HomeMy WebLinkAboutPC2023-003 - RECOMMENDING CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, ZONING CODE AMENDMENT, TENTATIVE PARCEL MAP, AND COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION OF AN EXISTING EATING AND DRINKING ESTABLISHMENTRESOLUTION NO. PC2023-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, ZONING CODE AMENDMENT, TENTATIVE PARCEL MAP, AND COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION OF AN
EXISTING EATING AND DRINKING ESTABLISHMENT AND CONSTRUCTION OF TWO-UNIT CONDOMINIUMS FOR THE PROPERTY LOCATED AT 3014 BALBOA BOULEVARD (PA2020-060)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Gallo of Corona Del Mar, Inc. (“Applicant”), with respect to
property located at 3014 Balboa Boulevard, and legally described in Exhibit “A” which is
attached hereto and incorporated herein by reference (“Property”).
2. The Applicant requests to demolish an existing eating and drinking establishment (i.e., a
“restaurant”) and construct a new residential structure with two condominiums totaling
approximately 3,564 square feet, including a two-car garage and two-car carport
(“Project”). The following approvals are required to implement the Project:
a. General Plan Amendment (“GPA”) – An amendment to the General Plan Land
Use Element to change the land use category from Neighborhood Commercial (CN)
to Two Unit Residential (RT);
b. Code Amendment (“CA”) – An amendment to Title 20 (Planning and Zoning) (“Title
20”) of the Newport Beach Municipal Code (“NBMC”) to change the zoning district
from Commercial Neighborhood (CN) to Two-Unit Residential (R-2) and remove a
front setback designation abutting the side property line on Setback Map S-2B;
c. Local Coastal Program Amendment (“LCPA”) – An amendment to the Coastal
Land Use Plan to change the coastal land use category from Neighborhood
Commercial (CN) to Two Unit Residential (RT-E) (30.0 – 39.9 DU/AC), and an
amendment to Title 21 (Local Coastal Program Implementation Plan) (“Title 21”) of
the NBMC to change the coastal zoning district from Commercial Neighborhood
(CN) to Two-Unit Residential (R-2). Additionally, an amendment to Setback Map S-
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2B to remove a front setback designation abutting the side property line on Setback
Map S-2B;
d. Tentative Parcel Map (“NP”) – A tentative parcel map for two-unit residential
condominium purposes; and
e. Coastal Development Permit (“CDP”) – A coastal development permit for the
demolition of the existing restaurant and construction of the new residential
condominiums.
3. The Property is categorized Neighborhood Commercial (CN) by the General Plan Land
Use Element and is located within the Neighborhood Commercial (CN) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Neighborhood Commercial (CN) - (0.0 to 0.30 FAR) and is located within the Commercial
Neighborhood (CN) Coastal Zone District.
5. A public hearing was held by the Planning Commission on January 5, 2023, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the public hearing was given in accordance with California
Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62
and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 3 exemption includes the construction and location of limited numbers of new,
small facilities or structures; installation of small new equipment and facilities in small
structures; and the conversion of existing small structures from one use to another
where only minor modifications are made in the exterior of the structure. The exemption
includes the construction of a duplex or similar multi-family residential structures totaling
no more than four dwelling units. The Project involves the demolition of an existing
restaurant and the construction of a two-unit residence.
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3. The Class 15 exemption includes the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is
in conformance with the General Plan and zoning, no variances or exceptions are
required, all services and access to the proposed parcels to local standards are
available, the parcel was not involved in a division of a larger parcel within the previous
2 years, and the parcel does not have an average slope greater than 20 feet. The Project
involves a tentative parcel map to subdivide two (2) units for condominium purposes.
4. The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines are not applicable. The Project location does not impact an environmental
resource of hazardous or critical concern, does not result in cumulative impacts, does
not have a significant effect on the environment due to unusual circumstances, does not
damage scenic resources within a state scenic highway, is not a hazardous waste site,
and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
General Plan Amendment
An amendment to the 2006 Newport Beach General Plan Land Use Element is a legislative
act. Neither Title 20 nor California Government Code Section 65000 et seq., set forth any
required findings for either approval or denial of such amendments.
Finding and Facts in Support of Findings:
1. The Project includes a GPA to change the land use category from Neighborhood
Commercial (CN) to Two Unit Residential (RT). The Neighborhood Commercial (CN) land
use is intended to provide for a limited range of retail and service uses developed in one
or more distinct centers oriented to primarily serve the needs and maintain compatibility
with residential uses in the immediate area. The Project requires authorization of a land
use change to Two Unit Residential (RT), which applies to a range of two-family
residential dwelling units such as duplexes and townhomes. The abutting three (3) lots
south of the Property are also categorized by the General Plan as Two Unit Residential
(RT).
2. The Project’s GPA is consistent with the following City of Newport Beach General Plan
Land Use policies, applicable to the Project:
a. Land Use Element Policy LU 2.1 (Resident-Serving Land Uses).
Accommodate uses that support the needs of Newport Beach’s residents
including housing, retail, services, employment, recreation, education, culture,
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entertainment, civic engagement, and social and spiritual activity that are in
balance with community natural resources and open spaces; and
b. 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.
The Project provides two (2) additional housing units on a lot that is adjacent to
three (3) residential lots to the south and is located nearby the public beach and
harbor.
c. Land Use Element Policy LU 5.1.1 (Compatible but Diverse Development).
Establish property development regulations for residential projects to create
compatible and high-quality development that contributes to neighborhood
character.
The Property is proposed to be designated R-2 (Two-Unit Residential) by Title
20. The Project, as proposed, meets all development standards including floor
area, setbacks, building height, parking, and other design features required for
R-2 (Two-Unit Residential) properties. The development standards ensure
compatibility with the adjacent residential development in the surrounding
neighborhood.
d. Land Use Element Policy LU 5.1.6 (Character and Quality of Residential
Properties). Require that residential front setbacks and other areas visible from
the public street be attractively landscaped, trash containers enclosed, and
driveway and parking paving minimized.
The Project complies with the required five (5)-foot front setback, three (3)-foot
side setbacks, and 10-foot rear setback, which is consistent with the required
setbacks of the three residential properties to the south. In addition, the Project
will provide a larger four-foot side setback abutting The Landing shopping center.
The Project will be landscaped to include palm trees as well as a variety of shrubs
and vines. Additionally, screened trash areas are proposed in the side yards of
each condominium unit.
3. Pursuant to California Government Code Section 65352.3 (SB 18), a local government
is required to contact the appropriate tribes identified by the Native American Heritage
Commission (“NAHC”) each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
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preserving or mitigating impacts to cultural resources. The City received comments from
the NAHC indicating that nine (9) tribal contacts should be provided notice regarding the
proposed amendment. The tribal contacts were provided notice on January 19, 2020.
California Government Code Section 65352.3 requires notification 90 days prior to
Council action to allow tribal contacts to respond to the request to consult. On March 3,
2021, the City participated in a consultation with the Gabrielleno Band of Mission Indians
– Kizh Nation. Subsequently, the 90-day period to respond expired on April 18, 2020.
Charter Section 423
Pursuant to Section 423 of the Charter of the City of Newport Beach (“Charter”) and
City Council Policy A-18, proposed General Plan amendments are reviewed to determine if a
vote of the electorate would be required because a project (separately or cumulatively with
other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds
provided in Section 423 of the City Charter which include: increasing the allowed density or
intensity by 40,000 square feet of non-residential floor area, increasing traffic by more than
100 peak hour vehicle trips (AM/PM), or increasing residential dwelling units by 100 units.
These thresholds apply to the total of increases resulting from the amendment itself, plus 80
percent of the increases resulting from other amendments affecting the same neighborhood
(defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted
within the preceding 10 years.
The proposed General Plan Amendment is in Statistical Area B5. This is the eighth amendment
within Statistical Area B5 since the General Plan update in 2006. Four (4) of the seven (7) prior
amendments were approved less than 10 years ago and continue to be tracked consistent with
the provisions of Section 423. Those are General Plan Amendment Nos. GP2012-005,
GP2012-002, GP2016-001, and GP2020-004. The following table shows the increases
attributable to the subject amendment, prior amendments, and the resulting totals thereby
demonstrating that no vote would be required since the Project would not meet any of the
aforementioned thresholds.
Charter Section 423, Measure S Analysis for Statistical Area B-5
Amendments Increased
Density
Increased
Intensity
Peak Hour Trip Increase
AM PM
GP2012-005 (PA2012-146) 7 0 0 0
GP2012-002 (PA2012-031) 0 23,725 0 0
GP2016-001 (PA2016-061) 0 4,745 0 0
GP2020-004 (PA2020-068) 0 15,103 2.8 3.05
Total Prior Increases 7 43,573 2.8 3.05
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80% of Prior Increases 5.6 34,858.40 2.24 2.44
100% of Proposed GPA
(PA2020-060)
2 0 0 0
Total 7.6 34,858.4 2.24 2.44
Threshold 100 40,000 100 100
Remaining 92.4 5,141.6 97.76 97.56
Vote Required? No No No No
Code Amendment An amendment to Title 20 is requested to change the zoning designation and the setback map
which applies to the Property. Code amendments are legislative acts. Neither the City Municipal
Code nor State Planning Law set forth any required findings for either approval or denial of
such amendments, unless they are determined not to be required for the public necessity and
convenience, and the general welfare.
Findings and Facts in Support of Findings:
1. The amendment to Title 20 would change the zoning designation from Commercial
Neighborhood (CN) to Two-Unit Residential (R-2). The Commercial Neighborhood (CN)
zone is intended to provide for areas appropriate for a limited range of retail and service
uses developed in one or more distinct centers oriented to serve primarily the needs of
and maintain compatibility with residential uses in the immediate area. The Project
requires the authorization of a zone change to R-2, which is intended to provide for areas
appropriate for a maximum of two residential dwelling units located on a single legal lot.
2. The Property is located between a large shopping center that is approximately 163,000
square feet and three two (2)-unit residential properties which are directly abutting the
Property to the south. The Property, which is 3,466 square feet in lot area, is consistent
with the adjacent residential properties in size, which range from 3,150 to 3,796 square
feet.
3. The amendment to Setback Map S-2B of Title 20 removes a front setback along the side
property line, which would result in a three 3-foot side setback that is typical for
residential development in the surrounding residential lots. This would allow for fences,
walls, or other accessory structures to a maximum height of six (6) feet in the side
setback area, where the maximum height of accessory structures in a front setback is
42 inches.
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4. The proposed development is consistent with the development standards of the R-2
zone, which include setbacks, floor area, height, and parking.
Local Coastal Program Amendment
Finding:
As set forth in Section 30500 of the California Public Resources Code, the California Coastal
Act requires each county and city to prepare a local coastal program (“LCP”) for that portion of
the Coastal Zone within its jurisdiction. The California Coastal Commission effectively certified
the City’s LCP Implementation Plan on January 13, 2017, and the City of Newport Beach
(“City”) added Title 21 to the NBMC whereby the City assumed coastal development permit-
issuing authority as of January 30, 2017.
Facts in Support of Findings:
1. An amendment to the Coastal Land Use Plan (“CLUP”) is necessary to change the Coastal
land use designation from Neighborhood Commercial (CN) – (0.0 to 0.30 FAR) to Two Unit
Residential (RTE) – (30.0 – 39.9 DU/AC).
2. An amendment to Title 21 of the NBMC is necessary to change the Coastal Zoning District
from Commercial Neighborhood (CN) to Two-Unit Residential (R-2).
3. The LCPA is consistent with other applicable land use policies of the Coastal Land Use
Plan as provided below:
a. Coastal Land Use Element Policy 2.2.5-1: Legal nonconforming structures shall be
brought into conformity in an equitable, reasonable, and timely manner as rebuilding
occurs. Limited renovations that improve the physical quality and character of the
buildings may be allowed. Rebuilding after catastrophic damage or destruction due to
a natural event, an act of public enemy, or accident may be allowed in limited circumstances that do not conflict with other policies and of the Coastal Land Use Plan.
The existing restaurant was constructed in 1902 and is considered a legal, nonconforming development due to insufficient parking and the lack of an accessibility ramp. The property, which is 3,466 square feet in area, is relatively small and unable to accommodate a reasonably sized commercial building with the required parking to
support it. As a CN-zoned property, the maximum floor area ratio (FAR) is 0.30, which allows for a 1,040-square-foot commercial building. A commercial use, such as a visitor-serving retail store, in a building of this size would typically require five (5) parking spaces (one (1) space required per 250 square feet of gross floor area). A new commercial building, along with the required parking and compliance with accessibility
requirements would not be suitable on the property due to size restraints. A two-unit
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residential condominium that complies with all applicable development standards, including parking, is an appropriate replacement for the existing nonconforming
restaurant.
b. Coastal Land Use Element Policy 2.3.1-5: Protect special communities and
neighborhoods which, because of their unique characteristics, are popular visitor destination points for recreational uses.
The project does not change the unique characteristics of the Balboa Peninsula, nor does it deter visitors to the nearby beach. The project alleviates the nonconforming parking of the existing restaurant, which causes public parking to be occupied by patrons of the restaurant. Since the condominiums provide required parking, the supply
of street parking will be better utilized for visitors to the beach.
c. Coastal Land Use Element Policy 2.3.1-6: Where feasible, reserve upland areas
necessary to support coastal recreational uses for such uses;
d. Coastal Land Use Element Policy 2.4.1-2: When appropriate, accommodate coastal-
related developments within reasonable proximity to the coastal-dependent uses they
support; e. Coastal Land Use Element Policy 2.4.1-3: Discourage re-use of properties that result
in the reduction of coastal-dependent commercial uses. Allow the re-use of properties
that assure coastal-dependent uses remain, especially in those areas with adequate
infrastructure and parcels suitable for redevelopment as an integrated project; and f. Coastal Land Use Element Policy 2.4.1-4: Design and site new development to avoid
impacts to existing coastal-dependent and coastal-related developments. When
reviewing proposals for land use changes, give full consideration to the impact on
coastal-dependent and coastal-related land uses including not only the proposed
change on the subject property, but also the potential to limit existing coastal-dependent and coastal-related land uses on adjacent properties.
The property is located approximately 450 feet from the beach. Although it is within the general vicinity of the beach, it is not an ideal location for a coastal recreational use (examples include passenger/sightseeing boats, boat rentals and sales, boat/ship repair and maintenance, etc.). The property is adjacent to three residential properties
to the east and is similar in size and shape to the residential lots. The project does not
result in the reduction of coastal-dependent commercial uses since the existing use is a restaurant. g. Coastal Land Use Element Policy 2.3.1-7: Give priority to visitor-serving and
recreational uses in the mixed-use areas of the Balboa Peninsula, and Balboa Island.
As discussed above, there are numerous visitor-serving uses on the Balboa Peninsula. The property is relatively small in size and is more suitable for the proposed residential development. Additionally, although the existing use is not for recreational use, there
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are many recreational uses in other areas of the Balboa Peninsula, including recreational equipment rental stores at 2001 West Balboa Boulevard, 601 East Balboa
Boulevard, 2233 West Balboa Boulevard, 2000 West Balboa Boulevard, etc. Visitor-
serving and recreational uses are a continuing priority in the surrounding area.
h. Coastal Land Use Element Policy 2.7-1: Continue to maintain appropriate setbacks
and density, floor area, and height limits for residential development to protect the
character of established neighborhoods and to protect coastal access and coastal
resources.
The Project includes two (2) residential condominiums, which is consistent with the
allowed density on the adjacent residential lots located to the south. The Project also
complies with development standards typical for a two (2)-unit residential development,
including setbacks, floor area, and height limits.
i. Coastal Land Use Element Policy 2.9.3-1: Site and design new development to avoid
use of parking configurations or parking management programs that are difficult to
maintain and enforce.
The Project includes a compliant garage and carport configuration for each unit. This
parking configuration is typical for two (2)-unit residential developments throughout the
City. The parking is directly accessed by a curb cut from Balboa Boulevard.
j. Coastal Land Use Element Policy 2.9.3-2: Continue to require new development to
provide off-street parking sufficient to serve the approved use in order to minimize
impacts to public on-street and off-street parking available for coastal access;
k. Coastal Land Use Element Policy 2.9.3-3: Require that all proposed development
maintain and enhance public access to the coast by providing adequate parking
pursuant to the off-street parking regulations of the Zoning Code in effect as of October
13, 2005; and
l. Coastal Land Use Element Policy 2.9.3-5: Continue to require off-street parking in
new development to have adequate dimensions, clearances, and access to insure their
use.
Title 21 requires two (2) parking spaces per residential unit (one in a garage and one
covered or in a garage). The Project provides one space in a garage and one covered
parking space for a total of two (2) spaces per unit. The spaces are accessible from
Newport Boulevard and are dimensioned to comply with Title 20’s minimum parking
standards.
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4. Although the Project would replace a lower-cost visitor-serving restaurant with a two (2)-
unit residence, there are numerous lower-cost restaurants that are similar located nearby
the Property. The adjacent shopping center at 3100 Newport Boulevard includes Gina’s
Pizza, Chihuahua Cerveza, and Chipotle Mexican Grill. Additionally, nearby restaurants
include Mama D’s at 3012 Newport Boulevard, Sessions Sandwiches at 2823 Newport
Boulevard, Avila’s El Ranchito at 2800 Newport Boulevard, Laventina’s Pizza at 2819
Newport Boulevard, Ho Sum Bistro at 3112 Newport Boulevard, Hook and Anchor at 3305
Newport Boulevard Suite A, Chicken Bun Bun at 3305 Newport Boulevard Suite E,
Newport Fresh Sushi at 3305 Newport Boulevard Suite F, Crew Coffee at 3300 Newport
Boulevard, and Malarky’s Irish Pub at 3011 Newport Boulevard. The Project’s replacement
of the existing restaurant will not change the character of the Balboa Peninsula area as a
mixed-use area with commercial and residential uses.
5. The Property is one of five (5) lots categorized as Neighborhood Commercial (CN) by the
Coastal Land Use Plan and Title 21 located on 32nd Street between Balboa and Newport
Boulevards. Collectively, these Neighborhood Commercial (CN) properties total 189,562
square feet. The Property is 3,466 square feet and represents 1.8 percent of the total lot
area of these Neighborhood Commercial (CN) properties. Additional Neighborhood
Commercial (CN) properties are located on the corner of Bayside Drive and Jamboree
Road and on the corner of West Coast Highway and Balboa Boulevard.
6. The amendment to Setback Map S-2B of Title 21 removes a front setback along the side
property line, which would result in a three (3)-foot side setback that is typical for
residential development in the surrounding residential lots. This would allow for fences,
walls, or other accessory structures to a maximum height of six (6) feet in the side
setback area, where the maximum height of accessory structures in a front setback is
42 inches.
7. Pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5,
Chapter 8, drafts of the LCPA were made available and a Notice of Availability was
distributed on October 5, 2022, at least six (6) weeks prior to the anticipated final action
date.
Tentative Parcel Map
The Planning Commission determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 20 (Planning and Zoning) of the NBMC and is approved based
on the following findings per Section 19.12.070 (Required Findings for Action on Tentative
Maps) of the NBMC:
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Finding:
A. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with applicable
provisions of the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
1. The Tentative Parcel Map is for two (2)-unit residential condominium purposes. The
Property currently consists of a restaurant. The Project includes the demolition of the
restaurant and construction of a new duplex. The Project also includes an amendment
to the General Plan, Local Coastal Program, and Zoning Code to change the lot to two-
unit residential land use and zoning. The proposed subdivision and improvements are
consistent with the density of the proposed R-2 Zoning District and the Two Unit
Residential (RT) General Plan Land Use category.
2. The Property is not located within a specific plan area.
3. The Project is conditioned to require public improvements, including the reconstruction
of sidewalks, curbs, and gutters along the Balboa Boulevard frontage as needed, as well
as the undergrounding of utilities, consistent with the Title 19 (Subdivisions) of the
NBMC.
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The Property is physically suitable for a duplex because it is relatively flat. Due to the
angled rear property line, the Property is irregular in shape. However, the residential lots
to the south have a similar irregular shape and are suitable for residential development.
2. The Property is accessible from Balboa Boulevard.
3. The Property is adequately served by existing utilities, as the Property is currently
improved with a restaurant.
4. The existing crosswalk is proposed to be relocated from the southeast corner to the
northeast corner of Balboa Boulevard and 31st Street.
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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:
1. The Property is located within an existing neighborhood that does not contain any
sensitive vegetation or habitat on-site. Nearby uses include a large shopping center and
residences.
2. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant
to Section 15303 under Class 3 (New Construction or Conversion of Small Structures)
of the CEQA Guidelines. Section 2 of this Resolution is hereby incorporated by
reference.
Finding:
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Fact in Support of Finding:
The Tentative Parcel Map is for condominium purposes. All improvements associated with the
Project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent
serious public health problems. Public improvements will be required of the developer per
Section 19.28.010 (General Improvement Requirements) of the NBMC and Section 66411
(Local Agencies to Regulate and Control Design of Subdivisions) 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
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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:
1. The Public Works Department has reviewed the proposed Tentative Parcel Map and
determined that the design of the development will not conflict with easements acquired
by the public at large, for access through, or use of property within the proposed
development because no public easements are located on the Property.
2. There are no existing easements either through or adjacent to the Property.
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.
Fact in Support of Finding:
The Property is not subject to the Williamson Act because the Property is not designated as an
agricultural preserve and is less than 100 acres in area.
Finding:
G. That, in the case of a “land project” as defined in Section 11000.5 of the California
Business and Professions Code: (1) there is an adopted specific plan for the area to be
included within the land project; and (2) the decision making body finds that the
proposed land project is consistent with the specific plan for the area.
Facts in Support of Finding:
1. California Business and Professions Code Section 11000.5 has been repealed by the
Legislature. However, this Project is not considered a “land project” as previously
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defined in Section 11000.5 of the California Business and Professions Code because
the -Property does not contain 50 or more parcels of land.
2. The Project is not located within a specific plan area.
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.
Fact in Support of Finding:
The Tentative Parcel Map and any future improvements are subject to Title 24 of the California
Code of Regulations (“CBC”) that requires new construction to meet minimum heating and
cooling efficiency standards depending on location and climate. The Newport Beach Building
Division enforces the CBC compliance through the plan check and inspection process.
Finding:
I. 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.
Fact in Support of Finding:
The Project is consistent with the proposed R-2 Zoning District, which allows up to two (2)
residential units on the property. Since the Project is to replace an existing restaurant with two
(2) residential units, there is an increase in housing units which contributes to meeting the
regional housing need.
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.
Fact in Support of Finding:
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The residential building under construction has been designed to have wastewater discharge
into the existing sewer system and complies with the Regional Water Quality Control Board
(“RWQCB”) requirements.
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.
Fact in Support of Finding:
The Property is within the Coastal Zone. All Facts in Support of Findings L and M are hereby
incorporated by reference.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
L. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Project includes an amendment to the Local Coastal Program, including both the
CLUP and Title 21, to change the coastal land use category and coastal zoning from
Neighborhood Commercial (CN) to Two Unit Residential. Additionally, the Project
amends Setback Map S-2B of Title 21 to remove a front setback along the side property,
which would result in a side setback that is consistent with the abutting residential
properties.
2. The Tentative Parcel Map is for two (2)-unit residential condominium purposes. The
proposed two (2)-unit residence conforms to all applicable development standards of
the R-2 Coastal Zoning District, including floor area limit, setbacks, height, and off-street
parking. The proposed subdivision and improvements are consistent with the density of
the R-2 Coastal Zoning District.
a. The maximum floor area limitation is 4,485 square feet and the proposed floor
area is 3,564 square feet.
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b. The Project complies with the required setbacks, which are five (5) feet abutting
Balboa Boulevard, 10 feet abutting the rear property line, and three (3) feet along
each side property line. The proposed setbacks are consistent with the abutting
residences to the south of the Property.
c. The highest guardrail/parapet is below 24 feet from established grade and the
highest ridge is 29 feet from established grade. The proposed development
complies with all height requirements.
d. The Project provides a one (1)-car garage and one (1)-car carport per dwelling
unit, complying with the minimum parking requirement for a two (2)-unit
residence.
3. The Property is located between a large shopping center and three two-unit residences.
Other than the shopping center, the neighborhood is predominantly developed with two
(2) and three (3) story single and two (2)-unit residences. The proposed three (3)-story
structure’s design, bulk, and scale of the development is consistent with the existing
neighborhood pattern of development and expected future development.
4. The finish floor elevation of the proposed dwelling is nine (9) feet based on the North
American Vertical Datum of 1988 (NAVD 88), which complies with the minimum nine
(9)-foot (NAVD 88) elevation standard.
5. The Property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the CBC and Building Division
standards and policies. Geotechnical investigations specifically addressing liquefaction are
required to be reviewed and approved prior to the issuance of building permits. Permit
issuance is also contingent on the inclusion of design mitigation identified in the
investigations. Construction plans are reviewed for compliance with approved
investigations and the CBC prior to building permit issuance.
6. The Tentative Parcel Map is for a property within a developed neighborhood that is over
700 feet from the mean high-water line and is not near any natural landforms or
environmentally sensitive areas.
7. The Property is not located adjacent to a coastal view road, public viewpoint, public park,
or public accessway, as identified in the Coastal Land Use Plan. The Project is located
approximately 500 feet from the nearest public beach accessed from the 31st Street street-
end which is identified as public beaches in the Coastal Land Use Plan. The Project may
be located within the viewshed of other distant public viewing areas. Site evaluation
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revealed that the proposed three-story design is consistent with the existing neighborhood
pattern of development and will not affect the existing views of the ocean. The Project
complies with all applicable Local Coastal Program (LCP) development standards and
maintains a building envelope consistent with the existing neighborhood pattern of
development. Therefore, the Project does not have the potential to degrade the visual
quality of the Coastal Zone or result in significant adverse impacts to public views.
Finding:
M. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
The Property is not located between the first public road paralleling the sea. The Project would
allow the conversion of a property from commercial to residential, and each unit of a proposed
duplex to be sold individually. Although the Project involves a change in land use, it does not
result in a density or intensity that will increase demand on public access and recreation
opportunities. As previously discussed in the Charter Section 423 above, the conversion to two
residential units reduces traffic. Due to the location and scope of the Project, it can be
concluded that approval of the parcel map will not affect public recreation, access or views.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) and Section
15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines are not applicable. The Project location does not impact an environmental
resource of hazardous or critical concern, does not result in cumulative impacts, does
not have a significant effect on the environment due to unusual circumstances, does not
damage scenic resources within a state scenic highway, is not a hazardous waste site,
and is not identified as a historical resource.
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3. The Planning Commission of the City of Newport Beach hereby recommends approval of
Planning Application No. PA2020-060 which includes a General Plan Amendment, Local
Coastal Program Amendment, Code Amendment, Tentative Parcel Map, and Coastal
Development Permit, subject to the conditions set forth in Exhibit “B,” which is attached
hereto and incorporated by reference. The Tentative Parcel Map and Coastal
Development Permit are effective only if the Local Coastal Program Amendment is certified
by the Coastal Commission and subsequently adopted by City Council.
PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF JANUARY, 2023. AYES: Harris, Klaustermeier, Lowrey, and Rosene NOES: Ellmore
ABSTAIN: None ABSENT: None
BY:____________________________
Curtis Ellmore, Chair
BY:____________________________ Sarah Klaustermeier, Secretary
ATTACHMENT(S): Exhibit A – Legal Description Exhibit B – Conditions of Approval
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EXHIBIT “A”
LEGAL DESCRIPTION
THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 40 FEET BEING PARALLEL TO AND
50 FEET FROM THE SOUTHEASTERLY LINE OF LOT 1 IN BLOCK 130 OF LAKE TRACT,
AS PER MAP RECORDED IN BOOK 4, PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (COMPLETE LEGAL DESCRIPTION TO FOLLOW)
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Planning Commission Resolution No. PC2023-003 Page 20 of 25
EXHIBIT “B”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
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. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit and Tentative Parcel Map.
4. This Coastal Development and Tentative Parcel Map 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.
5. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits.
6. Prior to the issuance of a building permit, approval from the California Coastal
Commission shall be required. 7. Prior to the issuance of a building permit, 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. 8. Prior to building permit final, the Applicant shall pay required in-lieu park dedication fees for two new residential units.
9. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds pursuant to MBTA:
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A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active.
10. 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. 11. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
12. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible. 13. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stockpiles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway. 14. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
15. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit.
16. Prior to the issuance of building permits, the Applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
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17. Prior to the issuance of building permits, the Applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building
Division.
18. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined 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. 19. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated.
20. 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. 21. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC. The maximum
noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
22. 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.
23. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts
hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays.
24. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC.
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25. 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, 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 Hanna Residences including, but not limited to a General Plan Amendment,
Local Coastal Program Amendment, Code Amendment, Tentative Parcel Map, and Coastal Development Permit (PA2020-060). 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 26. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company.
Building Division 27. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 28. 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 two 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 30 minutes for trucks and heavy equipment.
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Off-Site Impacts • Encourage carpooling 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 (6)-inch surface layer, subject to review/discretion of the geotechnical engineer. 29. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction
Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project Applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in
effect during construction to minimize the project’s impact on water quality.
30. Prior to the issuance of a grading permit, 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. 31. A list of “good housekeeping” 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. Public Works Department
32. A Parcel 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
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Map to be submitted to the City of Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted.
33. Prior to recordation of the parcel 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 Lot Corner unless otherwise approved
by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 34. Prior to building permit final, the Owner shall design and install the relocation of the
existing crosswalk from the southwestern corner to the northwestern corner of Balboa
Boulevard and 31st Street. 35. All improvements shall be constructed as required by Ordinance and the Public Works Department.
36. Sidewalk shall be constructed along the entire project frontage of Balboa Boulevard per City Standard 180. 37. Each unit shall be served by its individual water service and sewer service installed per
City Standards. Each water meter and sewer cleanout shall be installed with a traffic-
grade box and cover. 38. All existing overhead utilities shall be undergrounded.
39. An encroachment permit is required for all work activities within the public right-of-way.
40. All improvements shall comply with the City’s sight distance requirement. See City Standard 105. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within public
right-of-way could be required at the discretion of the Public Works Inspector.
41. The project shall relocate the existing enhanced crosswalk crossing Balboa Boulevard in front of the proposed project. Final design shall be reviewed and approved by the Public Works Department.
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