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).
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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
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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
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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;
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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
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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
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(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;
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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-
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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.
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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,
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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
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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
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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.
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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
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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
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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.
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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:
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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.
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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
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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
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Planning Commission Resolution No. PC2023-003
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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:
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Planning Commission Resolution No. PC2023-003
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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.
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Planning Commission Resolution No. PC2023-003
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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
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Planning Commission Resolution No. PC2023-003
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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.
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Planning Commission Resolution No. PC2023-003
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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
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Planning Commission Resolution No. PC2023-003
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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)
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Planning Commission Resolution No. PC2023-003
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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:
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Planning Commission Resolution No. PC2023-003
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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.
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Planning Commission Resolution No. PC2023-003
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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.
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Planning Commission Resolution No. PC2023-003
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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.
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Planning Commission Resolution No. PC2023-003
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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
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Planning Commission Resolution No. PC2023-003
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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.
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INTENTIONALLY BLANK PAGE48
Attachment No. PC 2
General Plan Amendment Map
49
INTENTIONALLY BLANK PAGE50
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/
2
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9
22
3
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/
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22
3
31
5
2
31
1
9
31
1
7
31
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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
-
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11
7
1
/
2
11
9
B
31
5
1
/
4
31
5
1
/
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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
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20
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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
/
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12
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12
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12
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1
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2
11
6
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11
0
1
/
2
11
0
10
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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
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12
5
12
7
12
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11
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121119
123
125
117115
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4
122
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12
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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
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21
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22
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1
/
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1
21
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21
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21
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32
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6
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/
2
32
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6
22
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1
/
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21
4
1
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2
21
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21
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21
2
B
20
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21
5
1
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2
21
5
21
3
21
3
1
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2
21
1
A
21
7
20
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20
9
1
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1
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20
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20
5
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20
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31
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31
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31
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/
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
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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
/
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1
/
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20
7
20
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20
5
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20
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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
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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
/
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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
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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
/
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7
1
/
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20
7
20
5
20
5
1
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20
6
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4
31
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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
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D NEWPORTBLVD29TH STPA2020-060_CA_Amendment_setback.mxd
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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
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D NEWPORTBLVD29TH STPA2020-060_LC_Amendment_setback.mxd
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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.
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8
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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)