HomeMy WebLinkAbout3.0_Arc Balboa Island_PA2021-276CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
January 5, 2023
Agenda Item No. 3
SUBJECT: Arc Balboa Island (PA2021-276)
▪Conditional Use Permit
▪Coastal Development Permit
SITE LOCATION: 224 Marine Avenue
APPLICANT: 224 Marine Ave, LLC
OWNER: Marine Avenue Holdings, LLC
PLANNER: Benjamin M. Zdeba, AICP, Principal Planner
949-644-3253, bzdeba@newportbeachca.gov
PROJECT SUMMARY
A request to demolish the existing nonresidential building and to construct a new 1,102-
square-foot building to be used as an eating and drinking establishment (restaurant). A
conditional use permit is required to establish and operate the new restaurant and to
waive required off-street parking spaces. The restaurant would operate with 999 square
feet of outdoor dining area and there would be no interior dining area provided. The
application includes the sale and service of alcoholic beverages with a Type 41 (On-Sale
Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) License. The applicant
does not propose to operate with late hours (after 11 p.m.), live entertainment, or dancing.
The project also requires a coastal development permit, as the property is within the
Coastal Zone.
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) 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
and the exceptions to the Class 3 exemption do not apply; and
3)Adopt Resolution No. PC2023-001 approving the Conditional Use Permit and the
Coastal Development Permit submitted and reviewed pursuant to PA2021-276
(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 Water
(MU-W2) Retail sales
NORTH MU-W2 MU-W2
Mixed-use, retail sales,
personal services, and
restaurants
SOUTH MU-W2 MU-W2
Mixed-use, retail sales,
personal services, and
restaurants
EAST Two Unit Residential
(RT)
Residential Balboa Island
(R-BI)
One- and two-family
residential
WEST MU-W2 MU-W2
Mixed-use, retail sales,
personal services, and
restaurants
224 Marine
Avenue
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INTRODUCTION
Project Setting
The subject property is on Balboa Island near the southeastern corner of Balboa Avenue
and Marine Avenue. The lot is 2,250 square feet (0.05 acre) and is improved with a small
nonresidential building currently occupied by a retail sales office use. As is typical of
developments on Marine Avenue, the property lacks the required amount of off-street
parking.
Project Description
The applicant proposes to demolish the existing nonresidential building to construct a new
1,102-square-foot building with 999 square feet of outdoor dining area (i.e., “net public area”)
to be used as a restaurant. There would be no interior enclosed dining area, which will create
a garden-type atmosphere for patrons. The new restaurant building will include a pedestrian-
scale entryway leading to a ground-level open-air customer dining area in front of a kitchen
and a back-of-house area with two restrooms. The building will also feature a prominent
open staircase leading to a second-floor herb garden and dining deck with additional food
preparation and storage area. The applicant’s project description is attached as Attachment
No. PC 2 and the project plans are attached as Attachment No. PC 5. The primary
operational characteristics of the proposed restaurant are highlighted in Table 1 below.
Table 1 – Proposed Restaurant Operations
Gross Floor Area 1,102 sq. ft.
Interior NPA None
Outdoor Dining 999 sq. ft. NPA
Number of Seats 34
Hours of Operation 7 a.m. to 10 p.m., daily
Live Entertainment Not proposed
Dancing Not proposed
ABC License Type Type 41 - Beer and Wine Only, Eating Place
DISCUSSION
Analysis
General Plan
The General Plan Land Use Element categorizes this site as Mixed-Use Water (MU-W2),
which applies to waterfront locations that are intended for marine-related uses that are
intermixed with buildings that provide residential on the upper floors. The site is not
adjacent to Newport Harbor. Implementation of the project would replace an older
nonresidential structure with a new nonresidential structure that would provide a new
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dining opportunity for residents and visitors. While the project does not include residential
use, standalone nonresidential uses are permitted with a floor-area-to-land-ratio (FAR) of
0.5.
The following is a list of notable General Plan policies with which the project is compliant:
• Land Use Element Policy LU 1.1 (Unique Environment). Maintain and enhance the
beneficial and unique character of the different neighborhoods, business districts, and
harbor that together identify Newport Beach. Locate and design development to reflect
Newport Beach’s topography, architectural diversity, and view sheds.
o Balboa Island is predominantly residential with exception of Marine Avenue and
other outlying properties near the Balboa Island Ferry. Marine Avenue serves
as a resident- and visitor-serving business district. Marine Avenue is generally
developed with an eclectic mix of structures that provide an appropriate scale
for pedestrians. Its slower speed encourages pedestrian activity and creates a
uniquely defined destination village in Newport Beach. The project would
remove and replace an older nonresidential structure that is nearing the end of
its economic life. The new structure is described by the applicant as resembling
a classic Balboa Island cottage. It will enhance the pedestrian experience with
outdoor dining areas and landscaping at the front property line.
• Land Use Element Policy LU 2.6 (Visitor Serving Uses). Provide uses that serve
visitors to Newport Beach’s ocean, harbor, open spaces, and other recreational
assets, while integrating them to protect neighborhoods and residents.
o Implementation of the project would provide a new restaurant option for those
living on or visiting Balboa Island. Its smaller footprint and orientation toward
Marine Avenue will help to create harmony between Arc Balboa Island, the
adjacent mixed-use developments with residential units, and the residential
properties surrounding Marine Avenue.
• Land Use Element Policy LU 3.1 (Neighborhoods, Districts, Corridors, and Open
Spaces). Maintain Newport Beach’s pattern of residential neighborhoods, business
and employment districts, commercial centers, corridors, and harbor and ocean
districts.
o The project replaces an existing nonresidential use within a developed and
established business district along Marine Avenue on Balboa Island. The
project will strengthen the visitor-serving nature of Marine Avenue consistent
with the pattern of Balboa Island development and use.
• Land Use Element Policy LU 5.2.2 (Buffering Residential Areas). Require that
commercial uses adjoining residential neighborhoods be designed to be compatible
and minimize impacts through such techniques as: Incorporation of landscape,
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decorative walls, enclosed trash containers, downward focused lighting fixtures,
and/or comparable buffering elements; Attractive architectural treatment of elevations
facing the residential neighborhood; Location of automobile and truck access to
prevent impacts on neighborhood traffic and privacy.
o The project is designed to encourage most activity at the front of the property,
away from the adjacent residential neighborhoods. The rear of the project will
be attractively designed with necessary service components that are integrated
visually into the building, including a new screened and covered trash
enclosure, washout area, and a mechanical equipment room.
• Land Use Element Policy LU 5.3.5 (Pedestrian-Oriented Architecture and
Streetscapes). Require that buildings located in pedestrian-oriented commercial and
mixed-use districts (other than the Newport Center and Airport Area, which are guided
by Goals 6.14 and 6.15, respectively, specific to those areas) be designed to define
the public realm, activate sidewalks and pedestrian paths, and provide “eyes on the
street” in accordance with the following principles: Location of buildings along the
street frontage sidewalk, to visually form a continuous or semi-continuous wall with
buildings on adjacent parcels Inclusion of retail uses characterized by a high level of
customer activity on the ground floor; to insure successful retail-type operations,
provide for transparency, elevation of the first floor at or transitioning to the sidewalk,
floor-to-floor height, depth, deliveries, and trash storage and collection; Articulation
and modulation of street-facing elevations to promote interest and character; Inclusion
of outdoor seating or other amenities that extend interior uses to the sidewalk, where
feasible; and minimization of driveways that interrupt the continuity of street facing
building elevations, prioritizing their location to side streets and alleys where feasible.
o The project places outdoor dining and landscaped garden areas closest to the
Marine Avenue frontage with a Balboa Island cottage-style building behind the
outdoor dining areas. This design is expected to encourage a high level of
customer activity on the ground floor at the street level. While there will be
delineating walls along the Marine Avenue property line, the two-story mass
will be set back to create additional articulation and visual interest.
• Land Use Element Policy LU 5.6.1 (Compatible Development). Require that
buildings and properties be designed to ensure compatibility within and as interfaces
between neighborhoods, districts, and corridors.
o The project replaces an existing nonresidential use within a developed and
established business district along Marine Avenue on Balboa Island. There will
be no parking provided and access to the rear of the property will be limited to
deliveries and waste and recycling pickup. Most of the activity resulting from
Arc Balboa Island will be located at the front of the property nearest Marine
Avenue and away from the surrounding residential neighborhoods.
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• Land Use Element Policy LU 5.6.2 (Form and Environment). Require that new and
renovated buildings be designed to avoid the use of styles, colors, and materials that
unusually impact the design character and quality of their location such as abrupt
changes in scale, building form, architectural style, and the use of surface materials
that raise local temperatures, result in glare and excessive illumination of adjoining
properties and open spaces, or adversely modify wind patterns.
o The applicant describes the project as being designed consistent with a “classic
Balboa Island cottage.” This style of architecture should fit well within the
context of the area while respecting the unique place that is Balboa Island.
Zoning Code
The property is in the Mixed-Use Water (MU-W2) Zoning District, which applies to
waterfront locations that are intended for marine-related uses that are intermixed with
general commercial, visitor-serving commercial, and residential dwelling units on the
upper floors. The site is not located on the waterfront and is well suited for the intended
use given the visitor-serving character of Marine Avenue.
Restaurants are consistent with this intent and are included as an allowed use, subject to
the approval of a use permit consistent with Table 2-9 of Section 20.22.020 (Mixed-Use
Zoning Districts Land Uses and Permit Requirements) of the NBMC. As the project does
not propose late hours, which is defined as beyond 11 p.m., a minor use permit should
be required. However, given the smaller lot width and depth, resulting smaller lot size,
and limited access from a 10-foot alley, the applicant is requesting to waive all required
off-street parking.
Pursuant to Section 20.40.0110 (Adjustments to Off-Street Parking Requirements),
required off-street parking may be reduced with the approval of a conditional use permit.
Alcohol Sales
The proposed restaurant requests to operate with a Type 41 (On-Sale Beer and Wine –
Eating Place) State Department of Alcoholic Beverage Control (ABC) License. To
authorize the sale and service of alcoholic beverages, the Planning Commission must
first make a finding of consistency with Section 20.48.030 (Alcohol Sales) of the NBMC.
As part of the application review, the Newport Beach Police Department (NBPD) has
prepared a memorandum (Attachment No. PC 3) with the required factors and crime
statistics to help evaluate the following required considerations:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
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Reporting District Part One Crimes
(Serious offenses)
Part Two Crimes
(All other offenses)
Total Crime Count
RD 42 (Subject) 33 45 78
RD 41 64 85 149
RD 43 19 21 40
RD 44 103 163 266
Newport Beach 1,789 3,222 5,011
The property is in Reporting District 42 (RD 42). The crime rate in RD 42 is less than the
City average and less than adjacent RDs 41 and 44, but higher than adjacent RD 43. It
is generally considered a lower crime area as compared to other reporting districts with
commercial uses. RD 42’s Crime Count is 50, which is 50 percent below the Citywide
crime count average of 101. As such, there is no undue concentration for this area. In
comparison, the neighboring RD 41 is 26 percent above the Citywide average, RD 44 is
111 percent above the Citywide average, and RD 43 is 64 percent below the Citywide
average.
ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
The calls for service and number of arrests in RD 42 are less than neighboring RDs 41
and 44, but higher than RD 43. RD 43 is bound by East Coast Highway to the north,
Avocado Avenue to the east, the harbor to the south, and Jamboree Road to the west. It
is almost completely residential. The highest volume crime in RD 42 is simple assault and
the highest volume arrest in the area is driving under the influence or “DUI.” Driving under
the influence and public intoxication make up 26 percent of all arrests in this RD. This is
just below the Citywide average of approximately 27 percent. However, the area is
considered one of the more attractive tourist areas in the City, which results in a higher
number of alcohol-related calls for service, crimes and arrests.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
The nearest residential zoning district to the property is the Residential Balboa Island (“R-
BI”) Zoning District, which begins immediately east across the 10-foot-wide alley.
Although the R-BI District is proximate to the property, the project orients toward the
heavily traveled Marine Avenue. Marine Avenue is flanked on both fronts by properties
that are zoned as MU-W2 (i.e., “nonresidential”) that are developed with commercial uses
and some residential units on the upper levels. Since there is no parking located onsite
to serve the property, it is not expected that patrons will access the alley from the
restaurant. Furthermore, the 11 p.m. closing hour will help to ensure patrons are not
lingering in the area into the later hours of the night.
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The nearest place of worship is Saint John Vianney Chapel located at 314 Marine
Avenue, approximately 280 feet due north of the property. The property and Saint John
Vianney Chapel are separated by Balboa Avenue, a 40-foot right-of-way, and eight
intervening developed properties.
The project is not in proximity to a daycare center, park, recreational facility, school, or
similar uses that attract minors. The proposed alcohol sales and service are not expected
to be detrimental to the community because of the proximity to any sensitive land uses,
especially with all recommended NBPD conditions of approval incorporated in Exhibit “A.”
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
Eleven other establishments along Marine Avenue currently have active on-sale ABC
Licenses, most of which are bona fide eating and drinking establishments and are not
defined as bars, lounges, or nightclubs by the NBMC. The closest location is the New
Shanghai Pine Garden restaurant, which is approximately 75 feet due north of the
property across Balboa Avenue.
Two locations along Marine Avenue currently have active off-sale ABC Licenses. The
closest location is the Americannery at 304 Marine Avenue, approximately 130 feet due
north of the property. The Irvine Ranch Market at 200 Marine Avenue, approximately 300
feet due south of the property. Both establishments are smaller markets that offer alcohol
sales for off-site consumption.
The project’s proximity to other establishments selling alcohol does not raise concern due
to the characteristics of the use, which is limited to 999 square feet of net public area. The
proposed hours of operation are from 7 a.m. to 10 p.m., daily. Conditions of approval will
further prevent the establishment from operating as a bar or lounge.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
The subject property has historically been developed with a commercial building occupied
by various retail tenants. There is no evidence that suggests the proposed commercial
use will create objectionable conditions with the operational characteristics of the
proposed restaurant.
The project has been reviewed and conditioned to ensure that the purpose and intent of
Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy
environment for residents and businesses is preserved. The service of alcohol is intended
for the convenience and enjoyment of customers dining at the establishment. Operational
conditions of approval recommended relative to the sale of alcoholic beverages will
ensure compatibility with the surrounding uses and minimize any alcohol related impacts.
As conditioned, the owners, managers, and employees selling alcohol are required to
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undergo and successfully complete a certified training program in responsible methods
and skills for selling alcohol.
Required Off-Street Parking and Requested Reduction
Per NBMC Section 20.40.040 (Off-Street Parking Spaces Required), parking required for
restaurant uses may range from a rate of one space per 30 square feet to one space per
50 square feet of interior NPA based on physical and operational characteristics of the
proposed restaurant.
The project is a typical restaurant use for which a parking rate of one space per 40 square
feet of NPA is most appropriate. Therefore, since the restaurant is proposed to have a
maximum of 999 square feet of NPA, 25 parking spaces should be required (999 / 40 =
25); however, given the smaller lot width and depth, resulting smaller lot size, and limited
access from a 10-foot-wide alley, the applicant is requesting to waive all required off-
street parking pursuant to Subsection 20.40.110(B) (Reduction of Required Off-Street
Parking) of the NBMC.
Subsection 20.40.110(B) allows a reduction in required off-street parking subject to the
approval of a conditional use permit when the applicant has provided sufficient data to
indicate that parking demand will be less than the required number of spaces and a
parking management plan is prepared in compliance with NBMC Section 20.40.110(C)
(Parking Management Plan).
A parking study from November 14, 2022, was prepared by Urban Crossroads (study)
and is attached as Attachment No. PC 4. The study references the City’s 2008 Balboa
Island Parking Policy Plan, which identifies Balboa Island as a dense community of
residential and commercial uses with a limited parking supply and a high parking demand.
This Policy Plan recommends encouraging alternative modes of transportation. The study
evaluates survey data from four existing restaurants on Balboa Island. These are Ciao
Balboa with 68 interior seats, Royal Hen with 60 interior seats, Snipe Island Crafthouse
with 48 interior seats and two outdoor seats, and Wilma’s Patio with 150 interior seats
and 20 outdoor seats. All the referenced restaurants do not have any on-site parking and
are reliant on the existing on-street parking supply or other modes of transit, such as
public transportation, carpooling, bicycling, or walking. As demonstrated by the survey
data, employees and patrons frequently use widely available alternative modes of
transportation.
The study concludes that there is no off-street parking available, which is typical of
commercial uses along Marine Avenue. Parking is provided in the general area on public
streets. In compliance with NBMC Subsection 20.40.110(C), a parking management plan
has been prepared to help partly offset some the lack of parking. Employees are
encouraged to park off Balboa Island, carpool, bicycle, or walk through an incentive
program. By not providing parking, it encourages patrons to use other means of
transportation to the site; ridesharing services, carpooling, walking and bicycling are very
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common on Marine Avenue. Any increased use of street parking in the area by employees
or patrons is expected to go unnoticed given the high demand for on-street parking.
The study was reviewed by the City’s Traffic Engineer and its methodology was accepted
as reasonable with a condition of approval in place to regulate employee parking and
transportation to the site.
Conditional Use Permit Findings
Pursuant to Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of
the NBMC, the Planning Commission must make the following findings to approve a
conditional use permit:
1. The use is consistent with the General Plan and any applicable specific plan;
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity;
4. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities; and
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
The property is in the Mixed-Use Water (MU-W2) Zoning District, which allows
restaurants, subject to the approval of a use permit consistent with Table 2-9 of Section
20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) of the
NBMC. The project does not propose late hours (beyond 11 p.m.), live entertainment, or
dancing.
Commercial uses, including restaurants, are common along Marine Avenue and serve
visitors and residents. As conditioned, the project will be compatible with the land uses
permitted within the surrounding neighborhood. Implementation of the project will result
in a new building that is constructed specifically for the restaurant. The site will maintain
access from Marine Avenue and the alley to the rear.
The project is adjacent to residential dwelling units to the rear across the alley and abuts
a mixed-use development with a residential unit above to the north. The project includes
a sound-dampening wall on both sides that will help to attenuate the property, limiting
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noise and helping to maintain compatibility. Furthermore, all patrons must vacate the
restaurant by the designated closing time. The earlier closing hour will help to ensure the
use remains compatible with the surrounding neighborhood.
The NBPD has reviewed the project and has no objections. The operational conditions of
approval recommended by the NBPD related to the sale of alcoholic beverages will help
ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The
project has been conditioned to ensure the welfare of the surrounding community.
Local Coastal Program
The subject property is categorized Mixed-Use Water Related (MU-W) by the Coastal Land
Use Plan and is in the Mixed-Use Water (MU-W2) Coastal Zoning District. The MU-W and
MU-W2 are intended to apply 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 site is not on the waterfront, and it is not suitable for water-
oriented uses. The proposed restaurant is considered a visitor-serving commercial use that
is consistent with the stated intent and is listed as an allowed use in Table 21.22-2 of Section
21.22.020 (Mixed-Use Coastal Zoning Districts Land Uses and Permit Requirements) of the
NBMC. Marine Avenue is a visitor-serving area, and the proposed project is compatible with
the area.
Although the use is allowed, the project includes the demolition of the existing nonresidential
building and the construction of the new nonresidential building and is, therefore, considered
“development.” Since the property is located in the Coastal Commission’s Appeal Area, a
coastal development permit is required and the property is not eligible for a waiver for de
minimis development.
The proposed nonresidential building will conform to all applicable development standards
with exception of the amount of required off-street parking, as described in a previous
section. The building’s compliance is illustrated in Table 1 below.
Table 2 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 0 feet 0 feet
Sides 0 feet 0 feet
Rear 10 feet 10 feet
Allowable Floor Area (max.) 1,125 square feet 1,102 square feet
Parking (min.) 25 off-street spaces 0 off-street spaces
Height (max.) 26-foot flat roof
31-foot sloped roof
26-foot flat roof
31-foot sloped roof
Waste and Recycling Areas (min.) 16 square feet (trash)
16 square feet (recycling)
16 square feet (trash)
16 square feet (recycling)
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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 a building
permit. Permit issuance is also contingent on the inclusion of design mitigation identified in
the investigations. Construction plans are reviewed for compliance with approved
investigations and CBC prior to building permit issuance.
The project design will address water quality with a construction erosion control plan and a
post-construction drainage system that includes drainage and percolation features designed
to retain dry weather runoff and minor rain event runoff on-site. Any water not retained on-
site is directed to the City’s storm drain system. The project provides a covered washout
area that drains to the public sewer system.
The property is located between the nearest public road and the sea or shoreline. Section
21.30A.040 of the NBMC 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. In this case, the project replaces an existing nonresidential building with a new
nonresidential building. Therefore, the project continues a commercial land use that will not
result in increased demand for public access and recreation opportunities. Furthermore, the
project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede
existing public access opportunities.
As demonstrated in Figure 1 below, access to the waterfront is available along the Grand
Canal less than 100 feet east of the property, along Balboa Avenue, and along the public
Balboa Island Walkway approximately 830 feet south of the site. The project does not
include any features that would obstruct access along these routes. The project provides
the minimum 10-foot rear alley setback thereby not impeding alley access.
Figure 1, Designated coastal access in the vicinity of the project site.
224 Marine
Avenue
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The nearest designated Coastal Viewpoint to the property is on the Park Avenue Bridge,
approximately 400 feet southeast. The property is not visible from the Park Avenue Bridge
since there is an intervening block of residential development between the Bridge and the
property. The nearest designated Coastal View Road is Bayside Drive continuing onto the
Balboa Island Bridge. The property is not discernible from these roads given there is an
entire block of development between it and the roads. The project complies with all
applicable Local Coastal Program (LCP) development standards provided the parking
reduction request is supported by facts and is approved. The project also maintains a
building envelope consistent with the existing neighborhood pattern of development. The
designated views are depicted in Figure 2 below.
Figure 2, Designated coastal viewpoints in the vicinity of the project site.
The front and rear of the proposed nonresidential building contain substantial architectural
treatment and visual interest, in-keeping with the design guidelines of the Zoning Code.
The new structure would comply with the required setbacks. There are open decks on the
second floor in the front of the Property that provide modulation and prevent the
appearance of the site from being walled off from the street. Therefore, the project does
224 Marine
Avenue
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not have the potential to degrade the visual quality of the Coastal Zone or result in
significant adverse impacts to existing public views.
Summary and Alternatives
Staff believes all findings for approval can be made. The proposed restaurant will not
operate with late hours (after 11 p.m.), live entertainment, or dancing, and the NBPD has
provided appropriate conditions of approval to help prevent negative impacts to the
surrounding neighborhood. The subject property is on Marine Avenue, which is highly
traveled by residents and visitors alike. Most properties on Marine Avenue are developed
without required parking. Allowing the proposed restaurant with no off-street parking will
provide an opportunity to reenergize the property and the area with a new visitor-serving
commercial use. Given the small lot size, there is no viable opportunity to provide the
required off-street parking. Patrons will naturally be encouraged to take alternative modes
of transportation like ridesharing, carpooling, bicycling, or walking. All facts in support of
the required findings and all recommended conditions of approval are presented in the draft
resolution (Attachment No. PC 1).
The following alternatives are available to the Planning Commission should they feel the
facts are not in evidence of support for the project application:
1. The Planning Commission may require changes to the project to alleviate any
concerns related to the design or the ability to make the required findings. If the
changes are substantial, the item should be continued to a future meeting to allow
the applicant to make the necessary adjustments and to allow staff to prepare a
revised resolution incorporating new findings and/or conditions; or
2. If the Planning Commission believes that there are insufficient facts to support the
findings for approval, the Planning Commission may deny the application and provide
facts in support of denial and allow staff to prepare a revised resolution for denial of
the project.
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) 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 Class 3 (New Construction or Conversion of Small Structures) exemption includes
the demolition and construction of limited numbers of new, small facilities or structures,
including a restaurant or similar structure not involving the use of significant amounts of
hazardous substances, and not exceeding 2,500 square feet in floor area. The project
involves demolition of a small existing nonresidential building and the construction of a
new 1,102-square-foot nonresidential building with a 999-square-foot outdoor dining area
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to be used as a restaurant. The cumulative square footage of the use is 2,101 square
feet, which is less than allowed by the Class 3 exemption.
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.
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.
Prepared by: Submitted by:
_____________________
Benjamin M. Zdeba, AICP
Principal Planner
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions of Approval
PC 2 Applicant’s Project Description and Justification
PC 3 Police Department Memorandum with Statistics
PC 4 Parking Study
PC 5 Project Plans
01/12/18
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Attachment No. PC 1
Draft Resolution with Findings and
Conditions of Approval
19
INTENTIONALLY BLANK PAGE20
RESOLUTION NO. PC2023-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL
DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT TO
DEMOLISH AN EXISTING NONRESIDENTIAL STRUCTURE AND
TO CONSTRUCT A NEW FOOD SERVICE, EATING AND
DRINKING ESTABLISHMENT WITH A TYPE 41 (BEER AND
WINE – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL
LICENSE WITH NO LATE HOURS, AND WAIVE THE REQUIRED
OFF-STREET PARKING FOR THE PROPERTY LOCATED AT 224
MARINE AVENUE (PA2021-276)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by 224 Marine Ave, LLC (“Applicant”), with respect to property
located at 224 Marine Avenue, and legally described as Lot 13 of Block 11 in Section 4 of
Balboa Island, in the City of Newport Beach, County of Orange, State of California, as per
map recorded in Book 7, Page 37 of Maps, in the office of the County Recorder of said
Orange County (“Property”), requesting approval of a coastal development permit and
conditional use permit.
2. The Applicant proposes to demolish an existing nonresidential structure and construct a
new 1,102-square-foot structure to be used as a food service, eating and drinking
establishment (hereafter referred to as a “restaurant” or “Arc Balboa Island”). The 1,102
square feet would be programmed as the back-of-house area with restrooms, a kitchen,
and required storage areas. The restaurant would operate with 999 square feet of
outdoor dining area and there would be no interior dining area provided. Alcohol sales
and service are proposed with a Type 41 (On-Sale Beer and Wine – Eating Place) license
issued by the State Department of Alcoholic Beverage Control (“ABC”). The proposed
hours of operation are from 7 a.m. to 10 p.m., daily. Given the small 2,250-square-foot lot
and its limited access, the Applicant is also requesting a waiver of all required off-street
parking (“Project”).
3. The Property is located within the Coastal Zone. The Coastal Land Use Plan category is
Mixed-Use Water Related (MU-W) and it is located within the Mixed-Use Water (MU-W2)
Coastal Zoning District. The Project is “development” as defined in Section 21.70.020
(Definitions of Specialized Terms and Phrases) of the Newport Beach Municipal Code
(“NBMC”). Therefore, a coastal development permit is also required for the Project in
accordance with Section 21.52.015 (Coastal Development Permits) of the NBMC.
4. The Property is categorized Mixed-Use Water 2 (MU-W2) by the General Plan Land Use
Element and is located within the Mixed-Use Water (MU-W2) Zoning District.
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5. A public hearing was held on January 5, 2023, in the City Council Chambers at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the public
hearing was given in accordance with California Government Code Section 54950 et
seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the
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. The Project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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.
2. The Class 3 (New Construction or Conversion of Small Structures) exemption includes
the demolition and construction of limited numbers of new, small facilities or structures,
including a restaurant or similar structure not involving the use of significant amounts of
hazardous substances, and not exceeding 2,500 square feet in floor area. The Project
involves demolition of a small existing nonresidential structure and the construction of a
new 1,102-square-foot nonresidential structure with a 999-square-foot outdoor dining
area to be used as a restaurant. The cumulative square footage of the use is 2,101
square feet, which is less than allowed by the Class 3 exemption.
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.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the NBMC,
the following findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol
Sales).
Facts in Support of Finding:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
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1. The Property is in Reporting District 42 (“RD 42”). The crime rate in RD 42 is less
than the City average and less than adjacent RDs 41 and 44, but higher than
adjacent RD 43. It is generally considered a lower crime area as compared to other
reporting districts with commercial uses. RD 42’s Crime Count is 50, which is 50
percent below the Citywide crime count average of 101. As such, there is no undue
concentration for this area. In comparison, the neighboring RD 41 is 26 percent
above the Citywide average, RD 44 is 111 percent above the Citywide average, and
RD 43 is 64 percent below the Citywide average.
2. The Newport Beach Police Department (“NBPD”) has reviewed the Project. Based
on the location, operational characteristics, and closing hour of 11 p.m., they have
no objection to establishing a new Type 41 (On-Sale Beer and Wine – Eating Place)
alcoholic beverage license, subject to the recommended conditions of approval,
which are all incorporated into Exhibit “A.”
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. The calls for service and number of arrests in RD 42 are less than neighboring RDs
41 and 44, but higher than RD 43. RD 43 is bound by East Coast Highway to the
north, Avocado Avenue to the east, the harbor to the south, and Jamboree Road to
the west. It is almost completely residential.
2. The highest volume crime in RD 42 is simple assault and the highest volume arrest
in the area is driving under the influence or “DUI.” Driving under the influence and
public intoxication make up 26 percent of all arrests in RD 42. This is just below the
Citywide average of approximately 27 percent. However, the area is considered one
of the more attractive tourist areas in the City, which results in a higher number of
alcohol-related calls for service, crimes and arrests.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1. The nearest residential zoning district to the Property is the Residential Balboa Island
(R-B) Zoning District, which begins immediately east across the 10-foot-wide alley.
Although the R-BI District is proximate to the Property, the Project orients toward the
heavily traveled Marine Avenue. Marine Avenue is flanked on both fronts by
properties that are zoned as MU-W2 (i.e., “nonresidential”) that are developed with
commercial uses and some residential units on the upper levels. Since there is no
parking located onsite to serve the Property, it is not expected that patrons will
access the alley from the restaurant. Furthermore, the 11 p.m. closing hour will help
to ensure patrons are not lingering in the area into the later hours of the night.
2. The nearest place of worship is Saint John Vianney Chapel located at 314 Marine
Avenue, approximately 280 feet due north of the Property. The Property and Saint
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John Vianney Chapel are separated by Balboa Avenue, a 40-foot right-of-way, and
eight intervening developed properties.
3. The Project is not in proximity to a daycare center, park, recreational facility, school,
or similar uses that attract minors. The proposed alcohol sales and service are not
expected to be detrimental to the community because of the proximity to any
sensitive land uses, especially with all recommended NBPD conditions of approval
incorporated in Exhibit “A.”
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. Eleven (11) other establishments along Marine Avenue currently have active on-sale
ABC Licenses, most of which are bona fide eating and drinking establishments and
are not defined as bars, lounges, or nightclubs by the NBMC. The closest location is
the New Shanghai Pine Garden restaurant, which is approximately 75 feet due north
of the Property across Balboa Avenue.
2. Two (2) locations along Marine Avenue currently have active off-sale ABC Licenses.
The closest location is the Americannery at 304 Marine Avenue which is
approximately 130 feet due north of the Property and the Irvine Ranch Market at 200
Marine Avenue, which is approximately 300 feet due south of the Property. Both
establishments are smaller markets that offer alcohol sales for off-site consumption.
3. The Project’s proximity to other establishments selling alcohol does not raise
concern due to the characteristics of the use, which is limited to 999 square feet of
net public area. The proposed hours of operation are from 7 a.m. to 10 p.m., daily.
Conditions of approval will further prevent the establishment from operating as a bar
or lounge.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. No objectionable conditions are presently occurring at the Property. The Property
has historically been used for retail sales uses.
2. The Project has been reviewed and conditioned to ensure that the purpose and intent
of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy
environment for residents and businesses is preserved. The service of alcohol is
intended for the convenience of customers dining at the establishment. Operational
conditions of approval recommended relative to the sale of alcoholic beverages will
ensure compatibility with the surrounding uses and minimize any alcohol related
impacts.
3. As conditioned, the owners, managers, and employees selling alcohol are required
to undergo and successfully complete a certified training program in responsible
methods and skills for selling alcohol.
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Conditional Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits –
Findings and Decision) of the NBMC, the following findings and facts in support of such findings
are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1. The General Plan Land Use Element categorizes this site as Mixed-Use Water (MU-
W2), which applies to waterfront locations that are intended for marine-related uses that
are intermixed with buildings that provide residential on the upper floors. Implementation
of the Project would replace an older nonresidential structure with a new nonresidential
structure that would provide a new dining opportunity for residents of and visitors to
Balboa Island. While the Project does not include residential and is not explicitly
discussed in the intended uses for the Mixed-Use Water (MU-W2), standalone
nonresidential uses are permitted with a floor-area-to-land-ratio (“FAR”) of 0.5.
2. The Project is consistent with the following General Plan Land Use policies, applicable
to the Project:
a. Land Use Element Policy LU 1.1 (Unique Environment). Maintain and
enhance the beneficial and unique character of the different neighborhoods,
business districts, and harbor that together identify Newport Beach. Locate
and design development to reflect Newport Beach’s topography, architectural
diversity, and view sheds.
Balboa Island is predominantly residential with exception of Marine Avenue
and other outlying properties near the Balboa Island Ferry. Marine Avenue
serves as a resident- and visitor-serving business district. Marine Avenue is
generally developed with an eclectic mix of structures that provide an
appropriate scale for pedestrians. Its slower speed encourages pedestrian
activity and creates a uniquely defined destination village in Newport Beach.
The Project would remove and replace an older nonresidential structure that
is nearing the end of its economic life. The new structure is described by the
Applicant as resembling a classic Balboa Island cottage. It will enhance the
pedestrian experience with outdoor dining areas and landscaping at the front
Property line.
b. Land Use Element Policy LU 2.6 (Visitor Serving Uses). Provide uses that
serve visitors to Newport Beach’s ocean, harbor, open spaces, and other
recreational assets, while integrating them to protect neighborhoods and
residents.
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Implementation of the Project would provide a new restaurant option for those
living on or visiting Balboa Island. Its smaller footprint and orientation toward
Marine Avenue will help to create harmony between Arc Balboa Island, the
adjacent mixed-use developments with residential units, and the residential
properties surrounding Marine Avenue.
c. Land Use Element Policy LU 3.1 (Neighborhoods, Districts, Corridors,
and Open Spaces). Maintain Newport Beach’s pattern of residential
neighborhoods, business and employment districts, commercial centers,
corridors, and harbor and ocean districts.
The Project replaces an existing nonresidential use within a developed and
established business district along Marine Avenue on Balboa Island. The
Project will strengthen the visitor-serving nature of Marine Avenue consistent
with the pattern of Balboa Island development and use.
d. Land Use Element Policy LU 5.2.2 (Buffering Residential Areas). Require
that commercial uses adjoining residential neighborhoods be designed to be
compatible and minimize impacts through such techniques as: Incorporation
of landscape, decorative walls, enclosed trash containers, downward focused
lighting fixtures, and/or comparable buffering elements; Attractive
architectural treatment of elevations facing the residential neighborhood;
Location of automobile and truck access to prevent impacts on neighborhood
traffic and privacy.
The Project is designed to encourage most activity at the front of the Property,
away from the adjacent residential neighborhoods. The rear of the Project will
be attractively designed with necessary service components that are
integrated visually into the building, including a new screened and covered
trash enclosure, washout area, and a mechanical equipment room.
e. Land Use Element Policy LU 5.3.5 (Pedestrian-Oriented Architecture and
Streetscapes). Require that buildings located in pedestrian-oriented
commercial and mixed-use districts (other than the Newport Center and
Airport Area, which are guided by Goals 6.14 and 6.15, respectively, specific
to those areas) be designed to define the public realm, activate sidewalks and
pedestrian paths, and provide “eyes on the street” in accordance with the
following principles: Location of buildings along the street frontage sidewalk,
to visually form a continuous or semi-continuous wall with buildings on
adjacent parcels Inclusion of retail uses characterized by a high level of
customer activity on the ground floor; to insure successful retail-type
operations, provide for transparency, elevation of the first floor at or
transitioning to the sidewalk, floor-to-floor height, depth, deliveries, and trash
storage and collection; Articulation and modulation of street-facing elevations
to promote interest and character; Inclusion of outdoor seating or other
amenities that extend interior uses to the sidewalk, where feasible; and
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minimization of driveways that interrupt the continuity of street facing building
elevations, prioritizing their location to side streets and alleys where feasible.
The Project places outdoor dining and landscaped garden areas closest to
the Marine Avenue frontage with a Balboa Island cottage-style building behind
the outdoor dining areas. This design is expected to encourage a high level
of customer activity on the ground floor at the street level. While there will be
delineating walls along the Marine Avenue property line, the two-story mass
will be set back to create additional articulation and visual interest.
f. Land Use Element Policy LU 5.6.1 (Compatible Development). Require
that buildings and properties be designed to ensure compatibility within and
as interfaces between neighborhoods, districts, and corridors.
The Project replaces an existing nonresidential use within a developed and
established business district along Marine Avenue on Balboa Island. There
will be no parking provided and access to the rear of the Property will be
limited to deliveries and waste and recycling pickup. Most of the activity
resulting from Arc Balboa Island will be located at the front of the property
nearest Marine Avenue and away from the surrounding residential
neighborhoods.
g. Land Use Element Policy LU 5.6.2 (Form and Environment). Require that
new and renovated buildings be designed to avoid the use of styles, colors,
and materials that unusually impact the design character and quality of their
location such as abrupt changes in scale, building form, architectural style,
and the use of surface materials that raise local temperatures, result in glare
and excessive illumination of adjoining properties and open spaces, or
adversely modify wind patterns.
The Applicant describes the project as being designed consistent with a
“classic Balboa Island cottage.” This style of architecture should fit well within
the context of the area while respecting the unique place that is Balboa Island.
3. The Property is not a part of a specific plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other applicable
provisions in the Zoning Code and Municipal Code.
Facts in Support of Finding:
1. The Property is in the Mixed-Use Water (MU-W2) Zoning District, which applies to
waterfront locations that are intended for marine-related uses that are intermixed with
general commercial, visitor-serving commercial, and residential dwelling units on the
upper floors. Restaurants are allowed uses, subject to the approval of a use permit
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consistent with Table 2-9 of Section 20.22.020 (Mixed-Use Zoning Districts Land Uses
and Permit Requirements) of the NBMC. As the Project does not propose late hours,
which is defined as beyond 11 p.m., a minor use permit should be required. However,
given the smaller lot width and depth, resulting smaller lot size, and limited access from
a 10-foot alley, the Applicant is requesting to waive all required off-street parking.
Pursuant to Section 20.40.0110 (Adjustments to Off-Street Parking Requirements),
required off-street parking may be reduced with the approval of a conditional use permit.
2. Pursuant to Sections 20.50.040 (Application Preparation and Filing) and 21.40.040 (Off-
Street Parking Spaces Required) of the NBMC, parking required for restaurant uses
may range from a rate of one space per 30 square feet to one space per 50 square feet
of interior NPA based on physical and operational characteristics of the proposed
restaurant. A parking rate of one space per 40 square feet of NPA is appropriate to apply
to the restaurant based on the following location and operational characteristics of the
proposed use: 1) there is no presence of pool tables, televisions, or other attractions; 2)
the restaurant closes by 10 p.m., daily; and 3) walk-up traffic is expected since it is
located on the densely populated Balboa Island, close to the harbor.
Finding:
D. 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. Commercial uses, including restaurants, are common along Marine Avenue and serve
visitors and residents. As conditioned, the Project will be compatible with the land uses
permitted within the surrounding neighborhood.
2. Implementation of the Project will result in a new building that is constructed specifically
for the restaurant. The site will maintain access from Marine Avenue and the alley to the
rear.
3. The Project is adjacent to residential dwelling units to the rear across the alley and abuts
a mixed-use development with a residential unit above to the north. The project includes
a sound-dampening wall on both sides that will help to attenuate the Property, limiting
noise and helping to maintain compatibility. Furthermore, all patrons must vacate the
restaurant by the designated closing time. The earlier closing hour will help to ensure
the use remains compatible with the surrounding neighborhood.
4. The NBPD has reviewed the Project and has no objections. The operational conditions
of approval recommended by the NBPD related to the sale of alcoholic beverages will
help ensure compatibility with the surrounding uses and minimize alcohol-related
impacts. The Project has been conditioned to ensure the welfare of the surrounding
community.
5. The Project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible.
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Finding:
E. 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 Project is a smaller 1,102-square-foot nonresidential structure with 999 square feet
of outdoor dining area on a 2,250-square-foot lot. There is no curb cut along Marine
Avenue. Vehicular access is only provided by way of the 10-foot-wide alley to the rear
of the Property. The design, size, location, and operating characteristics of the use are
compatible with the surrounding neighborhood.
2. If approved, the Applicant will be required to obtain approval of the Orange County Health
Department prior to opening for business. The Project must comply with the California
Building Code, the California Fire Code, and all other applicable laws and ordinances to
ensure the safety and welfare of customers and employees within the establishment.
3. The Project has been reviewed by the City’s Public Works Department and Fire
Department. Adequate public and emergency vehicle access, public services, and
utilities are provided to the Property. Any additional utilities upgrades required for the
new construction will be required at plan check for the building permit.
4. The tenant improvements to the Property will be reviewed to comply with all Building,
Public Works, and Fire Codes. All City ordinances and all conditions of approval will be
complied with.
Finding:
F. 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.
Fact in Support of Finding:
The Project has been reviewed and includes conditions of approval to help ensure that potential
conflicts with the surrounding land uses are minimized to the greatest extent possible.
Adjustment to Off-Street Parking Requirements
In accordance with Sections 20.40.110 (Adjustments to Off-Street Parking Requirements) and
21.40.110 (Off-Site Parking) of the NBMC, the following conditions and facts in support of such
conditions are set forth:
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Finding:
G. 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. Fact 2 of Finding B is hereby incorporated by reference.
2. A parking study from November 14, 2022, was prepared by Urban Crossroads (“study”).
The study references the City’s 2008 Balboa Island Parking Policy Plan, which identifies
Balboa Island as a dense community of residential and commercial uses with a limited
parking supply and a high parking demand. This Policy Plan recommends encouraging
alternative modes of transportation. The study evaluates survey data from four existing
restaurants on Balboa Island. These are Ciao Balboa with 68 interior seats, Royal Hen
with 60 interior seats, Snipe Island Crafthouse with 48 interior seats and two outdoor
seats, and Wilma’s Patio with 150 interior seats and 20 outdoor seats. All the referenced
restaurants do not have any on-site parking and are reliant on the existing on-street
parking supply or other modes of transit, such as public transportation, carpooling,
bicycling, or walking. As demonstrated by the survey data, employees and patrons
frequently use widely available alternative modes of transportation.
3. The study was reviewed by the City’s Traffic Engineer and its methodology was
accepted as reasonable with a condition of approval in place to regulate employee
parking and transportation to the site.
4. As conditioned, employees of the restaurant will be encouraged to park off Balboa
Island, carpool, bicycle, or walk through an employer incentive program.
Finding:
H. A parking management plan shall be prepared in compliance with subsection (C) of this
section (Parking Management Plan).
Fact in Support of Finding:
As indicated in Facts 2, 3, and 4 in Finding G, the study concludes that there is no off-street
parking available, which is typical of commercial uses along Marine Avenue. However, in
compliance with NBMC Subsection 20.40.110(C) (Adjustments to Off-Street Parking
Requirements – Parking Management Plan), a parking management plan has been prepared
to help offset some of the site’s inadequate parking supply. Employees are encouraged to park
off Balboa Island, carpool, bicycle, or walk through an incentive program. By not providing
parking, it also encourages patrons to use other means of transportation to the site; ridesharing
services, carpooling, walking and bicycling are very common on Marine Avenue. Any increased
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use of street parking in the area by employees or patrons is expected to go unnoticed given
the pre-existing high demand for on-street parking.
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:
I. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Property is in the Coastal Zone and the Project requires a coastal development
permit in accordance with Section 21.52.035(C)(2) (Projects Exempt from Coastal
Development Permit Requirements – Coastal Act Exemptions – Other Existing
Structures) of the NBMC to allow the demolition of the existing nonresidential building
and the construction of the new restaurant building.
2. The Property is categorized Mixed-Use Water Related (MU-W) by the Coastal Land Use
Plan and is in the Mixed-Use Water (MU-W2) Coastal Zoning District. The MU-W and
MU-W2 are intended to apply 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 site is not on the waterfront, and it is not suitable
for water-oriented uses. The proposed restaurant is considered a visitor-serving
commercial use that is consistent with the stated intent and is listed as an allowed use
in Table 21.22-2 of Section 21.22.020 (Mixed-Use Coastal Zoning Districts Land Uses
and Permit Requirements) of the NBMC. Marine Avenue is a visitor-serving area, and
the Project is compatible with the area.
3. The Property is not located adjacent to a coastal view road or public access way. The
Project is located on a site with an existing nonresidential building, complies with all
applicable Local Coastal Program (LCP) development standards, and maintains an area
consistent with the existing pattern of development on Balboa Island. Additionally, the
Project does not contain any unique features that could degrade the visual quality of the
Coastal Zone.
4. The Project is complementary to the area and it will offer a new dining option for both
residents of and visitors to Balboa Island.
5. Development authorized by this permit is not located in any environmentally sensitive
habitat area (“ESHA”) and public access to the coast will not be blocked. Coastal access
is increased by allowing commercial establishments to re-open allowing public to visit
coastal areas and provides an added amenity for visitors. The Project does not contain
ESHA, wetlands, or sandy beach area.
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Finding:
J. 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.
Facts in Support of Finding:
1. The Property is located between the nearest public road and the sea or shoreline. Section
21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC 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. In this case, the project replaces
an existing nonresidential building with a new nonresidential building. Therefore, the
Project continues a commercial land use that will not result in increased demand for public
access and recreation opportunities. Furthermore, the Project is designed and sited
(appropriate height, setbacks, etc.) so as not to block or impede existing public access
opportunities.
2. Access to the waterfront is available along the Grand Canal less than 100 feet east of the
Property, along Balboa Avenue, and along the public Balboa Island Walkway
approximately 830 feet south of the site. The Project does not include any features that
would obstruct access along these routes. The Project provides the minimum 10-foot rear
alley setback thereby not impeding alley access.
3. The nearest designated coastal viewpoint to the Property is on the Park Avenue Bridge,
approximately 400 feet southeast. The Property is not visible from the Park Avenue Bridge
since there is an intervening block of residential development between the Bridge and the
Property. The nearest designated coastal view road is Bayside Drive continuing onto the
Balboa Island Bridge. The Property is not discernible from these roads given there is an
entire block of development between it and the roads. The Project complies with all
applicable development standards as set forth in Title 21 (Local Coastal Program
Implementation Plan) and maintains a building envelope consistent with the existing
neighborhood pattern of development.
4. The front and rear of the proposed nonresidential building contain substantial
architectural treatment and visual interest, in-keeping with the design guidelines of Title
20 (Planning and Zoning) of the NBMC. The new structure would comply with the
required setbacks. There are open decks on the second floor in the front of the Property
that provide modulation and prevent the appearance of the site from being walled off
from the street. 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.
32
Planning Commission Resolution No. PC2023-001
Page 13 of 19
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 California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction and Conversion of Small Structures) 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.
2. 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.
3. The Planning Commission of the City of Newport Beach hereby approves PA2021-276,
subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated
by reference.
4. 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 Community
Development Director in accordance with the provisions of Title 21 (Local Coastal Program
Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the
Coastal Commission in compliance with Section 21.64.035 (Appeals to the Coastal
Commission) of the NBMC and Title 14 California Code of Regulations, Sections 13111
through 13120, and Section 30603 of the California Public Resources Code.
PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF JANUARY, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
, Chair
BY:_________________________
Mark Rosene, Secretary
33
Planning Commission Resolution No. PC2023-001
Page 14 of 19
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 and building elevations 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. 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.
4. The Coastal Development Permit and Conditional Use Permit, as referenced under
PA2021-276, shall expire unless exercised within 24 months from the date of approval as
specified in Sections 20.54.060 and 21.54.060 (Time Limits and Extensions) of the NBMC,
unless an extension is otherwise granted.
5. The Coastal Development Permit and Conditional Use Permit may be modified or
revoked by the Planning Commission should they determine that the Project 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 to constitute a public nuisance.
6. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review and approval of the Planning
Division. If changes are determined to be significant, an amendment to this Conditional
Use Permit or the processing of a new Conditional Use Permit may be required.
7. The hours of operation for the restaurant shall be from 7 a.m. to 10 p.m., daily. All
patrons must vacate the patio by these designated times.
8. There shall be no live entertainment or dancing at any time.
9. All employees of the restaurant shall be encouraged to: (1) park off Balboa Island, (2)
carpool, (3) bicycle, or (4) walk. The Applicant will provide incentives to those employees
who commit to using one or more of these four enumerated transportation alternatives
on a consistent basis.
34
Planning Commission Resolution No. PC2023-001
Page 15 of 19
10. 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.
11. The Property 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.
12. 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.
13. All noise generated by the Project shall comply with the provisions of Chapter 10.26
(Community Noise Control) and other applicable noise control requirements of the
NBMC. 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 AM
and 10 PM
Between the hours of 10
PM and 7 AM
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
14. 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.
15. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the NBMC, which restricts hours of noise-generating construction
activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday
through Friday, and 8 a.m. and 6 p.m. on Saturday.
16. No outside paging system shall be utilized in conjunction with the outdoor dining patio.
17. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
35
Planning Commission Resolution No. PC2023-001
Page 16 of 19
18. 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.
19. 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 5 feet of the premises.
20. 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 (Water and Sewers) of the NBMC, including all future
amendments (including Water Quality related requirements).
21. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and
9 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.
22. 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.
23. 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.
24. 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 Arc Balboa Island (PA2021-276). 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
25. Automatic fire sprinklers shall be required for all new construction.
36
Planning Commission Resolution No. PC2023-001
Page 17 of 19
Building Division
26. 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. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
27. 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.
28. 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
fertilizers or pesticides, and the diversion of storm water away from potential sources of
37
Planning Commission Resolution No. PC2023-001
Page 18 of 19
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.
Public Works Department
29. All required landings and handrails shall be located entirely on the Property. No portion
of the required landings and handrails shall project into the public right-of-way.
30. All damaged curb, gutter, and sidewalk along the Marine Avenue frontage shall be
reconstructed pursuant to the applicable City Standards. All damaged alley panels along
the Project frontage shall also be constructed pursuant to the applicable City Standards.
Police Department
31. The applicant shall comply with all federal, state, and local laws, and all conditions of
the Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the use permit.
32. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every
3 years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. Records of each owner’s manager’s and employee’s successful completion
of the required certified training program shall be maintained on the premises and shall
be presented upon request by a representative of the City of Newport Beach.
33. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the NBMC.
34. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
35. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
36. There shall be no dancing allowed on the premises.
38
Planning Commission Resolution No. PC2023-001
Page 19 of 19
37. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
38. There shall be no reduced-price alcoholic beverage promotions after 9 p.m.
39. Food service shall be made available to patrons until closing.
40. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or
any other form of admission charge, including minimum drink orders or the sale of drinks.
41. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
42. “VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the sale
of drinks is prohibited (excluding charges for prix fixe meals).
43. The applicant shall maintain a security recording system with a 30-day retention and make
those recording available to police upon request.
44. 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, and debris from
the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall
be removed within 48 hours of written notice from the City.
45. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
46. Strict adherence to maximum occupancy limit is required.
39
INTENTIONALLY BLANK PAGE40
Attachment No. PC 2
Applicant’s Project Description and
Justification
41
INTENTIONALLY BLANK PAGE42
ARC Balboa Island
224 Marine Ave | Newport Beach California | 92662
October 19, 2022
Project Description
To: City of Newport Beach Planning Department Project: ARC Balboa Island – 224 Marine
Avenue
We are happy to present to the City of Newport Beach an exciting new full-service restaurant
project, ARC Balboa Island, to be located at 224 Marine Avenue. The proposed project will re-
quire the existing building to be demolished and proposes to construct a petite 1,102 sq. ft.
building. This building will be set towards the rear of the premises, and will resemble a classic
Balboa Island “cottage”. This cottage will serve as a backdrop for ARC Balboa Island’s most
unique feature; outdoor space in the style of a garden and serving as ARC Balboa Islands’s al-
fresco dining patio. The cottage will house the restaurant’s kitchen and prep areas, as well as
two ADA accessible restrooms. The full-service restaurant will be outdoor seating only on the
first floor patio and a smaller second floor deck, no indoor seating is proposed. Given the
compact 2,250 s.f. lot area, on-site parking is infeasible. Included with our application is an al-
ternate site plan showing the impracticable nature of on-site parking and parking study inter-
views with Marine Avenue restaurants of similar size and nature.
The proposed project’s styling is an homage to summer on Balboa Island. The “cottage” and
outdoor dining patio will resemble a nostalgic Balboa Island front porch and we hope to serve
as Marine Avenue’s “front porch” for residents and visitors. The unexpected site plan enhances
the Balboa Island community by replacing the dilapidated premises with a new building that
will increase accessibility and will further beautify Marine Avenue.
The proposed project, ARC Balboa Island, will be a reiteration of its sister concept, ARC Butch-
er & Baker, which is a local’s favorite on the Balboa Peninsula. ARC Butcher & Baker’s outdoor
dining patio has operated in harmony with the Cannery Village district and has become a
beloved amenity to visitors, travelers and the local community. ARC Balboa Island hopes to
bring the same sense of community that ARC Butcher & Baker has brought to Cannery Village
through its approachable new American fare and its relaxing outdoor patio.
The goals and objectives of the Conditional Use Permit will be to enhance and serve the New-
port Beach residential, commercial and office districts by providing healthy, fresh and farm-to
table meals to the community.
43
PROJECT DESCRIPTION
Reminiscent of the traditional European garden, ARC Balboa Island will offer Balboa Islanders
and visitors a unique way to dine; on our quaint al-fresco patios. The al-fresco patios are the
highlight of the property and will feature flowering succulents and whimsical drought tolerant
plants. A second story dining patio with herb garden will serve as additional seating and offers
table shade for patio seating below. An architectural element of the second story deck is win-
dow into the second story kitchen which wine bottles will be displayed, but will not be accessi-
ble by guests. The second story dining area will constitute an open air garden with fountain
and seven additional tables. ARC Balboa Island will not allow parties larger than 6 guests at
any time, and will stop seating tables one hour prior to close. As further discussed below, the
property will have two CMU walls along the property lines to mitigate noise concerns and light
concerns. The inset patio will create an inviting environment that will enhances the sophistica-
tion of Balboa Island, but in a relaxed and casual way. Along Marine Avenue, the patio will have
a “secret garden feel” with tall and lush planters and trees, offering privacy and coverage to
our guests. Our sister patio at ARC Butcher & Baker has been described as one of the most
beautiful outdoor spaces on the Balboa Peninsula, and we plan to create a similar sense of un-
derstated elegance and bring a new sense of community to Balboa Island.
The outdoor landscaping plan includes planters, potted plants and will feature drought tolerant
flowering succulents. The patio has trench drainage plan at both the Marine Avenue side, as
well as, in the rear of the premises on the alley way. Our proposed drainage plan will ensure
that there will be no run off from plant watering or cleaning. The drainage plan will be consis-
tent with the all applicable drainage requirements.
Our proposed outdoor patio will increase accessibility for visitors and locals. Our proposed
project offers both an ADA ramp and separate stair exit for guests to Marine Avenue. Addi-
tionally, for accessibility to the second floor dining area, there will be a ADA accessible LULA
lift for visitors. Currently, the existing building at 224 Marine Avenue is not ADA compliant and
is not accessible to all visitors.
Throughout the last three years, our sister restaurant, ARC Butcher & Baker has assisted in revi-
talizing an underutilized and disconnected village, ARC has propagated the Cannery Village
district into a cohesive neighborhood with life at every turn. Our proposed on-site beer and
wine is congruent with many other businesses on Marine Avenue. In addition to being similar in
use to other surrounding businesses, our unique site-plan will further mitigate noise, glare and
unwanted views to nearby residents as the outdoor patio seating will be paralleled by two ta-
pered CMU walls that exceed the proposed building height, each side by a minimum of 2’-6”.
The tapered CMU walls range from 18’-8” at the lowest height to 24’-0” at the highest height.
The highest section of the CMU walls is 2’-6” above the building height, and at the first floor
patio, 18’-8” above ground level. In an effort to further mitigate sound from the second story
deck, the wall extends out 2’-6” past the edge of the deck at the height of 24’-0”. This height
protects the adjacent ADU unit from view of the guests and the ADU unit from unwanted noise
and glare. These CMU walls enshroud the two-story cottage for the full length of the property
44
and offers an attractive block for both glare and noise reduction. The CMU walls on each side
of the lot will mitigate glare, inhibit light pollution and offer a sound block. No loitering will be
permitted on the premises /or Marine Avenue before or after normal business hours. There will
be no live entertainment or dancing which will further support noise compatibility. Our pro-
posed business hours are also conducive to the current hours kept by other businesses and es-
tablishments on Marine Avenue, especially in this mixed-use zoning.
Due to ARC Balboa Island’s proximity to hotels, residences, short-term rentals, seasonal rentals,
businesses and waterways, we believe that our proposed project will not only increase accessi-
bility and community, but offers a glimpse of the future for the commercial areas of Balboa Is-
land. In other high density, mixed-use, urban areas, parking requirements often diminish de-
spite the increase in density / population. Although there may be an increase in density / popu-
lation, there is also a decrease distance for commuting, as residents adapt to a village lifestyle,
where they walk and use alternate means of transportation. Many of our existing staff members
live near the location and plan to walk or bike to work. We have seen a change in the way visi-
tors, residents and locals have moved to alternative transportation via electric bicycles, bikes,
uber/lyft, walking, and of course, in true Newport Beach fashion, via Duffy.
Project Parameters:
a.Lot Area = 2,250 s.f.
b.Lot Width = 30’-0”
c.Lot Depth = 75’-0”
d.Setbacks: Front = 0’-0”
1.Rear = 10’-0” from property line to trash enclosure
2.Rear = 00-’” from the property line to the proposed building
3.Side (s) = 2”
e.Gross Floor Area = 1,102 s.f. (45’-4” x 29’-8”)
f.Floor Area Ratio = 1,102 / 2,250 = 48.9%
g.Lot Coverage = 1,980 / 4,175.9 = 48.7%
h.Building Height = 24’-1” to top of parapet
i.Net Public Area = 999 s.f. / 2,250 sq. ft. 44%
j.Parking = 0 Van HC Stall + 0 Standard Stalls = 0 Stalls
45
k.Number of Employees = 4 Max at one time. For example; 2 cooks, 1 manager, 1 server.
l.Number of Indoor Seats = 0 seats
Number of Outdoor Seats = 34 – minimum of 5% of seats ADA accessible
m.Dwelling Units = Not Applicable
n.Hours of Operation 7am to 10pm
o.Use = Full Service Restaurant
p.Alcohol Service = Type-41 On-site Beer and Wine. ABC Type-41 is defined as, (Restau-
rant) Authorizes the sale of beer and wine for consumption on or off the premises where
sold. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use
solely for cooking purposes). Must operate and maintain the licensed premises as a bona
fide eating place. Must maintain suitable kitchen facilities, and must make actual and sub-
stantial sales of meals for consumption on the premises. Minors are allowed on the
premises.
Our proposed project is consistent with the General Plan land use designation applicable to
the site.
The Use is allowed within applicable Zoning District and complies with all other applicable pro-
visions of the Zoning Code, Municipal code and Local Coastal Program.
Our project is similar in operation to existing neighborhood takeout establishments, cafés and
restaurants. Our total number of parking stalls is 0. We are requesting a full parking waiver for
the proposed project. We have prepared a parking study with Urban Crossroads and inter-
viewed surrounding establishments such as Royal Hen, Ciao and Snipe Island. The findings of
the parking study interviews supports a full waiver, as these establishments have 0 parking stalls
and have operated for years in harmony with the surrounding neighborhood. The parking
study shows that employees will either ride bikes, walk, or carpool to work, as most, if not all
establishments on Marine Avenue do no offer parking of any kind. The parking study and inter-
views with neighboring restaurants show that employees will adapt to the community and have
found alternate means of transportation and limited additional cars on Marine Avenue and the
surrounding areas. The parking study interviews also suggest that guests, most of whom are
locals, walk from their homes, use electric or standard bikes, carpool, and responsibly use ride
share apps. Very few travel in single vehicles, most vehicles traveling onto the Island are car-
pool.
Our project is compatible and is suitable in terms of design, location, shape, size, operating
characteristics, and the provisions of public and emergency vehicles (e.g. fire and medical ac-
cess) and public services / utilities. Our project has two access entrances/exits off of Marine Av-
enue on the front of the building and one access off of the Alley in the rear of building.
46
Our proposed project is compatible with the surrounding community and is suitable in terms of
the operation and location. Our proposed project is not in any form detrimental to the harmo-
nious and orderly growth of the City. Our project is not a hazard to the public convenience,
health interest, safety or general welfare of persons residing or working in the neighborhood of
proposed use. Our project has 7am to 10pm as the operational hours.
Our proposed project provides a clear and accessible path of travel to all building occupants
and customers for dine-in. Our trash enclosure is outside of the City required 10’ setback to
Alley property line. Our intention is to blend in with the existing neighborhood while enhancing
and serving the existing Balboa Island residential, commercial and office districts.
Thank you,
Marin Howarth Blom
(714) 350-0853
224 Marine Ave, LLC.
425 30th Street #26 Newport Beach, CA 92663
47
48
Attachment No. PC 3
Police Department Memorandum with
Statistics
49
INTENTIONALLY BLANK PAGE50
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Patrick Achis, Associate Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: October 19, 2022
SUBJECT: Arc Balboa Island
224 Marine Avenue
PA2021-276
At your request, the Police Department has reviewed the project application for a new
establishment, Arc Balboa Island located at 224 Marine Avenue, Newport Beach. The applicant
has requested a new use permit and a Type 41 ABC License (On-Sale General – Beer and Wine).
Statistical Data and Public Convenience or Necessity
Attached is a summary report which provides detailed statistical information related to alcohol
establishments in and around the applicant’s proposed place of business at 224 Marine Avenue.
Business and Professions Code §23958.4 finds “undue concentration” for an applicant premises
in two ways: 20% higher crime (with an alcohol nexus) in a Reporting District as compared to
the City-wide average, or an over saturation of alcohol licenses in a census tract compared to
the county.
Crime Statistics
The Police Department divides the City into areas referred to as Reporting Districts. This allows
the Police Department to compile statistical data, as well as better communicate officer locations
while policing. The proposed applicant location is within Reporting District (RD) 42 which
encompasses Balboa Island.
Per Business and Professions Code §23958.4, the Police Department is required to report
offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft,
and motor vehicle theft (all Part I crimes), combined with all arrests for other crimes, both felonies
and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control
(ABC). These figures make up the “Crime Count” which is indicated on the attached statistical
data form.
RD 42’s Crime Count is 50, 50% below the City-wide crime count average of 101. Therefore,
there is no undue concentration for this area. In comparison, neighboring RD 41 is 26% above
the City-wide average, RD 43 is 64% below the City-wide average and RD 44 is 111% over the
average. Of 38 reporting districts in Newport Beach, we reported 12 to ABC as high crime areas.
51
Arc Balboa Island
PA2021-276
2
The highest volume crime in this area is simple assault. The highest volume arrest in the area is
driving under the influence.
DUI, Public Intoxication, and liquor law violations make up 26% of arrests in this reporting district.
In comparison, the figure for neighboring RD 41 is 10%, RD 43 is 28% and RD 44 is 24%.
This location does not meet the legal criteria for undue concentration pertaining to crime (B&P
§23958.4).
Alcohol License Statistics
The standard which ABC utilizes to identify an area over-saturated with alcohol licenses is
outlined in Business and Professions Code §23958.4. A reporting district is classified as having
“undue concentration” when there is a higher retail license to resident ratio than that of the
county.
The applicant premise is located within census tract 630.06. This census tract has an
approximate population of 2,490 residents with 10 active on-sale alcohol licenses. That is a per
capita ratio of 1 on-sale license for every 249 residents. Per the Business and Professions code,
we compare this per capita ratio to Orange County’s off-sale per capita ratio of 1 license for every
822 residents and we find there is undue concentration in this area.
This location meets the legal criteria for undue concentration pertaining to alcohol licenses (B&P
§23958.4).
Discussion and Recommendations
The Police Department has no concerns with this project. The following or similar conditions
would be appropriate for the business:
1. The Alcoholic Beverage Control License shall be limited to a Type 41 (On-Sale Beer and
Wine). Any substantial change in the ABC license type shall require subsequent review
and potential amendment of the Use Permit.
2. The applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the use permit.
3. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every 3
years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. Records of each owner’s manager’s and employee’s successful completion of
52
Arc Balboa Island
PA2021-276
3
the required certified training program shall be maintained on the premises and shall be
presented upon request by a representative of the City of Newport Beach.
4. The eating and drinking establishment shall close no later than 11:00 p.m.
5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
6. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all times maintain records, which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the
licensed business. These records shall be kept no less frequently than on a quarterly basis
and shall be made available to the Police Department on demand.
7. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
8. There shall be no live entertainment or dancing allowed on the premises.
9. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
10. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
11. Food service from the regular menu shall be made available to patrons until closing.
12. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or any
other form of admission charge, including minimum drink orders or the sale of drinks.
13. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money collected
as a door charge, cover charge or any other form of admission charge is prohibited.
14. “VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the sale of
drinks is prohibited (excluding charges for prix fixe meals).
15. Strict adherence to maximum occupancy limits is required.
16. The applicant shall maintain a security recording system with a 30-day retention and make
those recording available to police upon request.
17. 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, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
53
Arc Balboa Island
PA2021-276
4
18. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the
exterior shall constitute a violation of this condition.
19. Strict adherence to maximum occupancy limit is required.
20. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. 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.
If you have any questions as to the content of this memorandum, please contact Investigator
Wendy Joe at (949) 644-3705 or wjoe@nbpd.org.
Wendy Joe
Police Civilian Investigator, Special Investigations Unit
54
CITATIONS
PART I
CRIMES
PART II
CRIMES
CRIME
RATE
HIGHEST
VOLUME
ALL
ARRESTS
DUI
ALCOHOL
PUBLIC
INTOXICATION LIQUOR LAW HIGHEST
VOLUME
ALCOHOL
RELATED
224 Marine Ave.3 0 0 N/A N/A 0 0 0 0 N/A 1
Subject RD:
RD42 1,833 33 45 1,181.95 SIMPLE
ASSAULT 23 4 2 0 DUI 2
Adjacent RD:
RD41 2,011 64 85 3,881.14 BIKE THEFT 76 14 8 0 DRUG-RELATED &
DUI 1
Adjacent RD:
RD43 913 19 21 803.04 VANDALISM 18 3 2 0 DRUG-
RELATED 1
Adjacent RD:
RD44 6,546 103 163 3,666.79 BURG/THEFT
FROM AUTO 144 18 16 1 DRUG-RELATED 13
Newport Beach 97,176 1,789 3,222 2,063.58 BURG/THEFT
FROM AUTO 2,959 511 285 4 DRUG-
RELATED 449
Subject:
Population ON-SALE
Licenses
ON-SALE License
Per Capita
OFF-SALE
Licenses
OFF-SALE License
Per Capita
TOTAL RETAIL
LICENSES
TOTAL RETAIL
LICENSES PER
CAPITA Subject:
CRIME
COUNT
DIFF FROM
AVG
%DIFF FROM
AVG
224 Marine Ave.N/A 0 N/A 0 N/A 0 N/A 224 Marine Ave.0 N/A N/A
Subject Census
Tract: 630.06 2,490 10 249 3 830 13 192 Subject RD:
RD42 50 -51 -50%
Adjacent Census
Tract: 630.05 1,447 7 207 3 482 10 145 Adjacent RD:
RD41 127 +26 +26%
Adjacent Census
Tract: 627.01 2,667 11 242 2 1,334 13 205 Adjacent RD:
RD43 36 -65 -64%
Adjacent Census
Tract: 627.02 4,515 15 301 5 903 20 226 Adjacent RD:
RD44 213 +112 +111%
Newport Beach 86,694 279 311 66 1,314 345 251 Newport
Beach 3,852
Orange County 3,186,989 3,876 822 1,842 1,730 5,718 557
Summary for Arc Balboa Island at 224 Marine Ave. (RD42)
Subject:
DISPATCH
EVENTS
ACTIVE RETAIL ABC LICENSES
ARRESTS
This report reflects City of Newport Beach data for 2021. Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report - Homicide, Rape, Robbery, Aggravated Assault, Burglary, Larceny, Auto Theft, and Arson. Crime
Rate refers to the number of Part I Crimes per 100,000 people. All Population figures taken from the 2020 US Census. Per BP 23958.4, the "ABC Crime Count" is the sum of Part I Crime plus Part II Arrests.
RD Average = 101
ABC CRIME COUNT
REPORTED CRIMES
CHIEF JON T. LEWIS
Newport Beach Police Department
2021 Crime and Alcohol-Related Statistics
as of 6/29/2022
55
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Attachment No. PC 4
Parking Study
57
INTENTIONALLY BLANK PAGE58
14332-04 Parking Evaluation
November 14, 2022
Mrs. Marin Howarth Blòm
224 Marine Ave LLC
425 30th Street, #26
Newport Beach, CA 92663
224 MARINE AVENUE PARKING EVALUATION
Mrs. Marin Howarth Blòm,
We are pleased to submit the following Parking Evaluation for the 224 Marine Avenue (referred
to as “Project”). The Project is located at 224 Marine Avenue in the City of Newport Beach, as
shown on Exhibit A.
EXHIBIT A: LOCATION MAP
59
Mrs. Marin Howarth Blòm
224 Marine Ave LLC
November 14, 2022
Page 2 of 6
14332-04 Parking Evaluation
INTRODUCTION
The Project consists of a proposed 1,102 square foot (sf) two-story building with a 999 sf outdoor
dining area (total area = 2,101 sf). The first floor includes a dining area (approximately 34 seats),
kitchen, restroom, storage, and utilities. The second floor includes areas for prep and storage.
The total public area includes 999 sf of public space (first floor dining area = 616 sf and second
floor deck = 383 sf) and includes an estimated occupancy load of 71 occupants.
EXHIBIT B: SITE PLAN
PARKING REQUIREMENTS
To demonstrate that adequate parking supply exists to serve the Project, this parking assessment
provides a review of the City of Newport Beach Municipal Code parking requirements and an
estimate of the peak parking demands. Section 20.40.040 of the City of Newport Beach Municipal
Code describes the parking requirements for specific land uses, including restaurant land uses.
According to the Municipal Code use descriptions, the Project land use is best described under
“Food Service with/without alcohol, with/without late hours.”
Table 1 provides a summary of the applicable City of Newport Beach Municipal Code parking
requirements. For restaurants, the City of Newport Beach Municipal Code requires 1 space per
30-50 square feet (SF) of net public area, including outdoor dining areas exceeding 25% of the
interior net public area or 1,000 SF, whichever is less. Per Section 20.40.030(E) of the City of
Newport Beach Municipal Code, “Net public area” shall be defined as the total area accessible to
the public within an eating and/or drinking establishment, excluding kitchens, restrooms, offices
pertaining to the use, and storage areas.
60
Mrs. Marin Howarth Blòm
224 Marine Ave LLC
November 14, 2022
Page 3 of 6
14332-04 Parking Evaluation
TABLE 1: CITY OF NEWPORT BEACH MUNICIPAL CODE PARKING REQUIREMENTS
Use Parking Rate
Food Service with/without alcohol,
with/without late hours
1 per 30 – 50 sq. ft. of net public area,
including outdoor dining areas exceeding 25%
of the interior net public area or 1,000 sq. ft.,
whichever is less.
Using the City of Newport Beach Municipal Code parking rates, it is possible to calculate the
parking requirements for the Project. As shown on Table 2, the existing building requires 20 – 33
spaces.
TABLE 2: MUNICIPAL CODE PARKING SPACE REQUIREMENTS
Condition Net Public
Area1
Parking
Rate2
Required
Parking
Meets
Requirement
Proposed 999 sf 1 per 30-50 sf 20 – 33 spaces No
1 Based on October 19, 2022 Site Plan prepared by Pacific Coast Architects.
2 Based on the City of Newport Bach Municipal Code section 20.40.040 Parking requirements for specific
land uses.
ADJUSTMENTS TO OFF-STREET PARKING REQUIREMENTS
Section 20.40.110 Adjustments to Off-Street Parking Requirements of the City of Newport Beach
Municipal Code allows for the reduction of parking spaces under the following standards and
procedures:
A. ADA Compliance. The Director may administratively reduce parking requirements due to a loss of
parking spaces because of ADA requirements associated with tenant improvements.
B. Off-street parking requirements may be reduced with the approval of a conditional use permit in
compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) as follows:
1. Reduced Parking Demand. Required off-street parking may be reduced with the approval
of a conditional use permit in compliance with the following conditions:
a. The applicant has provided sufficient data, including a parking study if required
by the Director, to indicate that parking demand will be less than the required
number of spaces or that other parking is available (e.g., City parking lot located
nearby, on-street parking available, greater than normal walk in trade, mixed-use
development); and
b. A parking management plan shall be prepared in compliance with subsection (C)
of this section (Parking Management Plan).
2. Joint Use of Parking Facilities. Required off-street parking may be reduced with the
approval of a conditional use permit where two or more nonresidential uses on the same
site or immediately adjacent sites have distinct and differing peak parking demands (e.g.,
a theater and a bank). The review authority may grant a joint use of parking spaces
between the uses that results in a reduction in the total number of required parking spaces
in compliance with the following conditions:
61
Mrs. Marin Howarth Blòm
224 Marine Ave LLC
November 14, 2022
Page 4 of 6
14332-04 Parking Evaluation
a. The most remote space is located within a convenient distance to the use it is
intended to serve;
b. The amount of reduction is no greater than the number of spaces required for
the least intensive of the uses sharing the parking;
c. The probable long-term occupancy of the structures, based on their design, will
not generate additional parking demand;
d. The applicant has provided sufficient data, including a parking study if required
by the Director, to indicate that there is no conflict in the peak parking demand
for the uses proposing to make joint use of the parking facilities;
e. The property owners involved in the joint use of parking facilities shall record a
parking agreement approved by the Director and City Attorney. The agreement
shall be recorded with the County Recorder, and a copy shall be filed with the
Department; and
f. A parking management plan shall be prepared in compliance with subsection (C)
of this section (Parking Management Plan).
C. Parking Management Plan. When a parking management plan to mitigate impacts associated with
a reduction in the number of required parking spaces is required by this chapter, the parking
management plan may include, but is not limited to, the following when required by the review
authority:
1. Restricting land uses to those that have hours or days of operation so that the same
parking spaces can be used by two or more uses without conflict;
2. Restricting land uses with high parking demand characteristics;
3. Securing off-site parking in compliance with Section 20.40.100 (Off-Site Parking);
4. Providing parking attendants and valet parking; and
5. Other appropriate mitigation measures.
D. Required Data. In reaching a decision to allow a reduction of required parking spaces, the review
authority shall consider data submitted by the applicant or collected/prepared at the applicant’s
expense. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)
The City of Newport Beach prepared the Balboa Island Parking Policy Plan on December 19, 2008
(referred to as “Policy Plan”). The Policy Plan identifies that Balboa Island consists of a dense
community of residential and commercial uses, limited parking supply, and high parking demand.
The island, specifically along Marine Avenue, is a popular destination for local residents and
visitors. The Policy Plan identifies several strategies that can help alleviate parking issues during
peak and nonpeak periods. The parking management strategies include residential parking
permits, parking benefit district, various forms of paid parking, and alternative forms of
transportation (i.e., neighborhood electric vehicles, bicycles, rideshare, etc.). The Policy Plan
recommends to encourage alternative forms of transportation and concludes that the current
regulations and restrictions are to remain in place.
SURVEY INFORMATION
Survey data was collected at four similar restaurants within Balboa Island. The reference survey
data includes business hours, seating count, on-site parking spaces, number of employees,
62
Mrs. Marin Howarth Blòm
224 Marine Ave LLC
November 14, 2022
Page 5 of 6
14332-04 Parking Evaluation
employee transportation mode, patron information, and patron transportation mode. Table 3
presents a summary of the survey data.
TABLE 3: TRANSPORTATION SURVEY SUMMARY
Restaurant Ciao
Balboa
Royal
Hen
Snipe Island
Crafthouse
Wilma’s
Patio
Proposed
Project
Seating
Indoor 68 60 48 150 0
Outdoor 0 0 2 20 34
Parking
On-site Customer 0 0 0 0 0
On-site Employee 0 0 0 0 0
On-site Accessible 0 0 0 0 0
Employee Information
Car X X X
Bus X X X
Carpool X X X X
Bike X X X X
Walk X
Other
Patron Information
Car X X X X
Bus X
Carpool X X X
Bike X X X X
Walk X X X X
Other (i.e.,
rideshare, golf
carts, etc.)
X X X X
As shown on Table 3, the existing restaurants do not provide any off-street parking. ADA parking
generally exists off-site for the collective uses. Employees and patrons are expected to utilize
several modes of transportation to arrive at Balboa Island. As indicated in the Policy Plan, free
on-street parking exists along the commercial areas. The Policy Plan identifies that creating
63
Mrs. Marin Howarth Blòm
224 Marine Ave LLC
November 14, 2022
Page 6 of 6
14332-04 Parking Evaluation
additional spaces will not alleviate parking utilization rates due to the fact that parking demand
often exceeds parking supply. Alternative forms of transportation are widely available to both
employees and patrons.
The proposed floor plan created by Pacific Coast Architects on October 19, 2022 shows an
estimated 34 seats. Employees and patrons will arrive to Balboa Island through various modes
of transportation (i.e., car, bus, carpool, bike, walk, etc.) similar to the nearby restaurants.
Attachment C shows public parking that is available to the public in Newport Beach.
CONCLUSIONS
The Project is located at 224 Marine Avenue in the City of Newport Beach. The Project consists
of a proposed 1,102 square foot (sf) two-story building with a 999 sf outdoor dining area (total
area = 2,101 sf). The first floor includes a dining area (approximately 34 seats), kitchen, restroom,
storage, and utilities. The second floor includes areas for prep and storage. The total public area
includes 999 sf of public space (first floor dining area = 616 sf and second floor deck = 383 sf) and
includes an estimated occupancy load of 71 occupants.
Based on the City of Newport Beach parking requirements of 1 space per 30 – 50 square feet, the
proposed Project will not meet Municipal Code requirements. Our evaluation indicates that a
parking waiver is recommended for the Project due to the unique parking constraints of Balboa
Island. Patrons and employees will access the proposed Project in a manner consistent with the
nearby commercial properties in the area. Various forms of alternative transportation such as
public transportation, carpooling, biking, and walking are anticipated to be utilized. The proposed
Project is anticipated to seat 34 patrons, which is lower than other restaurants on Balboa Island.
If you have any questions, please contact me directly at rvu@urbanxroads.com.
Respectfully submitted,
URBAN CROSSROADS, INC.
Jose Alire, P.E. Robert Vu, P.E.
Senior Traffic Engineer Transportation Engineer
64
14332-04 Parking Evaluation
ATTACHMENT A
SURVEY DATA
65
14332-04 Parking Evaluation 66
14332-04 Parking Evaluation 67
14332-04 Parking Evaluation 68
14332-04 Parking Evaluation
69
14332-04 Parking Evaluation
ATTACHMENT B
FLOOR PLAN
70
14332-04 Parking Evaluation
71
14332-04 Parking Evaluation
ATTACHMENT C
NEWPORT BEACH PARKING
72
14332-04 Parking Evaluation
73
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Attachment No. PC 5
Project Plans
75
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77
78
79
48X25(4)80
81
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From:Hutchinson
To:Planning Commissioners; bzdeba@newportbachca.gov
Subject:Concerns relating to Coastal Zone Permit for 224 Marine Ave, LLC [Project File No. PA2021-276]
Date:January 04, 2023 7:14:53 PM
Attachments:Coastal Zone Permit Objection File No. PA2021-276.docx
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Please see attached document with Concerns relating to Coastal Zone Permit for 224
Marine Ave, LLC [Project File No. PA2021-276].
Thank you,
Balboa Island Residents
Planning Commission - January 5, 2023 Item No. 3a - Additional Materials Received Arc Balboa Island (PA2021-276)
In RE: Newport Beach Public Hearing January, 5 2023
Concerns relating to Coastal Zone Permit for 224 Marine Ave, LLC
[Project File No. PA2021-276]
Residents on Grand Canal: 224 Marine Ave is 10-30 yards away from families of Grand Canal residing in
14 homes directly behind proposed restaurant
Concerns re Request to Demolish & Construct new building within Coastal Zone for purpose of:
• Changing 224 Marine Ave “Sale & Service of Alcoholic Beverages,” long-standing permit for
“retail use,” allowing new zoning for food &“Alcoholic Beverage Control (ABC) License,”
• New outdoor restaurant would stay open until 11p.m serving alcohol around minors where only
retail establishments previously located on East Side of Marine Ave (btw Balboa & Park Ave)
• Permit waiving “required off-street parking spaces” in already congested Balboa Island area
• 14 homes located directly behind proposed new restaurant business & outdoor dining location
Balboa Island Resident & Community Concerns:
• 224 Marine Ave historically “retail” store not restaurant, concerns re PUBLIC HEALTH
o No infrastructure for increase in commercial food delivery trucks or alcohol delivery, rodent
control, waste removal, and increased demand on small Island public services
o Only 10 feet of limited alley access for garbage & parking in congested Residential area
o Installation of cooking equipment infrastructure & ventilation in location creates new fire risk,
pollution, rodents, noise, & garbage in already small, close proximity residential area,
o Plans for outdoor & late night dining introduces new elements of noise pollution, public
drunkenness, crime risk to residential community living directly behind proposed business
No history of serving Alcohol in this location
o East Side of Marine Ave between Balboa Ave to Marine Ave never permitted alcohol sales, area
frequented by children, can lead to aggressive & disruptive behavior,
o New Zoning reduces Balboa Island property values with increased element of alcohol litter &
consumption, health risks, public nuisance,
o Balboa Island already has specially defined, zoned, locations that provide alcohol, such as Village
Pub (across from Fire Station), that have very limited residential impact
Benjamin M. Zdeba, ACIP, Principal Planner, 100 Civic Center Drive, Newport Beach, CA 92660
(949) 644-3253, bzdeba@newportbeachca.gov
Planning Commission - January 5, 2023 Item No. 3a - Additional Materials Received Arc Balboa Island (PA2021-276)
JOHN AND STEPHANIE FAUL
500 30th STREET NEWPORT BEACH CA. 92663
NEWPORT BEACH PLANNING COMMISION
Dear NEWPORT BEACH PLANNING COMMISION:
We wanted to let you know we are extremely happy to have ARC in our neighborhood. They
have been amazing neighbors and have helped over the last several years to upgrade our
entire block and the Cannery Village. Their customers have elevated our area and our mostly
local Newport Beach citizens. We only see them as an asset here. They have been great
neighbors and our extremely respectful of our area and all of us that live and work here.
Sincerely,
John and Stephanie FAUL
Planning Commission - January 5, 2023 Item No. 3b - Additional Materials Received Arc Balboa Island (PA2021-276)
From:theresa hardesty
To:Planning Commissioners
Subject:Arc
Date:January 05, 2023 10:54:59 AM
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is safe.
Planning Commissioners,
We are in favor of ARC opening on Balboa Island. I’ve lived here over 20 years and while I do like the small quaint
island charm, the reality is times have changed. Residents and visitors want more. We are no longer an island
wanting a small hardware store and other simple necessities. We have watched Lido be built and grow into a
destination location taking a lot of business from our Marine Avenue merchants. We want top-notch restaurants
here too and ARC is just that.
Thanks
Theresa Hardesty
Sent from my iPhone
Planning Commission - January 5, 2023 Item No. 3b - Additional Materials Received Arc Balboa Island (PA2021-276)
From:Louis Orozco
To:Planning Commissioners
Subject:Fwd: ARC Butcher & Baker
Date:January 05, 2023 11:52:37 AM
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content is safe.
Hello,
My name is Louis Orozco, and I am the owner of one of the live/work lofts located on 502
30th Street, on the peninsula, where I reside and operate my business, Madison Salon. I love
ARC Butcher & Baker. Since they opened their restaurant on 30th Street, they have been a
huge plus to the community. They have an excellent upscale menu and ambiance and I
frequent them about once a week since it's less than a half a block from my home. It's a
wonderful place to take clients and friends and indulge for myself. It's the right clientele,
menu and all-around experience. I give them an A+++.
I definitely believe they would be an asset if they opened a location on Balboa Island. And I
personally know a lot of my clients who live on the island would frequent them and enjoy
them in the neighborhood.
Best regards,
Louis Orozco
Planning Commission - January 5, 2023 Item No. 3b - Additional Materials Received Arc Balboa Island (PA2021-276)
From:Sugar Toes
To:Planning Commissioners
Subject:ARC restaurant on Marine Avenue
Date:January 05, 2023 12:03:23 PM
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is safe.
Dear Planning Commission,
I am writing today in support of ARC restaurant on Marine Avenue. This will be an amazing addition to our
charming Marine Avenue and help continue to draw tourists and visitors to our island and support our retail
businesses and other amazing restaurants here.I have heard some comments in detriment of destroying the old
cottage building and I understand that as I am a huge believer in keeping our history and uniqueness of Marine
Avenue. However I have lived here for over 30 years and I remember shopping in that space when it was 5 seas and
Blooms in the back. The integrity of the building is awful and has not been maintained over the years. Every time it
rained it leaked all over and there was obvious structural damage at that time. I have complete trust and faith in the
operators of ARC that they will be true to the charm and character of my cherished Marine Avenue. The charismatic
and attractive restaurant space they created on the peninsula shows a clear understanding of what the community
wants and is in character with that. I am sure they will do the same on Balboa Island. ARC has an excellent and well
established reputation as good operators and this has been demonstrated by their other amazing locations on the
peninsula and SOCO. If you have never experienced ARC I strongly suggest that you do so. I for one can hardly
wait to be able to walk to another great local restaurant with amazing food and share that camaraderie with my
neighbors and friends. That we are supporting a small local business that enhances our community is very important
to me and my neighbors. It will also bring more attention to the maintenance that has been lacking here as regular
sidewalk cleaning and all the mismatched garbage cans and lack of tree grates on our landmark trees. I hope it will
bring additional city attention and resources to these major details and I hope with the addition of this great
neighborhood dining establishment more will be done to continue to keep our small slice of heaven here on Balboa
Island the charming, clean, safe and happy destination that it should be.
Sincerely,
Anita and David Rovsek
216 Abalone Avenue
Balboa Island, Ca 92662
Planning Commission - January 5, 2023 Item No. 3b - Additional Materials Received Arc Balboa Island (PA2021-276)
From:Whitney Wolff
To:Planning Commissioners
Cc:Zdeba, Benjamin
Subject:Balboa Island Revitalization
Date:January 05, 2023 12:32:38 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
City and Planning Commission,
I am in agreement with many of the Balboa Island residents that the island has not been takengood care of and the rise in tourism is leading to overfull trash cans, gum all over the street,
and benches being filthy. I wrote in early last year regarding this issue.
I am also 100% on board with approval for ARC to come to our beautiful island. We need acouple more good options. They maintained a local and historic vibe in Cannery Village by
Lido and don't see why they can't do that here. Locals love to walk to dinner and touristswould enjoy that as well.
Thank you for your time! I hope you will consider sprucing up our island. I am a resident for
the past 13 years.
Whitney Wolff
208 Pearl Ave
Planning Commission - January 5, 2023 Item No. 3b - Additional Materials Received Arc Balboa Island (PA2021-276)
From:campbirdsong
To:Planning Commissioners
Subject:ARC restaurant
Date:January 05, 2023 12:44:59 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Hello,I am writing to support the ARC restaurant going in on Balboa Island. I’m anxiously awaiting
having a great new place to walk to for dinner. The building designated for remodel needs somuch work and I’m sure the results of renovation will be charming and in character with the
Island. I’m very excited for a future ARC on Balboa Island! Thank You,
Jackie Birdsong
209Abalone AveBalboa Island
Sent from Proton Mail for iOS
Planning Commission - January 5, 2023 Item No. 3b - Additional Materials Received Arc Balboa Island (PA2021-276)
1
Rodriguez, Clarivel
Subject:FW: Marine Ave. Restaurant
From: meridee205@aol.com <meridee205@aol.com>
Sent: January 05, 2023 12:49 PM
To: Zdeba, Benjamin <bzdeba@newportbeachca.gov>
Subject: Re: Marine Ave. Restaurant
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
-----Original Message-----
From: meridee205@aol.com
To: planningcommisioners@newportbeachca.gov <planningcommisioners@newportbeachca.gov>
Sent: Thu, Jan 5, 2023 12:45 pm
Subject: Marine Ave. Restaurant
One of the best restaurants on Newport Beach is the Arc Butcher and Baker. The food,
atmosphere, and service are all outstanding. Having this restaurant on Marine Ave. can only be a
plus to the community of Balboa Island. They already have an enormous following with
their established great reputation on the pennisula. Meridee and Pat Banas
Planning Commission - January 5, 2023 Item No. 3b - Additional Materials Received Arc Balboa Island (PA2021-276)
Planning Commission - January 5, 2023 Item No. 3b - Additional Materials Received Arc Balboa Island (PA2021-276)
From:Lisa Skonieczny
To:Planning Commissioners
Subject:Arc
Date:January 05, 2023 1:16:36 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
In huge favor of Arc restaurant on Balboa Island. So sick of the beauty and tshirt shops.
Also sidewalks and garbage cans need revamped
Lisa Skonieczny
Sent from my iPhone
Planning Commission - January 5, 2023 Item No. 3b - Additional Materials Received Arc Balboa Island (PA2021-276)
From:Katy Norris
To:Planning Commissioners
Cc:bzdeba@newportbeach.gov
Subject:Balboa island
Date:January 05, 2023 1:26:33 PM
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is safe.
I am a homeowner on Balboa Island and I adamantly support the addition of ARC as a new restaurant on Marine. We also badly need sidewalk crack fixed and the alleys cleaned up. It’s an amazing place let’s give it the neededTLCThank youKaty Norris
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Planning Commission - January 5, 2023 Item No. 3b - Additional Materials Received Arc Balboa Island (PA2021-276)
From:krista jajonie
To:Planning Commissioners
Subject:ARC
Date:January 05, 2023 1:46:19 PM
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is safe.
ARC owners are fantastic operators and have retained charm and character at their place on the peninsula. I’d be so
exited to be able to walk to a charming restaurant on the island and enjoy it with fellow residents and friends!
Balboa Island desperately needs this! Please! Thank you!!!
Sent from my iPhone
Planning Commission - January 5, 2023 Item No. 3b - Additional Materials Received Arc Balboa Island (PA2021-276)
From:Jodi Patrich
To:Planning Commissioners
Subject:Support for Balboa Island ARC
Date:January 05, 2023 2:18:39 PM
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Dear Planning Commission,
I hope that you will support the renovation and restructuring of the ARC restaurant on
Marine Avenue. As proposed, I understand that the goal of this project is to respect
the historical nature and charm of Marine Ave. As the Founder of the Balboa Island
Preservation Association, I personally support a project that desires to adhere to the
historical character and history of Balboa Island. Unfortunately, the existing buildingwas not maintained as it should have been, and its structure is beyond repair. I
consider this an exception to many structures on the Island and any designated
historical building needs to be thoroughly considered for appropriate restoration in the
future. I believe this building had proper vetting and inspections, and it wasdetermined it was beyond repair. The community should have continued access to
design plans throughout the process to ensure that the Balboa Island charm and
character will be honored, as promised by Blom and associated partners for the ARC
on Marine Ave.
Warm Regards,
Jodi P. Bole
300 Amethyst AveBalboa Island
Planning Commission - January 5, 2023 Item No. 3b - Additional Materials Received Arc Balboa Island (PA2021-276)
From:Michael Braun
To:Planning Commissioners
Cc:wbraun@me.com
Subject:ARC restaurant on Marine Avenue
Date:January 05, 2023 4:06:33 PM
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Dear Planning Commission,
My name is Michael Braun, my wife and I have lived on Balboa Island since 2008 and have enjoyed the many greatshops and restaurants all over the Island. It is because of this I am writing to you today; I want to show my supportfor the proposed ARC restaurant on Marine Avenue. I believe this will be an amazing addition to our charmingneighborhood and will certainly help to continue to draw tourists and visitors to our island that support our retailbusinesses and other amazing restaurants here.I believe there have been some comments in detriment of destroying the old cottage building which I completelyunderstand since I am a huge believer in keeping our quaint Island history and the wonderful uniqueness of MarineAvenue. However, having said that I am a Developer myself and feel that the integrity and configuration no longermeets today’s consumer demands. The existing Floor plan and elevation changes create an awful consumerexperience.We have completely trust and great faith in the operators of ARC to create yet another jewel on Marine Avenue thatthey will stay true to the wonderful charm and character of Balboa Island. The charismatic and attractive restaurantspace they created on the Peninsula near Lido Village and Soco Shopping Center shows their understanding of whatour community wants and loves. I am quite sure they will do the same for Balboa Island. ARC has an excellent, wellestablished and well-deserved reputation.
My wife and are looking forward with great pleasure to take a leisurely walk to meet friends, who will Uber toBalboa Island for another great food and social experience.
We have and continue to support our small local business because it brings our community together which isimportant for a beautiful place like Balboa Island. If we want our special part of the world to stay that way the cityneeds to bring additional resources to Balboa's Mainstreet to keep an active main street alive and kicking.
Sincerely yours,
Michael & Wendy Braun106 Collins AvenueNewport Beach, CA 92662
Planning Commission - January 5, 2023 Item No. 3c - Additional Materials Received After Deadline Arc Balboa Island (PA2021-276)
From:brandibagley@gmail.com
To:Planning Commissioners
Cc:Zdeba, Benjamin
Subject:Arc
Date:January 05, 2023 4:29:31 PM
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Dear City and Planning Commission,I am in agreement with several of the Balboa Island residents that the island has not been
taken good care of and with the rise in tourism and outdoor dining is leading to overflowingtrash cans, sticky gum all over the street, and benches that are still not restored as promised. I
wrote in early last year regarding this issue. I am also 100% on board with approval for ARC to come to the beautiful island. They have
maintained a local and historic vibe on the peninsula and I don't see why they can't do thathere. Locals love to walk to dinner and tourists would enjoy it as well.
Thank you for your time! I hope you will consider sprucing up the island it desperately needsit! It is looking like Pismo Beach!
Brandi Bagley
Planning Commission - January 5, 2023 Item No. 3c - Additional Materials Received After Deadline Arc Balboa Island (PA2021-276)
From:pmak@aol.com
To:Planning Commissioners
Subject:ARC Restaurant Discussion for Marine Avenue, Balboa Island
Date:January 05, 2023 4:34:36 PM
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content is safe.
We are in 200% support of ARC restaurant, planned to go in on Balboa Island 's Marine Avenue.
Historic Marine Avenue needs new business that reflect vitality & quality and an overall dress up. We
need no empty spaces & you have to agree with me tax revenue is a must! New good eateries like
ARC will help to draw tourists and visitors to our little paradise of an island and support our other retail
businesses and other amazing restaurants here. It's not a 1 on 1 ratio...bring in new
restaurant customers and they buy from our fashion shops or gift/food shops. Everybody wins!! Including,
I may add, you the city, with increased tax revenue., (let’s not even discuss the poor pension funding
management problem) We should ALWAY support a new business, given it is not a shady business, to
draw new crowds to our commercial district.
I have heard some comments in detriment of destroying the old Cottage building and I understand that,and I am a huge believer in keeping our history and uniqueness of Marine Avenue. In fact, I love thisbuilding. It’s one of my favorites, but the integrity of the building is awful and has not been maintainedover the years. There is obvious rain & exposure damage over the years. I trust the mayor's organization and experience with our town & our needs on the island. I have totalconfidence they will be true to the charm and character of our pride & joy, the aging Marine Avenue. WhatARC did with their charismatic and attractive restaurant space they created on the peninsula shows aclear understanding of what the community wants and is in character with that. I have no doubt it willbe recreated on our island. ARC has an excellent and well-established reputation in our neighborhoodwith many of our island neighbors eating at ARC’s Costa Mesa and his Peninsula shops. Noah’srestaurants are simply amazing and are additive to the neighborhoods they are in. If you have neverexperienced an ARC evening, I strongly suggest that you do so, as they are WAY ABOVE average inquality & experience. Give us Balboa residents another reason to not drive to PCH or Fashion Island or worse yet, CostaMesa’s emerging & drastically improved hot dining 17th Street/Irvine Blvd corridor …. , keep our profitsand tax revenues on the island and let us be able to walk to another great local restaurant and continue tolove our neighborhood. By the way on the tax issue, these Marine Avenue improvements drive homevalues and that drives property taxes of which our town shares in greatly. In closing Chery & I support a small local business's that enhances our community and is very importantto my island resident’s social circuit. It will also bring more attention to the maintenance that has beenlacking. We need regular sidewalk cleaning, repair of uneven sidewalk slabs, and all the mismatchedgarbage cans and lack of tree grates on our landmark trees that was promised to us by the city. It shouldbring additional city attention and resources to these major details and I hope with the addition of thisgreat neighborhood dining establishment, more will be done to continue to keep our small slice of heavenhere on Balboa Island the charming, clean, safe and happy destination that has been & can continue tobe with establishments like ARC being able to open, without an undue hassle & delay. You have to startdoing what neighborhood residents need & want. Thank you.
Planning Commission - January 5, 2023 Item No. 3c - Additional Materials Received After Deadline Arc Balboa Island (PA2021-276)
From:Barbara Klinger
To:Planning Commissioners
Subject:ARC Restaurant on Balboa Island
Date:January 05, 2023 4:59:18 PM
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content is safe.
From: Sugar Toes <shopsugartoes@gmail.com>
Subject: ARC restaurant on Marine Avenue
Date: January 5, 2023 at 12:03:14 PM PSTTo: planningcommissioners@newportbeachca.gov
Dear Planning Commission,
We are writing to express our full support for the anticipated arrival of the ARC
restaurant on Marine Avenue. This restaurant will be a truly wonderful addition to our
beautiful and historic small village feel! We personally love how Marin Blom creates a
such a unique and warm atmosphere, and Noah brings the best quality of food andemployees to their restaurants. Food, service, and ambiance at all of their
restaurants is top of the line!
We have full trust in Noah and Marin Blom, that they will maintain the charm andcharacter needed to align with our amazing, one of a kind, quaint village of Balboa
Island.
We have so many businesses that are suffering right now. We feel that ARC will bejust one more strong cornerstone that will bring locals and tourists alike, back to our
iconic Marine Avenue.
Kindly,Barbara and Chuck Eusey
Planning Commission - January 5, 2023 Item No. 3c - Additional Materials Received After Deadline Arc Balboa Island (PA2021-276)
From:Bob Olson
To:Planning Commissioners
Subject:ARC Restaurant
Date:January 05, 2023 5:43:12 PM
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content is safe.
Dear Planning Commission,
I have lived on Balboa Island for 20 plus years and have enjoyed our Marine Avenue businesses over
those years. The old cottage building that was Five Seas really is obsolete and is ready for
redevelopment. I personally love the idea of getting a new restaurant, especially ARC, on the island.
Royal Hen has done a great job of raising the bar for food on the island and I think ARC will do the
same thing.
I fully support the new proposed ARC restaurant and urge our planning commissioners to approve
the project.
Please feel free to contact me with any questions.
Cell: 714.321.2050
Sincerely,
Bob Olson
921 Via Lido Soud
Newport Beach, CA
520 Newport Center Dr., Suite 600
Newport Beach, CA 92660
Office: (949) 271-1101
Cell: (714) 321-2050
Fax: (949) 623-6726
Bob.Olson@rdodevelopment.com
www.rdodevelopment.com
www.rdolson.com
Planning Commission - January 5, 2023 Item No. 3c - Additional Materials Received After Deadline Arc Balboa Island (PA2021-276)
From:Lynn Easton
To:Planning Commissioners
Cc:Zdeba, Benjamin
Subject:ARC restaurant
Date:January 05, 2023 10:47:53 PM
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is safe.
Hello , In reference to the ARC restaurant that is being considered for Balboa Island . ARC are good operators andhave retained the charm and character at their place on the peninsula . We are excited to have a charming restaurantto walk to and enjoy with fellow residents and friends.Thank youSent from my iPhone
Planning Commission - January 5, 2023 Item No. 3c - Additional Materials Received After Deadline Arc Balboa Island (PA2021-276)
Arc Balboa Island (PA2021-276)
Planning Commission Public Hearing
January 5, 2023
Benjamin Zdeba, Principal Planner
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
Vicinity Map
Newport
Harbor
224 Marine
AvenueBalboa
Island
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
Vicinity Map
224 Marine
Avenue
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
Land Use Designation
224 Marine
Avenue
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
Land Use Designation
224 Marine
Avenue
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
6Community Development Department
Existing Conditions
•2,250-sq.-ft. property
•1,170-sq.-ft. two-story nonresidential building
•Occupied by retail uses
•Unstriped open area used for parking and trash in rear
Front
Rear
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
7Community Development Department
Applicant’s Request
•Demolish the existing nonresidential building
•Construct a new nonresidential building
•Establish a new restaurant (Arc Balboa Island)
999 sq. ft. outdoor customer area (34 seats)
Beer and wine (Type 41 ABC License)
10 p.m. closing hour
No live entertainment or dancing
•Waive all required parking
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
Required City Entitlements
•Coastal Development Permit
Demolition and construction
Changing intensity of use
Waiving parking
•Conditional Use Permit
Establishing a restaurant
Waiving parking
8Community Development Department
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
9Community Development Department
Proposed Building – Site
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
10Community Development Department
Proposed Building – Floor Plans
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
11Community Development Department
Proposed Building – Floor Plans
13.5’
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
12Community Development Department
Proposed Building – Elevations
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
13Community Development Department
Proposed Building –Artist Rendering
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
14Community Development Department
Proposed Building –Artist Rendering
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
15Community Development Department
Proposed Restaurant
Operational Characteristics
Gross Floor Area 1,102 square feet
Interior Net Public Area (NPA)None
Outdoor Dining Area (NPA)999 square feet
Number of Seats 34
Hours of Operation 7 a.m. to 10 p.m., daily
Live Entertainment Not proposed
Dancing Not proposed
ABC License Type 41 –Beer/Wine, Eating Place
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
Parking Waiver
•Current use requires 5 off-street parking spaces
•Proposed restaurant requires 25 parking spaces
•Waiver of 20 off-street parking spaces
•Parking Surveys and Analysis by Urban Crossroads
(Attachment No. PC 4)
•Parking management plan for employees
•City Traffic Engineer reviewed and accepted
16Community Development Department
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
Required Findings
•Sale and service of alcohol
Lower crime, no undue concentration, NBPD does not object
•Consistency with GP, ZC, and LCP
Allowed land use aligns with several GP and LCP policies
•Compatibility and detriment
No late hours, no live entertainment, no dancing
Sound attenuation measures taken
Restaurant faces Marine Avenue, limited activity in rear
Building complies with all development standards
•Off-street parking waiver
Professional analysis accepted by City Traffic Engineer
17Community Development Department
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
Required Findings (cont.)
18Community Development Department
Not visible from LCP viewpoints
Enhances visual quality
Does not impact LCP access
Provides new visitor-serving commercial use
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
Conditions of Approval
•COA#1 and #6, Substantial conformance
•COA#7, Hours of operation
•COA#8, No live entertainment or dancing
•COA#9, Parking management for employees
•COA#13, Reiterates compliance with noise
•COA#21, Limits delivery/trash pickup hours
•All NBPD recommended conditions included
19Community Development Department
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
20Community Development Department
Recommendation
•Conduct a public hearing
•Find the project exempt from CEQA (Class 1)
•Adopt Resolution No. PC2023-001 for approval
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
Additional Conditions
•Patrons shall not enter or exit through the alley entrance
•Employees of the restaurant shall not use the alley as a break area or smoking area
•Drop-off and pick-up of employees shall be prohibited in the alley
21Community Development Department
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)
22
Questions and Discussion
Benjamin Zdeba, Principal Planner
bzdeba@newportbeachca.gov
Planning Commission Public Hearing
January 5, 2023
Planning Commission - January 5, 2023 Item No. 3d - Additional Materials Presented at the Meeting Arc Balboa Island (PA2021-276)