Loading...
HomeMy WebLinkAboutPA2021-260_20220207_Updated NBCC CDP FindingsUPDATED CDP REQUIRED FINDINGS In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code, 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. Facts in Support of Finding: 1.The Coastal Land Use Plan designates the Tennis Club site as Mixed-Use Horizontal/Parks and Recreation (MU-H/PR). Policy 2.1.8-1 of the Coastal Land Use Plan allows the horizontal intermixing of short-term rental bungalows and condominiums with the expanded tennis club facilities on this site (formerly known/referenced as the Balboa Bay Tennis Club). Permitted uses include those permitted by the MU-H and PR land use designations. A complete consistency analysis of each of the applicable Coastal Land Use Plan policies is included in Table 11 of the Land Use and Planning Section of the previously adopted Mitigated Negative Declaration (MND), pages 82 through 87. In summary, the proposed project is consistent with the Coastal Land Use Plan. 2.The MU-H/PR coastal land use designation identifies a maximum density/intensity limit of 1.5 floor area ratio (FAR), with a minimum FAR of 0.25 and a maximum FAR of 0.5 for retail uses and a maximum of 1.0 for residential. The project proposes 47,190 square feet of nonresidential floor area (0.32 FAR) for the bungalow hotel units, concierge & guest center, and spa, and five residential dwelling units totaling 20,653 square feet (0.14 FAR). The proposed density/intensity of the hotel and single-family units comply with the FAR limitations identified in the Coastal Land Use Plan. 3.The PR category applies to land used or proposed for active public or private recreational use. Permitted uses include parks, both active and passive, golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. The PR designation on this site is applicable to the existing and proposed private tennis club and tennis courts. The density/intensity limitations include incidental buildings, such as maintenance equipment sheds, supply storage, and restrooms, not included in determining intensity limits. The proposed tennis club and ancillary uses are consistent with this land use designation. 4.The property is part of the 145-acre PC-47 (Newport Beach Country Club Planned Community) Coastal zoning district, which has been adopted to regulate development within the subject property and the Golf Club Site, and is in conformance with the Coastal Land Use Plan designation pursuant to Section 21.26.055 (S)(2) of the Local Coastal Program. 5.The proposed project and minor accessory structures as identified on the project plans conform to all applicable development standards in the Planned Community text. 6.The property is not located in an area known for the potential of seismic activity or 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 a building permit. 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.Elevations on the project site range from 104 feet up to 120 feet North American Vertical Datum of 1988 (NAVDBB) above mean sea level. These site elevations are well above projected sea level rise in Newport Bay for the next 75 years and the site is not subjected to other coastal hazards. 8.The proposed project is required to develop and implement a Stormwater Pollution Prevention Plan (SWPPP) since the proposed project involves clearing, grading, and ground disturbance of more than one acre. Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the Municipal Code, when a SWPPP is required, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived from construction chemicals and materials. A CPPP has been prepared and will be reviewed by the City's Engineer Geologist prior to issuance of grading/building permits for site grading. Construction plans and activities will be required to adhere to the approved CPPP/SWPPP. 9.A Water Quality and Hydrology Plan (WQHP) is required Pursuant to Section 21.35.050 (Water Quality and Hydrology Plan) of the Newport Beach Municipal Code since the project is considered a development of water quality concern and includes the development of five dwelling units, more than 10,000 square feet of impervious surface area, and a parking area in excess of 5,000 square feet. The WQHP/WQMP will be reviewed and approved by the City's Engineer Geologist prior to the issuance of building permits for site grading. The WQHP/WQMP includes a polluted runoff and hydrologic site characterization, a description of site design BMP's, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance with the approved WQHP/ WQMP prior to building permit issuance. 10.An Analysis of the Fiscal and Economic Impacts was prepared on November 8, 2018, by CBRE Hotels to analyze the construction of new visitor accommodations in the coastal zone in accordance with the requirements of Section 21.48.025 (Visitor Accommodations) of the Local Coastal Program. The report provides a feasibility analysis stating that the anticipated average daily room rate for all 41 rooms is approximately $900 and the statewide average daily room rate is $161.80. Therefore, the proposed accommodations are not considered lower cost accommodations. The report considers the specific location of the property as an inappropriate location for low cost accommodations. The site does not currently provide accommodations of any kind and implementation of the project would not impact low cost accommodations. The report further includes an impact analysis and concludes while the project does not include any lower cost rooms, and the Local Coastal Program defines it as an impact, there is no impact on the provision of lower-cost visitor accommodations in the Coastal Zone. Because there is no nexus to an impact, no mitigation is required. 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. Fact in Support of Finding: 1.The project site is not located between the nearest public road and the sea or shoreline. The project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. Vertical access to Newport Bay is available via existing public access at 1601 Bayside Drive, which is located approximately 1,600 feet southwest of the subject property. 2.Coastal Land Use Plan, Policy 4.4.1-6 and Figure 4-3 (Coastal Views), of the submitted Coastal Development Permit, identify the closest public view road as Newport Center Drive, located approximately 170 feet east of the project site and the closest public view point as Irvine Terrace Park, located 525 feet south of the project site. Coastal views from these view corridors and viewpoints are directed toward the Newport Bay and the Pacific Ocean. Since the proposed project is located to the north of Irvine Terrace Park, the proposed project will not affect coastal views due to its orientation. From Newport Center Drive, there is a 0 to 40- foot grade difference to the project area below. The maximum height allowed under the Planned Community Development Plan is 39 feet for the Villa Condominiums and 30 feet for the Tennis Club, and 50 feet for the 41 Bungalows and Lofts. Therefore, the majority of the project would sit below the existing grade elevations along Newport Center Drive, minimizing the visibility of the project site and would not obstruct public coastal views. During construction, construction equipment would be obscured by vegetation and the grade differential so it would not obstruct coastal views from motorists traveling along Newport Center Drive. The project will not impact coastal views.