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HomeMy WebLinkAbout1625 - APPROVE DP AND UP_900-1040 W. COAST HWYRESOLUTION NO. 1625 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING DEVELOPMENT PLAN NO. 2003 -002 AND USE PERMIT NO. 2003 -026 AND FOR PROPERTY LOCATED AT 900 -1040 W. COAST HIGHWAY (PA2003 -174). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Leo Gugasian, with respect to property located at 900 -1040 W. Coast Highway and legally described as Parcel 1 of Parcel Map recorded in book 83, page 13 and Parcel 1 of Parcel Map recorded in book 71 page 18, requesting approval of Development Plan and Use Permit for the redevelopment of an existing commercial center and the construction and operation of a vehicle sales facility. The application includes a parking modification to reduce the minimum number of parking spaces, an off -site parking agreement for a shared parking lot on two adjacent properties, and a request to exceed the base floor area ratio by 977 square feet. Section 2. A public hearing was held on October 23, 2003 and January 8, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The Land Use Element of the General Plan designates the site for Retail and Service Commercial uses. Commercial uses including vehicle sales facilities are permitted uses within this land use category. 2. The proposed development is generally consistent with the guidelines contained within the Mariner's Mile Strategic Vision and Design Framework with the adherence to the attached conditions of approval. The project provides a more aesthetically pleasing roof design through color and material selection and roof -top mechanical equipment will be minimized and will be screened from above. The project reduces vehicular access points to Coast Highway and incorporates desired landscape plantings. The overall design meets the Zoning Code and should be an architectural and aesthetic improvement compared with the existing development that it will replace. 3. The proposed vehicle sales facility subject to the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city for the following reasons: a. No vehicle service is proposed. b. Exterior lighting will be controlled to reduce excess lighting and avoid off -site light spillage. c. No vehicle display within parking areas is proposed Planning Commission Resolution No. _ Pacie 2 of 8 4. The project site is located within Statistical Area H4, which has a base 0.5FAR and a maximum 0.75FAR. Commercial development in the area is approximately 0.252FAR currently. The additional 977 square feet, when added to the development potential of vacant and underutilized properties will not exceed 0.34FAR. Therefore, since it is not likely that the base FAR for the statistical area will be exceeded, the requested increase of 997 square feet is not inconsistent with the General Plan and the purpose of the district in which the site is located and will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. 5. The requested 1 space parking reduction is acceptable as the expected parking demand for high value /low volume vehicle sales facilities will fall below that anticipated by the Zoning Code. This conclusion is based in part upon similar facilities in the immediate area. The proposed facility will not provide service, which would tend to increase parking demand. The reduction of 1 parking space will not be detrimental to the general welfare of the community. 6. The off -site lot is adjacent and shares common access and isles and will prove useful for both properties. Due to the unified and common lot design, access to abutting roadways will not be necessary, and therefore, no undue traffic hazards will be created. The two properties are owned by the same person and a written agreement or restrictive covenant will be recorded ensuring that the off -site parking will be maintained and available for the uses located on the recipient parcel. 7. The project qualifies for a Class 3 categorical exemption from the California Environmental Quality Act, which permits the limited number of new structures. In urbanized areas, up to 4 buildings with up to 10,000 square feet would qualify provided that the site is not environmentally sensitive. The project involves the demolition of 2 buildings and the construction of 2 buildings with a net increase of approximately 5,000 square feet. Traffic increases are below the 300 space threshold for the preparation of a traffic study. The site is presently fully developed and no environmental resources are known to exist at the site. Section 4. Based on the findings above, the Planning Commission hereby approves Development Plan No. 2003 -002 and Use Permit No. 2003 -026, subject to the conditions set forth in Exhibit "A." Planning Commission Resolution No. Page 3 of 8 Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 8th DAY OF JANUARY, 2004. AYES: Eaton, Cole, McDaniel, Selich, Kiser and Tucker NOES: Toerge BY: -6 Earl McDaniel, Chairman BY: N�rei 1-6—erge, Secretary Planning Commission Resolution No. Page 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL DEVELOPMENT PLAN NO. 2003 -002 & USE PERMIT NO. 2003 -026 1. The development shall be in substantial conformance with the plans identified as follows except as modified by other conditions of approval: Site Plan (Sheet 01) dated 11/24/2003 Floor plans (Sheets A2 & A3 - building #2 only) dated 1/8/2004 Elevation drawings (Sheets A4, A5 & A6 - building #3 only) dated 1/8/2004 Roof plan (Sheet A7 — buildings #1 & #2 only) dated 1/8/2004 Landscape plan (Sheet P -1) dated 1/8/2004 2. Use of Building #1 shall be limited to motor vehicle sales. No motor vehicle repair is permitted. No storage or display of motor vehicles is permitted in any parking space or vehicle maneuvering space. A change of use shall require an amendment to this use permit. 3. Development Plan No. 2003 -002 and Use Permit No. 2003 -026 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 5. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 6. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed vehicle sales use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 7. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 8. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on- site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 feet in height. 9. The site shall not be excessively illuminated based on the luminance recommendations of Planning Commission Resolution No. Page 5 of 8 the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 10.AII noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 11.The landscaping shall be in compliance with all applicable requirements of the Zoning Code including but not limited to the hedge and palm row and bluff landscaping as required pursuant to the Mariners Mile Strategic Vision and Design Framework. 12.The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director and the General Services Department prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. The proposed landscaping adjacent to the back of sidewalk shall be designed with provisions that will prevent irrigation and /or other runoff from spilling onto the sidewalk. 13.AII landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Between the hours of 7:OOAM and 10:0013M Between the hours of 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property NIA 65dBA N/A 6OdBA 11.The landscaping shall be in compliance with all applicable requirements of the Zoning Code including but not limited to the hedge and palm row and bluff landscaping as required pursuant to the Mariners Mile Strategic Vision and Design Framework. 12.The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director and the General Services Department prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. The proposed landscaping adjacent to the back of sidewalk shall be designed with provisions that will prevent irrigation and /or other runoff from spilling onto the sidewalk. 13.AII landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Planning Commission Resolution No. Paae 6 of 8 14.Signs shall be in compliance with the Zoning Code, including but not limited to those applicable standards of the Mariner's Mile Overlay zone. The applicant shall obtain required permits for all signs. 15.The roof, equipment located on the roof and any mechanical equipment screens located on the roof of any new building shall be painted or otherwise treated in a consistent fashion such that they blend together in harmony with the overall architectural design of the building to reduce their visibility from above. The material and color of project roofs shall be consistent and shall match as close as possible the roof of the adjacent Newport Auto Sport building. Roof top equipment or screens shall not be visible from West Coast Highway and shall comply with Section 20.65.070.B of the Zoning Code. 16.Seven (7) parking spaces shall be provided on 1000 -1040 W. Coast Highway for the benefit of 900 W. Coast Highway. The spaces shall be accessible and available to occupants and patrons of all businesses located on 900 W. Coast Highway at all times free of charge. 17. A reciprocal access and off -site parking agreement shall be approved by the City Attorney's office and shall be recorded on the title of both properties (1000 -1040 W. Coast Highway & 900 W. Coast Highway) prior to the issuance of a building permit for any new construction on 1000 -1040 W. Coast Highway. The off -site parking agreement shall provide that the parking agreement is recorded prior to any financing on either property. 18.All improvements shall be constructed as required by Ordinance and the Public Works Department, and shall be completed prior to issuance of a Certificate of Occupancy. 19. The intersection of the driveways with West Coast Highway shall be designed to provide sight distance for a primary roadway per City of Newport Beach Standard Drawing STD - 11 0 -L for a speed of 40 MPH. Slopes, landscaping, walls, signs, and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height and the monument identification sign must be located outside the line of sight cone. The sight distance may be modified at non - critical locations, subject to approval of the Traffic Engineer. 20.The onsite parking and vehicular and pedestrian circulation systems shall be subject to further review and approval by the City Traffic Engineer. 21. The applicant shall provide wheel stops or other approved protective barrier methods as necessary within the parking areas. The parking spaces shall be marked with approved traffic markers subject to the approval of the Public Works Department or painted white lines not less than 4 inches wide. All parking and maneuvering areas shall meet minimum dimensional standards per City of Newport Beach Standard Drawing STD - 805 -L -A unless otherwise modified by the Traffic Engineer. 22. The parking lot shall have prominent pavement arrows and signage to facilitate proper circulation within the parking area. Signage and pavement markings shall be shown on the site plan and shall be subject to the review and approval of the Public Works Department. Planning Commission Resolution No. Page 7 of 8 23. New street trees shall be planted in accordance with the City of Newport Beach Municipal Code and Council Policies. Existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department. 24. Prior to the issuance of a building permit, the applicant shall pay the project's fair share traffic contribution in accordance with Chapter 15.38 of the Municipal Code. Public Works Department plan check and inspections fees shall be paid prior to the issuance of applicable permits. 25. Delivery vehicles shall park on -site when making deliveries to the project site. The public right -of -way shall not be used as a parking or staging area for deliveries, including construction related deliveries. 26. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagpersons. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 27. Utility connections for new buildings shall be underground to the nearest appropriate pole in accordance with Section 20.57.040 of the Municipal Code. 28. New curb and gutter, sidewalk and driveway approaches shall be constructed where necessary along the West Coast Highway frontage of the property in accordance with an encroachment permit issued by the California Department of Transportation ( Caltrans). Street improvements as well as drainage and utility improvements within Caltrans right -of- way shall be shown on standard improvement plans prepared by a licensed civil engineer. Existing non - standard concrete sidewalk panels within the public right -of -way shall be reconstructed with standard concrete sidewalk panels through a permit issued by Caltrans. 29. Catch basins are to be constructed at all locations where drainage from surface runoff is proposed to be discharged through curb outlets. Each catch basin shall be bottomless and constructed over permeable material, as well as having a fossil filter system. The objective is to improve the quality and decrease the quantity of water runoff by providing for on -site percolation to the maximum extent possible. 30.An alternate site plan shall be prepared demonstrating that on -site parking, vehicular circulation, and pedestrian circulation systems can be modified and still function satisfactorily if West Coast Highway is widened into the full 12 -foot width of additional right -of -way. This alternate site plan shall be subject to the review and approval of the Public Works and Planning Departments. Said plan shall be approved prior to the occupancy of the project. 31. Deleted 32.A hydrology and hydraulic study for the project shall be prepared by the developer's licensed civil engineer, along with a master plan of water, sewer, and storm drain facilities Planning Commission Resolution No. _ Pacie 8 of 8 for the on -site improvements prior to issuance of a grading permit. Any modifications or extension to the existing storm drain, water and sewer systems that the study shows to be required shall be the responsibility of the developer. 33. Each building shall be served by an individual water and sewer connection. The water meter and sewer clean out, if located within the proposed driveway, shall have a traffic - grade box and cover. 34-All on -site power poles along the northerly property line shall be protected in place during construction. 35.Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 36.The applicant shall obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 37.Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company where the number of sprinklers is one hundred or more. 38. Exterior walls on the north sides of new buildings shall be 1 -hour fire rated. Openings less than 10 feet from property lines shall be protected by a fire assembly having at least three - fourths of an hour fire protective rating. 39.Approved numbers or addresses shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of made of non - combustible materials, shall contrast with their background, and shall be either internally or externally illuminated to be visible at night. Number shall be no less than six inches in height with a one -inch stroke.