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HomeMy WebLinkAbout1702 - APPROVE DP AND UP_2300 WEST COAST HWYRESOLUTION NO. 1702 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING DEVELOPMENT PLAN NO. 2006 -001 AND USE PERMIT NO. 2006 -019 FOR PROPERTY LOCATED AT 2300 WEST COAST HIGHWAY (PA2006 -182). WHEREAS, an application was filed by SMI, L.L.C., with respect to property located at 2300 West Coast Highway and legally described as Portion of Lot A, Tract 919, as shown on Miscellaneous Map Book 029, Pages 31 -34 recorded on April 26, 1929, requesting approval of Use Permit No. 2006 -019 and Development Plan No. 2006 -001 for a 10,390- square foot, 19- guestroom addition to an existing motel; and WHEREAS, on November 2, 2006, the Planning Commission held a noticed public hearing in the City Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the Planning Commission considered the Use Permit and the Development Plan and received comments from the public. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to and considered by the Planning Commission at the hearing; and WHEREAS, vehicular access to the municipal lot from the project site is not acceptable due to the loss of public parking and the need to modify or improve the municipal lot to accommodate through traffic from the project site. The access to the rear of this property and other properties to the east from the municipal parking lot is presently being studied by the City as there are merits to providing access to Tustin Avenue as these properties redevelop. Should the City conclude that access to this property and others to the east is desirable or necessary; the City Council would need to adopt a policy to provide vehicular access. The project design does not preclude future vehicular access. WHEREAS, The site designated Retail and Service Commercial by the 1988 amended Land Use Element (LUE). Motels are permitted uses within this land use designation. Visitor - serving uses are desired by the City as declared in Policy C of the Land Use Element. The property is consistent with the variable floor area ratio of 0.5/0.75 established by the LUE as the weighted floor area ratio as calculated by Chapter 20.63 of the Municipal Code is 0.35. WHEREAS, 2006 update of the Land Use Element will designates the site MU- H1 provided that the voters approve Measure V in November of 2006. This designation will allow for the horizontal intermixing of uses including marine - related, highway - oriented, visitor - serving general commercial uses up to 0.50 FAR with mixed -use buildings or residential uses located to the rear of the property. The project implementation would result in a floor area ratio of 0.70. Although this floor area ratio would exceed the potential future intensity limit, the nonconformity would not be a detriment to the community as the project provides lower cost visitor accommodations within the Coastal Zone. WHEREAS, The Coastal Land Use Plan designates the property as General Commercial and the proposed project is consistent with this designation. The project provides lower cost visitor serving accommodations and is a priority use within the Coastal Zone. No sensitive coastal resources are present on the fully developed site. No public access is provided or required due to the location of the site on the inland side of Coast Highway. Since the addition will cause no impact to coastal resources or public access with the elimination of the proposed driveway access to the adjacent municipal parking lot, the project is consistent with the Coastal Land Use Plan and the Coastal Act. WHEREAS, the subject property is located within the Mariner's Mile Specific Plan which requires approval of a Development Plan for the proposed project. The project is consistent with the Mariner's Mile Specific Plan and the Strategic Vision and Design Framework for the following reasons: 1. The Mariner's Mile Specific Plan designates the site for retail and service commercial uses and visitor accommodations are allowed subject to the approval of a use permit. 2. The addition will maintain the overall existing architecture, color scheme and aesthetics of the existing motel, which was found to be consistent with the Mariner's Mile Strategic Vision and Design Framework. The proposed addition will continue the low, flat roof height of the existing motel at 21 -feet 7- inches with no roof top equipment so that there will be no impact to views from above. Landscaping will be conditioned to bring the subject property into compliance with the applicable requirements. 3. The project will maintain the exiting color palette that meets standards by providing approximately 90% of the exterior structure being a neutral color with approximately 10% being complimentary trims and accents of lighter and darker colors. 4. The project, subject to the conditions of approval, meets applicable development standards of the Zoning Code related to building setbacks and height, parking and traffic circulation, walls, landscaping, exterior illumination, utilities, and refuse storage. 5. Equipment within the front of the property will be conditioned to be screened and there is no proposed equipment on the roof of the motel expansion. WHEREAS, a Use Permit for the proposed increase in the number of guestrooms has been prepared and approved in compliance with Chapter 20.91 (Use Permits and Variances) of the Newport Beach Municipal Code for the following reasons; 1. Visitor accommodations and are permitted uses within the Mariner's Mile Specific Plan zoning district with the approval of a Use Permit. As stated in Section 20.42.020 of the Municipal Code, the intent of establishing the Mariner's Mile Specific Plan was to encourage the orderly development of commercial uses including visitor - serving facilities and pedestrian orientated areas. The proposed increase in motel rooms will allow more visitors to take advantage of Newport Beach's many attractions, and the site is pedestrian - friendly because of the proximity to the water, restaurants, shops and other places of interest for tourists. 2. The location of the motel expansion requiring this Use Permit, and the proposed conditions under which it will be operated and maintained, is consistent with the General Plan and the purpose of the Mariner's Mile Specific Plan 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 for the following reasons: a. The site is designated Retail and Service Commercial by the 1988 Amended Land Use Element of the General Plan. Motels are uses allowed within this designation. b. The existing motel site is located along West Coast Highway, commercial development adjacent to the site. There is a residential district abutting the rear of the project site, but the homes are situated above the commercial structures and the addition is 115 feet away from the homes. The addition will not block views of the residential properties because the construction will be at the rear of the commercial lot rather than at its front and because the height of the addition will match the existing at 21 -feet 7- inches, which is below the allowable 26 -foot height limit. The existing motel has not been found to be detrimental to the public health, safety, peach, morals, comfort, or welfare of the surrounding neighborhoods, and there is no anticipation that the proposed 19 -room addition will change that. c. The motel has been conditioned in such manner to comply with all development standards of the Zoning Code, including any specific conditions required for the expansion and to require strict adherence to safety, aesthetic and noise regulations. d. The 19 -room project with a previously approved 10 -room expansion yet to be completed will generate 296 additional daily trips, and therefore a traffic study is not required pursuant to the Traffic Phasing Ordinance (TPO). Therefore, the project will not create a significant impact to traffic; and WHEREAS, the project qualifies for a categorical exemption pursuant to Section 15032 (Class 32 In -fill development) of the implementing guidelines of the California Environmental Quality Act. This exemption allows for the expansion of an existing use that is consistent with the General Plan and applicable zoning regulations within an urbanized area. The project meets these criteria and it is not located in an environmentally sensitive area nor are there any unique circumstances that would lead to a significant effect on the environment with project implementation. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit 2006 -019 and Development Plan 2006 -001, subject to the conditions set forth in Exhibit "A ". Section 2. 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 2T" DAY OF NOVEMBER 2006. Ia-YA M AYES: Eaton, Peotter, Hawkins, Cole, McDaniel and Toerge ABSTAIN: Henn EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT 2006 -019 AND DEVELOPMENT PLAN 2006 -001 (PA2006 -182) Fire Department Conditions 1. Applicant shall relocate the fire hydrant into landscaping area because current location blocked by parking spot. 2. New elevator shall be gurney- accommodating in accordance with Article 30 of the California Building Code (2001 edition). 3. Applicant shall provide Class I standpipes as a substitute for the access or a turnaround. A. Standpipe outlets shall be provided on both levels in all stairwells and at other locations on the first and second floors. B. The locations will be selected by the Fire Marshal during plancheck. C. Standpipes may be supplied by the existing fire sprinkler system if the system has the capacity to supply standpipes and the sprinklers. D. The combined system must be designed so that closure of the fire sprinklers does not affect the operation of the standpipe. Building Department Conditions 4. Fully accessible guestrooms, including no less than one room with a roll -in shower shall be provided, in compliance with Title 24. 5. No less than one of each room type /class shall be fully accessible. 6. All other new rooms in excess of the accessible rooms required above shall meet the minimum restroom dimensions of Title 24. 7. Hearing- impaired guestrooms shall be provided and equipped, as required by Title 24 requirements. 8. Intervening rooms and doors shall be removed from the building corridor and exit systems. 9. Smoke protection shall be required at the second floor elevator door or elevator lobby. 10. The first floor lobby adjacent to the second floor stair shall be one -hour rated. 11. A California - licensed architect shall determine the allowable building area per the CBC. Area separation or other approved means may be necessary to allow the proposed addition. Public Works Conditions 12. The project shall comply with the City's non -storm on -site runoff retention requirements. 11 Staging, parking, or storage of construction equipment, vehicles, and materials shall not occur within the adjacent municipal parking lot or Coast Highway. 14. Prior to the issuance of a building permit, the applicant shall demonstrate the adequacy of the existing water and sanitary sewer laterals to serve the expanded facility. 15. Parking and vehicular areas shall be subject to further review and approval by the Public Works Department prior to the issuance of a building permit. Parking and vehicular areas shall be designed and maintained in accordance with Standard Drawing STD - 805 -L -A & B unless otherwise approved by the Public Works Department. Parking stalls shall be a minimum of 9 feet wide by 17 feet deep that are access from a 24 -foot wide drive isle. 16. The dead end drive aisle shall be accompanied by a 5 -foot drive aisle extension (hammerhead) to assist in vehicle turnaround. Planning Department Conditions 17. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived for modified by the conditions of approval. 18. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations except as modified by the applicable conditions of approval. 19. Prior to the issuance of a building permit, the property owner shall execute and record and irrevocable offer of dedication, approved by the Office of the City Attorney, granting the City an easement for ingress, egress, and access, over, upon and across the portion of the property described in Exhibit B and depicted on Exhibit C. The irrevocable offer of dedication shall contain a provision providing that the City covenants that it, in all questions of interpretation, application, or implementation of any provision of the Municipal Code of the City of Newport Beach, shall treat any existing on -site landscaping removed to replace existing parking spaces eliminated by the acceptance of the offer of dedication, towards the owner's on -site landscaping requirement up to a maximum of 500 square feet; however, the property shall comply with the minimum number of trees as prescribed in Chapter 20.45 of the Municipal Code. 20. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 21. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 22. Prior to issuance of building permits approval from the California Coastal Commission shall be required. 23. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 24. Prior to obtaining final occupancy, there shall be a total of 7 palm trees within the planting area adjacent to the sidewalk on West Coast Highway. The palm tree shall be a Mexican Fan Palm with a minimum of 8 foot trunk height and a subdrainage system. 25. Prior to obtaining final occupancy, there shall be a continuous 30 -inch tall hedge adjacent to the sidewalk on West Coast Highway consisting of either Ligustrum j. "Texanum ".Texas Privet, (planted a minimum of 30 inches on center), Buxus microphylla japonica,Japanese Boxwood, (planted a minimum 18 inches on center) or Carissa Macrocarpa "Tuttle" (planted a minimum 24 inches on center). 26. Prior to obtaining final occupancy, there shall be one shade tree for each 4 parking spaces, or a total of 21 shade trees based on the required 83 parking spaces, within the parking lot. The trees should be consistent with the recommendations contained within the Mariner's Mile Design Framework. Parking lot planters shall be a minimum of 25 square feet, exclusive of curb. 27. Prior to obtaining final occupancy, the two utility fixtures that abut West Coast Highway shall be screened from view by landscaping. 28. All landscaping shall be maintained and kept free of weeds and debris. 29. 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. 30. Prior to obtaining a building permit, a photometric survey shall be submitted that is stamped and signed by a licensed lighting engineer. The survey shall show that lighting values are "1" or less at all property lines. 31. Prior to obtaining a building permit a review of existing and proposed lighting shall be required to ensure that exterior light standards are no higher than 20 feet and that "Walpak" type light fixtures are removed in favor of zero cut -off "Shoebox" type fixtures to eliminate light spillage and glare. 32. Prior to obtaining final occupancy, there shall be a nighttime inspection by the City Code Enforcement Department for light spillage and glare issues. 33. The project shall not result in the placement of mechanical equipment on the roof of the building. 34. There shall be no fewer than 83 parking spaces on site. 35. The roof shall be painted a neutral, non - reflective color, approved by the Planning Director prior to the issuance of a certificate of occupancy. 36. All existing HVAC equipment on the roof shall be screened with a louvered horizontal screen and louvered vertical screen north of the equipment and not exceed the height limit. 37. All rooftop equipment shall be painted to match the roof prior to the issuance of a certificate of occupancy. 38. A building permit for the existing monument sign shall be applied for within 30 days of the approval of Use Permit No. 2006 -019 and Development Plan 2006- 001. The building permit shall be obtained before the building permit for the expansion is issued.