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HomeMy WebLinkAbout1400 Bristol Project Justifications_08.14.2023 Project Justifications 1400 North Bristol Street Pursuant to Newport Beach Municipal Code (NBMC) Section 20.52.080(F), the reviewing authority may approve or conditionally approve a Site Development Review after making certain requisite findings. The following Project Justifications for the 1400 North Bristol Street residential development project (“Project”) demonstrates that all of the requisite findings for a Site Development Review can be made for the Project. Section 20.52.080(F)(1) The proposed development is allowed within the subject zoning district. Findings in Support: The Project site located on Industrial Site 3A of the Newport Place Planned Community (“PC- 11”) zoning district in the City’s Airport Area. The PC-11 zoning permits professional and business offices, hotels and motels, retail, restaurants, and light industrial, and Industrial Zones within in the PC-11 district allow light industrial uses and business offices. Portions of PC-11 are subject to a Residential Overlay, wherein multi-family residential developments are permitted as a stand-alone use provided minimum affordable housing requirements are met. The Project site is currently not within the Residential Overlay, but Applicant has requested a PC-amendment to include the Project site within the PC-11 residential overlay. With approval of the PC- amendment, the Project will be consistent with the use regulations of the PC-11 zoning text. Section 20.52.080(C)(2)(c)(i) The proposed development complies with this Section NBMC 20.52.080(F), the General Plan, the Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure. Findings in Support: See above regarding Zoning Code consistency. The Project site is designated as “General Commercial-Office (CO-G)” under the City’s General Plan. The CO-G land use category is “intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. Hotels, motels, and convalescent hospitals are not permitted.” Applicant has sought a General Plan Amendment to change the existing General Plan land use designation from “General Commercial-Office” to “Mixed Use Horizontal 2 (MU-H2),” which “provides for a horizontal intermixing of uses that may include regional commercial office, multi-family residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses.” The MU-H2 designation allows a maximum of 2,200 residential units as replacement of existing office, retail, and/or industrial uses at a maximum density of 50 units per net acre, exclusive of density bonuses allowed by State Density Bonus Law. 2 #226766009_v1 The City’s General Plan contains a number of policies that provide for the orderly development of the Airport Area, from a business park, to a mixed- use district with cohesive residential villages integrated within the existing fabric of office, industrial, retail, and airport – related businesses. The Project is consistent with applicable policies of the City’s General Plan, including but not limited to: General Plan Policy Project Consistency Land Use Element Policy LU 2.3 Range of Residential Choices. Provide opportunities for the development of residential units that respond to community and regional needs in terms of density, size, location, and cost. Implement goals, policies, programs, and objectives identified within the City’s Housing Element. Consistent. The Project will provide 229 total residential dwelling units, of which 206 will be market rate and 23 will be affordable. The Project will provide a diverse mix of residential dwelling units (both in terms of size and affordability levels) in furtherance of the City’s General Plan and Sixth Cycle Housing Element. LU 6.15.1 Land Use Districts and Neighborhoods. Provide for the development of distinct business park, commercial, and airport-serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. Consistent. The Project will provide 229 additional residential dwelling units (including affordable units) to the Airport Area in proximity to other approved developments (including 1300 Bristol Street Apartments). The Project will advance the City’s General Plan policies that provide for a mix of integrated uses in the Airport Area. LU 6.15.2 Underperforming Land Uses. Promote the redevelopment of sites with underperforming retail uses located on parcels at the interior of large blocks for other uses, with retail clustered along major arterials (e.g., Bristol, Campus, MacArthur, and Jamboree), except where intended to serve and be integrated with new residential development. Consistent. The Project will convert an underutilized office building along Bristol Street in the Airport Area into a new beneficial use: a multifamily residential project. LU 6.15.3 Airport Compatibility. Require that all development be constructed in conformance with the height restrictions set forth by Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development be located outside of the 65 dBA CNEL noise contour specified by the [1985 JWA Master Plan]. [Note; subject to revision given pendency of Noise-Related Amendments.] Consistent. The Project will be located outside the 65 DBA CNEL contour of the 2014 John Wayne Airport (JWA) Settlement Agreement Amendment EIR (No. 617), and therefore is consistent with the land use and noise-related policies of the General Plan (including LU 6.15.3). The Project Site is in Safety Zone 6 of the JWA Airport Environs Land Use Plan (“AELUP”), the FAR Part 77 Obstruction Imaginary Surface Zone, and the FAR Part 77 Notification Area. The Project’s proposed 85 feet height is consistent with the allowable uses under the AELUP Safety Zone 6 and is under the 200 feet height limit for the AEULUP and for FAA Part 77 notification. Land Use Element Policy LU 6.15.5 Residential and Supporting Uses. Accommodate the development of a maximum of 2,200 multi-family residential units, including work force housing, and mixed-use buildings that integrate residential with ground level office or retail uses, along with supporting retail, grocery stores, and parklands. Residential units may be developed only as the replacement of underlying Consistent. LU Policy 6.15.5 established a development limit of 2,200 maximum dwelling units for the Airport Area, exclusive of density bonuses permitted under SDBL. The Project’s 153 base residential units is within the 2,200 maximum for the Airport Area established by the General Plan. 3 #226766009_v1 permitted nonresidential uses. When a development phase includes a mix of residential and nonresidential uses or replaces existing industrial uses, the number of peak hour trips generated by cumulative development of the site shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses. Land Use Policy LU 6.15.7. Overall Density and Housing Types. Require that residential units be developed at a minimum density of 30 units and maximum of 50 units per net acre averaged over the total area of each residential village. Net acreage shall be exclusive of existing and new rights- of-way, public pedestrian ways, and neighborhood parks. Within these densities, provide for the development of a mix of building types ranging from townhomes to high- rises to accommodate a variety of household types and incomes and to promote a diversity of building masses and scales. Consistent. The Project proposes 153 “base” units on a 2.38 acre parcel, which equates to 64 du/ac. The Project's 153 base units are comprised of 89 units from the conversion of the office building to residential and 64 additional units allocated to the Airport Area (Statistical Area L4) under the General Plan. The Project qualifies for a 50% density bonus (i.e., 77 units) in exchange for providing the necessary level of affordable housing. Land Use Policy LU 6.15.17 Street and Pedestrian Grid. Create a pattern of streets and pedestrian ways that breaks up large blocks, improves connections between neighborhoods and community amenities, and is scaled to the predominantly residential character of the neighborhoods.. Consistent. The Project will provide residents with vehicular access to the Project via two driveways. The first driveway will connect Bristol Street to the Project’s garage at the western portion of the Project. The second driveway will provide a turnaround and garage access to the Project via Spruce Avenue. The Project will also provide sufficient sidewalks along Bristol Street and Spruce Avenue to accommodate pedestrian foot traffic to and from the Project site. Section 20.52.080(C)(2)(c)(ii) The proposed development has an efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and the relationship is based on standards of good design. Findings in Support: The Project would include a modern contemporary style with articulated facades composed of a mix of stucco, fiber cement board siding, and tile veneer façade accents. The color scheme would be white, dark grey, and beige. Metal awnings and metal railings on the private decks would further provide façade articulation. The architectural design of the Project reflects the surrounding office context. Its contemporary forms complement the existing office buildings to create a building that respects the current condition while creating a distinctly unique identity. The Project corners are enhanced with rich materials to bring attention to and articulate the prominent areas of the Project. The approach to the building site orientation was to create a sheltered refuge in the greater business development by enclosing the courtyards from the busy roadways of Spruce Avenue and Bristol Street. 4 #226766009_v1 Section 20.52.080(C)(2)(c)(iii) The proposed development is compatible in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; Findings in Support: See above. The Project will also comply with all applicable development standards of the PC-11 zoning text, including standards governing bulk, scale and design criteria. Section 20.52.080(C)(2)(c)(iv) The proposed development has adequate, efficient and safe pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces. Findings in Support: Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest. Since Bristol Street North is a one-way street, the relocated project driveway at Bristol Street North will continue to provide right turn in/out only access. The project driveway at Spruce Street will continue to provide full access. The driveway entrance on Spruce Avenue would lead another gated entry for residents and guests. The gated entry would be open during business hours for guests. After business hours, guests would use a free-standing call box for entry. A designated turn out area is proposed within the North Bristol Street entry for loading and trash. Separately, a turnout area on Spruce Avenue is proposed for ride share pick up and drop offs. Based on review of the adjacent development and lane configurations along Bristol Street North and Spruce Street, the existing lane configurations are anticipated to provide adequate circulation. Therefore, the Project will have adequate, efficient and safe pedestrian and vehicular access to and from the Project (including driveways, parking and loading spaces). Section 20.52.080(C)(2)(c)(v) The proposed development has adequate and efficient landscaping and open space areas and the use of water efficient plant and irrigation materials. Findings in Support: Landscaping would be provided around the site perimeter and within the Project site. The frontage along Spruce Avenue and North Bristol Street is contemplated to be landscaped with attractive and water-efficient vegetation (examples may include shoe-string acacia, Brisbane box, date palms, and little gem southern magnolia trees) as well as groundcover and shrubs. Landscaping around the residential building may include dragon tree, agave, and cactus with groundcover and shrubs. The pool courtyard’s landscaping is also contemplated to include water- efficient vegetation, potentially including olive trees, king palms, dragon tree, and Brisbane box 5 #226766009_v1 trees. All plant species are water conserving and have deep root systems, which stabilize soil conditions and minimize erosion impacts. The Project would therefore contain adequate and efficient landscaping and open space areas, and use water-efficient plant and irrigation materials. Section 20.52.080(C)(2)(c)(vi) The proposed development ensures the protection of significant views from public right(s)-of- way and complies with Section 20.30.100 (Public View Protection). Findings in Support: The proposed residential structure would be a six-story podium building with three-levels of structured parking: one level on grade and two levels below ground. The building would be approximately 85 feet high, measured from the established grade to the top of the rooftop parapet. Applicant has requested a waiver of the PC-11 height limit (55 feet) pursuant to SDBL. The City of Newport Beach General Plan does not identify any scenic vistas or view points in the Airport Area, including or proximate to the site. The nearest public view point to the project site identified in the General Plan is approximately 1.1 miles south of State Route (SR) 73 at Bayview Park. The nearest coastal view designated portion of Jamboree Road to the project site is south of SR -73; it is approximately 0.6 mile south of the site. Due to the distance, intervening development, and highly urbanized nature of the Airport Area (including the Project site and adjacent sites), public coastal views along this view corridor would not be impacted by the Project. Accordingly, no new impacts relative to adverse effects on a scenic vista or a substantial increase in the severity of a previously identified significant impact evaluated in the General Plan Program EIR would occur. Section 20.52.080(F)(3) The proposed development is not detrimental to the harmonious and orderly growth of the City, or 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 development. Findings in Support: The Project has been designed to ensure that potential conflicts with surrounding uses are minimized to the extent possible to maintain a healthy environment for both surrounding businesses and residents. The Project is designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles. Refuse collection is accommodated via an on- site staging area along the private driveway to ensure safe maneuvering by refuse vehicles. Emergency vehicles will have access via Bristol Street and Spruce Street. The Project site is located approximately 0.6 miles east of the southernmost John Wayne Airport runway and is within the notification area of the Airport Environs Land Use Plan ("AELUP") for John Wayne Airport. However, the Project is below the minimum transitional imaginary surface 6 #226766009_v1 heights, and thus the Project is within the building height limits of the AELUP. Consistent with the residential overlay, the Project has been conditioned to provide notice to all future residents of potential annoyances or inconveniences associated with residing in proximity to airport operations. The Project is also located outside the 65 DBA CNEL noise contour of the 2014 JWA Settlement Agreement Amendment EIR (No. 617), and thus is consistent with the City’s land use and noise-related policies regarding the placement of residential development projects in relation to JWA. The Project will comply with all Building, Public Works, Fire Codes, City ordinances, and all conditions of approval.