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HomeMy WebLinkAbout1792 - APPROVE UP_500 31ST STRESOLUTION NO. 1792 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2009 -027 TO INCREASE THE HEIGHT LIMIT FOR A MIXED - USE BUILDING LOCATED AT 500 31ST ST (PA2009 -096). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by 3151 St Lido, LLC, with respect to the property located at 500 3151 Street, and legally described as Lancasters Addition, Block 430, Lot 21 requesting approval of a use permit. 2. The applicant proposes to increase the height limit to construct a 32 -foot mixed -used building. 3. The subject property is located within the Retail, Service, Commercial (RSC) designation within the Cannery Village /McFadden Square Specific Plan (SP-6) Zoning District and the General Plan Land Use Element category is Mixed -Use Horizontal 4 (MU -1­14). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Horizontal (MU -H). 5. A public hearing was held on October 8, 2009 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). 2. This exemption includes the construction of new structures with less than 10,000 square feet of commercial square footage and six residential units. Planning Commission Resolution No. 1792 Paoe 2 of 8 3. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, release and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the project, the project's approval based on the City's CEQA determination and /or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.43.050 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Findin : A. The development will provide for both public physical and visual access to the bay within the limits that public safety is ensured and private property protected. Facts in Support of Finding: A -1. The proposed project is situated on private property that is located more than 400 feet from the bay. Several streets adjacent to the subject property provide access to the bay, and the proposed project does not include alterations to the public right -of -way that would impede or provide an opportunity to improve physical access to the bay. A -2. The closest portion of the bay is the Rhine Channel, which is not visible from any public vantage point adjacent to the property. Planning Commission Resolution No. 1792 Pape 3 of 8 Finding: B. The increased building height would result in more public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and the treatment of all setback and open areas. Facts in Support of Finding: B -1. The increased building height raises the achievable ceiling height to accommodate additional floor area on the third floor. The additional floor area on the third floor consists of area that would otherwise be located on the second floor. This allows a 20 -foot 3 -inch step back from the front property line for the second and third floors, a 4 -foot 8 -inch step back from the side property line for a majority of the second and third floors along Villa Way, and open deck space at the rear of the property on the second and third floors. These building step backs and deck areas increase the volume of open space by greater than 10,000 cubic feet within the allowable building envelope, whereas the volume of the proposed building that exceeds the base height limit occupies less than 6,000 cubic feet. Finding: C. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. Facts in Support of Finding: C -1. An increase to the building height allows for step backs on the second floor adjacent to the front, street side, and rear of the property by relocating potential enclosed area to the third floor. The use of broken wall planes and open metal deck railings softens the building mass from the abutting streets and alley. Open space on the ground level is complemented with approximately 300 square feet of landscaped area in excess of the 113 square feet required by the Municipal Code. Finding: D. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. Facts in Support of Finding: D -1. The Cannery Village contains a variety of building heights. Many buildings are at or near the 26 -foot height limit and several buildings exceed the base height limit with the Planning Commission Resolution No. 1792 Paae 4 of 8 approval of a use permit or by legal nonconforming status. For example, The Cannery Lofts project, south of the subject property, was constructed with a maximum height of 34 feet 6 inches under Use Permit Number UP2001 -022 (PA2001 -128) in 2002. It was found that "the portions of the buildings above 26 feet are generally located to the center or rear of the buildings, which helps lessen the bulk of the buildings perceived from" the adjacent streets. The design of the proposed building employs a similar bulk - lessening method where the portions most exceeding the height limit are located near the interior property line and away from the adjacent streets. The proposed building's roof height of 27 feet 2 inches adjacent to Villa Way is keeping with the scale of development with the 26 -foot average roof height of the mixed -use project located at the property 430 31 5{ Street, west of the subject site. Finding: E. The increase in height shall not result in floor area exceeding the floor area otherwise permitted. Facts in Support of Finding: E -1. The proposed floor area ratio of 1.2 does not exceed the maximum permitted floor area ratio of 1.25 prescribed by the Zoning Code nor ratio of 1.5 prescribed by the General Plan and Coastal Land Use Plan. Finding: F. The maximum height in all districts shall be measured in accordance with the definitions contained in Section 20.65.030. Facts in Support of Finding: F -1. The grade is established as 8.67 feet above mean low water level (NAVD88) per Section 20.65.030.6.1 (Flood Hazard Areas), and the height is measured to the midpoint of the sloped roof and the ridge of the sloped roof as required by Section 20.65.030.A (Height of Structure). SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2009 -027 subject to the conditions set forth in Exhibit A. 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. Planning Commission Resolution No. 1792 Page 5 of 8 PASSED, APPROVED AND ADOPTED THIS 8'' DAY OF OCTOBER, 2009. AYES: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge and Hillgren NOES: None ABSTAIN: None BY: L IRobert kins, C airman BY: ,1 Charles Unsworth, Secretary Planning Commission Resolution No. 1792 Paae 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. 2009 -027 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. Prior to issuance of building permits approval from the California Coastal Commission shall be required. 6. All landscape materials and irrigation systems 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. 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. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 9. All trash shall be stored within the building or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. 10. The minimum elevation of the finished floor for the buildings shall be 8.67 feet above mean sea level based upon NAVD 88. Planning Commission Resolution No. 1792 11. The commercial space within the project shall not be converted or used for residential purposes. Residential space shall be used for residential purposes and shall not be converted or used for commercial purposes. Commercial activity within the residential portions of all buildings shall comply with Section 20.60.100 (Home Occupations in residential Districts). 12. A minimum of two parking spaces, one of which is covered, shall be available for the exclusive use of the residential occupants. 13. The commercial parking area shall include signage that indicates its designation for employees and customers of the commercial business(es). The interior parking space in the tandem parking configuration shall be designated for employee parking and the parking space nearest the alley shall be designated for customer use. 14. The applicant and property owner shall defend, indemnify, release and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the project, the project's approval based on the City's CEQA determination and /or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. BUILDING CONDITIONS 15. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. PUBLIC WORKS CONDITIONS 16. The driveway approach on 315 Street shall be constructed per City Standard #163 -L. 17. There shall be no net loss of on- street parking spaces as a result of the project. The proposed driveway approach on 315 Street will result in a loss of two on- street parking spaces. These affected on- street parking spaces shall be relocated onto Villa Way. The City Traffic Engineer shall review and approve the proposed locations of the relocated on- street parking spaces on Villa Way. Planning Commission Resolution No. 1792 Page 8 of 8 18. The existing unused driveway approach on Villa Way will need to be abandoned per City Standard #165 -L and replaced with a new curb, gutter, and sidewalk. 19. A 10- foot - radius comer cutoff at the corner of 31St Street and Villa Way shall be dedicated to the City for street purposes. 20. A new ADA- compliant curb access ramp shall be constructed at the corner of 3151 Street and Villa Way per City Standard #181 -L. This may result in the relocation of an existing catch basin on 3151 Street. Relocation of the catch basin shall be determined by the Public Works Department and shall be at the expense of the owner of the property. 21. The existing alley approach on Villa Way shall be ADA - compliant per City Standard #142 -L. 22. New parking meter posts shall be installed on Villa Way next to all relocated on- street parking spaces per City Standard #920 -L. 23. A 5 -foot rear setback adjacent to the alley shall be maintained clear of any above - ground obstructions. 24. An encroachment agreement is required for all work activities within the public right -of- way.