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HomeMy WebLinkAbout4.0_22nd_Street_Lofts_PA2022-011CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 9, 2022 Agenda Item No. 4 SUBJECT: 22nd Street Lofts (PA2022-011) ▪Site Development Review No. SD2022-001 ▪Conditional Use Permit No. UP2022-001 ▪Coastal Development Permit No. CD2022-005 ▪Tentative Parcel Map No. NP2022-001 ▪County Tentative Parcel Map No. 2022-102 SITE LOCATION: 106, 108, and 110 22nd Street APPLICANT: McFadden Place, LLC OWNER: McFadden Place, LLC PLANNER: Liz Westmoreland, Associate Planner 949-644-3234 or lwestmoreland@newportbeachca.gov PROJECT SUMMARY The applicant proposes to construct a new three-story mixed-use building consisting of three commercial suites (2,647 sf total) on the ground floor and three residential condominium units (7,073 sf total) on the second and third levels. The following applications and requests are required to implement the project as proposed: •A site development review is requested to allow the mixed-use project and increase the allowed height from the base height limit of 31 feet for sloping roofs to a height limit of 35 feet within the shoreline height limitation area. •A conditional use permit is requested to waive 7 of the 10 required parking spaces for the commercial use. The design complies with residential parking standards by providing 2 covered spaces per unit and 1 guest space. •A coastal development permit is required to allow the development of a mixed-use structure within the coastal zone. •A tentative parcel map is requested to merge three underlying legal lots and to allow for each residential unit and the commercial component to be sold separately as condominiums. 1 INTENTIONALLY BLANK PAGE2 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 2 RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2022-015 approving Site Development Review No. SD2022-001, Conditional Use Permit UP2022-001, Coastal Development Permit No. CD2022-005, and Tentative Parcel Map No. NP2022-001 (Attachment No. PC 1). 3 INTENTIONALLY BLANK PAGE4 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 3 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Mixed-Use Water 2 (MU-W2) Mixed-Use Vertical (MU-W2) Existing non-conforming residence, garage, and a mixed-use structure NORTH MU-W2 MU-W2 Existing retail/restaurant building and private parking lot SOUTH MU-W2 MU-W2 Mixed-use building with Stag, Blue Beet, and Il Farro restaurants EAST MU-W2 MU-W2 Existing non-conforming residential and Banzai Bowls/Taco Bell Cantina mixed-use buildings WEST MU-W2 MU-W2 Mixed-use building with Blackie’s and the Beach Ball bar, and retail uses Subject Property 5 INTENTIONALLY BLANK PAGE6 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 4 INTRODUCTION Project Setting The project site consists of three existing legal lots in the McFadden Square area of the peninsula. The project site is bound by 22nd Street, and two narrow public alleys on the west and south sides of the property. The eastern side property line is adjacent to an existing non-conforming residential structure. The overall block primarily includes mixed- use development with commercial on the ground floor and residential apartments above. The project is located adjacent to the Blackie’s building at 2122 West Ocean Front, which separates the subject property from the Newport Pier municipal parking lot and the beach. To the rear of the property behind the alley is a mixed-use building which includes restaurants such as Stag, the Blue Beet, and Il Farro. The existing lot at 110 22nd Street contains a single-story legal nonconforming residential use with a detached storage building. The existing two-story structure at 108 and 106 22nd Street includes a commercial use on the ground floor with a residential apartment above. Project Description The Project consists of the demoltion of the three existing structures, consolidating the underlying lots, and construction of a new three-story, 9,562-square-foot, mixed-use building as described in more detail below: Residential Component The residential component of the project includes three condominium units totaling 7,082 square feet. Two of the dwelling units are located on the second floor, divided by the central open space area. “Residential Unit A” consists of 1,989 square feet and includes 3 bedrooms and 4 bathrooms. "Residential Unit B” includes 1,913 square feet with 3 bedrooms and 4 bathrooms. Both second story units include large decks at the front of the building and smaller balconies at the rear corners of the building to provide for usable, private outdoor space. The third and largest dwelling unit (“Residential Unit C") is approximately 2,807 square feet and is located on the third floor. Residential Unit C contains 3 bedrooms and 4 bathrooms, and includes a central open space area and extensive deck along the front that also wraps around the corners of the buiding. The project includes both a stairway and residential elevator that would directly connect to the third floor unit and would allow outdoor drop off on the second level within the common open space area between the two dwelling units. Additionally, the design includes outdoor roof well areas to house condenser units and other residential 7 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 5 mechanical equipment that would be screened from view of public right-of-ways and sidewalks. Commercial Component The proposed commercial component of the project is split into three suites under one ownership. All three commercial suites have large glass storefronts on 22nd Street to create a connection to the neighbhood’s primarily pedestrian environment. Each suite is adequately sized (663-square-foot average size) to allow for a variety of visitor serving uses such as take out restaurants (i.e. coffee or smoothie shops), convenience retail, or bike rental. Suite 1 is separated from Suites 2 and 3 by an internal breezeway that leads to the communal commercial amenities such as the bike racks, bathrooms, and utility areas. The breezeway also serves as an access corridor to reach the commercial parking spaces and the mechanical equipment, electrical area, and trash enclosure that is located at the rear of the site. Architecture The project frontage and architectural focal point is along 22nd street. The project employs elements of contemporary design and includes a combination of building materials, such as stucco, metal, stone, horizontal wood paneling, and expansive use of glass (Attachment No. PC - 3 Project Renderings). The design includes extensive areas of private open space, with the upper levels of the building gradually stepped back from the street. Height The proposed project would reach approximately 35 feet maximum from established grade. The proposed flat elements including guardrails and flat roofs would reach a height of 26 feet, with the sloping elements of the roof reaching 35 feet. The proposed residential elevator would exceed the 35 foot ridgeline by approximately 6 inches and would include a sloping roof. The tallest element, the elevator shaft is located at the rear of the property and away from the 22nd Street frontage. Parking The proposed off-street parking spaces are accessible via 22nd Street to the alley along the side and rear of the property. No curb cuts or reductions in on-street parking are required to implement the project. The three commercial spaces, including one disabled access space, are accessed from the side alley and the seven residential parking spaces are accessed via the rear alley. The commercial and residential parking areas are separated by the trash enclosure and are all covered. The commercial parking area includes an operable security gate that is required to remain open at all times during regular business hours. A sign will be installed stating this 8 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 6 requirement, and the sign would also prohibit the use of the ocmmercial parking spaces for residential purposes. Trash Enclosure and Alley Dedication (Public Amenities) As detailed in the Site Development Review analysis portion of this report, the project would include two voluntary public amenities as part of the project design in support of the required findings for the requested height increase. First, the project includes a voluntary dedication of a 2-foot easement to the City of Newport Beach for alley purposes. The 2-foot easement would increase the substandard alley from 9 feet to 11 feet in width, or an approximately 20 percent increase. This public benefit would improve visibility and maneuverability of the narrow alley and facilitate adequate access to the proposed parking spaces. The easement and wider alley will also improve public access through the alley. The applicant has also proposed a communal trash enclosure that exceeds the NBMC requirements for commercial uses. The existing businesses in immediate vicinity do not have trash enclosures and the proposed project would provide a public amenity to the surrounding businesses. Additional detail is provided under “Project Amenities”, below. The alley dedication and communal (i.e. oversized) trash enclosure are not required by the General Plan, Local Coastal Plan, or the NBMC and are being provided on a voluntary basis by the applicant as an amenity to the City and the public. Background Senate Bill SB 478 On September 28, 2021, Governor Gavin Newsom signed and approved Senate Bill No. 478 (SB 478) into law (Attachment No. PC 2). SB 478 among other things, prohibits local governments from imposing a floor area ratio (FAR) of less than 1.0 for housing development projects of three to seven units and a FAR of less than 1.25 for projects of eight to 10 units. To be eligible for the minimum FAR standard, a housing development project must be located in a multi-family residential zoning district or a mixed-use zoning district. The intent of the bill is to ensure that properties zoned for multi-family housing are afforded FAR standards high enough to accommodate increased densities. As described by the bill’s author(s), “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…. SB 478 will be an effective tool to combat our housing shortage by ensuring there is truth in zoning, by allowing the development of 3–10-unit buildings in places already approved for them”. The project takes advantage of SB 478 by incorporating an increased FAR for the residential component of the project to 1.0 (7,082.9 SF), where the default NBMC development standards for the property would limit the residential FAR to 0.75 (5,312 SF). SB 478 9 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 7 applies to charter cities such as the City of Newport Beach and includes projects that are located within the coastal zone that are subject to the Coastal Act. The City will need to amend any mixed-use development standards in the future that do not provide a minimum 1.0 FAR to comply with SB 478. DISCUSSION General Plan The General Plan land use designation for this site is Mixed-Use Water 2 (MU-W2). The MU-W2 designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. The anticipated retail, personal service, and small-scale take- out service limited uses are allowed uses. Such uses can be expected to be found in the McFadden Square area and are complementary to the surrounding commercial and residential uses. As shown in Table 1, the Project complies with the maximum floor area ratio allowed for the site (i.e. 7,073 SF under SB 478), but would exceed the allowed floor area of the General Plan (0.75 FAR). As previously detailed under SB 478 above, SB 478 prohibits local governments from imposing a floor area ratio (FAR) of less than 1.0 for housing development projects of three to seven units. Thus, the project would not result in an increase in the floor area ratio beyond allowed limits pursuant to SB 478; therefore, it is consistent with the Land Use Element development limitations. The Project anticipates uses in the commercial suite that are consistent with General Plan Land Use Policy LU6.8.2 (Component Districts), which emphasizes that McFadden Square should be utilized as one of the primary activity centers within the City. The anticipated uses will allow residents and visitors to enjoy the establishment as a visitor- and local-serving convenience that is ancillary to their primary recreational or dining experience. 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. Zoning Code The project site is located within the Mixed-Use Water (MU-W2) District, which applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. 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. The project will replace two legal, nonconforming residential units and commercial structures with a mixed-use development consistent with the property’s MU-W2 zoning and land use designation and will also provide an additional housing unit within McFadden Square. 10 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 8 Development Standards The project complies with all development standards and the only deviations requested relate to parking and height, both of which have specific mechanisms for approval within the NBMC. The NBMC allows for a reduction in allowed parking through the approval of a conditional use permit and an increase in height above the base height limit through the approval of a site development review (with approval of additional findings). Table 1 – Development Standards Development Standard Standard Proposed Setbacks (min.) Front 0 feet 0 feet (first floor) Sides 0 feet 0-2 feet Rear 10 feet 10 feet Allowable Density 3 units minimum 4 units maximum (Required density range: 1,631 sf to 2,167 sf of lot area per unit) 3 units Floor Area Residential 5,312 sf max. (0.75 FAR) (NBMC) 7,082.9 sf max. (1.0 FAR) utilizing SB478 Commercial 2,479 sf min. to 3,541.45 sf max. (0.35 -0.5 FAR) Residential 7,073 sf Commercial 2,646 sf Common Open Space (min.) 225 sf (75 sf per dwelling unit) 295 sf Private Open Space (min.) 354 sf (total) (5% of the gross floor area for each dwelling unit) 1,556 sf (total) Parking (min.) Residential 2 spaces per unit 1 guest space (7 spaces required) Commercial 1 space per 250 sf floor area 2,459 sf = 10 parking spaces Residential 2 spaces per unit 1 guest space (7 spaces provided) Commercial1 3 spaces provided Height (max.) Base Height Limit 26-foot flat roof 31-foot sloped roof 26-foot flat roof 35-foot sloped roof 11 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 9 Increased Height (Shoreline Height Limitation)2 35-foot flat roof 40-foot sloped roof 1. Project includes request for 7 parking space waiver with approval of a conditional use permit. 2. Project includes a request to increase height above the base height limit with approval of a site development review with additional findings. Mixed-Use Project Standards The proposed project complies with the Mixed-Use Project standards identified in Section 20.48.130 (Mixed-Use Projects). For example, the ground floor is entirely commercial (minus areas for residential access and parking) and the commercial suites have a minimum depth of 25 feet. The project includes sufficient private and common open space for the residential uses that are separated from the commercial component of the project. Lastly, the commercial parking spaces are accessed via the side alley and the residential parking spaces are accessed via the rear alley and physically separated from each other. A condition of approval has been included requiring the applicant to record a document against the property that provides notice to the owner and future owners that the residential unit is located in a mixed-use project and 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.). The required deed restriction will reduce issues or conflicts related to the intermixing of uses in mixed-use development. Site Development Review (Mixed-Use Project and Increased Height) In accordance with NBMC section 20.52.080, mixed-use projects are subject to Site Development Review. In accordance with Section 20.52.080(F), the Planning Commission may approve or conditionally approve a site development review application, only after first finding that the proposed development is: A. Allowed within the subject zoning district; B. In compliance with all of the applicable criteria identified in 20.52.080(C)(2)(c) below: 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; 12 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 10 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). C. 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. The applicant is also requesting a maximum building height of 35 feet for sloped roof elements of the structure. Through a site development review, the review authority may increase maximum building heights from the base height limit of 26 feet for flat roofs and 31 feet for sloped roofs to 35 feet for flat roofs and 40 feet for sloped roofs subject to making the following additional findings in accordance with NBMC Section 20.52.080(F) (Site Development Reviews - Findings and Decision): D. 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; E. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes. F. 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 G. The structure will have no more floor area than could have been achieved without the approval of the height increase. Staff believes facts to support the findings exist to approve the Site Development Review which are discussed in detail in the attached draft resolution of approval (Attachment No. PC 1). The key facts in support of findings are summarized in the following paragraphs. Design and Architecture The proposed mixed-use redevelopment will enhance the McFadden Square area by providing a new, refreshed façade that maintains the pedestrian scale with storefront window treatments on the ground floor with see-through glass elements and deep setbacks at the higher floors. The Project employs elements of high-quality contemporary 13 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 11 design, while being consistent with the scale of development and eclectic, varied design pattern of McFadden Square. The design includes a combination of building materials, including stucco, metal, stone, horizontal wood paneling, and expansive use of glass (Attachment No. PC 3 - Project Renderings). To maintain a dominate commercial storefront and to mitigate the impact of the building height at the 22nd Street frontage, the proposed building massing has been terraced and stepped back at the upper levels offering substantial open space beyond the minimum required and open decks with open style guardrails along the front of the building. The terraced step back approach is continued in the roofline of the structure along 22nd Street. The third-floor balconies are stepped back 4 feet 11 inches from the front property line. The roof above the third-floor balconies is stepped back 9 feet 8 inches from the property line to further reduce the appearance of bulk from the streetscape. Therefore, the building steps back gradually increase from the first floor to the second floor, to the third-floor balconies (and living area), and finally to the roofline above. Scale and Compatibility The surrounding mixed-use and commercial structures are similar in height and scale to the proposed project. The Blackie’s/McFadden Place building at 2117 West Balboa Boulevard maintains a flat roof that measures approximately 29 feet at the front edge and steps up to a height of 33 feet. The Stag building at 121 Mc Fadden Place also maintains a flat roof measuring approximately 31 feet in height. There is an existing single-story structure directly adjacent to the property at 112 22nd Street, which is a non-conforming residential use that is generally out of scale with the surrounding mixed-use development in McFadden Square. On the other side of the nonconforming residential structure are two taller structures including the Taco Bell Cantina building, which is approximately 23 feet high, in keeping with the scale of the proposed development. The Taco Bell Cantina building and adjacent Banzai Bowls building (of similar height) provide for a gradual increase in scale from the street up to the proposed structure and the adjacent Blackie’s building. The applicant prepared an exhibit to illustrate the relative scale of the project and highlight the highest areas of the roofline of the project (Attachment No. PC 4). All flat roof elements of the project would comply with the base height limit of 26 feet and no additional height is requested for flat elements including guardrails. The highest ridge peak of 35 feet occurs approximately 23 feet back from the front building line, minimizing the visual height of the building as viewed from 22nd Street. Because the project is located in the coastal zone, additional findings must be made prior to approval of the increased height. The aforementioned findings as well as a discussion of public views are provided in the Coastal Development Permit section of this report. Access, Parking, and Hazards 14 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 12 No on-street parking would be lost as a result of the project because the project parking is accessed via adjacent alleys. Pedestrian and vehicular access along 22nd Street and two adjacent alleys have been reviewed by the Public Works Department for adequacy, efficiency, and safety. The proposed dedication of a 2-foot alley easement would increase the substandard alley from 9 feet to 11 feet in width improving public access. Since the existing structure does not provide a side setback from the alley, the proposed 2-foot setback would significantly improve visibility and maneuverability at the intersection of the alley and 22nd Street. Landscaping and Open Space Consistent with other developments in the area that provide no front setbacks, the project does not include significant areas of landscaping; however, the proposed building includes substantial open space areas such as outdoor decks. Specifically, the project design includes 1,556 square feet of private open space, where approximately 354 square feet (in aggregate) is required. Therefore, the project provides approximately four times the required private open space identified in the NBMC. Project Amenities The project provides two amenities beyond what is required by the NBMC that would benefit the public. First, the project design includes a 149-square-foot trash and recycling enclosure, where the NBMC only requires a 32-square-foot trash and recycling enclosure for commercial uses less than 5,000 square feet. The applicant is offering to make this surplus area available to the surrounding businesses that lack adequate trash and recycling facilities as an additional public benefit. Under existing conditions, there are no trash enclosures in the vicinity of the project site to serve commercial uses including restaurants. Generally, dumpsters are stored in parking areas, or are nonexistent, requiring bins to be stored inside of nearby buildings or in narrow alleys. The NBMC requires that all commercial trash be stored within enclosures with four walls that are covered by a solid roof, which helps control odors and protect water quality. The provision of additional enclosures to serve the block will help reduce odors in the vicinity and protect water quality. As previously stated, the project would also include a voluntary easement to the benefit of the City to increase the alley width from 9 feet to 11 feet. The alley easement would ensure that the alley is maintained as an 11-foot alley on a permanent basis as it will be paved and free of any above grade obstructions. Prior to issuance of permits, the applicant is required to submit an Irrevocable Offer of Dedication and will enter into an Agreement with the City outlining conditions and responsibilities for construction, maintenance, etc. within the easement. Additionally, the project is designed and conditioned to include a clear window element at the corner of the building near the 22nd Street / alley intersection. In comparison, the existing structure includes a solid building face in this area reducing visibility for cyclists, 15 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 13 pedestrians, and motorists traveling between the alley and 22nd Street. The proposed window would enhance visibility of this intersection as compared to existing conditions. Lastly, as conditioned and required by the NBMC, the applicant will underground the existing overhead utilities and reconstruct the existing broken or otherwise damaged concrete curb, gutter, and sidewalk along the 22nd Street frontage and all damaged alley panels. Floor Area Although the proposed project takes advantage of SB 478 for additional floor area (1.0 FAR in lieu of 0.75 allowed by the NBMC), the additional floor area does not facilitate the need for additional height in this case. The structure includes 3-stories which is standard for the zoning district and mixed-use developments in general within the City. The additional height allows for increased ceiling heights for the commercial and residential components and not out of character for development in the City. Adequate ceiling heights are important to create more functional and viable commercial suites. Conditional Use Permit (Parking Waiver) The design complies with residential parking standards by providing two covered spaces per unit and one guest space for a total of seven residential parking spaces. Therefore, the residential component provides adequate parking to serve the residential uses. However, using the standard retail parking rate of one space per 250 square feet of gross floor area, the commercial portion of the development requires 10 parking spaces. The project provides three commercial parking spaces on-site and requests a waiver of the remaining seven commercial parking spaces. In accordance with NBMC Sections 20.40.110 (Adjustments to Off-Street Parking Requirements), off-street parking requirements may be reduced with the approval of a conditional use permit if the following findings can be made: H. 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 I. A parking management plan shall be prepared in compliance with subsection (c) of this section (Parking Management Plan). Under existing conditions, the two residential dwelling units and approximately 2,191 square feet of nonresidential floor area are deficient a total of parking eight spaces (5 uncovered parking spaces are provided where a total of 13 parking spaces are required). The requested parking waiver of seven spaces reduces the existing deficiency on-site by one parking space. 16 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 14 The proposed design incorporates the maximum number of commercial parking spaces feasible taking into account the spatial constraints of the lot such as the minimum commercial floor area and the parking associated with the minimum residential density of the MU-W2 zoning district. The parking deficiency is mitigated by the project’s location within the McFadden Square area of the City, which is relatively dense with multiple uses within a short distance of each other. McFadden Square is conducive to a significant number of walk-in patrons and only 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, McFadden Square is served by public transportation consisting of regular bus service and additional trolley service during peak summer months that provides a parking alternative. According to the McFadden Lofts Retail Shared Parking Memorandum (Attachment No. PC 5) prepared for the project by RK Engineering Group, Inc. (dated May 12, 2022), the anticipated visitor-serving uses would be ancillary to the beach destination and typically do not yield a separate or additional parking demand. Visitors will already be parked in the surrounding area for local destination uses and not park specifically for the proposed retail businesses. For example, visitors will primarily park for destination uses and local attractions such as the beach, restaurants, bars, entertainment, etc. These points of interest generate the majority of the parking demand in the area. Once parked they may visit multiple non-destination retail uses by foot. Therefore, the requested parking waiver is appropriate given the location and operating characteristics of the development. To encourage alternative modes of transportation, the project design also includes four bike racks that are conveniently and securely located within the center of the site behind Suite 2. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits), any new development in the coastal zone requires the approval of a coastal development permit. Thus, the Planning Commission must make the following findings in order to approve a coastal development permit. J. Conforms to all applicable sections of the certified Local Coastal Program; K. 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. 17 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 15 The following additional findings are required in accordance with Section 21.30.060 (C) (Height Limits and Exceptions) to allow an increase in the height of a structure above the base height limit within the coastal zone: L. The project is sited and designed to protect public views to and along the ocean and scenic coastal areas; and M. The project is sited and designed to minimize visual impacts and be visually compatible with the character of surrounding areas; and N. Where feasible, the project will restore and enhance visual quality in visually degraded areas. Staff believes facts to support the findings in the draft resolution are sufficient to demonstrate that the project would not impact any coastal resources, including access or views. The key facts in support of findings are summarized in the following paragraphs. Land Use The MU-W2 coastal zoning district applies to waterfront properties in which marine- related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The proposed mixed-use project would comply with the Mixed-Use Water (MU-W2) Coastal Zoning District and MU-W (Mixed-Use Water Related) coastal land use designation by providing commercial uses on the ground floor and three residential dwelling units on the upper levels. Further, based on the location of the proposed structure, design of the commercial suites, and parking conditions, the anticipated commercial uses would serve to support visitors to the Newport Pier area and beach. The anticipated uses include convenience stores to support visitors, take-out food uses such as a coffee shop, or bike rentals. The proposed project would include the removal of the existing nonconforming uses at the site such as ground floor residential, bring the property into conformance with development standards such as setbacks (refer to Table 1 Development Standards) and contribute to creating a more vibrant mixed-use neighborhood. The project would also create an additional dwelling unit within the coastal zone. Hazards The project is located on an inland property in a developed area approximately 450 feet from coastal waters. The proposed structure will comply with the minimum finished floor requirement of 9.0 feet NAVD88, as the proposed finished floor of the commercial suites range from 10 to 10.5 feet NAVD88. The project site is separated from the ocean by a row of commercial structures, a wide beach, and a 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. 18 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 16 As previously detailed, the proposed 2-foot alley easement and removal of the building corner from the alley/street intersections would improve maneuverability and access through the alley. The applicant is also providing an oversized trash and recycling storage enclosure that would provide a public benefit to the surrounding businesses and improve water quality by providing a solid roof over the dumpsters. Public Views and Height The Project is not located adjacent to a coastal view road or coastal viewpoint as identified in the Coastal Land Use Plan. The nearest identified coastal viewpoint is on the end of the Newport Pier and not visible from the site due to distance, elevation, and an intervening building that obstructs views. No public views are present through the project site. There are existing public views from the sidewalks on 22nd Street to the beach and ocean. As currently developed, the Blackie’s building adjacent to the project site (2122 West Ocean Front) reaches approximately 33 feet in height with a completely solid wall along the alley, which obstructs any views through the project site to the beach. The proposed structure would reach a height of approximately 35 feet and would not create additional obstructions within the viewshed of the beach and ocean. Therefore, no public views would be impacted or lost as part of the project. The project includes a terrace design to step back the highest levels of the structure. The commercial storefronts are large glass areas that are inviting to the public and reduce the appearance of bulk from the street and prevent the building from walling off the street. Furthermore, the proposed project complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. The proposed increase in floor area pursuant to SB 478 would not impact coastal views due to the location of the property and the fact that the additional floor area is situated towards the back of the property along the alleys and not at the front of the building where it is visible from the 22nd Street frontage. Because the existing building envelope of the overall block will be maintained, any public views of the beach or ocean from the subject site would remain the same. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. Ultimately, the Project would restore and enhance the visual quality of the site by removing aging structures that do not comply with development standards and replace them with a structure that creates a larger alley, provides sufficient parking, provides communal trash enclosure, and includes an additional residential unit in already developed area of the coastal zone. 19 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 17 Public Access The Project is located near McFadden Square and the public beach, which is accessible to the public and provides opportunities to view and access the beach as well as other amenities. Vertical access to the beach and coastal waters is available immediately in front of the site of the site via public sidewalks along 22nd Street. Lateral access is available along the public beach approximately 250 feet from the site. The project does not include any features that would obstruct access along these routes. Additionally, the proposed alley easement and window element at the intersection of 22nd Street / alley would improve the visibility of and access to the alleys. Redevelopment of the site will not result in the loss of any existing on-street public parking. As previously discussed, the requested parking waiver is mitigated by the fact that the project is located in McFadden Square and the proposed commercial uses will provide visitor-serving uses intended to serve beach and bay visitors already in the area. The additional floor area requested pursuant to SB 478 is intended to increase the livability of the residential units by providing additional bathrooms and other space and does not create an additional demand for parking in the area. In addition, the project includes and is conditioned to maintain four bike racks on-site. Tentative Parcel Map A Tentative Parcel Map to consolidate the three existing parcels that comprise the project site into a single parcel has been requested. Additionally, the tentative parcel map would allow each of the three residential units and the commercial component to be sold separately. The applicant would be required to pay applicable traffic fair share fees and park fees for the increase in commercial floor area and residential dwelling units. While consolidations of this nature are considered somewhat utilitarian, a series of findings are required and facts in support of all the findings have been provided in the draft resolution. Summary The proposed project includes the construction of a mixed-use structure within a mixed- use zoning district that is consistent with applicable General Plan policies, Zoning, SB 478, and the LCP. The project complies with all development standards and includes the provision of a new alley easement to increase the width of the existing narrow alley, a communal trash enclosure to serve the area, and the net addition of one dwelling unit. As evaluated in the attached resolution, the waiver of seven commercial parking spaces and increased sloping roof height is reasonable and would not negatively impact coastal access or views and would remain compatible with the surrounding development. 20 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 18 Alternatives and Housing Accountability Act Compliance The Planning Commission has the following alternatives: 1. The Planning Commission may require or suggest specific design changes that are necessary to alleviate any areas of concern. If the requested changes are substantial, staff will return with a revised resolution incorporating new findings and/or conditions; or 2. If the Planning Commission chooses to deny or reduce the density of the project, findings must be made consistent with the Housing Accountability Act (Government Code Section 65589.5), which restricts the City’s ability to deny, reduce density of, or make infeasible housing developments for projects that are consistent with objective general plan and zoning standards. Therefore, if after consideration of all written and oral evidence presented, the Planning Commission desires to either disapprove or impose a condition that the project developed at a lower density or with any other conditions that would adversely impact feasibility of the proposed project, staff will return with a revised resolution with findings based upon evidence provided at the public hearing. The Planning Commission must articulate the factual basis for making the following findings for the decision: (A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. It should be noted that the Housing Accountability Act does not supersede the California Coastal Act. Therefore, any component of the project that is found negatively impact coastal resources may still be addressed. However, the record does not include any impacts to coastal resources or coastal access. Staff believes public access is improved with the commercial suites and alley easement and that the commercial parking waiver will not negatively impact access. In essence, the new commercial spaces in a mixed-use building will serve the public and will not create new parking demand that would displace public parking. 21 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 19 Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Class 3 exempts new commercial construction of less than 10,000 square feet in floor area, demolition of up to three single-family residences, and construction of up to three single-family residences in urban areas 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. 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. Class 15 exempts the division of property in urbanized areas zoned for residential, commercial, or industrial use into four 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 years, and the parcel does not have an average slope greater than 20 percent. The Tentative Parcel Map will merge three adjacent lots, allow the individual sale of the three residential units and one commercial unit, and is consistent with all of the requirements of the Class 15 exemption. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property and residential occupants within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 22 22nd Street Lofts (PA2022-011) Planning Commission, June 9, 2022 Page 20 Prepared by: ______________________________ Liz Westmoreland Associate Planner Submitted by: ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Senate Bill SB478 PC 3 Project Renderings PC 4 Height Exhibits PC 5 Parking Study PC 6 Tentative Parcel Map PC 7 Project plans 23 INTENTIONALLY BLANK PAGE24 Attachment No. PC 1 Draft Resolution with Findings and Conditions 25 INTENTIONALLY BLANK PAGE26 RESOLUTION NO. PC2022-015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING SITE DEVELOPMENT REVIEW NO. SD2022-001, CONDITIONAL USE PERMIT NO. UP2022-001, TENTATIVE PARCEL MAP NO. NP2022-001, AND COASTAL DEVELOPMENT PERMIT NO. CD2022-005 FOR A NEW THREE-STORY, MIXED-USE CONDOMINIUM PROJECT LOCATED AT 106, 108, 110 22ND STREET (PA2022-011) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by McFadden Place LLC (“Applicant”), with respect to property located at 106, 108, 110 22nd Street and legally described as Lots 9, 10, and 11 of Block 21 of the Map of Newport Beach (“Property”). 2. The Applicant proposes to demolish three (3) existing structures and construct a new three-story mixed-use building with one commercial condominium containing three (3) suites (2,647 sf) on the ground floor and three residential condominium units (7,073 sf) on the second and third levels, including a request for increased floor area for residential use pursuant to Senate Bill No. 478 (“SB 478”), which requires local jurisdictions to allow a floor area ratio of at least 1.0 for housing development projects of three to seven (7) units which require the following approvals: • Site Development Review to allow construction of a mixed-use structure and to increase the allowed height from the base height limit of 26/31 feet to 35 feet within the shoreline height limitation area. • Conditional Use Permit to waive seven of the ten required parking spaces for the commercial use. • Coastal Development Permit to allow development within the coastal zone that does not qualify for an exemption or exclusion under Title 21. • Tentative Parcel Map is requested to merge three underlying legal lots and to allow for each residential unit and the commercial component to be sold separately as condominiums (“Project”). 3. The Property is designated MU-W2 (Mixed-Use Water 2) by the General Plan Land Use Element and is located within the MU-W2 (Mixed-Use Water) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is MU-W (Mixed-Use Water Related) and it is located within the MU-W2 (Mixed-Use Water) Coastal Zone District. 27 Planning Commission Resolution No. PC2022-015 Page 2 of 35 5. A public hearing was held on June 9, 2022, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. 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 Chapters 19.12 (Tentative Map Review), 20.62 (Public Hearings) and 21.26 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. 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, demolition of up to three (3) single-family residences, and construction of up to three (3) single- family residences in urban areas 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 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 years, and the parcel does not have an average slope greater than 20 percent. The Tentative Parcel Map will merge three adjacent lots, allow the individual sale of the three residential units and one commercial unit, 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. 28 Planning Commission Resolution No. PC2022-015 Page 3 of 35 Facts in Support of Finding: 1. The Property is located within the Mixed-Use Water (MU-W2) District, which applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The Project 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 maximum residential floor area limitation is 5,312 square feet (0.75 FAR) and the proposed floor area is 7,073 square feet, which is a floor area ratio of approximately 1.0. Therefore, the Project includes a request for increased floor area for residential uses pursuant to SB 478, which requires local jurisdictions to allow a floor area ratio of at least 1.0 for housing development projects of three to seven units. SB 478 applies to charter cities such as the City of Newport Beach (“City”) and includes projects that are located within the coastal zone that are subject to the California Coastal Act. 3. A minimum of 2,479 square feet (0.35 FAR) and maximum of 3,541 square feet (0.5 FAR) of nonresidential floor area is required. The Project proposes 2,647 square feet of nonresidential floor area in compliance with the allowed floor area ratio (“FAR”) range for the MU-W2 coastal zoning district. 4. The Project is required to have a maximum density of at least 1,631 square feet of lot area per unit, and a minimum density of 2,167 square feet of lot area per unit, which results in a required density range of three (3) to four (4) units. The project proposes to construct three (3) dwelling units in the form of residential condominiums on the second and third floors. 5. The Project will replace two (2) legal, nonconforming residential units and commercial structures with a mixed-use development consistent with the property’s MU-W2 zoning and land use designation and will also provide an additional housing unit within McFadden Square. 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; 29 Planning Commission Resolution No. PC2022-015 Page 4 of 35 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 Water 2 (MU-W2) General Land Use designation and Zoning District is applied to waterfront locations in which marine-related uses may be intermixed with buildings that provide residential on the upper floors. Free-standing residential uses are not permitted. The Project is consistent with this designation as it provides commercial space on the first floor and residential dwelling units on the second and third floors. 2. The Project will enhance the McFadden Square area with a new, refreshed facade that maintains the pedestrian scale with storefront window treatments on the ground floor and see-through glass elements with deep setbacks at the higher floors. The Project also proposes to maintain the small, street-facing, front setbacks on the ground floor maintaining the historical 0-foot setback of many of the buildings within McFadden Square. 3. 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. 4. No on-street parking would be lost as a result of the Project because the design complies with residential parking standards by providing two (2) covered spaces per unit and one (1) guest space, and no curb cuts are required to access the parking spaces. Although the commercial portion of the Project requests a reduction, a public parking lot is located near the Property. 5. Pedestrian and vehicular access along 22nd Street and two adjacent alleys have been reviewed by the Public Works Department for adequacy, efficiency, and safety. The project design includes a dedication of a 2-foot easement to the City for alley purposes. The 2-foot easement would increase the substandard alley from 9 feet to 11 feet in width. Additionally, the Applicant will underground the existing overhead utilities and reconstruct the existing broken or otherwise damaged concrete curb, gutter, and sidewalk along the 22nd Street frontage and all damaged alley panels. 6. No public views are present through the Property. There are existing public views from the sidewalks on 22nd Street to the beach and ocean. As currently developed, the Blackie’s building adjacent to the Property (2122 West Ocean Front) reaches 30 Planning Commission Resolution No. PC2022-015 Page 5 of 35 approximately 33 feet in height with a completely solid wall along the alley, which obstructs any views through the Property to the beach. The proposed structure would reach a height of approximately 35 feet and would not create additional obstructions within the viewshed of the beach and ocean. Therefore, no public views would be lost as part of the Project. 7. To maintain a dominate commercial storefront and to mitigate the impact of the building height at the 22nd Street frontage, the proposed building massing has been terraced and stepped back at the upper levels with substantial open space beyond the minimum required with open decks with open style guardrails along the front of the building. The design includes an approximately 9-foot setback to the second-floor interior living space and an approximately 17 to 20-foot setback to the third-floor interior living space. 8. The existing mixed-use structure at 106 -108 22nd Street is located directly along the front property line, and although lower in height than the Project, the existing second floor at 106-108 22nd Street does not provide any setbacks to create visual relief from the street. The Project is taller in height than the existing structures but has been designed with a terraced approach to reduce visual impacts from the street scale. 9. The base height limit in the zoning district is 26 feet for flat elements and 31 feet for sloping roofs (minimum 3:12 slope). The Applicant is requesting additional discretionary applications for increased height pursuant to Section 20.52.080 (F) (Site Development Reviews – Findings and Decision) of the NBMC to allow a maximum height of 35 feet for flat elements and 40 feet for sloping roofs. The highest guardrail/flat roof would be 26 feet from established grade and the highest sloping roof would be approximately 35 feet from established grade. The proposed elevator would be approximately 6 inches higher than the tallest roof (35 feet 6 inches). 10. The Project complies with the Mixed-Use Project standards identified in Section 20.48.130 (Mixed-Use Projects) of the NBMC. For example, the ground floor is entirely commercial (minus areas for residential access and parking) and the commercial suites have a minimum depth of 25 feet. The Project includes sufficient private and common open space for the residential uses that is separated from the commercial component of the Project. Lastly, the commercial parking spaces are accessed via the side alley and the residential parking spaces are accessed via the rear alley and physically separated from each other. 11. A condition of approval has been included to require applicants to record a deed notification with the County Recorder’s Office notifying prospective buyers and tenants that the residential unit is located in a mixed-use project and 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.). The required deed restriction will reduce issues or conflicts related to the intermixing of uses in mixed-use development. 12. The Project does not include significant areas of landscaping; however, the proposed building includes substantial open space areas such as outdoor decks, and any future 31 Planning Commission Resolution No. PC2022-015 Page 6 of 35 landscaping would be subject to the City’s Water Efficient Landscape Ordinance (NBMC Section 14.17). 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 the MU-W2 Zoning District to provide housing, employment opportunities and commercial space to serve the adjoining residential neighborhoods. 2. The Project includes an architecturally pleasing design with articulation and finishes that enhance the local surrounding urban environment. 3. As a public benefit, the Project includes the dedication of a 2-foot easement to the City for alley purposes, which would increase the existing substandard alley from 9 feet to 11 feet in width. The Project is sufficiently setback from the rear alley property line as well. The increased setbacks would improve maneuverability of the alleys and provide adequate turning radii for customers and public vehicles. 4. Conditions of approval are included to help minimize any potential impacts related to the Project, including but not limited to: a. Condition of Approval No. 13 helps to ensure that no construction materials or activities will infringe upon the public walkway. b. Conditions of Approval No. 23 and 24 helps to ensure that illumination will not create an unacceptable negative impact on surrounding land uses or environmental resources. c. Condition of Approval No. 28 limits the hours of construction activity to mitigate potential impacts to adjacent neighboring properties. d. Condition of Approval No. 44 ensures that Best Available Control Measures will be implemented to minimize construction-related air quality impacts. Height Increase The base height may be increased within specified areas with the adoption of a Planned Community District, adoption of a specific plan, or approval of a planned development permit, or site development review. The review authority may approve an increase in the height of a structure above the base height limit only after first making all of the following findings (Section 32 Planning Commission Resolution No. PC2022-015 Page 7 of 35 20.30.060 Height Limits and Exceptions) in addition to the findings required pursuant to Section 20.52.080(F) (Site Development Reviews - Findings and Decision): Finding: D. 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. Facts in Support of Finding: 1. The structure includes additional upper-level building step backs beyond the minimum required with the provision of open decks with open style guardrails along the front of the building. The NBMC allows a zero-foot front setback. The design includes an approximately 9-foot setback to the second-floor interior living space and an approximately 17 to 20-foot setback to the third-floor interior living space. 2. As a public benefit, the Project includes the dedication of a 2-foot easement to the City for alley purposes, which would increase the existing substandard alley from 9 feet to 11 feet in width. 3. The Project design includes a 149-square-foot trash and recycling enclosure, where the NBMC requires a 32-square-foot trash and recycling enclosure for commercial uses less than 5,000 square feet. The surplus area will be made available to the surrounding businesses that lack adequate trash and recycling facilities as an additional public benefit. 4. The Project design includes 1,556 square feet of private open space, where approximately 354 square feet (in aggregate) is required. Therefore, the Project provides approximately four times the required private open space identified in the NBMC. 5. Although through site development review building heights may be increased from the base height limits of 26 feet for flat roofs and 31 feet for sloped roofs to 35 feet and 40 feet respectively, in this case, the Applicant is requesting building heights of 35 feet for sloped roofs. All flat roof elements would comply with the base height limit of 26 feet and no additional height is requested for flat elements such as guardrails. Finding: E. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes. 33 Planning Commission Resolution No. PC2022-015 Page 8 of 35 Facts in Support of Finding: 1. The Project includes substantial building articulation and architectural treatment that creates visual interest. The building’s modulation of volume in the front through the use of private outdoor decks and glass railings reduces the appearance of bulk from 22nd Street. 2. The design also includes internal open corridors and areas of open volume within the center of the building and that are visible along 22nd Street. For example, on the first floor there is the commercial corridor breezeway that is partially open to the sky and cuts through the second and third levels of the structure that breaks up the frontage into two sections. 3. The third-floor balconies and large roof overhangs create variation in the building façade, roof planes, and create architecturally enhanced shadows. 4. The Project design includes a combination of building materials, including stucco, metal, stone, horizontal wood paneling, and expansive use of glass. 5. The ground floor commercial suites include large glass storefronts to prevent the appearance of the structure being walled off from the street. Finding: F. 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 Facts in Support of Finding: 1. The Project design includes a varied, sloping roofline to complement the scale from neighboring buildings. As proposed, the front edge of the roof overhang maintains a height of 31.73 feet and is stepped back 9 feet 8 inches from the front property line. The highest ridge peak of 35 feet occurs approximately 23 feet back from the front building line, minimizing the visual height of the building as viewed from 22nd Street. 2. The terraced step back approach is continued in the roofline of the structure along 22nd Street. The third-floor balconies are stepped back 4 feet 11 inches from the front property line. The roof above the third-floor balconies are stepped back 9 feet 8 inches from the property line feet to further reduce the appearance of bulk from the streetscape. Therefore, the building steps back gradually increase from the first floor to the second floor, to the third-floor balconies (and living area), and finally to the roofline above. 3. The upper levels are also stepped back from the corners through the provision of outdoor decks, which help to reduce the visual mass when viewing the development 34 Planning Commission Resolution No. PC2022-015 Page 9 of 35 from 22nd Street or West Ocean Front. The additional setbacks provide for a gradual increase in scale, instead of solid wall along the property lines that is present in other neighboring structures in the vicinity. 4. The surrounding mixed-use and commercial structures are similar in height and scale to the Project. The Blackie’s/McFadden Place building at 2117 West Balboa Boulevard maintains a flat roof that measures approximately 29 feet at the front edge and steps up to a height of 33 feet. The Stag building at 121 Mc Fadden Place also maintains a flat roof measuring approximately 31 feet in height. There is an existing single-story structure directly adjacent to the property at 112 22nd Street, which is a non-conforming residential use that is generally out of scale with the surrounding mixed-use development in McFadden Square. Currently, the residential use is non-conforming and limited to repair and maintenance until it is brought into conformance with the requirement for ground floor commercial. It is anticipated that when the structure at 112 22nd Street is redeveloped to comply with the mixed-use development standards of the MU-W2 zone it will be replaced with ground floor commercial and residential units above, in a similar manner to the proposed development. On the other side of the nonconforming residential structure are two taller structures including the Taco Bell Cantina building which is approximately 23 feet high, in keeping with the scale of the proposed development. The Taco Bell Cantina building and adjacent Banzai Bowls building (of similar height) provide for a gradual increase in scale from the street up to the proposed structure and the adjacent Blackie’s building. 5. The structures across 22nd Street are generally one to two (2) stories in height and there is an existing private parking lot directly across from the Project. The residential structures beyond are up to three (3) stories in height which is generally in keeping with the proposed three (3)-story development. The Project is nestled within a relatively tall block of buildings and would not block any views of the water or beach from 22nd Street or surrounding properties. Finding: G. The structure will have no more floor area than could have been achieved without the approval of the height increase. Facts in Support of Finding: 1. Although the Project includes an SB 478 request for additional floor area (1.0 FAR in lieu of 0.75 allowed by the NBMC), the additional floor area does not facilitate the need for additional height in this case. The structure includes three stories and does include an additional story beyond what is standard for the zoning district and mixed-use developments in general within the City. The additional height allows for increased ceiling heights for the commercial and residential components and not out of character for development in the City. Adequate ceiling heights are important to create more functional and viable commercial suites. Thus, the height increase does not result in additional floor area than could have been achieved otherwise. 35 Planning Commission Resolution No. PC2022-015 Page 10 of 35 Conditional Use Permit In accordance with Section 20.52.020(F) (Use Permit, Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: H. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan land use designation for this site is Mixed-Use Water 2 (MU-W2). The MU-W2 designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. The anticipated retail, personal service, and small- scale take-out service limited uses are allowed uses. Such uses can be expected to be found in this area and are complementary to the surrounding commercial and residential uses. 2. The Project complies with the maximum floor area ratio allowed for the site (under SB 478) and will not result in an increase in the floor area ratio beyond allowed limits; therefore, it is consistent with the Land Use Element development limitations. 3. The Project anticipates uses in the commercial suite that are consistent with General Plan Land Use Policy LU 6.8.2 (Component Districts), which emphasizes that McFadden Square should be utilized as one of the primary activity centers within the City. The anticipated uses will allow residents and visitors to enjoy the establishment as a visitor- and local-serving convenience that is ancillary to their primary recreational or dining experience. 4. The Property is not part of a specific plan area. Finding: I. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The Property is located in the Mixed-Use Water Related (MU-W2) Zoning District. The MU-W2 designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The anticipated retail, personal service, and small- scale take-out service limited uses are allowed uses. Such uses can be expected to be found in this area and are complementary to the surrounding commercial and residential uses. There are many uses allowed by right in this zoning district; however, a conditional use permit is required in this case to waive seven (7) commercial parking spaces. 36 Planning Commission Resolution No. PC2022-015 Page 11 of 35 2. Take-out and small-scale food service and retail uses have been operating at the Property (106 - 108 22nd Street) for at least 25 years. The existing property also includes a non-conforming residential use on the ground floor that would be removed as part of the Project. 3. The McFadden Square area is adequately served by the two (2) adjacent municipal lots throughout most of the year and the close proximity to multiple commercial uses and coastal resources will result in shared trips to the Property. In keeping with historical conditions, walk-up and pass-by patron traffic is common in this area of the peninsula. Visitors to this area are typically going to the beach or bay and have multiple destinations on the peninsula, such as recreation, shopping, and dining, especially during the summer season. 4. The Project includes a compliant trash enclosure near the rear intersection of two alleys, outside of required drive aisles. The trash enclosure will screen trash from the alleys and maintain water quality by covering the top of the dumpster. The proposed trash enclosure includes surplus area to serve the surrounding businesses that do not currently have covered trash and recycling areas. Any existing outdoor storage and miscellaneous materials on the property lot will be removed as part of the Project. Finding: J. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The operation of the anticipated retail, personal service, or take-out business will be permitted by right as allowed uses with a parking rate of one (1) space per 250 square feet of floor area. Individual uses may be proposed in the suites that require additional parking or use permits and would be subject to a separate use permit review and approval prior to operation. 2. The Project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. A condition of approval has been included to require applicants to record a deed notification with the County Recorder’s Office. The deed notification document shall state that the residential unit is located in a mixed-use project and 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.). The required deed restriction will reduce issues or conflicts related to the intermixing of uses in McFadden Place. 3. If a food service use is proposed in the future, it would be subject to Health Department review and approval. 37 Planning Commission Resolution No. PC2022-015 Page 12 of 35 4. The Property is located in a relatively dense area with multiple uses within a short distance of each other. The McFadden Square area is conducive to a significant amount of walk-in patrons. The area experiences parking shortages in the daytime during the summer months, but parking is typically available during the rest of the year. Two (2) municipal parking lots and on-site parking is available in the area to accommodate the proposed use. 5. The Public Works Department and Building Division have reviewed the proposed design and configuration of parking spaces and determined the design is acceptable upon implementation of the related conditions of approval. Any future changes to the parking lot configuration would require review and approval by the Planning and Building Divisions, as well as the Public Works Department. Finding: K. 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. Facts in Support of Finding: 1. The Property is developed with existing commercial and residential buildings and the proposed development would include similar commercial uses with residential uses on upper floors in compliance with the NBMC. 2. Adequate public and emergency vehicle access, public services, and utilities are provided to the Property. Any additional improvements that are necessary to serve the use, such as reconstruction of the existing curb and alley panels, have been included as conditions of approval. 3. The Project provides adequate visibility for motorists and pedestrians traveling to and from 22nd Street into the alleys. The Project includes the provision of a new 2-foot alley easement for the benefit of the City, which would expand the side alley from 9 feet to 11 feet in width. The alley at the rear of the property is 10 feet in width and the residential parking spaces are setback 10 feet in compliance with NBMC development standards. 4. The Applicant is required to install a fire sprinkler system throughout the mixed-use structure. This improvement will enhance the safety of the existing buildings and benefit the surrounding structures and area. 5. A building permit is required prior to any construction. The Project will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: 38 Planning Commission Resolution No. PC2022-015 Page 13 of 35 L. Operation of the use at the location proposed would not be 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 use. Facts in Support of Finding: 1. The Project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operators are required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. For example, Condition of Approval No. 31 requires the provision of trash receptacles for patrons, Condition of Approval No. 32 requires the daily removal of graffiti or trash from the premises including abutting sidewalks within 20 feet of the premises, and Condition of Approval No. 26 regulates noise levels at the property. 2. The establishment will continue to provide services such as retail, convenience, bike rental, or takeout food service as a public convenience to the surrounding neighborhood and visitors to the area. The Project would revitalize the Property and provide an economic opportunity for the property owner to update the building and surrounding area, which best serve the quality of life for the surrounding visitor- and local-serving community along with providing much needed housing to meet the City’s Regional Housing Needs Allocation (RHNA). 3. The Project would include updates to meet current building code and fire code standards including the provision of sprinklers and accessibility improvements to the Property. Off-Street Parking Reduction In accordance with NBMC Sections 20.40.110 (Adjustments to Off-Street Parking Requirements), 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: Finding: M. 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). Facts in Support of Finding 1. The design complies with residential parking standards by providing two (2) covered spaces per unit and 1 guest space for a total of seven (7) residential parking spaces. Therefore, the residential component provides adequate parking to serve the residential 39 Planning Commission Resolution No. PC2022-015 Page 14 of 35 uses. Condition of Approval No. 65 requires the installation of signage that would prohibit residential parking in the commercial parking spaces. 2. Using the standard retail parking rate of one (1) space per 250 square feet of gross floor area, the commercial portion of the development requires 10 parking spaces. The Project provides three commercial parking spaces on-site and requests a waiver of the remaining seven (7) commercial parking spaces. 3. Under existing conditions there are two residential dwelling units and approximately 2,191 square feet of nonresidential floor area, which requires a total of 13 parking spaces (4 spaces for the residential uses and nine spaces for nonresidential uses at a rate of one (1) space per 250 square feet of floor area). The existing site includes five (5) uncovered parking spaces to serve both uses, which results in an existing deficiency of eight spaces. The Project requests a parking waiver of seven (7) spaces, which reduces the existing deficiency on-site by one (1) parking space. The Project complies with residential parking including the provision of a guest parking space and would provide a public benefit through the provision of an additional dwelling unit, an alley easement, and an oversized trash enclosure to serve the area. 4. Of the five (5) parking spaces that currently exist on the Property, none of the spaces are accessible for disabled users and other individuals requiring accessible parking. The Project includes three (3) covered commercial parking spaces, including one (1) accessible space, increasing the number of accessible parking stalls on site. 5. The Project is located within the McFadden Square area of the City. Thus, the Project is in a relatively dense area with multiple uses within a short distance of each other. McFadden Square 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, McFadden Square is served by public transportation consisting of regular bus service and additional trolley service during peak summer months that provides a parking alternative. 6. It is expected that the employees of the commercial suites will likely utilize the provided on-site parking spaces of the Property since they are familiar with the site and how to access the parking lot. This will reduce the number of employees utilizing the public lots or street parking in the vicinity. Assuming there are two (2) employees per suite on site at any given time, the anticipated demand for employee parking is six (6) spaces. To encourage alternative modes of transportation, the project design also includes four bike racks that are conveniently and securely located within the center of the site behind Suite 2. The provision of four bike racks and three on-site spaces should be sufficient to serve the employee demands. Condition of Approval No. 66 requires that the four on- site back racks are maintained. 40 Planning Commission Resolution No. PC2022-015 Page 15 of 35 7. Visitors to this area are typically going to the beach or bay and have multiple destinations on the peninsula, such as recreation, shopping, and dining. Within approximately 115 feet is the Newport Pier municipal parking lot which contains approximately 260 parking spaces. Additionally, the 137-parking-space McFadden Square municipal parking lot is located within 120 feet of the project site. The parking lots have proven to be sufficient to support the existing nearby businesses. 8. According to the McFadden Lofts Retail Shared Parking Memorandum prepared for the project by RK Engineering Group, Inc. (dated May 12, 2022), the potential retail tenants for the Project will likely include visitor-serving and marine-related uses, such as bicycle rental, take-out service, and convenience retail uses. These types of uses are ancillary and typically do not yield a parking demand. Visitors will already be parked in the surrounding area for local destination uses and not park specifically for the proposed retail businesses. For example, visitors will primarily park for destination uses and local attractions such as the beach, restaurants, bars, entertainment, etc. These points of interest generate the majority of the parking demand in the area. Once parked they may visit multiple non-destination retail uses by foot, which is known as shared parking. Therefore, the requested parking waiver is appropriate given the location and operating characteristics of the development. Finding: N. A parking management plan shall be prepared in compliance with subsection (c) of this section (Parking Management Plan). Facts in Support of Finding 1. The Applicant will be required to maintain at least four (4) bike racks on the Property at all times in order to encourage and provide for alternative modes of transportation (Condition of Approval No. 65). 2. The commercial suites are intended for visitor-serving and marine-related uses, such as bicycle rental, take-out service, and convenience retail uses. In order to reduce the parking demand at the Property and decrease the likelihood that the commercial spaces become a destination use, the Project is conditioned (Condition of Approval No. 64) to prohibit land uses that generate additional parking beyond the one (1) space per 250 square feet of floor area. Uses with a higher parking demand would require the submission of additional data and approval of a separate conditional use permit. 3. Condition of Approval No. 64 requires the installation of signage that would prohibit residential parking in the commercial parking spaces Coastal Development Permit 41 Planning Commission Resolution No. PC2022-015 Page 16 of 35 In accordance with Section 21.52.015(F) (Coastal Development Permits – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth as follows: Finding: N. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Project 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 5,312 square feet (0.75 FAR) and the proposed floor area is 7,073 square feet, which is a floor area ratio of approximately 1.0. The Project includes a request for increased floor area for residential uses pursuant to SB 478, which requires local jurisdictions to allow a floor area ratio of at least 1.0 for housing development projects of three (3) to seven (7) units. SB 478 applies to charter cities such as Newport Beach and includes projects that are located within the coastal zone that are subject to the Coastal Act. b. The proposed increase in floor area pursuant to SB 478 would not impact coastal views or access due to the location of the Property and the proposed design of the structure. The Project is located within a dense block in McFadden Place, and no existing views or public access is afforded through the Property. As stated in Finding B, the existing views of the beach are through the 22nd Street corridor, and any views through the existing property are blocked by the large wall of the building at 2122 West Ocean Front. Further, the additional floor area is situated towards the back of the property along the alleys and not at the front of the building where it is visible from the 22nd Street frontage. The Project provides almost four times the required private open space despite the additional 0.25 FAR that is authorized under SB 478, which greatly reduces the appearance of bulk and scale in the coastal zone. Lastly, the additional floor area is intended to increase the livability of the residential units by providing additional bathrooms and other space and does not create an additional demand for parking in the area. c. A minimum of 2,479 square feet (0.35 FAR) and maximum of 3,541 square feet (0.5 FAR) of nonresidential floor area is required. The Project proposes includes 2,647 square feet of nonresidential floor area in compliance with the allowed FAR range for the MU-W2 coastal zoning district. d. The Project is required to have a maximum density of at least 1,631 square feet of lot area per unit, and a minimum density of 2,167 square feet of lot area per unit, which results in a required density range of three (3) to four (4) units. The Project proposes to construct three (3) dwelling units in the form of residential condominiums on the second and third floors. 42 Planning Commission Resolution No. PC2022-015 Page 17 of 35 e. The Project provides the minimum required setbacks of 10 feet along the rear property line abutting the alley. No front or side setbacks are required; however, the Project includes a two-foot side alley setback to increase the size of the substandard alley from 9 feet to 11 feet in width. The existing structure does not provide a side setback from the alley and the proposed 2-foot setback would improve visibility and maneuverability at the intersection of the alley and 22nd Street. Further, the upper levels of the structure include additional setbacks beyond the minimum required with open decks with open style guardrails along the front of the building. The design includes an approximately 9-foot setback to the second- floor interior living space and an approximately 17 feet to 20-foot setback to the third-floor interior living space. f. The base height limit in the zoning district is 26 feet for flat elements and 31 feet for sloping roofs (minimum 3:12 slope). The Applicant is requesting additional discretionary applications for increased height pursuant to Section 21.30.060 (Height Limits and Exceptions) of the NBMC, to allow a maximum height of 35 feet for flat elements and 40 feet for sloping roofs. The highest guardrail/flat roof would be 26 feet from established grade and the highest sloping roof would be approximately 35 feet from established grade. The proposed roof over the residential elevator is a skylight and would be approximately 6 inches higher than the tallest roof (35 feet 6 inches). g. The design complies with residential parking standards by providing two (2) covered spaces per unit and one guest space for a total of seven (7) residential parking spaces. h. The Project requires three (3) commercial parking spaces including one accessible space. Using the standard retail rate of one (1) space per 250 square feet of gross floor area the commercial portion of the space required 10 parking spaces. The Project provides three (3) commercial parking spaces on-site, and pursuant to NBMC Section 21.40.110 (Adjustments to Off-Street Parking Requirements), requests a waiver of the remaining seven commercial parking spaces. 2. The Project is located within the McFadden Square area of the City. Thus, the Project is in a relatively dense area with multiple uses within a short distance of each other. Given its proximity to the beach, McFadden Square 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, McFadden Square is served by public transportation consisting of regular bus service and additional trolley service during peak summer months that provides a parking alternative. Refer to Facts in support of Finding M for additional facts regarding parking. 43 Planning Commission Resolution No. PC2022-015 Page 18 of 35 3. The neighborhood block is primarily developed with buildings of similar height and scale of the proposed structure. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development. Refer to Finding B and J for additional facts related to compatibility. 4. The Project is located on an inland property in a developed area approximately 450 feet from coastal waters. Based on research of existing site conditions and the provided Topographical Survey, the project site has an average elevation of 10 to 11 feet NAVD88. New structures are required to have a minimum finished floor of 9.0 feet (NAVD88). The proposed structure will comply with the minimum finished floor requirement as the proposed finished floor of the commercial suites range from 10 to 10.5 feet NAVD88. The project site is separated from the ocean by a row of commercial structures, a wide beach, and a 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. 5. 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 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, if needed. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 6. A construction erosion control plan (Construction Pollution Prevention 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. 7. The Project is not located adjacent to a coastal view road or coastal viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is on the end of the Newport Pier and not visible from the site due to distance, elevation, and an intervening building that obstructs views. The Project is located near McFadden Square and the public beach, which is accessible to the public and provides opportunities to view and access the beach as well as other amenities. As currently developed, the existing building is highly obscured from views of the beach and boardwalk by intervening development. Further, the Project complies with all applicable Local Coastal Program (“LCP”) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Because the existing building envelope of the overall block will be maintained, any public views of the beach or ocean from the subject site would remain the same. Additionally, the Project does not contain any unique features that could degrade the visual quality of the coastal zone. 8. The Project would include the removal of the existing nonconforming uses at the site such as ground floor residential and bring the property into conformance with development standards such as setbacks. The proposed 2-foot alley easement and removal of the building corner from the alley/street intersections would improve maneuverability in the 44 Planning Commission Resolution No. PC2022-015 Page 19 of 35 alley. The Applicant is also providing an oversized trash and recycling storage enclosure that would provide a public benefit to the surrounding businesses. 9. The Project would modernize the existing, aging buildings on site and revitalize the local neighborhood. The building height would remain approximately the same as the existing adjacent rooflines, any proposed rooftop equipment would be screened from view of pedestrians and motorists in the vicinity. Therefore, the Project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to existing public views. Finding: O. 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, Section 21.30A.040 of the NBMC (Determination of Public Access/Recreation Impacts) of Title 21 (Local Coastal Program Implementation Plan) (“Title 21”) 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 in front of the site along 22nd Street. Lateral access is available along the public beach approximately 250 feet from the site. The Project does not include any features that would obstruct access along these routes. 3. The adjustments to the commercial off-street parking requirements are not expected to impact public access for the reasons cited in Facts in Support of Finding M. No on-street parking would be removed as part of the project. Height Increase in Coastal Zone In accordance with Section 21.30.060(C) (Height Limits and Exceptions) of the NBMC, the Planning Commission may approve a coastal development permit to allow an increase in the height of a structure above the base height limit only after first making all of the following findings in addition to the findings required in 21.52.015(F) (Coastal Development Permits – Findings and Decision)): Finding: 45 Planning Commission Resolution No. PC2022-015 Page 20 of 35 P. The project is sited and designed to protect public views to and along the ocean and scenic coastal areas; and Facts In Support of Finding: 1. Facts and Findings in Support of Finding B, F, and N are incorporated herein by reference. 2. No public views are present through the project site. There are existing public views from the sidewalks on 22nd Street to the beach and ocean. As currently developed, the Blackie’s building adjacent to the project site (2122 West Ocean Front) reaches approximately 33 feet in height with a completely solid wall along the alley, which obstructs any views through the project site to the beach. The proposed structure would reach a height of approximately 35 feet and would not create additional obstructions within the viewshed of the beach and ocean. Therefore, no public views would be lost as part of the Project. 3. The existing mixed-use structure at 106 and 108 22nd Street is located directly along the front property line, and although lower in height than the proposed project, the existing second floor at 106 22nd street does not provide any upper floor step backs to create visual relief from the street. The Project is taller in height than the existing structures but has been designed with a terraced approach to reduce visual impacts from the street scale. Finding: Q. The project is sited and designed to minimize visual impacts and be visually compatible with the character of surrounding areas; and Facts in Support of Finding: 1. There are no existing views through the project site. The site is bordered by development on all sides and two small alleys. The Project includes a terrace design to step back the highest levels of the structure. The commercial storefronts are large glass areas that are inviting to the public and reduce the appearance of bulk from the street and prevent the building from walling off the street. 2. Facts in support of Finding B are herein incorporated by reference. Finding: R. Where feasible, the project will restore and enhance visual quality in visually degraded areas. Facts in Support of Finding: 46 Planning Commission Resolution No. PC2022-015 Page 21 of 35 1. The Project would replace existing dilapidated buildings that include a nonconforming ground floor residential structure located on three substandard lots with a new conforming mixed-use development on a consolidated lot. The Project would restore and enhance the visual quality of the site by removing aging structures that do not comply with development standards and replace them with a structure that creates a larger alley, provides sufficient parking, provides communal trash enclosure, and includes an additional residential unit. Tentative Parcel Map The Planning Commission determined in this case that the Tentative Parcel Map is consistent with the legislative intent of Titles 20 (Planning and Zoning) and Title 21 of the NBMC and is approved based on the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps (66412.3, 66473 et seq.)) of Title 19: Finding: S. 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-W2 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 (Subdivisions) of the NBMC and applicable requirements of the Subdivision Map Act. 4. Conditions of approval have been included to ensure compliance with Title 19 (Subdivisions). Finding: T. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The approximately 7,082-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. 47 Planning Commission Resolution No. PC2022-015 Page 22 of 35 3. The Project includes three (3) residential dwelling units where three (3) to four (4) dwelling units are allowed. 4. The Property is accessible from 22nd Street and the alleys along the rear and side of the property. The site is adequately served by existing utilities. Finding: U. 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. 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: V. 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 includes the merger of three (3) existing lots and the creation of 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 NBMC 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: W. 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 48 Planning Commission Resolution No. PC2022-015 Page 23 of 35 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. Facts 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. The applicants proposing to dedicate an alley easement of 2-feet along the side of the property for public purposes. 2. Public improvements will be required of the Applicant per the NBMC and the Subdivision Map Act. Conditions of approval are included to require the applicant to reconstruct the existing broken or otherwise damaged concrete curb, gutter, and sidewalk along the 22nd Street frontage and all damaged alley panels. The Applicant will also underground any existing overhead utilities. Finding: X. 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 and commercial uses and lies in a Zoning District that permits residential uses in conjunction with a mixed-use development. Finding: Y. 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. 49 Planning Commission Resolution No. PC2022-015 Page 24 of 35 2. The Project is not located within a specific plan area. Finding: Z. 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. Finding: AA. 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 residential dwelling units 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: BB. 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: 50 Planning Commission Resolution No. PC2022-015 Page 25 of 35 CC. 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. Facts in Support of Finding: 1. The 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 LCP and public access and recreation policies of Chapter Three of the Coastal Act. 2. Facts in Support of Finding N for the Coastal Development Permit (above) are hereby incorporated by reference. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project is categorically exempt from the 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 Planning Commission of the City of Newport Beach hereby approves Site Development Review No. SD2022-001, Tentative Parcel Map No. NP2022-001, Conditional Use Permit No. UP2022-001, and Coastal Development Permit No. CD2022- 005 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 City Clerk in accordance with the provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Implementation Plan), of the Newport Beach Municipal Code. 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 9TH DAY OF JUNE, 2022. AYES: NOES: 51 Planning Commission Resolution No. PC2022-015 Page 26 of 35 ABSTAIN: ABSENT: BY:_________________________ Lee Lowrey, Chairman BY:_________________________ Curtis Ellmore, Secretary 52 Planning Commission Resolution No. PC2022-015 Page 27 of 35 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, building elevations, and architectural renderings stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the net increase of one (1) new dwelling unit for residential, and for the net increase in commercial floor area in accordance with NBMC Chapter 15.38. 4. Prior to the recordation of the Final Parcel Map, a park dedication fee for one (1) new dwelling unit shall be paid in accordance with NBMC Chapter 19.52. 5. Prior to the issuance of building permits, any school district fees shall be paid for the project (if applicable). 6. 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. 7. 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.). The Deed Notification shall also state that the project is located in the vicinity of businesses which feature open decks, live music, DJs, bands, food service, special events, and guests using nearby parking lots. 8. 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 35 feet for pitched roof). 9. Prior to issuance of a building permit, a deed restriction approved as to form by the City Attorney’s Office shall be recorded on the Property that requires the trash 53 Planning Commission Resolution No. PC2022-015 Page 28 of 35 enclosure to remain available for use by the Property and the properties at 116 22nd Street and 2116-2122 West Ocean Front. 10. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 11. All proposed signs are subject to separate review and permit and shall comply with the provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 12. The project shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 13. 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. 14. This approval does not authorize any new or existing improvements (including landscaping) within the public right-of-way. 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 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. 16. 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 54 Planning Commission Resolution No. PC2022-015 Page 29 of 35 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. 17. 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. 18. This site development review, use permit and coastal development permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 19. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit and/or site development review or the issuance of a new Use Permit and/or Site Development Review. 20. 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. 21. Prior to the issuance of building permits, the applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 22. 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. 23. 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. 24. Prior to the issuance of a building permit, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are “1” or less at all property lines. 25. 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. 55 Planning Commission Resolution No. PC2022-015 Page 30 of 35 26. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM 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 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 27. 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. 28. 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. 29. No outside paging system shall be utilized in conjunction with this establishment. 30. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate), except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 31. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 32. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 33. 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). 34. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 56 Planning Commission Resolution No. PC2022-015 Page 31 of 35 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 35. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 36. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 37. 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 and Title 21 Implementation Plan of the Newport Beach Municipal Code. 38. 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 22nd Street Lofts including, but not limited to, Site Development Review No. SD2022-001, Tentative Parcel Map No. NP2022-001, Conditional Use Permit No. UP2022-001, and Coastal Development Permit No. CD2022-005 (PA2022-011). 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 39. Automatic fire sprinklers shall be required. 40. Fire alarm system shall be required. 41. Elevator shall meet minimum stretcher size requirements of Chapter 30 of the CVC, with no exceptions permitted. 42. Potential future solar panels are subject to separate review by the Fire Department. 57 Planning Commission Resolution No. PC2022-015 Page 32 of 35 Building Division 43. 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. 44. The applicant shall employ the following best available control measures (“BACMs”) to reduce construction-related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off-Site Impacts • Encourage car pooling 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. 45. Prior to the issuance of building permits for new construction, the applicant shall obtain final Water Quality Management Plan (WQMP) approval for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 46. 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, 58 Planning Commission Resolution No. PC2022-015 Page 33 of 35 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 identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 47. All new construction shall comply with 2019 California Code Edition. 48. The applicant shall schedule a preliminary code review with Building Division to identify and address and major code issues prior to submitting for plan check. 49. A geotechnical report shall be submitted to the Building division for review prior to grading permit issuance. 50. A full building code analysis on occupancy, type of construction, actual/allowable floor area, actual/allowable height, number of stories, sprinkler system, etc. shall be provided. 51. A full egress analysis plan shall be provided. 52. A plumbing fixture counts analysis for ground floor commercial use shall be provided. 53. Shoring design may be required prior to permit issuance. 54. Maximum area of exterior wall openings based on fire separation distance and degree of opening protection shall comply with Section 705.8 55. Plans shall comply with Chapter 11A and 11B for residential and non-residential accessibility requirements, respectively. 56. The building and facilities must be accessible to and usable by the physically disabled per Title 24 of the 2019 Edition of the California Code of Regulations. Please be aware that the Department has neither the responsibility nor the authority to enforce ADA regulations. Nonetheless, the Department strongly advises that the Architect or Designer of record include such requirements in the building design. 57. The applicant shall clearly distinguish between the public and common area on the plan. Any public areas within the building shall comply with Title 24 Chapter 11B; and all ground-floor dwelling units and common areas shall comply with Title 24 Chapter 11A. 58. An accessible path of travel from accessible van parking and the public sideway to the entrances of all commercial suites and nearest restrooms shall be provided. 59. Exit enclosure shall comply with CBC 1023 and the openings shall comply with Table 716.1(2). 60. Exit passageway shall comply with CBC 1024. 59 Planning Commission Resolution No. PC2022-015 Page 34 of 35 61. All sleeping rooms shall provide emergency escape opening in accordance with CBC 1030. 62. Accessible route from commercial space to the trash enclosure shall be provided. 63. A full building code, accessibility, and structural review will be performed at the time of plan review submittal. Public Works Department 64. Signage shall be installed in the commercial parking area that prohibits residential parking within the three commercial spaces. Proposed signage shall be subject to review and approval by the Public Works Department. 65. The commercial suites shall only be occupied by retail, personal service, visitor-service, and marine-related uses that result in a maximum parking demand of one (1) space per 250 square feet of floor area. A separate parking study and approval of a separate conditional use permit for a parking waiver would be required for a use with a higher demand for parking (e.g. 1 space per 200 square feet, etc.). 66. The four (4) on-site bike racks shall be maintained. 67. 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 Section 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. 68. 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 Section s 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. 69. All improvements shall be constructed as required by Ordinance and the Public Works Department. 70. An encroachment permit shall be required for all work activities within the public right- of-way. 60 Planning Commission Resolution No. PC2022-015 Page 35 of 35 71. The existing broken and/or otherwise damaged concrete curb, gutter, sidewalk along the 22nd Street frontage shall be reconstructed per City Standard and all damaged alley panels. 72. Each unit shall be served by its individual water service/meter and sewer lateral/cleanout. Each water meter and sewer cleanout shall be installed with a traffic- grade box and cover. 73. All existing overhead utilities shall be undergrounded. 74. The building configuration at the corner of the alley and 22nd Street shall be consistent with the submitted plans. The windows location and size are subject to further review by the City Traffic Engineer. The internal space used for vehicular sight distance shall be kept clear of all obstructions. 75. 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. 76. All improvements shall comply with the City’s sight distance requirement. See City Standard 110. 77. The parking layout shall comply with City Standard 805 and shall be reviewed and approved by the City Traffic Engineer. 78. Prior to issuance of a building permit, the Applicant shall submit an Irrevocable Offer of Dedication for the two (2) foot wide alley easement. The Applicant shall enter into an Agreement with the City outlining conditions and responsibilities for construction, maintenance, etc. within the easement. 61 INTENTIONALLY BLANK PAGE62 Attachment No. PC 2 Senate Bill SB378 63 INTENTIONALLY BLANK PAGE64 6/2/22, 8:05 AM Bill Text - SB-478 Planning and Zoning Law: housing development projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB478 1/8 SHARE THIS:Date Published: 09/29/2021 02:00 PM SB-478 Planning and Zoning Law: housing development projects.(2021-2022) Senate Bill No. 478 CHAPTER 363 An act to add Section 4747 to the Civil Code, and to amend Section 65585 of, and to add Section 65913.11 to, the Government Code, relating to housing. [ Approved by Governor September 28, 2021. Filed with Secretary of State September 28, 2021. ] LEGISLATIVE COUNSEL'S DIGEST SB 478, Wiener. Planning and Zoning Law: housing development projects. The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The law also requires the Department of Housing and Community Development to notify the city, county, or city and county, and authorizes the department to notify the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws. Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law makes void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets specified standards. This bill would prohibit a local agency, as defined, from imposing a floor area ratio standard that is less than 1.0 on a housing development project that consists of 3 to 7 units, or less than 1.25 on a housing development project that consists of 8 to 10 units. The bill would prohibit a local agency from imposing a lot coverage requirement that would physically preclude a housing development project from achieving the floor area ratios described above. The bill would prohibit a local agency from denying a housing development project located on an existing legal parcel solely on the basis that the lot area of the proposed lot does not meet the local agency’s requirements for minimum lot size. The bill would only apply to housing development projects that meet specified requirements, including, among other things, that the project be located in a multifamily residential zone or a mixed-use zone, as specified. The bill would additionally require the department to identify violations by a local government of these provisions, as described above. This bill would add the Housing Crisis Act of 2019 to the specified provisions of law for which the department is required to give notice of a violation. Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 65 6/2/22, 8:05 AM Bill Text - SB-478 Planning and Zoning Law: housing development projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB478 2/8 This bill would make void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts a housing development project from using the floor area ratio standards authorized under the provisions described above. The bill would provide that it does not apply to provisions that impose reasonable restrictions, as defined, that do not make the implementation of a project subject to the above-described provisions infeasible. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 215 to be operative only if this bill and AB 215 are enacted and this bill is enacted last. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4747 is added to the Civil Code, to read: 4747. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, is void and unenforceable if it effectively prohibits or unreasonably restricts an eligible housing development project from using the floor area ratio standards authorized under Section 65913.11 of the Government Code. (b) This section does not apply to provisions that impose reasonable restrictions on an eligible housing development that do not make the implementation of the floor area standards authorized in Section 65913.11 of the Government Code infeasible. (c) For purposes of this section: (1) “Eligible housing development project” means a housing development project that meets the requirements of subdivision (b) of Section 65913.11 of the Government Code. (2) “Reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct an eligible housing development project using the floor area ratio standards in a manner authorized by Section 65913.11 of the Government Code. (d) The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and that this section serves a significant and legitimate public purpose by eliminating potential restrictions that could inhibit the production of adequate housing. SEC. 2. Section 65585 of the Government Code is amended to read: 65585. (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) (1) At least 90 days prior to adoption of its housing element, or at least 60 days prior to the adoption of an amendment to this element, the planning agency shall submit a draft element or draft amendment to the department. (2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element. (3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the draft in the case of an adoption or within 60 days of its receipt in the case of a draft amendment. 66 6/2/22, 8:05 AM Bill Text - SB-478 Planning and Zoning Law: housing development projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB478 3/8 (c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them. (f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions: (1) Change the draft element or draft amendment to substantially comply with this article. (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department. (g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department. (h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency. (i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B). (B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article. (2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article. (j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following: (1) Housing Accountability Act (Section 65589.5). (2) Section 65863. (3) Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7. (4) Section 65008. (5) Section 65913.11. (6) Housing Crisis Act of 2019 (Section 66300 of the Government Code). (k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via 67 6/2/22, 8:05 AM Bill Text - SB-478 Planning and Zoning Law: housing development projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB478 4/8 telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1), (3), and (4) of subdivision (j). (l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article. (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following: (A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j). (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.68 6/2/22, 8:05 AM Bill Text - SB-478 Planning and Zoning Law: housing development projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB478 5/8 (n) This section shall not limit, restrict, abridge, or otherwise modify the authority of the Attorney General to bring a suit to enforce state law. The Attorney General may seek all remedies available under the law, including, but not limited to, the remedies provided in this section. SEC. 2.5. Section 65585 of the Government Code is amended to read: 65585. (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department. (2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element. (3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1). (c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them. (f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions: (1) Change the draft element or draft amendment to substantially comply with this article. (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department. (g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department. (h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency. (i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially 69 6/2/22, 8:05 AM Bill Text - SB-478 Planning and Zoning Law: housing development projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB478 6/8 complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B). (B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article. (2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article. (j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following: (1) Housing Accountability Act (Section 65589.5). (2) Section 65863. (3) Chapter 4.3 (commencing with Section 65915.) (4) Section 65008. (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300). (6) Section 8899.50. (7) Section 65913.4. (8) Article 11 (commencing with Section 65650). (9) Article 12 (commencing with Section 65660). (10) Section 65913.11. (k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j). (l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article. (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in70 6/2/22, 8:05 AM Bill Text - SB-478 Planning and Zoning Law: housing development projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB478 7/8 paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following: (A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j). (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships. (n) Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section. (o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding. (p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o). SEC. 3. Section 65913.11 is added to the Government Code, to read: 65913.11. (a) With respect to a housing development project that meets the requirements of subdivision (b), a local agency shall not do any of the following: (1) For a housing development project consisting of three to seven units, impose a floor area ratio standard that is less than 1.0. 71 6/2/22, 8:05 AM Bill Text - SB-478 Planning and Zoning Law: housing development projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB478 8/8 (2) For a housing development project consisting of 8 to 10 units, impose a floor area ratio standard that is less than 1.25. (3) Deny a housing development project located on an existing legal parcel solely on the basis that the lot area of the proposed lot does not meet the local agency’s requirements for minimum lot size. (b) To be eligible for the provisions in subdivision (a), a housing development project shall meet all of the following conditions: (1) The project consists of at least 3, but not more than 10, units. (2) The project is located in a multifamily residential zone or a mixed-use zone, as designated by the local agency, and is not located in either of the following: (A) Within a single-family zone. (B) Within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (3) The project is located on a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (c) (1) This section shall not be construed to prohibit a local agency from imposing any zoning or design standards, including, but not limited to, building height and setbacks, on a housing development project that meets the requirements of subdivision (b), other than zoning or design standards that establish floor area ratios or lot size requirements that expressly conflict with the standards in subdivision (a). (2) Notwithstanding paragraph (1), a local agency may not impose a lot coverage requirement that would physically preclude a housing development project that meets the requirements established in subdivision (b) from achieving the floor area ratio allowed in subdivision (a). (d) As used in this section: (1) “Housing development project” means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5. (2) “Local agency” means a county, city, or city and county, including a charter city, or city and county. (3) “Unit” means a unit of housing, but shall not include an accessory dwelling unit or a junior accessory dwelling unit. SEC. 4. The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act amending Section 65585 of, and Section 3 of this act adding Section 65913.11 to, the Government Code apply to all cities, including charter cities. SEC. 5. Section 2.5 of this bill incorporates amendments to Section 65585 of the Government Code proposed by both this bill and Assembly Bill 215. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, (2) each bill amends Section 65585 of the Government Code, and (3) this bill is enacted after Assembly Bill 215, in which case Section 2 of this bill shall not become operative. 72 Attachment No. PC 3 Project Renderings 73 INTENTIONALLY BLANK PAGE74 75 76 Attachment No. PC 4 Height Exhibits 77 INTENTIONALLY BLANK PAGE78 ROOF EXHIBIT - NOT TO SCALEHIGH POINT OF RIDGELINEBRANDON ARCHITECTS106-110 22ND STREET, NEWPORT BEACH, CA 9266379 BRANDON ARCHITECTS106-110 22ND STREET, NEWPORT BEACH, CA 92663SITE SECTION / ROOF VISIBILITY EXTENTS80 PERSPECTIVE OVERLAY AT 50’ PERSEPCTIVE LOCATION - KEY PLANBRANDON ARCHITECTS106-110 22ND STREET, NEWPORT BEACH, CA 9266381 PERSPECTIVE OVERLAY AT 50’ (WITH SPOT ELEVATIONS)PERSEPCTIVE LOCATION - KEY PLANBRANDON ARCHITECTS106-110 22ND STREET, NEWPORT BEACH, CA 9266382 PERSPECTIVE OVERLAY AT 109’ PERSEPCTIVE LOCATION - KEY PLANBRANDON ARCHITECTS106-110 22ND STREET, NEWPORT BEACH, CA 9266383 PERSPECTIVE OVERLAY AT 123’ PERSEPCTIVE LOCATION - KEY PLANBRANDON ARCHITECTS106-110 22ND STREET, NEWPORT BEACH, CA 9266384 PERSPECTIVE OVERLAY AT 108’ FROM REAR P.L. PERSEPCTIVE LOCATION - KEY PLANBRANDON ARCHITECTS106-110 22ND STREET, NEWPORT BEACH, CA 9266385 INTENTIONALLY BLANK PAGE86 Attachment No. PC 5 Parking Study 87 INTENTIONALLY BLANK PAGE88 May 12, 2022 Mr. Mario Marovic McFADDEN PLACE LLC 121 McFadden Place Newport Beach, CA 92663 Subject: McFadden Lofts Retail Shared Parking Memorandum, City of Newport Beach Dear Mr. Marovic: Introduction RK ENGINEERING GROUP, INC. (RK) is pleased to provide this parking review letter for the McFadden Lofts, mixed-used project. The site is located at 106-110 22nd Street in the City of Newport Beach. The proposed mixed-use project consists of approximately 2,483 square feet of retail/commercial use and three (3) residential condominium dwelling units. Based on the Newport Beach Parking Code, the project requires a total of seventeen (17) parking spaces. The proposed project is expected to provide a total of ten (10) onsite parking spaces that are primarily dedicated to the three (3) residential dwelling units. As a result, the project will have a parking code deficiency of seven (7) parking spaces for the retail component of the project. Potential retail tenants for the project may include uses such as bicycle rental, quick serve/take out, convenience uses, etc. These types of uses are ancillary and typically do not yield a parking demand. Visitors will already be parked in the surrounding area for local destination uses and not park specifically for the proposed retail use. For example, visitors will primarily park for destination uses and local attractions such as the beach, restaurants, bars, entertainment, etc. These points of interest uses generate the majority of the parking demand in the area. Once parked, they may visit multiple local non-destination retail uses by foot. This is known as shared parking. 89 McFADDEN PLACE LLC RK 17387 Page 2 RK17387 JN:2383-2022-02 Based on the ULI Shared Parking, Third Edition, published in 2020, shared parking allows for the sharing of parking spaces among uses in a mixed-use environment—in lieu of providing a minimum number of parking spaces for each individual use. Shared parking commonly results in a reduction of required parking spaces. This reduction, which is sometimes significant, depends on the quantities, mix of uses, site operational characteristics, and local code requirements. Since the proposed retail uses are ancillary to local destination uses, the project is not expected to generate additional parking. This is evident in the shared parking concept described by the ULI Shared Parking, Third Edition publication. RK Engineering Group, Inc. is pleased to assist McFadden Lofts shared parking review letter and looks forward to working with you again in the future. If you have any questions regarding this review, please do not hesitate to call us at (949) 474-0809. Sincerely, RK ENGINEERING GROUP, INC. Rogier Goedecke President 90 Attachment No. PC 6 Tentative Parcel Map 91 INTENTIONALLY BLANK PAGE92 NEWPORT BEACH BLOCK 21 M.M. 3/26 22ND STREET℄ LOT 11 LOT 9 LOT 10 LOT 12ALLEY℄ALLEYN55°12'33"E 75.00'N34°40'53"W 94.94'N34°40'54"W 84.54'Δ=89°46'12"R=10.00' L=15.67' PARCEL 1 N55°32'54"E 65.04' LOTS 9, 10 & 11 BLOCK 21 CORONA DEL MAR M.M. 3/26 SITE ADDRESS 106, 108 & 110 22ND STREET NEWPORT BEACH, CA 92663 (APN: 047-151-06, 047-151-05 & 047-151-04) SHEET 1 OF 1 TENTATIVE PARCEL MAP NO. 2022-102 JANUARY 2022 SCALE = 1" = 20' HUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440 APEXLSINC@GMAIL.COM PREPARED BY: A. R. H. PAUL D. CRAFT, P.L.S. 8516 LICENSE EXPIRES 12/31/22 OWNER/DEVELOPER: MCFADDEN PLACE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS: LOTS 9, 10 & 11 IN BLOCK 21 OF NEWPORT BEACH, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Exp. 12/31/22 No. 8516PROFESSIONALLAND S URVEYORPAULD O M INICK CRAFTS T ATE OF CAL I F O R NIADATE JN: 17013 FOR CONDOMINIUM PURPOSES 4/22/2022 93 INTENTIONALLY BLANK PAGE94 Attachment No. PC 7 Project Plans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OCEANFRONT 7/10/2018 103 T/SLAB=10.00 T/SLAB=10.32 T/SLAB=10.50T/SLAB=10.50 T/SLAB=10.00 NEWPORT BEACHBLOCK 21M.M. 3/2622NDSTREET LOT 8℄LOT 12LOT 7LOT 6LOT 5LOT 4ALLEYN55°12'33"E 45.17' 25.00'N34°40'54"W 84.54 'N34°40'54"W 94.65'N34°40'54"W 94.80'N34°40'53"W 94.94'N55°12'33"E 25.00'N55°12'33"E 25.00' N56°29'39"E 25.00'N56°29'39"E 25.00'14.84' Δ=8 9 ° 4 6 ' 1 2 " R= 1 0 . 0 0 ' L= 1 5 . 6 7 ' N55°32'54"EN34°47'27"WLOT 13AALLEY N55°12'33"E 25.00'N34°47'27"W 139 Avenida NavarroSan Clemente, CA 92672949.492.8586www.toalengineering.com CIVIL ENGINEERINGLAND SURVEYINGSTORMWATER QUALITY NOTE YEAR-ROUND BMP REQUIREMENTS LEGEND EROSION CONTROL BMPs TEMPORARY SEDIMENT CONTROL WIND EROSION CONTROL TRACKING CONTROL WASTE MANAGEMENT AND MATERIALS POLLUTION CONTROL NON-STORMWATER MANAGEMENT 104 T/SLAB=10.00 T/SLAB=10.32 T/SLAB=10.50T/SLAB=10.50 T/SLAB=10.00 NEWPORT BEACHBLOCK 21M.M. 3/2622NDSTREET LOT 8℄LOT 12LOT 7LOT 6LOT 5LOTALLEYN55°12'33"E 45.17' 25.00'N34°40'54"W 84.54'N34°40'54"W 94.65'N34°40'54"W 94.80'N34°40'53"W 94.94'N55°12'33"E 25.00'N55°12'33"E 25.00' N56°29'39"E 25.00'N56°29'39"E 25.00'14.84' Δ=8 9 ° 4 6 ' 1 2 " R= 1 0 . 0 0 ' L= 1 5 . 6 7 ' N55°32'54"EN34°47'27"W ALLEY N55°12'33"E 25.00'N34°47'27"W SECTION CONSTRUCTION NOTES DISPOSITION NOTES 139 Avenida NavarroSan Clemente, CA 92672949.492.8586www.toalengineering.com CIVIL ENGINEERINGLAND SURVEYINGSTORMWATER QUALITY LEGEND DETAIL PERFORATED DRAIN TRENCH PRELIMINARY PLAN NOT FOR CONSTRUCTION UTILITY NOTE: UTILITY NOTE: 105 '$7( 5(9,6,216 2:1(5,1)250$7,21 352-(&767$786 3/$1&+(&.12 .$/086'5,9(68,7(*&267$0(6$&$:::%5$1'21$5&+,7(&76&20 352-(&7&217$&7 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 6) % ;  6) % ;  6) '' ;  6) ;  6) & ;  6) 81,7 & 23(163$&( ( ;  6) (/(9$725/2%%<6) (/(9$725/2%%< & & &  ;  6)  ;  6)  ;  6) & &  ;  6)  ;  6) & ;  6) & ;  6) 81,7 $ 23(163$&( $2 $2  ;  6)  ;  6) $2 ;  6) 81,7 % 23(163$&( %2 %2  ;  6)  ;  6) %2 ;  6) 81,7 $ 23(163$&(6)81,7 % 23(163$&(6) ( ;  6) ) ;  6) & ;  6) 5()23(1$5($3/$16 &$/&8/$7,21$%981,7 & 3529,'('23(1$5($6) 5()23(1$5($3/$16 &$/&8/$7,21$%9 81,7 $ 5(423(1$5($6) 5()23(1$5($3/$16 &$/&8/$7,21$%981,7 % 5(423(1$5($6) 81,7 & 727$/ 5()$3 81,7 % 727$/ 5()$3 81,7 $ 727$/ 5()$3 113 INTENTIONALLY BLANK PAGE114 From:Andrew Gabriel To:Planning Commissioners Subject:SUPPORT 22nd Street Lofts Date:June 07, 2022 7:53:20 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Chair Lowrey and Members of the Newport Beach Planning Commission, I am writing to express my strong support of the 110 Lofts on 22nd Street(PA2022-11). My name is Andrew Gabriel and I have had the pleasure of partnering with the applicant, Mario Marovic, for several years on a few restaurants and properties in the city of Newport Beach. One of the businesses and properties we own is the Dory Deli, located at 2108 ¾ West Oceanfront. As you may know, this is a neighboring lot to the proposed project and your support will make a great impact on the efficiency of my business and the neighboring businesses as well. By approving this project, it will create a community dumpster/trash area that will benefit almost an entire city block. The trash area will be used by the applicant, as well as seven additional businesses that do not currently have any dumpster/trash access. Of course, the project will also beautify the area, bringing in new neighbors and business owners to our community! Having operated a business in this area, I feel strongly that a parking waiver should not be of concern to the commission. During the pandemic, we saw the parking requirements were unnecessary after parking was reduced in order to accommodate the additional outdoor dining. Most people in this area prefer to walk, use bicycles, or shared car services to get to their destination. Thank you for your consideration and please support this project. Sincerely, Andrew Gabriel Evening Star Ln Newport Beach Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) From:John M Curci To:Planning Commissioners Subject:22nd street lofts Date:June 07, 2022 8:21:57 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Chairman Lowrey and Members of the Newport Beach Planning Commission, I am writing to respectfully ask that you support the “22ND STREET LOFTS” (PA2022-008) at your upcoming public hearing on Thursday, June 9th. I am a third-generation resident, property owner and business owner in Newport Beach. My business and home are on the Peninsula near McFadden Square. Our company builds residential/ commercial properties throughout Orange County, with a specialty in the city of Newport Beach. It is privilege working with your commission, city staff and city council because of our aligned mission to make our city a better place to live and work. As residents, landowners and business owners on the Peninsula, we care deeply about the future of our community. Especially, the Peninsula area. I know the Marovic family and have seen the vast investment they have made to McFadden Square over the last 10 years. This project will add upon the many improvements they have already made to the area. Currently, the properties are underused and an eyesore for neighbors. Your support of this project will create a beautiful building that is a much better fit for this location. We should support people like Mario Marovic that have a track record of improving our city. Please vote in support of the project this evening. Thank you. John M. Curci President DBaC, Inc. 101 Shipyard Way, Suite A Newport Beach, CA 92663 PH: 949-723-0147 FX: 949-723-0126 www.dbacinc.com Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) From:Andy Fathollahi To:Planning Commissioners Subject:SUPPORT FOR - PA 2022-011 22nd Street Lofts Date:June 07, 2022 8:28:49 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear City of Newport Beach, My name is Andy Fathollahi and I am resident of Newport Beach and I own a home on Bay Island. I intend to speak at your upcoming planning commission hearing, but if I cannot be there, I wanted to put in writing my support of the 110 Loft projects on 22nd Street. It is an excellent project that complies with the City’s codes and Local Coastal Program. My family and I often walk along the Peninsula near the Newport Beach pier to dine at one of the restaurants and/or enjoy the beach. This was not always the case. My family purchased a home on Bay Island mainly because of the investment Mario Marovic and others have made to renovate McFadden Square and the surrounding areas. In my opinion, this area is becoming a gem for our city and we need to continue to encourage people to reinvest. This project specifically will be removing some of the most run down properties in the city and transforming them into a beautiful project that will not only be a benefit to the community but will encourage others to re-invest as well. Thank you for your time and please support this project. Andy Fathollahi Andy Fathollahi 714-381-4048 Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) From:Troy Phillips To:Planning Commissioners Subject:"PA 2022-011_ 22nd Street Lofts" Date:June 07, 2022 9:06:33 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. To Whom It May Concern: My name is Troy Phillips and I have been a resident in the city of NewportBeach for over 30 years. As a tenant in the residential units next door, I will be one of the most impactedresidents by the 22nd Street Lofts. Site location: 106, 108 and 110 22nd Street. My neighbors and I are all very supportive of this project because the applicantis a model property owner in the city of Newport Beach. Similar to theimprovements he made at the Dory Deli, the Stag Bar, Super Panga, and somany other buildings throughout the area- this project will be a giant win forthe community. Me and my 13 residential neighbors will be directly benefittingfrom the shared dumpster enclosure. Currently we use the dumpster area nextdoor, but it is not on our property and the dumpster use could go away if theproperties were ever sold. We welcome this mixed used building to ourneighborhood and ask that you support the project. Please vote yes on Thursday evening. Thank you, Troy Phillips 2114 ½ West Oceanfront Troy Phillips Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) Founder/owner (949)278-6975 soundsgoodtroy@gmail.com Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) From:Marija Compean To:Planning Commissioners Subject:Local Residents in Support of 22nd Street Lofts Date:June 07, 2022 9:13:29 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear City of Newport Beach Planning Commission, Thank You in advance for taking the time to review my comments. My name is Marija Compean and I am a long term resident and business owner in Newport Beach. Our kids wereraised here and attended local schools and we have been very involved in our local community. I am writing to express my support of the 22nd Street lofts. This project is exciting and we couldn't be more thrilled about it. It is an opportunity for yourcommission to approve more housing in Newport Beach that will be a welcome addition to the surrounding community. Our state is in a housing crisis and over time we believe projects likethis can and do make a difference. This commission has done an excellent job of bringing in additional housing while adding to the unique charm and neighborhood feel we have. Awardwinning projects like 110 Lofts are not only beautifying the area but are also benefiting the surrounding neighborhoods with the wider drive aisle and shared dumpster facility. We should be welcoming to projects like this and the opportunity to bring in more housing andresidents to the City of Newport Beach. Sincerely, Marija Compean Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) From:Nathan Holthouser To:Planning Commissioners Subject:PA 2022-011_ 22nd Street Lofts - Support Date:June 07, 2022 9:36:48 AM Attachments:image001.png [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, I am writing this email in support for the new condo project proposed on 22nd Street. I am a home owner at 106 7th Street on the peninsula. I have reviewed the design and plans, and I believe this is exactly the type of quality that Newport Beach needs. The architect has created an aesthetic and functional design, fitting for a world class location on the oceanfront of Newport Beach. As a business owner who sells multiple commercial properties in Newport Beach every year, I believe this will add value to everyone surrounding it. Residents, business owners, commercial owners, and Newport Beach visitors will all benefit. Every stakeholder that I have talked to about this project is in support of this project. The applicant Mario Marovic has been a model citizen, business owner, and philanthropist for the benefit of Newport Beach. Mario and his family have made significant investments in the community and this would be for their enjoyment. The project will be costly and not many people could justify a project like this, but it is clear the applicant wants this to enjoy with his family and enhance the area. Everything is to code and looks like it will function well with the surrounding buildings and uses. The parking waiver request is more than reasonable given the low number of condo units and the fact that many visitors don’t drive and take advantage of bikes, uber, and public transportation. As a resident I almost never drive locally and always ride my bike. Please approve this project. The applicant should be praised for his efforts and willingness to move forward with this project. Nathan Holthouser President C: 949.229.2273 nathan@coastalcommercial.com BRE License 01838616 www.coastalcommercial.com Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) From:Patrick Redmond To:Planning Commissioners Subject:SUPPORT 22nd STREET LOFTS Date:June 07, 2022 9:39:56 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Newport Beach Planning Commission, My name is Patrick Redmond. My wife Nancy and I are Newport Beach residents and business owners. We have owned PJ’s Surfrider and Boardwalk Sports since1984 and 1990 respectively along with multiple other retail stores in the McFadden Square area. I believe I sold Mario his first skateboard around 1985. Mario was in my store recently buying skateboards for his daughters. PJ’s Surfrider is located next door to the proposed 110 Lofts, on the opposite side of the extremely narrow drive aisle. I also occupy two of the three retail units at the subject property that are proposed to be the new 110 Lofts. My back door literally opens up into the drive aisle. I can tell you from 40 years of experience that the additional two-foot easement to widen the drive will be a huge benefit to the entire block. I have seen thousands of cars over the years struggle with the tight space. Over the past four decades we have seen this area ebb and flow. It has been refreshing to see an enthusiastic entrepreneur like Mario willing to take a financial risk and invest in multiple locations in this area. This vicinity has benefited from someone who understands the culture of Newport Beach, cares about the community and is hands on. Mario continues to exceeded my expectations. My business and many other businesses in the area are actively successful today in tandem with the investment and commitment Mario has made into McFadden Square. Currently, two of my West Oceanfront retail stores do NOT have a dumpster area. We are fortunate that the parking lot next door has allowed us to share their dumpsters over the years. However, if for any reason this project does not get approved and the three properties on 22nd street get sold off separately, then my business and many others in the area will not have any trash or dumpster access whatsoever. Not only is the proposed project a beautiful award-winning design, but it will have a positive impact on the entire area. I respectfully request that you approve the 110 Lofts as proposed. Thank you for your service to our city, Patrick and Nancy Redmond PJ's Surfrider 2122 W. Ocean Front Newport Beach, Ca 92663 Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) From:Zach Leffers To:Planning Commissioners Subject:PA 2022-011 - 22nd Street Lofts - Support Date:June 07, 2022 9:54:47 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Newport Beach Planning Commission, My name is Zach Leffers and my partners and I own Handel’s Homemade Ice Cream directly across the street from the proposed 110 Lofts on 22nd Street. We have been very pleased with the recent improvements made in and aroundMcFadden Square. These improvements gave us the confidence to purchase and renovate the Handel’s property on the corner of 22nd Street and West Oceanfront. The 22nd Street Lofts project will remove three of the most dilapidated properties inNewport Beach and will be replaced with a beautiful award-winning design.Additionally, the applicant is reducing the parking deficiency, which includes adisabled access space that does not currently exist. Over the years I have watched many cars struggle with the tight drive aisle acrossthe street from our property. Cars slow down to a full stop and inch their way in between the two properties. Oftentimes, causing cars to back up onto 22nd streetand block the sidewalk. Adding an additional two feet to the drive aisle will be abenefit to the entire area. As a neighboring business and property owner, I ask that you please support staff’srecommendation and approve this project. Thank you, Zach Leffers M 260.494.2634 Instagram |Twitter |Facebook |Handels.com CA License No. 02033672 Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) From:James Papazis To:Planning Commissioners Subject:Support Mixed Use Project on 22nd Street Date:June 07, 2022 11:16:41 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Chairman Lowrey and Members of the Newport Beach PlanningCommission, My family and I appreciate your public service to this city, as we care deeplyabout this community. We are writing to you in strong support of agenda item 4, 22nd Street Lofts. Newport Beach has given so much to me and my family, Newport is where wehave made a home, where we are raising our children, where my businessstarted, where my wife’s firm is located, and where we have made so manygreat friends. I have witnessed firsthand some of the greatest the city has tooffer, and it is truly a testament to our great city that there are individuals, likethe applicant, who make it their goal to not only improve the city but to giveback. I have had the great honor of serving on the Board of the Ben CarlsonFoundation and on the Board of Governors at the Balboa Bay Resort, and indoing so have had the privilege and joy of getting to see how strong ourcommunity is. The applicant of this project, Mario Marovic is an incredibleasset to our city and exemplifies what it means to be a strong member of ourcommunity. We witnessed this time and time again whether it be in support ofthe Ben Carlson Foundation, or the many other causes he has generouslysupported often without recognition. He is the type of person we should all hope would invest in the future of ourcity. This project is just another example of Mr. Marovic investing in a projectthat will enhance and benefit the entire community. McFadden Square is notonly a landmark of our community, and frequent tourist attraction, but it is alsohome to the statue of our hero Ben Carlson. I along with many others greatlysupport and appreciate any efforts to improve this area. Further we take greatcomfort and confidence knowing that such an effort is being driven by theapplicant because we have seen what he has done all over our community timeand time again. We know and value the applicant’s level of dedication to anyproject he takes on and more importantly his commitment to McFaddenSquare. For instance, the project will expand the existing drive aisle that runs throughMcFadden Square to eleven feet, making it much more accessible and safer forvehicles driving through. The project will also allow several properties in McFadden Square to share a Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) centralized waste removal location. Whereas, currently many of the businessesdo not have any dumpster/trash access. I’ve learned Mr. Marovic allows thesebusinesses to share the existing dumpsters, BUT if this project does not getapproved and the properties are sold off individually, it would be veryproblematic for these businesses. Without approving this project, we are left with a far too narrow drive aisle, theissues of waste access for several businesses and old dilapidated buildings indesperate need of a remodel. I believe this project is an easy decision and on behalf of myself, my wife, andmy family we very much hope that you will support it. Sincerely, James and Shannon Papazis Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) From:Mike Fazzi To:Planning Commissioners Subject:110 Lofts on 22nd Street Date:June 07, 2022 11:44:04 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Chairman Lowrey and Members of the Newport Beach Planning Commission, My name is Michael Fazzi and I am writing to respectfully ask that you support Agenda Item 110 Lofts on 22nd St at your upcoming public hearing on Thursday, June 9th. I am a second-generation resident and commercial property owner on the NewportBeach peninsula. One of my retail centers is located in the heart of McFadden Square. I am very familiarwith this area, as I used to own the property two doors over. I believe that this project will not only benefitthe City of Newport Beach as a whole, but its surrounding neighbors as well. Please vote in support of 110 Lofts. If this project does not get approved the city will lose an opportunity to widen an unsafe drive aisle and solve a trash problem that could get much worse if these properties wereever sold off individually. Thank you,Michael Fazzi1000 W. Oceanfront Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) From:Steven Darden To:Planning Commissioners Subject:22nd Street Lofts support Date:June 07, 2022 12:12:53 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Newport Beach Planning Commission, My name is Steve Darden and I have lived and worked on the Peninsula for over twenty-fiveyears. Like all of my neighbors, we have been enthusiastic with the major renovations over the lastseven years to McFadden Square. Not only has the area improved aesthetically, it has also become a safer place to live and work. We are especially grateful for this because many of myco-workers and neighbors walk to and from their place of business. It goes without saying, but none of this is possible without the investment by local businessowner and Newport resident, Mario Marovic. Whether it is organizing routine beach clean- ups, community events or investing heavily into run-down properties, Mario has made greatstrives to dramatically improve the Peninsula. By combining the three separate lots on 22nd Street into a required mixed use building, thearea will continue to be cleaned up and the city will benefit greatly from generating property and sales tax revenue. As a neighbor that both works and lives nearby, I ask that you please support this project. Thank you, Steve Darden Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) From:Steve Rosansky To:Planning Commissioners Subject:Letter of Support for 22ND STREET LOFTS (PA2022-011) Date:June 07, 2022 1:11:45 PM Attachments:image002.png Letter of Support 22nd Street Lofts.pdf [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners: Please see the attached letter in support of the 22nd Street lofts project. Warm regards, Steve Steve Rosansky President and C.E.O. _________________________________________ Newport Beach Chamber of Commerce The Business and Community Resource______________________________________ 4343 Von Karman Ave., Ste. 150-WNewport Beach, CA 92660 PH: (949) 729-4404 FX: (949) 729-4417 www.NewportBeach.com Click to sign up for eMail updates Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) From:kip parsons To:Planning Commissioners Subject:"PA 2022-011: 22nd Street Lofts - Support" Date:June 07, 2022 1:27:59 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. To: Newport Beach Planning Commission Thank you for taking the time to read my letter. My name is Kip Parsons and I am a resident on Balboa Island. I respectfully request that you vote in favor ofthe project on 22nd Street (PA2022-011). My family and I take the ferry and ride bikes to McFadden Square almost every weekend (even more in the summer) to enjoy the great restaurants and sense of community. We appreciate the improvements that Mario Marovic has made to the McFadden Square area so far. Before Mr. Marovic began to improve this area, my family and friends rarely visited McFadden Square or the Newport Pier area. The proposed project is stunning and meets the high standards of the Newport Beach community. The applicant’s award-winning architect and the applicant himself, both understand the importance of building a top- notch quality project in our city. I have no doubt that the project will enhance the area and serve as a great improvement to the dilapidated properties that currently exist. Additionally, I have also learned the project will dedicate two feet of private property to expand the existing drive aisle in the alley that runs perpendicular to 22nd street. This will create a much safer drive aisle that will neveroccur if this project is not approved. I have driven through this aisle and this alone, is a great benefit for anyone that does not Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) drive a motorcycle or Mini Cooper! I think this project will be a big win for the city and for McFadden Square. Please vote yes in support of this project. Kip Parsons Balboa Island 110 ½ Onyx Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) From:bren k To:Planning Commissioners Subject:PA 2022-011 Support of 22nd street project Date:June 07, 2022 2:08:47 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Newport Beach Planning Commission: My name is Brenna Kean and I live directly behind the proposed 22nd Street project. I have been a resident here for the past three years. My bedroom window faces the rear of the 22nd Street mixed use property. As a resident in the McFadden Square area and one of the closest residents, I will be in full support of the 22nd Street mixed use project. Currently I look out my window and see the dilapidated properties and dumpsters without an enclosure. Not having a dumpster enclosure is bad for our environment with therunoff water. Also, my neighbors and I will be benefitting from the long-term trash enclosure agreementas well as the widened drive aisle. Everyone I have talked to in the community is in full support of this project because the applicant is a model property owner in the city of Newport Beach. This will be a giant win for the entire community. Please vote yes on Thursday evening. Thank you, Brenna Kean 125 McFadden Place Suite #5 Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4a - Additional Materials Received 22nd Street Lofts (PA2022-011) From:Kyle Hansen To:Planning Commissioners Subject:PA 2022-011_ 22nd Street Lofts - Support Date:June 07, 2022 10:07:48 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Newport Beach Planning Commission, My name is Kyle Hansen and I am the founder of the non-profit, Recycle for Veterans. Our organization works to promote natural conservation by empowering veterans to clean ourcommunities. We accomplish this by hosting cleanups in high-impacted areas, uniting localresidents, businesses, active service members, and veterans under the shared values ofsustainability and ecological impact. I am writing to you in support of the applicant, Mario Marovic’s project on 22nd Street. I havewitnessed the unbelievable impact he makes on a community and would encourage any city towelcome him with open arms. I have had the privilege of getting to know Mr. Marovic because of his willingness to partnerwith Recycle for Veterans in an effort to better our environment and the lives of countlessveterans. Through our Eco Warrior Program, we offer benefits and community resources to allservice members and veterans who want to expand their network and serve in equallyimportant ways. You may have seen some of the beach cleans ups we have partnered with Mr.Marovic in front of the proposed project on 22nd Street. I would encourage your Planning Commission to support staff’s recommendation andcontinue to encourage outstanding models like Mr. Marovic to invest in the city of NewportBeach. The building he is proposing is stunning and the jobs that will be created to make it isan opportunity you should not want to pass up. I have been fortunate enough to partner with Mr. Marovic and I encourage the city to do thesame. Please support this project on Thursday evening. Thank you, Kyle Founder Recycle For Veterans -- Kyle Hansen CEO | Founder Recycle For Veterans kyle@recycleforvets.com Planning Commission - June 9, 2022 Item No. 4b - Additional Materials Received 22nd Street Lofts (PA2022-011) 949.235.6497 recycleforvets.com Please consider the environment before printing this e- mail! IMPORTANT: The contents of this email and any attachments are confidential. They are intended for the named recipient(s) only. Ifyou have received this email by mistake, please notify the sender immediately and do not disclose the contents to anyone or makecopies thereof. ‌ Planning Commission - June 9, 2022 Item No. 4b - Additional Materials Received 22nd Street Lofts (PA2022-011) From:Fluter Properties To:Planning Commissioners Subject:Support for 22nd Street Lofts McFadden Village Date:June 08, 2022 7:53:13 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Planning Commissioners, The plan for this property will be a great improvement for 22nd St and the McFadden neighborhood. I’ve been in this neighborhood for a long time and I’m very happy to see this sort of project proceed. I am in full support of this project. Thank you, Russ Fluter (949)466-2037 Planning Commission - June 9, 2022 Item No. 4b - Additional Materials Received 22nd Street Lofts (PA2022-011) From:Matt Meddock To:Planning Commissioners Subject:PA 2022-011 - Support 22nd Street Date:June 06, 2022 1:39:32 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Chair Lowrey and Members of the Newport Beach Planning Commission, I am the owner of Sessions West Coast Deli on the Newport Beach Peninsula. It is a pleasure operating in this city and I appreciate the work each of you do on the planning commission. I am writing this letter in support of your agenda item that will discuss the 22nd Street Lofts. I agree with staff’s recommendation and want to encourage you to vote in favor of the project. It is a beautiful project that will replace three dilapidated lots. Not only will it beautify the area, but the neighbors will benefit from the expanded alley way, the additional parking space and the oversized trash and recycling storage enclosure that the surrounding businesses can share. Furthermore, the applicant has a proven track record in this city. I had the pleasure of meeting Mario Marovic when I opened our first location on the Peninsula in 2014. Mario went out of his way to introduce himself and welcome us to the Newport Beach business community. Over the last several years, I have seen a lot of positive changes to the peninsula. In which, many of these changes were a direct result of Mario’s investment into the McFadden Square buildings, restaurants and community involvement. I attribute much of this success to his willingness to take a financial risk and his understanding of the Newport Beach culture. Thank you for your time and please vote to approve this project on Thursday evening. Thank you in advance, Planning Commission - June 9, 2022 Item No. 4b - Additional Materials Received 22nd Street Lofts (PA2022-011) Matt Meddock | Chief Shaka Giver Phone: 714.457.9747 Email: matt@sessionswcd.com Web: sessionswcd.com Newport Beach | Huntington Beach | Irvine | Fashion Island | Mission Viejo Matthew 9:17 Planning Commission - June 9, 2022 Item No. 4b - Additional Materials Received 22nd Street Lofts (PA2022-011) From:Laura Marroquin To:Planning Commissioners Cc:22nd Street Pizza Subject:22nd Street Lofts Date:June 08, 2022 1:12:18 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, My husband and I are the owners of 22nd Street Pizza (2200 West Oceanfront, Unit B, NB,92663). We are also the owners of Pipeline Snack Shop (2010 West Oceanfront, NB, 92663) . My family & I also own the property at 2010 West Oceanfront and the Bluewater GrillMarina. We have been longtime property and business owners on the Peninsula. I would like to express my support for the 22nd Street Lofts Project going before the commission on Thursday. The project is beautiful will greatly enhance the Newport Pier areaand in my opinion, will not cause any additional parking or density issues. I appreciate that the construction will be self contained as to minimize any disruption to businesses in the area,mine included. Thank you for giving me the opportunity to express my support of this project. Please don’t hesitate to contact me should you have any questions or concerns. Warm Regards,Laura Ursini Marroquin Laura Ursini MarroquinProprietor 22nd Street Pizza 2200 W. Oceanfront Unit BNewport Beach, CA 92663 Store: 949-200-9611M: 949-500-0763 www.22ndstreetpizza.com Planning Commission - June 9, 2022 Item No. 4b - Additional Materials Received 22nd Street Lofts (PA2022-011) 22nd Street Lofts Planning Commission June 9, 2022 Liz Westmoreland, Associate Planner Jim Campbell, Deputy Director Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Construction of new 3-story mixed-use development •3 commercial suites on ground floor •3 residential units on 2nd and 3rd levels Project Overview 2 Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Vicinity Map 3 Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Vicinity Map Blackies Taco Bell Cantina District Lounge 21 Oceanfront 4 Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Existing Development 110 22nd St. Nonconforming Single-Family Dwelling 106-108 22nd St. Mixed-Use Development, including 1 apartment 5 Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Site Plan ALLEY ALLEY22ndSTREETProject Amenities: •2’ alley easement •Communal trash enclosure Parking: 7 residential 3 commercial 6 Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) 7Community Development Department •3 suites of approximately 663 SF •4 bike racks •Bathrooms/utility areas •Glass storefronts 22nd Street Commercial Component 22nd St Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Residential Component 8Community Development Department Unit A (2nd Floor) 1,989 SF 3 bedrooms/4 bathrooms Unit B (2nd Floor) 1,913 SF 3 bedrooms/4 bathrooms Unit C (3rd Floor) 2,807 SF 3 bedrooms/4 bathrooms Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Entitlements •Site Development Review •Mixed-use construction •Height increase from 31’ to 35’ (sloped roofs) •Conditional Use Permit •Waive 7 commercial parking spaces •Coastal Development Permit •Construction in coastal zone and height increase •CCC appeal area •Parcel Map •Merge lots and sell units separately (condominiums) 9Community Development Department Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) SB478 (Wiener) FAR •SB 478 prohibits local governments from imposing a floor area ratio (FAR) of less than 1.0 for housing development projects 3-7 units •Proposed project has an FAR of approximately 1.0, where the MU-W2 zone allows FAR of 0.75 •“SB 478 will be an effective tool to combat our housing shortage by ensuring there is truth in zoning, by allowing the development of 3–10-unit buildings in places already approved for them”. 10Community Development Department Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Height Increase 11Community Development Department Flat Roof Elements •Base height limit: 26 feet for flat roofs (compliant) Sloping Roof Elements •Base height limit: 31 feet •Proposed increase: 35 feet (35.5’ elevator) Findings: •Project amenities •Enhanced architecture •Scale and relationship to adjacent structures •No more floor area Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Project Amenities - Alley 12Community Development Department •2-foot alley easement dedicated to City •Increase width from 9 feet to 11 feet •Increase visibility •Increase maneuverability •Condition of approval for window to see through corner of building Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Project Amenities -Trash Oversized trash enclosure •Minimum 32 SF required vs. 149 SF proposed •Serve surrounding buildings •No existing trash enclosures within the block •Improve water quality •Improve nuisances from odors 13Community Development Department Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Visual Analysis 14Community Development Department •Terraced design with stepbacks from street and alley •Mid-block location with gradual increase from Taco Bell Cantina Building to Blackie’s building •High quality architectural design (wood, glass, stone) •4 times required private open space •No views of water or beach blocked Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Scale Exhibit- Looking South 15Community Development Department Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Scale Exhibit- Looking North 16Community Development Department Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Scale Exhibit- Looking West 17Community Development Department Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Rendering - Daytime 18Community Development Department Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Rendering at Dusk 19 Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Commercial Parking Waiver •Existing conditions: 8-space deficiency •Proposed 7-space waiver •One accessible space proposed •Substantial walk-in traffic •Not a destination use •Physical limitations •Min. FAR for commercial •Parking for residential •Turning radii (no tandem parking) 20Community Development Department Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Parcel Map •Merge 3 underlying legal lots •Each residential unit sold separately •Ground floor commercial under one ownership •Public improvements 21 Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Coastal Development Permit •No public access through site •No views blocked from sidewalks •Additional residential unit provided •No loss of street parking •No curb cuts •Visitor serving or marine related uses within commercial suites •Improves alley access •Improves water quality by updating drainage and providing covered trash areas 22 Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Recommended Action •Conduct a public hearing •Find project categorically exempt under CEQA •Class 3 (New Construction or Conversion of Small Structures) •Class 15 (Minor Divisions of Land) •Approve Resolution with Conditions of Approval 23Community Development Department Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) 24 Questions and Discussion Liz Westmoreland, Associate Planner lwestmoreland@newportbeachca.gov Planning Commission, Public Hearing June 9, 2022 Planning Commission - June 9, 2022 Item No. 4c - Additional Materials Presented at Meeting by Staff 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011) Planning Commission - June 9, 2022 Item No. 4d - Additional Materials Presented at the Meeting by Applicant 22nd Street Lofts (PA2022-011)