HomeMy WebLinkAboutPC2022-015 - 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,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.
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Finding:
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).
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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 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
Planning Commission Resolution No. PC2022-015 Page 15 of 35
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. 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.
Planning Commission Resolution No. PC2022-015 Page 16 of 35
3. Condition of Approval No. 64 requires the installation of signage that would prohibit residential parking in the commercial parking spaces
Coastal Development Permit 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.
Planning Commission Resolution No. PC2022-015 Page 17 of 35
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. 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
Planning Commission Resolution No. PC2022-015 Page 18 of 35
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. 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
Planning Commission Resolution No. PC2022-015 Page 19 of 35
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
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
Planning Commission Resolution No. PC2022-015 Page 20 of 35
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: 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.
Planning Commission Resolution No. PC2022-015 Page 21 of 35
Finding:
R. Where feasible, the project will restore and enhance visual quality in visually degraded
areas.
Facts in Support of Finding:
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:
Planning Commission Resolution No. PC2022-015 Page 22 of 35
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.
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.
Planning Commission Resolution No. PC2022-015 Page 23 of 35
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
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
Planning Commission Resolution No. PC2022-015 Page 24 of 35
within the land project; and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area.
Facts in Support of Finding:
1. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this project site is not considered a “land project” as previously
defined in Section 11000.5 of the California Business and Professions Code because
the Project site does not contain 50 or more parcels of land. 2. The Project is not located within a specific plan area.
Finding:
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.
Planning Commission Resolution No. PC2022-015 Page 25 of 35
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:
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.
Planning Commission Resolution No . PC2022-015
Page 26 of 35
PASSED, APPROVED, AND ADOPTED THIS grH DAY OF JUNE, 2022.
AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene and Weigand
NOES: None
ABSTAIN : None
ABS~N::r-__,: ,___,...
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B Y: ~~~~~~~::?-,
Curiis Ellmore, Secretary
Planning Commission Resolution No. PC2022-015 Page 27 of 35
EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor plans, building elevations, and architectural renderings stamped and dated with the date
of this approval (except as modified by applicable conditions of approval).
2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval.
3. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the net
increase of one (1) new dwelling unit for residential, and for the net increase in
commercial floor area in accordance with NBMC Chapter 15.38.
4. Prior to the recordation of the Final Parcel Map, a park dedication fee for one (1) new
dwelling unit shall be paid in accordance with NBMC Chapter 19.52.
5. Prior to the issuance of building permits, any school district fees shall be paid for the
project (if applicable).
6. Prior to issuance of final building permits, the Applicant shall prepare a written disclosure
statement prior to sale, lease, or rental of a residential unit in the proposed mixed-use
development consistent with Section 20.48.130.H (Notification to Owners and Tenants) of
the Municipal Code.
7. Prior to issuance of final building permits, the Applicant shall record a deed notification
with the County Recorder’s Office approved as to form by the Office of the City Attorney
consistent with Section 20.48.130.I (Deed Notification). The deed notification shall state
that the residential units are located in a mixed-use project or in a mixed-use zoning district and that an owner may be subject to impacts, including inconvenience and
discomfort, from lawful activities occurring in the project or zoning district (e.g. noise,
lighting, odors, high pedestrian activity levels, etc.). The Deed Notification shall also
state that the project is located in the vicinity of businesses which feature open decks,
live music, DJs, bands, food service, special events, and guests using nearby parking lots.
8. All mechanical equipment shall be screened in accordance with NBMC Section
20.30.020 (Buffering and Screening). Screening materials shall comply with the Zoning
Code height limit (26 feet for flat roof structures and 35 feet for pitched roof).
9. Prior to issuance of a building permit, a deed restriction approved as to form by the
City Attorney’s Office shall be recorded on the Property that requires the trash
Planning Commission Resolution No. PC2022-015 Page 28 of 35
enclosure to remain available for use by the Property and the properties at 116 22nd Street and 2116-2122 West Ocean Front.
10. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit.
11. All proposed signs are subject to separate review and permit and shall comply with the
provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 12. deleted
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 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.
Planning Commission Resolution No. PC2022-015 Page 29 of 35
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.
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
Planning Commission Resolution No. PC2022-015 Page 30 of 35
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 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.
Planning Commission Resolution No. PC2022-015 Page 31 of 35
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.
Building Division
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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, 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
Planning Commission Resolution No. PC2022-015 Page 33 of 35
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.
Planning Commission Resolution No. PC2022-015 Page 34 of 35
61. All sleeping rooms shall provide emergency escape opening in accordance with CBC 1030.
62. Accessible route from commercial space to the trash enclosure shall be provided. 63. A full building code, accessibility, and structural review will be performed at the time of plan review submittal.
Public Works Department 64. Signage shall be installed in the commercial parking area that prohibits residential parking within the three commercial spaces. Proposed signage shall be subject to
review and approval by the Public Works Department.
65. The commercial suites shall only be occupied by retail, personal service, visitor-service,
and marine-related uses that result in a maximum parking demand of one (1) space per 250 square feet of floor area. A separate parking study and approval of a separate
conditional use permit for a parking waiver would be required for a use with a higher
demand for parking (e.g. 1 space per 200 square feet, etc.).
66. The four (4) on-site bike racks shall be maintained.
67. A Parcel Map shall be recorded. The Map shall be prepared on the California coordinate
system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the
Map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic
file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The
Map to be submitted to the City of Newport Beach shall comply with the City’s
CADD Standards. Scanned images will not be accepted.
68. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments
(one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved
by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project.
69. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
70. An encroachment permit shall be required for all work activities within the public right-
of-way.
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.
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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.