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HomeMy WebLinkAbout5.0_Hanna Residences_PA2020-060 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 5, 2023 Agenda Item No. 5 SUBJECT: Hanna Residences (PA2020-060) ▪ General Plan Amendment ▪ Local Coastal Program Amendment ▪ Code Amendment ▪ Tentative Parcel Map ▪ Coastal Development Permit SITE LOCATION: 3014 Balboa Boulevard APPLICANT/OWNER: Gallo of Corona del Mar, Inc. PLANNER: David Lee, Associate Planner 949-644-3225, dlee@newportbeachca.gov PROJECT SUMMARY The applicant requests a General Plan Amendment, Local Coastal Program Amendment, Code Amendment, Tentative Parcel Map, and Coastal Development Permit for the demolition of an existing eating and drinking establishment (hereafter referred to as a “restaurant”) and the construction of a two-unit residential condominium development. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment and that the exceptions to the Class 3 exemption do not apply; and 3) Adopt Resolution No. PC2023-003 recommending City Council approval of the General Plan Amendment, Local Coastal Program Amendment, Code Amendment, Tentative Parcel Map, and Coastal Development Permit (PA2020-060) (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Neighborhood Commercial (CN) Commercial Neighborhood (CN) Restaurant NORTH CN CN Shopping Center SOUTH Two Unit Residential (RT) Two-Unit Residential (R-2) Single- and two-unit residential WEST CN CN Shopping Center EAST RT R-2 Single- and two-unit residential Subject Property 3 INTENTIONALLY BLANK PAGE4 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 3 INTRODUCTION Project Setting and Background The subject property is approximately .08 acres or 3,466 square feet in size. It is located immediately adjacent to, but not a part of, an existing retail shopping center (The Landing). It is improved with a restaurant and a two-space surface parking lot. To the southeast, there are three residentially zoned lots that are each developed with two-unit residences. Prior to the current restaurant development, the property was developed with an approximately 750-square-foot single-family residence that was constructed in 1902. On November 10, 1986, the City Council approved General Plan Amendment 86-2 (C), Local Coastal Program Amendment No. 10, and Cannery Village Specific Area Plan Amendment No. 639, which changed the land use and zoning designations of the property from “Two-Family Residential” to the “Retail and Service Commercial.” Subsequent to the change of land use, the former residence was improved and converted for commercial use. On March 27, 1996, the Planning Director approved Specialty Food Service Permit No. 46 authorizing a small food use in the existing building. The permit also authorized an outdoor dining area for customers and required two parking spaces for the outdoor dining area. In 2013, a building permit for a tenant improvement was issued for the existing restaurant, known as “Sancho’s Tacos.” Sancho’s Tacos has been operating since. As noted in the table on page 2 of this report, the site remains designated for commercial use by the General Plan, Local Coastal Program, and Zoning Code. Project Description The applicant proposes to demolish the existing restaurant and construct a new residential structure with two condominiums totaling approximately 3,564 square feet. The proposed residential development would comply with all requirements of the proposed R-2 zone and no deviations are requested. The following approvals are required to implement the project: 1. General Plan Amendment (GPA) – An amendment to the General Plan to change the land use category from CN to Two Unit Residential (RT); 2. Code Amendment (CA) – An amendment to Title 20 (Planning and Zoning) to change the zoning district from CN to Two-Unit Residential (R-2) and to remove a front setback designation along the side property line from Setback Map S-2B; 3. Local Coastal Program Amendment (LCPA) – An amendment to the Coastal Land Use Plan to change the coastal land use category from CN to Two Unit Residential (RT-E) (30.0 – 39.9 DU/AC), and an amendment to Title 21 (Local Coastal Program Implementation Plan) to change the coastal zoning district from CN to Two-Unit 5 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 4 Residential (R-2). Additionally, the amendment would remove a front setback designation along the side property line from Setback Map S-2B for the subject property; 4. Tentative Parcel Map (NP) – A tentative parcel map for two-unit condominium purposes to allow the units to be sold individually; and 5. Coastal Development Permit (CDP) – A coastal development permit for the demolition of the existing restaurant and construction of the new residential condominiums (Project). DISCUSSION Analysis General Plan and Zoning Code Amendments The subject property has a General Plan Land Use category of Neighborhood Commercial (CN) and Zoning Code designation of Commercial Neighborhood (CN), which is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The applicant is requesting a GPA and CA to change the land use category and zoning designation from CN to Two Unit Residential (RT and R-2), which applies to a range of two-family residential dwelling units such as duplexes and townhomes (Attachments Nos. PC 2 and PC 3). The proposed GPA for residential use is consistent with the neighborhood, as the three lots located directly southeast of the subject property are categorized as RT. Subsequently, the R-2 zoning designation is intended to implement the proposed RT land use category. All future development and use would be required to comply with the use and development standards provided by R-2 development standards. The proposed two- unit development would comply with all applicable development standards, including floor area, setbacks, building, height, parking, etc. The following are notable General Plan policies with which the project is compliant: Land Use Element Policy LU 2.1 (Resident-Serving Land Uses). Accommodate uses that support the needs of Newport Beach’s residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces; Land Use Element Policy LU 2.3 (Range of Residential Choices). Provide opportunities for the development of residential units that respond to community and regional needs in terms of density, size, location, and cost. Implement goals, policies, programs, and objectives identified within the City’s Housing Element; 6 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 5 Land Use Element Policy LU 5.1.1 (Compatible but Diverse Development). Establish property development regulations for residential projects to create compatible and high- quality development that contributes to neighborhood character; and Land Use Element Policy LU 5.1.6 (Character and Quality of Residential Properties). Require that residential front setbacks and other areas visible from the public street be attractively landscaped, trash containers enclosed, and driveway and parking paving minimized. The subject property is located between a large 3.75-acre shopping center and three two- unit residential properties to the south. The subject property, which is 3,466 square feet in lot area, is comparable with the adjacent residential properties in size, which range from 3,150 to 3,796 square feet. The proposed development would be consistent with the development standards of the R-2 zoning designation. In addition to rezoning, an amendment to Setback Map S-2B is required that removes a 3-foot designated front setback along the southerly side property line (Figure 1) to the abutting duplex. This would result in a 3-foot side setback that is typical for residential development in the surrounding lots and would allow for fences, walls, or other accessory structures to be constructed at a maximum height of 6 feet in the side setback area rather than limiting them to 42 inches in height. Existing Setback Map Proposed Setback Map Figure 1: Amendment to Setback Map S-2B The change in use of the property would place a residential use adjacent to the shopping center parking lot. Staff does not consider the uses incompatible as the new residential building would be designed and constructed with the adjacency in mind. Additionally, there would be eyes on the parking lot from future residents thereby reducing the likelihood of incidents in the parking lot. It would also eliminate a commercial use abutting the duplex to the south further promoting compatibility. The change of use will also 7 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 6 eliminate patrons parking in the adjacent shopping center parking lot thereby increasing the availability of spaces for visitors to The Landing Shopping Center. Charter Section 423 (Measure S) Pursuant to City Charter Section 423 and Council Policy A-18, an analysis must be prepared to establish whether a proposed GPA (if approved) requires a vote by the electorate. Charter Section 423 requires voter approval of any major amendment to the General Plan. A major GPA is one that significantly increases allowed density or intensity by 40,000 square feet of nonresidential floor area, increases traffic by more than 100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units. These thresholds apply to the total of increases resulting from the amendment itself, plus 80 percent of the increases resulting from other amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding ten years. Increases from the proposed amendment and 80 percent of the four prior amendments within Statistical Area B-5 have been calculated and are shown in Table 1 below. The increases in AM and PM traffic are zero because the traffic from two residential units is less than the traffic generated by commercial use allowed by the General Plan. None of the thresholds would be exceeded with approval of the amendment and no vote of the electorate would be required. Table 1 – Charter Section 423, Measure S Analysis for Statistical Area B-5 Amendments Increased Density Increased Intensity Peak Hour Trip Increase AM PM GP2012-005 (PA2012-146) 7 0 0 0 GP2012-002 (PA2012-031) 0 23,725 0 0 GP2016-001 (PA2016-061) 0 4,745 0 0 GP2020-004 (PA2020-068) 0 15,103 2.8 3.05 Total Prior Increases 7 43,573 2.8 3.05 80% of Prior Increases 5.6 34,858.40 2.24 2.44 100% of Proposed GPA (PA2020-060) 2 0 0 0 Total 7.6 34,858.4 2.24 2.44 Threshold 100 40,000 100 100 Remaining 92.4 5,141.6 97.76 97.56 Vote Required No No No No Local Coastal Program Amendment The subject property is categorized by the Coastal Land Use Plan (CLUP) as Neighborhood Commercial (CN) – (0.0 to 0.30 FAR), and Commercial Neighborhood 8 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 7 (CN) by the Local Coastal Program Implementation Plan (Title 21). The applicant is requesting an LCPA to amend the Coastal Land Use from CN to Two Unit Residential (RT-E) – (30.0 – 39.9 DU/AC) and the Coastal Zoning District from CN to Two-Unit Residential (R-2) (Attachment PC 4). Similar to the amendment to Setback Map S-2B in the Zoning Code Amendment, Setback Map S-2B of Title 21 is required to be amended to remove a designated front setback along the side property line. On October 19, 2022, City staff received a letter of correspondence from the California Coastal Commission’s (CCC) staff suggesting the denial of the project. In the letter, CCC staff cites inconsistencies with Chapter 3 policies of the California Coastal Act of 1976, which requires maximum public access and protection of lower-cost visitor facilities where feasible. The CCC letter also states that the subject property is one of four lots designated as CN on the Balboa Peninsula. The correspondence is attached to this staff report as Attachment No. PC 7. City staff has thoroughly reviewed the statements made in the letter and recommends approval of the LCPA due to the following: 1. The property is one of five lots categorized as CN by the Coastal Land Use Plan and Title 21. The CN properties are located on 32nd Street between Balboa and Newport Boulevards. However, the subject property is 3,466 square feet while the CN properties, including the subject property, total 189,562 square feet. The property represents only 1.8 percent of the total lot area of CN properties, as depicted in Figure 2 on the following page. When you add the many dozens of properties designated CV (Visitor Serving Commercial), CC (Corridor Commercial), and MU (Mixed Use) along Newport Boulevard and in the Lido Village, Cannery Village and McFadden Square areas, the reduction of commercial land is less than significant. Additionally, the property does not provide public access or public parking. The property is developed with building and the site does not provide the full complement of parking and is legal nonconforming to current parking standards. Patrons of the project site often park in the adjacent shopping center parking lot due to proximity and lack of convenient on-site parking. The site provides two parking spaces where eight are required for the present commercial use. The proposed residential development would comply with the required parking and would eliminate the existing nonconformity. This would eliminate patrons from parking at the shopping center opening up those spaces to better serve the shopping center. Additionally, the elimination of the commercial use will also serve to reduce public street parking from patrons of the restaurant thereby increasing access opportunities within the neighborhood; 9 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 8 Figure 2: CN designated properties, shown in pink 2. Although the project would replace a modest cost visitor-serving restaurant with a two-unit residence, there are numerous lower priced restaurants that are located nearby the subject property. The adjacent shopping center at 3100 Newport Boulevard includes Gina’s Pizza, Chihuahua Cerveza, and Chipotle Mexican Grill. Additionally, other nearby restaurants include Mama D’s at 3012 Newport Boulevard, Sessions Sandwiches at 2823 Newport Boulevard, Avila’s El Ranchito at 2800 Newport Boulevard, Laventina’s Pizza at 2819 Newport Boulevard, Ho Sum Bistro at 3112 Newport Boulevard, Hook and Anchor at 3305 Newport Boulevard Suite A, Chicken Bun Bun at 3305 Newport Boulevard Suite E, Newport Fresh Sushi at 3305 Newport Boulevard Suite F, Crew Coffee at 3300 Newport Boulevard, and malarky’s Irish Pub at 3011 Newport Boulevard. These locations are all identified on the next page in Figure 3. As shown, there are numerous uses and opportunities for visitor- serving uses in the vicinity. The proposed change in land use is not expected to impact the availability of food for residents or visitors or noticeably change the character of the Balboa Peninsula area as a mixed-use area with commercial and residential uses; and 10 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 9 Figure 3: Nearby lower-cost visitor-serving restaurants 3. The LCPA is consistent with other applicable land use policies of the Coastal Land Use Plan as provided below: Coastal Land Use Element Policy 2.2.5-1: Legal nonconforming structures shall be brought into conformity in an equitable, reasonable, and timely manner as rebuilding occurs. Limited renovations that improve the physical quality and character of the buildings may be allowed. Rebuilding after catastrophic damage or destruction due to a natural event, an act of public enemy, or accident may be allowed in limited circumstances that do not conflict with other policies and of the Coastal Land Use Plan. The existing restaurant was constructed in 1902 and converted to commercial use in 1986 and is considered a legal, nonconforming development due to insufficient parking and other Map Legend A Gina’s Pizza B Chihuahua Cerveza C Chipotle Mexican Grill D Mama D’s E Session’s Sandwiches F Laventina’s Pizza G El Ranchito H Ho Sum Bistro I Hook and Anchor J Chicken Bun Bun K Newport Fresh Sushi L Crew Coffee M Pavilions Grocery Store N Malarky’s Irish Pub 11 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 10 physical attributes. The property, which is 3,466 square feet in area, is relatively small and unable to accommodate a reasonably sized commercial building with the required parking to support it. As a CN-zoned property, the maximum floor area ratio (FAR) is 0.30, which allows for a 1,040-square-foot commercial building. A commercial use, such as a visitor- serving retail store, in a building of this size would typically require five parking spaces (one space required per 250 square feet of gross floor area). A new commercial building, along with the required parking and compliance with accessibility requirements would not be suitable on the property due to size restraints. A two-unit residential condominium that complies with all applicable development standards, including parking, is an appropriate replacement for the existing nonconforming restaurant. Coastal Land Use Element Policy 2.3.1-5: Protect special communities and neighborhoods which, because of their unique characteristics, are popular visitor destination points for recreational uses. The project does not change the unique characteristics of the Balboa Peninsula, nor does it deter visitors to the nearby beach. Visitors will be able to find food at the multitude of other commercial sites in the immediate vicinity. The project alleviates the nonconforming parking of the existing restaurant, which causes public parking to be occupied by patrons of the restaurant. Since the condominiums provide required parking, the supply of street parking will be better utilized for visitors to the beach. Coastal Land Use Element Policy 2.3.1-6: Where feasible, reserve upland areas necessary to support coastal recreational uses for such uses; Coastal Land Use Element Policy 2.4.1-2: When appropriate, accommodate coastal- related developments within reasonable proximity to the coastal-dependent uses they support; Coastal Land Use Element Policy 2.4.1-3: Discourage re-use of properties that result in the reduction of coastal-dependent commercial uses. Allow the re-use of properties that assure coastal-dependent uses remain, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project; and Coastal Land Use Element Policy 2.4.1-4: Design and site new development to avoid impacts to existing coastal-dependent and coastal-related developments. When reviewing proposals for land use changes, give full consideration to the impact on coastal-dependent and coastal-related land uses including not only the proposed change on the subject property, but also the potential to limit existing coastal-dependent and coastal-related land uses on adjacent properties. The property is small located approximately 450 feet from the beach and not along the waterfront. Although it is within the general vicinity of the beach, it is not an ideal location for a coastal recreational use (examples include passenger/sightseeing boats, boat rentals and sales, boat/ship repair and maintenance, etc.). The property is adjacent to three residential 12 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 11 properties to the east and is similar in size and shape to the residential lots. The project does not result in the reduction of coastal-dependent commercial uses since the existing use is a restaurant. Coastal Land Use Element Policy 2.3.1-7: Give priority to visitor-serving and recreational uses in the mixed-use areas of the Balboa Peninsula, and Balboa Island. As discussed above, there are numerous visitor-serving uses on the Balboa Peninsula. The property is relatively small in size and is more suitable for the proposed residential development. Additionally, although the existing use is not for recreational use, there are many recreational uses in other areas of the Balboa Peninsula, including recreational equipment rental stores at 2001 West Balboa Boulevard, 601 East Balboa Boulevard, 2233 West Balboa Boulevard, 2000 West Balboa Boulevard, etc. Visitor-serving and recreational uses are a continuing priority in the surrounding area. Coastal Land Use Element Policy 2.7-1: Continue to maintain appropriate setbacks and density, floor area, and height limits for residential development to protect the character of established neighborhoods and to protect coastal access and coastal resources. The project includes two residential condominiums, which is consistent with the allowed density on the adjacent residential lots located to the south. The proposed duplex project also complies with development standards typical for a two-unit residential development, including setbacks, floor area, and height limits. Coastal Land Use Element Policy 2.9.3-1: Site and design new development to avoid use of parking configurations or parking management programs that are difficult to maintain and enforce; The project includes a compliant garage and carport configuration for each unit. This parking configuration is typical for two-unit residential developments throughout the city. The parking is directly accessed by a curb cut from Balboa Boulevard that does not displace public parking. The project will eliminate a commercial development that is nonconforming to parking. Coastal Land Use Element Policy 2.9.3-2: Continue to require new development to provide off-street parking sufficient to serve the approved use in order to minimize impacts to public on-street and off-street parking available for coastal access; Coastal Land Use Element Policy 2.9.3-3: Require that all proposed development maintain and enhance public access to the coast by providing adequate parking pursuant to the off-street parking regulations of the Zoning Code in effect as of October 13, 2005; and Coastal Land Use Element Policy 2.9.3-5: Continue to require off-street parking in new development to have adequate dimensions, clearances, and access to insure their use. 13 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 12 Title 21 requires two parking spaces per residential unit (one in a garage and one covered or in a garage). The proposed project provides one space in a garage and one covered parking space for a total of two spaces per unit. The spaces are accessible from Newport Boulevard and are dimensioned to comply with the Zoning Code minimum parking standards. Tentative Parcel Map Findings In accordance with Sections 19.12.070 (Required Findings for Action on Tentative Maps) of the NBMC, the Planning Commission must make the following findings in order to approve a tentative parcel map: 1. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. 2. That the site is physically suitable for the type and density of development. 3. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision-making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision-making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. 6. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a 14 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 13 subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land; 7. That, in the case of a “land project” as defined in Section 11000.5 of the California Business and Professions Code: (1) There is an adopted specific plan for the area to be included within the land project; and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area; 8. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act; 9. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City’s share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City’s residents and available fiscal and environmental resources; 10. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board; and 11. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. The Tentative Parcel Map (NP) is for two-unit residential condominium purposes. The project includes the demolition of a restaurant and the construction of a new duplex. The proposed subdivision and improvements are consistent with the density of the proposed R-2 Zoning District and the RT General Plan Land Use category, if the City Council approves the proposed GPA and CA. The project has been reviewed and conceptually approved by Public Works and is conditioned to require public improvements, including the reconstruction of sidewalks, curbs, and gutters along the Balboa Boulevard frontage as needed, as well as the undergrounding of utilities, consistent with the Title 19 (Subdivisions) of the NBMC. Additionally, the lot is physically suitable for a duplex because it is relatively flat. Due to the angled rear property line, the property is irregular in shape. However, the residential lots to the south have a similar irregular shape and are suitable for residential development. The property is located within an existing neighborhood that does not contain any sensitive vegetation or habitat on-site. 15 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 14 Coastal Development Permit Pursuant to the certified Local Coastal Program (LCP) Implementation Plan Section 21.52.15(F) (Findings and Decision), the following findings must be made to approve a coastal development permit: 1. Conforms to all applicable sections of the certified Local Coastal Program (e.g. development standards, no impacts to public views, natural resources, etc.); and 2. 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. The proposed project is consistent with the proposed amendments to the LCP Implementation Plan for R-2 Coastal Zoning, if the City Council and CCC approve the proposed LCPA. The proposed two-unit residence conforms to all applicable development standards of the R-2 Coastal Zoning District, including density, floor area, setbacks, height, and off-street parking, as demonstrated in Table 3 below. Table 3 – Development Standards Development Standard Standard Proposed Setbacks (min.) Front 5 feet 5 feet Rear 10 feet 10 feet Left Side 3 feet 4 feet Right Side 3 feet 3 feet Allowable Floor Area 4,485 sq. ft. 3,586 sq. ft. Open Space (min.) 336 sq. ft. 422 sq. ft. Parking (min.) 4 spaces 4 spaces Height (max.) 24 feet flat roof 29 feet sloped roof 29 feet sloped roof The property is located between a large shopping center and three two-unit residences. Other than the shopping center, the neighborhood is predominantly developed with two- and three-story single- and two-unit residences. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development and expected future development. This is depicted in the oblique aerial image provided on the next page as Figure 3. 16 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 15 Figure 3: Oblique aerial image of the site The project site is not located adjacent to a coastal view road, public viewpoint, public park, or public accessway, as identified in the Coastal Land Use Plan. The project is located approximately 500 feet from the nearest public beach accessed from the 31st Street street- end, which is identified as public beaches in the Coastal Land Use Plan. The project site is in a developed area and there are no public views of the ocean, beach, or harbor from any publicly accessible vantage point in the vicinity of the project site as there is intervening development in the vicinity. The project may be located within the viewshed of other distant public viewing areas. Site evaluation revealed that the proposed three-story design is consistent with the existing neighborhood pattern of development and will not affect the existing views of the ocean. The project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. Coastal hazards will not impact the property since it is approximately 700 feet from the mean high tide line of the beach. Additionally, the project site is not located between the first public road paralleling the sea. Although the project involves a change in land use, it does not result in a density or intensity that will increase demand on public access and recreation opportunities. As previously discussed, the conversion to two residential units reduces the AM and PM trips. Additionally, the elimination of the nonconforming commercial parking would open parking spaces in the adjacent shopping center as well as public street parking within the neighborhood for visitors to the beach. Due to the location and scope of the project site, it can be concluded that approval of the project will not affect public recreation, access or views. Subject Property 17 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 16 Summary and Alternatives Staff believes the findings for approval can be made. The property was historically zoned and developed as a residential use prior to a change of use approved in 1986. The property is suitable for residential development based on its size and shape, as is similar to the three residential lots directly south of the property. However, the property is not suitable for coastal-dependent/related uses given its location, small size and abutting uses. The replacement of a commercial use with a residential use, while there is a duplex abutting to the south, further promotes compatibility in the neighborhood. Although a lower-cost restaurant would be demolished and replaced with a residential development, the surrounding area has many other lower-cost restaurants for visitors to enjoy. The 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. 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, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 3 exemption includes the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The exemption includes the construction of a duplex or similar multi-family residential structures totaling no more than four dwelling units. The Project involves the demolition of an existing restaurant and the construction of a two-unit residence. 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 18 Hanna Residences (PA2020-060) Planning Commission, January 5, 2023 Page 17 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 property owners 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: __________________________ David S. Lee Associate Planner BMZ/dlee ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 General Plan Amendment Map PC 3 Zoning Code Amendment Map PC 4 Local Coastal Program Amendment Maps PC 5 Amended Setback Map S-2B PC 6 Project Plans PC 7 Correspondence Received 01/12/18 19 INTENTIONALLY BLANK PAGE20 Attachment No. PC 1 Draft Resolution with Findings and Conditions 21 INTENTIONALLY BLANK PAGE22 RESOLUTION NO. PC2023-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, ZONING CODE AMENDMENT, TENTATIVE PARCEL MAP, AND COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION OF AN EXISTING EATING AND DRINKING ESTABLISHMENT AND CONSTRUCTION OF TWO-UNIT CONDOMINIUMS FOR THE PROPERTY LOCATED AT 3014 BALBOA BOULEVARD (PA2020-060) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Gallo of Corona Del Mar, Inc. (“Applicant”), with respect to property located at 3014 Balboa Boulevard, and legally described in Exhibit “A” which is attached hereto and incorporated herein by reference (“Property”). 2. The Applicant requests to demolish an existing eating and drinking establishment (i.e., a “restaurant”) and construct a new residential structure with two condominiums totaling approximately 3,564 square feet, including a two-car garage and two-car carport (“Project”). The following approvals are required to implement the Project: a. General Plan Amendment (“GPA”) – An amendment to the General Plan Land Use Element to change the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT); b. Code Amendment (“CA”) – An amendment to Title 20 (Planning and Zoning) (“Title 20”) of the Newport Beach Municipal Code (“NBMC”) to change the zoning district from Commercial Neighborhood (CN) to Two-Unit Residential (R-2) and remove a front setback designation abutting the side property line on Setback Map S-2B; c. Local Coastal Program Amendment (“LCPA”) – An amendment to the Coastal Land Use Plan to change the coastal land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT-E) (30.0 – 39.9 DU/AC), and an amendment to Title 21 (Local Coastal Program Implementation Plan) (“Title 21”) of the NBMC to change the coastal zoning district from Commercial Neighborhood (CN) to Two-Unit Residential (R-2). Additionally, an amendment to Setback Map S- 23 Planning Commission Resolution No. PC2023-003 Page 2 of 25 2B to remove a front setback designation abutting the side property line on Setback Map S-2B; d. Tentative Parcel Map (“NP”) – A tentative parcel map for two-unit residential condominium purposes; and e. Coastal Development Permit (“CDP”) – A coastal development permit for the demolition of the existing restaurant and construction of the new residential condominiums. 3. The Property is categorized Neighborhood Commercial (CN) by the General Plan Land Use Element and is located within the Neighborhood Commercial (CN) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial (CN) - (0.0 to 0.30 FAR) and is located within the Commercial Neighborhood (CN) Coastal Zone District. 5. A public hearing was held by the Planning Commission on January 5, 2023, in the Council Chambers located 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 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) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 3 exemption includes the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The exemption includes the construction of a duplex or similar multi-family residential structures totaling no more than four dwelling units. The Project involves the demolition of an existing restaurant and the construction of a two-unit residence. 24 Planning Commission Resolution No. PC2023-003 Page 3 of 25 3. The Class 15 exemption includes the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 feet. The Project involves a tentative parcel map to subdivide two (2) units for condominium purposes. 4. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines 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. General Plan Amendment An amendment to the 2006 Newport Beach General Plan Land Use Element is a legislative act. Neither Title 20 nor California Government Code Section 65000 et seq., set forth any required findings for either approval or denial of such amendments. Finding and Facts in Support of Findings: 1. The Project includes a GPA to change the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT). The Neighborhood Commercial (CN) land use is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs and maintain compatibility with residential uses in the immediate area. The Project requires authorization of a land use change to Two Unit Residential (RT), which applies to a range of two-family residential dwelling units such as duplexes and townhomes. The abutting three (3) lots south of the Property are also categorized by the General Plan as Two Unit Residential (RT). 2. The Project’s GPA is consistent with the following City of Newport Beach General Plan Land Use policies, applicable to the Project: a. Land Use Element Policy LU 2.1 (Resident-Serving Land Uses). Accommodate uses that support the needs of Newport Beach’s residents including housing, retail, services, employment, recreation, education, culture, 25 Planning Commission Resolution No. PC2023-003 Page 4 of 25 entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces; and b. Land Use Element Policy LU 2.3 (Range of Residential Choices). Provide opportunities for the development of residential units that respond to community and regional needs in terms of density, size, location, and cost. Implement goals, policies, programs, and objectives identified within the City’s Housing Element. The Project provides two (2) additional housing units on a lot that is adjacent to three (3) residential lots to the south and is located nearby the public beach and harbor. c. Land Use Element Policy LU 5.1.1 (Compatible but Diverse Development). Establish property development regulations for residential projects to create compatible and high-quality development that contributes to neighborhood character. The Property is proposed to be designated R-2 (Two-Unit Residential) by Title 20. The Project, as proposed, meets all development standards including floor area, setbacks, building height, parking, and other design features required for R-2 (Two-Unit Residential) properties. The development standards ensure compatibility with the adjacent residential development in the surrounding neighborhood. d. Land Use Element Policy LU 5.1.6 (Character and Quality of Residential Properties). Require that residential front setbacks and other areas visible from the public street be attractively landscaped, trash containers enclosed, and driveway and parking paving minimized. The Project complies with the required five (5)-foot front setback, three (3)-foot side setbacks, and 10-foot rear setback, which is consistent with the required setbacks of the three residential properties to the south. In addition, the Project will provide a larger four-foot side setback abutting The Landing shopping center. The Project will be landscaped to include palm trees as well as a variety of shrubs and vines. Additionally, screened trash areas are proposed in the side yards of each condominium unit. 3. Pursuant to California Government Code Section 65352.3 (SB 18), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (“NAHC”) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of 26 Planning Commission Resolution No. PC2023-003 Page 5 of 25 preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that nine (9) tribal contacts should be provided notice regarding the proposed amendment. The tribal contacts were provided notice on January 19, 2020. California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. On March 3, 2021, the City participated in a consultation with the Gabrielleno Band of Mission Indians – Kizh Nation. Subsequently, the 90-day period to respond expired on April 18, 2020. Charter Section 423 Pursuant to Section 423 of the Charter of the City of Newport Beach (“Charter”) and City Council Policy A-18, proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required because a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds provided in Section 423 of the City Charter which include: increasing the allowed density or intensity by 40,000 square feet of non-residential floor area, increasing traffic by more than 100 peak hour vehicle trips (AM/PM), or increasing residential dwelling units by 100 units. These thresholds apply to the total of increases resulting from the amendment itself, plus 80 percent of the increases resulting from other amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding 10 years. The proposed General Plan Amendment is in Statistical Area B5. This is the eighth amendment within Statistical Area B5 since the General Plan update in 2006. Four (4) of the seven (7) prior amendments were approved less than 10 years ago and continue to be tracked consistent with the provisions of Section 423. Those are General Plan Amendment Nos. GP2012-005, GP2012-002, GP2016-001, and GP2020-004. The following table shows the increases attributable to the subject amendment, prior amendments, and the resulting totals thereby demonstrating that no vote would be required since the Project would not meet any of the aforementioned thresholds. Charter Section 423, Measure S Analysis for Statistical Area B-5 Amendments Increased Density Increased Intensity Peak Hour Trip Increase AM PM GP2012-005 (PA2012-146) 7 0 0 0 GP2012-002 (PA2012-031) 0 23,725 0 0 GP2016-001 (PA2016-061) 0 4,745 0 0 GP2020-004 (PA2020-068) 0 15,103 2.8 3.05 Total Prior Increases 7 43,573 2.8 3.05 27 Planning Commission Resolution No. PC2023-003 Page 6 of 25 80% of Prior Increases 5.6 34,858.40 2.24 2.44 100% of Proposed GPA (PA2020-060) 2 0 0 0 Total 7.6 34,858.4 2.24 2.44 Threshold 100 40,000 100 100 Remaining 92.4 5,141.6 97.76 97.56 Vote Required? No No No No Code Amendment An amendment to Title 20 is requested to change the zoning designation and the setback map which applies to the Property. Code amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience, and the general welfare. Findings and Facts in Support of Findings: 1. The amendment to Title 20 would change the zoning designation from Commercial Neighborhood (CN) to Two-Unit Residential (R-2). The Commercial Neighborhood (CN) zone is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The Project requires the authorization of a zone change to R-2, which is intended to provide for areas appropriate for a maximum of two residential dwelling units located on a single legal lot. 2. The Property is located between a large shopping center that is approximately 163,000 square feet and three two (2)-unit residential properties which are directly abutting the Property to the south. The Property, which is 3,466 square feet in lot area, is consistent with the adjacent residential properties in size, which range from 3,150 to 3,796 square feet. 3. The amendment to Setback Map S-2B of Title 20 removes a front setback along the side property line, which would result in a three 3-foot side setback that is typical for residential development in the surrounding residential lots. This would allow for fences, walls, or other accessory structures to a maximum height of six (6) feet in the side setback area, where the maximum height of accessory structures in a front setback is 42 inches. 28 Planning Commission Resolution No. PC2023-003 Page 7 of 25 4. The proposed development is consistent with the development standards of the R-2 zone, which include setbacks, floor area, height, and parking. Local Coastal Program Amendment Finding: As set forth in Section 30500 of the California Public Resources Code, the California Coastal Act requires each county and city to prepare a local coastal program (“LCP”) for that portion of the Coastal Zone within its jurisdiction. The California Coastal Commission effectively certified the City’s LCP Implementation Plan on January 13, 2017, and the City of Newport Beach (“City”) added Title 21 to the NBMC whereby the City assumed coastal development permit- issuing authority as of January 30, 2017. Facts in Support of Findings: 1. An amendment to the Coastal Land Use Plan (“CLUP”) is necessary to change the Coastal land use designation from Neighborhood Commercial (CN) – (0.0 to 0.30 FAR) to Two Unit Residential (RTE) – (30.0 – 39.9 DU/AC). 2. An amendment to Title 21 of the NBMC is necessary to change the Coastal Zoning District from Commercial Neighborhood (CN) to Two-Unit Residential (R-2). 3. The LCPA is consistent with other applicable land use policies of the Coastal Land Use Plan as provided below: a. Coastal Land Use Element Policy 2.2.5-1: Legal nonconforming structures shall be brought into conformity in an equitable, reasonable, and timely manner as rebuilding occurs. Limited renovations that improve the physical quality and character of the buildings may be allowed. Rebuilding after catastrophic damage or destruction due to a natural event, an act of public enemy, or accident may be allowed in limited circumstances that do not conflict with other policies and of the Coastal Land Use Plan. The existing restaurant was constructed in 1902 and is considered a legal, nonconforming development due to insufficient parking and the lack of an accessibility ramp. The property, which is 3,466 square feet in area, is relatively small and unable to accommodate a reasonably sized commercial building with the required parking to support it. As a CN-zoned property, the maximum floor area ratio (FAR) is 0.30, which allows for a 1,040-square-foot commercial building. A commercial use, such as a visitor-serving retail store, in a building of this size would typically require five (5) parking spaces (one (1) space required per 250 square feet of gross floor area). A new commercial building, along with the required parking and compliance with accessibility requirements would not be suitable on the property due to size restraints. A two-unit 29 Planning Commission Resolution No. PC2023-003 Page 8 of 25 residential condominium that complies with all applicable development standards, including parking, is an appropriate replacement for the existing nonconforming restaurant. b. Coastal Land Use Element Policy 2.3.1-5: Protect special communities and neighborhoods which, because of their unique characteristics, are popular visitor destination points for recreational uses. The project does not change the unique characteristics of the Balboa Peninsula, nor does it deter visitors to the nearby beach. The project alleviates the nonconforming parking of the existing restaurant, which causes public parking to be occupied by patrons of the restaurant. Since the condominiums provide required parking, the supply of street parking will be better utilized for visitors to the beach. c. Coastal Land Use Element Policy 2.3.1-6: Where feasible, reserve upland areas necessary to support coastal recreational uses for such uses; d. Coastal Land Use Element Policy 2.4.1-2: When appropriate, accommodate coastal- related developments within reasonable proximity to the coastal-dependent uses they support; e. Coastal Land Use Element Policy 2.4.1-3: Discourage re-use of properties that result in the reduction of coastal-dependent commercial uses. Allow the re-use of properties that assure coastal-dependent uses remain, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project; and f. Coastal Land Use Element Policy 2.4.1-4: Design and site new development to avoid impacts to existing coastal-dependent and coastal-related developments. When reviewing proposals for land use changes, give full consideration to the impact on coastal-dependent and coastal-related land uses including not only the proposed change on the subject property, but also the potential to limit existing coastal- dependent and coastal-related land uses on adjacent properties. The property is located approximately 450 feet from the beach. Although it is within the general vicinity of the beach, it is not an ideal location for a coastal recreational use (examples include passenger/sightseeing boats, boat rentals and sales, boat/ship repair and maintenance, etc.). The property is adjacent to three residential properties to the east and is similar in size and shape to the residential lots. The project does not result in the reduction of coastal-dependent commercial uses since the existing use is a restaurant. g. Coastal Land Use Element Policy 2.3.1-7: Give priority to visitor-serving and recreational uses in the mixed-use areas of the Balboa Peninsula, and Balboa Island. As discussed above, there are numerous visitor-serving uses on the Balboa Peninsula. The property is relatively small in size and is more suitable for the proposed residential development. Additionally, although the existing use is not for recreational use, there 30 Planning Commission Resolution No. PC2023-003 Page 9 of 25 are many recreational uses in other areas of the Balboa Peninsula, including recreational equipment rental stores at 2001 West Balboa Boulevard, 601 East Balboa Boulevard, 2233 West Balboa Boulevard, 2000 West Balboa Boulevard, etc. Visitor- serving and recreational uses are a continuing priority in the surrounding area. h. Coastal Land Use Element Policy 2.7-1: Continue to maintain appropriate setbacks and density, floor area, and height limits for residential development to protect the character of established neighborhoods and to protect coastal access and coastal resources. The Project includes two (2) residential condominiums, which is consistent with the allowed density on the adjacent residential lots located to the south. The Project also complies with development standards typical for a two (2)-unit residential development, including setbacks, floor area, and height limits. i. Coastal Land Use Element Policy 2.9.3-1: Site and design new development to avoid use of parking configurations or parking management programs that are difficult to maintain and enforce. The Project includes a compliant garage and carport configuration for each unit. This parking configuration is typical for two (2)-unit residential developments throughout the City. The parking is directly accessed by a curb cut from Balboa Boulevard. j. Coastal Land Use Element Policy 2.9.3-2: Continue to require new development to provide off-street parking sufficient to serve the approved use in order to minimize impacts to public on-street and off-street parking available for coastal access; k. Coastal Land Use Element Policy 2.9.3-3: Require that all proposed development maintain and enhance public access to the coast by providing adequate parking pursuant to the off-street parking regulations of the Zoning Code in effect as of October 13, 2005; and l. Coastal Land Use Element Policy 2.9.3-5: Continue to require off-street parking in new development to have adequate dimensions, clearances, and access to insure their use. Title 21 requires two (2) parking spaces per residential unit (one in a garage and one covered or in a garage). The Project provides one space in a garage and one covered parking space for a total of two (2) spaces per unit. The spaces are accessible from Newport Boulevard and are dimensioned to comply with Title 20’s minimum parking standards. 31 Planning Commission Resolution No. PC2023-003 Page 10 of 25 4. Although the Project would replace a lower-cost visitor-serving restaurant with a two (2)- unit residence, there are numerous lower-cost restaurants that are similar located nearby the Property. The adjacent shopping center at 3100 Newport Boulevard includes Gina’s Pizza, Chihuahua Cerveza, and Chipotle Mexican Grill. Additionally, nearby restaurants include Mama D’s at 3012 Newport Boulevard, Sessions Sandwiches at 2823 Newport Boulevard, Avila’s El Ranchito at 2800 Newport Boulevard, Laventina’s Pizza at 2819 Newport Boulevard, Ho Sum Bistro at 3112 Newport Boulevard, Hook and Anchor at 3305 Newport Boulevard Suite A, Chicken Bun Bun at 3305 Newport Boulevard Suite E, Newport Fresh Sushi at 3305 Newport Boulevard Suite F, Crew Coffee at 3300 Newport Boulevard, and Malarky’s Irish Pub at 3011 Newport Boulevard. The Project’s replacement of the existing restaurant will not change the character of the Balboa Peninsula area as a mixed-use area with commercial and residential uses. 5. The Property is one of five (5) lots categorized as Neighborhood Commercial (CN) by the Coastal Land Use Plan and Title 21 located on 32nd Street between Balboa and Newport Boulevards. Collectively, these Neighborhood Commercial (CN) properties total 189,562 square feet. The Property is 3,466 square feet and represents 1.8 percent of the total lot area of these Neighborhood Commercial (CN) properties. Additional Neighborhood Commercial (CN) properties are located on the corner of Bayside Drive and Jamboree Road and on the corner of West Coast Highway and Balboa Boulevard. 6. The amendment to Setback Map S-2B of Title 21 removes a front setback along the side property line, which would result in a three (3)-foot side setback that is typical for residential development in the surrounding residential lots. This would allow for fences, walls, or other accessory structures to a maximum height of six (6) feet in the side setback area, where the maximum height of accessory structures in a front setback is 42 inches. 7. Pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8, drafts of the LCPA were made available and a Notice of Availability was distributed on October 5, 2022, at least six (6) weeks prior to the anticipated final action date. Tentative Parcel Map The Planning Commission determined in this case that the Tentative Parcel Map is consistent with the legislative intent of Title 20 (Planning and Zoning) of the NBMC and is approved based on the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps) of the NBMC: 32 Planning Commission Resolution No. PC2023-003 Page 11 of 25 Finding: A. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: 1. The Tentative Parcel Map is for two (2)-unit residential condominium purposes. The Property currently consists of a restaurant. The Project includes the demolition of the restaurant and construction of a new duplex. The Project also includes an amendment to the General Plan, Local Coastal Program, and Zoning Code to change the lot to two- unit residential land use and zoning. The proposed subdivision and improvements are consistent with the density of the proposed R-2 Zoning District and the Two Unit Residential (RT) General Plan Land Use category. 2. The Property is not located within a specific plan area. 3. The Project is conditioned to require public improvements, including the reconstruction of sidewalks, curbs, and gutters along the Balboa Boulevard frontage as needed, as well as the undergrounding of utilities, consistent with the Title 19 (Subdivisions) of the NBMC. Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The Property is physically suitable for a duplex because it is relatively flat. Due to the angled rear property line, the Property is irregular in shape. However, the residential lots to the south have a similar irregular shape and are suitable for residential development. 2. The Property is accessible from Balboa Boulevard. 3. The Property is adequately served by existing utilities, as the Property is currently improved with a restaurant. 4. The existing crosswalk is proposed to be relocated from the southeast corner to the northeast corner of Balboa Boulevard and 31st Street. 33 Planning Commission Resolution No. PC2023-003 Page 12 of 25 Finding: C. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. The Property is located within an existing neighborhood that does not contain any sensitive vegetation or habitat on-site. Nearby uses include a large shopping center and residences. 2. 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. Section 2 of this Resolution is hereby incorporated by reference. Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Fact in Support of Finding: The Tentative Parcel Map is for condominium purposes. All improvements associated with the Project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 (General Improvement Requirements) of the NBMC and Section 66411 (Local Agencies to Regulate and Control Design of Subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. Finding: E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision making body may approve a 34 Planning Commission Resolution No. PC2023-003 Page 13 of 25 map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: 1. The Public Works Department has reviewed the proposed Tentative Parcel Map and determined that the design of the development will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed development because no public easements are located on the Property. 2. There are no existing easements either through or adjacent to the Property. Finding: F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Fact in Support of Finding: The Property is not subject to the Williamson Act because the Property is not designated as an agricultural preserve and is less than 100 acres in area. Finding: G. That, in the case of a “land project” as defined in Section 11000.5 of the California Business and Professions Code: (1) there is an adopted specific plan for the area to be included within the land project; and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: 1. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this Project is not considered a “land project” as previously 35 Planning Commission Resolution No. PC2023-003 Page 14 of 25 defined in Section 11000.5 of the California Business and Professions Code because the -Property does not contain 50 or more parcels of land. 2. The Project is not located within a specific plan area. Finding: H. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Fact in Support of Finding: The Tentative Parcel Map and any future improvements are subject to Title 24 of the California Code of Regulations (“CBC”) that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces the CBC compliance through the plan check and inspection process. Finding: I. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City’s share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City’s residents and available fiscal and environmental resources. Fact in Support of Finding: The Project is consistent with the proposed R-2 Zoning District, which allows up to two (2) residential units on the property. Since the Project is to replace an existing restaurant with two (2) residential units, there is an increase in housing units which contributes to meeting the regional housing need. Finding: J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Fact in Support of Finding: 36 Planning Commission Resolution No. PC2023-003 Page 15 of 25 The residential building under construction has been designed to have wastewater discharge into the existing sewer system and complies with the Regional Water Quality Control Board (“RWQCB”) requirements. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Fact in Support of Finding: The Property is within the Coastal Zone. All Facts in Support of Findings L and M are hereby incorporated by reference. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: L. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Project includes an amendment to the Local Coastal Program, including both the CLUP and Title 21, to change the coastal land use category and coastal zoning from Neighborhood Commercial (CN) to Two Unit Residential. Additionally, the Project amends Setback Map S-2B of Title 21 to remove a front setback along the side property, which would result in a side setback that is consistent with the abutting residential properties. 2. The Tentative Parcel Map is for two (2)-unit residential condominium purposes. The proposed two (2)-unit residence conforms to all applicable development standards of the R-2 Coastal Zoning District, including floor area limit, setbacks, height, and off-street parking. The proposed subdivision and improvements are consistent with the density of the R-2 Coastal Zoning District. a. The maximum floor area limitation is 4,485 square feet and the proposed floor area is 3,564 square feet. 37 Planning Commission Resolution No. PC2023-003 Page 16 of 25 b. The Project complies with the required setbacks, which are five (5) feet abutting Balboa Boulevard, 10 feet abutting the rear property line, and three (3) feet along each side property line. The proposed setbacks are consistent with the abutting residences to the south of the Property. c. The highest guardrail/parapet is below 24 feet from established grade and the highest ridge is 29 feet from established grade. The proposed development complies with all height requirements. d. The Project provides a one (1)-car garage and one (1)-car carport per dwelling unit, complying with the minimum parking requirement for a two (2)-unit residence. 3. The Property is located between a large shopping center and three two-unit residences. Other than the shopping center, the neighborhood is predominantly developed with two (2) and three (3) story single and two (2)-unit residences. The proposed three (3)-story structure’s design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 4. The finish floor elevation of the proposed dwelling is nine (9) feet based on the North American Vertical Datum of 1988 (NAVD 88), which complies with the minimum nine (9)-foot (NAVD 88) elevation standard. 5. The Property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the CBC and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and the CBC prior to building permit issuance. 6. The Tentative Parcel Map is for a property within a developed neighborhood that is over 700 feet from the mean high-water line and is not near any natural landforms or environmentally sensitive areas. 7. The Property is not located adjacent to a coastal view road, public viewpoint, public park, or public accessway, as identified in the Coastal Land Use Plan. The Project is located approximately 500 feet from the nearest public beach accessed from the 31st Street street- end which is identified as public beaches in the Coastal Land Use Plan. The Project may be located within the viewshed of other distant public viewing areas. Site evaluation 38 Planning Commission Resolution No. PC2023-003 Page 17 of 25 revealed that the proposed three-story design is consistent with the existing neighborhood pattern of development and will not affect the existing views of the ocean. The Project complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Therefore, the Project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. Finding: M. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: The Property is not located between the first public road paralleling the sea. The Project would allow the conversion of a property from commercial to residential, and each unit of a proposed duplex to be sold individually. Although the Project involves a change in land use, it does not result in a density or intensity that will increase demand on public access and recreation opportunities. As previously discussed in the Charter Section 423 above, the conversion to two residential units reduces traffic. Due to the location and scope of the Project, it can be concluded that approval of the parcel map will not affect public recreation, access or views. 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 or Conversion of Small Structures) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines 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. 39 Planning Commission Resolution No. PC2023-003 Page 18 of 25 3. The Planning Commission of the City of Newport Beach hereby recommends approval of Planning Application No. PA2020-060 which includes a General Plan Amendment, Local Coastal Program Amendment, Code Amendment, Tentative Parcel Map, and Coastal Development Permit, subject to the conditions set forth in Exhibit “B,” which is attached hereto and incorporated by reference. PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF JANUARY, 2023. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ , Chair BY:_________________________ Mark Rosene, Secretary ATTACHMENT(S): Exhibit A – Legal Description Exhibit B – Conditions of Approval 40 Planning Commission Resolution No. PC2023-003 Page 19 of 25 EXHIBIT “A” LEGAL DESCRIPTION THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 40 FEET BEING PARALLEL TO AND 50 FEET FROM THE SOUTHEASTERLY LINE OF LOT 1 IN BLOCK 130 OF LAKE TRACT, AS PER MAP RECORDED IN BOOK 4, PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (COMPLETE LEGAL DESCRIPTION TO FOLLOW) 41 Planning Commission Resolution No. PC2023-003 Page 20 of 25 EXHIBIT “B” 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 Coastal Development Permit and Tentative Parcel Map. 4. This Coastal Development and Tentative Parcel Map may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. 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. 6. Prior to the issuance of a building permit, approval from the California Coastal Commission shall be required. 7. Prior to the issuance of a building permit, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 8. Prior to building permit final, the Applicant shall pay required in-lieu park dedication fees for two new residential units. 9. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA: 42 Planning Commission Resolution No. PC2023-003 Page 21 of 25 A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 10. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 11. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 12. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 13. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stockpiles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 14. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 15. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 16. Prior to the issuance of building permits, the Applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 43 Planning Commission Resolution No. PC2023-003 Page 22 of 25 17. Prior to the issuance of building permits, the Applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 18. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 19. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 20. 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. 21. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 22. 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. 23. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 24. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC. 44 Planning Commission Resolution No. PC2023-003 Page 23 of 25 25. 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 Hanna Residences including, but not limited to a General Plan Amendment, Local Coastal Program Amendment, Code Amendment, Tentative Parcel Map, and Coastal Development Permit (PA2020-060). 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 26. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company. Building Division 27. 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. 28. 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. 45 Planning Commission Resolution No. PC2023-003 Page 24 of 25 Off-Site Impacts • Encourage carpooling 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 (6)-inch surface layer, subject to review/discretion of the geotechnical engineer. 29. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project Applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project’s impact on water quality. 30. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 31. 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 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 32. A Parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The 46 Planning Commission Resolution No. PC2023-003 Page 25 of 25 Map to be submitted to the City of Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted. 33. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one-inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 34. Prior to building permit final, the Owner shall design and install the relocation of the existing crosswalk from the southwestern corner to the northwestern corner of Balboa Boulevard and 31st Street. 35. All improvements shall be constructed as required by Ordinance and the Public Works Department. 36. Sidewalk shall be constructed along the entire project frontage of Balboa Boulevard per City Standard 180. 37. Each unit shall be served by its individual water service and sewer service installed per City Standards. Each water meter and sewer cleanout shall be installed with a traffic- grade box and cover. 38. All existing overhead utilities shall be undergrounded. 39. An encroachment permit is required for all work activities within the public right-of-way. 40. All improvements shall comply with the City’s sight distance requirement. See City Standard 105. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within public right-of-way could be required at the discretion of the Public Works Inspector. 41. The project shall relocate the existing enhanced crosswalk crossing Balboa Boulevard in front of the proposed project. Final design shall be reviewed and approved by the Public Works Department. 47 INTENTIONALLY BLANK PAGE48 Attachment No. PC 2 General Plan Amendment Map 49 INTENTIONALLY BLANK PAGE50 11 9 A 11 1 A 10 9 11 9 A 310012 7 B 12 5 11 7 12 6 1 / 2 12 6 12 4 1 / 2 12 4 12 2 1 / 2 12 2 12 0 1 / 2 12 0 11 8 11 6 1 / 2 11 6 11 2 11 0 1 / 2 11 0 10 8 10 6 B 291210 53012 A3010 A300830063004300012 3 1 / 2 12 3 12 7 12 1 1 / 2 12 1 11 9 B 11 7 1 / 2 11 3 10 7 12 6 A 12 4 12 2 12 0 1 / 2 11 6 11 0 10 8 10 6 12 2 12 0 11 8 11 6 11 2 11 1 10 9 10 7 12 3 12 5 12 7 12 9 11 7 11 7 1 / 2 11 3 11 5 11 5 1 / 2 121119 123 125 117115 12 4 122 12 6 12 6 1 / 2 12 9 1 / 2 12 9 12 1 A 11 0 B 12 1 B 12 5 A 11 8 A 11 2 A 11 4 A 11 2 B 11 4 B 11 8 B 12 5 B 3014 B3014 A2914 B2914 A12 6 B 12 6 A 22 0 B 20 8 B 22 1 B 22 3 A - C 20 9 20 7 21 5 22 1 1 / 2 22 1 21 9 1 / 2 21 7 21 7 1 / 2 21 9 21 3 32 0 6 1 / 2 32 0 6 22 2 1 / 2 22 2 21 4 1 / 2 21 4 21 0 B 21 2 B 20 6 21 5 1 / 2 21 5 21 3 21 3 1 / 2 21 1 A 21 7 20 9 20 9 1 / 2 20 7 1 / 2 20 7 20 5 20 5 1 / 2 20 6 1 / 2 20 4 31 5 31 3 31 3 1 / 2 30 9 30 7 30 5 30 3 30 1 30 4 30 2 30 0 3001301130 8 30 0 30 0 9 31 0 1 31 0 7 31 0 9 31 2 1 310031 3 0 31 3 4 31 3 6 31 3 8 3012301420 9 21 3 21 5 21 73018 22 1 22 3 21 7 1 / 2 21 7 21 5 A - C 21 3 21 1 20 9 20 7 20 5 20 3 21 9 20 1 1 / 2 20 1 20 7 A 20 5 A 20 3 A 20 1 A 21 2 21 0 A 20 8 20 6 20 4 A 20 2 A 20 0 20 6 20 6 1 / 2 21 6 A 21 4 1 / 2 21 4 21 0 21 2 A 20 8 21 8 1 / 2 21 8 20 0 B 20 2 20 4 20 4 1 / 2 20 9 A B 21 1 A B 21 7 21 1 A 21 1 B 3010 1/230083008 1/212 1 12 3 1 / 2 12 1 1 / 2 12 3 22 0 1 / 2 22 0 22 2 1 / 2 22 2 21 4 21 4 1 / 2 21 6 21 6 1 / 2 31 1 A 31 1 B 21 9 1 / 2 21 9 22 3 1 / 2 22 3 31 5 2 31 1 9 31 1 7 31 4 2 3010 B3012 B2912 1/220 1 B 20 3 B 20 5 B 20 7 B 20 4 B 21 0 B 21 0 C 21 6 B 21 5 1 / 2 20 4 ( 1 - 2 ) 11 7 1 / 2 11 9 B 31 5 1 / 4 31 5 1 / 2 11 7 11 9 A 10 6 A 10 8 1 / 2 12 7 1 / 2 12 5 1 / 2 12 7 A 21 3 1 / 2 21 2 B 21 0 1 / 2 20 2 B 12 0 12 2 1 / 2 12 4 1 / 2 12 6 B 10 9 1 / 2 10 6 1 / 2 20 6 1 / 2 20 8 1 / 2 20 0 A 20 2 1 / 230103012 1/211 1 B 11 3 1 / 2 11 0 1 / 2 20 6 1 / 2 20 8 A 21 0 A 21 2 A 22 1 A 21 7 1 / 2 11 3 1 / 2 11 5 1 / 2 11 8 1 / 2 11 9 B 21 1 B 22 0 A 20 9 1 / 2 12 8 12 8 1 / 2 21 6 1 / 2 21 6 11 5 B 11 5 A RT CV CN RT PF B A L B O A B L V D LA K E A V E33RD ST30TH STO C E A N F R O N T W 32ND ST32ND ST31ST STM A R C U S A V E B ALB O A B LV D NEWPORTBLVD29TH STPA2020-060_GP_Amendment.mxd 0 11055 FeetI City of Newport BeachGIS DivisionSeptember 28, 2022PA2020-060 General Plan Amendment No. GP2020-0023014 Balboa Blvd Land Use Change: Neighborhood Commercial (CN 0.30 FAR) to to Two-Unit Residential (RT) 51 INTENTIONALLY BLANK PAGE52 Attachment No. PC 3 Zoning Code Amendment Map 53 INTENTIONALLY BLANK PAGE54 11 9 A 11 1 A 10 9 11 9 A 310012 7 B 12 5 11 7 12 6 1 / 2 12 6 12 4 1 / 2 12 4 12 2 1 / 2 12 2 12 0 1 / 2 12 0 11 8 11 6 1 / 2 11 6 11 2 11 0 1 / 2 11 0 10 8 10 6 B 291210 53012 A3010 A300830063004300012 3 1 / 2 12 3 12 7 12 1 1 / 2 12 1 11 9 B 11 7 1 / 2 11 3 10 7 12 6 A 12 4 12 2 12 0 1 / 2 11 6 11 0 10 8 10 6 12 2 12 0 11 8 11 6 11 2 11 1 10 9 10 7 12 3 12 5 12 7 12 9 11 7 11 7 1 / 2 11 3 11 5 11 5 1 / 2 121119 123 125 117115 12 4 122 12 6 12 6 1 / 2 12 9 1 / 2 12 9 12 1 A 11 0 B 12 1 B 12 5 A 11 8 A 11 2 A 11 4 A 11 2 B 11 4 B 11 8 B 12 5 B 3014 B3014 A2914 B2914 A12 6 B 12 6 A 22 0 B 20 8 B 22 1 B 22 3 A - C 20 9 20 7 21 5 22 1 1 / 2 22 1 21 9 1 / 2 21 7 21 7 1 / 2 21 9 21 3 32 0 6 1 / 2 32 0 6 22 2 1 / 2 22 2 21 4 1 / 2 21 4 21 0 B 21 2 B 20 6 21 5 1 / 2 21 5 21 3 21 3 1 / 2 21 1 A 21 7 20 9 20 9 1 / 2 20 7 1 / 2 20 7 20 5 20 5 1 / 2 20 6 1 / 2 20 4 31 5 31 3 31 3 1 / 2 30 9 30 7 30 5 30 3 30 1 30 4 30 2 30 0 3001301130 8 30 0 30 0 9 31 0 1 31 0 7 31 0 9 31 2 1 310031 3 0 31 3 4 31 3 6 31 3 8 3012301420 9 21 3 21 5 21 73018 22 1 22 3 21 7 1 / 2 21 7 21 5 A - C 21 3 21 1 20 9 20 7 20 5 20 3 21 9 20 1 1 / 2 20 1 20 7 A 20 5 A 20 3 A 20 1 A 21 2 21 0 A 20 8 20 6 20 4 A 20 2 A 20 0 20 6 20 6 1 / 2 21 6 A 21 4 1 / 2 21 4 21 0 21 2 A 20 8 21 8 1 / 2 21 8 20 0 B 20 2 20 4 20 4 1 / 2 20 9 A B 21 1 A B 21 7 21 1 A 21 1 B 3010 1/230083008 1/212 1 12 3 1 / 2 12 1 1 / 2 12 3 22 0 1 / 2 22 0 22 2 1 / 2 22 2 21 4 21 4 1 / 2 21 6 21 6 1 / 2 31 1 A 31 1 B 21 9 1 / 2 21 9 22 3 1 / 2 22 3 31 5 2 31 1 9 31 1 7 31 4 2 3010 B3012 B2912 1/220 1 B 20 3 B 20 5 B 20 7 B 20 4 B 21 0 B 21 0 C 21 6 B 21 5 1 / 2 20 4 ( 1 - 2 ) 11 7 1 / 2 11 9 B 31 5 1 / 4 31 5 1 / 2 11 7 11 9 A 10 6 A 10 8 1 / 2 12 7 1 / 2 12 5 1 / 2 12 7 A 21 3 1 / 2 21 2 B 21 0 1 / 2 20 2 B 12 0 12 2 1 / 2 12 4 1 / 2 12 6 B 10 9 1 / 2 10 6 1 / 2 20 6 1 / 2 20 8 1 / 2 20 0 A 20 2 1 / 230103012 1/211 1 B 11 3 1 / 2 11 0 1 / 2 20 6 1 / 2 20 8 A 21 0 A 21 2 A 22 1 A 21 7 1 / 2 11 3 1 / 2 11 5 1 / 2 11 8 1 / 2 11 9 B 21 1 B 22 0 A 20 9 1 / 2 12 8 12 8 1 / 2 21 6 1 / 2 21 6 11 5 B 11 5 A R-2 CV CN RT PF B A L B O A B L V D LA K E A V E33RD ST30TH STO C E A N F R O N T W 32ND ST32ND ST31ST STM A R C U S A V E B ALB O A B LV D NEWPORTBLVD29TH STPA2020-060_CA_Amendment.mxd 0 11055 FeetI City of Newport BeachGIS DivisionSeptember 28, 2022PA2020-060 Zoning Code Amendment No. CA2020-0063014 Balboa Blvd Zoning District Change: Commercial Neighborhood (CN 0.30 FAR) to to Two-Unit Residential (R-2) 55 INTENTIONALLY BLANK PAGE56 Attachment No. PC 4 Local Coastal Program Amendment Maps 57 INTENTIONALLY BLANK PAGE58 11 9 A 11 1 A 10 9 11 9 A 310012 7 B 12 5 11 7 12 6 1 / 2 12 6 12 4 1 / 2 12 4 12 2 1 / 2 12 2 12 0 1 / 2 12 0 11 8 11 6 1 / 2 11 6 11 2 11 0 1 / 2 11 0 10 8 10 6 B 291210 53012 A3010 A300830063004300012 3 1 / 2 12 3 12 7 12 1 1 / 2 12 1 11 9 B 11 7 1 / 2 11 3 10 7 12 6 A 12 4 12 2 12 0 1 / 2 11 6 11 0 10 8 10 6 12 2 12 0 11 8 11 6 11 2 11 1 10 9 10 7 12 3 12 5 12 7 12 9 11 7 11 7 1 / 2 11 3 11 5 11 5 1 / 2 121119 123 125 117115 12 4 122 12 6 12 6 1 / 2 12 9 1 / 2 12 9 12 1 A 11 0 B 12 1 B 12 5 A 11 8 A 11 2 A 11 4 A 11 2 B 11 4 B 11 8 B 12 5 B 3014 B3014 A2914 B2914 A12 6 B 12 6 A 22 0 B 20 8 B 22 1 B 22 3 A - C 20 9 20 7 21 5 22 1 1 / 2 22 1 21 9 1 / 2 21 7 21 7 1 / 2 21 9 21 3 32 0 6 1 / 2 32 0 6 22 2 1 / 2 22 2 21 4 1 / 2 21 4 21 0 B 21 2 B 20 6 21 5 1 / 2 21 5 21 3 21 3 1 / 2 21 1 A 21 7 20 9 20 9 1 / 2 20 7 1 / 2 20 7 20 5 20 5 1 / 2 20 6 1 / 2 20 4 31 5 31 3 31 3 1 / 2 30 9 30 7 30 5 30 3 30 1 30 4 30 2 30 0 3001301130 8 30 0 30 0 9 31 0 1 31 0 7 31 0 9 31 2 1 310031 3 0 31 3 4 31 3 6 31 3 8 3012301420 9 21 3 21 5 21 73018 22 1 22 3 21 7 1 / 2 21 7 21 5 A - C 21 3 21 1 20 9 20 7 20 5 20 3 21 9 20 1 1 / 2 20 1 20 7 A 20 5 A 20 3 A 20 1 A 21 2 21 0 A 20 8 20 6 20 4 A 20 2 A 20 0 20 6 20 6 1 / 2 21 6 A 21 4 1 / 2 21 4 21 0 21 2 A 20 8 21 8 1 / 2 21 8 20 0 B 20 2 20 4 20 4 1 / 2 20 9 A B 21 1 A B 21 7 21 1 A 21 1 B 3010 1/230083008 1/212 1 12 3 1 / 2 12 1 1 / 2 12 3 22 0 1 / 2 22 0 22 2 1 / 2 22 2 21 4 21 4 1 / 2 21 6 21 6 1 / 2 31 1 A 31 1 B 21 9 1 / 2 21 9 22 3 1 / 2 22 3 31 5 2 31 1 9 31 1 7 31 4 2 3010 B3012 B2912 1/220 1 B 20 3 B 20 5 B 20 7 B 20 4 B 21 0 B 21 0 C 21 6 B 21 5 1 / 2 20 4 ( 1 - 2 ) 11 7 1 / 2 11 9 B 31 5 1 / 4 31 5 1 / 2 11 7 11 9 A 10 6 A 10 8 1 / 2 12 7 1 / 2 12 5 1 / 2 12 7 A 21 3 1 / 2 21 2 B 21 0 1 / 2 20 2 B 12 0 12 2 1 / 2 12 4 1 / 2 12 6 B 10 9 1 / 2 10 6 1 / 2 20 6 1 / 2 20 8 1 / 2 20 0 A 20 2 1 / 230103012 1/211 1 B 11 3 1 / 2 11 0 1 / 2 20 6 1 / 2 20 8 A 21 0 A 21 2 A 22 1 A 21 7 1 / 2 11 3 1 / 2 11 5 1 / 2 11 8 1 / 2 11 9 B 21 1 B 22 0 A 20 9 1 / 2 12 8 12 8 1 / 2 21 6 1 / 2 21 6 11 5 B 11 5 A R-2 CV CN RT PF B A L B O A B L V D LA K E A V E33RD ST30TH STO C E A N F R O N T W 32ND ST32ND ST31ST STM A R C U S A V E B ALB O A B LV D NEWPORTBLVD29TH STPA2020-060_LC_Amendment.mxd 0 11055 FeetI City of Newport BeachGIS DivisionSeptember 28, 2022PA2020-060 Local Coastal Program Amendment No. LC2020-005 (Implementation Plan)3014 Balboa Blvd Coastal Zoning District Change: Commercial Neighborhood (CN 0.30 FAR) to to Two-Unit Residential (R-2) 59 INTENTIONALLY BLANK PAGE60 Attachment No. PC 5 Amended Setback Map S-2B 61 INTENTIONALLY BLANK PAGE62 11 9 A 11 1 A 10 9 11 9 A 310012 7 B 12 5 11 7 12 6 1 / 2 12 6 12 4 1 / 2 12 4 12 2 1 / 2 12 2 12 0 1 / 2 12 0 11 8 11 6 1 / 2 11 6 11 2 11 0 1 / 2 11 0 10 8 10 6 B 291210 53012 A3010 A300830063004300012 3 1 / 2 12 3 12 7 12 1 1 / 2 12 1 11 9 B 11 7 1 / 2 11 3 10 7 12 6 A 12 4 12 2 12 0 1 / 2 11 6 11 0 10 8 10 6 12 2 12 0 11 8 11 6 11 2 11 1 10 9 10 7 12 3 12 5 12 7 12 9 11 7 11 7 1 / 2 11 3 11 5 11 5 1 / 2 121119 123 125 117115 12 4 122 12 6 12 6 1 / 2 12 9 1 / 2 12 9 12 1 A 11 0 B 12 1 B 12 5 A 11 8 A 11 2 A 11 4 A 11 2 B 11 4 B 11 8 B 12 5 B 3014 B3014 A2914 B2914 A12 6 B 12 6 A 22 0 B 20 8 B 22 1 B 22 3 A - C 20 9 20 7 21 5 22 1 1 / 2 22 1 21 9 1 / 2 21 7 21 7 1 / 2 21 9 21 3 32 0 6 1 / 2 32 0 6 22 2 1 / 2 22 2 21 4 1 / 2 21 4 21 0 B 21 2 B 20 6 21 5 1 / 2 21 5 21 3 21 3 1 / 2 21 1 A 21 7 20 9 20 9 1 / 2 20 7 1 / 2 20 7 20 5 20 5 1 / 2 20 6 1 / 2 20 4 31 5 31 3 31 3 1 / 2 30 9 30 7 30 5 30 3 30 1 30 4 30 2 30 0 3001301130 8 30 0 30 0 9 31 0 1 31 0 7 31 0 9 31 2 1 310031 3 0 31 3 4 31 3 6 31 3 8 3012301420 9 21 3 21 5 21 73018 22 1 22 3 21 7 1 / 2 21 7 21 5 A - C 21 3 21 1 20 9 20 7 20 5 20 3 21 9 20 1 1 / 2 20 1 20 7 A 20 5 A 20 3 A 20 1 A 21 2 21 0 A 20 8 20 6 20 4 A 20 2 A 20 0 20 6 20 6 1 / 2 21 6 A 21 4 1 / 2 21 4 21 0 21 2 A 20 8 21 8 1 / 2 21 8 20 0 B 20 2 20 4 20 4 1 / 2 20 9 A B 21 1 A B 21 7 21 1 A 21 1 B 3010 1/230083008 1/212 1 12 3 1 / 2 12 1 1 / 2 12 3 22 0 1 / 2 22 0 22 2 1 / 2 22 2 21 4 21 4 1 / 2 21 6 21 6 1 / 2 31 1 A 31 1 B 21 9 1 / 2 21 9 22 3 1 / 2 22 3 31 5 2 31 1 9 31 1 7 31 4 2 3010 B3012 B2912 1/220 1 B 20 3 B 20 5 B 20 7 B 20 4 B 21 0 B 21 0 C 21 6 B 21 5 1 / 2 20 4 ( 1 - 2 ) 11 7 1 / 2 11 9 B 31 5 1 / 4 31 5 1 / 2 11 7 11 9 A 10 6 A 10 8 1 / 2 12 7 1 / 2 12 5 1 / 2 12 7 A 21 3 1 / 2 21 2 B 21 0 1 / 2 20 2 B 12 0 12 2 1 / 2 12 4 1 / 2 12 6 B 10 9 1 / 2 10 6 1 / 2 20 6 1 / 2 20 8 1 / 2 20 0 A 20 2 1 / 230103012 1/211 1 B 11 3 1 / 2 11 0 1 / 2 20 6 1 / 2 20 8 A 21 0 A 21 2 A 22 1 A 21 7 1 / 2 11 3 1 / 2 11 5 1 / 2 11 8 1 / 2 11 9 B 21 1 B 22 0 A 20 9 1 / 2 12 8 12 8 1 / 2 21 6 1 / 2 21 6 11 5 B 11 5 A1010 5 1055510105 10105555510 99995 RT B A L B O A B L V D LA K E A V E33RD ST30TH ST32ND ST32NDST31ST STM A R C U S A V E B A L B O A B L V D NEWPORTBLVD29TH STPA2020-060_CA_Amendment_setback.mxd 0 11055 FeetI City of Newport BeachGIS DivisionNovember 17, 2022PA2020-060 Zoning Code Amendment No. CA2020-0063014 Balboa Blvd Zoning District Change: Remove 3 ft front yard setback from Setback Map S-2B - Balboa Peninsula for propertylocated at 3014 Balboa Blvd 63 11 9 A 11 1 A 10 9 11 9 A 310012 7 B 12 5 11 7 12 6 1 / 2 12 6 12 4 1 / 2 12 4 12 2 1 / 2 12 2 12 0 1 / 2 12 0 11 8 11 6 1 / 2 11 6 11 2 11 0 1 / 2 11 0 10 8 10 6 B 291210 53012 A3010 A300830063004300012 3 1 / 2 12 3 12 7 12 1 1 / 2 12 1 11 9 B 11 7 1 / 2 11 3 10 7 12 6 A 12 4 12 2 12 0 1 / 2 11 6 11 0 10 8 10 6 12 2 12 0 11 8 11 6 11 2 11 1 10 9 10 7 12 3 12 5 12 7 12 9 11 7 11 7 1 / 2 11 3 11 5 11 5 1 / 2 121119 123 125 117115 12 4 122 12 6 12 6 1 / 2 12 9 1 / 2 12 9 12 1 A 11 0 B 12 1 B 12 5 A 11 8 A 11 2 A 11 4 A 11 2 B 11 4 B 11 8 B 12 5 B 3014 B3014 A2914 B2914 A12 6 B 12 6 A 22 0 B 20 8 B 22 1 B 22 3 A - C 20 9 20 7 21 5 22 1 1 / 2 22 1 21 9 1 / 2 21 7 21 7 1 / 2 21 9 21 3 32 0 6 1 / 2 32 0 6 22 2 1 / 2 22 2 21 4 1 / 2 21 4 21 0 B 21 2 B 20 6 21 5 1 / 2 21 5 21 3 21 3 1 / 2 21 1 A 21 7 20 9 20 9 1 / 2 20 7 1 / 2 20 7 20 5 20 5 1 / 2 20 6 1 / 2 20 4 31 5 31 3 31 3 1 / 2 30 9 30 7 30 5 30 3 30 1 30 4 30 2 30 0 3001301130 8 30 0 30 0 9 31 0 1 31 0 7 31 0 9 31 2 1 310031 3 0 31 3 4 31 3 6 31 3 8 3012301420 9 21 3 21 5 21 73018 22 1 22 3 21 7 1 / 2 21 7 21 5 A - C 21 3 21 1 20 9 20 7 20 5 20 3 21 9 20 1 1 / 2 20 1 20 7 A 20 5 A 20 3 A 20 1 A 21 2 21 0 A 20 8 20 6 20 4 A 20 2 A 20 0 20 6 20 6 1 / 2 21 6 A 21 4 1 / 2 21 4 21 0 21 2 A 20 8 21 8 1 / 2 21 8 20 0 B 20 2 20 4 20 4 1 / 2 20 9 A B 21 1 A B 21 7 21 1 A 21 1 B 3010 1/230083008 1/212 1 12 3 1 / 2 12 1 1 / 2 12 3 22 0 1 / 2 22 0 22 2 1 / 2 22 2 21 4 21 4 1 / 2 21 6 21 6 1 / 2 31 1 A 31 1 B 21 9 1 / 2 21 9 22 3 1 / 2 22 3 31 5 2 31 1 9 31 1 7 31 4 2 3010 B3012 B2912 1/220 1 B 20 3 B 20 5 B 20 7 B 20 4 B 21 0 B 21 0 C 21 6 B 21 5 1 / 2 20 4 ( 1 - 2 ) 11 7 1 / 2 11 9 B 31 5 1 / 4 31 5 1 / 2 11 7 11 9 A 10 6 A 10 8 1 / 2 12 7 1 / 2 12 5 1 / 2 12 7 A 21 3 1 / 2 21 2 B 21 0 1 / 2 20 2 B 12 0 12 2 1 / 2 12 4 1 / 2 12 6 B 10 9 1 / 2 10 6 1 / 2 20 6 1 / 2 20 8 1 / 2 20 0 A 20 2 1 / 230103012 1/211 1 B 11 3 1 / 2 11 0 1 / 2 20 6 1 / 2 20 8 A 21 0 A 21 2 A 22 1 A 21 7 1 / 2 11 3 1 / 2 11 5 1 / 2 11 8 1 / 2 11 9 B 21 1 B 22 0 A 20 9 1 / 2 12 8 12 8 1 / 2 21 6 1 / 2 21 6 11 5 B 11 5 A1010 5 1055510105 10105555510 99995 RT B A L B O A B L V D LA K E A V E33RD ST30TH ST32ND ST32NDST31ST STM A R C U S A V E B A L B O A B L V D NEWPORTBLVD29TH STPA2020-060_LC_Amendment_setback.mxd 0 11055 FeetI City of Newport BeachGIS DivisionNovember 17, 2022PA2020-060 Local Coastal Program Amendment No. LC2020-005 (Implementation Plan)3014 Balboa Blvd Coastal Zoning District Change: Remove 3 ft front yard setback from Setback Map S-2B - Balboa Peninsula for propertylocated at 3014 Balboa Blvd 64 Attachment No. PC 6 Project Plans 65 INTENTIONALLY BLANK PAGE66 PA2020-060Attachment No PC 6 - Project Plans67 PA2020-060Attachment No PC 6 - Project Plans68 PA2020-060Attachment No PC 6 - Project Plans69 PA2020-060Attachment No PC 6 - Project Plans70 PA2020-060Attachment No PC 6 - Project Plans71 PA2020-060Attachment No PC 6 - Project Plans72 RdM SURVEYING INC.RON MIEDEMA L.S. 465323016 LAKE FOREST DR. #409LAGUNA HILLS, CA 92653 949 858-2924 OFFICE 949 858-3438 FAXRDMSURVEYING@COX.NETADDRESS OF PROJECT:BENCH MARK:LEGAL DESCRIPTION:OWNER:TOPOGRAPHIC SURVEYJOB: 76-59 DATE: 2/6/20DESCRIPTIONLEGENDXX 123.45 P.P.WMF.F.G.F.CONC.F.S.M.H.PA.C.T.G.DECKBRICKWALLFENCEMEAS. ELEVATIONSREC. BRG. & DIST.BUILDINGPROPERTY LINEPOWER POLEWATER METERFINISH FLOORGARAGE FLOORCONCRETEFINISH SURFACEMAN-HOLEPLANTERASPHALTTOP-GRATENATURAL GRADEN.G.BENCH MARKSCALE 1"=8’0’8’16’ N A L D E S N E C I L R O Y E V R U S D L I F O R N I A S T A T E O F C A RONMIEDEMANo. 4653EXP. 9/30/203014 WEST BALBOA BLVD.NEWPORT BEACH, CA 27.13 RIDGE 26.97 T.O.R. 27.50 T.O.R. 11.36FS 11.35FS 11.34FS 11.37FS GRADEBREAKGRADEBREAK 12.03FS 10.15FS 12.04FF 5.88FF 12.04FF 11.88FS 8.78FS 8.38FS 8.33FS 8.35FS PALM 8.25FS 8.19FS 8.12FS 8.46FS 8.37FS 8.29FS 8.36FS 8.12FS 8.41FS 7.77FS 7.59FS 7.95FS 8.38FS 8.57FS 8.87FS 8.98FS 9.35FS 9.58FS 9.63FS 9.54FS DECK 9.54FS DECK 9.5FS DECK 12.1FS DECK 12.08FS DECK 9.81FS 8.6FS 9.59TC X 9.07FL 9.06FL 9.54TC X 9.03FL 9.01FL 9.65TC 9.54TC 9.50TC 9.66FS 9.8FS ST. LIGHT ST. LIGHT BOX 9.44FS 9.12FS 9.05FS 8.40FS 14.02TW 14.00TW 13.99TW 14.04TW 7.72FS P.P. 7.61FS SHED 10.51TW 10.5TW 10.55TW 11.31TW 11.93TW 13.63TW 11.23TW 7.34NG 9.15FS PADWM 9.63 0" TC 9.63FS 9.60TC 9.61TC 9.52FS 9.57FS 9.45FS 9.46FS 9.19FS 9.6FS 9.60 L&T L. S.5 8 4 8 9.16FS 9.54TC 9.33L&T 8.27FS 9.55FS 8.73FS 8.78FS 9.81FS 9.95 S&W CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. 9.84FS X X X X X PPPPPPPPPACACACACACACACACACACAC 10.2 3.0 CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. CONC. HANDRAILHANDRAILHANDRAIL CF.W. 1.9 GUTTER 4.9 3.7 BUILDING HCPARKINGHCSTRIPES ROOF SUPPORT NOPARKING BUILDING N53%%D34’20"E 70.01’N53%%D34’20"E 100.12’ N73%%D20’39"W 50.05’ N36%%D21’53"W 40.03’ BALBOA BOULEVARD 5.7BENCH MARK #J-782PORTION OF BLOCK 130 MAP OF LAKE TRACTMAGDI HANNANAVD88 DATUMELEVATION = 6.978BENCH MARK:PROPERTYLINEPROPERTYLINEPROPERTYLINEPROPERTYLINECENTERLINENEWPORT BEACHPA2020-060Attachment No PC 6 - Project Plans73 PA2020-060Attachment No PC 6 - Project Plans74 PA2020-060Attachment No PC 6 - Project Plans75 PA2020-060Attachment No PC 6 - Project Plans76 PA2020-060Attachment No PC 6 - Project Plans77 INTENTIONALLY BLANK PAGE78 Attachment No. PC 7 Correspondence Received 79 INTENTIONALLY BLANK PAGE80 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD, SUITE 300 LONG BEACH, CA 90802-4325 VOICE (562) 590-5071 FAX (562) 590-5084 Page 1 of 2 Date: October 19, 2022 To: The Honorable Newport Beach City Council Re: Draft Local Coastal Program Amendment to Revise Land Use Designation and Zoning Revision for 3014 Balboa Boulevard Thank you for the opportunity to review the draft amendment to the City of Newport Beach certified Local Coastal Program (LCP) for the Hanna Residences. The draft amendment would revise the Land Use Plan (LUP) and Implementation Plan (IP) to allow residential uses, rather than commercial uses, at 3014 Balboa Boulevard. The project site is in the coastal zone of the City of Newport Beach. The following comments address the draft LCP amendment and proposed project’s consistency with Chapter 3 policies of the California Coastal Act of 1976. The comments contained herein represent preliminary review by Coastal Commission staff; the comments should not be construed as representing the opinion of the Coastal Commission itself. As described below, the proposed LCP amendment and project raise issues relating to public access and recreation. The subject site (3014 Balboa Boulevard) is currently designated ‘Neighborhood Commercial’ in the City’s certified LUP and zoned ‘Commercial Neighborhood’ in the certified IP. The designation allows retail and commercial uses developed in “distinct centers oriented to primarily serve the needs of… residential uses in the immediate area.” The draft amendment would revise the land use designation and zoning for the subject site to ‘Two Unit Residential’, which allows solely residential use. The hearing notice indicates that the amendment is necessary to approve demolition of the existing restaurant and construction of two condominium units onsite. The existing lot is developed with a casual eatery and located one block from the public beach. The restaurant is adjacent to a strip mall which forms one of the distinct Neighborhood Commercial centers referenced in the certified LUP, as well as one of the select areas with lower-cost visitor-serving amenities. Despite its popularity as a visitor destination1, Balboa Peninsula is characterized primarily by residential and mixed-use designations in the certified LUP. Only four parcels in the Balboa Peninsula are designated Neighborhood Commercial. Chapter 3 of the Coastal Act requires maximized public access (Section 30210), prioritization of visitor-serving accommodations (Section 30222), and protection of lower-cost visitor facilities where feasible (Section 30213). The proposed LCP amendment and associated project would facilitate the elimination of an existing, affordable visitor-serving 1 Ref. https://www.visitnewportbeach.com/vacations/cannery-village/ 81 Land Use Designation/Zoning Revision for 3014 Balboa Boulevard Page 2 of 2 use for construction of residential development, which raises potential inconsistencies with the aforementioned Coastal Act policies. Furthermore, the subject draft amendment is preceded by four LCP amendments re-designating existing public uses for private residential development: LUP Amendment Nos. 1-98 for 1800—1806 Balboa Boulevard; 1-03-A for 205 Orange Street; 1-03-B for 1514 Balboa Boulevard; and 1-03-C for 129 Agate Avenue. All re-zoned sites were located within one block of the public beach. For consistency with Coastal Act Section 30105.5, the City must consider the incremental effects of the subject LCP amendment concurrent with past and probable future projects. The subject amendment raises questions of a cumulative effect on affordable visitor amenities. Commission staff therefore suggests the City deny the subject request and analyze alternative uses for the project site that adhere to the current LUP designation and maintain consistency with public access, recreation, and environmental justice policies of the Coastal Act and/or identify an offset that would address the loss of the site as a visitor serving amenity. Thank you for the opportunity to comment on the draft LCP amendment for the Hana Residences Project. Commission staff request notification of any future activity associated with this project or related projects. As stated above, the comments provided herein are preliminary in nature and additional comments may be appropriate when an LCP amendment request or coastal development permit application is submitted. If the City wishes to continue this discussion, please contact chloe.seifert@coastal.ca.gov and Commission staff can schedule a meeting. Sincerely, Chloe Seifert Coastal Program Analyst II South Coast District 82 Community Development Department CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment Memorandum To: Planning Commission From: David Lee, Associate Planner Date: January 4, 2023 Re: Item No. 5: Hanna Residences Draft Resolution Revision ________________________________________________________________ Additional language has been included on page 18 of the Draft Resolution (handwritten page 40) to clarify that the Tentative Parcel Map and Coastal Development Permit are effective only if the Local Coastal Program Amendment is certified by the Coastal Commission and subsequently adopted by City Council. Please note, Staff inadvertently left out page numbers on the staff report for this item. See link to updated numbered staff report here. Limited copies will be available at the meeting. Planning Commission - January 5, 2023 Item No. 5a - Additional Materials Received from Staff Hanna Residences (PA2020-060) Planning Commission Resolution No. PC2023-003 Page 18 of 25 3. The Planning Commission of the City of Newport Beach hereby recommends approval of Planning Application No. PA2020-060 which includes a General Plan Amendment, Local Coastal Program Amendment, Code Amendment, Tentative Parcel Map, and Coastal Development Permit, subject to the conditions set forth in Exhibit “B,” which is attached hereto and incorporated by reference. The Tentative Parcel Map and Coastal Development Permit are effective only if the Local Coastal Program Amendment is certified by the Coastal Commission and subsequently adopted by City Council. PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF JANUARY, 2023. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ , Chair BY:_________________________ Mark Rosene, Secretary ATTACHMENT(S): Exhibit A – Legal Description Exhibit B – Conditions of Approval Planning Commission - January 5, 2023 Item No. 5a - Additional Materials Received from Staff Hanna Residences (PA2020-060) Hanna Residences 3014 Balboa Boulevard Planning Commission Public Hearing January 5, 2023 David Lee, Associate Planner Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) Vicinity Map Subject Property Lot Size: 3,466 SF Land Use:CN Zoning:CN Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) Background •Constructed in 1902 as a 750 sq. ft. single-family residence (previously zoned for residential) •GPA/LCPA approved in 1986 to change to commercial •Food use authorized in 1996 •“Sancho’s Tacos” operating since 2013 Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) Project Request •General Plan Amendment•Change land use (CN to RT)•Local Coastal Program Amendment •Change Coastal Land Use (CN to RT-E)•Amend setback map •Zoning Code Amendment•Change zone (CN to R-2)•Amend setback map•Coastal Development Permit•Demolish restaurant and construct two-unit residence•Tentative Parcel Map•Condominiums for separate sale 4Community Development Department Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) Land Use Compatibility R-2 R-2 Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) 6Community Development Department Project Request Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) Project Request Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) R-2 Development Standards 8Community Development Department Development Standard Standard Proposed Setbacks (min.) Front 5 feet 5 feet Rear 10 feet 10 feet Left Side 3 feet 4 feet Right Side 3 feet 3 feet Allowable Floor Area 4,485 sq.ft.3,586 sq.ft. Open Space (min.)336 sq.ft.422 sq.ft. Parking (min.)4 spaces 4 spaces Height (max.)24 feet flat roof 29 feet sloped roof 29 feet sloped roof Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) Coastal Commission Staff Concerns •Concerns:•Low amount of lots zoned Commercial Neighborhood (CN) on Balboa Peninsula•Elimination of affordable visitor-serving use (restaurant)•Cumulative loss of commercial uses when reviewing previous LCPA’s •Commission Staff suggests denial of the project Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) Commercial Neighborhood Properties 10Community Development Department 1 of 5 CN lots in area 3,466 SF / 189,562 SF (1.8 percent) Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) Surrounding CommercialPlanning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) Surrounding Visitor-Serving Restaurants 12Community Development Department Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) Cumulative Effects of Past LCPAs Subject Property 1800 Balboa Blvd. 205 Orange St. 129 Agate Ave. Old City Hall Converted to Residential 0.99 acres Converted to Commercial 4.23 acres 3303 Via Lido Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) Setback Map Amendments 14Community Development Department Existing Amendment Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) Findings•Lot was originally developed as residential, proposed change is consistent with surrounding R-2 zone •Proposed condos comply with R-2 standards and provide required parking, where existing restaurant has nonconforming parking •Project does not change character of Peninsula as there are numerous lower-priced restaurants nearby •Significant amount of commercial remains Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) Recommended Action 16Community Development Department •Conduct a public hearing; •Find project exempt from CEQA (Class 3) •Recommend approval of Hanna Residences to City Council (tentatively scheduled for 2/14/23) Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060) 17 Questions and Discussion David Lee, Associate Planner 949-644-3225, dlee@newportbeachca.gov Planning Commission Public Hearing January 5, 2023 Planning Commission - January 5, 2023 Item No. 5b - Additional Materials Presented at the Meeting Hanna Residences (PA2020-060)