HomeMy WebLinkAbout20190208_Project Description_Justification215 Riverside Avenue
Project Description and Letter of Justification
Project Description
The project proposes to demolish the existing building, parking facilities, and
encroachments located at 215 Riverside Avenue (“Project Site”) and construct a new two-story
building with approximately 3,000 square feet of commercial office space and 49 total parking
spaces (the “Project”). The parking would be accessed from two separate entry/exit drives, one
on Avon Street accessing the first level of parking and the second on Riverside Avenue
accessing the second level of parking. Twelve (12) of the parking spaces would be required to
serve the commercial office uses of the building. The remaining parking spaces (37) are
intended to serve off-site uses.
The Project Site is a single parcel located at the northwest corner of Riverside Avenue
and Avon Street. The Project Site is 16,290 square feet with approximately 35 feet of elevation
change. The current uses of the 215 Riverside building total approximately 8,056 square feet,
and include (1) approximately 2,910 square feet of ground floor restaurant space (currently
unoccupied), (2) approximately 5,146 square feet of second and third floor office space, and (3)
16 parking spaces. The Project proposes to reduce the intensity of commercial development of
the Project Site by approximately 5,000 square feet. The Project would also reduce the overall
visual impact of development on the Project Site. The Project would be constructed to a
maximum height of 32 feet, which is consistent with the Newport Beach Municipal Code’s
(“NBMC”) height maximum. However, only the commercial component of the structure would
be constructed to 32 feet, with the parking component constructed to a maximum height of
approximately 15 feet 6 inches above finished grade.
The Project is within the coastal zone and is subject to the City’s Local Coastal Program.
The City’s General Plan designates the Project Site as General Commercial. The City’s Local
Coastal Land Use Plan (“CLUP”) designates the Project Site as General Commercial. The
coastal zoning district is Commercial General. These designations and zoning are intended to
provide for a wide variety of commercial activities oriented primarily to serve citywide or
regional needs. The Commercial General zone permits both business offices and professional
offices (above the second floor). The Project Site is located approximately 500 feet from Pacific
Coast Highway, a major thoroughfare in the City. The Project would provide business office
space near numerous commercial uses, such as restaurants and retail establishments. Also, given
the Project Site’s proximity to the Mariners’ Mile area, which is envisioned as a pedestrian-
oriented mixed-use village containing retail businesses, offices, services, and housing, the
Project would contribute to revitalization of the area.
Architecturally, the structure will have a similar material palette and scale as The Garden,
the existing shopping center located directly across Avon Street. A combination of tumbled
brick, painted steel and wood would ensure consistency with The Garden. As discussed above,
the Project would reduce the overall massing and height of construction on the Project Site,
improving the aesthetics of the Project Site in relation to the residential uses and open space
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areas located nearby. The Project complies with all applicable development standards, including
floor area ratio (“FAR”), height, and setbacks.
In response to the comments from the Design Review Committee meeting to review the Project
held December 20th, a number of modifications have been made. These include; removal of
existing encroachments from the adjacent parklands, redesign of the Avon Street parking
entrance to remove impact to existing city metered parking, redesign of the commercial space to
improve site lines from the Riverside Avenue driveway, increase in driveway width to 24 feet
minimum, increase in parking space width to 9’ minimum when adjacent to a wall and redesign
of the parking structure to reduce its footprint and allow for a terrace to support landscape to
provide visual screening of the proposed upper level parking. This last change was made in
response to the city’s concern over the visual impact of the parking to the residences above.
Please find attached a scaled section diagram illustrating existing and proposed site lines from
the upslope residences to both the existing and proposed parking. Currently, all 16 existing
parking spaces located on two levels are visible from the residences above. The proposed design
locates all of the proposed parking further away from the residences, down at the same elevation
as the lowest level of the existing parking and provides landscape screening to reduce the
number of vehicles visible from the residences from sixteen (16) to nine (9). The nine (9) spaces
that are visible are significantly further away from the residences than the existing and would not
be effectively screened by an overhead structure.
The submittal package includes; preliminary architectural plans (site plan, floor plans, sections
and elevations), preliminary landscape plan, preliminary grading/drainage/ WQMP plans, area
overlays and before/after view shed images from the adjacent parkland and surrounding streets.
A noise study and a sewer/water study are both underway and should be completed within the
next two weeks. Pending the outcome of those studies, we look forward to working with staff to
incorporate any required mitigation.
Required Entitlements
1. Coastal Development Permit (“CDP”) to permit the demolition and construction.
2. Conditional Use Permit (“CUP”) to permit the parking structure component of the Project
because the Project Site is adjacent to a residential zoning district.
The Planning Commission is the municipal body with authority to review and approve
the requested entitlements.
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Letter of Justification
Coastal Development Permit (NBMC Section 21.52.015)
The Project is within the Coastal Zone and, therefore, requires approval of a coastal
development permit (“CDP”).
Finding 1
The project conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding
1. The CLUP designates the Project Site as General Commercial, which provides for a wide
variety of commercial activities to serve citywide or regional needs. The Project would
provide for office uses and parking, both of which serve needs of the City.
2. The CLUP imposes a FAR range from 0.0 – 0.75 FAR for the Project Site. The NBMC
limits FAR to 0.50 (per the City’s Zoning Map). The Project’s total floor area is 3,030
square feet, which amounts to a FAR of 0.18, which is well below the maximum.
3. The Project structure complies with the setback requirements of the NBMC, which are zero
feet on all lot lines, but for the rear and side lines that abut residential uses. A five-foot
setback applies to portions of the Project Site abutting residential uses.
4. The Project’s proposed uses – office and parking – are permitted by the NBMC, General
Plan, and CLUP.
5. The Project Site is not within any of the CLUP’s identified districts or corridors, although it
is located adjacent to the Mariners’ Mile area. Mariners’ Mile is characterized by the CLUP
as proper for restaurants, residential, office, and other commercial uses. Thus, the Project
would be consistent with the intended development of the Mariners’ Mile area, as outlined in
the CLUP.
6. The Project is protective of coastal resources because it proposes the redevelopment of a
parcel with existing development, consistent with CLUP Policies 2.2.1-1, 2.2.1-2, and 2.2.1-
2, all of which promote redevelopment of developed areas with adequate public services.
7. The existing uses (restaurant, office, and parking) are not coastal dependent. The Project will
not eliminate coastal dependent uses in favor of non-coastal dependent uses. (CLUP Policy
2.4.1-3.)
8. The Project Site is outside of the Shoreline Height Limit Zone and, therefore, is permitted a
maximum height of 32 feet with a flat roof. The Project complies with this maximum height
and actually proposes substantially lesser height across the majority of the structure. The
Project would lessen development intensity on the Project Site.
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9. The building is designed with a high level of architectural quality and is compatible with
other buildings in the immediate vicinity, including the adjacent The Garden shopping center.
10. The Project Site is not readily visible from West Coast Highway, a coastal view road (per the
General Plan). A designated public view point exists northwest of the Project Site at the
public park on Cliff Drive. However, the Project Site is also not in the line of sight of
Newport Bay from the public park on Cliff Drive. Therefore, no impact to coastal views
would result from the Project.
11. The Project will re-develop the site with structures that are generally of a lesser overall
height than existing structures, which would benefit adjacent residences. Therefore, the
Project is consistent with the General Plan and the CLUP’s polices related to protection of
coastal views from West Coast Highway. (e.g., CLUP Policy 4.4.1-6.)
12. The building’s parking areas, access points, and on-site circulation are designed to provide
adequate drive aisles and minimum vehicle turning areas to provide safe access for guests,
emergency vehicles, and refuse collection vehicles.
13. The Project will establish office uses, which will contribute to the revitalization of the area
by bringing in workers that will patronize area restaurants.
Finding 2
The project conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or shoreline of
any body of water located within the coastal zone.
Facts in Support of Finding
1. The Project Site is not located between the nearest public road and the sea or shoreline.
2. The Project would not conflict with the Coastal Act’s public access and public recreation
policies because (1) it would redevelop a property with existing non-coastal dependent uses
or uses that facilitate access to the waterfront, (2) would not obstruct access to Newport Bay
or the waterfront, and (3) is served by adequate parking.
Conditional Use Permit for a Parking Structure Adjacent to a Residential Zone
Because the Project’s parking component would provide excess spaces that would serve
off-site uses and the Project Site is located adjacent to a residential zone, a CUP is required.
Finding 1
The use is consistent with the General Plan and any applicable specific plan.
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Facts in Support of Finding
1. The Project is consistent with applicable zoning and the General Plan, both of which
designate the Project Site for commercial uses. The Project Site is not subject to an adopted
Specific Plan.
2. The Project would redevelop an underperforming site with office space, which would
contribute to the local economy and enhance the neighborhood, which is intended as a mix of
office, commercial, retail, and residential uses. (General Plan Policies LU 1.5 and LU 3.2.)
3. The Project would not impact any important or protected public views. (General Plan Policy
LU 1.6.)
4. Architecturally, the Project would be consistent with adjacent commercial uses located at
The Garden, an existing shopping center. This would ensure compatibility within the
corridor/district center. (General Plan Policy LU 5.2.1.)
5. The Project would reduce physical encroachment toward adjacent residential uses, would
incorporate robust landscaping, include decorative walls, and lower the overall height of
structures on the Project Site. Thus, the Project is designed to be compatible with and
minimize impacts to adjacent residences. (General Plan Policies LU 5.2.2 and LU 5.6.1.)
Finding 2
The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding
1. The use is allowed within the applicable zoning district, which permits development of
General Commercial properties with office and commercial uses.
Finding 3
The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding
1. The Project is compatible with the surrounding uses of the area, which include retail,
automobile sales, restaurants, and other commercial uses. The adjacent residential uses are
located substantially above the Project Site on a bluff, minimizing any potential impact.
Moreover, the Project would be of a lesser overall height and massing than existing
development.
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2. The Project building complies with all development standards of the NMBC, including
setbacks and height.
3. The Project would reduce the intensity of uses existing on the Project Site by eliminating
approximately 5,000 square feet of commercial uses.
4. All access points are designed to ensure vehicular and pedestrian safety, and abide by all
NBMC standards.
Finding 4
The site is physically suitable in terms of design, location, shape, size, operating characteristics,
and the provision of public and emergency vehicle (e.g., fire and medical) access and public
services and utilities.
Facts in Support of Finding
1. Appropriate sight distance is provided at each driveway. The Project’s parking areas, access
points, and on-site circulation are designed to provide adequate drive aisles and minimum
vehicle turning areas to provide safe access for guests, emergency vehicles, and refuse
collection vehicles.
2. The Project provides access for emergency and non-emergency vehicles as required by the
NBMC.
Finding 5
Operation of the use at the location proposed would not be detrimental to the harmonious and
orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the
public convenience, health, interest, safety, or general welfare of persons residing or working in
the neighborhood of the proposed use.
Facts in Support of Finding
1. The Project would enhance views of the Project Site from nearby bluff-top residences by
eliminating impervious surfaces and paving on the site, and introducing architectural
elements and substantial landscaping.
2. The Project will re-develop the site with structures that are generally of a lesser overall
height than existing structures, which would benefit adjacent residences.
3. The Project has been designed to ensure that potential conflicts with surrounding land uses
are minimized to the extent possible to maintain a healthy environment for both businesses
and residents by providing an architecturally pleasing project with articulation and building
elements that enhance the urban environment.
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4. The Project will include exterior lighting. However, the site is already developed with an
existing building that includes exterior lighting. Moreover, all exterior lighting will comply
with NBMC Section 20.30.070, which requires outdoor lighting fixtures be designed, aimed,
located, and maintained to shield adjacent properties from light spillage.
5. The Project will be constructed to a maximum height of 32 feet, which is consistent with the
heights of other commercial structures in the vicinity and the provisions of the NBMC. The
Project’s height will not impact adjacent residences because those residences are located
substantially above the Project Site on a bluff.
6. The Project is compatible with the surrounding uses of the area, which include retail,
automobile sales, restaurants, and other commercial uses. The adjacent residential uses are
located substantially above the Project Site on a bluff, minimizing any potential impact.
Moreover, the Project would be of a lesser overall height and massing than existing
development.
7. Adequate parking is provided on-site for the Project’s proposed uses.
8. The Project will remove existing minor encroachment’s into the public park located on Cliff
Drive (to the west and east of the Project Site).
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