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.
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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).
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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
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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
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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
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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
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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.
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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
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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;
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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
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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
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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,
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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;
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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:
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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
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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.
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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
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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.
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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.
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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
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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:
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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:
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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.
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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
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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.
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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:
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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:
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ABSTAIN:
ABSENT:
BY:_________________________
Lee Lowrey, Chairman
BY:_________________________
Curtis Ellmore, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans, 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
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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
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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.
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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
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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.
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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,
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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.
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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.
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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.
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Attachment No. PC 2
Senate Bill SB378
63
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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.
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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.
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(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
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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
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(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
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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
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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.
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(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.
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Attachment No. PC 4
Height Exhibits
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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
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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
95
INTENTIONALLY BLANK PAGE96
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102
45.29' RIDGE2205 W. BALBOA
45.29' TP49.38' TOP ACU2102 W. 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
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4
6
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1
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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
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4
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1
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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:
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INTENTIONALLY BLANK PAGE114
From:Andrew Gabriel
To:Planning Commissioners
Subject:SUPPORT 22nd Street Lofts
Date:June 07, 2022 7:53:20 AM
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)