HomeMy WebLinkAboutZA2020-062 - APPROVING MINOR SITE DEVELOPMENT REVIEW NO. SD2020-007, MODIFICATION PERMIT NO. MD2020-007, COASTAL DEVELOPMENT PERMIT NO. CD2020-037 AND TENTATIVE PARCEL MAP NO. NP2020-008 TO DEMOLISH TWO EXISTING SINGLE-FAMILY RESIDENCES AND CONSTRUCT A NERESOLUTION NO. ZA2020-062
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR
SITE DEVELOPMENT REVIEW NO. SD2020-007, MODIFICATION
PERMIT NO. MD2020-007, COASTAL DEVELOPMENT PERMIT
NO. CD2020-037 AND TENTATIVE PARCEL MAP NO. NP2020-
008 TO DEMOLISH TWO EXISTING SINGLE-FAMILY
RESIDENCES AND CONSTRUCT A NEW THREE-STORY,
MIXED-USE CONDOMINIUM STRUCTURE WITH A REDUCTION
IN REQUIRED NUMBER OF NONRESIDENTIAL PARKING
SPACES (TITLE 21) AND REQUIRED WIDTH OF RESIDENTIAL
PARKING SPACES (TITLE 20) LOCATED AT 503 AND 505 EAST
BALBOA BOULEVARD (PA2020-073)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Advanced Champion LLC (Applicant), with respect to property
located at 503 and 505 East Balboa Boulevard, and legally described as Lots 2 and 3 of
Block 6 in Tract 104.
2. The Applicant requests a minor site development review, modification permit, coastal
development permit and tentative parcel map to demolish two existing single-family
residences in the Mixed Use Vertical (MU-V) zone and construct a new approximately
7,680-square-foot, mixed-use condominium structure comprised of 1,798 square feet of
commercial space and three (3) residential units. A minor site development review is
required for mixed-use development of less than 9,999-square-feet and one (1) to four
(4) dwelling units. A modification permit is requested to allow residential parking spaces
of less than the minimum width. A coastal development permit is required for new
development within the coastal zone and relief from the development standards related
to nonresidential parking. A tentative parcel map is required to merge two (2) lots and
for condominium purposes.
3. The subject property is designated MU-V (Mixed Use Vertical) by the General Plan Land
Use Element and is located within the MU-V (Mixed Use Vertical) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-V (Mixed Use Vertical) and it is located within the MU-V (Mixed Use
Vertical) Coastal Zone District.
5. A public hearing was held online via Zoom on September 24, 2020, observing restrictions
due to the Declaration of a State Emergency and Proclamation of Local Emergency related
to COVID-19. A notice of time, place and purpose of the hearing was given in accordance
with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was
presented to, and considered by, the Zoning Administrator at this hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Sections 15303 and 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New
Construction) and Class 15 (Minor Land Divisions), because it has no potential to have a
significant effect on the environment.
2. Class 3 exempts new commercial construction of less than 10,000 square feet in floor
area, if zoned for such use, if not involving the use of significant amounts of hazardous
substances where all necessary public services and facilities are available and the
surrounding area is not environmentally sensitive.
3. The exceptions to this categorical exemption under Section 15300.2 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.
4. Class 15 exempts the division of property in urbanized areas zoned for residential,
commercial, or industrial use into four (4) 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 are available, the parcel was not
involved in a division of a larger parcel within the previous two (2) years, and the parcel
does not have an average slope greater than 20 percent. The Tentative Parcel Map will
merge two (2) adjacent lots, allow the individual sale of the units and is consistent with
all of the requirements of the Class 15 exemption.
SECTION 3. REQUIRED FINDINGS.
Minor 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:
A. The proposed development is allowed within the subject zoning district.
Facts in Support of Finding:
1. The project site is located within the Mixed-Use Vertical (MU-V) District, which provides
for the development of mixed-use structures that vertically integrate housing with
commercial uses including retail, office, restaurant, and similar nonresidential uses. The
proposed development is consistent with this designation, as it provides commercial
space on the first floor and residential living area on the second and third floors.
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2. The project consists of 1,798 square feet of commercial space on the first floor and three
(3) residential units on the second and third floors, which complies with the floor area
requirements and limitations, as well as the prescribed density range for the site.
3. The project will replace two (2) legal, nonconforming single-family residences with a
mixed-use development consistent with the property’s MU-V zoning and land use
designation and will also provide an additional housing unit within Balboa Village.
Finding:
B. The proposed development is in compliance with all of the following applicable criteria:
i. Compliance with this section, the General Plan, this Zoning Code, any applicable
specific plan, and other applicable criteria and policies related to the use or structure;
ii. The efficient arrangement of structures on the site and the harmonious relationship of
the structures to one another and to other adjacent developments; 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 Protection).
Facts in Support of Finding:
1. The Mixed Use Vertical (MU-V) General Land Use designation and Zoning District is
intended to provide for the development of mixed-use structures that vertically integrate
housing with commercial uses including retail, office, restaurant, and similar
nonresidential uses. The proposed development is consistent with this designation as it
provides commercial space on the first floor and residential living area on the second
and third floors.
2. The project site is located within the Balboa Village Parking Management Overlay District
[NBMC Section 20.28.030(D)(1)], which establishes modified parking requirements for
properties located within Balboa Village (Parking Management Overlay Map PM-1). Off-
street parking is not required by Title 20 for the commercial component of the proposed
development, except that one (1) accessible parking space is required by the Building
Code. However, off-street parking is still required for the proposed residential units in
accordance with NBMC Chapter 20.40 (Off-Street Parking). The proposed project
provides seven (7) residential parking spaces and complies with the Overlay District
requirements.
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3. The project is designed to be consistent with the overarching principles of the Balboa
Village Design Guidelines. This will help to ensure compatibility with not only adjacent
structures, but also with buildings throughout Balboa Village that are subject to the same
set of guidelines. The proposed redevelopment will enhance the Balboa Boulevard
corridor with a new, refreshed facade that maintains the pedestrian scale with storefront
window treatments. The new development also proposes to bring the buildings closer
to the street maintaining the historical 0-foot setback of many of the buildings within
Balboa Village. Additionally, the existing driveway approach along East Balboa
Boulevard will be removed and replaced with curb and sidewalk to improve pedestrian
access along the street.
4. Consistent with General Plan Land Use Element Policy LU 2.1 (Resident-Serving Land
Uses), the project will accommodate housing and commercial uses, and will provide
employment opportunities in balance with community natural resources and open
spaces.
5. Consistent with General Plan Land Use Element Policy LU 6.13.1 (Balboa Village Core),
the project contributes to the development of local- and visitor-serving commercial and
mixed-use buildings that integrate residential with ground-level commercial uses.
6. The project incorporates a modern and updated appearance with building materials and
finishes that include smooth-painted stucco, stone veneer, standing seam metal roofing
and wood trellis detail. As conditioned, the storefront will include architectural treatment
to reflect traditional parts, including bulkhead, rectangular display windows, vertical
piers, horizontal space for signage, awning or canopies, consistent with the building form
design guidelines for storefronts of the Balboa Village Design Guidelines.
7. Pedestrian and vehicular access along Balboa Boulevard and the alleyway have been
reviewed by the Public Works Department for adequacy, efficiency, and safety. The
existing driveway along East Balboa Boulevard will be removed, and new curb, gutter
and sidewalk constructed to match the existing adjacent improvements and decorative
sidewalk.
8. No public views are present through the project site and the project is consistent with all
applicable development standards.
Finding:
C. The proposed development is not detrimental to the harmonious and orderly growth of the
City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of person residing or working in the
neighborhood of the proposed development.
Facts in Support of Finding:
1. The project is consistent with the development goals for Balboa Village and the MU-V
Zoning District to provide housing, employment opportunities and commercial space to
serve the adjoining residential neighborhoods.
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2. The project includes an architecturally-pleasing design with articulation and finishes that
enhance the local surrounding urban environment.
3. Conditions of approval are included to help minimize any potential impacts, including
but not limited to:
a. Condition of Approval No. 20 helps to ensure that no construction materials or
activities will infringe upon the public walkway.
b. Condition of Approval No.18 helps to ensure that illumination will not create an
unacceptable negative impact on surrounding land uses or environmental
resources.
c. Condition of Approval No. 30 limits the hours of construction activity to mitigate
potential impacts to adjacent neighboring properties.
d. Condition of Approval No. 31 ensures that Best Available Control Measures will
be implemented to minimize construction-related air quality impacts.
Modification Permit
In accordance with Section 20.52.050(E) (Modification Permits – Required Findings) of the
NBMC, the following findings and facts in support of such findings are set forth:
Finding:
D. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1. The neighborhood contains a mix of one (1)-, two (2)- and three (3)-story structures. The
design, bulk, and scale of the proposed development is consistent with the existing and
anticipated future neighborhood pattern of development. The upper levels of the building
are appropriately stepped back to minimize the scale of the residential component of the
project and maintains a more dominant commercial storefront.
2. Nonconforming parking dimensions are common on the Balboa Peninsula where the
required parking dimensions were modified in 2010 to require greater parking
dimensions for lots in excess of 30 feet in width. The proposed parking design will
accommodate seven (7) onsite parking spaces as required for a three (3)-unit residential
development and one (1) accessible non-residential parking space.
Finding:
E. The granting of the modification is necessary due to the unique physical characteristic(s)
of the property and/or structure, and/or characteristics of the use.
Facts in Support of Finding:
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1. The granting of the Modification Permit is necessary to allow reasonable development
of the property consistent with the intent and purpose of the MU-V Zoning District and
General Plan Land Use designation.
2. The MU-V District development standards prescribe minimum commercial floor area,
minimum residential density and minimum number of residential parking spaces. The
width of the project site makes it infeasible to meet all of these standards. The required
commercial ADA parking space is 12-feet wide, with an additional 5-foot loading area
that must remain clear. The ADA requirement impacts achievable widths of the
remaining residential parking spaces on-site. The granting of the modification for
residential parking space width will facilitate a project that meets the intent and purpose
of the MU-V zone and land use designation, while meeting all other applicable
development standards.
3. The development will provide the required number of parking spaces required in the
Balboa Village Parking Management Overlay District, including two (2) tandem parking
spaces for each proposed residence and one (1) residential guest parking space as
required by the Zoning Code, and one (1) accessible commercial parking space as
required by the Building Code.
Finding:
F. The granting of the modification is necessary due to practical difficulties associated with
the property and the strict application of the Zoning Code results in physical hardships
that are inconsistent with the purpose and intent of the Zoning Code.
Facts in Support of Finding:
1. The subject property is approximately 54 feet wide and 95 feet deep. The MU-V District
development standards prescribe minimum required commercial floor area, minimum
residential density and minimum number of residential parking spaces. The dimensions
of the project site create practical difficulties in meeting all of these standards. The
granting of the modification for residential parking space width will facilitate a project that
meets the intent and purpose of the MU-V zone and land use designation, and which
complies with all other development standards including the amount of residential onsite
parking required in the Balboa Village Parking Management Overlay District.
2. The proposed parking space dimensions are adequate for average-sized vehicles and
similar to the width of parking spaces provided on other properties throughout the
neighborhood.
Finding:
G. There are no alternatives to the modification permit that could provide similar benefits
to the Applicant with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public.
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Fact in Support of Finding:
1. An alternative that would reconfigure the design of the ground floor level to
accommodate compliant parking dimensions would make it infeasible to provide ground-
level commercial space that complies with the intent and development standards of the
MU-V Zone (i.e., depth and floor area) and would not meet the objectives of the
Applicant.
Finding:
H. The granting of the modification would not be detrimental to public health, safety, or
welfare, to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code.
Facts in Support of Finding:
1. Approval of the requested modification does not affect the provision of seven (7)
residential parking spaces and one (1) accessible commercial parking space, as
required by NBMC Chapter 20.40 (Off-Street Parking) and the Building Code.
2. Nonconforming parking dimensions are common on the Balboa Peninsula where the
minimum parking dimensions were modified in 2010 to require additional size for lots in
excess of 30 feet in width.
3. Vehicular access and parking configuration have been determined satisfactory by the
Public Works Department in terms of adequacy, efficiency, and safety.
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:
I. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, and height.
a. The maximum residential floor area limitation is 5,130 square feet and the
proposed floor area is 5,129 square feet.
b. A minimum of 1,796 and maximum of 2,565 square feet of nonresidential floor area
is required and the project includes 1,798 square feet of nonresidential floor area.
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c. The proposed development provides the minimum required setbacks of 10 feet
along the rear property line abutting the alley. No front or side setbacks are
required. The upper levels of the structure are articulated to provide 790 square
feet of common open space, where 225 square feet are required, and 652 square
feet of private open space for each residential unit, where 256 square feet are
required.
d. The highest guardrail is less than 26 feet from established grade and the highest
ridge is no more than 31 feet from established grade, in compliance with the
maximum height requirements.
e. The project includes covered parking for a total of eight (8) vehicles, complying with
the minimum seven (7)-space parking requirement for three (3) residential units
and one (1) accessible parking space for the commercial use, as required by the
Building Code.
2. The neighborhood is developed with a mix of one (1)-, two- (2) and three (3)-story,
structures. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development.
3. Fact in Support of Finding B.2 is hereby incorporated in reference.
4. The Balboa Village Parking Management Overlay District has not yet been incorporated
into the City’s Local Coastal Program Implementation Plan (NBMC Title 21). Because
of this, the project includes a request for relief from Chapter 21.40 (Off-Street Parking),
pursuant to Section 21.40.110 (Adjustments to Off-Street Parking Requirements).
Section 21.40.110(A) provides requirements for allowing reduced parking. As
demonstrated by the Balboa Village Parking Management Plan, prepared by Nelson
Nygaard in May 2012, the project is in a relatively dense area with multiple uses within
a short distance of each other. Balboa Village is conducive to a significant amount of
walk-in patrons and experiences parking shortages in the daytime during the summer
months. However, parking is typically available during the rest of the year. A large
municipal lot and on-street parking are available in the area to accommodate the
proposed use in the off-season months. During summer peak months, the commercial
component will provide additional visitor-serving uses, such as retail, small eating and
drinking, and personal service type uses, that are intended to serve beach and bay
visitors already in the area. Furthermore, Balboa Village is served by public
transportation consisting of regular bus service and additional trolley service during peak
summer months that provides a parking alternative.
5. Once the Balboa Village Parking Management Overlay District is certified, the
development will be in conformance with the Local Coastal Program as amended.
6. The project is located on an inland property in a developed area approximately 700 feet
from coastal waters. Based on research of existing site conditions, the project site has
an elevation between 10 feet and 11 feet, based on the North American Vertical Datum
of 1988 (NAVD 88), whereas new structures are required to have a minimum finished
floor of 9.0 feet (NAVD 88). As conditioned, a topographic survey prepared by a licensed
land surveyor will be required prior to permits being issued. The proposed structure will
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comply with the minimum finished floor requirement. The project site is separated from
the ocean by a row of residential homes and a large municipal parking lot. The identified
distances from coastal hazard areas coupled with the elevation of the site will help to
ensure the project is reasonably safe for the economic life of the structure.
7. The property is 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 may be 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, if needed. Construction plans are reviewed for compliance with
approved investigations and CBC prior to building permit issuance.
8. A construction erosion control plan has been provided to implement temporary Best
Management Practices (BMPs) during construction and minimize erosion and
sedimentation and to minimize pollution of runoff and coastal waters derived by
construction chemicals and materials.
9. The project site is not located adjacent to a coastal view road, public access way, or coastal
viewpoint as identified in the Coastal Land Use Plan. The nearest public viewpoint is
located on the Balboa Pier, which is approximately 1,500 feet away from the project site.
The property does not have any coastal resources on or adjacent to it as the area is
completely developed. The site does not provide any form of public access and it is not
located along the coast; it is an inland parcel not fronting Newport Harbor or the Pacific
Ocean. No public coastal views are present through the project site and the project is
consistent with all applicable development standards provided in Title 21 that are
intended to protect the visual quality of the coast and to protect coastal views.
Finding:
J. Conforms to 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 project site is located between the nearest public road and the sea or shoreline.
However, Implementation Plan Section 21.30A.040 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. While the project includes an additional dwelling unit,
the site does not currently provide or inhibit public access and the project is designed and
sited (appropriate height, setbacks, etc.) so as not to block or impede existing public
access opportunities.
2. Vertical access to the beach and coastal waters is available immediately west of the site
along Adams Street. Lateral access is available along the East Ocean Front boardwalk
and public beach one block south of the site. The project does not include any features
that would obstruct access along these routes.
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3. The adjustments to the commercial off-street parking requirements are not expected to
impact public access for the reasons cited in Fact in Support of Finding I.4.
Tentative Parcel Map
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Titles 20 and 21 of the NBMC and is approved based on the
following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps) of
Title 19:
Finding:
K. 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 proposed subdivision and improvements are consistent with the MU-V General Plan
designation of the project site.
2. The project is not located within a specific plan area.
3. The Public Works Department has reviewed the Tentative Parcel Map and found it
consistent with Title 19 of the NBMC and applicable requirements of the Subdivision
Map Act.
4. Conditions of approval have been included to ensure compliance with Title 19.
Finding:
L. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The approximately 5,130-square-foot site is physically suitable for the proposed
development because it is rectangular in shape and is relatively flat.
2. Based on a site-specific preliminary geologic investigation prepared for project, the
development is feasible with appropriate site preparation and construction.
3. The subject property is accessible from East Balboa Boulevard and the alley at the rear
and is adequately served by existing utilities.
Finding:
M. 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
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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.
Fact in Support of Finding:
1. The project site to be developed does not support any environmental resources. As such,
there would be no significant impacts to fish or wildlife or their habitat associated with the
project.
Finding:
N. 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:
1. The Tentative Parcel Map is purposed with merging the two (2) contiguous lots and
creating a subdivision of air space for condominium ownership. 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 Applicant per Section 19.28.010 (General Improvement
Requirements) of the Municipal Code 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:
O. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision. In this connection, the decision-making body may approve a
map if it finds that alternate easements, for access or for use, will be provided and that
these easements will be substantially equivalent to ones previously acquired by the
public. This finding shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is hereby granted to
the City Council to determine that the public at large has acquired easements for access
through or use of property within a subdivision.
Fact in Support of Finding:
1. 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 there are no public easements located on the property.
2. Public improvements will be required of the Applicant per the Municipal Code and the
Subdivision Map Act. Conditions of approval require that the existing driveway along
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East Balboa Boulevard be abandoned and new curb, gutter and sidewalk constructed
match the existing decorative sidewalk.
Finding:
P. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act,
if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision
of the land would not be too small to sustain their agricultural use or the subdivision will
result in residential development incidental to the commercial agricultural use of the
land.
Facts in Support of Finding:
1. The property is not subject to a Williamson Act contract.
2. The project site is currently developed for residential use and lies in a Zoning District
that permits residential uses in conjunction with a mixed-use development.
Finding:
Q. 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 site is not considered a “land project” as previously
defined in Section 11000.5 of the California Business and Professions Code because
the Project site does not contain 50 or more parcels of land.
2. The project is not located within a specific plan area.
Finding:
R. 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:
1. The Tentative Parcel Map and any future improvements are subject to Title 24 of the
California Building Code that requires new construction to meet minimum heating and
cooling efficiency standards depending on location and climate. The Newport Beach
Building Division enforces Title 24 compliance through the plan check and inspection
process.
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Finding:
S. 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:
1. There are two (2) existing legal, nonconforming single-family residences on the project
site. The project includes the construction of an additional residential unit to contribute
to the City’s share of the regional housing need. The Applicant will be responsible for
the payment of appropriate fair share and park fees for the development of this additional
new dwelling unit. Therefore, the Tentative Parcel Map will not affect the City in meeting
its regional housing need.
Finding:
T. 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:
1. The project is designed so that wastewater discharge into the existing sewer system
complies with the Regional Water Quality Control Board (RWQCB) requirements.
Finding:
U. 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:
1. The subject property is located within the Coastal Zone. A coastal development permit
is requested in conjunction with the proposed tentative parcel map. The project complies
with the certified Local Coastal Program (LCP) and public access and recreation policies
of Chapter Three of the Coastal Act.
2. Facts in Support of Findings I and J for the Coastal Development Permit (above) are
hereby incorporated by reference.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15303 and 15315 under Class 3 (New Construction or Conversion of Small
Structures) and 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. The exceptions to the Class 3 categorical
exemption under Section 15300.2 are not applicable.
2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Site
Development Review No. SD2020-007, Modification Permit No. MD2020-007, Coastal
Development Permit No. CD2020-037 and Tentative Parcel Map No. NP2020-008,
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 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the Director
of Community Development in accordance with the provisions of NBMC Title 19
(Subdivisions) and Title 21 (Local Coastal Program Implementation Plan). Final action
taken by the City on the coastal development permit 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 24TH DAY OF SEPTEMBER, 2020.
Zoning Administrator Resolution No. ZA2020-062
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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. All proposed signs shall be in conformance with an approved Comprehensive Sign
Program for the project site and provisions of NBMC Chapter 20.42 (Signs).
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
approval.
5. Modifications to the approved plans may require an amendment to this Site
Development Review, Modification Permit, Coastal Development Permit and Tentative
Parcel Map or the processing of a new application.
6. 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.
7. Prior to the issuance of a building permit, the Applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the project
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 Minor Site Development Review/Modification Permit and shall highlight
the approved elements such that they are readily discernible from other elements of the
plans.
8. 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.
9. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for one
(1) new dwelling unit (currently $1,923 per new additional dwelling unit) and all
nonresidential uses on the ground floor in accordance with NBMC Chapter 15.38.
10. Prior to the recordation of the Final Parcel Map, a park dedication fee for one (1) new
dwelling unit (currently $26,125 per new additional dwelling unit) shall be paid in
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accordance with NBMC Chapter 19.52. This fee shall be paid upon submittal of the map
to the Public Works Department for plan check and deposited into the appropriate
Service Area account as identified in the Recreation and Open Space Element of the
General Plan.
11. Prior to issuance of final building permits, 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.
12. Prior to issuance of final building permits, the Applicant shall record a deed notification
with the County Recorder’s Office approved as to form by the Office of the City Attorney
consistent with Section 20.48.130.I (Deed Notification). The deed notification shall state
that the residential units are located in a mixed-use project or in a mixed-use zoning
district and that an owner may be subject to impacts, including inconvenience and
discomfort, from lawful activities occurring in the project or zoning district (e.g. noise,
lighting, odors, high pedestrian activity levels, etc.).
13. A minimum of eight (8) parking spaces shall be provided on-site (one [1] ADA
nonresidential space, six [6] residential spaces, and one [1] residential guest parking
space).
14. Commercial storefront façade shall be redesigned to incorporate additional architectural
treatment reflective of traditional parts consistent with the Balbo Village Design
Guidelines, to the satisfaction of the Community Development Director, including the
following : 1) a bulkhead (panel below storefront window) concealed with decorative
materials, such as stone veneer or ceramic tile; 2) replacement of residential glass
guardrails to allow for expanded horizontal wall to allow for enhanced signage and a
more dominate commercial storefront appearance; and 3) incorporation of awnings or
fixed canopy to provide enhances visual interest and/or shade opportunities.
15. Commercial suites shall not be occupied by assembly/meeting facilities, commercial
recreation and entertainment, cultural institutions, all marine service uses, schools, and
visitor accommodation uses, unless an adjustment to off-street parking is approved
consistent with the provisions of Title 20 and 21 of the Newport Beach Municipal Code.
16. Prior to the issuance of building permits, a topographic survey prepared by a licensed
surveyor shall be submitted and approved.
17. All mechanical equipment shall be screened in accordance with NBMC Section
20.30.020 (Buffering and Screening). Screening materials shall comply with the Zoning
Code height limit (26 feet for flat roof structures and 31 feet for pitched roof).
18. 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.
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19. 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 Newport Beach
Municipal Code.
20. 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.
21. This approval does not authorize any new or existing improvements (including
landscaping) within the public right-of-way.
22. 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:
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 (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
23. 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.
24. 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.
25. 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.
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26. 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 the current
property owner or agent.
27. 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 Advanced Champion LLC Mixed Use Condominiums including,
but not limited to, Minor Site Development Review No. SD2020-007, Modification Permit
No. MD2020-007, Coastal Development Permit No. CD2020-037 and Tentative Parcel
Map No. NP2020-008 (PA2020-073). 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
28. A NFPA 13 Fire Sprinkler System will be required throughout the building due to the
retail use within the building.
Building Division
29. 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.
30. 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.
Noise-generating construction activities are not allowed on Saturdays, Sundays or
Holidays.
31. 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.
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• 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.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six-inch surface layer, subject to review/discretion of the geotechnical
engineer.
32. 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.
33. 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.
34. Prior to the issuance of a grading permit, the final Water Quality Management Plan
(WQMP) shall be reviewed and approved by the Building Division. The WQMP shall
provide appropriate Best Management Practices (BMPs) to ensure that no violations of
water quality standards or waste discharge requirements occur.
35. 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
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identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs.
Public Works Department
36. 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 Sections 7-9-330 and 7-9-
337 of the Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply
with the City’s CADD Standards. Scanned images will not be accepted.
37. 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.
38. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
39. The existing driveway along East Balboa Boulevard shall be abandoned. New curb,
gutter and sidewalk shall be constructed. Sidewalk shall match the existing decorative
sidewalk to the satisfaction of the Public Works inspector.
40. Each residential and commercial unit shall be served by its individual water meter and
sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed
with a traffic-grade box and cover.
41. An encroachment permit is required for all work activities within the public right-of-way.
42. All improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L.
43. 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.