HomeMy WebLinkAboutZA2016-068 -SITE DEVELOPMENT REVIEW- NEW MIXED USE BUILDING - 424 34th St RESOLUTION NO. ZA2016-068
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR SITE
DEVELOPMENT REVIEW NO. SD2016-008 FOR A MIXED-USE
DEVELOPMENT LOCATED AT 424 31st STREET (PA2016-177)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Stephen L. Ball Architect, Inc. with respect to property located
at 424 31st Street, and legally described as Lot 19 of Block 331 of Lancasters Addition,
requesting approval of a Minor Site Development Review.
2. The applicant requests a Minor Site Development Review to demolish an existing single-
story office building and construct a three-story, mixed-use development. The proposal
includes 745 square feet of commercial space at the ground floor and a 2,378 square-
foot single-family residential unit on the second and third floors. The development also
includes a 400 square-foot, two-car tandem garage for the residential use and three
uncovered parking spaces for the commercial use.
3. The subject property is located within the MU-CV/15 Street (Mixed-Use Cannery Village
and 15 Street) Zoning District and the General Plan Land Use Element category is Mixed
Use Horizontal 4 (MU-H4).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-H (Mixed Use Horizontal).
5. A public hearing was held on December 15, 2016, in the Corona del Mar Conference
Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. 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 Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project is categorically exempt under Section 15303 of the State CEQA (California
Environmental Quality Act) Guidelines — Classes 3 (New Construction or Conversion
of Small Structures). The Class 3 exemption applies to apartments, duplexes, and
similar structures designed for not more than six dwelling units in urbanized areas. The
proposed construction of a mixed-use development is consistent with all requirements
of the Class 3 exemption.
2. The Zoning Administrator finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
Zoning Administrator Resolution No. 068
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that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages
which may be awarded to a successful challenger.
SECTION 3. REQUIRED FINDINGS.
Site Development Review
In accordance with Section 20.52.080.F (Findings and Decision) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. Allowed within the subject zoning district.
Facts in Support of Finding:
1. The subject property is located within the MU-CV/15 Street Zoning District, which
allows multi-unit dwelling units, nonresidential uses and/or mixed-use
(commercial/residential) structures; where the ground floor is restricted to
nonresidential uses along the street frontage. Residential uses and overnight
accommodations are allowed above the ground floor and to the rear of uses along the
street frontage. Mixed uses or nonresidential structures are required on lots at street
intersections. The proposed development is a mixed-use development with
commercial use on the ground floor, residential use on the second and third floors, and
is allowed within the subject-zoning district.
Finding:
B. In compliance with all of the applicable criteria identified subsection
[20.52.080](C)(2)(c):
a. Compliance with this Section, the General Plan, the 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;
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).
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Facts in Support of Finding:
1. The Land Use Element of the General Plan designates the subject property as Mixed
Use Horizontal 4 (MU-H4), which is intended to provide for multi-family residential,
general or neighborhood commercial, and/or mixed-use structure; where the ground
floor shall be restricted to nonresidential uses along the street frontage and the rear
and upper floor uses for residential, including senior residential units and overnight
accommodations. Mixed-use or commercial buildings shall be required on parcels at
street intersections. The mixed-use development shall have floor area to land area
(FAR) ratio of 1.5; where a minimum FAR ratio of 0.25 and maximum 0.5 shall be used
for retail uses and a maximum of 1.0 for residential. The proposed development is
consistent with the General Plan designation in that:
a. The proposed development is designed as a mixed-use structure where there is
no internal connection or access provided between the nonresidential use on
the ground floor and residential use area on floors above.
b. The proposed development has 0.27 FAR for commercial uses; and 1.00 FAR
for residential uses totaling 1.27 FAR for a mixed-use development consistent
with the MU-H4 land use category.
2. The proposed development complies with the MU-CV/15 Street Zoning District
development standards of FAR, building setbacks, public and private open spaces,
building height, and parking in that:
a. The proposed development has 0.27 floor area ratio (FAR) for commercial use
and 1.00 FAR for residential use. The commercial FAR meets the minimum
0.25 FAR and is less than the maximum 0.50 FAR. The residential FAR.
Together, the proposed project has 1.27 FAR for mixed-use development.
b. The proposed development complies with the required setbacks of 0 feet for the
front, 10 feet for the rear and 0 feet for each side.
C. The proposed development consists of a 3-story building at 31 feet in height
which is in compliance with the 26/31 height allowance.
d. The proposed development provides a total of 108 square feet of common open
space, where a minimum of 75 square feet is required for each residential unit;
and a total of 1,598 square feet of private open space where a minimum of 139
square feet (5% of gross floor area) is required for each residential unit.
e. A total of five parking spaces are provided. Two spaces would be within a 400
square-foot tandem garage accessed from the alley. Three uncovered parking
spaces will also be provided, two accessed from the alley and one disabled
parking space would be accessed from 31 t Street. Parking for the proposed
development complies with the parking requirements of two enclosed parking
spaces for the single-residential unit and three guest/customer parking spaces
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for the commercial component at a ratio of one space for every 250 square feet
of gross floor area.
3. The proposed site layout provides efficient vehicular access from 31s' Street and an
existing alleyway by providing direct vehicular access from the alley and the street.
Adequate pedestrian access and path of travel to the building will be provided from the
street and alleyway. The existing street driveway will be repositioned slightly with no
loss of street parking spaces. The Public Works Department has reviewed and
approved the site plan, proposed improvements including the repositioned driveway
from 31St Street, and parking configuration subject to the conditions of approval.
4. The subject property is not located at or near a public view point or corridor as
identified in the General Plan Figure NR3 (Coastal Views); and therefore, is in
compliance with Section 20.30.100 (Public View Protections).
Finding:
C. 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.
Facts in Support of Finding:
1. The proposed development complies with all Building, Public Works, and Fire Codes.
The project complies with all City ordinances and conditions of approval. Verification is
ensured through the review of construction plans prior to the issuance of building
permits and the construction/inspection process.
2. 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.
3. The proposed project includes two enclosed parking spaces for the residential unit and
three open parking spaces for the nonresidential use, which comply with the parking
requirements for mixed-use, pursuant to the Municipal Code Section 20.40.040 (Off-
Street Parking).
4. The proposed project design includes more than the minimum required private
open spaces for the residential unit as required by the MU-CV/15 Street Zoning
District Mixed-Use zoning district.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Site
Development Review No. SD2016-008, subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20
Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 15th OF DECEMBER 2016.
Patrick Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
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. Minor Site Development Review No. SD2016-008 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 development shall consist of a 3-story, single building at 31 feet in height, and a FAR
of 1.27 (745 square feet for commercial and 2,378 square feet for residential):
4. A total of five parking spaces which consisted of a two-car tandem garage and three
uncovered parking spaces shall be provided and maintained at all time.
5. The applicant shall prepare a written disclosure statement prior to sale, lease, or rental of
a residential unit in the proposed mixed-use development consistent with Section
20.48.130.H (Notification to Owners and Tenants) of the Municipal Code.
6. The applicant shall record a deed notification with the County Recorder's Office, the form
and content of which shall be satisfactory to the City Attorney for a residential unit in a
mixed use project consistent with Section 20.48.130. / (Deed Notification).
7. The finished first floor elevation for interior living areas (commercial area on the ground
floor) shall be raised to at least 9.00 (NA VD 88) as the proposed development is located
in a low-lying area prone to flooding.
8. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
9. 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 Use
Permit.
10. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Site Development Review or
the processing of a new Site Development Review.
11. 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
building permits.
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12. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Site
Development Review file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include
architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The
plans shall accurately depict the elements approved by this Site Development Review
and shall highlight the approved elements such that they are readily discernible from
other elements of the plans.
13. Prior to issuance of building permits, approval from the California Coastal Commission
(CCC) shall be required; however, when the City of Newport has a fully certified Local
Coastal Program (LCP) and has the authority to issue coastal development permits
(CDP), approval by the City of Newport Beach shall be required. A copy of the CDP or
City approval shall be incorporated into the final approved plans.
14. Prior to the issuance of building permits, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect for the entire development.
These landscape plans shall incorporate drought tolerant plantings and water efficient
irrigation practices, and the plans shall be approved by the Planning Division.
15. 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.
16. 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.
17. 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.
18. All noise generated by the proposed development shall comply with the provisions of
Chapter 10.26 and other applicable noise control requirements of the Newport Beach
Municipal Code. The maximum noise shall be limited to no more than depicted below
for the specified time periods unless the ambient noise level is higher:
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Between the hours of TOOAM Between the hours of
and 10:OOPM 10:OOPM and TOOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
19. 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.
20. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, 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 Sundays or Holidays.
21. All trash shall be stored within the designated areas as approved by Community
Development Department and screened from view of neighboring properties, except
when placed for pick-up by refuse collection agencies.
22. 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).
23. Storage outside of the building, in the front, side or at the rear of the property shall be
prohibited.
24. 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 Taormina Mixed-Use Development including, but not
limited to Site Development Review No. SD2016-008. 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.
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Fire Department Conditions
25. As per California Fire Code Section 903.2.8, an automatic fire sprinkler system
installed in accordance with Section 903.3 shall be provided throughout all buildings
with a Group R fire area.
Building Division Conditions
26. 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.
27. 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
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.
�lacement Sandbag construction sites for erosion control.
Fill
• 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.
28. Prior to the issuance of grading permits, a Geotechnical Report shall be submitted for
the review and approval by the Building Division.
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29. 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, 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.
30. Prior to the issuance of grading permits, a Hydrology Plan shall be submitted for the
review and approval by the Building Division.
Public Works Conditions
31. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
32. An encroachment permit shall be required for all work activities within the public right-
of-way.
33. The applicant shall be responsible for the reconstruction of the existing broken and/or
otherwise damaged concrete curb, gutter and sidewalk along the 31St Street and any
existing broken and/or otherwise damaged concrete panels in the alley.
34. All existing overhead utilities serving the project site shall be undergrounded.
35. The residential unit and commercial component shall be served by separate water
services/meters and sewer laterals/cleanouts. Each water meter and sewer cleanout
shall be installed with a traffic-grade box and cover.
36. Additional reconstruction within the public right-of-way shall be required at the
discretion of the Public Works Inspector if it is determined that damage has been done
to public improvements surrounding the development site by the private construction.
37. The existing driveway shall be removed per City Standard STD-165-L.
38. A new driveway approach shall be constructed per City Standard STD-162-L and there
shall be no loss of on-street parking spaces.
39. The applicant shall provide a 4-foot ADA-compliant pedestrian path around the
proposed new driveway approach. This shall require a pedestrian easement within
private property to be granted to the City of Newport Beach.
40. The proposed project shall be designed to comply with the City sight distance standard
STD-110-L.
41. The rear alley setback shall be clear of all aboveground improvements.
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