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HomeMy WebLinkAboutPA2022-011_20220110_DescriptionJanuary 10, 2022 Mr. Jaime Murillo Principal Planner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Proposed Mixed-Use Development Project at 106, 108, and 110 22nd Street in the City of Newport Beach Dear Mr. Murillo: On behalf of McFadden Place LLC, Brandon Architects is pleased to submit this application to consolidate and redevelop three lots (106, 108, and 110 22nd Street) for a new three-level, mixed-use building consisting of one commercial condominium including three suites representing the ground level (2,480 SF) and three individual residential condominium units (7,082 SF) on the upper levels. The proposed project would provide as public benefits the dedication of approximately a two-foot strip to provide for a full eleven-foot-wide alley including an alley exiting visual and sound annunciation system; and, provide a communal trash enclosure area for adjacent businesses to use. This application includes a request for a Coastal Development Permit, a Site Development Review, a Conditional Use Permit, a Vesting Tentative Parcel Map for condominium purposes, and an SB 478 request to increase the allowed residential floor area from 0.75 FAR (5,312 sq. ft.) to 0.90 FAR (7,082 sq. ft.) consistent with State law that allows a minimum of 1.0 FAR for housing projects that consist of between three to seven units. Project Site The project site is located at 106, 108, and 110 22nd Street on the Balboa Peninsula south of Newport Blvd., and north of West Oceanfront in the area known as McFadden Square. McFadden Square is a focal point of the community located immediately adjacent to the Newport Beach Pier. This area is known for its mix of uses including, commercial, retail and residential. The three properties are designated Mixed-Use Water Related (MU-W) in the Coastal Land Use Plan and Mixed-Use Water (MU-W2) in the Coastal Zoning District. The purpose of the Mixed-Use Water Zoning District is to provide for a mix of uses including general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Proposed Project The proposed project includes demolition of existing single story, dilapidated structures located on 106, 108, and 110 22nd Street, and the construction of a new three-story Type-IIIA structure. The Site <s BRANDON ARCHITECTS 151 Kalmus Drive, Suite G-1 I Costa Mesa, California 92626 I 714.754.4040 OFFICE brandonarchitects.com PA2022-011 Page 2 of 9 McFadden Square – 22nd Street Development Development Review and Coastal Development Permit will allow for the development of a new mixed-use building and allow a height increase to thirty-five feet for sloped roofs and thirty feet for flat roofs. The Parcel Map will allow for the three existing lots to be combined into a single lot for the creation of four condominium units (one commercial and three residential). At the street level, the new building will be comprised of commercial uses consisting of three retail suites, restrooms, storage, and electrical/mechanical facilities for a total of 2,480 sq. ft. On the upper floors, there will be three residential condominium units ranging in size from approximately 1,922 sq. ft. to 2,119 sq. ft. for a total of 7,082 sq. ft. of residential (including an interior lobby). Although this project includes residential condominium units, the applicant intends to keep these units within his family and is not looking to sell them at this time. Code required parking will be provided for the residential units in the form of six stall covered carports with one guest parking stall. For the commercial parking, the project will provide three stalls including a van accessible stall (stall #3) in the form of a covered carport. Based on the underlying zoning as a Mixed-Use Water district, we have calculated the required commercial parking based on waterfront retail, a factor of 1/250 sq. ft., which results in a total parking requirement of ten (9.92) stalls. We are seeking a Conditional Use Permit to allow the waiver of seven parking spaces. Based upon the project’s location in McFadden Square, we feel strongly that the walkability of the area and abundance of adjacent public parking will support our parking waiver request. The project also relies upon new California law, SB 478, which has been codified in California Government Code Section 65913.11. SB 478 requires a minimum floor area ratio standard no less than 1.0 for housing projects consisting of three to seven units. According to the bills’ authors, “SB 478 ensures that local and state housing laws are not undermined by hyper-restrictive zoning requirements that make it practically impossible to build multi-family buildings in areas zoned to allow them.” Required Findings This project complies with and/or exceeds all of the findings required for the City’s approval as shown in the italicized language below: Coastal Development Permit (NBMC Section 21.52.015(F)) The review authority may approve or conditionally approve a coastal development permit application, only after first finding that the proposed development: 1. Conforms to all applicable sections of the certified Local Coastal Program; This project conforms to all applicable sections of the City of Newport Beach’s certified Local Coastal Program. Specifically, this project complies with the underlying zoning designation of Mixed-Use Water (MU-W2); and will provide a new mix of general commercial and visitor-serving commercial uses on the street level with residential dwelling units on the upper floors. Additionally, this project furthers the revitalization efforts that have been underway in McFadden Square making the overall area more open and welcoming to visitors at the coast. 151 Kalmus Drive, Suite G-1 I Costa Mesa, California 92626 I 714.754.4040 OFFICE brandonarchitects.com PA2022-011 Page 3 of 9 McFadden Square – 22nd Street Development 2. 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. This project is not located between the nearest public road and the sea or shoreline. Site Development Review (NBMC Section 20.52.080(F)) The review authority may approve or conditionally approve a site development review application, only after first finding that the proposed development is: 1. Allowed within the subject zoning district; This project is allowed within the subject zoning district, Mixed-Use Water (MU-W2); and will provide a new mix of general commercial and visitor-serving commercial uses on the street level with residential dwelling units on the upper floors. 2. In compliance with all of the applicable criteria identified in subsection (C)(2)(c) of this section; and This project complies with all of the applicable criteria identified in NBMC Subsection 20.52.080(C)(2)(c): (i) this project complies with the General Plan, the Zoning Code, and other applicable criteria and policies related to the use and structure; (ii) the new proposed building has been designed using the highest standards to ensure a harmonious relationship with adjacent developments; (iii) the bulk, scale and aesthetic treatment of the proposed building is compatible with adjacent developments and public areas; (iv) the pedestrian and vehicle access is adequate and efficient and will result in the increased width of the alley to eleven feet; (v) this project does not propose new landscaping; however, the proposed building’s massing has been terraced and setback with significant open space to mitigate the impact of building height at the 22nd street front. 3. Not detrimental to the harmonious and orderly growth of the City, nor endangers, jeopardizes, or otherwise constitutes a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. This project is not detrimental to the harmonious and orderly growth of the City, nor does it endanger, jeopardize, or otherwise constitutes a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in McFadden Square. On the contrary, this project will: (i) bring into zoning compliance two of the three parcels being combined into the project site which are currently non-complying properties; (ii) provide additional setback from the alley to widen alley for public/service access; (iii) provide additional trash receptacles on-site at the McFadden Square lofts in support of 116 22nd Street and 2116 W. Ocean Way; (iv) provide three more legal onsite parking spaces in the new project than currently exists on the subject site; and (v) conform to the City’s vision for re-development of the specific neighborhood plan in providing a new mixed-use development project. 151 Kalmus Drive, Suite G-1 I Costa Mesa, California 92626 I 714.754.4040 OFFICE brandonarchitects.com PA2022-011 Page 4 of 9 McFadden Square – 22nd Street Development Site Development Review Height Increase Findings (NBMC Section 20.30.060(C)(3)) The review authority may…approve a…site development review to allow an increase in the height of a structure above the base height only after first making all of the following findings in addition to the findings required for the discretionary permit application: a. The project applicant is providing additional project amenities beyond those that are otherwise required. Examples of project amenities include, but are not limited to: i. Additional landscaped open space; ii. Increased setback and open areas; iii. Enhancement and protection of public views; and This project provides amenities beyond those that are otherwise required. Specifically, this project will: (i) provide an additional two-foot setback from the alley to widen alley to eleven feet for public/emergency service access; (ii) a visual and sound exiting system from the expanded alley; and (iii) this project will provide additional trash receptacles on-site at the McFadden Square lofts in support of 116 22nd Street and 2116 W. Ocean Way. b. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes; The proposed architectural style and finish materials are in harmony with the ‘eclectic beach cottage’ style of architecture that exists on 22nd street today. The applicant intends to greatly improve 22nd Street so that it can be a positive addition to McFadden Square while maintaining its own, unique character. Each level of the project steps back further from the 22nd Street frontage, including the roof providing an open, spatial feeling from the street view. Extensive use of glass on the second and third floors adds to an open feeling. c. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provides a gradual transition to taller or shorter structures on abutting properties; and The increase height will not result in undesirable or abrupt scale changes or relationships being created between the proposed building and existing adjacent developments or public spaces. In fact, the building’s massing has been terraced and setback with significant open space to mitigate the impact of the building height at the 22nd Street front. d. The structure will have no more floor area than could have been achieved without the approval of the height increase. The proposed height increase will have no impact upon the building’s floor area. The project relies upon new California law, SB 478, which has been codified in California Government Code Section 65913.11. 151 Kalmus Drive, Suite G-1 I Costa Mesa, California 92626 I 714.754.4040 OFFICE brandonarchitects.com PA2022-011 Page 5 of 9 McFadden Square – 22nd Street Development SB 478 requires a minimum floor area ratio standard no less than 1.0 for housing projects consisting of three to seven units. Conditional Use Permit (NBMC Section 20.52.020(F) The review authority may approve or conditionally approve a conditional use permit or minor use permit only after first finding all of the following: 1. The use is consistent with the General Plan and any applicable specific plan; There is no specific plan for this area; however, the proposed use is consistent with the General Plan’s designation of Mixed-Use Water Related (MU-W). This project proposes a mix of uses including general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; This project is allowed within the subject zoning district, Mixed-Use Water (MU-W2) and complies with all other applicable provisions of the City’s Zoning Code and Municipal Code. This project will provide a new mix of general commercial and visitor-serving commercial uses on the street level with residential dwelling units on the upper floors. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; The proposed architectural style and finish materials are in harmony with the ‘eclectic beach cottage’ style of architecture that exists on 22nd Street today. The proposed development conforms to the City’s vision for re-development of the neighborhood by providing mixed-use development. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and This project will actually improve the provision of public and emergency vehicle access and public services by widening the existing alley from nine feet to eleven feet. In all other respects, this site is physically suitable in terms of design, location, shape, size, and operating characteristics for the proposed mixed-use development. 5. Operation of the use at the location proposed would 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 of the proposed use. This project is not detrimental to the harmonious and orderly growth of the City, nor does it endanger, jeopardize, or otherwise constitutes a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in McFadden Square. On the contrary, this project will: (i) bring into zoning compliance two of the three parcels being combined into the project site which are currently 151 Kalmus Drive, Suite G-1 I Costa Mesa, California 92626 I 714.754.4040 OFFICE brandonarchitects.com PA2022-011 Page 6 of 9 McFadden Square – 22nd Street Development non-complying properties; (ii) provide additional setback from the alley to widen alley for public/service access; (iii) provide additional trash receptacles on-site at the McFadden Square lofts in support of 116 22nd Street and 2116 W. Ocean Way; (iv) provide three more legal onsite parking spaces in the new project than currently exists on the subject site; and (v) conform to the City’s vision for re-development of the specific neighborhood plan in providing a new mixed-use development project. Conditional Use Permit Parking Waiver (NBMC Section 20.40.110(B)) Off-street parking requirements may be reduced with the approval of a conditional use permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) as follows: 1. Reduced Parking Demand. Required off-street parking may be reduced with the approval of a conditional use permit in compliance with the following conditions: a. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk-in trade, mixed-use development); and This project is located adjacent to a sizeable City parking lot and is located within a heavily used pedestrian area. Most folks in this area walk, use their bicycles or rely upon shared car services (e.g., Uber, Lyft, etc.) to get around. Based upon the project’s location in McFadden Square, and the abundance of adjacent public parking there is strong support for a parking waiver. Numerous parking studies have been done in the area of McFadden Square. The applicant has paid for previous McFadden Square studies related to the occupancy of The Stag Bar & Kitchen and Dory Deli. Both reports establish the current area activity generates fewer parking spaces than are required by City code to be parked on site, and/or adequate area parking is available to meet City code within a reasonable distance of the subject property. Another report is not needed at this time to reach the same conclusion reached by the prior reports. b. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). The applicant has provided copies of The Stag Bar & Kitchen and Dory Deli parking studies that were completed for his two properties located in the same block of McFadden Square as the subject property. Vesting Tentative Parcel Map (NBMC Section 19.12.070) In approving a…tentative parcel map, the decision-making body shall make all of the following findings: 1. 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; The proposed map and design of the proposed building is consistent with the General Plan’s designation of Mixed-Use Water Related (MU-W). This project proposes a mix of uses including general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. The map and improvements also comply with all applicable provisions of the Subdivision Map Act and the City’s Subdivision Code. 151 Kalmus Drive, Suite G-1 I Costa Mesa, California 92626 I 714.754.4040 OFFICE brandonarchitects.com PA2022-011 Page 7 of 9 McFadden Square – 22nd Street Development 2. That the site is physically suitable for the type and density of development; The site is physically suitable for the type and density proposed by the project. This project will provide a new mix of general commercial and visitor-serving commercial uses on the street level with residential dwelling units on the upper floors within the Mixed-Use Water (MU-W2) zoning district. 3. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision-making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report; The proposed project will improve, beautify, and redevelop existing developed lots, and will not cause substantial damage to fish, wildlife, or their habitat (because none of these are present at the project site). 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems; The project’s design will not cause serious public health problems, nor does it endanger, jeopardize, or otherwise constitutes a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in McFadden Square. On the contrary, this project will: (i) bring into zoning compliance two of the three parcels being combined into the project site which are currently non-complying properties;(ii) provide additional setback from the alley to widen alley for public/service access; (iii) provide additional trash receptacles on-site at the McFadden Square lofts in support of 116 22nd Street and 2116 W. Ocean Way; (iv) provide three more legal onsite parking spaces in the new project than currently exists on the subject site; and (v) conform to the City’s vision for re-development of the specific neighborhood plan in providing a new mixed-use development project. 5. 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; This project will not conflict with any public easements. 6. 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; 151 Kalmus Drive, Suite G-1 I Costa Mesa, California 92626 I 714.754.4040 OFFICE brandonarchitects.com PA2022-011 Page 8 of 9 McFadden Square – 22nd Street Development This project site is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965. 7. 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; This project is not a “land project” as defined in Section 11000.5 of the California Business and Professions Code. 8. 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; This project will comply with all applicable design requirements. 9. 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; This project will create three new residential units. 10. 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; and This project will comply with all applicable waste discharge rules and regulations. 11. 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. This project includes a Coastal Development Permit and conforms to all applicable sections of the City of Newport Beach’s certified Local Coastal Program. Specifically, this project complies with the underlying zoning designation of Mixed-Use Water (MU-W2); and will provide a new mix of general commercial and visitor-serving commercial uses on the street level with residential dwelling units on the upper floors. Additionally, this project furthers the revitalization efforts that have been underway in McFadden Square making the overall area more open and welcoming to visitors at the coast. //// //// //// 151 Kalmus Drive, Suite G-1 I Costa Mesa, California 92626 I 714.754.4040 OFFICE brandonarchitects.com PA2022-011 Page 9 of 9 McFadden Square – 22nd Street Development We appreciate your review and consideration of the proposed mixed-use development project at 106, 108, and 110 22nd Street, and we look forward to working with City staff on this project. Please do not hesitate to contact us with any questions regarding this application. Thank you, Ryan McDaniel, AIA, LEED AP BD+C Project Architect, Brandon Architects 7-- 151 Kalmus Drive, Suite G-1 I Costa Mesa, California 92626 I 714.754.4040 OFFICE brandonarchitects.com PA2022-011