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Home My WebLink About09 - Appeal of Planning Commission Approval for The Garden Office and Parking Structure Proposed at 215 Riverside Ave - PowerPoint (Staff)April 28, 2020 Item No. 9 City Council Appeal Public Hearing April 28, 2020 Vicinity Map ITCliff Drive Park :.; r ;- r•... ' . Residences r.. __ __. -�„�. � 3 G.�_ ;� tom• OakTree ANf The Garden r.. Proj�ct.sit x shopping {� center AO r - ri' PYEI 7}7!35 -fib \ va q�IsmJPi _-_---` ----- I,:IIr es.1rylgfa :: Community Development Department - Planning Division AvoN STREET I I - OaM ENfRT INWsro� � u/ee rx�mc LML E6 PE WIN i f y� Ensnra6 favwrxl wrn-co z=wuti /5 P�XCFiP d i_�r�l - Er INC11EGllgc LOT Fi , WALL To BFwVaim- TRACT 5110 WEL11S 0 PlAI W fl 5. - 1 ENgUWO!MVI --_- u4m INiLm W"I. is I:I�Y.-Q FFksI'�If4Tl - 1:x�H�chrow>a5a- InacPlxax - - Community Development Department - Planning Division AvoN STREET I I - OaM ENfRT INWsro� � u/ee rx�mc LML r ■ View from View from I Residence Pool Terrace ■ Community Development Department - Planning Division Existing Uphill Residence Proposed View Corridor of Parking Existing View Coaddor of Parking Mature 14919111 of PropaS9d Trees Proposed Landscape Screening Existing Budding F.F-ML21MR-Mi Existing Parking Terraces r CEL 1 7/35-36 •'j� _ _ _ _ r 70 --- S~- II % ----- — � � y RISI up i___ •_ h1e4,akA 1 �� V'fi' } K 1421 J. hl yd G I FS: la.55 • .r R 1rG i ,5-0' ,e.6- B'h- ,e.r IVs 7T i¢,SfO' F3',Y FS: Ia.T7 FL 01 ak Irk a - a dd zo lj O 5 I 1 1 l 7 IVB q,e �M I� �- I „ c I I � ✓ r «, M No- F5:no "'...444"✓✓✓///j -�a 6lY ',• I' J; I ' � 5{r. s X5'3 ,tlS � d'? a'1T a'� dU a'tr a'1•- c u rls>s- •;�_ — i7:,s.vs ei,s.4r ,_fsl � v + � + a I� .5 Community Development Department - Planning Division 5 *WWI "LCIT F Second Floor Plan Ft nQ ISM, 1 7-' ell? MET --- --------- ----ira ------------ --- Ij �i111m11l1 11i.i.ill Us, A Wil 1, Ill mill N1 N1 N1 mill mini 111 11111H. UUMMER N F -W Raw= 0 al: J M M M Community Development Department - Planning Division Exterior Elevation (Avon Street) ME on IMF ..IV. i Community Development Department - Planning Division F *�Lrr Planning Commission Approved Project by 6-i Vote — October 17, Zoig Added Conditions: • Increase landscaping along Avon Street • Reduce loitering • Extend upper deck trellis • Security lighting only on upper deck after ZZpm • No entrance to upper deck after 11pm • PC review after 6 months of operation Community Development Department - Planning Division 9 'Y'1- 7, ... �Ir*_ - r� f Planning Commission Approval Appealed - October 31, 203.9 Reasons for Appeal: 1. Improper Public Notice 2. Inadequate Traffic Analysis 3. Geotechnical Issues 4. Project Lighting Impacts 5. Noise Impacts 6. Not Consistent with General Plan 7. CEQA Issues 8. Private Easement Non -Compliance Community Development Department - Planning Division io Inadequate Public Notice • Notice provided pursuant to NBMC Title -2o and Title -21 • Courtesy notice to nearby HOA contacts inadequate Traffic Analysis • Land uses not parking create trips • Proposed land use reduces trips • 46 ADTVS. X94 ADT (w/restaurant) • Restaurant applicant has identified alternative parking supply. Community Development Department - Planning Division ii ,"Wm 2 �M 7 7' -4. rrr_Lr Geotechnical Issues • Report prepared by licensed engineer • Issues can be addressed through design and engineering • Final report reviewed by City Geotechnical Engineer Project Liahtina Impacts • Photometric study prior to permit issuance • Lighting inspection prior to final building permit inspection • Security lighting only upper deck after szpm • Compliance with NBMC Community Development Department - Planning Division 12 !xr!f' ITT1 nln;co Impacts • Noise study and supplemental analysis prepared 5 sites (4 within City) • Project complies with NBMC • No vehicle entry to upper deck after Zspm • Talking, car doors, stereos, alarms, horns difficult to quantify Not Consistent with C • Proposed use consistent with General Commercial land use designation • Consistent with Zoning code development standards Community Development Department - Planning Division 3.3 Ir a ._ !*_ CEQA Class 32 Exemption 1. Consistent with General Plan and Zoning Code z. Less than 5 acres 3. No habitat impacts for sensitive species 4. No impacts to traffic, noise, air quality, water quality Analysis included: • Biological Resources Analysis • Traffic trip analysis • Noise Study • Water Quality Management Plan (WQMP) • Water/sewer generation study • Land Use Policy Analysis Community Development Department - Planning Division 14 IEQA "Piecemealing" CEQA discourages cutting a project into smaller pieces with the goal of minimizing the significance of potential environmental impacts of a project. • Development of this project is not dependent on any other use • The two projects have independent operational utility • The restaurant is not dependent on this application for parking supply and vice versa Community Development Department - Planning Division is ��'�y .�p.,�y ` - - - } ��,:,..,Y.,'_r`,�.. 2, :• � :iY -. '1;.=ham.-:r-: •v' -'fes " ��- ; Y, y • ry f � . � - ' /� -' ' . .,, rG . _ . •,,� -.. Si f , Jy� YiY7 '}�� v� �'+}f'�a� iii .��yy 'f�. •� � Ti � � -- {� ya . RR 9. OakTree - 2 11 Cliff D "' I `� y M1 . , ' -fes 'fi r+ l ti •vim r.."� -- J !: .t b - y j_ - r •.rte i�r -'4 Prior to the issuance of building permits, the Project plans shall be modified to extend the proposed trellis at the upper deck of the parking structure across the e- int., rows of parking spaces. EA, 11 eW In In e- S. e u t n e- F 11 y *I Ir e n t a a 11-n- *1: EA, r,-- 1, In g 14 wen The trellis trellis will be completely foliated with vines and other organic material to provide a green, landscape covering to help reduce noise and light Community Development Department - Planning Division 17 *WWI "LCIT F Second Floor Plan Ft nQ ISM, 1 7-' ell? MET --- --------- ----ira ------------ --- Ij �i111m11l1 11i.i.ill Us, A Wil 1, Ill mill N1 N1 N1 mill mini 111 11111H. UUMMER N F -W Raw= 0 al: J M M M Community Development Department - Planning Division 1.8 Exterior lighting shall be limited to the minimum necessary for site security after 3-1:90-10:15 p.m. seven (7) days a week on the upper deck of the parking structure. Community Development Department - Planning Division 19 Vehicles shall not be allowed to enter or exit the upper level of the parking structure from 1.1.:9910:00 p.m. through 6:00 a.m. seven da4ys a week. Community Development Department - Planning Division 20 Prior to the issuance of demolition and rad inq permits, the Citv Arborist wi I I review the with a roiect's plans for conformit licable Cit Community Development Department - Planning Division regulations. 21 FF rr Prior to the issuance of grading permits, the Project Applicant or Project Developer will retain a licensed arborist to observe construction of the project to ensure compliance with Council Policy G-1 (Retention,, Removal and Maintenance of ON Trees) related to Special Trees and the City Arborist's findings. Community Development Department - Planning Division 22 Recommendation: 1. Conduct a public hearing and consider public comments received 2. Consider the merit of the appeal and conditions to alleviate potential land use conflicts. 3. Adopt the draft resolution uphold and affirm the Planning Commission's approval of the project with inclusion of revised and added conditions of approval. Community Development Department - Planning Division 23 cLtFF M q- t F Drive Palk CUFF DRI -VE COMMUNITY CENTER ti Community Development Department - Planning Division 24 LLt aw -1 Project Scope: ■ Office floor area 2,744 square feet ■ 41 parking spaces ❑ Coastal Development Permit • For demolition and project development in the Coastal Zone ❑ Conditional Use Permit • Parking structure adjacent to residential zone • Planning Commission approved October 17, 2019 • Appeal filed October 31, 2019 • City Council Public hearing April 14, 2020 • Continued to April 28 Community Development Department - Planning Division W, rT "F" I Mr, Lr General Plan Policies -Mariners' Mile LU 5.2.2 Buffering Residential Areas Require that commercial uses adjoining residential neighborhoods be designed to be compatible and minimize impacts through such techniques as: Incorporation of landscape, decorative walls, enclosed trash containers, downward focused lighting fixtures, and/or comparable buffering elements; Attractive architectural treatment of elevations facing the residential neighborhood; Location of automobile and truck access to prevent impacts on neighborhood traffic and nrivacv_ amb 9.1 f LU 6.19 A corridor that reflects and takes advantage of its location on the Newport Bay waterfront, supports and respects adjacent residential neighborhoods and exhibits a quality visual image for travelers on Coast Highway. CE 7.1.8 Parking Configuration Site and design iie i, development to avoid use of parking configurations or management programs that are difficult to maintain and enforce. Py5 2.1, Al, 8.1) Community Development Department - Planning Division 26 General Plan Policies -Mariners' Mile LU 6.1 ?.S Parl.:�ig Require adegimte pafl ig and other suppoEdng facilities for ch-mfters, yacht sales, visitor -serving, aid other v atetfront uses_ (Imp 2.1, S.1) LU 6.1 ?.16 Parking and Supporting Facilities for Waterftont Uses Explore additional options far the development and location of parking and other supporting facilities for charmn, vachr sales, and other watetfro.nt uses_ ar 16.10) Mariners' Mile Vision and Design Framework- MarinersVillage StudyArea 1.35 implement a comprehensive parking strategy, including preserving ori-9tree-t parking, establishing a Mariner's bile Park -Ing District and encouraging more common parking lots. Community Development Department - Planning Division 27 Community Development Department - Planning Division 28 k tit Community Development Department - Planning Division U Community Development Department - Planning Division 30 C Community Development Department - Planning Division 33. ParkViews (Cliff Drive Park) Key V Aw, , t AL r . 4lv rY �. Y /f J Cliff Drive Park View #1 Jv.IJ 5 ! r� Y hr/ y "MTrr tIt�.. r a �. _ Cliff Drive Park View #2 Cliff Drive Park View #3 t k� Ago -_A 46-1. Visual Simulations (Cliff Drive Park) - YkkL I f. J �4 t. - r 3 Cliff Drive Park View #4 PW L �� •,� Tom. `` F. eL ' i orr' 5 � _ � � • � � r - t _ter � Issue: The project would generate additional vehicle trips beyond those trips generated by the proposed office use. Response: • Excess parking would not generate traffic trips but rather a separate land use is what would additional generate trips. Restaurant applicant has identified alternative parking supply. Existing uses z94ADT Proposed office use 46 ADT( -248 trips) Land Use Rate Type S17 Unit AM Peak Hour PM Peak Hour I]aily In Out Total In Out Totel Totn11 General Office Bullding ITE 710 5.146 TSF :_ 1 6 1 5 6 50 Quality Restaurant ITE 931 2.910 TSF 2 0 2 15 6 23 244 Total 8.056 TSf 7 B 16 13 29 294 Community Development Department - Planning Division 38 Issue: CEQA discourages cutting a project into smaller pieces with the goal of minimizing the significance of potential environmental impacts of a project. Response: • The two projects have independent utility. • The restaurant is not dependent on this application for parking supply and vice versa. Community Development Department - Planning Division W Lr iff Lr ff FTTLr • Building height reduced from 32feettO28 feet 3 inches • Roof mounted AC units relocated to lower garage level • Extended upper deck trellis (per PC condition) • Widening of structure lower level drive aisle (per PC condition) • Wall along Avon Street set back 4 ft with landscape added in front (per PC Condition) Community Development Department - Planning Division 40 Vicinity Map Cliff Drive Park F� 6 Y ME Residences P r qj e ct. s i te �-- The Garden shopping center lhh�