HomeMy WebLinkAbout1902 - APPROVE CUP, MD, SD, NT AND VA_ 3900 AND 3928 EAST COAST HWYRESOLUTION NO. 1902
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2012 -011, MODIFICATION PERMIT NO.
MD2012 -011, SITE DEVELOPMENT REVIEW NO. SD2012 -001,
TENTATIVE TRACT MAP NO. NT2012 -001, AND VARIANCE NO.
VA2012 -002 FOR THE CONSTRUCTION OF A 2,160- SQUARE-
FOOT COMMERCIAL OFFICE ADDITION AND SIX DWELLING
UNITS LOCATED AT 3900 AND 3928 EAST COAST HIGHWAY
(PA2010 -061)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION I. STATEMENT OF FACTS.
1. An application was filed by Marcelo E. Lische, architect representing property owner,
Magdi Hanna, with respect to property located at 3900 and 3928 East Coast Highway,
and legally described as Lots 54, 55, 56, 57, 58, and portions of abandoned alley, Block
B, Tract No. 673, requesting approval of a site development review, conditional use
permit, modification permit, tentative tract map, and variance.
2. The project includes a horizontal mixed -use development with six detached dwelling
units above a common subterranean parking structure, a 2,160- square -foot office
addition above an existing 535 - square -foot delicatessen (Gallo's Deli), and a 10 -space
shared, ground level parking lot. The following approvals are requested or required in
order to implement the project as proposed:
a. A site development review to ensure compatibility with the site and surrounding
land uses.
b. A conditional use permit to allow parking for nonresidential uses in a residential
zoning district and to allow off -site parking.
c. A modification permit to allow a retaining wall up to 17 feet 2 inches in height,
where the Zoning Code limits the height to 8 feet.
d. A variance for the residential structures to establish a 15 -foot front setback and
corresponding buildable area, where a 20 -foot setback is currently required.
e. A tentative tract map for condominium purposes and to consolidate five lots and
portions of a vacated alley into two lots.
3. The subject property at 3900 East Coast Highway is located within the Commercial
Corridor (CC) Zoning District and the General Plan Land Use Element category is
Corridor Commercial (CC).
4. The subject property at 3928 East Coast Highway is located within the Multiple -Unit
Residential (RM) Zoning District and the General Plan Land Use Element category is
Multiple -Unit Residential (RM).
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5. The subject properties are not located within the coastal zone.
6. A public hearing was held on December 6, 2012, 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. The Planning Commission voted to continue the
item to the January 3, 2013 meeting.
7. A public hearing was held on January 3, 2013, 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.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 32 (Infill Development
Projects). This exemption applies to in -fill development projects in urban areas that are
consistent with the General Plan and applicable development standards. In addition,
the proposed development must occur on a site of no more than five acres, have no
value as habitat for endangered, rare or threatened species, be adequately served by
all utilities and public services, and must not result in any significant effects relating to
traffic, air quality, water quality, or any other significant effect on the environment due
to an unusual circumstance.
2. An analysis and exemption determination was prepared for this project. CEQA Class
32 consists of projects characterized as in -fill development meeting the conditions
described above. The proposed project consists of the development of new
commercial office space with required off - street parking and six detached dwelling
units and is consistent with the City's General Plan land use designations (Corridor
Commercial and Multiple -Unit Residential) and zoning designations. Potential
development of the project site was considered and analyzed in the City's 2006
General Plan EIR for potential environmental impacts. Based on that analysis, there is
no reasonable probability that the proposed project will have a significant effect on the
environment due to unusual circumstances, nor will the project result in any short-term
or long -term impacts that were not previously considered in the Newport Beach
General Plan and General Plan EIR. Implementation of the proposed project will not
result in any adverse effects on sensitive biological resources, traffic, air quality, noise
or water quality. The project site does not exceed five acres in area, is located in an
urban area, and can be adequately served by all required utilities and public services.
Therefore, the proposed project meets all of the conditions described above for in -fill
development and qualifies for a Class 32 exemption.
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SECTION 3. REQUIRED FINDINGS.
Site Development Review
1. A site development review is required for the construction of five or more residential
units processed in conjunction with a tentative tract map. Also, because the proposed
project is essentially a mixed -use development with horizontal inter - mixing of
residential and commercial uses and a shared parking lot, the site development review
analyzes the project as a whole for compatibility with the site and surrounding land
uses. In accordance with Section 20.52.080 (Site Development Review) of the Zoning
Code, the Planning Commission must also make the following findings for approval of
a site development review:
Finding:
A. Allowed within the subject zoning district;
Facts in Support of Finding:
A -1. The zoning designation for the commercial component at 3900 East Coast
Highway is Commercial Corridor (CC), which is intended to provide for areas
appropriate for a range of neighborhood- serving retail and service uses along
street frontages that are located and designed to foster pedestrian activity. A
commercial building with retail, office, and restaurant uses are permitted for the
commercial component of the proposed project at 3900 East Coast Highway.
The existing food use (Gallo's Deli) was previously permitted through Specialty
Food Permit No. 38 and would continue operating under said permit.
A -2. The zoning designation for the residential component at 3928 East Coast
Highway is Multiple -Unit Residential (RM, 8 DU), which is intended to provide
for areas appropriate for multi -unit residential developments containing attached
or detached dwelling units. The site is limited to a maximum of eight dwelling
units. The proposed project consists of the development of six detached
dwelling units, which is consistent with the zoning designation of the site.
A -3. The subject property is not part of a specific plan area.
Finding:
B. In compliance with all of the applicable criteria [below]:
a. Compliance with this Section, the General Plan, this Zoning Code, any
applicable specific plan, and other applicable criteria and policies related to
the use or structure;
b. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent
development; and whether the relationship is based on standards of good
design;
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c. The compatibility in terms of bulk, scale, and aesthetic treatment of
structures on the site and adjacent developments and public areas;
d. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;
e. The adequacy and efficiency of landscaping and open space areas and the
use of water efficient plant and irrigation materials; and
f. The protection of significant views from public right(s) -of -way and
compliance with Section 20.30. 100 (Public View Protections); and
Facts in Support of Finding:
Ba -1. The proposed detached residential condominiums are permitted uses within the
RM General Plan land use designation and zoning district. The commercial
component of the project would consist of a general office and food use, which
are permitted uses within the CC General Plan land use designation and zoning
district. The food use is an existing use which would continue operating under
Specialty Food Permit No. 38.
Ba -2 As required by the Zoning Code, a conditional use permit has been requested
for the commercial off -site parking arrangement on the residential lot, a
variance has been requested to establish a 15 -foot front setback for the
purposes of setbacks and buildable area for the residential component, and a
modification permit has been requested to allow for the proposed height of the
retaining wall.
Ba -3. The size, density, and character of the proposed residential dwelling units
complement the existing land uses in the project area and include design
elements consistent with Land Use Element Policy 5.1.9 (Character and Quality
of Multi - Family Residential) that requires multi - family dwellings to be designed
to convey a high quality architectural character. Consistent with this policy, the
architectural treatment of the building includes high quality finishes and
modulation of mass to convey the character of separate living units and
avoiding the appearance of a singular building volume. The roofs have been
designed with inverted sloping planes to provide visual interest. Significant
private open space would also be provided in the form of large balconies, yard
areas, and further complemented with additional common recreational open
space area to provide a pleasant living environment with opportunities for
recreation.
Ba -4. The General Plan also includes Policy LU 6.20.1 that encourages neighborhood
serving uses that complement existing development. Policy 6.20.3 encourages
the redevelopment of residential parcels immediately adjoining commercial
uses that front onto Coast Highway for surface parking. The proposed project
requests a shared parking arrangement that is consistent with the policy
overview for the Corona Del Mar corridor.
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Bb -1. The residential and commercial components of the project are integrated as a
unified development through the use of similar architectural style and design
elements, shared use of parking, and internal pedestrian connectivity.
Bb -2. The proposed office addition above the existing food use has been designed to
improve the aesthetics of the site and improve the commercial presence and
interface on East Coast Highway.
Bb -3. Due to the approximate 17 -foot grade differential between the project site and
the existing residential property to the rear at 408 Hazel Drive and 10 -foot 7-
inch separation from the commercial addition to the residential property line, the
residential property will not be negatively impacted by the project and will
maintain increased privacy and open space.
Bb -4. Consistent with General Plan Policy LU 6.20.3 and the Policy Overview for
Corona del Mar, to facilitate redevelopment of the commercial lot, parking
spaces required for the office addition would primarily be accommodated on the
adjacent residential lot. During the evening, the parking spaces would also
provide additional parking opportunities for the residential development. This
shared parking arrangement provides flexibility to accommodate the varying
peak parking demands of the commercial and residential uses, efficiently
utilizes the site to maximize the number of spaces that can be provided on -site,
and serves as a buffer between the proposed residential units and expanded
commercial building.
Bb -5. The residential component of the project has been designed as six detached
units above grade, minimizing the bulk and mass of the project and provides for
increased open space, light, and air for each unit. Below grade, the project has
been designed to efficiently accommodate private garages and guest parking
within a single subterranean parking structure.
Bb -6. The mechanical equipment enclosure for the commercial building has been
located approximately 29 feet away from the adjacent residential lot to the rear
and approximately 57 feet from the proposed residential units to the west to
reduce noise impacts, and would be screened within an equipment enclosure.
Bb -7. Both the commercial and residential components of the project provide
separate and well- defined entries.
Bc -1. The unified design theme of the commercial and residential component of the
project provides for an architectural transition between the residential uses that
front East Coast Highway to the east and the commercial corridor that begins to
the west.
Bc -2 The height and bulk of the proposed commercial building are consistent in scale
with the commercial building to the west that has roof top parking. The
commercial building would also be setback 10 feet 7 inches to the existing
residential property line located to the rear and due to the difference in grade
(approx. 17 feet), the visual bulk of the building would be minimized when
viewed from above.
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Bc -3. The proposed commercial building fronts East Coast Highway, thereby
implementing the General Plan policies to foster pedestrian activity with the
Corona del Mar commercial corridor.
Bc -4. The front fagade of the commercial building includes both vertical and horizontal
off -sets and utilizes a variation of building materials to provide enhanced visual
relief.
Bc -5. The proposed residential units have been designed with horizontal off -sets and
variation in roof heights to provide visual interest. In addition, the massing of the
units is broken up by the varying building separation.
Bc -6. The height, bulk, and scale of the residential units are consistent with the
adjacent residential condominium complex to the east.
Bc -7. The shared ground level parking lot provides a buffer between the proposed
commercial and residential uses and is designed to maintain privacy for the
residential tenants and protection from vehicular impacts.
Bd -1. The project would consolidate the three existing driveways along East Coast
Highway into two driveways, thereby reducing potential conflicts and increasing
vehicular safety.
Bd -2. The consolidation of driveways also increases the number of on- street parking
spaces along the project frontage from two spaces to a total of five spaces
(three new spaces).
Bd -3. The residential component includes separate and independent access via the
easterly driveway into a subterranean parking structure. Furthermore, each
residential unit would be afforded a private enclosed garage with direct interior
access to their units.
Bd -4. The project results in a total peak parking requirement of 24 ground level
spaces (nine spaces for the commercial office floor area, 12 residential parking
spaces, and three residential guest parking spaces), which can be provided
entirely on -site within the 14 -space subterranean parking lot and the 10 -space
ground level parking lot.
Bd -5. The existing specialty food use was approved under Specialty Food Permit No.
38 without any required parking and will continue to operate as a vested land
use right.
Bd -6 The 10 -space ground level parking lot would be accessed via the westerly
driveway and would accommodate parking for the commercial uses and guests
of the residential units. The shared parking arrangement allows for flexibility for
use of the parking spaces during the varying peak parking demands of the
commercial and residential uses.
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Bd -7. The proposed ground level parking lot has been designed to accommodate and
provide safe access for emergency, delivery, and refuse collections vehicles, as
determined by the City Traffic Engineer.
Bd -8. The project provides adequate sight distance at each driveway, as determined
by the City Traffic Engineer.
Bd -9. The project would include enhanced pedestrian walkways that provide access
between the various uses and within the project site, and to the surrounding
public sidewalks and uses.
Be -1. The residential component includes the enhanced use of landscaping, including
a variation of ornamental groundcover, vines, shrubs, and trees, to help soften
and buffer the massing of the condominium units from the commercial uses to
the west, residential uses to east, and from East Coast Highway.
Be -2. The shared parking lot complies with the landscape parking lot requirements of
Newport Beach Municipal Code (NBMC) Sec. 20.40.070.D.3 (Landscaping) and
includes adequate and effective use of ground cover, hedges, and shade trees.
The parking lot is also screened from East Coast Highway by a 5- foot -wide
planter.
Be -3. A six -foot -high block wall and row of columnar trees would be provided between
the residential units and the shared parking to provide a screening buffer.
Be -4. The project is subject to the City's Water Efficient Landscape Ordinance
(Chapter 14.17 of NBMC).
Be -5. The relocated outdoor dining area of the existing food use will be better defined
for compliance with the condition of Specialty Food Permit No. 38 through the
use of planter boxes, which will also improve the appearance of the site.
Be -6. The proposed residential development includes a large common outdoor living
area of 533 square feet that includes a spa and barbeque area. In addition,
each unit is afforded private outdoor living space in the form of large balconies
and /or private yard areas.
Bf -1. The portion of East Coast Highway, on which the project is located, is not a
designated coastal view road and is not considered a public view corridor.
Finding:
C. 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.
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Facts in Support of Finding:
C -1. The project has been conditioned 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.
C -2. The project's trash enclosure would be shared between the residential and
commercial component, and would be located at the rear of the commercial lot.
The size, design, location, and screening of the refuse enclosure comply with
the requirements of NBMC Sec. 20.30.120 ensuring compatibility with the on-
site and adjacent uses. Adequate access to refuse containers would be
provided through the shared parking lot and noise and visual impacts to the
adjacent residential use to the rear would be minimized due to the retaining
wall, differences in grade, and landscaping.
C -3. The project is subject to the City's Outdoor Lighting requirements contained
with Section 20.30.070 of the Zoning Code.
C -4. The relocated 125 - square -foot outdoor dining area of the existing food use would
be covered by the office addition above and would be screened and noise
attenuated from the existing adjacent residential use to the rear due to the
difference in grade.
C -5. The specialty food use and the proposed general office would not maintain late
hours as defined by the Zoning Code to be later than 11:00 p.m.
C -6. Roof -top mechanical equipment would be fully enclosed within an equipment
screen and would not be visible from the residences above. The rooftop
mechanical equipment enclosure has been located at the center of the
commercial building to minimize the bulk of the building as viewed from East
Coast Highway.
C -7. Tenant improvements to the new commercial component of the development
will comply with all Building, Public Works, and Fire Codes. All ordinances of
the City and all conditions of approval will be complied with.
Conditional Use Permit — General Findings
2. A conditional use permit is requested to allow off -site parking for the commercial
development at 3900 East Coast Highway to be located on the adjacent residential
property at 3928 East Coast Highway. In accordance with Section 20.52.020.F
(Findings and Decision) of the Newport Beach Municipal Code, the following findings
and facts in support of the findings for a conditional use permit are set forth:
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Finding
A. The use is consistent with the General Plan and any applicable specific plan:
Facts in Support of Finding
A -1. The proposed detached residential condominiums are consistent with the RM
General Plan Land Use Element designation.
A -2. The proposed general office and food uses within the commercial component
are consistent with the CC General Plan land use designation.
A -3. Land Use Policy LU6.20.3 (Expanded Parking) for Corona Del Mar seeks to
accommodate the redevelopment of residential parcels immediately adjoining
commercial uses that front onto Coast Highway for ground level parking,
provided that adequate buffers are incorporated to prevent impacts on adjoining
residential uses. The proposed project requests a shared parking orientation
that is consistent with the policy overview for the Corona Del Mar corridor.
Adequate walls and landscape buffers will be provided to clearly delineate the
change of uses along the Coast Highway frontage.
A -4. The subject properties are not part of a specific plan area.
Finding
B. 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
B -1. The proposed detached residential condominiums are permitted uses within the
RM zoning district.
B -2. The proposed general office and food uses within the commercial component
are consistent with the CC zoning district.
B -3. The required number of parking spaces to accommodate the new commercial
development will be provided in a shared parking situation across the commercial
property and the adjacent residential property at 3928 East Coast Highway. The
proposed parking lot complies with the requirements as provided in Section
20.40.080 (Parking for Nonresidential Uses in Residential Zoning Districts),
which requires the parking area to be designed to be compatible with and to not
fragment the adjacent neighborhood, located within a reasonable walking
distance to the use it is intended to serve, and to not be detrimental or injurious
to property and improvements in the neighborhood.
Finding
C. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity:
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Facts in Support of Finding
C -1. All of the required parking for the additional commercial development would be
provided within close proximity and in an accessible manner for patrons at 3900
East Coast Highway.
C -3. The shared parking lot is primarily intended to serve the parking demands of the
proposed commercial office floor area; however, parking will be unrestricted in the
evenings so as to allow for additional parking opportunities for the residential
component.
C -4. The residential users will have direct access to the commercial site and parking lot
through a secured gate, but would be adequately buffered from the parking lot
activity by solid 6- foot -high block walls, landscaping buffers, and minimal windows
designed facing the parking lot.
C -5. The project has been reviewed and found to be compliant with the parking area
requirements and landscaping standards as provided in Section 20.40.070
(Development Standards for Parking Areas) and the outdoor lighting standards
in Section 20.30.070 (Outdoor Lighting).
Finding
D. 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
D -1. The proposed parking lot provides adequate vehicle circulation and parking
spaces for patrons.
D -2. Adequate public and emergency vehicle access, public services, and utilities
are provided.
D -3. The development of the project site will comply with all Building, Public Works,
and Fire Codes. All ordinances of the City and all conditions of approval will be
complied with.
Finding
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, a safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
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Facts in Support of Finding
E -1. The project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest
extent possible.
E -2. The proposed commercial and residential development will serve the
surrounding residential and retail community. This will revitalize the project site
and provide an economic opportunity for the property owner to improve the
visual character of East Coast Highway, a major thoroughfare through Corona
Del Mar.
Conditional Use Permit- Additional Findings for Off -Site Parking
3. Pursuant to Section 20.40.100 of the Zoning Code, off - street parking on a separate lot
from the project site also requires the approval of a conditional use permit. In addition to
the standard conditional use permit findings, approval of off -site parking is subject to
specific findings. The following findings and facts in support of such findings are set
forth:
Finding
A. The parking facility is located within a convenient distance to the use it is
intended to serve.
Facts in Support of Finding
A -1. The off -site parking lot, located immediately adjacent to the subject property, is
essentially on -site.
Finding
8 On- street parking is not being counted towards meeting parking requirements.
Facts in Support of Finding
B -1. The nine parking spaces required to accommodate the additional commercial
development are provided entirely within the parking lot.
B -2. The enhancement of public improvements and parking are identified as an
opportunity for change within Land Use Policy LU3.3 of the General Plan. The
proposed project would close an existing driveway on 3928 East Coast
Highway and provide additional on- street parking available to the public.
Finding
C Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
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Facts in Support of Finding
C -1. The Traffic Engineer has reviewed and approved the configuration of the new
parking lot extension and proposed changes to the existing parking lot, and has
determined that the parking lot design will not create an undue traffic hazard in
the surrounding area.
C -2. The design consolidates three driveways into two driveways, thereby reducing
potential conflicts and increasing vehicular safety along East Coast Highway.
Finding
D The parking facility will be permanently available, marked, and maintained for
the use it is intended to serve.
Facts in Support of Finding
D1. Both of the commercial and residential components of the project site are
currently owned in common across six legal lots. The proposed tract map would
result in two new lots with commercial development on one and the six -unit
residential condominiums on the second. As a condition of approval, the
homeowner's association for the condominium development and the property
owner of the commercial property will be required to enter into a reciprocal
parking agreement for the joint use of the 10 -space ground level parking lot;
therefore, the parking facility will remain available, marked, and maintained as
intended.
Modification Permit
4. A modification permit is requested to allow construction of a retaining wall at a
maximum height of 17 feet 2 inches from the finished grade that is located at the
northwesterly corner of the lot located at 3900 East Coast Highway, where the Zoning
Code limits the height to 8 feet maximum. An increase in height of a retaining wall may
be requested per Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) of
the Zoning Code. In accordance with Section 20.52.050 (Modification Permits), the
Planning Commission must also make the following findings for approval of a
modification permit:
Finding:
A. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
A -1. The view of the new retaining wall from East Coast Highway will be partially
shielded by the second floor of the proposed commercial development.
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A -2. To minimize the massing and visual impact of the wall to the on -site users, a
planter wall and trash enclosure is proposed to be located in front of the
retaining wall and to improve its overall aesthetics.
Finding:
B. The granting of the modification is necessary due to the unique physical
characteristic(s) of the property and /or structure, and /or characteristics of the
use.
Facts in Support of Finding:
B -1. The proposed commercial lot is constrained due to size and the steepness of
the slope at northwesterly corner of the lot.
B -2. The commercial lot is currently developed with a food use and the proposed
development includes additional commercial office construction that would
maximize the development potential identified by the General Plan floor area
limit (0.75 FAR). The proposed retaining wall would accommodate the proposed
development and make sufficient useable area available to provide required on-
site parking for the new commercial office development.
Finding:
C. The granting of the modification is necessary due to practical difficulties
associated with the property and that the strict application of the Zoning Code
results in physical hardships that are inconsistent with the purpose and intent of
the Zoning Code.
Facts in Support of Finding:
C -1. Zoning Code regulations allow retaining walls at a maximum height of 8 feet
with a minimum separation requirement of 6 feet between walls. Due to the
topography of the project site, the construction of two terraced retaining walls
that comply with this standard would result in a significant loss of site area
necessary to provide on -site parking, vehicular circulation, and a trash
enclosure for the new commercial development
Finding:
D. There are no alternatives to the Modification Permit that could provide similar
benefits to the applicant with less potential detriment to surrounding owners and
occupants, the neighborhood, or to the general public.
Facts in Support of Finding:
D -1. Without this approval, the applicant would be required to construct a series of 8-
foot retaining walls with a 6 -foot separation between walls. This would result in
a significant loss of project site area that is necessary to provide required on-
site parking for the proposed use.
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D -2. A terraced design that provides the required separation would not be less
detrimental to existing residential property located to the rear at 408 Hazel Drive
because they would not be able to see the face of the retaining wall from their
vantage point due to the grade differential. Also, since the retaining wall is
partially screened as viewed from East Coast Highway, the terraced design
would not be readily visible from the public.
D -3. The location of the retaining wall, at the rear of the subject property is
appropriate given the proposed retaining wall would be adequately screened
from the adjacent right -of -way. The retaining wall will provide a planter wall and
trash enclosure in front of it to provide variation and articulation to improve the
visual aesthetic of the retaining wall, consistent with the intent of the wall
separation requirement.
Finding:
E. The granting of the modification would not be detrimental to public health,
safety, or welfare to the occupants of the property, nearby properties, the
neighborhood, or the City, or result in a change in density or intensity that would
be inconsistent with the provisions of this Zoning Code.
Facts in Support of Finding:
E -1. The proposed retaining wall would provide a wrought iron guardrail for safety on
the higher side of the property on the adjacent commercial and residential
properties.
E -2. The highest point of the retaining wall is near the northwest corner of the lot and
is screened by the proposed commercial building as viewed from Coast
Highway. Also, the retaining wall drops approximately 8 feet over a distance of
16 feet 6 inches, minimizing the height of the wall as the existing grade drops
so that the visual impact of the wall is reduced.
E -3. The design of the development will not conflict with any easements acquired by
the public at large for access through or use of property within the proposed
development. The portion of the property at 3900 East Coast Highway where
the retaining wall is proposed was previously an alley that has recently been
vacated by the City and granted to the property owner of 3900 East Coast
Highway.
Variance
5. A variance for the residential structures to establish a 15 -foot front setback and
corresponding buildable area where a 20 -foot setback is required. In accordance with
Section 20.52.090.F (Findings and Decision) of the Newport Beach Municipal Code,
the following findings and facts in support of a variance are set forth:
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Finding:
A. That there are special or unique circumstances or conditions applicable to the
subject property (e.g. location, shape, size, surrounding, topography, or other
physical features) that do not apply generally to other properties in the vicinity
under an identical zoning classification.
Facts in Support of Finding:
A -1. The subject property is a wide (approx. 165 feet), but shallow lot (approx. 91
feet). The shallowness of the lot creates a design constraint for developing the
site to its maximum allowed density of eight dwelling units, while still providing
for required parking, vehicular circulation, open space, and the required
setbacks. Due to these constraints, the applicant is only proposing to develop a
total of six dwelling units but is requesting the ability to encroach 5 feet into the
front 20 -foot setback, similar to other developed RM lots in the vicinity.
A -2. A 20 -foot setback, corresponding buildable area, and resulting floor area limit
are not appropriate for this property based on a review of the development
pattern of adjacent multi -unit residential developments east of the project site
that also front onto East Coast Highway.
Finding:
B. That strict compliance with Zoning Code requirements would deprive the
subject property of privileges enjoyed by other properties in the vicinity and
under an identical zoning classification.
Facts in Support of Findin
B -1. Immediately to the east of the subject property is a large 18 -unit residential
condominium complex (401 Seaward Rd.) that maintains a 15 -foot front setback
adjacent to East Coast Highway and to Seaward Road. This property is located
on a one acre lot and is permitted a much larger floor area limit of 1.75 (instead
of 1.5).
B -2. Further east are several RM -6000 zoned lots (4104 -4348 Shorecrest Ln.) that
also maintain 15 -foot front setbacks adjacent to East Coast Highway. These
lots are not subject to a floor area limit ratio, but rather are limited to a 60
percent maximum lot coverage requirement.
B -3. The setbacks and allowed floor area for nearby multi -unit developments are
more permissive than what the subject property is limited to. Therefore, strict
compliance with the 20 -foot front setback and resulting floor area limit would
deprive the subject property of privileges enjoyed by nearby RM lots.
B -4. Granting of the variance would allow the applicant to develop a multi -unit
residential development utilizing similar setbacks and to a more reasonable
floor area limit consistent with other multi -unit residential developments in the
area.
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Finding:
C. That the granting of the Variance is necessary for the preservation and
enjoyment of substantial property rights of the applicant.
Facts in Support of Finding:
C -1. The 18 -unit condominium complex to the east is located on a larger one acre lot
and is permitted a larger floor area limit of 1.75 times the buildable area
(instead of 1.5). If the subject property were allowed a similar 1.75 floor area
limit, the floor area limit would be 14,719 square feet, which is larger than the
13,703 square feet proposed. Also, the RM -6000 zoned lots further east are not
subject to a floor area limit ratio, but rather are regulated by a 60 percent
maximum lot coverage requirement. For comparison, the proposed lot coverage
of the residential development is only 38 percent. In both these examples of
nearby RM lots, the setbacks, buildable area, and total allowed floor areas are
more permissive than what the subject property is limited to. Therefore, strict
compliance with the 20 -foot front setback, buildable area, and resulting floor
area limit would deprive the subject property of privileges enjoyed by nearby
RM lots.
Finding:
D. That the granting of the Variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and in the
same zoning district.
Facts in Support of Finding:
D -1. The size of the proposed residential development would be in scale with nearby
multi -unit residential developments located on East Coast Highway and
Shorecrest Lane.
D -2. The granting of the Variance would not constitute a special privilege
inconsistent with the limitations upon other properties zoned RM as it allows the
property owner to maintain equity with other multiple -unit developments along
East Coast Highway.
Finding:
E. That the granting of the Variance will not be 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.
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Facts in Support of Finding:
E -1. The 5 -foot encroachment into the 20 -foot setback would not be detrimental to
the City or result in a hazard to the existing community or future residents of the
project. The project would provide a 15 -foot front setback to the street, which is
adequate to provide for light, air, privacy and open space, consistent with the
intent of the Zoning Code.
E -2. Trees and shrubs will be planted within the 15 -foot front setback to act as a
buffer and soften the visual impact along the East Coast Highway frontage.
E -3. The approval of this Variance is conditioned such that the applicant is required
to obtain all necessary permits in accordance with the Building Code and other
applicable Codes.
E -4. The proposed 15 -foot setback for the residential structures would be consistent
with the development pattern of the multi -unit developments to the east and
compatible with the commercial lots to the west which do not have front setback
requirements.
E -5. Of the 1,100 square feet of additional floor area that the applicant is requesting
above the maximum floor area limit (based on a buildable area utilizing a 20-
foot setback), 1,018 square feet of that floor area is located below grade within
the private garage area that is counted towards gross floor area and garage
stairs. Therefore, this additional floor area is predominately below grade and
does not add significant bulk or mass to the development as compared to what
normally be allowed to be developed above grade using the 20 -foot setback
and resulting floor area limit.
Finding:
F. Granting of the Variance will not be in conflict with the intent and purpose of this
Section, this Zoning Code, the General Plan, or any applicable specific plan.
Facts in Support of Finding:
F -1. The intent of the front setback is to provide adequate separation for light, air,
privacy and open space adjacent to the street. In this case, the project would
provide a 15 -foot front setback to the street, which is consistent with the front
setbacks of the other RM zoned lots east. Fifteen feet is adequate to provide for
light, air, privacy and open space, consistent with the intent of the Zoning Code.
F -2. The subject property is designated RM by the Land Use Element of the General
Plan and zoned RM. Both designations are intended primarily for multi - family
residential development containing attached or detached dwelling units. The
subject property is entitled for the development of eight dwelling units where six
are proposed. Approval of the Variance will not affect residential density.
F -3. The subject property is not located within a specific plan area.
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F -4. The overall design, based upon the proposed plans, meets residential design
criteria provided within Section 20.48.180.6.2 (Design Criteria) by avoiding long
unarticulated walls and providing architectural treatment of all elevations.
Tentative Tract Map
6. A tentative tract map is requested for residential condominium purposes, to create six
airspace condominium units. The map would also serve to consolidate five lots and
portions of a vacated alley into two lots. In accordance with Section 19.12.070
(Required Findings for Action on Tentative Maps) of the Newport Beach Municipal
Code, the following findings and facts in support of a tentative tract map are set forth:
Finding:
A. That the proposed map and the design or improvements of the subdivision are
consistent with General Plan and any applicable specific plan, and with the
applicable provisions of the Subdivision Map Act and the City Subdivision Code.
Facts in Support of Finding:
A -1. The project is consistent with the Commercial Corridor and Multiple Unit
Residential General Plan designations of the project site.
A -2. The Public Works Department has reviewed the proposed tentative map and
found it consistent with the Newport Beach Subdivision Code (Title 19) and
applicable requirements of the Subdivision Map Act.
A -3. Conditions of approval have been included to ensure compliance with Title 19.
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
B -1. The residential portion of the project site is currently a vacant paved /gravel lot and
the commercial portion of the project site is currently developed with a 535 -
square -foot delicatessen.
B -2. The site where construction will occur is relatively flat and based on the geologic
investigation, the site is safe and suitable for development. The subject property
has been placed with a significant amount of fill to provide a generally level site
perched above the neighboring descending ravine. The fills encountered appear
to be dense and compacted to acceptable levels. Expansive soils were
encountered and the soils report recommends special attention be given to the
project design and maintenance in compliance with Expansive Soil Guidelines.
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B -3. A preliminary Acoustical Study prepared for the project estimates that future
traffic noise exposure will be 72.5 dB CNEL to the nearest facades to East
Coast Highway. All multi - family projects must comply with the State of
California's noise standards that specify that the intrusion of noise from exterior
sources (such as traffic) shall not exceed a CNEL of 45 dB within the interior of
any habitable space. This is also consistent with the City's interior noise
standards established in the General Plan Noise Element, including Policy
N1.1, N1.2, and N1.5. The Acoustical Study concludes that with appropriate
noise control measures incorporated into the design of the proposed project
(e.g., ventilation and air conditioning, weather stripping, increased sound -rated
doors, windows, and wall finishes, etc.), no significant noise impacts will occur
and the interior noise levels would comply with the City and State interior noise
standard of 45 dB CNEL for residential units.
Finding:
C. That the design of the subdivision or the proposed improvements are not likely
to cause substantial environmental damage nor substantially and avoidably
injure fish or wildlife or their habitat. However, notwithstanding the foregoing,
the decision - making body may nevertheless approve such a subdivision if an
environmental impact report was prepared for the project and a finding was
made pursuant to Section 21081 of the California Environmental Quality Act
that specific economic, social, or other considerations make infeasible the
mitigation measures or project alternatives identified in the environmental
impact report.
Facts in Support of Finding:
C -1. The portion of the project site to be developed does not support any
environmental resources as indicated in the jurisdictional delineation prepared for
the project. The project would not require discharge of fill into areas subject to
Army Corp of Engineers, California Department of Fish and Game, or California
Coastal Commission jurisdiction within the Buck Gully drainage. As such, there
would be no significant impacts to the Buck Gully drainage associated with the
project.
C -2. Portions of the Buck Gully drainage are within areas that could be potentially
affected by fuel modification activities, including cutting of vegetation. The
jurisdictional delineation concludes that alkali bulbrush and southern cattail are
growing in the stream channel and account for minimal biomass and would not
likely require removal or thinning, as they pose no fire risk or theat. As such,
there would be no impacts to wetland vegetation associated with the project.
Finding:
D. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
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Facts in Support of Finding:
D -1. The project consists of six residential units and commercial development at 0.75
floor area ratio as allowed by the Zoning Code and the General Plan.
D -2. No evidence is known to exist that would indicate that the planned subdivision
pattern will generate any serious public health problems.
D -3. All construction for the project will comply with Building, Public Works, and Fire
Codes. Public improvements will be required of the developer per Section
19.28.10 of the Municipal Code and Section 66411 of the Subdivision Map Act. All
ordinances of the City and all Conditions of Approval will be complied with.
Finding:
E. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision. In this connection, the decision -
making body may approve a map if it finds that alternate easements, for access
or for use, will be provided and that these easements will be substantially
equivalent to ones previously acquired by the public. This finding shall apply
only to easements of record or to easements established by judgment of a court
of competent jurisdiction and no authority is hereby granted to the City Council
to determine that the public at large has acquired easements for access through
or use of property within a subdivision.
Facts in Support of Finding:
E -1. The design of the development will not conflict with any easements acquired by
the public at large for access through or use of property within the proposed
development.
E -2. Public improvements will be required of the applicant per the Municipal Code
and the Subdivision Map Act.
E -3. An existing 7.5- foot -wide utilities easement at the rear of the two lots will be
retained. An approximate 15- foot -wide access and utilities easement located
along the eastern side of the residential lot that is no longer needed would be
vacated. An existing slope and drainage easement over the southeasterly
corner of the residential lot would also be vacated and replaced with a new
variable width storm drain easement. Southern California Edison power lines
running in the rear of the property will be re- routed and placed underground.
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Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision
Map Act, if the land is subject to a contract entered into pursuant to the
California Land Conservation Act of 1965 (Williamson Act), the resulting parcels
following a subdivision of the land would not be too small to sustain their
agricultural use or the subdivision will result in residential development
incidental to the commercial agricultural use of the land.
Facts in Support of Finding:
F -1. The site is not subject to a Williamson Act contract.
Finding:
G. That, in the case of a "land project" as defined in Section 11000.5 of the
California Business and Professions Code: (a) there is an adopted specific plan
for the area to be included within the land project; and (b) the decision - making
body finds that the proposed land project is consistent with the specific plan for
the area.
Facts in Support of Finding:
G -1. The subject property is not located within the boundaries of a specific plan.
Finding:
H. That solar access and passive heating and cooling design requirements have
been satisfied in accordance with Sections 66473.1 and 66475.3 of the
Subdivision Map Act.
Facts in Support of Finding:
H -1. Title 24 of the Uniform Building Code requires new construction to meet
minimum heating and cooling efficiency standards depending on location and
climate.
H -2. The Newport Beach Building Division will enforce Title 24 compliance through
the plan check and field inspection processes for the construction of any future
proposed residences.
Finding:
1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map
Act and Section 65584 of the California Government Code regarding the City's
share of the regional housing need and that it balances the housing needs of
the region against the public service needs of the City's residents and available
fiscal and environmental resources.
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Facts in Support of Finding:
1 -1. There are no existing dwelling units on the project site. Rather the proposed
project includes the construction of six new condominium units to contribute to
the City's share of the regional housing need. The applicant will be responsible
for the payment of appropriate fair share, park, and housing in -lieu fees for the
development of these new dwelling units.
Finding:
J. That the discharge of waste from the proposed subdivision into the existing
sewer system will not result in a violation of existing requirements prescribed by
the Regional Water Quality Control Board.
Facts in Support of Finding:
J -1. Waste discharge will be directed into the existing sewer system and will not
violate Regional Water Quality Control Board (RWQCB) requirements.
J -2. Sewer connections have been conditioned to be installed per City Standards,
the applicable provisions of Chapter 14.24 (Sewer Connection, Permits) of the
Newport Beach Municipal Code, and the latest revision of the Uniform Plumbing
Code.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the
subdivision conforms with the certified Local Coastal Program and, where
applicable, with public access and recreation policies of Chapter Three of the
Coastal Act.
Facts in Support of Finding:
K -1. The project site is not located within the Coastal Zone.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Site
Development Review No. SD2012 -001, Conditional Use Permit No. UP2012 -011,
Modification Permit No. MD2012 -011, Variance No. VA2012 -002, and Tentative Tract
Map No. NT2012- 001(PA2012 -061) subject to the conditions set forth in Exhibit A, which
is attached hereto and incorporated by reference.
2. This Site Development Review, Conditional Use Permit, Modification Permit, and
Variance actions 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.
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3. This Tentative Tract Map action shall become final and effective ten 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 19 Subdivisions, of the Newport Beach
Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 3`d DAY OF JANUARY, 2013.
AYES: Ameri, Brown, Myers, and Toerge
NOES: None
ABSTAIN: None
ABSENT: Hillgren, Kramer, and Tucker
n
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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. Site Development Review No. SD2012 -001, Conditional Use Permit No. UP2012 -011,
Modification Permit No. MD2012 -011, and Variance No. VA2012 -002 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 Site
Development Review No. SD2012 -001, Conditional Use Permit No. UP2012 -011,
Modification Permit No. MD2012 -011, and Variance No. VA2012 -002.
5. 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
Division.
6. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the new
dwelling units and commercial floor area in accordance with Chapter 15.38 of the
Newport Beach Municipal Code.
7. Prior to issuance of building permits, an in -lieu housing fee for six dwelling units
(currently $20,513.00 per new additional dwelling unit) shall be paid in accordance
with City Council Resolution No. 2010 -44 of the Newport Beach Municipal Code.
8. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner, or the leasing agent.
9. This approval may be modified or revoked by the 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.
10. The existing food use shall continue operating in compliance with the conditions of
approval of Specialty Food Permit No. 38. Any intensification of use shall require the
application of a new conditional or minor use permit.
11. The existing power poles and overhead power lines located at the rear of the property
shall be removed and the power lines shall be undergrounded.
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12. Flat roof portions of the commercial building shall be constructed to meet "cool roofs"
standards for energy efficiency; however, the color and material shall not result in
glare as viewed from the residences above. No mechanical equipment shall be
permitted on the roof, except within the designated mechanical well and shall not be
visible from East Coast Highway or the adjacent residential properties.
13. The floor plans and building envelopes for each residential unit are approved as
precise plans, unless revisions are approved by the Community Development Director.
Future floor area additions to the building envelopes shall be prohibited. The proposed
open patio and deck areas for each unit shall not be permitted to be enclosed and the
landscape and common open space areas proposed throughout the development site
shall be preserved.
14. A total of 10 parking spaces shall be provided within the ground level parking lot as
illustrated on the approved plans.
15. All employees of the commercial building are required to park on site.
16. The shared 10 -space parking lot shall be used for the parking of passenger vehicles
only, with the exception of temporary parking for the loading and unloading of
commercial and residential delivery trucks.
17. The ground level parking lot (excluding residential Parking Space No. 5) shall be
exclusively available for commercial tenants and customers between the hours of 8:00
a.m. and 6:00 p.m., daily. Parking uses shall not be restricted between the hours of
6:00 p.m. and 8:00 a.m., daily. Signage shall be provided enforcing said restrictions.
18. One van accessible guest parking space (noted as Space No. 5) shall be maintained
within the shared parking lot for the exclusive use of the residential development.
Signage shall be provided enforcing said restrictions.
19. Notwithstanding Condition No. 17, commercial overnight parking within the shared 10-
space parking lot shall be prohibited. Residential parking overnight is permitted.
20. The future homeowner's association for the condominium development and the
property owner of the commercial property shall enter into a reciprocal parking and
access agreement and parking management plan for the joint use of the 10 -space
ground level parking lot ensuring the permanently availability of parking. The
agreement, approved as to form by the City Attorney's Office, shall be recorded prior
to the issuance of building permits.
21. No signs, other than signs designating entrances, exits, and conditions of use shall be
maintained in the shared parking lot. Signs shall not exceed four square feet in area
and 5 feet in height. The number and location shall be approved by the Community
Development Director before installation.
22. Prior to the issuance of building permits, documents /plans shall be submitted
demonstrating compliance with the requirements of Chapter 14.17 (Water- Efficient
Landscaping Ordinance) of the Municipal Code.
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23. 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.
24. Prior to the issuance of a building permits, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and the
plans shall be approved by the Planning Division and the Municipal Operations
Department. 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. The irrigation system shall be adjustable based upon
either a signal from a satellite or an on -site moisture- sensor. Planting areas adjacent
to vehicular activity shall be protected by a continuous concrete curb or similar
permanent barrier. Landscaping shall be located so as not to impede vehicular sight
distance to the satisfaction of the Traffic Engineer.
25. Prior to the final of building permits, the applicant shall schedule an inspection by the
Planning Division to confirm that all landscaping was installed in accordance with the
approved landscape plan
26. Water leaving the project site due to over - irrigation of landscape shall be minimized. If
an incident such as this is reported, a representative from the Code and Water Quality
Enforcement Division shall visit the location, investigate, inform and notice the
responsible party, and, as appropriate, cite the responsible party and /or shut off the
irrigation water.
27. Water should not be used to clean paved surfaces such as sidewalks, driveways,
parking areas, etc. except to alleviate immediate safety or sanitation hazards
28. Prior to the issuance of building permits, the applicant shall prepare a photometric
study in conjunction with a final lighting plan for approval by the Planning Division. The
survey shall show that lighting values are one - foot- candle or less at all property lines.
Higher lighting levels are subject to the review and approval of the Community
Development Director where it can be shown to be in compliance with the purpose and
intent of the Outdoor Lighting section of the Zoning Code.
29. Prior to issuance of the certificate of occupancy or final of building permits the
applicant shall schedule an evening inspection by the Code and Water Quality
Enforcement Division to confirm control of light and glare.
30. Separate trash and recycling dumpsters shall be provided for the residential use and
the commercial use. All trash shall be stored within dumpsters for residential and
commercial uses 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.
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31. Prior to the issuance of the certificate of occupancy or final of building permits of the
residential units, the future homeowners association shall enter into an agreement with
the property owner of the commercial property to allow the use of the trash enclosure
and to establish the terms of use and refuse collection.
32. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self- contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
33. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way
34. The exterior of the businesses shall be maintained free of litter and graffiti at all times.
The owner or operator shall provide for daily removal of trash, litter debris and graffiti
from the premises and on all abutting sidewalks within 20 feet of the premises.
35. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community
Development Director, and may require an amendment to the Conditional Use Permit.
36. No outside paging system shall be utilized in conjunction with this development.
37. The operator of the commercial building shall be responsible for the control of noise
generated by the subject facility including, but not limited to, noise generated by tenants,
patrons, food service operations, and mechanical equipment. All noise generated by the
proposed use shall comply with the provisions of Chapter 10.26 and other applicable
noise control requirements of the Newport Beach Municipal Code.
38. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform
Mechanical Code. Issues with regard to the control of smoke and odor shall be
directed to the South Coast Air Quality Management District
39. All exits shall remain free of obstructions and available for ingress and egress at all
times.
40. No building permits may be issued until the appeal period has expired, unless
otherwise approved by the Planning Division. Building permits for structures located
across the existing property lines shall not be issued until the tract map has been
recorded.
41. A copy of these conditions of approval shall be incorporated into the Building Division
and field sets of plans prior to issuance of the building permits.
42. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
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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 City's approval of the Plaza Corona Del Mar including, but not limited to,
the Conditional Use Permit No. UP2012 -011, Modification Permit No. MD2012 -011, Site
Development Review No. SD2012 -001, Tentative Tract Map No. NT2012 -001, and
Variance No. VA2012 -002 (PA2012 -061). 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, causes of action, suit or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicant shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
Fire Department Conditions
43. Fire.flow shall be provided in accordance with N.B.F.D. Guideline B.01 "Determination
of Required Fire Flow." The fire flow will determine the number of fire hydrants
required for the project.
44. Structures shall meet the requirements of Chapter 7A of the California Building Code,
as amended by the City of Newport Beach.
45. New and existing structures in the project will be required to have fire sprinklers. The
sprinkler system shall be monitored by a UL certified alarm service company.
46. The end of the drive aisle of the shared parking lot shall be identified as a fire lane and
marked as per N.B.F.D. Guideline C.01.
47. Trash enclosures shall be located at least 5 feet from structures, unless, fire sprinklers
are provided in the trash enclosure /structure.
48. A fuel modification plan shall be required for all landscape and must be submitted to
the Fire Department. All requirements from N.B.F.D. Guideline G.02 "Fuel Modification
Plans and Maintenance Standard" must be met. Per Guideline G.02., tree species are
not allowed within 10 feet of combustible structures.
Building Division Conditions
49. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. 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. The proposed residential dwelling
units do not meet the definition of "townhouse" per CBC 202.
50. Full access compliance shall be demonstrated and provided in accordance with the
February 8, 2012, Building Division letter, CBC 11A and CBC 11B at the time of permit
application. The floor and seating plans submitted with the Project Review plans are for
reference only. Subsequent plan changes may be required due to code changes prior to
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submittal for plan review and permitting. This project review does not constitute approval
of the floor plans, parking, or other access compliance issues.
51. All sides of both the commercial and residential structures shall fully comply with the
Special Fire Protection Area requirements at the time of permit submittal. These
requirements may be found in CBC 7A, Newport Beach Municipal Code and related
codes.
52. Prior to the issuance of building permits, a preliminary plan review meeting shall be
scheduled with the Building Division.
53. The applicant shall employ the following best available control measures ( "BACMs") to
reduce construction - related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least 2 feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging
areas.
• Sweep or wash any site access points within two hours of any visible dirt
deposits on any public roadway.
• Cover or water twice daily any on -site stockpiles of debris, dirt or other
dusty material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90 -day low -NOx tune -ups for off road equipment.
• Limit allowable idling to five minutes for trucks and heavy equipment
Off -Site Impacts
• Encourage car pooling for construction workers.
• Limit lane closures to off -peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off -site.
• Sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six -inch surface layer, subject to review /discretion of the geotechnical
engineer.
54. Prior to issuance of grading permits, the applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval of
the Building Division and Code and Water Quality Enforcement Division. The WQMP
shall provide appropriate Best Management Practices (BMPs) to ensure that no
violations of water quality standards or waste discharge requirements occur.
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55. A list of "good house - keeping" practices will be incorporated into the long -term post -
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include
frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use
of harmful fertilizers or pesticides, and the diversion of storm water away from potential
sources of pollution (e.g., trash receptacles and parking structures). The Stage 2
WQMP shall list and describe all structural and non - structural BMPs. In addition, the
WQMP must also identify the entity responsible for the long -term inspection,
maintenance, and funding for all structural (and if applicable Treatment Control) BMPs.
56. The construction and equipment staging area shall be located in the least visually
prominent area on the site, or another site approved by the Community Development
Director, and shall be properly maintained and /or screened to minimize potential
unsightly conditions.
57. A 6- foot -high screen and security fence shall be placed around the construction site
during construction.
58. Construction equipment and materials shall be properly stored on the site when not in
use.
Public Works Conditions
59. An encroachment permit is required for all work activities with the public right -of -way.
60. The parking lot layout shall comply with City Standard F #805 -L -A &B and shall be
approved by the Public Works Department prior to the issuance of building permits.
61. All improvements adjacent to the proposed driveway approaches shall comply with the
City's sight distance requirement, City Standard 110 -L.
62. In case of damage done to existing public improvements surrounding the development
site by the private construction, additional reconstruction within the public right -of -way
could be required at the discretion of the Public Works Inspector.
63. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
64. Prior to commencement of demolition and grading of the project the applicant shall
submit a construction management and delivery plan to be reviewed and approved by
the Public Works Department. The plan shall include discussion of project phasing;
parking arrangements for both sites during construction; anticipated haul routes and
construction mitigation. Upon approval of the plan, the applicant shall be responsible
for implementing and complying with the stipulations set forth in the approved plan.
65. Traffic control and truck route plans shall be reviewed and approved by the Public
Works Department before their implementation. Large construction vehicles shall not
be permitted to travel narrow streets as determined by the Public Works Department.
Disruption caused by construction work along roadways and by movement of
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construction vehicles shall be minimized by proper use of traffic control equipment and
flagman.
66. Each unit shall have a dedicated water service installed per STD -502 -L or STD - 503 -L,
depending on the size.
67. New and existing fire services, when required by Fire Department shall be protected
by a City approved double check detector assembly and installed per STD - 517 -L.
68. New and existing commercial water meter(s) shall be protected by a City approved
reduced pressure backflow assembly and installed per STD- 520_L -A.
69. Landscaping lines shall have a dedicated meter and shall be protected by a dedicated
City approved reduced pressure backflow assembly per STD - 520 -L -A.
70. The proposed driveway to the underground parking garage shall have a maximum
slope of 15 percent and a maximum change of grade of 11 percent per City Standard
#160 -L -C.
71. Prior to the issuance of a Certificate of Occupancy for the proposed structures, all
public improvements shall be constructed as required by Ordinance and these
conditions of approval.
Tract Map Conditions
72. A Final Tract Map shall be recorded. The Map shall be prepared on the California
coordinate system (NAD83). Prior to recordation of the Map, the surveyor /engineer
preparing the Map shall submit to the County Surveyor and the City of Newport Beach,
a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9-
337 of the Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with
the City's CADD Standards. Scanned images will not be accepted.
73. Prior to recordation of the Final Tract Map, the surveyor /engineer preparing the map
shall tie the boundary of the map into the Horizontal Control System established by
the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. Monuments (one inch iron pipe with tag) shall be set on each corner unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project.
74. Prior to recordation of the Final Tract Map, the applicant shall provide a bond /surety in
order to guarantee completion of all required public improvements. The bond /surety
shall be reviewed and approved by the Public Works Department.
75. The existing concrete curb, gutter, and sidewalk along the East Coast Highway
frontage shall be reconstructed, per City Standards.
76. The unused driveway approaches shall be abandoned and reconstructed with full
height curb, gutter, and sidewalk per City Standard #165 -L.
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77. Proposed driveway approaches shall be constructed per City Standard #162 -L.
78. The proposed storm drain relocation shall be subject to review and approval by the
Public Works Department.
79. A variable width storm drain easement measured 5 feet from the westerly side of the
centerline of the proposed new storm drain location to the easterly property line shall
be granted to the City.
80. New 36 -inch box street trees will be required to be planted on East Coast Highway.
The designated street tree for this segment of East Coast Highway is the King Palm
(Archontophoenix Cunningham). The number and location of these street trees are
subject to approval by the Public Works Department and the Parks and Trees Division
of the Municipal Operations Department.
81. Prior to or concurrently with the recordation of the Final Tract Map, an approximately
15- foot -wide access and utilities easement through the site adjacent to the eastern
property line of 3928 East Coast Highway shall be vacated.
82. Prior to or concurrently with the recordation of the Final Tract Map, an existing slope
and drainage easement at the southeast portion of the subject property will be
realigned so that it will not conflict with the location of proposed structures.
83. Applicant is responsible for all upgrades to the City's utilities as required to fulfill the
project's demand; a new 8 -inch VCP sewer main shall be installed from the manhole
at the Seaward Road /Coast Highway Intersection to the property's frontage. A new
sewer main terminal cleanout shall be installed at the end of the new 8 -inch BCP main
per STD - 400 -L. Each unit shall have a dedicated sewer lateral with cleanouts installed
per STD - 406 -L.
84. Prior to the recordation of the Final Tract Map, a park dedication fee for six dwelling
units (currently $26,125.00 per new additional dwelling unit) shall be paid in
accordance with Chapter 19.52 of the Newport Beach Municipal Code. This fee shall
be paid upon submittal of the map to the Public Works Department for plan check and
deposited into the appropriate Service Area account as identified in the Recreation
and Open Space Element of the General Plan.
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