zoning Code requires a 6 -foot wide horizontal easement i�L Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 5 that is parallel to the bay and a vertical easement perpendicular to the bay from Newport Boulevard to the bay. The horizontal easement area is provided within the 10 -foot setback between the bayside building and the bulkhead. The vertical easement area would be partially restricted due to a security gate and the walkway would be behind any parked vehicles. The Zoning Code requires that the Planning Commission require easements be recorded against the property for the benefit of the public. The applicant desires the ability to close the access during the night for security purposes, and would rather provide and record an "offer to dedicate" the easement which is consistent with Coastal Commission guidelines in lieu of actually establishing the easement. Staff does not have a significant objection to this scenario especially since access from the site to the north or south is blocked and is not likely to be provided in the near future. The adjacent boatyard to the north cannot physically provide a safe connection to 26 t Street further to the north and the Hooter's Restaurant building provides no setback from the bulkhead. If the abutting uses redevelop, horizontal connections will be feasible and in the case of the Balboa Boatyard, a connection to a public street will effectively eliminate the need for the vertical easement on the subject property. Under these circumstances, staff does not object to an offer to dedicate rather than an easement, although the Municipal Code specifically requires the easements to be provided and recorded. Staff is requesting that the Commission determine that an irrevocable offer to dedicate the public access easements be deemed sufficient in this case due to the circumstances of this case. H. Development shall be consistent with specific General Plan and applicable specific plan district policies and objectives, and shall not preclude the implementation of those policies and objectives: The site is on the border between the Cannery Village and McFadden Square area and is located in the McFadden Square area which extends to 26,h Street. The architectural theme identified for the McFadden Square area is as follows: "McFadden Square Theme. The McFadden Square area has an entirely different feel than the Cannery Village area. Here, historic 2 -story architecture predominates. This historic theme should be encouraged and enhanced by recreating the image of a tum -of- the - century resort center following the lead of the Doryman's Inn. Elements of "turn-of- the - century" architecture include: a. Use of materials reflecting and image of permanence, stability and strength, and quality. Materials such as ceramic tile, stone, brick and brass fit this image. b. Use of architectural styles and details reminiscent of the turn of the century era in which the area was constructed. Structures in this style in general have a strong architectural emphasis on both vertical and horizontal structural members, a regular rhythm of vertical windows, and a restrained use of ornament " The proposed project does include the use sandblasted and burnished concrete block which reflects an image of permanence and strength, but the overall architectural theme of the project is not reminiscent of the turn of the century era exhibited in the central McFadden Square area near the Newport Pier. 1.3 Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 6 The architectural flavor and design of the project is more closely associated with the maritime theme fostered by the Cannery Village area. "Cannery Village Theme. A cannery theme is recommended for the Cannery Village area. The cannery theme is reminiscent of the previous use of the area, and can provide a continuity throughout the area while preserving the variety and individuality of uses that give the area its charm. The cannery theme should be expanded to include other nautical and marine elements as appropriate. Elements of a cannery theme that may be applied to structures include: a. Use of corrugated metal shed -type buildings or siding where appropriate, with a higher level of finish than would normally be associated with such structures. b. Attractive expression of mechanical equipment and systems by incorporation into the design of structures within the height limit. C. Use of nautical devices in signs, architectural details and decoration, such as heavy rope, pilings, timbers, brass fixtures, etc." The project uses galvanized metal exterior finishes for walls, roofs and window awnings. Exposed steel beams and metal canopies accent the architecture. Modest use of stucco offsets the use of sandblasted concrete with metal lintels for exterior wall finishes. Although the architect has not included specific nautical elements, the overall architectural theme meets the guidelines of the Specific Plan. The project is on the border between the Cannery Village and McFadden Square area, and although it is within the designated McFadden Spare area, the site is separated from the central area where there traditional McFadden Square architectural theme is exhibited. Therefore, given this separation and the site's proximity to the Cannery Village area, deviating from that theme in exchange for the Cannery Village theme is acceptable in staff's opinion. The site is designated for Recreational Marine Commercial uses. This designation was applied to waterfront commercial areas where the City wished to preserve and encourage uses which facilitate a marine commercial and visitor serving orientation. The Cannery Village and McFadden Square areas both permit residential uses on the second floor above permitted commercial uses, but the presence of residences at the site could have an impact upon the preservation of the abutting boatyard if conflicts arise. Expansion the adjacent boatyard would be precluded with the development should that expansion of the boatyard ever be considered. L Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources: The site is flat and devoid of sensitive resources and the development project does not require significant alteration of the site and is therefore compatible with the site. 14 Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 7 J. When feasible, electrical and similar mechanical equipment and trash and storage areas shall be concealed: Electrical and mechanical equipment is not shown on the plans and staff has included a condition of approval that these devices be either located underground or concealed. Trash storage areas are not specifically delineated on the plans, and the applicant intends that trash storage be accommodated within the commercial spaces and residential garages, and they will only be visible for trash - pickup. K. Archaeological and historical resources shall be protected to the extent feasible; No known archaeological and historical resources are known to exist and are unlikely to exist due to the nature of the site as a disturbed and partially filled site. L. Commercial development shall not have significant adverse effects on residences in an abutting residential district: There are no abutting residential districts. There are residences nearby located to the north side of 26`h street within a mixed use building. The commercial component of the project is not likely to have a significant effect upon these residences due to the limited area and limitation to retail or office uses. Use Permit Section 20.43.050 (0) specifies that the minimum amount of commercial area within a mixed use building be 0.25 FAR. The project provides 1,500 square feet which is 0.153 FAR and is 953.5 square feet deficient. Project approval requires the consideration of a Use Permit subject to specific findings set forth in Section 20.63.040.D. 1. That the proposed commercial space constitutes a significant portion of the project. The proposed commercial space constitutes 19% of the project square footage. Although the area is smaller that the residential area, the residential area includes the enclosed garage spaces and therefore the commercial space constitutes 29.4% of the livable residential area. This amount of area is not insignificant to the overall project. 2. That the proposed commercial space is large enough to accommodate a viable business. The bayside suite is 1,000 square feet in area and can easily accommodate a small commercial enterprise. The location on the bay does not favor retail uses due to its lack of visibility to Newport Boulevard. The streetside suite is 500 square feet and can accommodate a very small business. The size of the suite would tend to favor a business or professional office use, but due to the good visibility of the suite from Newport Boulevard, a small retail business is highly possible in staffs opinion. The Commission should consider the that the commercial area has limitations due to its designation of Recreational Marine Commercial. Non - marine related office uses can only be accommodated when 40% of the commercial area of the site is occupied with a marine related incentive use. Therefore, 600 square feet of the project must be occupied with a marine incentive use before any non - marine related office uses. Most general retail uses can occupy the entire site without limitations. The applicant operates a real estate business and specializes in the Cannery Village area has experience with the leasing limitations. This experience will assist the city in ensuring that the marine related commercial uses or retail uses will occupy the site in compliance with the Zoning Code limitations. IS Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 8 The commercial spaces will very desirable to artists, architects or other professionals who might desire a live /work environment. Staff is supportive of this kind of environment as it reduces traffic and is a growing market segment, but this aspect of the design of the project will increase pressure away from including marine- related uses. Strict compliance with the minimum commercial standard for a mixed use project would produce a total of 2,453.5 square feet of commercial space which would require 10 commercial parking spaces. The increased commercial area and parking would most likely require a parking garage placing some the commercial and residential components above. The applicant has indicated that this is not financially feasible. Another option is to have an exclusive commercial project which using the base development allocation of 0.50 FAR, a 4,907 square foot building could be constructed which would require a minimum of 20 parking spaces. This development scenario would place the commercial area above a parking garage and the applicant again indicates would make the project financially infeasible given the current commercial market. This viewpoint could support the perspective that the proposed project is primarily a residential project, although the inclusion of 1,500 square feet is not insignificant in staff's opinion All use permits are subject to the general finding that states, "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." The reduction of commercial area is the subject of the use permmit and it facilitates the feasibility of the mixed -use project. Therefore, evaluating the project as a whole is necessary. The project introduces residential uses between two intensive commercial uses and the General Plan, through the RMC designation, fosters the maintenance of existing marine- related uses and preservation of sites for these uses. Variance The proposed project does not strictly comply with the minimum landscaping within the required front yard and thus, project approval requires the approval of a variance as Section 20.43.050 (J) requires that a minimum or 5% of any exterior paved parking area and a minimum of 50% of the area of the required front yard shall be devoted to planting areas. The project devotes only 42% percent of the required front yard to plantings. Section 20.91.035(B) of the Newport Beach Municipal Code provides that in order to grant any variance, the Planning Commission must make the following findings: 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. ]b Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 9 3. That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same Zoning district. 4. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. Unfortunately, in the Cannery Village/McFadden Square specific plan, there is no provision for a portion of the landscape area to be devoted to decorative paving as is allowable in the Central Balboa Specific Plan. The reduced landscape percentage is necessary in order to provide required vehicular access and disabled access to the site. The site is 50 feet wide and has no alley access typical of the Cannery Village/McFadden Square Area. Without alley access to provide vehicle access from the rear or other site access from private property, access for vehicles and the disabled is mandatory through the front yard. This access requires a minimum of 29 feet in width which is 58% of the required front yard of this site. Strict application of the 50% required front yard landscaping standard would either eliminate complying disabled access to the site from the sidewalk or create a substandard vehicular driveway which increases hazards. Staff believes that safe vehicular access and minimum complying disabled access are higher priorities than the additional 20 square feet of landscaping which would be otherwise be required. Therefore, strict application of the landscaping and access standards in this case, given the width and location of the property, deprive the property owner of the privilege of developing his property in a safe manner. The applicant has increased the building setback 1 additional foot thereby increasing the landscape area in front of the building although the increased areas is technically outside the required front yard setback area. This increased area will provide equal area to what would be required if 50% of the required yard were landscaped. Therefore, due to these circumstances, the project and variance approval meets the legislative intent of the code which is to ensure that adequate landscaping along the street is provided. For these reasons, staff believes that the findings for the variance can be made. Zoning Ordinance Compliance The project complies with other applicable zoning ordinance requirements. The proposed buildings comply with the height limitation where the midpoint of the sloping roof does not exceed 26 feet and the maximum height of the peak roof does not exceed 31 feet. The project meets applicable setback requirements of the zoning district which is 5 feet on the front, 0 feet on the sides and 10 feet from the bulkhead. The project requires 6 parking spaces for the commercial area and a two spaces per dwelling unit. The project provides 6 parking spaces in the open parking lot and a 2 -car garage for the streetside unit and a 4 -car garage for the car garage for the bayside unit. Landscaping is provided interior to the parking area that meets the minimum 5% requirement (the front yard landscaping deviation was discussed previously). The proposed project has a 0.804 total Floor Area Ratio (FAR) which is below the 1.25 FAR maximum. Building bulk is a separate calculation and in this application, it is identical to the FAR and is less than the 1.25 FAR. Lastly, the only other major issue regarding zoning compliance is the requirement that public access easement to the waterfront be required. This issue was discussed previously in this report, and staff recommends that the Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 10 Commission require the owner record irrevocable offers to dedicate the minimum public access easements at this time. The project complies with all other applicable requirement of the Zoning Ordinance. Recommendation Staff believes that there are sufficient grounds for project approval. The architectural design of the project is compatible with the Cannery Village/McFadden Square architectural themes with its use of materials and architectural features. Staff believes that the reduced size of the commercial spaces are viable for a limited segment of the commercial market demand. The reduced landscaping of the front yard is justifiable due to the physical constraints of the site and approval of the requested variance is appropriate in Staffs opinion. Staffs only reservation is with the location of the project which introduces residential uses adjacent to intensive commercial uses. The proximity of the project to the Balboa Boat Yard and to a late night restaurant may create future conflicts between the residents and these businesses. However, compliance with noise ordinance requirements should minimize potential conflicts. The impact of the project upon objective of the City to maintain marine- related uses is an important consideration for this project. If the Planning Commission believes that the project is not compatible with this General Plan goal, the project should be denied. Lastly, the site is vacant and development of the site would provide general improvement to the area. Submitted by: PATRICIA L. TEMPLE nPlanning Director Exhibits 1. Findings and conditions of approval 2. Findings for denial Prepared by: JAMES W. CAMPBELL Se 'or Planner 3. Site Plan, Floor Plans & Elevation drawings. \\MIS- I\SYS\USERS\PLN\ SHARED \IPLANCOM\2000\I I- 09pffluter Mixed use \0685- pereport.DOC I Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 11 Exhibit No.1 Findings and Conditions of Approval Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 FINDINGS Site Plan Review The site is flat, paved with asphalt and gravel with no trees or shrubs, no unique natural landforms or coastal bluffs or other environmental resources, and therefore, the proposed project will not significantly impact significant resources. The site is not within a designated Environmental Sensitive Area (ESA). The site is flat, paved with asphalt and gravel with no trees or shrubs, no unique natural landforms or coastal bluffs or other environmental resources, and the development project does not require significant alteration of the site and is therefore compatible with the site. 2. The site is designated for Recreational Marine Commercial (RMC) uses by the General Plan and is located within McFadden Square area. The RMC designation was applied to waterfront commercial areas where the City wishes to preserve and encourage uses which facilitate marine commercial uses and a visitor serving orientation. The General Plan permits residential uses on the second floor above permitted commercial uses in the McFadden Square area, and the project is provides residential uses on the second floor above permitted commercial uses, therefore the project is consistent with the General Plan. Although the introduction of new residential uses to the area could have an impact upon the preservation of the abutting boatyard and operation of the adjacent restaurant, residents of the facility will be afforded full disclosure of abutting uses before occupancy. Although expansion the adjacent boatyard would be precluded with the proposed project, the Balboa Boat Yard has been in operation for many years and its expansion is a private consideration and has not been sought. The proposed project will not preclude the continued operation of the boatyard. 3. The site is on the border between the Cannery Village and McFadden Square area and is located in the designated McFadden Square area which extends to 26h Street. The proposed project does include the use sandblasted and burnished concrete block which reflects an image of permanence and strength identified as a thematic element of the McFadden Square area. Although the overall architectural theme of the project is not reminiscent of the turn of the century era exhibited in the central McFadden Square area near the Newport Pier, the architectural flavor and design of the project is closely associated with the maritime theme fostered by the Cannery Village area. The project uses galvanized metal exterior finishes for walls, roofs and window awnings. Exposed steel beams and metal canopies accent the architecture. Modest use of stucco offsets the use of sandblasted concrete with metal lintels for exterior wall finishes. Although the architect has not included specific nautical elements, the overall architectural theme meets the guidelines of the Cannery Village architectural theme and therefore, the project is consistent with the Cannery Village/McFadden Square Specific Plan. Iq Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 12 4. Surrounding uses are varied including marine uses, restaurants, visitor serving commercial and mixed -use developments. The project is a continuation of the mixed —use development concept prevalent in the Cannery Village/McFadden Square area especially to the north of the project site. The immediate abutting sites are a boat yard and a restaurant which have the potential to cause nuisances to residents of the project. Although the introduction of new residential uses to the area could have an impact upon the preservation of the abutting boatyard and operation of the adjacent restaurant, residents of the facility will be afforded full disclosure of abutting uses before occupancy. No outdoor livings spaces are provided with the project which will assist in reducing potential conflicts. The boatyard is a daytime use and the project will be required to incorporate construction techniques that attenuate exterior noise sources accordance with the Newport Beach Noise Ordinance. 5. The development of the site will block the limited view to the bay from Newport Boulevard which is not designated as a Scenic Highway or Drive. No public parks are in located the vicinity that the project would impact views from. Although the project site provides the only glimpse of the bay from Newport Boulevard on the block, 26"' street is approximately 75 feet to the north and provides a similar glimpse of the bay from the public right of way. 6. The site is located close to the Newport Inglewood fault zone and severe ground shaking at the project site might be experienced in a major event. Prior to the issuance of a building or grading permit, the applicant must submit a comprehensive geotechnical investigation to the Building Department for review and approval. All applicable City and State building codes and seismic design guidelines will be applied through the issuance of a building permit, and therefore the proposed project will be sufficiently protected. 7. The proposed project does not have outdoor living areas and the City noise ordinance requires that interior noise levels must comply with the 45 CNEL or less standard. The applicant will be required to submit an acoustic study prior to occupancy of the residences that documents that interior noise levels meet this standard. 8. The parking lot as presently designed meets applicable requirements for reasonable and safe operations based upon the review -of Planning, Public Works and Building Departments. Subtle alterations may be necessary to ensure adequate disabled access. 9. The Zoning Code requires a 6 -foot wide horizontal easement that is parallel to the bay and a vertical easement perpendicular to the bay from Newport Boulevard to the bay to be recorded. A recorded "offer to dedicate" the easement in lieu of actually establishing the easement is consistent with Coastal Commission guidelines and is satisfactory in this case due to the nature of the project and its location. Access from the site to the north or south along the bay is blocked and is not likely to be provided in the near future. The adjacent boatyard to the north cannot physically provide a safe connection to 26h street further to the north and the Hooter's Restaurant building provides no setback from the bulkhead. When the abutting uses redevelop, horizontal connections will be feasible and in the case of the Balboa Boatyard, a connection to a public street will effectively eliminate the need for the vertical easement on the subject property. Lastly, the project provides a residential component and security of the site is necessary. AD Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 13 10. Electrical and mechanical equipment are not shown on the plans and approval of the project is based upon an understanding that these devices be either located underground or concealed. Additionally, trash storage areas are not specifically delineated with the project and approval of the project is based upon an understanding that the areas will be either accommodated within the commercial spaces and residential garages, or within screened enclosures, and they will not be visible to the public except for trash - pickup. 11. No known archaeological and historical resources are known to exist and are unlikely to exist due to the nature of the site as a disturbed and partially filled site. 12. There are no abutting residential districts, and therefore the proposed project will not likely have a significant effect upon residences in the area. Use Permit 1. The proposed commercial space is 19% of the total project square footage and constitutes 29.4% of the livable residential area. This amount of area is not insignificant to the overall project. 2. That the proposed commercial spaces are large enough to accommodate viable businesses. The bayside suite is 1,000 square feet in area and can accommodate a small commercial venture. The location on the bay does not favor retail uses due to its lack of visibility to Newport Boulevard, but the suite is large enough to facilitate several offices. The streetside suite is 500 square feet and can accommodate a very small business. The size of the suite would tend to favor a small office use, but due to the good visibility of the suite from Newport Boulevard, a small retail business is very possible. Strict compliance with the minimum commercial standard for a mixed use project would increase the parking requirement, and the increased commercial area and parking would most likely require a parking garage placing residences and possibly commercial space above. This design scenario would not be conducive to-providing viable commercial spaces due to its potential separation from the ground or decreased visibility. The increase commercial space would also come at the expense of one or both residential units due to need for additional space to accommodate both increased commercial space and parking. 3. The site is designated for Recreational Marine Commercial uses by the General Plan. This designation was applied to waterfront commercial areas where the City wishes to preserve and encourage uses which facilitate marine commercial uses and a visitor serving orientation. Although residential uses are not addressed within the description of the RMC designation, the Canary Village/McFadden Square Specific Area Plan permits residential uses on the second floor above permitted commercial uses, and therefore the use is consistent with the General Plan. Although the introduction of new residential uses to the area could have an impact upon the preservation of the abutting boatyard and operation of the adjacent restaurant, residents of the facility will be afforded full disclosure of abutting uses before occupancy. Although expansion the adjacent boatyard would be precluded with the proposed project, the Balboa Boat Yard has been in operation for many years and its expansion is a private consideration and has not been sought. The proposed project will not preclude the continued operation of the boatyard. Therefore, the project will not be detrimental to the 11 Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 14 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. Variance 1. The reduced landscape percentage is necessary in order to provide minimum required vehicular access and disabled access to the site. The site is 50 feet wide and has no alley access typical of the Cannery Village/McFadden Square Area. Without alley access to provide vehicle access from the rear or other site access from private property, access for vehicles and the disabled is must be through the front yard. This access requires a minimum of 29 feet in width which is 58% of the required front yard of this 50 -foot wide site. Strict application of the 50% required front yard landscaping standard would either eliminate complying disable access to the site from the sidewalk or create a substandard vehicular driveway which increases hazards. Safe vehicular access and minimum complying disabled access are higher priorities than the additional 20 square feet of landscaping which would be otherwise be required. Therefore, strict application of the landscaping and access standards in this case given the width and location of the property deprive the property owner of the privilege of developing his property in a manner consistent with other properties under the identical zoning classification. The project has an increased front building setback which increases the landscape area in front of the building although the increased area beyond the required setback cannot be used to technically meet the standard. The increased area will provide equal area to what would be required if 50% of the required yard were landscaped. Therefore, the project and variance approval meets the legislative intent of the code which is to ensure that adequate landscaping along the street is provided, and not constitute a grant of special privilege. CONDITIONS OF APPROVAL 1. This Site Plan Review No. 79, Use Permit No. 3685 and Variance No. 1239 shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. 2. The development shall be in substantial conformance with the approved site plan, floor plans and elevations dates November 9, 2000, except as noted below. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 5. The applicant shall obtain a Coastal Development Permit from the California Coastal Commission prior to the issuance of any building or grading permit for the project. Aa Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 15 6. The minimum elevation of the finished floor for project buildings shall be 9.00 above M.L.L.W. (6.27 Mean Sea Level). 7. The bayside structure is requires to be protected with an automatic fire suppression sprinkler system subject to the review and approval of the Newport Beach Fire Department. 8. All trash areas shall be screened from adjoining properties and public streets. 9. The enclosed garages shall available for the exclusive use of the residential uses. No conversion of the garage spaces to other use shall be permitted. The open parking spaces shall be available for the exclusive use of the commercial businesses and customers while those commercial businesses are open for business. 10. The commercial spaces within the project shall not be converted or used for residential purposes. 11. The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site and adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director 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. 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. 12. The boat slips bayward if property shall only be used in conjunction with the proposed residential dwelling units. Commercial use of the boat slips is prohibited_ 13. Prior to the issuance of building permits, the applicant shall record an irrevocable offer to dedicate a 6 -foot wide public access easement along the entire water frontage of the property and though the property to Newport Boulevard. The irrevocable offer to dedicate the assess easement shall be subject to the review and approval of the Newport Beach City Attorney and Coastal Commission prior to recordation. 14. The project must comply with the interior and exterior noise standards for residential uses of the Noise Ordinance. The interior noise standard is 45dBA between the hours of 7:OOAM and 10:00PM and 40dBA between the hours of 10:OOPM and 7:OOAM. The exterior noise level standard is 55dBA between the hours of 7:OOAM and 10:00PM and 50dBA between the hours of 10:00PM and 7:OOAM. An acoustic study shall be performed by a qualified professional that demonstrates compliance with these standards of the Noise Ordinance. This acoustic study shall be performed and .submitted to the City Planning Department prior to occupancy of the project. If the exterior noise levels exceed applicable standards, additional mitigation shall be required which may include the installation of sound wall in a location established by the acoustic study and subject to the approval of the Planning Director. 15. Each residential unit and each commercial building shall be served with an individual water Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 �3 November 9, 2000 Page 16 service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 16. Intersections of the private drive and Newport Boulevard shall be designed to provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. 17. A condition survey of the existing bulkhead along the bay sides of the property shall be made by a civil or structural engineer prior to issuance of any grading permits, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSQ. 18. All landscape materials and landscaped areas shall be 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. 19. All improvements within the public right of way shall be constructed as required by Ordinance and the Public Works Department. 20. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the Newport Boulevard right -of -way. 21. Curbs, gutter and sidewalk shall be reconstructed along the Newport Boulevard frontage under an encroachment permit issued by the Public Works Department. All construction within the public right -of -way be subject to further review by the Public Works Department. An Encroachment Agreement shall be executed for all non - standard improvements approved to be constructed within the public right -of -way. 22. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 23. A drainage study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuance of a grading permit. 24. The final design of all on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the Traffic Engineer. 25. The applicant shall provide wheel stops or other approved protective barrier methods as necessary within the parking facility. 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. Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 aq November 9, 2000 Page 17 26. Fair Share traffic mitigation fees shall be paid to the City prior to the issuance of any building or grading permit for the site. 27. Any Edison transformer serving the site shall be located outside the sight distance planes as described in City Standard 110 -L. 28. The proposed project shall conform to the requirements of the Uniform Building Code, including State Disabled Access requirements, unless otherwise approved by the Building Department. 29. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 30. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is physically infeasible. Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 2 S/ November 9, 2000 Page 18 Exhibit No. 2 ]Findings for Denial Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 1. Surrounding uses include a boat yard and a restaurant. The City has experienced in the past and continues to experience land use conflicts between residential uses and boat yards and restaurants. The adjacent boat yard is an intensive marine- related, industrial activity permitted within the RMC district that has the potential to cause nuisances to residents of the project in the form of noise, refinishing activities and motor maintenance. Introduction of the residential uses adjacent to this use will generate complaints and pressure to regulate the boat yard in order to make it compatible with the project. Potentially further regulating the adjacent boat yard is contrary to the City's goal to preserve waterfront land for these necessary harbor activities. The adjacent restaurant is permitted to be open till IOPM on Sunday, lAM Monday to Thursday and 2AM Friday and Saturday and is a permitted use. Activities within the restaurant as well as patron activity in the parking lot during the late night hours may become a nuisance to abutting residents. Permitting residences adjacent to the restaurant will generate complaints and increased pressure to further regulate the restaurant contrary to its permitted operational characteristics. Therefore, the proposed project is inconsistent with the abutting uses 2. The Zoning Code requires that a mixed -use project provide a minimum of 0.25 FAR in order to create viable commercial spaces. The proposed commercial spaces are not large enough to accommodate viable retail or marine- related businesses. The bayside suite is 1,000 square feet in area and due to its lack of visibility from Newport Boulevard, retail uses are unlikely. Although office the site is large enough for office uses, non - marine- related office uses are only permitted when 40% of the commercial area on the site is occupied with marine incentive use. Therefore, the marketability of the unit is very limited. The streetside suite is 500 square feet and due to its size, the suite would tend to favor a small office use rather than a retail use. The suite is located close to Newport Boulevard, and therefore has very, good visibility, the size of the suite is very limiting for a retail establishment. Due to these limiting factors, compliance with the requirement that 40% of the commercial area be devoted to marine incentive uses is questionable. Larger and more viable commercial spaces will assist in compliance with the marine incentive use requirement. Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 November 9, 2000 Page 19 1. 7711i, t 1 i is if in; P lillij -1 JP Hill 1 ROOM 1 "T111111 W. 1P UN 7711i, t 1 i is if 1P UN tot i. 7711i, t 1 i is if falls & �I'illfll�l! �ygEc d3 Jet Ii I Fgm j, ME ME q I N B B B t November 29, 2000 Mayor and City Council City of Newport Beach . 3300 Newport Blvd. Newport Beach, CA 92663 Re: Fluter mixed use project at 2410 Newport Blvd., Newport Beach. Site Plan Review No. 79, Use Permit No. 3685, and Variance No. 1239 Dear Mayor and City Council Members: The property zoning allows the proposed residential / commercial. Because of the adjacent mixed use zoning, I am proposing the following: Place a covenant on the title of the property that any commercial or residential lease for the above- mentioned property shall include the following addendum: This property is located in a mixed -use zone. It should be anticipated that the existing neighbors are, and may continue to be, a restaurant and an operating boat repair /maintenance yard. Tenancy is taken with the full understanding that the City of Newport Beach zoning regulations authorize the adjacent properties to be used for industrial/marine use and/or water related restaurant uses. Occupancy is taken with the full understanding of the impacts of such uses, on the leased property, including but not limited to the noises emanating therefrom. This recorded covenant would likewise be notice to any buyer of the project. 2. Additionally, I will provide an enhanced mechanical ventilation system that will allow the windows to remain closed comfortably day and night. (Note that no operable windows face the side properties.) Because there is no way for any project on this site to provide the required front landscaping, I am offering to contribute 2 approved street trees (per Dave Niederhaus at General Services) for the City to plant in the vicinity. P.S. — If approved, this project will be an asset to the community. See attached copy of a rendering by Scott Kennedy, marine artist. Sincerely, Russell E. Fluter fcf Exhibit No. 3 Y q� r \ 0' p