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HomeMy WebLinkAboutPC2019-023 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-105, MINOR SITE DEVELOPMENT REVIEW NO. SD2018-006, AND VARIANCE NO. VA2018-007 TO DEMOLISH AN EXISTING MIXED-USE BUILDING AND SURFACE PARKING LOT AND CONSTRUCT TWO (2) NEW LIVE-WORK UNITS LOCATERESOLUTION NO. PC2019-023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-105, MINOR SITE DEVELOPMENT REVIEW NO. SD2018-006, AND VARIANCE NO. VA2018-007 TO DEMOLISH AN EXISTING MIXED -USE BUILDING AND SURFACE PARKING LOT AND CONSTRUCT TWO (2) NEW LIVE -WORK UNITS LOCATED AT 502 AND 504 WEST BALBOA BOULEVARD (PA2018-232) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Gina Siciliano of Sagemodern ("Applicant') on behalf of 502 Balboa West Partners, LLC ("Owner"), with respect to property located at 502 and 504 West Balboa Boulevard and legally described as Lots 20 and 21 in Block 3 of East Newport, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 3, Page 37 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, California, APN No. 048-071-17, 048-071-18 ("Property"). 2. The Applicant requests a coastal development permit and a minor site development permit to demolish an existing two-story, mixed -use building and surface parking lot and construct two (2) new live -work units ("Project'). As part of the Project, the Applicant also requests approval of a variance to waive or modify Newport Beach Municipal Code ("NBMC") Section 20.48.130 and allow reduction of the required 25-foot depth of nonresidential uses on the ground floor to a depth of 18 feet 4 inches. 3. The Property is designated Mixed -Use Vertical (MU-V) by the General Plan Land Use Element and is located within the Mixed -Use Vertical (MU-V) Zoning District. 4. The Property is located within the coastal zone; therefore the Project is reviewed for compliance with Title 21 (Local Coastal Program Implementation Plan) of the NBMC, and a coastal development permit ("CDP") is required. The Coastal Land Use Plan category is Mixed Uses Vertical (MU-V) and it is located within the Mixed -Use Vertical (MU-V) Coastal Zone District. 5. A public hearing was held on August 8, 2019, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act') and Chapter 20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commissioner at this hearing. 12-21-2017 Planning Commission Resolution No. PC2019-023 Page 2 of 18 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This Project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15303 and Section 15315 under Class 3 (New Construction or Conversion of Small Structures) 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. The Class 3 exemption applies to apartments, duplexes, and similar structures designed for not more than six (6) dwelling units in urbanized areas. The proposed live -work development is consistent with all requirements of the Class 3 exemption, as it contains two (2) live -work units on two existing nonresidential sites. SECTION 3. REQUIRED FINDINGS. 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: A. Conforms to all applicable sections of the certified Local Coastal Program (LCP). Facts in Support of Finding: The Project complies with applicable residential development standards including, but not limited to, floor area ratios, setbacks, height, open space, and parking. The maximum gross floor area allowable for residential uses is 2,100 square feet (i.e., floor area ratio [FAR] of 1.0) per unit. The proposed gross floor area for residential use is 2,093 square feet per unit. b. The minimum gross floor area allowable for nonresidential uses is 735 square feet (i.e., FAR of 0.35) and the maximum allowable is 1,050 square feet (i.e., FAR of 0.50) per unit. The proposed gross floor area of the nonresidential use is 735 square feet per unit. c. The Project provides the minimum required setbacks, which are 10 feet along the rear property line abutting the alley. There are no minimum setbacks required for the interior side property lines or the front property lines along West Balboa Boulevard. d. The highest flat roof portion or railing is no more than 26 feet above the established grade for the purposes of measuring height. The highest ridge is no more than 31 feet above this grade. Therefore, the Project will comply with the maximum height requirements. Planning Commission Resolution No. PC2019-023 Page 3 of 18 e. The Project includes parking spaces for each live -work unit by way of a two (2)-car garage. Two (2) additional open parking spaces per unit are provided to serve customers or visitors. Therefore, the Project will comply with the minimum parking requirements. 2. The immediate area is developed with predominately one (1)- and two (2)-level structures with a wide range of uses. To the north across the alley is a two (2)-level parking structure serving the private community of Bay Island, to the south across West Balboa Boulevard are primarily two (2)-story, single-family residences. The properties to the east and west along West Balboa Boulevard are predominantly developed with single-, two (2)-, and three (3)-story residential and nonresidential structures. Additionally, the Balboa branch of the Newport Beach Public Library is located to the east across Island Avenue. 3. The Project design includes second- and third -floor decks, which serve to set back the second- and third -floor living areas from the street. This feature serves to remove some of the massing keeping the Project at a pedestrian scale, which will help maintain compatibility with the neighborhood. 4. The Project has been designed such that it will be compatible with the scale of expected future development and is consistent with floor area ratio, height, bulk and massing requirements of the MU-V Coastal Zoning District. 5. The Property is separated from the beach by West Balboa Boulevard and two (2) rows of residential development. It is approximately 860 feet from the mean high tide line to the south and approximately 500 feet from the bay front to the northwest. The finish floor elevations of the first floor for the proposed structures are 9.26 and 9.30 feet based on the North American Vertical Datum of 1988 (NAVD88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard for new structures. The identified distances from the coastal hazards areas coupled with the 9.00-foot (NAVD 88) finish floor elevation, will help to ensure the Project is reasonably safe for the economic life of the structures. 6. The Property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code ("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 CBC prior to building permit issuance. 7. The Project design addresses water quality with a construction erosion control plan and a post -construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event run-off on -site. Any water not retained on -site is directed to the City's storm drain system. Planning Commission Resolution No. PC2019-023 Page 4 of 18 8. All proposed landscaping complies with Implementation Plan Section 21.30.075 (Landscaping) of the NBMC. A condition of approval is included that requires drought - tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the Project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The Property is located on the Balboa Peninsula between the nearest public road and the sea. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC, requires that the provision of public access bear a reasonable relationship between the requirement and the Project's impact and be proportional to the impact. In this case, the Project replaces an existing nonresidential structure and surface parking lot located on inland lots with two (2) new mixed -use structures. Although the Project involves a change in density and intensity from the existing condition, it is compliant with the allowable density and intensity for the site, as well as all applicable development standards of the MU-V Coastal Zoning District. The Project is not anticipated to result in a significantly increased demand on public access and recreation opportunities. Furthermore, the Project is designed and sited so as not to block or impede existing public access opportunities. 2. Vertical access to the bay front is available to the northeast and northwest along Island Avenue and Lindo Avenue, respectively. Vertical access to the beach is available to the southeast and southwest along Island Avenue and 6th Street, respectively. Lateral access along the beach is provided approximately 250 feet to the south along the public beach and paved West Ocean Front walk. Lateral access along the bay is also provided approximately 450 feet to the northwest along Buena Vista Boulevard. 3. The Property is not located adjacent to a coastal view road, public viewpoint, public park or beach, or public accessway, as identified in the Coastal Land Use Plan. Furthermore, an investigation of the Property and surrounding area did not identify any other public view opportunities. The Property may be located within the viewshed of distant public viewing areas. However, the Project is located on an inland lot and will replace an existing nonresidential structure with a new mixed -use structure that complies with all applicable LCP development standards and maintains a building envelope consistent with the existing and anticipated future 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. 4. The Project will improve an underutilized property along the heavily -traveled West Balboa Boulevard corridor, which will in turn help to enhance the visual quality of the coastal zone for visitors and residents. Planning Commission Resolution No. PC2019-023 Pape 5 of 18 5. The Project will close an existing driveway on West Balboa Boulevard. This closure may result in new on -street parking; and the driveway closure may reduce a potential traffic conflict point. Site Development Review In accordance with Section 20.52.080(F) (Site Development Reviews — Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: C. Allowed within the subject zoning district. Fact in Support of Finding: 1. The Property is located within the Mixed -Use Vertical (MU-V) Zoning District, which allows nonresidential uses and/or vertically -integrated mixed -use structures; where the ground floor is restricted to nonresidential uses along the street frontage. Residential uses are only permissible above the first floor. Each proposed live -work unit is comprised of a 735-square-foot nonresidential space on the ground floor with a single residential unit above. The nonresidential space and the residential unit share a common entry vestibule on West Balboa Boulevard. Pursuant to Table 2-8 (Allowed Uses and Permit Requirements), Chapter 20.22 (Mixed -Use Zoning Districts) of the NBMC, the proposed Project is allowed within the MU-V Zoning District. Finding: D. In compliance with all of the applicable criteria identified subsection [20.52.080](C)(2)(c): i. 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; ii. 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; iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; V. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and vi. The protection of significant views from public right(s)-of-way and compliance with Section 20.30.100 (Public View Protections). Planning Commission Resolution No. PC2019-023 Page 6 of 18 Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the Property as Mixed -Use Vertical (MU-V), which is intended to provide for the development of properties for mixed -use structures that vertically integrate housing with nonresidential uses. A mixed - use development on a property designated MU-V shall have a maximum floor area to land area ratio (FAR) of 1.5; where a minimum of 0.35 and maximum of 0.50 FAR shall be allocated to nonresidential uses and a maximum of 1.0 FAR to residential uses. The proposed development is consistent with the General Plan designation in that: a. The proposed live -work units are designed as vertically -integrated mixed -use structures located on West Balboa Boulevard. The Project will be occupied by nonresidential uses on the ground floor and the residential uses will be located above the ground floor; and b. Each unit of the proposed development has 0.35 FAR for nonresidential uses; and 1.00 FAR for residential uses. Together, the Project has 1.35 FAR for mixed - use development. 2. The Project complies with the MU-V Zoning District development standards of FAR, building setbacks, public and private open spaces, building height, and parking. See Fact in Support of Finding A(1) above. A variance has been requested to allow for a lesser nonresidential depth on the ground floor and is addressed in Findings F through K (Variance Findings) below. 3. The Project consists of two (2) 3-story buildings with sloping roofs at approximately 31 feet in height. Each building will consist of one (1) live -work unit with approximately 735 square feet in nonresidential floor area and a 352-square-foot, two (2)-car garage on the first floor. The nonresidential space will share an entry vestibule with the residential floor area above at the second and third floors, which will total approximately 1,747 square feet. In addition to the two (2) garage parking spaces per unit, two (2) open parking spaces accessible from the public alley will be provided for customers and visitors, which is compliant with the live -work parking requirement. 4. The proposed design include modern coastal architecture consisting of complementary materials, large windows, building articulation and modulation to provide increased visual interest. The Project also includes an indoor garden on the first floor and open railing on decks and balconies that provide visual interest on a pedestrian scale. 5. The Property layout provides efficient vehicular access from an existing public alleyway located behind the subject properties, accessed from Island Avenue. Adequate pedestrian access to the building is provided from West Balboa Boulevard and the public alleyway. The Public Works Department has reviewed and approved the site plan, proposed improvements, and parking configuration subject to the conditions of approval. Planning Commission Resolution No. PC2019-023 Page 7 of 18 6. The Property is not located at or near a public viewpoint 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) of the NBMC. See all Facts in Support of Finding B above. Finding: E. 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 Project will comply with all Building, Public Works, and Fire Codes, as well as all City ordinances and conditions of approval. 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 and provides an architecturally pleasing project with articulation and building modulation 3. The Project includes a two (2)-car garage with two (2) guest/customer spaces for each live -work unit, which complies with parking requirements pursuant to Section 20.40.040 (Off -Street Parking) of the NBMC. 4. The Project design includes adequate common and private open spaces for the live - work units. Variance In accordance with Section 20.52.090(F) (Variances — Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: F. There are special or unique circumstances or conditions applicable to the subject property (e.g., location shape, size, surroundings, 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: 1. The Property consists of two (2) lots that are each 30 feet wide by 70 feet deep with a lot area of 2,100 square feet. Pursuant to Table 2-10 (Development Standards for Vertical and Horizontal Mixed -Use Zoning Districts), Section 20.22.030 (Mixed -Use Zoning Districts General Development Standards) of the NBMC, the minimum lot area Planning Commission Resolution No. PC2019-023 Paqe 8 of 18 for newly subdivided lots in the MU-V Zoning District is 2,500 square feet with a minimum lot width of 25 feet. Each lot of the project site is therefore legal nonconforming with regards to lot area. 2. Although the lots are conforming in width and are rectangular in shape, they are substandard in lot area due to the limited lot depth. Since each lot is 30 feet wide, a depth of approximately 83 feet would be required to conform to lot area requirements, a 13-foot increase in lot depth beyond existing conditions. The Applicant requests a deviation of 6 feet 8 inches from the 25-foot minimum required depth for ground floor nonresidential depth, which is significantly less than this 13-foot difference. 3. The block where the Property is located was originally subdivided in 1904. There are six (6) other properties under identical zoning classification with similar lot dimensions and constraints in the same block; however, most are legal nonconforming and do not provide sufficient parking as required by Title 20 (Planning and Zoning) of the NBMC ("Zoning Code"). The Project proposes four (4) parking spaces for each live -work unit and complies with minimum parking requirements. 4. Due to the Property abutting a narrow 10-foot alley to the rear, the parking spaces must be set back 14 feet from the rear property line to provide a 24-foot-wide drive aisle. After providing parking for four (4) cars per lot, including two (2) garage parking spaces for each residential unit and one (1) accessible space on each lot, the resulting buildable depth on the ground floor allows a nonresidential depth of 18 feet 4 inches. Finding: G. Strict compliance with the Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. Facts in Support of Finding: 1. Strict compliance with the Zoning Code deprives the Property of the ability to construct one (1) new live -work unit per lot. With the exception of the six (6) lots in the same block also within the MU-V Zoning District, the nearest properties within the same zoning district are located approximately 1,500 feet to the east and are within the Balboa Village Parking Management Overlay District. Pursuant to the Parking Management Overlay regulations, new mixed -use developments, with some exceptions, are not required to provide nonresidential/customer parking. The Project provides two (2) 18-foot-deep customer parking spaces, including one (1) accessible parking space in addition to the two (2) required parking spaces for each dwelling unit. If customer parking for the nonresidential component of the development were not required, an additional 18 feet of lot depth would be available for the first floor to provide the required 25-foot depth required for the nonresidential floor area. 2. The required 25-foot depth for nonresidential floor area unduly hinders the Applicant's ability to construct a live -work unit on each lot while providing the required parking Planning Commission Resolution No. PC2019-023 Paae 9 of 18 spaces. Although the six (6) lots within and same block and zoning designation are also 70 feet in depth, the majority of lots in the vicinity within the MU-V Zoning Designation are located approximately 1,500 feet to the east. The majority of those lots fronting West Balboa Boulevard are 95 feet in depth, which provides more ability to meet the required 25-foot depth for the nonresidential floor area and provide off-street parking. Finding: H. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Finding: 1. Without granting the variance to decrease the nonresidential depth in each live -work unit, the Applicant could not construct a mixed -use development that provides required parking on the Property, consistent with what the development regulations permit on other lots in the area. Per Zoning Code development standards, the Applicant can construct a 3,150-square-foot mixed -use development, including garage parking for the residential component. This includes a minimum FAR of 0.35 (735 square feet) for the nonresidential component and a maximum FAR of 1.0 (2,100 square feet) for the residential component. The Project meets the FAR requirements for the development, but due to the unusually shallow dimensions of the lots and the four (4)-space per lot parking requirement, the development does not meet the 25-foot nonresidential depth requirement. 2. The Applicant proposes live -work structures which requires fewer parking spaces than other mixed -use developments with fully separated residential and nonresidential components. The parking requirement for a project of the same floor area, not designed as a live -work project, would require one (1) additional parking space and would require a parking waiver. The Applicant has therefore designed the Project appropriately as a live -work project on the Property, consistent with the intent of the MU-V Zoning District. 3. The required 25-foot nonresidential dimension constitutes an infringement on the Applicant's right to develop the Property. Due to the Property abutting a narrow 10-foot alley to the rear, the parking spaces must be set back 14 feet from the rear property line to provide a 24-foot-wide drive aisle. After providing parking for four (4) cars per lot, including two (2) garage parking spaces for each residential unit and one (1) accessible space on each lot, the resulting buildable depth on the ground floor allows a nonresidential depth of 18 feet 4 inches. 4. Unlike other MU-V properties located approximately 1,500 feet to the east located within the Balboa Village Parking Management Overlay District, no relief from nonresidential parking requirements is provided for the Property. The Project provides a total of four (4) parking spaces, two (2) in a garage and two (2) open, for each live -work unit, consistent with the requirements of the Zoning Code. The provision of nonresidential parking, including an accessible space, is an unusual requirement when compared to nearby lots and restricts the area available on the first floor available to provide the Planning Commission Resolution No. PC2019-023 Paae 10 of 18 minimum 25-foot depth. Finding: 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: Approval of the Variance request allows the Applicant to develop two (2) 2,834-square- foot live -work structures, each providing a two (2) car garage and two open parking spaces for guests/customers consistent with the MU-V Zoning District regulations. The resulting development is comparable in size and height to what is allowed for other identically -zoned lots in the same block and provides more off-street parking than would be required for identically -zoned properties within the Balboa Village Parking Management Overlay District, located approximately 1,500 feet to the east. The request to decrease the nonresidential dimension below the minimum allowed by the Zoning Code is not a special privilege as the nonresidential FAR remains consistent with the requirements of the Zoning Code. The decrease in nonresidential dimension allows for four (4) parking spaces to be provided for each live -work unit. Finding: Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. Facts in Support of Finding: Due to the development of the lots and the proposed vehicular access via the alley, the Project includes the closure of an existing driveway on West Balboa Boulevard. This has the potential to improve street parking and circulation near the West Balboa Boulevard/Island Avenue intersection and reduce a point of potential traffic conflict. 2. The reduced nonresidential depth dimension will not appear out of character with the neighborhood and will not be visible to passersby. The Project design complies with the required floor area, height, setbacks and parking requirements. The decreased nonresidential dimension allows for four (4) parking spaces to be provided for each live - work unit, including a two (2)-car garage for each unit and an accessible parking space on each lot. 3. Even with the reduced nonresidential depth dimension, the Project will still provide the minimum floor area and space adequate in size for the commercial portion of the live - work development to conduct business. Planning Commission Resolution No. PC2019-023 Page 11 of 18 4. The proposed design is a three (3)-story structure located in a neighborhood with a wide range of uses and a mix of single, two (2)- and three (3)-story structures. The design maintains a bulk and scale that is consistent with other allowable and constructed development on typical lots in the surrounding area. 5. The Development is required to maintain a 24-foot drive aisle in the rear, including the public alley, and to provide two (2) open parking spaces for customers/visitors of the nonresidential component of the project. The Project is also required to maintain each two (2)-car garage available for parking of vehicles and to comply with all other applicable development standards. 6. Granting of the Variance to allow a decreased nonresidential dimension will not be detrimental to the on -street parking situation in the area. The proposed Project includes a two (2)-car garage and two (2) off-street open parking spaces for each live -work unit, and includes the closure of an existing driveway on West Balboa Boulevard. Finding: K. 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: 1. Granting the Variance request would not increase the density beyond what is planned for the area, and will not result in a substantial amount of additional traffic, demand on public parking, or demand for other services. 2. The decrease in nonresidential depth on the ground floor allows for adequate parking to be provided and for live -work units to be constructed, consistent with the intent of the MU-V General Plan Land Use Designation to provide for the development of properties with for mixed -use structures that vertically integrate with retail uses including retail, office, restaurant, and similar nonresidential uses. 3. The proposed Variance request provides the minimum nonresidential FAR of 0.35 despite the decreased nonresidential dimension. This is consistent with the intent of the MU-V Zoning District to provide areas appropriate for the development of mixed -use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. 4. The Property is not located within a specific plan area, therefore, no additional findings of conformity with a specific plan are required. Planning Commission Resolution No. PC2019-023 Paqe 12 of 18 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby finds the Project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 and Section 15315 under Class 3 (New Construction or Conversion of Small Structures) 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 Planning Commission of the City of Newport Beach hereby. approves Coastal Development Permit No. CD2018-105, Minor Site Development Review No. SD2018- 006, and Variance No. VA2018-007, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 3. This action shall become final and effective fourteen (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 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City's certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 8T" DAY OF AUGUST, 2019. AYES: Klaustermeier, Koetting, Rosene and Weigand NOES: Ellmore ABSTAIN: ABSENT: Kleiman and Lowrey IOYA Planning Commission Resolution No. PC2019-023 Page 13 of 18 EXHIBIT "A" 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. Coastal Development Permit No. CD2018-105, Minor Site Development Review No. SD2018-006, and Variance No. VA2018-007 shall expire unless exercised within twenly- four (24) months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. A total of two (2) garage on -site parking spaces and two (2) open on -site parking spaces for each live -work unit shall be provided and maintained accessible for parking of vehicles at all times. 4. Prior to certificate of occupancy the Applicant or Property Owner shall record a deed restriction stating that the commercial spaces located on the ground floors shall be used for commercial purposes consistent with the Newport Beach Zoning Code and Local Coastal Program and shall not be leased and/or occupied separately from the residential units above. 5. Access between the upper -floor residential area and the first -floor commercial space of the live -work units shall be maintained at all times. 6. At the issuance of building permits, a Fair Share Traffic fee shall be paid for the change in land use consistent with the fee schedule in effect at the time of issuance. 7. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 8. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 9. 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 Planning Commission Resolution No. PC2019-023 Paae 14 of 18 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. 10. Debris from demolition shall be removed from work areas each day and removed from the Project within twenty-four (24) hours of the completion of the Project. Stock piles 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. 11. 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. 12. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 13. Prior to the issuance of any building permit, the Applicant shall submit a final landscape and irrigation plan. These plans shall incorporate drought -tolerant plantings, non- invasive plant species and water -efficient irrigation design. The plans shall be approved by the Planning Division. 14. 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. 15. 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 the MBTA: 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. Planning Commission Resolution No. PC2019-023 Paae 15 of 18 16. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 17. 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. 18. 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. 19. 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. 20. Prior to issuance of any building permit, 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 action and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 21. The site shall be in compliance with Section 20.30.070 of the NBMC. If in the opinion of the Community Development Director, 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. 22. All noise generated by the Project 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 a.m. and 10 p.m. Between the hours of 10 p.m. and 7 a.m. 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 145dBA 60dBA I 45dBA 50dBA Commercial Property N/A 65dBA I N/A 60dBA 23. 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. Planning Commission Resolution No. PC2019-023 Paqe 16 of 18 24. 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 a.m. and 6:30 p.m., Monday through Friday. Noise -generating construction activities are not allowed on Saturdays, Sundays or Federal Holidays. 25. 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. 26. 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) of the NBMC. 27. Storage outside of the building, in the front, side or at the rear of the property shall be prohibited. 28. 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 the Sagemodern Live -Work Development including, but not limited to Coastal Development Permit No. CD2018-105, Minor Site Development Review No. SD2018-006, and Variance No. VA2018-007. 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 29. The live -work unit limitations shall apply as per California Building Code ("CBC') Section 419.1.1. 30. Fire sprinklers shall be provided as per California Fire Code ("CFC') Section 903.2.8. 31. A fire alarm system shall be provided as per CFC Section 907.2.9. 32. Single- or multiple -station smoke alarms shall be installed and maintained in Group R-2 occupancies at all of the following locations: Planning Commission Resolution No. PC2019-023 Page 17 of 18 A. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. B. In each room used for sleeping purposes. C. In each story within a dwelling unit. Building Division 33. 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 CBC. 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. 34. Prior to the issuance of grading permits, a Geotechnical Report shall be submitted for the review and approval by the Building Division. Public Works 35. All improvements shall be constructed as required by Ordinance and the Public Works Department. 36. Plug unused driveway approach along West Balboa Boulevard frontage. New sidewalk, curb and gutter shall be installed per City Standard. 37. Curb drains shall be installed per City Standard STD- 148-L. 38. No above ground improvements shall be installed within the proposed 14-foot rear alley setback. 39. The commercial and residential spaces shall be served by its individual water service and sewer service. Each water meter and sewer cleanout shall be installed with a traffic - grade box and cover. Water meter and sewer cleanout shall be located within the public right-of-way. 40. An encroachment permit is required for all work activities within the public right-of-way. 41. In case of damage done to 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. 42. All on -site drainage shall comply with the latest City Water Quality requirements. 43. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. If Planning Commission Resolution No. PC2019-023 Paae 18 of 18 the sewer line to be abandoned has an existing cleanout, abandonment shall include removal of the cleanout riser, the 4TT box at the wye. Sewer lateral shall then be capped where the wye used to be. 44. No structural encroachments, including but not limited to foundations, are permitted within the public right-of-way or easement areas. 45. No above -ground projections into the right of way shall be permitted. 46. Reconstruct all damaged or broken curb, gutter, sidewalk or street along the West Balboa Boulevard frontage. Reconstruct all damaged or broken alley panels along the alley frontage.