HomeMy WebLinkAbout3.0_Mother's Market_PA2022-101CITY OF NEWPORT BEACH
PLANNING COMMMISSION STAFF REPORT
March 9, 2023
Agenda Item No. 3
SUBJECT: Mother’s Market (PA2022-101)
▪Coastal Development Permit
▪Traffic Study
SITE LOCATION: 2510 West Coast Highway
APPLICANT: SMM 2600 PCH LLC
OWNER: SMM 2600 PCL LLC
PLANNER: David Lee, Senior Planner
949-644-3225, dlee@newportbeachca.gov
PROJECT SUMMARY
A Coastal Development Permit and Traffic Study pursuant to Chapter 15.40 of the
Municipal Code for a of the 5,096-square-foot commercial component of a previously
approved mixed-use development to be developed as a grocery store.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15332 under Class 32 (In-Fill Development Projects) of the
CEQA Guidelines, because it has no potential to have a significant effect on the
environment; and
3)Adopt Resolution No. PC2023-013 approving a Traffic Study and Coastal
Development Permit (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Mixed-Use Horizontal 1
(MU-H1)
Mixed Use-Mariners’ Mile
(MU-MM) Marine Sales (vacant)
NORTH
Single Unit Residential
(RS-D) / Parks and
Recreation (PR)
Single-Unit Residential
(R-1) / Parks and
Recreation (PR)
Single-unit residences, John
Wayne Park
SOUTH Mixed-Use Water 1 (MU-
W1)
Mixed-Use Water (MU-
W1) Various commercial
EAST MU-H1 MU-MM Preschool
WEST MU-H1 MU-MM Cleaners
Subject Property
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INTRODUCTION
Project Setting
The subject property is located within the Mariners’ Mile area and is approximately 0.98
acres in size. The property is currently developed with a marine sales use that has been
approved to be demolished and redeveloped with a new mixed-use development (see
Background section for project details). The site is bound by Avon Street to the north,
West Coast Highway to the south, a day care facility to the east, and retail and vehicle
sales uses to the west. The new development takes vehicular access from both Avon
Street and West Coast Highway.
Background
Planning Commission Approval
On February 18, 2021, the Planning Commission approved Coastal Development Permit
No. CD2019-062, Site Development Review No. SD2019-003, Tentative Parcel Map No.
NP2020-013, Conditional Use Permit No. UP2019-054, and Affordable Housing
Implementation Plan No. AH2021-001, authorizing redevelopment of the project site with a
mixed-use building. The development consisted of 35 residential dwelling units, including
10 studio units, 16 one-bedroom units, and nine two-bedroom units, and a commercial
component featuring an 8,741-square-foot boutique auto showroom, 1,484-square-foot
mezzanine and 750-square-foot office space.
City Council Call for Review
After the approval by the Planning Commission, a Call for Review was filed by
Councilmember Brad Avery on February 21, 2021. On July 27, 2021, a modified project was
reviewed and approved by the City Council. The modified project design included an
updated architectural style, elimination of the boutique auto showroom and reduction of the
commercial space to a 5,096 square-foot office use and 36 residential units in total. The
change in commercial uses eliminated a previously requested Conditional Use Permit for a
parking waiver. The City Council resolution is included as “Exhibit D” of the attached Draft
Resolution.
Appeal to the California Coastal Commission
On August 20, 2021, the Coalition to Preserve Mariners’ Mile filed an appeal to the Coastal
Commission. On October 13, 2021, the Coastal Commission reviewed the appeal and
determined that the appeal did not raise a substantial issue as to conformity with the policies
of the City’s certified Local Coastal Program and the public access policies of the Coastal
Act. Therefore, a de novo review of the project by the Coastal Commission was not required
and the City Council’s approval became final.
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Summary of Approved Project
The final mixed-use project upheld by the City Council at the July 27, 2021, public hearing
consisted of the following components:
1. 36 residential dwelling units, including eight studio units, 22 one-bedroom units, and
six two-bedroom units;
2. A one-story, 5,096 square-foot commercial office located in the front of the property
adjacent to West Coast Highway;
3. A 65-space parking lot located on the ground floor with access from both West Coast
Highway and Avon Street.
The approved development is three floors, or 35 feet high measured to a flat roof. The
residences are located on the second and third floor, constructed on top of the first story
parking lot. The commercial office is visually distinct, as it is located closer to West Coast
Highway, is approximately 24 feet in height measured to a pitched roof. The buildings are
proposed to be constructed with high quality wood, glass, and metal siding to integrate the
design of the buildings with adjacent uses and the natural environment. The covered parking
lot is designed to provide easy accessibility to residents, customers, and employees. The
approved project includes strategic landscaping with three trees along West Coast Highway,
vine covered walls, and trees flanking the Avon Street driveway approach.
Project Description
The applicant proposes to develop the 5,096-square-foot commercial component as a
grocery store. The conversion to the grocery store use does not require significant design
changes to the previously approved project (see Figure 1 on next page). However, the
modification to a grocery store requires a traffic study per Newport Beach Municipal Code
(NBMC) Chapter 15.20 (Traffic Phasing Ordinance), as the proposed use generates over
300 average daily trips more than the approved office use. An amendment to the
previously approved coastal development permit (CD2019-062) is also required as the
modification is an intensification of use in the Coastal Zone in comparison to the approved
office use.
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Figure 1: Proposed Site Plan with grocery store
DISCUSSION
Analysis
General Plan
The General Plan Land Use Element designates the site as Mixed-Use Horizontal (MU-
H1), which provides for a horizontal intermixing of uses. For properties located on the
inland side of Coast Highway in the Mariners’ Mile Corridor, where the property is located,
the General Plan contemplates marine-related and highway-oriented general commercial
uses. Portions of properties to the rear of the commercial frontage may be developed
with free-standing neighborhood-serving retail, multi-family residential units, or mixed-use
buildings that integrate residential with retail uses on the ground floor. The previously
approved project is consistent with the General Plan designation of MU-H1 as a
commercial office along Coast Highway and a multi-family residential building to the rear
of the commercial frontage. The proposed modification to convert the office use into a
retail grocery store is also consistent with the MU-H1 designation.
Local Coastal Plan
The Local Coastal Plan designates the site as Mixed Use – Horizontal (MU-H). The MU-
H category is intended to provide for the development of areas for a horizontally
distributed mix of uses, which may include general or neighborhood commercial,
commercial offices, multifamily residential, visitor-serving and marine-related uses,
Proposed Grocery Store
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and/or buildings that vertically integrate residential with commercial uses. The previously
approved project is consistent with the Local Coastal Plan designation of MU-H as a
commercial office along Coast Highway and a multi-family residential building to the rear
of the commercial frontage. The proposed modification to convert the office use into a
retail grocery store is also consistent with the MU-H coastal land use designation.
Zoning Code
The subject property is zoned Mixed Use Mariners’ Mile, which allows properties fronting
on Coast Highway to be developed for nonresidential uses only. Properties to the rear of
the commercial frontage may be developed for freestanding nonresidential uses, multi-
unit residential dwelling units, or mixed-use structures that integrate residential above the
ground floor with nonresidential uses on the ground floor. The proposed grocery store,
which is categorized as “Retail Sales” land use by the Zoning Code, is a permitted use in
the MU-MM zoning district. While not a specific Zoning Code standard, Staff has included
Conditions of Approval No. 19 and 20 to restrict grocery store loading hours between 7
a.m. to 6 p.m., daily and to restrict large delivery vehicles accessing the property from
West Coast Highway. These conditions are for the purpose of compatibility between the
grocery store and the on-site housing.
Traffic Study
NBMC Chapter 15.40 (Traffic Phasing Ordinance) requires that a traffic study be
prepared, and findings be made if changes in land use cumulatively generate more than
300 or more average daily trips (ADT) in a 24-month period. The previously approved
mixed-use project that included an office component was anticipated to generate 292 new
average daily trips and therefore a traffic study was not required at the time. However,
the conversion of the office to a grocery store results in a net increase of 398 new vehicle
trips. When the grocery store is cumulatively considered as part of the previously
approved residences, it is anticipated to generate a total of 690 new average daily trips.
Pursuant to NBMC Section 15.40.030.A, the Planning Commission must make the
following findings in order to approve the project:
1. That a traffic study for the project has been prepared in compliance with this
Chapter (Chapter 15.40) and Appendix A;
2. That, based on the weight of the evidence in the administrative record, including
the traffic study, one of the findings for approval in subsection (B) can be made:
15.40.030.B.1 Construction of the project will be completed within 60 months
of project approval; or
15.40.030.B.1(a) The project will neither cause nor make an unsatisfactory
level of traffic service at any impacted intersection.
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3. That the project proponent has agreed to make or fund the improvements, or make
the contributions, that are necessary to make the findings for approval and to
comply with all conditions of approval.
A traffic study, titled “Traffic Impact Analysis for 2510 and 2530 West Coast Highway,
Newport Beach, California” dated February 2023 (“Traffic Impact Analysis”), was
prepared by LSA under the supervision of the City Traffic Engineer for the Project in
compliance with Chapter 15.40 (Traffic Phasing Ordinance) and Appendix A of the NBMC
(“Exhibit B” of the attached Draft Resolution). Construction of the project is anticipated to
be completed in 2024. If the project is not completed within 60 months of this approval,
preparation of a new traffic study will be required.
As defined by the Traffic Phasing Ordinance, the Traffic Impact Analysis included 12
study intersections that were analyzed for potential impacts based on the City’s
Intersection Capacity Utilization (“ICU”) methodology, which is expressed in terms of level
of service (LOS). Utilizing these methodologies, the Traffic Impact Analysis determined
that the 12 intersections identified will continue to operate at satisfactory LOS as defined
by the Traffic Phasing Ordinance. The grocery store conversion, when combined with the
approved project’s residential component, would not create a significant impact to the
intersections analyzed. Based on the site plan layout, adequate access and on-site
circulation would be provided.
It should be noted the Traffic Impact Analysis studied Primary Intersections as defined by
the Traffic Phasing Ordinance. Primary Intersections are listed within the Ordinance and
are generally signalized intersections on larger, arterial roadways. With this in mind and
understanding the proposed market may draw customers from the Newport Heights
neighborhood, Staff considered the project effect on smaller intersections and roadways
within area. Considering the nature of the intersections, traditional level of service and
vehicle capacity issues are not anticipated.
Further considering the impact to the neighborhood, Staff noted the relatively small size
of the proposed market and existence of larger markets located immediately north of the
Newport Heights community along 17th Street. The proposed market is anticipated to be
neighborhood serving and trips traveling to the project site from Newport Heights are
expected to originate within the community.
Coastal Development Permit
The subject property is located within the Coastal Zone. As part of the previously
approved project, Coastal Development Permit No. CD2019-062 was approved by the
Planning Commission and subsequently upheld by the City Council. Since the grocery
store conversion creates new vehicle trips triggering the new need for a traffic study, an
amended coastal development permit is also required to evaluate the associated
intensification of use. Per Section 21.52.015.F of NBMC, the required findings to approve
a coastal development permit are as follows:
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1. Conforms to all applicable sections of the certified Local Coastal Program;
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.
As previously discussed, the modification from the approved office use to a grocery store
is consistent with the MU-H designation by the CLUP and MU-MM coastal zoning district.
A brief analysis of CLUP policies which support the project is included in the draft
resolution (Attachment No. PC 1).
Parking
Although there is an increase in average daily trips (see Traffic Study section, below), the
conversion to a grocery store does not result in an increase of required parking. Where
the previously approved project includes an office use that requires one parking space
per 250 square feet of floor area, a grocery store (retail sales use) also requires one
parking space per 250 square feet of floor area. A total of 21 dedicated parking spaces
(5,096 sf/ 250= 20.4 spaces required) are required and remain available for the proposed
grocery store and no additional parking is required.
Public Views
The closest public viewpoint is adjacent and above the property to the northeast at John
Wayne Park (see Figure 2 on next page). The inland location of the project site combined
with the elevated and sloping location of the adjacent park minimize coastal view impacts.
The approved project’s flat roof, which is void of mechanical equipment and vertical
intrusions further protects coastal views. The conversion to a grocery store is a change
of use and does not involve a physical change to the approved project. Therefore, the
development will not impact coastal views.
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Figure 2: View from John Wayne Park with approved project rendering
The nearest coastal view road is West Coast Highway, which is located to the south, as
designated in the CLUP. The Approved Project is located entirely on private property and
will not inhibit coastal views from the road since the proposed development will be
constructed on the inland side of West Coast Highway. The approved project is three
stories high (35 feet). The architecture is designed to provide an attractive appearance that
is compatible with the surrounding area with high quality materials, neutral colors, and
architectural treatments to prevent building monotony. The conversion to a grocery store
does not change the previously approved design. Therefore, the development does not
have the potential to degrade the visual quality of the coastal zone or result in significant
adverse impacts to public views.
Coastal Access
The property is located in Mariners’ Mile corridor area and is not located between the
nearest public road and the sea. Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) of the NBMC, requires that the provision of public access bear
a reasonable relationship between the requirement and the project’s impact and be
proportional to the impact. In this case, the approved project involves the demolition of an
existing Marine Sales use and the construction of a new mixed-use project with a 5,096-
square-foot office use on the ground floor facing West Coast Highway. Although the
approved project involves a change in intensity from the existing condition, mixed-use
projects are the intended and allowed use for the property. The mixed-use development
complies with all other applicable development standards, including required parking. The
conversion of the approved office use to a retail grocery store is not anticipated to result in
increased demand on public access and recreation opportunities, and the traffic study
concludes that the level of service for surrounding services will not be negatively impacted.
Furthermore, a grocery store is considered a visitor-serving use that is a higher priority than
Approved Project
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office in the coastal zone, and provides opportunities for visitors to purchase food and other
goods when visiting the local beaches or staying in visitor accommodations.
Summary and Alternatives
Staff believes the findings for approval can be made. The proposed project is a conversion
of a previously approved commercial component of a mixed-use development from office
use to a grocery store. The grocery store is relatively small compared to other full-sized
grocery stores in the City. Additionally, the grocery store is intended to serve the
immediate surrounding neighborhood and visitors, including residents of the mixed-use
development, businesses on Coast Highway, and nearby residents of Newport Heights.
The traffic study concludes that there are no impacts to the level of service at the 12
identified intersections. The grocery store is considered a visitor-serving use, would not
result in any exterior physical changes from the previously approved project, and would
result in no impacts to coastal resources, including public view or access. 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
The modification to the previously approved project is exempt from the California
Environmental Quality Act (“CEQA”) under Section 15332 under Class 32 (In-Fill
Development Projects) of the California Code of Regulations, Title 14, Division 6, Chapter
3 (“CEQA Guidelines”) which exempt in-fill development projects that are consistent with
the applicable general plan designation, general plan policies, and zoning designation;
located on a project site of no more than five acres substantially surrounded by urban
uses; has no value, as habitat for endangered, rare or threatened species; would not
result in any significant effects relating to traffic, noise, air quality, or water quality; and
can be adequately served by all required utilities and public services.
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The City Council found the previously approved project categorically exempt under Class
32 based upon the findings in Section 8 of Resolution No. 2021-70 which is attached as
Exhibit “D” of the Draft Resolution. The proposed modification changes the 5,096 square
foot commercial office component of the approved project to a retail sales use of the same
square footage. The proposed modification is also categorically exempt under Class 32
because as described in Section 8 of Resolution No. 2021-70, the approved project did
not result in any adverse effects on sensitive biological resources, traffic, air quality, noise
or water quality. Similarly, implementation of the approved project with the proposed
modification will not result in any adverse effects on sensitive biological resources, traffic,
air quality, noise or water quality because the proposed retail sales land use is consistent
with the MU-H1 land use category and a permitted use in the MU-MM zoning district.
Additionally, the traffic study finds that the proposed use can be implemented without
adversely impacting the level of service in surrounding intersections. Therefore, the
proposed modification meets all of the conditions described above for in-fill development
and qualifies for a Class 32 exemption.
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.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
and 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 Lee, Senior Planner
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ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 April 27, 2021 City Council Meeting Minutes
PC 3 Project plans
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Attachment No. PC 1
Draft Resolution with Findings and Conditions
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RESOLUTION NO. PC2023-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING AN
AMENDMENT TO THE COASTAL DEVELOPMENT PERMIT AND
APPROVING A TRAFFIC STUDY TO MODIFY THE
COMMERCIAL COMPONENT OF AN APPROVED MIXED-USE
PROJECT FROM AN OFFICE TO RETAIL SALES USE FOR THE
PROPERTY LOCATED AT 2510 WEST COAST HIGHWAY
(PA2022-101)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by SMM 2600 PCL LLC (“Applicant”), concerning property located
at 2510 West Coast Highway, and legally described in Exhibit “A,” which is attached hereto
and incorporated herein by reference (“Property”).
2. On February 18, 2021, Coastal Development Permit No. CD2019-062, Site Development
Review No. SD2019-003, Tentative Parcel Map No. NP2020-013, and Affordable Housing
Implementation Plan No. AH2021-001 were approved by the Planning Commission,
authorizing a mixed-use development. Subsequently on July 27, 2021, the Approved
Project was called for review by the City Council, which upheld the Planning Commission’s
approval. The mixed-use project consisted of 36 residential dwelling units, including eight
studio units, 22 one-bedroom units, two-bedroom units, and a 5,096-square-foot
commercial office (“Approved Project”).
3. The Applicant proposes to modify the 5,096-square-foot commercial component of the
Approved Project from office to a grocery store (ie. “retail sales”) (“Modified Project”), which
requires the following approvals:
• Coastal Development Permit Amendment: Required since the modification to a
grocery store is an intensification of use in the Coastal Zone; and
• Traffic Study: Required per NBMC Chapter 15.20 (Traffic Phasing Ordinance), as
the proposed use generates more than 300 average daily trips.
4. The Property is designated Mixed-Use Horizontal 1 (MU-H1) by the General Plan Land
Use Element and is located within the Mixed-Use Mariners’ Mile (MU-MM) Zoning District.
5. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed Use – Horizontal (MU-H) and it is located within the Mixed-Use Mariners’ Mile (MU-
MM) Coastal Zone District.
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6. A public hearing was held on March 9, 2023 in the Council Chambers located at 100 Civic
Center Drive, Newport Beach. A notice of the 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
Newport Beach Municipal Code (“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 Modified Project is exempt from the California Environmental Quality Act (“CEQA”)
under Section 15332 under Class 32 (In-Fill Development Projects) of the California Code
of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”) which exempt in-fill
development projects that are consistent with the applicable general plan designation,
general plan policies, and zoning designation; located on a project site of no more than
five acres substantially surrounded by urban uses; has no value, as habitat for
endangered, rare or threatened species; would not result in any significant effects
relating to traffic, noise, air quality, or water quality; and can be adequately served by all
required utilities and public services.
2. The City Council found the Approved Project categorically exempt under Class 32 based
upon the findings in Section 8 of Resolution No. 2021-70 which is attached hereto as
Exhibit “D” and incorporated herein by reference. The Modified Project changes the
5,096-square-foot commercial office component of the Approved Project to a retail sales
use of the same square footage. The Modified Project is also categorically exempt under
Class 32 because as described in Section 8 of Resolution No. 2021-70, the Approved
Project did not result in any adverse effects on sensitive biological resources, traffic, air
quality, noise or water quality. Similarly, implementation of the Approved Project with
the Modified Project will not result in any adverse effects on sensitive biological
resources, traffic, air quality, noise or water quality because the proposed retail sales
land use is consistent with the MU-H1 land use category and a permitted use in the MU-
MM zoning district. Additionally, the traffic study finds that the proposed use can be
implemented without adversely impacting the level of service in surrounding
intersections. Therefore, the Modified Project meets all of the conditions described
above for in-fill development and qualifies for a Class 32 exemption.
3. 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.
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 herein:
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Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Coastal Land Use Plan (“CLUP”) designates the Property as Mixed-Use –
Horizontal (MU-H) which is intended to provide a horizontally distributed mix of uses,
which may include general or neighborhood commercial, commercial offices, multifamily
residential, visitor-serving and marine-related uses, and/or buildings that vertically
integrate residential with commercial uses. The Modified Project is consistent with the
Mixed-Use – Horizontal (MU-H) Coastal Land Use Plan designation by developing a
retail sales use along West Coast Highway and a multi-family residential building to the
rear of the Property. The following CLUP policies support the Modified Project:
Policy LU 2.1.4-1 For properties located on the inland side of Coast Highway in the
Mariners’ Mile Corridor that are designated as MU-H, (a) the Coast
Highway frontages shall be developed for marine-related and
highway oriented general commercial uses in accordance with CM
and CG categories; and (b) portions of properties to the rear of the
commercial frontage may be developed for free-standing
neighborhood-serving retail, multi-family residential units, or mixed-
use buildings that integrate residential with retail uses on the ground
floor in accordance with the CN, RM , CV, or MU-V categories
respectively.
Policy LU 2.3.1-1 Permit visitor-serving retail and eating and drinking establishments
in all commercially designated areas;
Policy LU 2.3.3-3 Identify, protect, encourage and provide lower-cost visitor-serving
and recreation facilities, including museums and interpretive
centers; and
Policy LU 2.3.3-4 Encourage visitor-serving and recreational developments that
provide public recreational opportunities.
Mariners’ Mile is predominately categorized as mixed-use by the CLUP and includes a
variety of commercial uses which exist along the frontages of West Coast Highway. The
Modified Project, changing the approved office use to a grocery store, is consistent with
the Mixed-Use Mariners’ Mile (MU-MM) designation in that it provides both the residents
of the surrounding neighborhood and visitors of Mariners’ Mile the ability to grocery shop
within their community. The office use of the Approved Project would not offer the same
benefits or convenience to visitors in the coastal zone as compared to the proposed
retail sales use.
2. The Property is zoned Mixed-Use Mariners’ Mile (MU-MM), which allows properties
fronting on Coast Highway to be developed for nonresidential uses only. Properties to
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the rear of the commercial frontage may be developed with freestanding nonresidential
uses, multi-unit residential dwelling units, or mixed-use structures that integrate
residential above the ground floor with nonresidential uses on the ground floor. The
Modified Project remains consistent with Mixed-Use Mariners’ Mile (MU-MM)
designation since the grocery store would front West Coast Highway and complies with
the applicable MU-MM development standards.
3. The Modified Project does not result in an increase of required parking. Where the
Approved Project includes an office use that requires one parking space per 250 square
feet of floor area, a grocery store (retail sales use) also requires one parking space per
250 square feet of floor area. Therefore, no additional parking is required for the Modified
Project.
4. The Property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with Title 24 of the California Code of
Regulations (“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 geotechnical investigations.
Construction plans are reviewed for compliance with approved investigations and the
CBC prior to building permit issuance.
5. A preliminary Water Quality Management Plan (“WQMP”) was approved by the City as
part of the Approved Project. The WQMP concluded that implementation of the
Approved Project would not result in potentially significant impacts to the drainage
patterns on-site. Project storm water must comply with all applicable Municipal Separate
Storm Systems (MS4) requirements to ensure that impacts to surface and ground water
quality do not occur. Water quality objectives will be achieved through the incorporation
of Best Management Practices (“BMPs”) identified in the preliminary WQMP during
construction and post-project implementation. The Modified Project from office to retail
sales use does not affect the conclusions of the WQMP.
6. The Approved Project included a new drainage pattern would match the existing
drainage pattern that drains to the south toward Coast Highway. The flow would be
collected into the cross gutter and directed toward a new stormwater treatment system.
The Approved Project was designed to minimize impervious areas by meeting, but not
exceeding, minimum allowable driveway requirements. Approval of the Modified Project
would not result in any significant effect related to water quality or drainage that was
previously reviewed for the Approved Project.
7. The Property has no native vegetation and/or habitat. It is currently a commercial Marine
Sales facility that is entirely paved, with the exception of minor non-native decorative
vegetation. There is no potential for special-status plants or animals to exist on the
Property. The Approved Project does not encroach into any jurisdictional waters or
areas that support native and/or sensitive habitat. The Property does not contain any
wetland area. There are no significant direct or indirect impacts to wetland ESHA
associated with the Approved Project. For these reasons, the Property has no value as
20
Planning Commission Resolution No. PC2023-013
Page 5 of 15
habitat for endangered, rare or threatened species. Given the urban character of the
surrounding area, no significant impacts to biological resources would occur.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
1. The closest public viewpoint is adjacent and above the Property to the northeast at John
Wayne Park. The inland location of the Property combined with the elevated and sloping
location of the adjacent park minimizes impact to coastal views. The Approved Project’s
flat roof which is void mechanical equipment or vertical intrusions and strategic spacing
of landscaping (palm trees) further protects coastal views. The Modified Project does
not involve a physical change to the Approved Project. Therefore, the development will
not impact coastal views.
2. The nearest coastal view road is West Coast Highway, which is located to the south, as
designated in the CLUP. The Modified Project is located entirely on private property and
will not inhibit coastal views from the road since the proposed development will be
constructed on the inland side of West Coast Highway. The Approved Project is three (3)
stories (35 feet) high. The architecture is designed to provide an attractive appearance that
is compatible with the surrounding area with high quality materials, neutral colors, and
architectural treatments to prevent building monotony. The Modified Project does not
change the previously approved design. Therefore, the Modified Project does not have the
potential to degrade the visual quality of the coastal zone or result in significant adverse
impacts to public views.
3. The Property is located in Mariners’ Mile corridor area and is not located between the
nearest public road and the sea. Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) of the NBMC, requires that the provision of public access bear
a reasonable relationship between the requirement and the project’s impact and be
proportional to the impact. In this case, the Approved Project involves the demolition of an
existing Marine Sales use the construction of a new mixed-use project with a 5,096-square-
foot office use on the ground floor facing West Coast Highway. Although the Approved
Project involves a change in intensity from the existing condition, mixed-use projects are
the intended and allowed use for the Property and the development complies with all other
applicable development standards including required parking. The Modified Project to the
Approved Project is not anticipated to result in a significantly increased demand on public
access and recreation opportunities. The Property is located on the inland side of West
Coast Highway approximately 300 feet from Newport Harbor, and does not provide any
public access easements.
4. Since the Modified Project changes the commercial component of the Approved Project
from office to a grocery store, a Traffic Study, discussed in Findings C through E, is
21
Planning Commission Resolution No. PC2023-013
Page 6 of 15
required as the proposed grocery store increases the Approved Project’s net average daily
trips (“ADT”) beyond the of 300 average daily trips increase threshold per Section 15.40
(Traffic Phasing Ordinance) of the NBMC. The Traffic Study concludes that the Modified
Project, along with the residential component of the Approved Project, can be implemented
without adversely affecting the studied intersections. The Modified Project has a layout that
provides adequate access and on-site circulation and will not negatively impact access in
Mariners’ Mile or the surrounding area.
Traffic Study
In accordance with Section 15.40.030(A) (Traffic Phasing Ordinance) of the NBMC, the
following findings and facts in support of such findings are set forth herein:
Finding:
C. That a traffic study for the project has been prepared in compliance with this NBMC
Chapter 15.40 and Appendix A.
Fact in Support of Finding:
A traffic study, titled “Traffic Impact Analysis for 2510 and 2530 West Coast Highway, Newport
Beach, California” dated February 2023 (“Traffic Impact Analysis”), which is attached hereto as
Exhibit “B” and incorporated herein by reference, was prepared by LSA under the supervision
of the City Traffic Engineer for the Project in compliance with Chapter 15.40 (Traffic Phasing
Ordinance) and Appendix A of the NBMC.
Finding:
D. That, based on the weight of the evidence in the administrative record, including the
traffic study, one of the findings for approval in subsection 15.40.030(B) can be made:
1. Construction of the project will be completed within 60 months of project approval
in accordance with Section 15.40.030(B)(1) of the NBMC.
2. Additionally, the project will neither cause nor make worse an unsatisfactory level
of traffic service at any impacted intersection in accordance with Section
15.40.030(B)(1)(a) of the NBMC.
Facts in Support of Finding:
1. Construction of the Modified Project is anticipated to be completed in 2024. If the
Modified Project is not completed within 60 months of this approval, preparation of a
new traffic study will be required.
2. The Traffic Impact Analysis included 12 study intersections that were analyzed for
potential impacts based on the City’s Intersection Capacity Utilization (“ICU”)
methodology, which is expressed in terms of level of service (“LOS”). Utilizing these
22
Planning Commission Resolution No. PC2023-013
Page 7 of 15
methodologies, the Traffic Impact Analysis determined that the 12 intersections
identified will continue to operate at satisfactory LOS as defined by the Traffic Phasing
Ordinance. The addition of the Approved Project with the Modified Project would not
create a LOS impact. Based on the site plan layout, adequate access and on-site
circulation would be provided.
Finding:
E. That the project proponent has agreed to make or fund the improvements, or make the
contributions, that are necessary to make the findings for approval and to comply with
all conditions of approval.
Fact in Support of Finding:
No improvements or mitigation are necessary because implementation of the Approved Project
with the Modified Project will neither cause nor make worse an unsatisfactory level of traffic
service at any impacted primary intersection within the City of Newport Beach.
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 under Section 15332
under Class 32 (In-Fill Development Projects) 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 Planning Commission of the City of Newport Beach hereby approves an amendment
to the coastal development permit and approve the Traffic Impact Analysis attached hereto
as Exhibit “B,” subject to the conditions of approval set forth in Exhibit “C,” both of which
are incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk by the
provisions of Chapter 15.40 (Traffic Phasing Ordinance) and Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code.
23
Planning Commission Resolution No. PC2023-013
Page 8 of 15
PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF MARCH, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:______________________________
Curtis Ellmore, Chair
BY:______________________________
Sarah Klaustermeier, Secretary
Attachments(s): Exhibit A - Legal Description
Exhibit B - Traffic Impact Analysis
Exhibit C - Conditions of Approval
Exhibit D - Resolution No. 2021-70
24
EXHIBIT “A”
Legal Description
PARCEL A:
PARCELS 1, 2 & 3, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS SHOWN ON A PARCEL MAP FILED IN BOOK 85, PAGES 30 & 31 OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
THAT PORTION OF LOT A, OF TRACT NO. 919, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN IN BOOK 29, PAGES 31 TO 34,
INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO.1133,
SEAVIEW HEIGHTS, AS SHOWN ON MAP RECORDED IN BOOK 36, PAGES 13 AND 14 OF
MISCELLANEOUS MAPS IN SAID OFFICE, WITH THE NORTHEASTERLY LINE OF LOT 19
OF LAST SAID TRACT; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF SAID
NORTHEASTERLY LINE SOUTH 61°,00’ 30” EAST 57.10 FEET TO A POINT IN THE
SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF THAT CERTAIN
LAND DESCRIBED IN DEED RECORDED IN BOOK 1396, PAGE 168 OF OFFICIAL RECORDS
IN SAID OFFICE;
THENCE ALONG SAID SOUTHWESTERLY PROLONGATION SOUTH 39° WEST, 35.65 FEET
TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN
BOOK 975; PAGE 361 OF OFFICIAL RECORDS IN SAID OFFICE; TO SAID
SOUTHEASTERLY LINE; THENCE ALONG SOUTHEASTERLY LINE NORTH 39° 43’ 30”
EAST, 35.65 FEET TO THE POINT OF BEGINNING.
PARCEL C:
PARCEL 1 OF PARCEL MAP NO. 90-173, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 256, PAGES 25 & 26 OF
PARCEL MAPS, RECORD OF ORANGE COUNTY.
25
Planning Commission Resolution No. PC2023-013
Page 10 of 15
EXHIBIT “B”
TRAFFIC IMPACT ANALYSIS
26
February 2023
TRAFFIC IMPACT ANALYSIS
2510 AND 2530 WEST COAST HIGHWAY
NEWPORT BEACH, CALIFORNIA
This Traffic Impact Analysis has been prepared under the supervision of
Ambarish Mukherjee, P.E.
Signed _________________________________________
27
February 2023
TRAFFIC IMPACT ANALYSIS
2510 AND 2530 WEST COAST HIGHWAY
NEWPORT BEACH, CALIFORNIA
Submitted to:
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Prepared by:
LSA
20 Executive Park, Suite 200
Irvine, California 92614‐4731
(949) 553‐0666
Project No. CNB2101.01
28
TRAFFIC IMPACT ANALYSIS
FEBRUARY 2023
2510 AND 2530 WEST COAST HIGHWAY PROJECT
NEWPORT BEACH, CALIFORNIA
P:\CNB2101.01\doc\TIA3.docx «01/31/23» i
TABLE OF CONTENTS
INTRODUCTION .......................................................................................................... 1
ANALYSIS METHODOLOGY .......................................................................................... 1
Study Area ..................................................................................................................................... 4
Intersection Level of Service Methodology ................................................................................... 4
Threshold of Significance .............................................................................................................. 5
PROPOSED PROJECT ................................................................................................... 5
Project Description ........................................................................................................................ 5
Project Trip Generation, Distribution, and Assignment ................................................................ 5
EXISTING CONDITIONS ................................................................................................ 7
Existing Baseline Intersection Level of Service ............................................................................ 12
Active Transportation .................................................................................................................. 12
FUTURE YEAR 2025 CONDITIONS .............................................................................. 16
Future Year 2025 Baseline Intersection Level of Service ............................................................ 16
Future Year 2025 Plus Project Intersection Level of Service ....................................................... 20
ACCESS AND ON‐SITE CIRCULATION .......................................................................... 20
Sight Distance Analysis ................................................................................................................ 20
CONGESTION MANAGEMENT PROGRAM CONSISTENCY REQUIREMENTS .................. 24
VEHICLE MILES TRAVELED ......................................................................................... 24
CONCLUSIONS .......................................................................................................... 24
REFERENCES ............................................................................................................. 25
APPENDICES
A: Existing Traffic Volumes
B: ICU Worksheets
C: OCTA Bus System Maps
D: City’s Regional Traffic Annual Growth Rate Table
E: Approved Projects Information
29
TRAFFIC IMPACT ANALYSIS
FEBRUARY 2023
2510 AND 2530 WEST COAST HIGHWAY PROJECT
NEWPORT BEACH, CALIFORNIA
P:\CNB2101.01\doc\TIA3.docx «01/31/23» ii
FIGURES AND TABLES
FIGURES
Figure 1: Project Location and Study Area Intersections ....................................................................... 2
Figure 2: Site Plan ................................................................................................................................... 3
Figure 3: Project Trip Distribution and Trip Assignment – Proposed Residential .................................. 8
Figure 4: Project Trip Distribution and Trip Assignment – Proposed Supermarket ............................... 9
Figure 5: Net Project Trip Assignment .................................................................................................. 10
Figure 6: Existing Intersection Geometrics ........................................................................................... 13
Figure 7: Existing Peak‐Hour Traffic Volumes ...................................................................................... 14
Figure 8: Approved Projects Locations ................................................................................................. 17
Figure 9: Future Year 2025 Peak‐Hour Volumes .................................................................................. 18
Figure 10: Future Year 2025 Plus Project Peak‐Hour Volumes ............................................................ 22
Figure 11: Sight Distance ...................................................................................................................... 23
TABLES
Table A: Project Trip Generation ............................................................................................................ 6
Table B: Existing Intersection Level of Service Summary ..................................................................... 15
Table C: City of Newport Beach 1 Percent Volume Analysis Summary ................................................ 19
Table D: Future Year 2025 Intersection Level of Service Summary ..................................................... 21
30
TRAFFIC IMPACT ANALYSIS
FEBRUARY 2023
2510 AND 2530 WEST COAST HIGHWAY PROJECT
NEWPORT BEACH, CALIFORNIA
P:\CNB2101.01\doc\TIA3.docx «01/31/23» iii
LIST OF ABBREVIATIONS AND ACRONYMS
ADT average daily trips
Caltrans California Department of Transportation
CAMUTCD California Manual on Uniform Traffic Control Devices
CEQA California Environmental Quality Act
City City of Newport Beach
CMP Congestion Management Program
County County of Orange
ft foot/feet
ICU intersection capacity utilization
ITE Institute of Transportation Engineers
LOS level of service
mph miles per hour
OCTA Orange County Transportation Authority
project 2510 and 2530 West Coast Highway Project
RIRO right‐in/right‐out
sf square foot/feet
STD Standard Drawing
TIA Traffic Impact Analysis
TPO Traffic Phasing Ordinance
v/c volume‐to‐capacity
VMT vehicle miles traveled
vph vehicles per hour
31
TRAFFIC IMPACT ANALYSIS
FEBRUARY 2023
2510 AND 2530 WEST COAST HIGHWAY PROJECT
NEWPORT BEACH, CALIFORNIA
P:\CNB2101.01\doc\TIA3.docx «01/31/23» 1
TRAFFIC IMPACT ANALYSIS
2510 AND 2530 WEST COAST HIGHWAY PROJECT
INTRODUCTION
The purpose of this Traffic Impact Analysis (TIA) is to identify the potential traffic and circulation
effects associated with the proposed 2510 and 2530 West Coast Highway Project (project) in
Newport Beach, California. The project site is bounded by Avon Street to the north, West Coast
Highway to the south, and existing commercial uses to the east and the west.
The proposed project would convert the existing 4,487‐square‐foot (sf) boat sales facility to a mixed‐
use development of 36 residential (8 studio, 22 one‐bedroom, and 6 two‐bedroom) units and a
5,096 sf grocery store (Mother’s Market). Access to the site would be provided via an existing right‐
in/right‐out (RIRO) driveway on West Coast Highway and a full‐access driveway on Avon Street. A
project location map (with the study area intersections) is presented on Figure 1.
Figure 2 illustrates the proposed project site plan. The proposed project would be completed in
2024.
This TIA addresses three general issues associated with the development of the proposed project:
1. Increases in traffic volumes at nearby primary study area intersections
2. Adequacy of the project access locations and on‐site circulation
3. Understanding the potential project impact to the surrounding community
This report presents a traffic analysis of near‐term traffic conditions consistent with the City of
Newport Beach (City) Traffic Phasing Ordinance (TPO) (City of Newport Beach 2007). The traffic
analysis for the proposed project will examine three scenarios:
1. Existing
2. Future Year 2025 Plus Ambient Growth Plus Approved Projects (one year after project opening)
3. Future Year 2025 Plus Ambient Growth Plus Approved Projects Plus Project
The following analysis periods have been evaluated:
1. Weekday a.m. peak hour (between 7:00 a.m. and 9:00 a.m.)
2. Weekday p.m. peak hour (between 4:30 p.m. and 6:30 p.m.)
ANALYSIS METHODOLOGY
This TIA was prepared consistent with the requirements of the City’s TPO (City of Newport Beach
2007) and the Orange County Transportation Authority (OCTA) Congestion Management Program
(CMP) (OCTA 2017a).
32
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TRAFFIC IMPACT ANALYSIS
FEBRUARY 2023
2510 AND 2530 WEST COAST HIGHWAY PROJECT
NEWPORT BEACH, CALIFORNIA
P:\CNB2101.01\doc\TIA3.docx «01/31/23» 4
Study Area
Study area locations were selected in consultation with the City. The following 12 intersections were
included in the study area, as shown on Figure 1:
1. Superior Avenue–Balboa Boulevard/West Coast Highway
2. Newport Boulevard southbound ramps/West Coast Highway
3. Newport Boulevard/Hospital Road
4. Riverside Avenue/West Coast Highway
5. Tustin Avenue/West Coast Highway
6. Irvine Avenue/19th Street–Dover Drive
7. Irvine Avenue/17th Street–Westcliff Drive
8. Dover Drive/Westcliff Drive
9. Dover Drive/16th Street
10. Dover Drive/West Coast Highway
11. Bayside Drive/East Coast Highway
12. Jamboree Road/East Coast Highway
Consistent with the TPO methodology, the study area intersections were evaluated to identify any
locations where the proposed project has the potential to increase traffic on any leg of the
intersection by 1 percent or more in the Future Year 2025 Plus Project condition. Intersections
where the proposed project would not increase traffic on any leg by 1 percent or more 1 year after
project completion would not require any further analysis. The 1 percent traffic volume analysis
calculations are discussed in a later section of this report. Based on the 1 percent traffic volume
analysis, the proposed project would result in a 1 percent or more increase in traffic volumes at one
or more legs of three study area intersections in the Future Year 2025 Plus Project condition.
Intersection Level of Service Methodology
The intersection capacity utilization (ICU) methodology for signalized intersections compares the
volume‐to‐capacity (v/c) ratios of conflicting turn movements at an intersection, sums up these
critical conflicting v/c ratios for each intersection approach, and determines the overall ICU. The ICU
calculations assume a lane capacity of 1,600 vehicles per hour (vph) and no clearance interval (or
loss time).
The resulting ICU is expressed in terms of level of service (LOS), where LOS A represents free‐flow
activity and LOS F represents overcapacity operation. Traffix (Version 8.0) computer software was
used to determine the LOS based on the traffic volume and intersection geometry. The relationship
between LOS and the ICU value (i.e., the v/c ratio) is as follows:
Level of Service Signalized Intersections Volume‐to‐Capacity
(ICU Methodology)
A ≤0.60
B >0.60 and ≤0.70
C >0.70 and ≤0.80
D >0.80 and ≤0.90
E >0.90 and ≤1.00
F >1.00
35
TRAFFIC IMPACT ANALYSIS
FEBRUARY 2023
2510 AND 2530 WEST COAST HIGHWAY PROJECT
NEWPORT BEACH, CALIFORNIA
P:\CNB2101.01\doc\TIA3.docx «01/31/23» 5
Threshold of Significance
The City considers LOS D as the lowest limit of satisfactory operations. However, based on the City’s
General Plan, LOS E is acceptable at Dover Drive‐Bayshore Drive/Coast Highway due to right‐of‐way
limitations (City of Newport Beach 2006a). The improvement to Dover Drive‐Bayshore Drive/Coast
Highway would require the elimination of sidewalks, which could have an adverse effect on adjacent
residential neighborhoods. Therefore, LOS E is the established standard at this intersection.
A project LOS impact would occur if the addition of the project‐generated traffic causes an
acceptable LOS at a study area intersection to deteriorate to an unsatisfactory LOS. If an intersection
operates at an unsatisfactory LOS in the baseline condition, a project LOS impact would occur if the
proposed project‐generated traffic increases the ICU by 0.01 or more. Improvement back to
pre‐project conditions is required for any intersection where project traffic causes the intersection
to deteriorate from a satisfactory LOS to an unsatisfactory LOS.
PROPOSED PROJECT
Project Description
The proposed project would convert the existing 4,487 sf boat sales facility to a mixed‐use
development of 36 residential (8 studio, 22 one‐bedroom, and 6 two‐bedroom) units and a 5,096 sf
grocery store (Mother’s Market). Access to the site would be provided via an existing RIRO driveway
on West Coast Highway and a full‐access driveway on Avon Street. The proposed project would be
completed in 2024.
Project Trip Generation, Distribution, and Assignment
Daily and peak‐hour trips for the proposed project uses and the existing retail uses to be removed
were generated using trip rates from the Institute of Transportation Engineers (ITE) Trip Generation
Manual, 11th Edition (ITE 2021). In addition, pass‐by adjustment factors were applied to the p.m.
peak‐hour trips of the proposed project (20 percent reduction).
Table A shows the project trip generation. The project trip generation was reviewed and approved
by the City prior to preparation of this TIA. As shown in Table A, including pass‐by trip reductions,
the proposed project is anticipated to generate 712 average daily trips (ADT), including 30 trips in
the a.m. peak hour (13 inbound and 17 outbound) and 56 trips in the p.m. peak hour (30 inbound
and 26 outbound). The existing boat sales facility to be removed generates 22 ADT, including
2 inbound trips in the a.m. peak hour and 3 trips in the p.m. peak hour (1 inbound and 2 outbound).
The net new trips of the proposed project are 690 ADT, including 28 trips in the a.m. peak hour
(11 inbound and 17 outbound) and 53 trips in the p.m. peak hour (29 inbound and 24 outbound).
The net project trips were distributed to the surrounding roadways based on the location of the
proposed project in relation to local and regional transportation facilities. The project trip
distribution was reviewed and approved by City staff. The trip distribution percentages were
multiplied by the project trip generation to arrive at the project‐generated trip assignment at each
study area location.
36
In Out Total In OutTotal
TripRates1
BoatSales tsf 5.00 0.39 0.07 0.46 0.24 0.53 0.77
MultifamilyHousing du 6.74 0.10 0.30 0.40 0.32 0.19 0.51
Supermarket tsf 93.84 1.69 1.17 2.86 4.48 4.47 8.95
ExistingTripGeneration
BoatSales 4.487 tsf 22202123
ProjectTripGeneration
MultifamilyHousing 36 du 243 4 11 15 12 7 19
Supermarket 5.096 tsf 478 9 6 15 23 23 46
Subtotal 721 13 17 30 35 30 65
SupermarketPassͲBy(20%PM)2 (9) 0 0 0 (5) (4) (9)
SubtotalwithPassͲBy 712 13 17 30 30 26 56
NetTripGeneration(ProjectͲExisting)
WithoutPassͲBy 699 11 17 28 34 28 62
WithPassͲBy 690 11 17 28 29 24 53
1TripratesfromtheInstituteofTransportationEngineers(ITE)TripGenerationManual,11thEdition(2021).
LandUseCode842ͲRecreationalVehicleSales(BoatSales)
LandUseCode220ͲMultifamilyHousing(LowͲRise)NotClosetoRailTransit
LandUseCode850ͲSupermarket
220%p.m.peakͲhourpassͲbytrippercentagepertheCityofNewportBeachTrafficEngineer
du=dwellingunit
tsf=thousandsquarefeet
TableA:ProjectTripGeneration
LandUse Size Unit Daily
AMPeakHour PMPeakHour
P:\CNB2101.01\xls\tripgen.xlsx\Sheet1(10/17/2022)6
37
TRAFFIC IMPACT ANALYSIS
FEBRUARY 2023
2510 AND 2530 WEST COAST HIGHWAY PROJECT
NEWPORT BEACH, CALIFORNIA
P:\CNB2101.01\doc\TIA3.docx «01/31/23» 7
Figures 3 and 4 show the project trip distribution and assignment for the proposed residential use
and retail use, respectively. Figure 5 shows the net trip assignment.
EXISTING CONDITIONS
Key roadways in the vicinity of the proposed project are as follows:
Coast Highway runs along the California coast and all the way through Newport Beach. Coast
Highway is a four‐to‐eight lane east‐west roadway south of the project site with direct project
access via a RIRO driveway. Coast Highway is a seven‐to‐eight lane divided roadway east of
Dover Drive and a four‐to‐six lane roadway with a two‐way left‐turn lane west of Dover Drive.
According to the City’s Master Plan of Streets and Highways, Coast Highway is classified as an
Eight Lane Road east of Dover Drive and as a Major Road west of Dover Drive. The posted speed
limit is 40 miles per hour (mph) west of Balboa Bay Way, 45 mph between Balboa Bay Way and
Dover Drive, and 50 mph east of Dover Drive. On‐street (Class II) bicycle lanes are provided on
both sides of the street east of Dover Drive, and a bicycle route (Class III) shared with vehicles is
provided on both sides of the street west of Dover Drive. Sidewalks are provided on both sides
of the street. On‐street parking is permitted on select locations.
Avon Street is a two‐lane east‐west local street located north of the project site with direct
project access. West of Tustin Avenue, sidewalks and on‐street parking are provided on both
sides of Avon Street. East of Tustin Avenue, a sidewalk and on‐street parking are provided on
the south side of Avon Street.
Superior Avenue–Balboa Boulevard is a north‐south divided roadway located west of the
project site. Superior Avenue–Balboa Boulevard has four lanes. According to the City’s Master
Plan of Streets and Highways, Superior Avenue–Balboa Boulevard is classified as a Primary Road
(City of Newport Beach 2006b). North of Coast Highway, the posted speed limit on Superior
Avenue is 40 mph. South of Coast Highway, the posted speed limit on Balboa Boulevard is 30
mph. On‐street (Class II) bicycle lanes and sidewalks are provided on both sides of Superior
Avenue. Sidewalks are provided on both sides of Balboa Boulevard. On‐street parking is
permitted in select locations along Balboa Boulevard.
Newport Boulevard is a north‐south divided roadway located west of the project site. Newport
Boulevard has six lanes. According to the City’s Master Plan of Streets and Highways, Newport
Boulevard is classified as a Major Road (City of Newport Beach 2006b). North of Coast Highway,
the posted speed limits are 45 mph in the northbound direction and 40 mph in the southbound
direction. South of Coast Highway, the posted speed limit is 30 mph. In the project vicinity,
sidewalks are provided on both sides of the street. On‐street parking is permitted in select
locations south of 30th Street.
Hospital Road is an east‐west divided roadway located northwest of the project site. Hospital
Road has four lanes. According to the City’s Master Plan of Streets and Highways, Hospital Road
is classified as a Secondary Road west of Newport Boulevard (City of Newport Beach 2006b). The
posted speed limit is 35 mph. Sidewalks are provided on both sides of the street. On‐street
parking is prohibited.
38
2 / 1Q2 / 11 / 21 / 21SuperiorAvenue–BalboaBlvd/CoastHighway2NewportBoulevardSBRamps/CoastHighway3NewportBoulevard/HospitalRoad4 / 2Q4 / 2Q[1 / 12 / 42 / 4S4RiversideAvenue/CoastHighway5TustinAvenue/CoastHighway6IrvineAvenue/DoverDrive–19thStreet1 / 00 / 10 / 1\R 7IrvineAvenue/WestcliffDrive–17thStreet8DoverDrive/WestcliffDrive9DoverDrive/CastawaysLane–16thStreetZ2 / 52 / 5Z1 / 22 / 1S5 / 33 / 2S5 / 32 / 110DoverDrive–BayshoreDrive/CoastHighway11BaysideDrive/CoastHighway12JamboreeRoad/CoastHighwayFIGURE3LEGENDXXX/YYYAM/PMVolumeN2510and2530WestCoastHighwayProjectTripDistributionandTripAssignment–ProposedResidential1 / 30 / 20 / 22 / 11 / 01 / 10 / 11 / 21 / 20 / 12 / 17 / 4P:\CNB2101.01\xls\Figures\Fig3ͲProjectTripDistributionandTripAssignment–ProposedResidential.xlsx(1/31/2023)839
1 / 2[1 / 1T0 / 1Q1 / 31 / 2Y1 / 21SuperiorAvenue–BalboaBlvd/CoastHighway2NewportBoulevardSBRamps/CoastHighway3NewportBoulevard/HospitalRoad2 / 5Q2 / 5Q[0 / 12 / 52 / 7S0 / -24RiversideAvenue/CoastHighway5TustinAvenue/CoastHighway6IrvineAvenue/DoverDrive–19thStreet7IrvineAvenue/WestcliffDrive–17thStreet8DoverDrive/WestcliffDrive9DoverDrive/CastawaysLane–16thStreetZ2 / 41 / 2Z1 / 11 / 5S0 / 2R0 / 1S1 / 41 / 2\0 / 110DoverDrive–BayshoreDrive/CoastHighway11BaysideDrive/CoastHighway12JamboreeRoad/CoastHighwayFIGURE4LEGENDXXX/YYYAM/PMVolumeNNote:NegativetripsarepassͲbytrips.2510and2530WestCoastHighwayProjectTripDistributionandTripAssignment–ProposedSupermarket0 / 11 / 32 / 51 / 20 / 30 / 31 / 30 / 10 / 10 / 10 / 10 / 12 / 9P:\CNB2101.01\xls\Figures\Fig4ͲProjectTripDistributionandTripAssignment–ProposedSupermarket.xlsx(1/31/2023)940
3 / 3[1 / 1T0 / 1Q3 / 42 / 4Y2 / 41SuperiorAvenue–BalboaBlvd/CoastHighway2NewportBoulevardSBRamps/CoastHighway3NewportBoulevard/HospitalRoad6 / 7Q6 / 7Q[1 / 24 / 94 / 11S0 / -24RiversideAvenue/CoastHighway5TustinAvenue/CoastHighway6IrvineAvenue/DoverDrive–19thStreet1 / 00 / 10 / 1\R 7IrvineAvenue/WestcliffDrive–17thStreet8DoverDrive/WestcliffDrive9DoverDrive/CastawaysLane–16thStreetZ4 / 93 / 7Z2 / 33 / 6S5 / 5R3 / 3S6 / 71 / 2\2 / 210DoverDrive–BayshoreDrive/CoastHighway11BaysideDrive/CoastHighway12JamboreeRoad/CoastHighwayFIGURE5LEGENDXXX/YYYAM/PMVolumeN2510and2530WestCoastHighwayNetProjectTripAssignment1 / 41 / 52 / 71 / 22 / 41 / 01 / 41 / 41 / 31 / 30 / 10 / 22 / 29 / 13P:\CNB2101.01\xls\Figures\Fig5ͲNetProjectTripAssignment.xlsx(1/31/2023)1041
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TRAFFIC IMPACT ANALYSIS
FEBRUARY 2023
2510 AND 2530 WEST COAST HIGHWAY PROJECT
NEWPORT BEACH, CALIFORNIA
P:\CNB2101.01\doc\TIA3.docx «01/31/23» 11
Riverside Avenue is a two‐to‐four lane north‐south local street located west of the project site.
The posted speed limit is 30 mph. On‐street (Class II) bicycle lanes are provided on both sides of
the street. On‐street parking is prohibited. South of Avon Street, sidewalks are provided on both
sides of the street. North of Avon Street, sidewalks and parking are provided on the north side
of Riverside Avenue.
Tustin Avenue is a two‐lane north‐south local street located west of the project site. South of
Avon Street, sidewalks are provided on both sides of the street. On‐street parking is permitted.
Irvine Avenue is a two‐to‐four lane north‐south roadway located east of the project site
providing a regional connection from Irvine/Costa Mesa to Newport Beach. According to the
City’s Master Plan of Streets and Highways, Irvine Avenue is classified as a Primary Road north of
16th Street and as a Secondary Road south of 16th Street (City of Newport Beach 2006b). North
of Cliff Drive, the posted speed limit is 25 mph. North of 17th Street–Westcliff Drive, the posted
speed limits are 40 mph in the northbound direction and 35 mph in the southbound direction.
South of 17th Street–Westcliff Drive, the posted speed limit is 35 mph. On‐street (Class II) bicycle
lanes and sidewalks are provided on both sides of the street. On‐street parking is generally
permitted south of 17th Street–Westcliff Drive.
19th Street–Dover Drive is a two‐to‐four lane north‐south roadway located north and east of the
project site. According to the City’s Master Plan of Streets and Highways, Dover Drive is
classified as a Commuter Roadway north of Westcliff Drive, a Primary Road between Westcliff
Drive and Cliff Drive, and a Major Road south of Cliff Drive. East of Irvine Avenue, the posted
speed limit on Dover Drive is 30 mph. In the project vicinity north of Coast Highway, Dover Drive
has a speed limit of 45 mph. On‐street (Class II) bicycle lanes and sidewalks are provided on both
sides of the street north of Coast Highway. On‐street parking is prohibited.
17th Street–Westcliff Drive is a four‐lane east‐west roadway north of the project site. According
to the City’s Master Plan of Streets and Highways, 17th Street–Westcliff Drive is classified as a
Primary Road. The posted speed limit is 35 mph. Sidewalks are provided on both sides of the
street. On‐street parking is prohibited.
16th Street is a two‐lane east‐west undivided roadway north of the project site. According to the
City’s Master Plan of Streets and Highways, 16th Street is classified as a Secondary Road between
Irvine Avenue and Dover Drive. The posted speed limit is 35 mph east of Irvine Avenue and
25 mph west of Irvine Avenue. On‐street (Class II) bicycle lanes are provided on both sides of the
street east of Irvine Avenue. Sidewalks are provided on both sides of the street. On‐street
parking is permitted on both sides of the street.
Bayside Drive is a north‐south local street located east of the project site. It has two lanes with a
posted speed limit of 25 mph north of Coast Highway and four lanes with a posted speed limit of
40 mph south of Coast Highway. Sidewalks are provided on both sides of the street. On‐street
(Class II) bicycle lanes are provided on both sides of the street south of Coast Highway. On‐street
parking is permitted in select locations south of Coast Highway.
Jamboree Road is a north‐south divided roadway located east of the project site providing a
regional connection from State Route 261 in Tustin to Coast Highway in Newport Beach.
Jamboree Road has six lanes. According to the City’s Master Plan of Streets and Highways,
Jamboree Road is classified as a Major Road. The posted speed limit is 55 mph. On‐street (Class
43
TRAFFIC IMPACT ANALYSIS
FEBRUARY 2023
2510 AND 2530 WEST COAST HIGHWAY PROJECT
NEWPORT BEACH, CALIFORNIA
P:\CNB2101.01\doc\TIA3.docx «01/31/23» 12
II) bicycle lanes and sidewalks are provided on both sides of the street. On‐street parking is
prohibited.
Existing Baseline Intersection Level of Service
Figure 6 shows the existing intersection geometrics and traffic control devices at the 12 initial study
area intersections.
The City provided existing peak‐hour traffic volumes. Transportation Studies, Inc., collected peak‐
hour traffic volumes for five study area intersections in February 2020, one study area intersection
in March 2022, and six study area intersections in April 2022. The existing baseline peak‐hour traffic
volumes at the study area intersections are provided in Appendix A and illustrated on Figure 7.
The results of the existing peak‐hour LOS analysis for the study area intersections are summarized in
Table B. As shown in this table, all study area intersections currently operate at a satisfactory LOS.
The existing baseline ICU worksheets are provided in Appendix B.
Active Transportation
Transit Facilities
Transit facilities are accessible to and from the project site. In the project vicinity, OCTA bus stops
are currently provided at the northwest corner of Riverside Avenue/West Coast Highway and the
southwest corner of Tustin Avenue/West Coast Highway. OCTA Route 1 provides transportation
between Long Beach and San Clemente. The OCTA bus system maps and bus stop locations are
provided in Appendix C.
Bicycle Circulation
Class II bicycle lanes are provided in the vicinity of the project site on Riverside Avenue, Cliff Drive,
Irvine Avenue, Dover Drive, 16th Street east of Irvine Avenue, Coast Highway west of Newport
Boulevard, and Coast Highway east of Bayside Drive. Bicycle travel is possible between the project
site and residences and other uses in the vicinity of the project site.
Pedestrian Circulation
Sidewalks currently exist in the project vicinity on both sides of West Coast Highway and Tustin
Street south of Avon Street. A sidewalk currently exists on the south side of Avon Street. Sidewalks
currently exist on both sides of Riverside Avenue south of Avon Street, as well as on the north and
west sides of Riverside Avenue between Avon Street and Cliff Drive. The pedestrian and bicycle
facilities provide opportunities for the public to use alternative modes of transportation and
connections to a variety of commercial, residential, and employment destinations. Land uses in
close proximity to the project site include other commercial uses and residences, all of which are
accessible by nonautomotive means.
44
N/SSplitPhase1SuperiorAvenue–BalboaBlvd/CoastHighway2NewportBoulevardSBRamps/CoastHighway3NewportBoulevard/HospitalRoad4RiversideAvenue/CoastHighway5TustinAvenue/CoastHighway6IrvineAvenue/DoverDrive–19thStreet7IrvineAvenue/WestcliffDrive–17thStreet8DoverDrive/WestcliffDrive9DoverDrive/CastawaysLane–16thStreetN/SSplitPhase N/SSplitPhase10DoverDrive–BayshoreDrive/CoastHighway11BaysideDrive/CoastHighway12JamboreeRoad/CoastHighwayFIGURE6LegendSignal DefactoRightTurnFreeRightTurnN2510and2530WestCoastHighwayRightͲTurnOverlapExistingIntersectionGeometrics
FDDDDDFDDDFDFFRTOFP:\CNB2101.01\xls\Figures\Fig6ͲExistingIntersectionsGeometrics.xlsx1/31/20231345
[208 / 158[34 / 61647 / 1896[404 / 551185 / 210ZQT64 / 128ZQ828 / 1830ZQT44 / 109540 / 211SRY2217 / 1165211 / 381SRY2056 / 861129 / 131\157 / 96272 / 179\219 / 224\1SuperiorAvenue–BalboaBlvd/CoastHighway2NewportBoulevardSBRamps/CoastHighway3NewportBoulevard/HospitalRoad[76 / 40[231 / 2921263 / 2110[34 / 36102 / 256ZQT7 / 26ZQ1310 / 2100ZQT11 / 26254 / 265SRY49 / 80SRY72 / 45SRY1913 / 14502001 / 1433162 / 1124 / 17\4 / 2\43 / 55\4RiversideAvenue/CoastHighway5TustinAvenue/CoastHighway6IrvineAvenue/DoverDrive–19thStreet[52 / 92[72 / 54315 / 74533 / 21ZQT30 / 74Z ZQT40 / 41250 / 278SRY73 / 108SR20 / 28SRY580 / 528553 / 478\34 / 21133 / 135\167 / 171\7IrvineAvenue/WestcliffDrive–17thStreet8DoverDrive/WestcliffDrive9DoverDrive/CastawaysLane–16thStreet[738 / 1463[20 / 28[122 / 2171190 / 21431522 / 3097876 / 1874ZQT28 / 38ZQT63 / 75ZQT65 / 123126 / 141SRY33 / 57SRY1044 / 685SRY2002 / 13582718 / 18161297 / 104134 / 14\475 / 416\12 / 14\10DoverDrive–BayshoreDrive/CoastHighway11BaysideDrive/CoastHighway12JamboreeRoad/CoastHighwayFIGURE7LEGENDXXX/YYYAM/PMVolumeN2510and2530WestCoastHighwayExistingPeakͲHourTrafficVolumes77 / 7411 / 1942 / 4523 / 32342 / 231264 / 495179 / 17742 / 4628 / 29956 / 75078 / 7224 / 23124 / 12739 / 501170 / 88255 / 4443 / 46375 / 4826 / 1529 / 3437 / 47700 / 1347110 / 131758 / 1011172 / 411467 / 576244 / 275614 / 43419 / 40327 / 505442 / 59887 / 77535 / 341239 / 2061352 / 147753 / 51360 / 306435 / 172155 / 161261 / 657115 / 156242 / 184242 / 295144 / 266131 / 109145 / 16561 / 56130 / 1941443 / 13911 / 130 / 122 / 40889 / 74131 / 4032 / 7412 / 241 / 351 / 60859 / 13742 / 41 / 41 / 178 / 58296 / 315P:\CNB2101.01\xls\Figures\Fig7ͲExistingPeakͲHourVolumes.xlsx(11/16/2022)1446
ICU LOS ICU LOS
1 SuperiorAvenue–BalboaBoulevard/WestCoastHighway 0.63 B 0.64 B
2 NewportBoulevardSouthboundRamps/WestCoastHighway 0.84 D 0.57 A
3 NewportBoulevard/HospitalRoad 0.53 A 0.64 B
4 RiversideAvenue/CoastHighway 0.66 B 0.66 B
5 TustinAvenue/CoastHighway 0.66 B 0.55 A
6IrvineAvenue/DoverDrive–19thStreet 0.56 A 0.68 B
7IrvineAvenue/WestcliffDrive–17thStreet 0.51 A 0.69 B
8DoverDrive/WestcliffDrive0.46 A 0.41 A
9DoverDrive/CastawaysLane–16thStreet 0.50 A 0.49 A
10 DoverDrive–BayshoreDrive/CoastHighway 0.72 C 0.70 B
11 BaysideDrive/CoastHighway 0.72 C 0.67 B
12 JamboreeRoad/CoastHighway 0.60 A 0.64 B
ICU=IntersectionCapacityUtilization
LOS=levelofservice
Intersection
AMPeakHour PMPeakHour
TableB:ExistingIntersectionLevelofServiceSummary
Existing
P:\CNB2101.01\xls\LOS.xlsx\Ex(1/31/2023)15
47
TRAFFIC IMPACT ANALYSIS
FEBRUARY 2023
2510 AND 2530 WEST COAST HIGHWAY PROJECT
NEWPORT BEACH, CALIFORNIA
P:\CNB2101.01\doc\TIA3.docx «01/31/23» 16
FUTURE YEAR 2025 CONDITIONS
The City requires that the proposed project be analyzed 1 year after the project opening year. The
proposed project is anticipated to open in 2024; therefore, an analysis year of 2025 was used in the
future year analysis.
Future Year 2025 Baseline Intersection Level of Service
The Future Year 2025 condition was developed by applying a growth rate to the existing traffic
volumes and adding trips from approved projects in the vicinity. A 1 percent‐per‐year growth rate
was added to all traffic volumes on Irvine Avenue, Newport Boulevard, Coast Highway, and
Jamboree Road north of Coast Highway, consistent with the City’s Regional Traffic Annual Growth
Rate table (provided in Appendix D).
Approved Projects
The City provided the trip assignment for 18 approved projects at each study area intersection.
Figure 8 illustrates the approved projects’ locations. Detailed trip assignment for the approved
projects is provided in Appendix E. The approved projects include the following:
1. Fashion Island Expansion
2. Temple Bat Yahm Expansion
3. Hoag Hospital Phase III
4. St. Mark Presbyterian Church
5. 2300 Newport Boulevard (VUE)
6. Hoag Health Center
7. North Newport Center
8. 328 Old Newport Medical Office General Plan
Amendment
9. Mariner’s Pointe
10. Uptown Newport Phases 1
11. Uptown Newport Phases 2
12. Back Bay Landing
13. Residences at 4400 Von Karman
14. Picerne Residential
15. 1400 Bristol St Medical Office
16. Balboa Marina West
17. Newport Crossings
18. Museum House—Vivante Senior Center
The ambient growth volumes on Irvine Avenue, Newport Boulevard, Coast Highway, and Jamboree
Road north of Coast Highway, as well as the approved project trips at the study area intersections,
were added to the existing peak‐hour volumes to develop the Future Year 2025 baseline peak‐hour
traffic volumes. Figure 9 shows the resulting Future Year 2025 baseline peak‐hour traffic volumes.
1 Percent Traffic Volume Analysis
A 1 percent traffic volume analysis was prepared to identify any study area intersection where
traffic from the proposed project would increase traffic on any leg by 1 percent or more. The Future
Year 2025 condition was used as the baseline for the 1 percent volume analysis. Table C provides a
summary of the 1 percent volume analysis. As shown in Table C, application of the 1 percent traffic
volume analysis to the study area intersections would result in an increase in traffic volumes on any
leg by 1 percent or more in the Future Year 2025 Plus Project condition in the following study area
intersection:
5. Tustin Avenue/Coast Highway
48
FEET
470023500
N
FIGURE 8
I:\CNB \G\Cumulative Projects.cdr (1 / /202 )2101.01 1 16 2
SOURCE Google Maps:Approved Project Locations
LEGEND
- Approved Project
- Project Site
XX
2510 and 2530 West Coast Highway
1
2
3
4
5
6
7
8
9
10
12
13
14
15
16
17
18
11
17
49
[214 / 163[37 / 74700 / 2010[420 / 577187 / 218ZQT66 / 132ZQ901 / 1929ZQT46 / 118559 / 221SRY2308 / 1291223 / 401SRY2152 / 913137 / 142\162 / 100280 / 187\220 / 229\1SuperiorAvenue–BalboaBlvd/CoastHighway2NewportBoulevardSBRamps/CoastHighway3NewportBoulevard/HospitalRoad[78 / 42[233 / 2971368 / 2263[35 / 37102 / 256ZQT7 / 27ZQ1416 / 2253ZQT11 / 26262 / 273SRY50 / 82SRY72 / 45SRY2033 / 15862124 / 1568162 / 1124 / 18\4 / 2\43 / 55\4RiversideAvenue/CoastHighway5TustinAvenue/CoastHighway6IrvineAvenue/DoverDrive–19thStreet[54 / 97[72 / 54321 / 75633 / 21ZQT30 / 74Z ZQT40 / 41251 / 280SRY73 / 108SR20 / 28SRY588 / 541564 / 495\34 / 21133 / 135\171 / 177\7IrvineAvenue/WestcliffDrive–17thStreet8DoverDrive/WestcliffDrive9DoverDrive/CastawaysLane–16thStreet[778 / 1549[37 / 60[126 / 2241286 / 22921619 / 3255932 / 1996ZQT29 / 39ZQT68 / 88ZQT67 / 129135 / 156SRY73 / 114SRY1096 / 746SRY2117 / 14792843 / 19201376 / 110535 / 14\489 / 429\12 / 14\10DoverDrive–BayshoreDrive/CoastHighway11BaysideDrive/CoastHighway12JamboreeRoad/CoastHighwayFIGURE9LEGENDXXX/YYYAM/PMVolumeN2510and2530WestCoastHighwayFutureYear2025PeakͲHourTrafficVolumes2 / 41 / 41 / 179 / 59296 / 31569 / 62141 / 2051515 / 14731 / 130 / 122 / 40918 / 76831 / 4033 / 7612 / 251 / 353 / 62889 / 14211429 / 154963 / 58389 / 342459 / 183157 / 163263 / 663116 / 159242 / 184285 / 324145 / 266131 / 109153 / 176333 / 520446 / 60887 / 77542 / 352250 / 218112 / 136767 / 1036178 / 424481 / 593251 / 283632 / 44720 / 4142 / 4628 / 29973 / 77678 / 7224 / 23130 / 13239 / 501200 / 91855 / 4443 / 46376 / 48710 / 2347 / 6161 / 99763 / 142179 / 7817 / 2542 / 4524 / 33352 / 238272 / 512184 / 182P:\CNB2101.01\xls\Figures\Fig9ͲFutureYear2025PeakͲHourVolumes.xlsx(1/31/2023)1850
1PercentPeakPercentPercentPercentPercent TestHour Project Base Increase Project Base Increase Project Base Increase Project Base Increase Satisfied?AM 0 433 0.00% 0 621 0.00% 2 2,991 0.07% 3 980 0.31%1 SuperiorAvenue–BalboaBoulevard/WestCoastHighway PM 1 538 0.19% 0 1,006 0.00% 4 1,321 0.30% 4 2,305 0.17% NoAMͲͲ Ͳ1 674 0.15% 2 2,445 0.08% 4 1,321 0.30%2NewportBoulevardSouthboundRamps/WestCoastHighway PMͲͲ Ͳ3 666 0.45% 4 1,433 0.28% 5 2,506 0.20% NoAM 2 1,725 0.12% 1 1,951 0.05% 0 605 0.00% 0 270 0.00%3NewportBoulevard/HospitalRoadPM 2 1,740 0.11% 3 1,790 0.17% 0 730 0.00% 0 410 0.00% NoAM 0 4 0.00% 0 376 0.00% 4 2,299 0.17% 6 1,453 0.41%4RiversideAvenue/CoastHighwayPM 0 21 0.00% 0 375 0.00% 9 1,877 0.48% 7 2,332 0.30% NoAM 0 1 0.00% 9 53 16.98% 4 2,178 0.18% 6 1,451 0.41%5TustinAvenue/CoastHighwayPM 0 4 0.00% 13 80 16.25% 9 1,652 0.54% 7 2,290 0.31% YesAM 0 983 0.00% 0 1,075 0.00% 0 277 0.00% 1 346 0.29%6IrvineAvenue/19thStreet–DoverAvenuePM 0 855 0.00% 2 1,673 0.12% 0 212 0.00% 2 579 0.35% NoAM 0 903 0.00% 0 909 0.00% 0 972 0.00% 1 405 0.25%7IrvineAvenue/17thStreet–WestcliffDrivePM 0 771 0.00% 0 1,235 0.00% 1 956 0.10% 0 927 0.00% NoAM 2 779 0.26% 1 629 0.16% 0 637 0.00% 0 0 0.00%8DoverDrive/WestcliffDrivePM 4 1,128 0.35% 4 429 0.93% 1 603 0.17% 0 0 0.00% NoAM 2 921 0.22% 1 1,079 0.09% 0 225 0.00% 0 145 0.00%9DoverDrive/16thStreet–CastawaysLanePM 4 1,218 0.33% 5 877 0.57% 0 226 0.00% 0 116 0.00% NoAM 0 122 0.00% 2 1,369 0.15% 9 2,287 0.39% 4 2,093 0.19%10 DoverDrive–BayshoreDrive/CoastHighwayPM 0 113 0.00% 7 1,100 0.64% 13 1,649 0.79% 9 3,880 0.23% NoAM 1 435 0.23% 0 118 0.00% 6 3,405 0.18% 3 1,724 0.17%11 BaysideDrive/CoastHighwayPM 2 557 0.36% 0 183 0.00% 7 2,463 0.28% 7 3,403 0.21% NoAM 0 455 0.00% 1 1,219 0.08% 5 2,484 0.20% 2 1,125 0.18%12 JamboreeRoad/CoastHighwayPM 0 349 0.00% 4 2,115 0.19% 5 1,865 0.27% 3 2,349 0.13% No=projectcontributionof1percentormoreTableC:CityofNewportBeach1PercentVolumeAnalysisSummaryPrimaryIntersectionNorthboundSouthboundEastboundWestboundApproachVolumesP:\CNB2101.01\xls\1percentsummary.xlsx\All(1/31/2023)1951
TRAFFIC IMPACT ANALYSIS
FEBRUARY 2023
2510 AND 2530 WEST COAST HIGHWAY PROJECT
NEWPORT BEACH, CALIFORNIA
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The results of the Future Year 2025 peak‐hour LOS analysis for the study area intersections are
summarized in Table D. As shown in this table, all study area intersections are forecast to operate at
a satisfactory LOS.
Future Year 2025 Plus Project Intersection Level of Service
To determine the Future Year 2025 Plus Project condition, traffic generated by the proposed project
was added to Future Year 2025 traffic volumes at Tustin Avenue/Coast Highway. Figure 10 shows
the resulting Future Year 2025 Plus Project peak‐hour traffic volumes.
Table D summarizes the results of the Future Year 2025 Plus Project peak‐hour LOS analysis for the
study area intersection. As shown in Table D, with the addition of the proposed project, Tustin
Avenue/Coast Highway is forecast to operate at a satisfactory LOS. Therefore, the proposed project
can be implemented with no peak‐hour LOS impacts at the study area intersections in the Future
Year 2025 condition.
ACCESS AND ON‐SITE CIRCULATION
As previously described, access to the project site would be provided via a RIRO only driveway on
West Coast Highway and a full‐access driveway on Avon Street. The residential component of the
proposed project is anticipated to generate approximately 60 percent of its inbound trips and
30 percent of its outbound trips at the RIRO only driveway on West Coast Highway, as well as
approximately 40 percent of its inbound trips and 70 percent of its outbound trips at the full‐access
driveway on Avon Street. The grocery store component of the proposed project is anticipated to
generate approximately 45 percent of its inbound trips and 30 percent of its outbound trips at the
RIRO only driveway on West Coast Highway, as well as approximately 55 percent of its inbound trips
and 70 percent of its outbound trips at the full‐access driveway on Avon Street. The regional trip
distribution and assignment of the proposed project are illustrated on Figures 3–5.
Sight Distance Analysis
A sight distance analysis was conducted along West Coast Highway and Avon Street at the locations
of the project driveways to ensure driver visibility and safety. According to the City’s Master Plan of
Streets and Highways, West Coast Highway is classified as a Major Road. Avon Street is a local road
and does not have any street designation in the City’s Master Plan of Streets and Highways. Based
on the City’s Standard Drawings Series STD‐105, the sight distance for a Major Road is 525 feet (ft).
As shown on Figure 11, the sight distance at the project driveway along West Coast Highway
exceeds 525 ft looking east. There are no sight obstructions at the project driveway along Avon
Street. Therefore, the project driveway along West Coast Highway meets the minimum sight
distance requirements of 525 ft specified in the City’s STD‐105.
52
ICU LOS ICU LOS ICU LOS ICU LOS AM PM AM PM1 SuperiorAvenue–BalboaBoulevard/WestCoastHighway 0.66 B 0.66 BͲͲͲͲͲͲN/A N/A2 NewportBoulevardSouthboundRamps/WestCoastHighway 0.90 D 0.60 BͲͲͲͲͲͲN/A N/A3 NewportBoulevard/HospitalRoad0.55 A 0.67 BͲͲͲͲͲͲN/A N/A4 RiversideAvenue/CoastHighway0.69 B 0.69 BͲͲͲͲͲͲN/A N/A5 TustinAvenue/CoastHighway0.70 B 0.58 A 0.70 B 0.60 A 0.00 0.02 No No6IrvineAvenue/DoverDrive–19thStreet0.57 A 0.70 BͲͲͲͲͲͲN/A N/A7IrvineAvenue/WestcliffDrive–17thStreet0.52 A 0.71 CͲͲͲͲͲͲN/A N/A8DoverDrive/WestcliffDrive0.47 A 0.42 AͲͲͲͲͲͲN/A N/A9DoverDrive/CastawaysLane–16thStreet0.51 A 0.51 AͲͲͲͲͲͲN/A N/A10 DoverDrive–BayshoreDrive/CoastHighway0.75 C 0.75 CͲͲͲͲͲͲN/A N/A11 BaysideDrive/CoastHighway0.76 C 0.77 CͲͲͲͲͲͲN/A N/A12 JamboreeRoad/CoastHighway0.62 B 0.68 BͲͲͲͲͲͲN/AN/Aѐ=changeinICU=IntersectionCapacityUtilizationLOS=levelofserviceIntersectionPeakͲHourѐinICUProjectLOSImpact?TableD:FutureYear2025IntersectionLevelofServiceSummaryFutureYear2025 FutureYear2025PlusProjectAMPeakHour PMPeakHour AMPeakHour PMPeakHourP:\CNB2101.01\xls\LOS.xlsx\Future+Proj(1/31/2023)2153
[214 / 163[37 / 74703 / 2013[421 / 578187 / 218ZQT66 / 133ZQ904 / 1933ZQT46 / 118559 / 221SRY2310 / 1295223 / 401SRY2154 / 917137 / 142\162 / 100280 / 187\220 / 229\1SuperiorAvenue–BalboaBlvd/CoastHighway2NewportBoulevardSBRamps/CoastHighway3NewportBoulevard/HospitalRoad[78 / 42[234 / 2991374 / 2270[35 / 37102 / 256ZQT7 / 27ZQ1422 / 2260ZQT11 / 26262 / 273SRY54 / 93SRY72 / 45SRY2037 / 15952124 / 1566162 / 1124 / 18\4 / 2\43 / 55\4RiversideAvenue/CoastHighway5TustinAvenue/CoastHighway6IrvineAvenue/DoverDrive–19thStreet[54 / 97[72 / 54322 / 75633 / 21ZQT30 / 74Z ZQT40 / 41251 / 280SRY73 / 108SR20 / 28SRY588 / 542564 / 496\34 / 21133 / 135\171 / 177\7IrvineAvenue/WestcliffDrive–17thStreet8DoverDrive/WestcliffDrive9DoverDrive/CastawaysLane–16thStreet[778 / 1549[37 / 60[126 / 2241290 / 23011621 / 3259934 / 1999ZQT29 / 39ZQT68 / 88ZQT67 / 129138 / 162SRY73 / 114SRY1099 / 749SRY2123 / 14862845 / 19231378 / 110735 / 14\490 / 431\12 / 14\10DoverDrive–BayshoreDrive/CoastHighway11BaysideDrive/CoastHighway12JamboreeRoad/CoastHighwayFIGURE10LEGENDXXX/YYYAM/PMVolumeN2510and2530WestCoastHighwayFutureYear2025PlusProjectPeakͲHourTrafficVolumes2 / 41 / 41 / 179 / 59296 / 31569 / 62141 / 2051517 / 14751 / 130 / 122 / 40918 / 76840 / 5333 / 7612 / 251 / 353 / 62889 / 14211430 / 155263 / 58390 / 345459 / 183157 / 163263 / 663116 / 159242 / 184285 / 324145 / 266131 / 110153 / 178334 / 520447 / 61287 / 77543 / 356250 / 218112 / 136769 / 1040178 / 424481 / 593251 / 283632 / 44720 / 4142 / 4628 / 29974 / 78178 / 7224 / 23132 / 13939 / 501200 / 91855 / 4443 / 46377 / 48910 / 2347 / 6161 / 99764 / 142577 / 7617 / 2542 / 4523 / 32342 / 231272 / 512184 / 182P:\CNB2101.01\xls\Figures\Fig10ͲFutureYear2025PlusProjectPeakͲHourVolumes.xlsx(11/18/2022)2254
нϱϮϱŌ͘нϱϮϱŌ͘13$5.,1**$5$*( 62&&83$1&<7<3(,$&216758&7,2121(6725<$7*5$'(:(67&2$67+,*+:$<7867,1$9(7867,1$9( 7867:(67&2$67+,*+:$<$'-$&(173/$<*5281'$5($&200(5&,$/63$&( 027+(5
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5(6,'(17,$/ 5<2&&83$1&<7<3(9$&216758&7,21$%29(32',807:26725,(6
нϱϮϱŌ͘нϱϮϱŌ͘нϮϬϬŌ͘нϮϬϬŌ͘нϮϬϬŌ͘нϮϬϬŌ͘ůŝīƌůŝīƌAvon StAvon StdƵƐƟŶǀĞdƵƐƟŶǀĞCoast Highway is a Major Road - STD-105 requires 525' of sight distance.Avon Street is a Commuter (Local) Street - STD-105 requires 205' of sight distance.SOURCE: Google Earth 2021FIGURE 11I:\CNB2101.01\G\Sight_Distance.ai (10/20/2022)Sight Distance2510 and 2530 West Coast HighwayFEET1507502355
TRAFFIC IMPACT ANALYSIS
FEBRUARY 2023
2510 AND 2530 WEST COAST HIGHWAY PROJECT
NEWPORT BEACH, CALIFORNIA
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CONGESTION MANAGEMENT PROGRAM CONSISTENCY REQUIREMENTS
The County of Orange (County) CMP Highway System includes one roadway arterial in the project
area: Coast Highway, but it does not include any intersections within the study area. Based on the
CMP requirements, a TIA is required for CMP purposes if a project would generate 2,400 or more
ADT. For projects that would directly access a CMP Highway System roadway, a reduced threshold
of 1,600 ADT is applied. The proposed project is forecast to generate 690 ADT. As such, a CMP‐level
analysis is not required. Therefore, this TIA complies with the CMP requirements.
VEHICLE MILES TRAVELED
In accordance with the Senate Bill 743 vehicle miles traveled (VMT) methodology for the City, local‐
serving retail space less than 50,000 sf is presumed to have a less than significant transportation
impact. The proposed 5,096 sf grocery store is less than 50,000 sf of local‐serving retail use.
Therefore, the proposed project would meet the City’s requirements regarding VMT, and the
proposed project would not create a significant California Environmental Quality Act (CEQA)
transportation impact.
CONCLUSIONS
Based on the results of this TIA, the proposed project could be implemented without adversely
affecting the study area intersections. The evaluation of the study area intersection LOS shows that
the addition of project traffic would not create LOS impacts. Based on the site plan layout, adequate
access and on‐site circulation would be provided.
Local‐serving retail space less than 50,000 sf is screened out from a VMT analysis and is presumed to
have a less than significant transportation impact. Because the 5,096 sf grocery store is less than
50,000 sf of local‐serving retail use, the proposed project is screened out from a VMT analysis and is
presumed to have a less than significant CEQA transportation impact. Therefore, the proposed
project meets the City’s VMT requirements, and the proposed project would not result in a
significant CEQA transportation impact.
56
Appendices and full Traffic Impact Analysis available separately due to bulk:
Click Here for Traffic Impact Analysis
57
Planning Commission Resolution No. PC2023-013
Page 11 of 15
EXHIBIT “C”
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 (except as modified by applicable conditions of approval).
2. The Approved Project including the Modified 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. A material violation of
any of those laws in connection with the use may be caused the revocation of this
coastal development permit and traffic study.
4. The Coastal Development Permit and Traffic Study shall expire unless exercised within 24
months from the date of approval as specified in Sections 21.54.060 and 15.40.035 of the
Newport Beach Municipal Code unless an extension is otherwise granted.
5. This Coastal Development Permit may be modified or revoked by the Planning
Commission should they determine that the proposed uses or conditions under which it
is being operated or maintained are detrimental to the public health, welfare, or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained to constitute a public nuisance.
6. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans before issuance of the
building permits.
7. With the exception of Condition of Approval No. 17 of City Council Resolution No. 2021-
36, all conditions of approval from Resolution No. 2021-36 shall remain applicable to the
Modified Project.
8. Twenty-one (21) parking spaces shall be signed and reserved for the commercial use
during business hours.
9. The Property may implement uses that are different than the proposed grocery store,
provided that the future use (1) is permitted under the Mixed-Use Mariners’ Mile land
use allowances, (2) has a parking rate equal to retail sales, and (3) does not generate
additional average daily trips than the grocery store use. Any future uses which do not
comply with the above are prohibited unless a new discretionary approval is obtained.
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Planning Commission Resolution No. PC2023-013
Page 12 of 15
10. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified periods unless the ambient noise level is higher:
Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
11. 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 leasing agent.
12. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday,
and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are
not allowed on Sundays or Holidays.
13. No outside paging system shall be utilized in conjunction with this establishment.
14. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
15. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
16. The exterior of the business shall be always maintained free of litter and graffiti. The owner
or operator shall provide for daily removal of trash, litter debris, and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
17. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
18. Refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and
7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00
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Planning Commission Resolution No. PC2023-013
Page 13 of 15
a.m. on Sundays and Federal holidays unless otherwise approved by the Director of
Community Development and may require an amendment to this Coastal Development
Permit.
19. Deliveries and loading for the grocery store shall be limited to the hours between 7 a.m.
and 6 p.m, daily.
20. Box trucks, trailers, and/or other large delivery vehicles of similar size shall not access the
Property from West Coast Highway and shall access the Property from Avon Street. In
addition, no delivery vehicles of any size shall park or load on West Coast Highway.
21. Storage outside of the building in the front or at the rear of the property shall be
prohibited, except for the required trash container enclosure.
22. A Special Events Permit is required for any event or promotional activity outside the
normal operating characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
23. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any 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 Mother’s Market including, but not limited to, a coastal
development permit and traffic study (PA2022-101). This indemnification shall include, but
not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees,
and other expenses incurred in connection with such claim, action, causes of action, suit,
or proceeding whether incurred by the applicant, City, and/or the parties initiating or
bringing the such proceeding. The applicant shall indemnify the City for all the City's costs,
attorneys' fees, and damages that which City incurs in enforcing the indemnification
provisions outlined in this condition. The applicant shall pay to the City upon demand any
amount owed to the City under the indemnification requirements prescribed in this
condition.
Fire Department
24. Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12, an
automatic fire extinguishing system shall be installed in all occupancies when the total
building area exceeds 5,000 square feet unless more restrictive requirements are
required by other provisions of this code. An NFPA 13 compliant fire sprinkler system
shall be installed.
25. Mechanical refrigeration shall comply with section 605.1 – 605.17.2 of the 2019
California Fire Code.
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Planning Commission Resolution No. PC2023-013
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26. A Type I hood shall be installed at or above all commercial cooking appliances and
domestic cooking appliances used for commercial purposes that produce grease
vapors.
27. Each required commercial kitchen exhaust hood and duct system required by Section
607 to have a Type I hood shall be protected with an approved automatic fire-
extinguishing system installed in accordance with the 2019 California Fire Code.
28. Fire Master Plan shall be submitted to the Fire Prevention Division for approval. The
plan shall include information on the following (but not limited to) subjects: Fire
Department vehicle access to the project site, secondary emergency vehicle access,
firefighter access (hose pull) around structures, fire lane identification, location of fire
hydrants and other fire department appliances, and the location and type of gates or
barriers that restrict ingress/egress.
29. All portions of the perimeter of all structures shall be located within 150 feet of a fire lane
as measured along an approved route. A portion of the proposed structure exceeding
this distance is considered “out of access” and shall be corrected during plan review by
one of the following methods:
a. Provide additional fire lanes to bring the entire structure “in access”
b. Propose an alternate form of mitigation via the Alternate Methods and
Materials provisions of the fire code for the Fire Marshal’s review. There
is no guarantee that the Alternate Methods and Materials proposal will be
approved as proposed.
29. Fire Department access roads shall comply with Newport Beach Fire Guidelines C.01
and C.02.
30. Approved fire apparatus access roads shall be provided for every facility, building or
portion of a building hereafter constructed or moved into or within the jurisdiction. The
fire apparatus access road shall comply with the requirements of this section and shall
extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the
exterior walls of the first story of the building as measured by an approved route around
the exterior of the building or facility.
31. An approved water supply capable of supplying the required fire flow for fire protection
shall be provided to premises. Fire-flow requirements for buildings or portions of
buildings and facilities shall be determined by Appendix B of the 2019 California Fire
Code.
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Planning Commission Resolution No. PC2023-013
Page 15 of 15
EXHIBIT “D”
RESOLUTION NO. 2021-70
62
RESOLUTION NO. 2021-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, UPHOLDING THE
PLANNING COMMISSION'S APPROVAL OF COASTAL
DEVELOPMENT PERMIT NO. CD2019-062, SITE
DEVELOPMENT PERMIT NO. SD2019-003, TENTATIVE
PARCEL MAP NO. NP2020-013, AND AFFORDABLE
HOUSING IMPLEMENTATION PLAN NO. AH2O21-001 FOR
A MIXED-USE PROJECT LOCATED AT 2510 AND 2530
WEST COAST HIGHWAY (PA2019-249)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or -act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, an application was filed by 2510 W. Coast Hwy LLC and 2510 W. Coast
Hwy Eat LLC, ("Applicant") with respect to property located at 2510 and 2530 West Coast
Highway, and legally described in Exhibit "A," which is attached hereto and incorporated
herein by reference ("Property");
WHEREAS, the Applicant is requesting approvals for the development of a mixed-
use development consisting of 36 residential dwelling units including 8 studio units, 22 one -
bedroom units and 6 two-bedroom units and a 5,096 square foot office
Project") which requires the following approvals from the City:
Coastal Development Permit (CD2019-062) authorizing the construction of the
mixed-use project within the Coastal Zone;
Site Development Permit (SD2019-003) authorizing the construction of the
mixed-use building;
Tentative Parcel Map (NP2020-013) to consolidate the five existing parcels into
a single parcel; and
Affordable Housing Implementation Plan (AH2O21-001) ("AHIP") specifying
how the project meets the City's affordable housing requirements in exchange
for the density bonus as well as a request for an incentive and waiver pursuant
to Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code
NBMC") and Government Code Section 65915 (Density Bonus Law);
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Resolution No. 2021- 70
Page 2 of 34
WHEREAS, the Property is designated MU -H1 (Mixed -Use Horizontal) by the
General Plan ("General Plan") Land Use Element and is located within the MU -MM (Mixed -
Use Mariners' Mile) Zoning District;
WHEREAS, the Property is designated MU -H (Mixed -Use — Horizontal) by the
Coastal Land Use Plan category and is located within the MU -MM (Mixed -Use Mariners'
Mile) Coastal Zone District;
WHEREAS, a telephonic public hearing was held by the Planning Commission on
January 21, 2021, due to the Declaration of a State of Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place and purpose of the hearing was
given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act")
and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this public
hearing;
WHEREAS, at the request of the applicant, the Project was continued to the
February 18, 2021, Planning Commission meeting in order to provide an opportunity for the
Applicant to conduct a community outreach meeting and allow the public to review the
Project more thoroughly;
WHEREAS, the continued public hearing was held telephonically by the Planning
Commission on February 18, 2021, in the City Council Chambers located at 100 Civic
Center Drive, Newport Beach, CA, due to the Declaration of a State of Emergency and
Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose
of the hearing was given in accordance with the Ralph M. Brown Act and Chapters 20.62
and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2021-001 (5 ayes, 1 nay, 1 abstention) approving the Project;
WHEREAS, on February 22, 2021, Mayor Brad Avery filed a Call for Review of the
Planning Commission's decision to the City Council;
WHEREAS, a telephonic public hearing was held by the City Council on April 27,
2021, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA, due
to the Declaration of a State of Emergency and Proclamation of Local Emergency related to
COVID-19. A notice of time, place and purpose of the hearing was given in accordance
with the Ralph M. Brown Act and Chapters 20.62 and 21.62 of the NBMC. Evidence, both
written and oral, was presented to, and considered by, the City Council at this hearing;
64
Resolution No. 2021- 70
Page 3 of 34
WHEREAS, after considering public comments and deliberating on the matter, the
City Council voted (4 ayes, 1 nay) to continue the hearing;
WHEREAS, prior to the May 25, 2021 City Council meeting, the Applicant informed
the City that they intended to amend the application and revise the Project to address
feedback received from the City Council and the public, therefore, negating the need for
the May 25, 2021 hearing; and
WHEREAS, a public hearing was held by the City Council on July 27, 2021, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, CA. A notice of time,
place and purpose of the hearing was given in accordance with the Ralph M. Brown Act
and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the City Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the decision of the Planning
Commission and determined that modifications to the Project made by the City Council,
if any, are not major changes that require referral back to the Planning Commission for
consideration and recommendation.
Section 2: The City Council does hereby uphold the Planning Commission's
approval of Coastal Development Permit No. CD2019-062, Site Development Review No.
SD2019-003, Tentative Parcel Map No. NP2020-013, and Affordable Housing
Implementation Plan No. AH2021-001, subject to the conditions of approval set forth in
Exhibit "B," which is attached hereto and incorporated herein by reference.
Section 3: In accordance with Subsection (F) of Section 21.52.015 (Coastal
Development Permits) of the NBMC, the following findings and facts in support of Coastal
Development Permit No. CD2019-062 are set forth as follows:
Finding of Consistency with Section 21.52.015(F)(1)
Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding of Consistency with Section 21 52 015(F)(1)
1. The Coastal Land Use Plan designates the Property as MU -H (Mixed -Use —
Horizontal) which is intended to provide a horizontally distributed mix of uses, which
may include general or neighborhood commercial, commercial offices, multifamily
residential, visitor -serving and marine -related uses, and/or buildings that vertically
65
Resolution No. 2021-70
Page 4 of 34
integrate residential with commercial uses. The Project would be consistent with the
MU -H (Mixed -Use — Horizontal) Coastal Land Use Plan designation by developing an
office along Coast Highway and a multi -family residential building to the rear of the
Property.
2. The Project site is zoned MU -MM (Mixed -Use Mariners' Mile), which allows properties
fronting on Coast Highway to be developed for nonresidential uses only. Properties to
the rear of the commercial frontage may be developed with freestanding
nonresidential uses, multi -unit residential dwelling units, or mixed-use structures that
integrate residential above the ground floor with nonresidential uses on the ground
floor. Notwithstanding the incentive and waiver requested through the allowed density
bonus, the Project complies with the applicable standards.
3. The Property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with Title 24 of the California Code of
Regulations ("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 geotechnical investigations.
Construction plans are reviewed for compliance with approved investigations and the
CBC prior to building permit issuance.
4. A preliminary Water Quality Management Plan ("WQMP") has been reviewed and
approved by the City. The WQMP concludes that implementation of the Project would
not result in potentially significant impacts to the drainage patterns on-site. Project
storm water must comply with all applicable ("MS4") requirements to ensure that
impacts to surface and ground water quality do not occur. Water quality objectives
would be achieved through the incorporation of Best Management Practices ("BMPs")
identified in the preliminary WQMP during construction and post -project
implementation.
5. The new drainage pattern would match the existing drainage pattern, which drains
southerly toward Coast Highway. The flow would be collected into the cross gutter
and directed toward a new stormwater treatment system. The Project would be
designed to minimize impervious areas by meeting, but not exceeding, minimum
allowable driveway requirements. It would disconnect the impervious areas by
directing runoff to landscaping. It would also involve plantings in disturbed areas with
native and drought tolerant plants and trees. Approval of the Project would not result
in any significant effect related to water quality or drainage.
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Resolution No. 2021- 70
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6. The Property has no native vegetation and/or habitat. It is currently a commercial
Marine Sales facility that is entirely paved, with the exception of minor non-native
decorative vegetation. There is no potential for special -status plants or animals to
exist on the Property. The Project would not encroach into any jurisdictional waters or
areas that support native and/or sensitive habitat. The Property does not contain any
wetland area. There would be no significant direct or indirect impacts to wetland
environmentally sensitive habitat area ("ESHA") associated with the Project. For these
reasons, the Project site has no value as habitat for endangered, rare or threatened
species. Given the urban character of the surrounding area, no significant impacts to
biological resources would occur.
Findinq of Consistency with Section 21.52.015(F)(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.
Facts in Support of Findinq of Consistency with Section 21.52.015(F)(2)
1. The Project does not impact public access in that the closest public viewpoint is above
the Property to the northeast at John Wayne Park. View simulations were provided as
part of the Project plans. The inland location of the Project site combined with the
elevated and sloping location of the adjacent park minimize coastal view impacts. The
Project's flat roof, which is void of mechanical equipment or vertical intrusions, and
strategic articulation of the building further protects coastal views; therefore, the
development would not impact coastal views.
2. The closest coastal view road is West Coast Highway, which is to the south, as
designated in the Coastal Land Use Plan. The Project is located entirely on private
property and would not inhibit coastal views from the road since the proposed
development would be constructed on the inland side of West Coast Highway. The
building would be three (3) stories (35 feet) high. The building architecture is designed
to provide an attractive appearance that is compatible with the surrounding area with
high quality materials, neutral colors, and architectural treatments to prevent building
monotony. 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.
3. The Property is located in Mariners' Mile corridor area and is not located between the
nearest public road and the sea. Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) of the NBMC, requires that the provision of public access
bear a reasonable relationship between the requirement and the Project's impact and
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be proportional to the impact. In this case, the Project involves the demolition of an
existing Marine Sales use the construction of a new mixed-use project. Although the
Project involves a change in intensity from the existing condition, mixed-use projects are
an intended and allowed use for the Property and the development complies with all
other applicable development standards including required parking as supported in the
findings set forth in Section 5. The Project is not anticipated to result in a significantly
increased demand on public access and recreation opportunities. The Property is
located on the inland side of West Coast Highway approximately 300 feet from Newport
Harbor, and does not provide any public access easements.
Section 4: In accordance with Subsection (F) of Section 20.52.080 (Site
Development Reviews) of the NBMC, the following findings and facts in support of Site
Development Review No. SD2019-003 are set forth as follows:
Findinq of Consistency with Section 20.52.080(F)(1)
The proposed development is allowed within the subject zoning district.
Facts in Support of Finding of Consistency with Section 20.52.080(F)(1)
The Property is zoned MU -MM (Mixed -Use Mariners' Mile), which allows properties
fronting on Coast Highway to be developed for nonresidential uses only. Properties to
the rear of the commercial frontage may be developed with freestanding nonresidential
uses, multi -unit residential dwelling units, or mixed-use structures that integrate
residential above the ground floor with nonresidential uses on the ground floor.
Notwithstanding the incentive and waiver requested through the allowed density bonus,
the Project complies with the applicable standards of the Zoning Code.
Findinq of Consistency with Section 20.52.080(F)(2)
The proposed development is in compliance with all of the following applicable criteria:
i. Compliance with this section, the General Plan, this Zoning Code, any applicable
specific plan, and other applicable criteria and policies related to the use or
structure;
ii. The efficient arrangement of structures on the site and the harmonious relationship
of the structures to one another and to other adjacent developments; and whether
the relationship is based on standards of good design;
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iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on
the site and adjacent developments and public areas;
iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including
drive aisles, driveways, and parking and loading spaces;
v. The adequacy and efficiency of landscaping and open space areas and the use of
water efficient plant and irrigation materials; and
vi. The protection of significant views from public right(s)-of-way and compliance with
NBMC Section 20.30. 100 (Public View Protection).
Facts in Support of Finding of Consistency with Section 20 52 080(F)(2)
1. All Facts in Support of Coastal Development Permit findings are hereby incorporated
by reference.
2. The General Plan Land Use Element designates the site as MU -H1 (Mixed -Use
Horizontal), which provides for a horizontal intermixing of uses. For properties located
on the inland side of Coast Highway in the Mariners' Mile Corridor, where the Property
is located, the General Plan contemplates marine -related and highway -oriented
general commercial uses such as retail, office and food and drinking
establishments. Portions of properties to the rear of the Coast Highway frontage may
be developed with free-standing neighborhood -serving retail, multi -family residential
units, or mixed-use buildings that integrate residential with retail uses on the ground
floor. The Project would be consistent with the General Plan designation of MU -H1
Mixed -Use Horizontal) by developing an office along Coast Highway and a multi-
family residential building to the rear of the commercial frontage.
Additionally, the Project would be consistent with the General Plan's density
limitations, which is 20.1-26.7 units per acre for the multi -family building. Additional
density has been requested under the State's density bonus law, as well as an
incentive request to reduce the minimum 0.25 floor area ratio (FAR) for nonresidential
development. The 5,096 square foot office space would result in a FAR of 11.9%.
3. Land Use Policies
Policy LU2.1 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
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that are in balance with _community natural resources and open
spaces.
Policy LU2.2 Sustainable and Complete Community. Emphasize the
development of uses that enable Newport Beach to continue as
a self-sustaining community and minimize the need for residents
to travel outside of the community for retail, goods and services,
and employment.
Policy LU 2.8 Adequate Infrastructure. Accommodate the types, densities,
and mix of land uses that can be adequately supported by
transportation and utility infrastructure (water, sewer, storm
drainage, energy, and so on) and public services (schools, parks,
libraries, seniors, youth, police, fire, and so on).
Policy LU 3.2 Growth and Change. Enhance existing neighborhoods, districts
and corridors, allowing for re -use and infill with uses that are
complementary in type, form, scale, and character. Changes in
use and/or density/intensity should be considered only in those
areas that are economically underperforming, are necessary to
accommodate Newport Beach's share of projected regional
population growth, improve the relationship and reduce
commuting distance between home and jobs, or enhance the
values that distinguish Newport Beach as a special place to live
for its residents. The scale of growth and new development shall
be coordinated with the provision of adequate infrastructure and
public services, including standards for acceptable traffic level of
service.
Policy LU 4.1 Land Use Diagram. ,Accommodate land use development
consistent with the Land Use Plan. Figure LU1 depicts the
general distribution of uses throughout the City and Figure LU2
through Figure LU15 depict specific use categories for each
parcel within defined Statistical Areas. Table LU1 (Land Use Plan
Categories) specifies the primary land use categories, types of
uses, and, for certain categories, the densities/intensities to be
permitted. The permitted densities/intensities or amount of
development for land use categories for which this is not included
in Table L U 1, are specified on the Land Use Plan, Figure L U4
through Figure LU15. These are intended to convey maximum
and, in some cases, minimums that may be permitted on any
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parcel within the designation or as otherwise specified by Table
LU2 (Anomaly Locations).
Goal LU 5.1 Residential neighborhoods that are well-planned and designed
contribute to the livability and quality of life of residents, respect
the natural environmental setting, and sustain the qualities of
place that differentiate Newport Beach as a special place in the
Southern California region.
Policy LU 6.19.4 Inland side of Coast Highway [designated as "MU -1-11,"
CG(0. 3)," and "CG(0.5)" Sub -Areas B and C]. Accommodate
a mix of visitor- and local -serving retail commercial, residential,
and public uses. The Coast Highway frontage shall be limited to
nonresidential uses. On inland parcels, generally between
Riverside Avenue and Tustin Avenue, priority should be placed
on accommodating uses that serve upland residential
neighborhoods such as grocery stores, specialty retail, small
service office, restaurants, coffee shops, and similar uses.
The Project is mixed-use that would include an office along Coast Highway, with a 36
unit affordable multi -family residential building to the rear of the site. The intent of the
Project is to add new commercial office and housing to an underutilized site to serve
the needs of the community. The mixed-use concept would foster a self-sustaining
community and the proposed uses would complement the existing type and character
of nearby development, which includes a variety of commercial and residential
development. The Project features a well-planned layout and high-quality design that
would contribute to the livability and quality of life of residents. There is capacity in the
sewer and water facilities, circulation, and other public services and facilities to provide
an adequate level of service to the proposed development. The Project represents
infill development that can be served by the existing infrastructure.
Additionally, the Property is located within the MU -H1 (Mixed -Use Horizontal)
designation, which is intended to accommodate a mix of visitor- and local -serving
retail, office, commercial, residential, and public uses. The mix of proposed uses
would be consistent with this designation.
4. Project Design Policies
Policy LU 5.1.9 Character and Quality of Multi -Family Residential. Require
that multi -family dwellings be designed to convey a high quality
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architectural character in accordance with the following
principles:
Building Elevations:
o Treatment of the elevations of buildings facing public
streets and pedestrian ways as the principal fagades with
respect to architectural treatment to achieve the highest
level of urban design and neighborhood quality.
o Architectural treatment of building elevations and
modulation of mass to convey the character of separate
living units or clusters of living units, avoiding the
appearance of a singular building volume.
o Provide street- and path -facing elevations with high-quality
doors, windows, moldings, metalwork, and finishes.
Ground Floor Treatment:
o Where multi -family residential is developed on large
parcels such as the Airport Area and West Newport Mesa:
Set ground -floor residential uses back from the
sidewalk or from the right-of-way, whichever yields the
greater setback to provide privacy and a sense of
security and to leave room for stoops, porches and
landscaping.
Raise ground -floor residential uses above the sidewalk
for privacy and security but not so much that
pedestrians' face blank walls or look into utility or
parking spaces.
Encourage stoops and porches for ground -floor
residential units facing public streets and pedestrian
ways.
o Where multi -family residential is developed on small
parcels, such as the Balboa Peninsula, the unit may be
located directly along the sidewalk frontage and entries
should be setback or elevated to ensure adequate
security.
Roof Design:
o Modulate roof profiles to reduce the apparent scale of
large structures and to provide visual interest and variety.
Parking:
o Design covered and enclosed parking areas to be integral
with the architecture of the residential units' architecture.
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Open Space and Amenity:
o Incorporate usable and functional private open space for
each unit.
Policy 5.2.1 Architecture and Site Design. Require that new development
within existing commercial districts and corridors complement
existing uses and exhibit a high level of architectural and site
design in consideration of the following principals:
Seamless connections and transitions with existing buildings,
except where developed as a free-standing building;
Modulation of building masses, elevations and rooflines to
promote visual interest;
Architectural treatment of all building elevations, including
ancillary facilities such as storage, truck loading and
unloading, and trash enclosures;
Treatment of the ground floor of buildings to promote
pedestrian activity by avoiding long continuous blank walls,
incorporating extensive glazing for transparency, and
modulating and articulating elevations to promote visual
interest;
Clear identification of storefront entries;
Incorporation of signage that is integrated with the buildings'
architectural character;
Architectural treatment of parking structures consistent with
commercial buildings, including the incorporation of retail in
the ground floors where the parking structure faces a public
street or pedestrian way,
Extensive on-site landscaping, including mature vegetation to
provide a tree canopy to provide shade for customers;
Incorporation of plazas and expanded sidewalks to
accommodate pedestrian, outdoor dining, and other activities,
Clearly delineated pedestrian connections between business
areas, parking, and to adjoining neighborhoods and districts
paving treatment, landscape, wayfinding signage, and so
on); and
Integration of building design and site planning elements that
reduce the consumption of water, energy, and other
renewable resources.
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The Project includes a 5,096 square -foot office, 36 multi -family residential units, 69
at -grade parking spaces, 4,086 square feet of landscaping, and a 3,897 square -foot
second floor deck for outdoor recreation. The office would front Coast Highway and
would include a pitched roof. The residential portion of the building would be
developed behind the office and would feature a flat roof design.
The buildings would be constructed with high quality wood, glass, and metal siding to
integrate the design of the buildings with adjacent uses and the natural environment.
The parking areas would be easily accessible and would accommodate resident,
customer and employee parking needs. There would be two access points: one off of
Coast Highway and one off of Avon Street to access a shared parking lot for the
Project. The driveways would stay within the prolongation of the Property lines and a
dedication would be provided to meet City driveway standards. Pedestrian
connections would be provided along Coast Highway and throughout the Property.
Landscaping would be strategically incorporated to provide varied and high-quality
views of the fagades, with three trees along Coast Highway to be provided. The
residential building would feature a common deck area along both sides of the building
with additional landscaping.
5. Neighborhood Compatibility Policies
Policy LU 5.2.1 Architecture and Site Design. Require that new development
within existing commercial districts centers and corridors
complement existing uses and exhibit a high level of architectural
and site design in consideration of the following principles:
Seamless connections and transitions with existing buildings,
except where developed as a free-standing building;
Modulation of building masses, elevations, and rooflines to
promote visual interest;
Architectural treatment of all building elevations, including
ancillary facilities such as storage, truck loading and
unloading, and trash enclosures;
Treatment of the ground floor of buildings to promote
pedestrian activity by avoiding long, continuous blank walls,
incorporating extensive glazing for transparency, and
modulating and articulating elevations to promote visual
interest;
Clear identification of storefront entries;
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Incorporation of signage that is integrated with the buildings'
architectural character;
Architectural treatment of parking structures consistent with
commercial buildings, including the incorporation of retail in
the ground floors where the parking structure faces a public
street or pedestrian way;
Extensive on-site landscaping, including mature vegetation to
provide a tree canopy to provide shade for customers;
Incorporation of plazas and expanded sidewalks to
accommodate pedestrian, outdoor dining, and other activities.,-
Clearly
ctivities;
Clearly delineated pedestrian connections between business
areas, parking, and to adjoining neighborhoods and districts
paving treatment, landscape, wayfinding signage, and so
on); and
Integration of building design and site planning elements that
reduce the consumption of water, energy, and other
nonrenewable resources.
Policy LU 5.2.2 Buffering Residential Areas. Require that commercial uses
adjoining residential neighborhoods be designed to be
compatible and minimize impacts through such techniques as:
Incorporation of landscape, decorative walls, enclosed trash
containers, downward focused lighting fixtures, and/or
comparable buffering elements;
Attractive architectural treatment of elevations facing the
residential neighborhood;
Location of automobile and truck access to prevent impacts
on neighborhood traffic and privacy.
Policy LU 5.3.5 Pedestrian -Oriented Architecture and Streetscapes. Require
that buildings located in pedestrian -oriented commercial and
mixed-use districts (other than the Newport Center and Airport
Area, which are guided by Goals 6.14 and 6.15, respectively,
specific to those areas) be designed to define the public realm,
activate sidewalks and pedestrian paths, and provide "eyes on
the street" in accordance with the following principles:
Location of buildings along the street frontage sidewalk, to
visually form a continuous or semi -continuous wall with
buildings on adjacent parcels;
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Inclusion of retail uses characterized by a high level of
customer activity on the ground floor; to ensure successful
retail -type operations, provide for transparency, elevation of
the first floor at or transitioning to the sidewalk, floor -to -floor
height, depth, deliveries, and trash storage and collection;
Articulation and modulation of street -facing elevations to
promote interest and character,
Inclusion of outdoor seating or other amenities that extend
interior uses to the sidewalk, where feasible;
Minimization of driveways that interrupt the continuity of street
facing building elevations, prioritizing their location to side
streets and alleys where feasible.
Policy LU 6.16.5 Compatibility of Business Operations with Adjoining
Residential Neighborhoods. Work with local businesses to
ensure that retail, office, and other uses do not adversely impact
adjoining residential neighborhoods. This may include strategies
addressing hours of operation, employee loitering, trash pickup,
truck delivery hours, customer arrivals and departures, and other
activities.
Policy LU 5.3.6 Parking Adequacy and Location. Require that adequate
parking be provided and is conveniently located to serve tenants
and customers. Set open parking lots back from public streets
and pedestrian ways and screen with buildings, architectural
walls, or dense landscaping.
Policy LU6.16.6 Design Compatibility with Adjoining Residential
Neighborhoods. Require that building elevations facing
adjoining residential units be designed to convey a high-quality
character and ensure privacy of the residents, and that properties
be developed to mitigate to the maximum extend feasible impacts
of lighting, noise, odor, trash storage, truck deliveries, and other
business related activities. Building elevations shall be
architecturally treated and walls, if used as buffers, shall be well-
designed and landscaped to reflect the areas residential village
character.
The Project incorporates a variety of features to ensure neighborhood compatibility,
including a parking garage within the footprint of the building to minimize noise.
Landscaping and green screens would also be provided between adjacent uses to
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minimize noise. Pedestrian connections would be incorporated throughout the site
and would connect to sidewalks along Coast Highway.
The design of the Project would be high-quality and would be compatible with adjacent
uses with respect to building elevations. The architectural details would provide
modulation of building masses, elevations, and rooflines to promote visual interest.
The buildings would be three stories in height, which is compatible with surrounding
buildings that are generally two stories in height.
Adequate setbacks are incorporated into the Project design to ensure that the Project
would be compatible with the adjoining uses. Parking would be sufficient to
accommodate projected demand and would be located on the ground level beneath
the residential building in a convenient location for residents, visitors, customers, and
employees.
6. Mariners' Mile Strategic Vision and Design Framework
The Project is compliant with the Mariners' Mile Strategic Vision and Design
Framework. The office portion of the Project is consistent with the uses envisioned
along this inland area of Mariners' Mile. The Projects color scheme utilizes a neutral
white color with contrasting dark wood, bronze and tan trim elements consistent with
the Mariners' Mile color palate. The architecture respects views from above by
providing both flat and pitched rooflines that are free of mechanical equipment or
vertical intrusions such as elevator overruns. The Project's landscaping preserves
provides Palms along West Coast Highway consistent with the Mariners' Mile Coast
Highway edge landscaping framework. Additional landscape features include linear
concrete paver driveways, vine covered walls (green screen) and trees flanking the
Avon Street access driveway approach.
Finding of Consistency with Section 20.52.080(F)(3)
The proposed development is not detrimental to the harmonious and orderly growth of
the City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of person residing or working in
the neighborhood of the proposed development.
Facts in Support of Finding of Consistency with Section 20 52 080(F)(3)
1. The Project has been designed to ensure that potential conflicts with surrounding land
uses are minimized to the extent possible to maintain a healthy environment for both
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businesses and residents by providing an architecturally pleasing Project with
articulation and building modulations to enhance the urban environment.
2. The proposed building has been designed to accommodate and provide safe access
for emergency vehicles, delivery trucks, and refuse collections vehicles, as
determined by the City Traffic Engineer.
3. The Project does not involve the use or manufacture of any hazardous substances
that could impact nearby development.
4. The new construction complies with all Building, Public Works, Fire Codes, City
ordinances, and all conditions of approval.
Section 5: In accordance with Section 19.12.070 (Required Findings for Action
on Tentative Maps (66412.3, 66473 et seq.)), the following findings and facts in support
of Tentative Parcel Map No. NP2020-013 are set forth as follows:
Finding of Consistency with Section 19. 12.070(A)(1)
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 of Consistency with Section 19 12 070(A)(1)
1. All Facts in Support of Site Development Review findings in support of consistency
with Sections 20.52.080(F)(1) and 20.52.080(F)(2) are hereby incorporated by
reference.
2. The Project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters on West Coast Highway and Avon
Street as necessary.
Finding of Consistency with Section 19.12.070(A)(2)
B. That the site is physically suitable for the type and density of development.
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Facts in Support of Finding of Consistency with Section 19.12.070(A)(2)
The Property is approximately 0.98 acres in size. The Property consists of five contiguous
parcels and is bound by Avon Street to the north, West Coast Highway to the south. The
proposed subdivision consolidates five existing parcels into a single parcel. The proposed
development is consistent with the type and density of development permitted for the site.
Finding of Consistency with Section 19.12.070(A)(3)
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 of Consistency with Section 19 12 070(A)(3)
1. The Property is currently developed and located in an urbanized area and does not
contain any sensitive vegetation or habitat.
2. The Project is exempt from the California Environmental Quality Act ("CEQA") pursuant
to Section 15332 under Class 32 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.
Findinq of Consistency with Section 19. 12.070(A)(4)
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Facts in Support of Finding of Consistency with Section 19 12 070(A)(4)
All Facts in Support of Site Development Review Findings of Consistency with Section
20.52.080(F)(3) are hereby incorporated by reference.
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Finding of Consistency with Section 19.12.070(A)(5)
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 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 of Consistency with Section 19.12.070(A
The City Public Works and Utilities Departments have reviewed the Project to ensure the
proposed subdivision would not conflict with easements acquired by the public at large,
for access through, or use of property within the Project.
Finding of Consistency with Section 19. 12.070(A)(6)
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.
Facts in Support of Finding of Consistency with Section 19.12.070(A)(6)
1. 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.
2. The Property is developed with a commercial use and is located in a Zoning District
that does not permit agricultural development.
Finding of Consistency with Section 19.12.070(A)(7)
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.
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Facts in Support of Finding of Consistency with Section 19 12 070(A)(7)
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
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.
Findinq of Consistency with Section 19.12.070(A)(8)
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.
Facts in Support of Finding of Consistency with Section 19 12 070(A)(8)
The Tentative Parcel Map and any future improvements are subject to the CBC which
requires new construction to meet minimum heating and cooling efficiency standards
depending on location and climate. The Newport Beach Building Division ensures
compliance with the CBC through the plan check and inspection process.
Findinq of Consistency with Section 19.12.070(A)(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.
Facts in Support of Finding of Consistency with Section 19.12.070(A)(9)
1. The Project would add 36 housing units to the City's housing inventory including three
units affordable to Very Low -Income households. The redevelopment of an aging
commercial site with the addition of both market and affordable housing units balances
the City's housing needs while providing an updated commercial space (office) that
would generate employment opportunities in support of the City's fiscal resources.
2. The Property is currently developed and located in an urbanized area and does not
contain any sensitive vegetation or habitat.
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Finding of Consistency with Section 19.12.070(A)(10)
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.
Facts in Support of Finding of Consistency with Section 19.12.070(A)(1 0)
The proposed subdivision would not create waste that would result in a violation of the
existing requirements prescribed by the Regional Water Quality Control Board. A
preliminary WQMP has been reviewed and approved by the City. The WQMP concludes
that implementation of the Project would not result in potentially significant impacts to the
drainage patterns on-site. Project storm water must comply with all applicable MS4
requirements to ensure that impacts to surface and ground water quality do not occur.
Water quality objectives would be achieved through the incorporation of BMPs identified
in the preliminary WQMP during construction and post -project implementation.
Finding of Consistency with Section 19.12.070(A)(11)
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.
Facts in Support of Finding of Consistency with Section 19.12.070(A)(1 1)
All Facts in Support of Coastal Development Permit findings of consistency with Sections
21.52.015(F)(1) and 21.52.015(F)(2) are hereby incorporated by reference.
Section 6: In accordance with Chapter 20.32 (Density Bonus) of the NBMC, the
following findings and facts in support of the AHIP set forth in Exhibit "C," which is
attached hereto and incorporated herein by reference, are set forth as follows:
1. The proposed AHIP is consistent with the intent to implement affordable housing goals
within the City pursuant to Government Code Section 65915-65918 (State Density
Bonus Law), and Title 20 (Planning and Zoning), and Chapter 20.32 (Density Bonus)
of the Newport Beach Municipal Code ("NBMC").
2. The State Density Bonus Law and Chapter 20.32 of the NBMC provide for an increase
in the number of units of up to 35% above the maximum number of units allowed by
the General Plan, for projects that include a minimum of 11 % units affordable to Very
Low Income Households, in the case of the Project would provide three units
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affordable to Very Low Income households, which equates to 11 % of the 26 base
units. At the maximum density bonus of 35%, the Project is eligible for 10 additional
units above the 26 base units allowed by the General Plan for a total of 36 units.
3. With respect to the incentive request, the Applicant requests a reduction of the MU -
MM (Mixed -Use Mariner's Mile) minimum 0.25 floor area ratio ("FAR") for
nonresidential development. The 5,096 square foot office space would result in a FAR
of 11.9%. The proposed FAR reduction would reduce the cost of the nonresidential
development and, in turn, improve the Project's economic viability. Additionally, the
Applicant requests a reduction of the 100 -foot setback for residential units from West
Coast Highway. The setback reduction would permit additional parking to be provided
on site as well as result in articulation of the building mass including setbacks on the
east and west sides. The concession would enable windows to be provided on all
sides of the building providing view opportunities for residential units and in turn
increase their value to offset costs of providing affordable housing.
4. With respect to the development standard waiver request, pursuant to the MU -MM
Mixed -Use Mariner's Mile) zoning standards, building heights are limited to a base
height of 26 feet with flat roofs, but may be increased through a site development
review application and coastal development permit to a height of 35 feet. Government
Code Section 65915(e)(1) provides that a city may not apply a development standard
that would have the effect of physically precluding the construction of the density
bonus units at the density permitted under the density bonus law. In the case of the
Project, a waiver of the 35 -foot height limit development standard to allow a height of
35 feet is requested to accommodate the Project. Notwithstanding the requested
waiver, findings to approve a height increase can be made.
5. As authorized pursuant to Government Code Section 65915-65918 (Density Bonus
Law) and NBMC Chapter 20.32 (Density Bonus), the Project is eligible for parking
requirements calculated in accordance with Government Code Section 65915(p).
Therefore, studio and one -bedroom units are required to provide one onsite parking
space per unit and two-bedroom units are required to provide two onsite parking
spaces.
Section 7: This Project is exempt from CEQA pursuant to Section 15332 under
Class 32 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.
Class 32 exemptions for in -fill development projects are required to meet the following
conditions:
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1. The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation
and regulations.
The General Plan Land Use Element designates the site as MU -H1 (Mixed -Use
Horizontal), which provides for a horizontal intermixing of uses. For properties located
on the inland side of Coast Highway in the Mariners' Mile Corridor, where the Property
is located, the General Plan contemplates marine -related and highway -oriented
general commercial uses. Portions of properties to the rear of the commercial
frontage may be developed with free-standing neighborhood -serving retail, multi-
family residential units, or mixed-use buildings that integrate residential with retail uses
on the ground floor. The Project would be consistent with the General Plan
designation of MU -H1 (Mixed -Use Horizontal) by developing an office along Coast
Highway and a multi -family residential building to the rear of the commercial frontage.
Additionally, the Project would be consistent with the General Plan's density
limitations, which is 20.1-26.7 units per acre for the multi -family building. Additional
density has been requested under the State's density bonus law, as well as an
incentive request to reduce the minimum 0.25 floor area ratio (FAR) for nonresidential
development. The 5,096 square foot office space would result in a FAR of 11.9%.
Land Use Policies
Policy LU2.1 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.
Policy LU2.2 Sustainable and Complete Community. Emphasize the
development of uses that enable Newport Beach to continue as
a self-sustaining community and minimize the need for residents
to travel outside of the community for retail, goods and services,
and employment.
Policy LU 2.8 Adequate Infrastructure. Accommodate the types, densities,
and mix of land uses that can be adequately supported by
transportation and utility infrastructure (water, sewer, storm
drainage, energy, and so on) and public services (schools, parks,
libraries, seniors, youth, police, fire, and so on).
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Policy LU 3.2 Growth and Change. Enhance existing neighborhoods, districts
and corridors, allowing for re -use and infill with uses that are
complementary in type, form, scale, and character. Changes in
use and/or density/intensity should be considered only in those
areas that are economically underperforming, are necessary to
accommodate Newport Beach's share of projected regional
population growth, improve the relationship and reduce
commuting distance between home and jobs, or enhance the
values that distinguish Newport Beach as a special place to live
for its residents. The scale of growth and new development shall
be coordinated with the provision of adequate infrastructure and
public services, including standards for acceptable traffic level of
service.
Policy LU 4.1 Land Use Diagram. Accommodate land use development
consistent with the Land Use Plan. Figure LU1 depicts the
general distribution of uses throughout the City and Figure LU2
through Figure LU15 depict specific use categories for each
parcel within defined Statistical Areas. Table LU1 (Land Use Plan
Categories) specifies the primary land use categories, types of
uses, and, for certain categories, the densities/intensities to be
permitted. The permitted densities/intensities or amount of
development for land use categories for which this is not included
in Table LU1, are specified on the Land Use Plan, Figure LU4
through Figure LU15. These are intended to convey maximum
and, in some cases, minimums that may be permitted on any
parcel within the designation or as otherwise specified by Table
LU2 (Anomaly Locations).
Goal LU 5.1 Residential neighborhoods that are well-planned and designed
contribute to the livability and quality of life of residents, respect
the natural environmental setting, and sustain the qualities of
place that differentiate Newport Beach as a special place in the
Southern California region.
Policy LU 6.19.3 Marine -Related Businesses Protect and encourage facilities
that serve marine -related businesses and industries unless
present and foreseeable future demand for such facilities is
already adequately provided for in the area. Encourage coastal-
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dependent industrial uses to locate or expand within existing sites
and allow reasonable long term growth.
Policy LU 6.19.4 Inland side of Coast Highway [designated as "MU -1-11,"
CG(0.3)," and "CG(0.5)" Sub -Areas Rand C]. Accommodate
a mix of visitor- and local -serving retail commercial, residential,
and public uses. The Coast Highway frontage shall be limited to
nonresidential uses. On inland parcels, generally between
Riverside Avenue and Tustin Avenue, priority should be placed
on accommodating uses that serve upland residential
neighborhoods such as grocery stores, specialty retail, small
service office.
Policy LU 6.19.6 Corridor Identity and Quality Implement landscape, signage,
lighting, sidewalk, pedestrian crossing, and other amenities
consistent with the Mariners' Mile Specific Plan District and
Mariners' Mile Strategic Vision and Design Plan. (Imp 20.1)
restaurants, coffee shops, and similar uses.
The Project is a mixed-use that would include a 5,096 square foot office along Coast
Highway, with a 36 unit affordable multi -family residential building to the rear of the site.
The previous marine sale use did not have direct access to sea and was not dependent
on its location to function. There are at least 12 marine related businesses in the area
including boat dealers, boat rentals and sailing and seamanship schools to serve current
and foreseeable demand. The intent of the Project is to add new office and housing to an
underutilized site to serve the needs of the community. The mixed-use concept would
foster a self-sustaining community and the proposed uses would complement the existing
type and character of nearby development, which includes a variety of commercial and
residential development. The Project features a well-planned layout and high-quality
design that would contribute to the livability and quality of life of residents. There is
capacity in the sewer and water facilities, circulation, and other public services and
facilities to provide an adequate level of service to the proposed development. The Project
represents infill development that can be served by the existing infrastructure.
The Property is located within the MU -H1 (Mixed -Use Horizontal) designation, which is
intended to accommodate a mix of visitor- and local -serving retail commercial, residential,
and public uses. The mix of proposed uses would be consistent with this designation.
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Project Design Policies
Policy LU 5.1.9 Character and Quality of Multi -Family Residential. Require
that multi -family dwellings be designed to convey a high-quality
architectural character in accordance with the following
principles:
Building Elevations:
o Treatment of the elevations of buildings facing public
streets and pedestrian ways as the principal fagades with
respect to architectural treatment to achieve the highest
level of urban design and neighborhood quality.
o Architectural treatment of building elevations and
modulation of mass to convey the character of separate
living units or clusters of living units, avoiding the
appearance of a singular building volume.
o Provide street- and path -facing elevations with high-quality
doors, windows, moldings, metalwork, and finishes.
Ground Floor Treatment.
o Where multi -family residential is developed on large
parcels such as the Airport Area and West Newport Mesa:
Set ground -floor residential uses back from the
sidewalk or from the right-of-way, whichever yields the
greater setback to provide privacy and a sense of
security and to leave room for stoops, porches and
landscaping.
Raise ground -floor residential uses above the sidewalk
for privacy and security but not so much that
pedestrians face blank walls or look into utility or
parking spaces.
Encourage stoops and porches for ground -floor
residential units facing public streets and pedestrian
ways.
o Where multi -family residential is developed on small
parcels, such as the Balboa Peninsula, the unit may be
located directly along the sidewalk frontage and entries
should be setback or elevated to ensure adequate
security.
Roof Design:
o Modulate roof profiles to reduce the apparent scale of
large structures and to provide visual interest and variety.
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Parking:
o Design covered and enclosed parking areas to be integral
with the architecture of the residential units' architecture.
Open Space and Amenity:
o Incorporate usable and functional private open space for
each unit.
Policy 5.2.1 Architecture and Site Design. Require that new development
within existing commercial districts and corridors complement
existing uses and exhibit a high level of architectural and site
design in consideration of the following principals:
Seamless connections and transitions with existing buildings,
except where developed as a free-standing building;
modulation of building masses, elevations and rooflines to
promote visual interest;
architectural treatment of all building elevations, including
ancillary facilities such as storage, truck loading and
unloading, and trash enclosures,
treatment of the ground floor of buildings to promote
pedestrian activity by avoiding long continuous blank walls,
incorporating extensive glazing for transparency, and
modulating and articulating elevations to promote visual
interest;
clear identification of storefront entries;
incorporation of signage that is integrated with the buildings'
architectural character;
architectural treatment of parking structures consistent with
commercial buildings, including the incorporation of retail in
the ground floors where the parking structure faces a public
street or pedestrian way;
extensive on-site landscaping, including mature vegetation to
provide a tree canopy to provide shade for customers;
incorporation of plazas and expanded sidewalks to
accommodate pedestrian, outdoor dining, and other activities,-
clearly
ctivities,
clearly delineated pedestrian connections between business
areas, parking, and to adjoining neighborhoods and districts
paving treatment, landscape, wayfinding signage, and so
on); and
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integration of building design and site planning elements that
reduce the consumption of water, energy, and other
renewable resources.
The Project includes a 5,096 square -foot office 36 multi -family residential units, 65 at -
grade parking spaces, 4,085 square feet of landscaping, and a 3,897 square -foot second
story deck for outdoor recreation. The office would front Coast Highway and would include
a pitched roof. The residential building would be developed behind the office and would
feature a flat roof design.
The buildings would be constructed with high quality wood, glass, and metal siding to
integrate the design of the buildings with adjacent uses and the natural environment. The
parking areas would be easily accessible and would accommodate resident, customer
and employee parking needs. There would be two access points: one off Coast Highway
and one off Avon Street to access the shared parking lot for the Project. The driveways
would stay within the prolongation of the Property lines and a dedication would be
provided to meet City driveway standards. Pedestrian connections would be provided
along Coast Highway and throughout the site.
Landscaping would be strategically incorporated to provide varied and high-quality views
of the fagades, with three trees along Coast Highway to be provided. The residential
building would feature a common deck area along both sides of the building with
additional landscaping.
Neighborhood Compatibility Policies
Policy LU 5.2.1 Architecture and Site Design. Require that new development
within existing commercial districts centers and corridors
complement existing uses and exhibit a high level of architectural
and site design in consideration of the following principles:
Seamless connections and transitions with existing buildings,
except where developed as a free-standing building;
Modulation of building masses, elevations, and rooflines to
promote visual interest;
Architectural treatment of all building elevations, including
ancillary facilities such as storage, truck loading and
unloading, and trash enclosures;
Treatment of the ground floor of buildings to promote
pedestrian activity by avoiding long, continuous blank walls,
incorporating extensive glazing for transparency, and
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modulating and articulating elevations to promote visual
interest;
Clear identification of storefront entries;
Incorporation of signage that is integrated with the buildings'
architectural character;
Architectural treatment of parking structures consistent with
commercial buildings, including the incorporation of retail in
the ground floors where the parking structure faces a public
street or pedestrian way;
Extensive on-site landscaping, including mature vegetation to
provide a tree canopy to provide shade for customers
Incorporation of plazas and expanded sidewalks to
accommodate pedestrian, outdoor dining, and other activities;
Clearly delineated pedestrian connections between business
areas, parking, and to adjoining neighborhoods and districts
paving treatment, landscape, wayfinding signage, and so
on); and
Integration of building design and site planning elements that
reduce the consumption of water, energy, and other
nonrenewable resources.
Policy LU 5.2.2 Buffering Residential Areas. Require that commercial uses
adjoining residential neighborhoods be designed to be
compatible and minimize impacts through such techniques as:
Incorporation of landscape, decorative walls, enclosed trash
containers, downward focused lighting fixtures, and/or
comparable buffering elements,
Attractive architectural treatment of elevations facing the
residential neighborhood; and
Location of automobile and truck access to prevent impacts
on neighborhood traffic and privacy.
Policy LU 5. 3.5 Pedestrian -Oriented Architecture and Streetscapes. Require
that buildings located in pedestrian -oriented commercial and
mixed-use districts (other than the Newport Center and Airport
Area, which are guided by Goals 6.14 and 6. 15, respectively,
specific to those areas) be designed to define the public realm,
activate sidewalks and pedestrian paths, and provide "eyes on
the street" in accordance with the following principles:
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Location of buildings along the street frontage sidewalk, to
visually form a continuous or semi -continuous wall with
buildings on adjacent parcels;
Inclusion of retail uses characterized by a high level of
customer activity on the ground floor; to ensure successful
retail -type operations, provide for transparency, elevation of
the first floor at or transitioning to the sidewalk, floor -to -floor
height, depth, deliveries, and trash storage and collection;
Articulation and modulation of street -facing elevations to
promote interest and character,
Inclusion of outdoor seating or other amenities that extend
interior uses to the sidewalk, where feasible; and
Minimization of driveways that interrupt the continuity of street
facing building elevations, prioritizing their location to side
streets and alleys where feasible.
Policy LU 6.16.5 Compatibility of Business Operations with Adjoining
Residential Neighborhoods. Work with local businesses to
ensure that retail, office, and other uses do not adversely impact
adjoining residential neighborhoods. This may include strategies
addressing hours of operation, employee loitering, trash pickup,
truck delivery hours, customer arrivals and departures, and other
activities.
Policy LU 5.3.6 Parking Adequacy and Location. Require that adequate
parking be provided and is conveniently located to serve tenants
and customers. Set open parking lots back from public streets
and pedestrian ways and screen with buildings, architectural
walls, or dense landscaping.
Policy LU6.16.6 Design Compatibility with Adjoining Residential
Neighborhoods. Require that building elevations facing
adjoining residential units be designed to convey a high-quality
character and ensure privacy of the residents, and that properties
be developed to mitigate to the maximum extend feasible impacts
of lighting, noise, odor, trash storage, truck deliveries, and other
business related activities. Building elevations shall be
architecturally treated and walls, if used as buffers, shall be well-
designed and landscaped to reflect the areas residential village
character.
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The Project incorporates a variety of features to ensure neighborhood compatibility,
including a parking garage within the footprint of the building to minimize noise.
Landscaping and green screens would also be provided between adjacent uses to
minimize noise. Pedestrian connections would be incorporated throughout the site and
would connect to sidewalks along Coast Highway.
The design of the Project would be high-quality and would be compatible with adjacent
uses with respect to building elevations. The architectural details would provide
modulation of building masses, elevations, and rooflines to promote visual interest. The
buildings would be three stories in height, which is compatible with surrounding buildings
that are generally two stories in height.
Adequate setbacks are incorporated into the Project design to ensure that the Project
would be compatible with the adjoining uses. Parking would be sufficient to accommodate
projected demand and would be located on the ground level beneath the residential
building in a convenient location for residents, visitors, customers, and employees.
2. The proposed development occurs within city limits on a project site of no more
than five acres substantially surrounded by urban uses.
The Project site is within the Newport Beach city limits, and consists of 42,821 square
feet, or 0. 98 acres. The site is surrounded by urban uses, including commercial uses
south, east and west of the site and commercial and single-family residential uses north
of the site.
3. The project site has no value, as habitat for endangered, rare or threatened
species.
The Property has no native vegetation and/or habitat. It is currently a commercial Marine
Sales facility that is entirely paved, with the exception of minor non-native decorative
vegetation. There is no potential for special -status plants or animals to exist on the
Property. The Project would not encroach into any jurisdictional waters or areas that
support native and/or sensitive habitat. The Property does not contain any wetland area.
There would be no significant direct or indirect impacts to wetland ESHA associated with
the Project. For these reasons, the Project site has no value as habitat for endangered,
rare or threatened species. Given the urban character of the surrounding area, no
significant impacts to biological resources would occur.
4. Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
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The Project provides adequate parking capacity to support the proposed type and
intensity of uses. Chapter 20. 40 of the NBMC (Off -Street Parking) requires off-street
parking in the amount of 21 spaces for the office use. Government Code Section 65915
State density bonus law) requires a total of 39 spaces. The Project would provide a total
of 44 residential parking spaces, and 21 spaces for the office use which results in a five
space surplus above the minimum parking requirements.
A Noise Impact Analysis provided as Exhibit "D," which is attached hereto and
incorporated by reference was prepared for the Project on July 28, 2020, consistent with
applicable City of Newport Beach noise standards and the CEQA Guidelines. It
concluded that the Project would not create any sources of noise that would exceed
thresholds. The primary source of traffic noise for the future onsite residents would be
Coast Highway. Noise levels are not expected to exceed 64 dBA CNEL at the building
fagade, which is less than the City's 65 dBA CNEL exterior noise compatibility criteria for
residential mixed-use. A letter dated June 14, 2021 from Bill Lawson, P. E.,INCE, who
prepared the July 28, 2020 Noise Impact Analysis indicated Urban Crossroads reviewed
the Project revisions and found the proposed changes would not generate any additional
impacts beyond what was previously considered.
Project -related stationary -source noise levels would result from air conditioning units, the
trash enclosure, roof deck activities and vehicle movements. The closest sensitive
receptor to the site is an existing outdoor play area approximately 23 feet east of the site.
Stationary -source noise levels would be below applicable standards of 55 dBA Leq during
daytime hours and 50 dBA Leq during nighttime hours at all nearby sensitive receptor
locations.
During construction, the Project would generate noise and vibration. For construction
noise, the Noise Impact Analysis uses a threshold of 85 dBA Leq since the City does not
have a construction noise threshold. With the planned 8 to 16 -foot high temporary noise
barrier during demolition, site preparation and grading, the Project's construction noise
would be below 74 dBA Leq and would not expose sensitive receptors to construction
noise levels in excess of standards. Likewise, the highest vibration levels of 75.6 VdB at
the nearest sensitive receptor location would not exceed the vibration threshold of 78
Vd B.
An Air Quality and Greenhouse Gas Assessment was prepared for the Project, dated
June 10, 2020, provided as Exhibit "E," which is attached hereto as and incorporated by
reference. Neither short-term nor long-term air pollutant emissions generated by the
Project would exceed significance thresholds established by the South Coast Air Quality
Management District ("SCAQMD") as shown in Table 1 and 2 below. Localized air
emissions would similarly not exceed applicable thresholds. No sensitive receptor would
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be exposed to emissions in excess of standards during construction or operation. The
Assessment concluded that the Project would not produce the volume of traffic required
to generate a CO "hot spot" and would not have the potential to generate any
objectionable odors. Additionally, the Project would be consistent with all policies of the
Air Quality Management Plan. The Project's greenhouse gas emissions estimate of
718.74 metric tons of carbon dioxide equivalent ("MTCO2e") per year would not exceed
the screening threshold of 3,000 MTCO2e per year applicable SCAQMD threshold for
greenhouse gas emissions. Therefore, approval of the Project would not result in any
significant effects relating to air quality or greenhouse gas emissions. A letter dated June
141 2021 from Bill Lawson, P.E.,INCE, with Urban Crossroads, the firm that prepared the
July 10, 2020 Air Quality and Greenhouse Gas Assessment, attached hereto as Exhibit
F" and incorporated herein by reference, indicated Urban Crossroads reviewed the
project revisions and found the proposed changes would not generate any additional
impacts beyond what was previously considered.
TABLE 1: PROJECT CONSTRUCTION EMISSIONS AND REGIONAL THRESHOLDS (WITHOUT MITIGATION)
Emissions
lbs/day)
OC NOX CO SOX PM10 PM2.5
Maximum Daily Emissions 64.06 17.08 8.50 0.03 1.65 0.89
SCAQMD Regional Threshold 75 100 550 150 150 55
Threshold Exceeded? I NO j NO I NO I NO NCI I NOl
lbs/day = Pounds Per Day
TABLE 2: PROJECT OPERATIONAL EMISSIONS AND REGIONAL THRESHOLDS - WITHOUT MITIGATION
Emissions (lbs/day)
OC, NOX O SOX PM10 PM2.5
Summer Scenario
Area Source 10.25 0.76 20.69 0.05 2.69 2.69
Energy Source 0.02 0.17 0.08 0.00 0.01 0.01
Mobile 1.41 2.91 12.18 0.03 3.27 0.90
Total Maximum Daily Emissions 11.67 3.84 32.95 0.08 5.98 3.60
SCAQMD Regional Threshold 55 55 550 150 150 55
Threshold Exceeded? NO NO NO NO NO NO
Winter Scenario
Area Source 10. 25 0.76 20.69 0.05 2.69 2.69
Energy Source 0.02 0.17 0.08 0.00 0.01 0.01
Mobile 1.47 3.02 11.85 0.03 3.27 0.90
Total Maximum Daily Emissions 11.74 3.94 32.63 0.08 5.98 3.60
SCAQMD Regional Threshold 55 55 550 150 150 55
Threshold Exceeded? NO NO NO NO NO NO
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A preliminary WQMP has been reviewed and approved by the City. The WQMP
concludes that implementation of the Project would not result in potentially significant
impacts to the drainage patterns on-site. Project storm water must comply with all
applicable MS4 requirements to ensure that impacts to surface and ground water quality
do not occur. Water quality objectives would be achieved through the incorporation of
BMPs identified in the preliminary WQMP during construction and post -project
implementation.
The new drainage pattern would match the existing drainage pattern, which drains
southerly toward Coast Highway. The flow would be collected into the cross gutter and
directed toward a new stormwater treatment system. The Project would be designed to
minimize impervious areas by meeting, but not exceeding, minimum allowable driveway
requirements. It would disconnect the impervious areas by directing runoff to landscaping.
It would also involve plantings in disturbed areas with native and drought tolerant plants
and trees. Approval of the Project would not result in any significant effect related to water
quality or drainage.
5. The site can be adequately served by all required utilities and public services.
All required utilities, including sewer, water, energy, etc., exist within the Project site.
Private sewer and water lines would be located within an easement along the central
portion of the site and connect to City sewer and water lines along Coast Highway. The
southern portion of the site provides drainage and utility access via several easements
and the Project would maintain access to these easements and utilities. No backbone
facilities (i.e., master -planned roads and/or utilities) would be required to accommodate
the Project. The nearest fire station is approximately one mile from the Project site at 32nd
Street and Via Oporto. All of the public services, including police and fire protection,
schools and parks and recreation, are adequate to accommodate the Project. Thus, the
site can be adequately served by all required utilities and public services.
Additionally, CEQA Class 32 consists of projects characterized as in -fill development
meeting the conditions described above. The Project consists of 36 multi -family
residential units and an office. It is consistent with the City's General Plan land use and
zoning designations. There is no reasonable probability that the Project would have a
significant effect on the environment due to unusual circumstances, nor would the Project
result in any short-term or long-term environmental impacts that were not previously
considered in the General Plan and General Plan EIR. As described above,
implementation of the Project would not result in any adverse effects on sensitive
biological resources, traffic, air quality, noise or water quality. Therefore, the Project
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meets all of the conditions described above for in -fill development and qualifies for a Class
32 exemption.
Section 8: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 9: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 10: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 27th day of July, 2021.
ATTEST:
oX
Leilani I. Browns;
City Clerk
APPROVED AS TO FORM: RNP'
CITY TTORNEY'S OFFICE
C. v."-
Aaron C. Harp
City Attorney
Attachment(s): Exhibit A — Legal Description
Exhibit B — Conditions of Approval
Exhibit C —Affordable Housing Implementation Plan
Exhibit D — Noise Impact Analysis
Exhibit E — Air Quality & Greenhouse Gas Assessment
Exhibit F — June 14, 2021 letter from Urban Crossroads, Inc.
96
EXHIBIT "A"
Legal Description
PARCEL A:
PARCELS 1, 2 & 3, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA AS SHOWN ON A PARCEL MAP FILED IN BOOK 85, PAGES 30 & 31
OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
THAT PORTION OF LOT A, OF TRACT NO. 919, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN IN BOOK 29, PAGES 31
TO 34, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE
SOUTHEASTERLY LINE OF TRACT NO.1133, SEAVIEW HEIGHTS, AS SHOWN ON
MAP RECORDED IN BOOK 36, PAGES 13 AND 14 OF MISCELLANEOUS MAPS IN SAID
OFFICE, WITH THE NORTHEASTERLY LINE OF LOT 19 OF LAST SAID TRACT;
THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF SAID
NORTHEASTERLY LINE SOUTH 610,00'30" EAST 57.10 FEET TO A POINT IN THE
SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF THAT
CERTAIN LAND DESCRIBED IN DEED RECORDED IN BOOK 1396, PAGE 168 OF
OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG SAID SOUTHWESTERLY
PROLONGATION SOUTH 390 WEST, 35.65 FEET TO THE NORTHWESTERLY LINE OF
THE LAND DESCRIBED IN DEED RECORDED IN BOOK 975; PAGE 361 OF OFFICIAL
RECORDS IN SAID OFFICE; TO SAID SOUTHEASTERLY LINE; THENCE ALONG
SOUTHEASTERLY LINE NORTH 39043'30" EAST, 35.65 FEET TO THE POINT OF
BEGINNING.
PARCEL C:
PARCEL 1 OF PARCEL MAP NO. 90-173, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 256,
PAGES 25 & 26 OF PARCEL MAPS, RECORD OF ORANGE COUNTY.
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EXHIBIT "B"
CONDITIONS OF APPROVAL
Planning Division
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 any
of the approved permits.
4. This approval 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 "B" 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, the Applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the
Site Development Review Permit file. The plans shall be identical to those
approved by all City departments for building permit issuance. The approved copy
shall include architectural sheets only and shall be reduced in size to 11 inches by
17 inches. The plans shall accurately depict the elements approved by this Site
Development Review and shall highlight the approved elements such that they are
readily discernible from other elements of the plans.
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. 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
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irrigation systems shall be kept operable, including adjustments, replacements,
repairs, and cleaning as part of regular maintenance.
9. 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.
10. Prior to the issuance of a building permit, the applicant shall prepare photometric
study in conjunction with a final lighting plan for approval by the Planning Division.
The survey shall show that lighting values are "1" or less at all property lines.
11. 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.
12. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 (Community Noise Control) and other applicable noise control
requirements of the Newport Beach Municipal Code. The maximum noise shall be
limited to no more than depicted below for the specified time periods unless the
ambient noise level is higher:
13. 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.
14. Construction activities shall comply with Section 10.28.040 (Loud and
Unreasonable Noise, Construction Activity -Noise Regulations) of the Newport
Beach Municipal Code, which restricts hours of noise -generating construction
activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m.,
Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -
generating construction activities are not allowed on Sundays or Holidays.
15. No outside paging system shall be utilized in conjunction with this establishment.
Between the hours of TOOAM
and 10:OOPM
Between the hours of
10:OOPM and TOOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial propert 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
13. 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.
14. Construction activities shall comply with Section 10.28.040 (Loud and
Unreasonable Noise, Construction Activity -Noise Regulations) of the Newport
Beach Municipal Code, which restricts hours of noise -generating construction
activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m.,
Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -
generating construction activities are not allowed on Sundays or Holidays.
15. No outside paging system shall be utilized in conjunction with this establishment.
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16. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self -latching gate) or otherwise screened from view
of neighboring properties, except when placed for pick-up by refuse collection
agencies. The trash enclosure shall have a decorative solid roof for aesthetic and
screening purposes.
17. Twenty (21) parking spaces shall be signed and reserved for the office use during
business hours.
18. The exterior of the business shall be maintained free of litter and graffiti at all times.
The owner or operator shall provide for daily removal of trash, litter debris and graffiti
from the premises and on all abutting sidewalks within twenty (20) feet of the
premises.
19. The applicant shall ensure that the trash dumpsters and/or receptacles are
maintained to control odors. This may include the provision of either fully self-
contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
necessary by the Planning Division. Cleaning and maintenance of trash dumpsters
shall be done in compliance with the provisions of Title 14, including all future
amendments (including Water Quality related requirements).
20. Deliveries and refuse collection for the facility shall be prohibited between the
hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the
hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless
otherwise approved by the Director of Community Development, and may require
an amendment to this Use Permit.
21. Storage outside of the building in the front or at the rear of the Property shall be
prohibited, with the exception of the required trash container enclosure
22. A designated onsite pet relief area, subject to the review and approval of the Director
of Community Development, shall be provided onsite or dogs shall otherwise be
prohibited to reside onsite through a provision of each tenant's lease agreement.
23. A Special Events Permit is required for any event or promotional activity outside
the normal operational characteristics of the approved use, as conditioned, or that
would attract large crowds, involve the sale of alcoholic beverages, include any
form of on-site media broadcast, or any other activities as specified in the Newport
Beach Municipal Code to require such permits.
24. This approval shall expire and become void unless exercised within twenty-four (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 Newport Beach Municipal Code.
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25. A minimum of three (3) apartments units shall be made affordable to very low-income
households consistent with the Affordable Housing Implementation Plan dated July
14, 2020.
26. Prior to the issuance of a building permit an affordable housing agreement shall be
executed in a recordable form as required by the City Attorney's Office.
27. 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 2510 West
Coast Highway Mixed -Use Project including, but not limited to, Coastal Development
Permit No. CD2019-062, Site Development Review No. SD2019-003, and Tentative
Parcel Map No. NP2020-013 (PA2019-249). 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
28. Fire access shall have an unobstructed vertical clearance of not less than 13 feet
6 inches. California Fire Code Section 503.2.1 Off Street Fire Access shall be
provided on West Coast Highway - a designated safe place for fire department to
stage off the street for medical aids.
29. Group R occupancies shall be equipped throughout with an automatic sprinkler
system in accordance with CFC Section 903.2.8. California Building Code (CBC)
Section 420.5, Newport Beach Fire Department (NBFD) Guideline F.05 and NBFD
Guideline F.03. The fire sprinkler system shall be designed to an Ordinary Hazard
Group II throughout.
30. Fire Alarm Systems and Smoke Alarms shall be installed in Group R-1
occupancies as required in Sections 907.2.8.1 through 907.2.8. 3 CFC Section
907.2.8. The increased distance for fire department access shall require an
automatic fire alarm system designed to the NFPA 72 standard.
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31. All buildings and structures with one or more passenger service elevators shall be
provided with not less than one medical emergency service elevator to all landings
meeting the provisions of Section 3002.4a. California Building Code (CBC) Section
3002.4a.
32. Fire Hydrants are required and shall be provided within 400 feet of all portions of
a building. An approved route around the exterior of the facility or building shall
measure the distances. CFC Section 507.5.1.
33. All new buildings shall have approved radio coverage for emergency responders
within the building based upon the existing coverage levels of the public safety
communication systems of the jurisdiction at the exterior of the building. CFC
Section 510.1. An Emergency Responder Radio Coverage system for a duration
of not less than 24 hours. CFC Section 510.4.2.3.
34. Class I standpipes shall be installed and located as required per Newport Beach
Fire. Department. Standpipes are necessary due to lack of access around the
perimeter of the structure.
35. An approved water supply capable of supplying the required fire flow for fire
protection shall be provided to premises upon which facilities and buildings are
hereafter constructed or moved into or within the jurisdiction. CFC Section 507.1
36. As per Amendment to CFC Section 604.8, provide and install electrical outlets
connected to the emergency generator circuitry system when a generator is
required by Section 604.2 of the CFC in every fire control room and in other areas
as may be designated by the fire code official in the following locations:
a. In the main exit corridor of each, floor adjacent to each exit enclosure.
b. On every level in every stairwell.
C. In each elevator lobby.
d. In public assembly areas larger than 1,500 square feet.
e. In every fire control room.
f. In such other areas as may be designated by the fire code official.
37. Liquid or gas -fueled vehicles, boats or other motor craft shall not be located
indoors except as follows:
a. Batteries are disconnected.
b. Fuel in fuel tanks does not exceed one-quarter tank or 5 gallons (whichever
is least).
C. Fuel tanks and fill openings are closed and sealed to prevent tampering
d. Vehicles, boats or other motor craft equipment are not fueled or defueled
within the building.
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38. Fire lanes shall be identified as per NBFD Guideline C.02 and shown as indicated
on the plans.
39. During construction, an approved water supply for fire protection, either temporary
or permanent, shall be made available as soon as combustible material arrives on
the site. CFC Section 3312.1
40. Construction Access. Either temporary or permanent roads, capable of supporting
vehicle loading under all weather conditions, shall provide vehicle access. Vehicle
access shall be maintained until permanent fire apparatus access roads are
available. NBFD Guideline C.01.
41. The elevator designated the medical emergency elevator shall be equipped with a
key switch to recall the elevator nonstop to the main floor. CBC Section 3002.4.4a
42. Fire Flow needs to be determined as per NBFD Guideline B.01.
43. The Fire Department Connection (FDC) shall be on the address side of the building
and located a minimum of 30 feet from beginning of the radius for the driveway
approach; arranged so they are located immediately adjacent to the approved fire
department access road so that hose lines can be readily and conveniently
attached to the inlets without interference from nearby objects including building,
fence, posts, or other fire department connections. NBFD Guideline F.04.
44. The FDC shall be located no more than 100 feet from a public hydrant. NBFD
Guideline F.04.
45. Fire Pits must be installed as per California Mechanical Code 932.0 and the
manufacturer's specifications.
46. Gates across the fire access or gates blocking pedestrian access must be
equipped with a means for emergency personnel to enter the property via the road.
Newport Beach Fire Department Guideline C.01.
47. Walls separating dwelling units in the same building, walls separating sleeping
units in the same building and walls separating dwelling or sleeping units from
other occupancies contiguous to them in the same building shall, be constructed
as fire partitions in accordance with Section 708. CBC Section 420.2
48. Floor assemblies separating dwelling units in the same building, floor assemblies
separating sleeping units in the same building and floor assemblies separating
dwelling or sleeping units from other occupancies contiguous to them in the same
building shall be constructed as horizontal assemblies in accordance with Section
711. CBC Section 420.3.
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49. The elevator car shall be of such a size and arrangement to accommodate a 24 -
inch by 84 -inch ambulance gurney or stretcher with not less than 5-inchy radius
corners, in the horizontal, open position, shall be provided with a minimum clear
distance between walls or between walls and door excluding return panels not less
than 80 inches by 54 inches, and a minimum distance from wall to return panel not
less than 51 inches with a 42 -inch side slide door. CBC Section 3002.4.3a
50. Emergency responder radio coverage systems shall be provided with standby
power in accordance with Section 604. The standby power supply shall be capable
of operating the emergency responder radio coverage system for a duration of not
less than 24 hours. CFC Section 510.4.2. 3.
51. Dumpsters and containers with an individual capacity of 1.5 cubic yards or more
shall not be stored in buildings or placed within 5 feet of combustible walls,
openings or combustible to roof eave lines. CFC Section 304.3. 3.
52. A two-way communication system complying with Sections 12009.8.1 and
1009.8.2 shall be provided at the landing serving each elevator or bank of elevators
on each accessible floor that is one or more stories above or below the level of exit
discharge. CFC Section 1009.8.
53. Standpipes shall be provided in the parking structure due to the increased distance
of fire department access.
Building Division
54. 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.
55. 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.
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Sweep or wash any site access points within two hours of any visible dirt
deposits on any public roadway.
Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
Require 90 -day low-NOx tune-ups for off road equipment.
Limit allowable idling to 30 minutes for trucks and heavy equipment
Off -Site Impacts
Encourage car pooling for construction workers.
Limit lane closures to off-peak travel periods.
Park construction vehicles off traveled roadways.
Wet down or cover dirt hauled off-site.
Sweep access points daily.
Encourage receipt of materials during non -peak traffic hours.
Sandbag construction sites for erosion control.
Fill Placement
The number and type of equipment for dirt pushing will be limited on any
day to ensure that SCAQMD significance thresholds are not exceeded.
Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in
the top six-inch surface layer, subject to review/discretion of the
geotechnical engineer.
56. 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
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measures and practices that will be in effect during construction to minimize the
Project's impact on water quality.
57. Prior to the issuance of a grading permit, the applicant shall prepare and submit a
Water Quality Management Plan (WQMP) for the 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.
58. 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.
59. Building with mixed types of construction shall comply with Section 510 of the
California Building Code.
60. Elevators shall not be permitted to open directly into exit enclosures.
61. Building exiting shall comply with California Building Code.
Public Works Department
62. A Parcel Map shall be recorded. The Map shall be prepared on the California
coordinate system (NAD83). Prior to recordation of the Map, the
surveyor/engineer preparing the Map shall submit to the County Surveyor and the
City of Newport Beach a digital -graphic file of said map in a manner described in
Section 7- 9-330 and 7-9-337 of the Orange County Subdivision Code and Orange
County Subdivision Manual, Subarticle 18. The Map to be submitted to the City
of Newport Beach shall comply with the City's CADD Standards. Scanned
images will not be accepted.
63. 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
106
Corner unless otherwise approved by the Subdivision Engineer. Monuments shall
be protected in place if installed prior to completion of construction project.
64. The conflicting easement (i.e. private sewer, water, storm drain, ingress, and
egress easements) within the project shall be vacated prior to the final parcel map
processing or shall be vacated as part of the proposed parcel map.
65. The project shall provide a 12 -foot wide dedication for street -purposes along the
West Coast Highway frontage.
66. The project shall provide a minimum 12 foot dedication at the easterly property
line transitioning to 26 foot at the westerly property line for street purposes to the
Avon Street extension frontage.
67. Applicant to design and construct the ultimate Avon Street widening along the
frontage of the project site per Public Works Department requirements and
approval. Non-standard improvements are prohibited within the limits of the
new 12 to 26 foot wide street dedication area along Avon Street
68. No structural improvements shall be permitted within the limits of the new 12 -foot
wide street dedication along the West Coast Highway frontage and new 12 to
26 foot wide street dedication along the Avon Street extension frontage.
69. Each unit shall be served by separate sewer and water services unless otherwise
waived by the Utilities Director. If waived by the Utilities Director, at a minimum
the residential and commercial uses shall have separate sewer and water services.
Each sewer and water service shall be installed per applicable City Standards.
70. The driveways shall be constructed and installed per City Standard STD -160. A
minimum 4 -foot wide accessible walkway shall be provided at the top of the
driveway approach.
71. Reconstruct curb, gutter and sidewalks along the West Coast Highway and Avon
Street extension project frontages per the applicable City Standards.
72. Parking layout shall comply with City Standard STD -805. All drive aisles shall be
a minimum of 26 -feet wide. No obstruction shall be permitted to project into the
required width of the drive aisle.
73. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
74. All existing overhead utilities shall be undergrounded.
75. An encroachment permit is required for all work activities within the public right-of-
way.
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76. All on-site drainage shall comply with the latest City Water Quality requirements.
77. All unused water services to be abandoned shall be capped at the main
corporation stop) and all unused sewer laterals to be abandoned shall be capped
at property line. If the sewer lateral to be abandoned has an existing cleanout,
abandonment shall include removal of the cleanout riser, the 4TT box and the wye.
Sewer lateral shall then be capped where the wye used to be.
78. Sewer and water demand study shall be reviewed and approved by the Public
Works and Utilities Departments. Any City required improvements to
accommodate the proposed project shall be designed and constructed at the
owner's expense.
79. Fire Flow analysis shall be reviewed and approved by the Public Works
Department, Utilities Department and Fire Marshall. Any City required
improvements to accommodate the proposed project shall be designed and
constructed at the owner's expense.
80. A construction management plan (CMP) shall be reviewed and approved by the
City Traffic Engineer and the Community Development Director prior to the
issuance of a building permit.
81. Project driveways and internal circulation areas shall be designed to accommodate
adequate sight distance. The final design shall be subject to further review and
approval by the City Traffic Engineer.
82. Driveway slopes shall comply with City Standard STD -167-B.
83. The proposed street tree removals and installation of new street trees shall be
subject to further review and approval by the Public Works Department Municipal
Operations Division.
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Full resolution with all exhibits available separately due to bulk:
Click Here for Resolution No. 2021-70
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April 27, 2021 City Council Meeting Minutes
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City of Newport Beach
City Council Meeting
July 27, 2021
Dave Tanner noted the City and surrounding cities are dealing with RHNA allocations, development
potential is actually two or three times the RHNA number, streets will have to be wider to handle the
traffic from development, and Council has to consider the cumulative traffic impacts.
Sandra Ayres, on behalf of an elderly resident, asked Council to consider allowing remote participation
during Council meetings again.
Mayor Pro Tem Muldoon recused himselfduring the next speaker's comments due to potential
business interest conflicts and left the room.
Kristin West discussed the impacts of electrical pollution, utility poles and lines, and the need to protect
citizens and to regulate electromagnetic fields.
XVIII. PUBLIC HEARING
12. Resolution No. 2021-70: Call for Review of Planning Commission's Approval of a Mixed -
Use Project at 2510 West Coast Highway (PA2019-249) [100-20211
Council Member Duffield recused himself due to business interest conflicts.
Council Member Blom recused himself due to real property interest conflicts.
Community Development Director Jurjis related that the applicant has redesigned the project since
Council's previous review and tonight's hearing is the fourth of a maximum of five public hearings
that can occur.
Principal Planner Schneider and Deputy Community Development Director Campbell utilized a
presentation to review changes to the project, the mixed -use project, site plan, perspective
renderings, materials and colors, parking, elevations, density bonus, tentative parcel map, visual
simulations, traffic, the Housing Accountability Act (HAA), California Coastal Commission appeal
jurisdiction, California Environmental Quality Act (CEQA) review, recommended actions, and
revised conditions of approval.
In response to Council Member O'Neill's questions, City Attorney Harp advised that the letter from
the Coalition to Protect Mariners' Mile does not affect staffs recommendations and reflects some
confusion regarding Density Bonus Law and HAA requirements. He clarified that the Density Bonus
Law allows concessions for development standards.
Mayor Avery opened the public hearing.
Sean Matsler, Cox, Castle & Nicholson, representing Lido Partners, utilized a presentation to
illustrate project changes, setbacks, and dedication of property along Avon Street. He addressed
letters from David Tanner and the applicant's attorney, and discussed Condition of Approval 67.
At City Attorney Harp's request, Mr. Matsler discussed the Class 32 exemption under CEQA and
CEQA analysis of the widening of Avon Street.
Deborah Rosenthal, representing the Coalition to Protect Mariner's Mile, provided a handout,
shared the Coalition's opposition to the project based on visual impacts to water views, the City's
intended commercial use of the site, access from the rear of the property, HAA and Density Bonus
Law requirements, parking, future flexibility, concessions and incentives, waivers, traffic and view
studies, story poles, and traffic impacts.
Jim Carlson, Coalition to Protect Mariner's Mile, utilized a slide to provide an alternate view
simulation, and noted the applicant's simulations do not include elevator shafts, the applicant
refused to erect story poles, and locating parking against residential areas is a first.
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July 27, 2021
Patrick Gormley utilized slides to discuss a Mariners' Mile Master Plan, the project's consistency
with the General Plan and the vision for Mariners' Mile, Mr. Moshayedi's community outreach
meeting, the project as a precedent, the community's opposition to the project, developing Mariners'
Mile as a village, and suggested next steps.
In response to Mayor Avery's questions, Deputy Community Development Director Campbell
indicated the site is designated for mixed use, the applicant seeks a waiver of the minimum floor
area ratio (FAR) requirement, the project is consistent with the General Plan designation,
waterfront parcels have a different General Plan designation and zoning than the subject site, and
the City and community would have to develop a vision for Mariners' Mile and start the process to
update the General Plan and subsequently the zoning.
David Tanner related various challenges facing Council regarding the project and encouraged
Council to protect the health, safety, and general welfare of the public and delay consideration of
the project until the General Plan Update is complete or until the Coastal Commission can address
the coastal issues.
Charles Klobe stated the applicant's letter has not been posted on the City website, and in his
opinion, Council has sufficient information to make a decision on the project.
An unidentified speaker shared her observations about vehicles, bicyclists, pedestrians, joggers, and
dog walkers traversing on Avon Street, which has no sidewalks or streetlights, and implored Council
to obtain an environmental analysis of the project.
Jim Mosher indicated his confusion regarding the office building, the vision for Mariners' Mile, and
the staff report's explanation of the height waiver.
Sandra Ayres related that residents support responsible revitalization of Mariners' Mile and
provided information for why Council should not approve the project.
Bill Dunlap disagreed with Mr. Matsler's allegation that Council has no authority over planning
and zoning and expressed the opinion that Council should consider upcoming projects in
determining cumulative impacts.
Mr. Matsler advised that both he and the applicant are residents of Newport Beach and want to
provide a project they can be proud of.
Hearing no further testimony, Mayor Avery closed the public hearing.
In response to Council Member Brenner's questions, Deputy Community Development Director
Campbell reported a parcel map is needed to allow the construction of buildings over property lines,
for at least ten years, buildings have not been constructed over property lines without some action
to eliminate the property lines, Council may consider imposing a development moratorium until a
master plan can be adopted, developing a master plan could take a year or more, the revitalization
plan could be the starting point for a master plan, staff is preparing a traffic study for the Circulation
Element, the traffic study should be ready September or October 2021, the net increase of traffic for
the project is less than 300 trips, the project is not required to conduct a Level of Service analysis of
intersections pursuant to the traffic phasing ordinance, 30 to 50 people attended public workshops
for the Circulation Element, modeling for the traffic analysis is underway, the Circulation Element
does not address Avon Street because it is technically an enhanced driveway, Mr. Tanner's
suggestion for Council to delay the project and seek Coastal Commission input is probably not
consistent with Council's legislative platform relative to local control, a Council action on a coastal
development permit may be presented to the Coastal Commission to determine if the matter falls
within the Coastal Commission's appeal jurisdiction, and staff has evaluated the cumulative
impacts of the subject project and pending projects in the area.
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In response to Mayor Avery's question, Deputy Community Development Director Campbell
indicated a credible environmental analysis is not based on market assumptions and zoning, and
noted concessions and waivers complicate the analysis.
In response to Council Member Dixon's questions, Principal Planner Schneider stated the project
proposes a total of 36 units, and an additional unit was available to the applicant in the original
design, but the applicant utilized it in the redesign. City Traffic Engineer Brine indicated an agenda
item for Council going forward in August contains potential improvements to Tustin Avenue in
response to residents' concerns, and national rates for trip generation are used to calculate the
number of trips a project may generate. Deputy Community Development Director Campbell related
that the project will not be the tallest building in Mariners' Mile, a maximum height of 35-feet is
allowed under the existing zoning, and the base height limit is 26-feet. Community Development
Director Jurjis advised that Council will discuss next steps in the General Plan Update process later
in the year, and staff will recommend forming of a steering committee to update other General Plan
Elements with the Land, Use Element being the priority.
Council Member Dixon commended the applicant for redesigning the project so that it is consistent
with Mariners' Mile, expressed disappointment with the applicant holding only one community
meeting, and indicated that the State has tied Council's hands as to what it can and cannot approve.
She emphasized that Mariners' Mile and the industrial area of Newport Heights need immediate
attention in terms of land use planning.
Council Member O'Neill reviewed the HAA's requirements for denial and noted that Council's efforts
to push back on the City's RHNA allocation have not worked, this project is a good example of the
reason the State Legislature wanted to stop local jurisdictions from denying housing projects, a court
may review Council's decision on a project, Council's record will be weak at best in a court of law, a
court decision against the City for this project will set a terrible precedent for a much larger project
for Mariners' Mile, and Council cannot make the findings necessary to deny the project under the
HAA.
In response to Mayor Pro Tem Muldoon's questions, Community Development Director Jurjis
suggested a master plan process for Mariners' Mile can begin with the 2017 revitalization plan or
from scratch, and only objective design standards can be implemented. City Attorney Harp clarified
that additional criteria cannot be imposed on the subject project, Council cannot consider subjective
standards under HAA, a Council decision to deny a project or reduce the density of a project shifts
the burden of proof to the City, and the project seems to comply with the objective criteria.
In response to Mayor Avery's question, City Attorney Harp advised that compliance with the Coastal
Act is separate from compliance with the HAA.
In response to Mayor Pro Tem Muldoon's questions, Community Development Director Jurjis
reported that the current version of the project complies with all objective standards contained in
the General Plan and Zoning Code. Principal Planner Schneider indicated the view simulations are
accurate as to elevator shafts, elevator overruns are common but more expensive, and the project
does not propose them. Deputy Community Development Director Campbell stated the applicant's
offer to dedicate land for widening Avon Street would benefit the City.
Mayor Pro Tem Muldoon advised that he has no plans for Mariners' Mile, but he will protect the
aesthetics of the City, and appreciated the redesign of the project.
In response to Council Member Brenner's questions, City Attorney Harp understood Mr. Matsler's
letter was made available to the public. City Clerk Brown added that copies were provided in the
lobby and late correspondence will be added to the packet. Deputy Community Development
Director Campbell clarified that the applicant may submit an application to rezone the site from
office to retail in the future, the application will be subject to the review process, the Coastal Act
and the Local Coastal Program (LCP) do not provide percentages delineating significant impacts for
views, and protecting views is a subjective standard. Council Member Brenner appreciated the
Volume 65 - Page 108 115
City of Newport Beach
City Council Meeting
July 27, 2021
applicant complying with residents' request for a nautical theme, especially since the applicant was
not required to do so.
In response to Council Member Dixon's questions, Deputy Community Development Director
Campbell stated a condition of approval requires the applicant to dedicate land for widening Avon
Street, but the City is not obligated to do so. Community Development Director Jurjis clarified that
the applicant has not offered to pay for widening the entire length of Avon Street, it is late in the
process to require the applicant to pay for the widening, the City does not have a view plane
protection ordinance, and the City has not documented all the views in the City.
Council Member Dixon requested developers work with the community when developing future
projects in Mariners' Mile, at least until a master plan is adopted, and remarked that rampant
development could be the result of State mandates, the community values its villages, the City does
not require design standards, and the City needs objective standards for views.
Motion by Council Member O'Neill seconded by Mayor Pro Tem Muldoon, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332
under Class 32 (In -fill Development Projects) of the CEQA Guidelines, because it has no potential
to have a significant effect on the environment; and b) adopt Resolution No. 2021-70, A Resolution
of the City Council of the City of Newport Beach, California, Upholding the Planning Commission's
Approval of Coastal Development Permit No. CD2019-062, Site Development Review No. SD2019-
003, Tentative Parcel Map No. NP2020-013, and Affordable Housing Implementation Plan
No. AH2O21-001 for a Mixed -Use Project Located at 2510 and 2530 West Coast Highway (PA2019-
249), including the amended Conditions.
Mayor Avery expressed concern that widening Avon Street could increase vehicle speeds, noted
slowing traffic is better because many people cross at Tustin Avenue, discussed how businesses in
Mariners' Mile have changed over time, pointed out that Pacific Coast Highway is not pedestrian -
friendly, the scale of future development is both exciting and daunting, the applicant willingly
improved the project, the community has informed developers about their aspirations for Mariners'
Mile, and the City will have to mitigate the impacts of more traffic.
With Council Members Blom and Duffield recusing themselves, the motion carried 5-0
XIX. MOTION FOR RECONSIDERATION — None
XXI. ADJOURNMENT — Adjourned at 9:27 p.m. in memory of Terry Donahue
The agenda and amended agendas were posted on the City's website and on the City Hall
electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic
Center Drive on July 22, 2021 at 4:00 p.m., July 23, 2021 at 8:35 a.m., and July 23, 2021 at
3:00 p.m.
Leilani I. Brown
City Clerk
Br ve y
ayor
Volume 65 - Page 109 116
Attachment No. PC 3
Project Plans
117
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MOTHER'S MARKET SPACE APPROVED - EXISTING
APPROVED - EXISTING APPROVED - EXISTING MOTHER'S MARKET SPACE
MOTHER'S MARKET
SPACE
APPROVED - EXISTING
05/12/2022
PA2022-101 Attachment No. PC 3 - Project Plans
123
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, Senior Planner
Date: March 7, 2023
Re: Item No. 3: Mother’s Market Owner and Applicant Information
________________________________________________________________
The applicant is requesting that the Staff Report and Draft Resolution be revised
to reflect updated ownership and applicant information. Please see the attached
revisions and applicant request.
Planning Commission - March 9, 2023 Item No. 3a - Additional Materials Received from Staff Mother's Market (PA2022-101)
CITY OF NEWPORT BEACH
PLANNING COMMMISSION STAFF REPORT
March 9, 2023
Agenda Item No. 3
SUBJECT: Mother’s Market (PA2022-101)
▪ Coastal Development Permit
▪ Traffic Study
SITE LOCATION: 2510 West Coast Highway
APPLICANT: 2510 West Coast Highway LLC SMM 2600 PCH LLC
OWNER: 2510 West Coast Highway LLC SMM 2600 PCL LLC
PLANNER: David Lee, Senior Planner
949-644-3225, dlee@newportbeachca.gov
PROJECT SUMMARY
A Coastal Development Permit and Traffic Study pursuant to Chapter 15.40 of the
Municipal Code for a of the 5,096-square-foot commercial component of a previously
approved mixed-use development to be developed as a grocery store.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15332 under Class 32 (In-Fill Development Projects) of the
CEQA Guidelines, because it has no potential to have a significant effect on the
environment; and
3) Adopt Resolution No. PC2023-013 approving a Traffic Study and Coastal
Development Permit (Attachment No. PC 1).
Planning Commission - March 9, 2023 Item No. 3a - Additional Materials Received from Staff Mother's Market (PA2022-101)
RESOLUTION NO. PC2023-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING AN
AMENDMENT TO THE COASTAL DEVELOPMENT PERMIT AND
APPROVING A TRAFFIC STUDY TO MODIFY THE
COMMERCIAL COMPONENT OF AN APPROVED MIXED-USE
PROJECT FROM AN OFFICE TO RETAIL SALES USE FOR THE
PROPERTY LOCATED AT 2510 WEST COAST HIGHWAY
(PA2022-101)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by SMM 2600 PCL LLC 2510 West Coast Highway LLC
(“Applicant”), concerning property located at 2510 West Coast Highway, and legally
described in Exhibit “A,” which is attached hereto and incorporated herein by reference
(“Property”).
2. On February 18, 2021, Coastal Development Permit No. CD2019-062, Site Development
Review No. SD2019-003, Tentative Parcel Map No. NP2020-013, and Affordable Housing
Implementation Plan No. AH2021-001 were approved by the Planning Commission,
authorizing a mixed-use development. Subsequently on July 27, 2021, the Approved
Project was called for review by the City Council, which upheld the Planning Commission’s
approval. The mixed-use project consisted of 36 residential dwelling units, including eight
studio units, 22 one-bedroom units, two-bedroom units, and a 5,096-square-foot
commercial office (“Approved Project”).
3. The Applicant proposes to modify the 5,096-square-foot commercial component of the
Approved Project from office to a grocery store (ie. “retail sales”) (“Modified Project”), which
requires the following approvals:
• Coastal Development Permit Amendment: Required since the modification to a
grocery store is an intensification of use in the Coastal Zone; and
• Traffic Study: Required per NBMC Chapter 15.20 (Traffic Phasing Ordinance), as
the proposed use generates more than 300 average daily trips.
4. The Property is designated Mixed-Use Horizontal 1 (MU-H1) by the General Plan Land
Use Element and is located within the Mixed-Use Mariners’ Mile (MU-MM) Zoning District.
5. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed Use – Horizontal (MU-H) and it is located within the Mixed-Use Mariners’ Mile (MU-
MM) Coastal Zone District.
Planning Commission - March 9, 2023 Item No. 3a - Additional Materials Received from Staff Mother's Market (PA2022-101)
From: Matsler, Sean <SMatsler@coxcastle.com>
Sent: March 06, 2023 4:55 PM
To: Lee, David
Cc: mark moshayedi
Subject: PA2022-101- Applicant
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
David,
Can the City please correct the ownership information for PA2022-101 to reflect the following
owner: 2510 WEST COAST HIGHWAY LLC, a California limited liability corporation. This property
is not owned by SMM 2600 PCH LLC. I have cc’d the applicant.
Thanks,
Sean
Sean Matsler
Visit the new coxcastle.com!
Cox, Castle & Nicholson LLP
3121 Michelson Drive | Ste 200 | Irvine, CA 92612
direct: 949.260.4652 | mobile: 714.330.0797
main: 949.260.4600
smatsler@coxcastle.com | vcard | bio | website
This communication is intended only for the exclusive use of the addressee and may contain information that is privileged or confidential. If you are not
the addressee, or someone responsible for delivering this document to the addressee, you may not read, copy or distribute it. Any unauthorized
dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please call us
promptly and securely dispose of it. Thank you.
Planning Commission - March 9, 2023 Item No. 3a - Additional Materials Received from Staff Mother's Market (PA2022-101)
Respect, Protect, and Preserve the Residential, Commercial and Environmental Qualities of Our Bayside Town
March 6, 2023
Mr. Seimone Juris
Community Development Director
Planning Commissioners:
Curtis Elmore, Chair
Mark Rosene, Vice Chair
Sarah Klaustermeier Secretary
Brady Barto,
Tristan Harris,
Jonathan Langford
Lee Lowery
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach. CA 92660
Re: 2510 W. Pacific Coast Highway Mothers Market Coastal Development Permit PA2022-101
Mr. Juris, and Member(s) of Planning Commission:
The Coalition to Protect Mariners Mile supports the modification of the previously approved 5,096 Sq. Ft.
Commercial component from an Office use to a Grocery Store.
Sincerely,
James F. Carlson
James F. Carlson
Chairman
The Coalition to Protect Mariners Mile
protectmarinersmile.org
jfcarlson@roadrunner.com
CC; Sean Matsler, Cox Castle
Sandra Ayes, Coalition to Protect Mariners Mile
Planning Commission - March 9 , 2023 Item No. 3b - Additional Materials Received Mother's Market (PA2022-101)
Respect, Protect, and Preserve the Residential, Commercial and Environmental Qualities of Our Bayside Town
Planning Commission - March 9 , 2023 Item No. 3b - Additional Materials Received Mother's Market (PA2022-101)
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, Senior Planner
Date: March 8, 2023
Re: Item No. 3: Mother’s Market (PA2022-101)
________________________________________________________________
The City Council’s approval of the 2510 West Coast Highway Mixed-Use Project
was challenged by the Coalition to Protect Mariners Mile. The case involved the
City, the Property owner and the Coalition and ultimately the case was settled. The
Settlement Agreement and Mutual Release is attached to this memorandum in
order to provide relevant information associated with the project application.
In summary, the agreement requires the applicant to apply to the City to change
the non-residential component of the approved mixed-use project from office to
commercial use. The property owner’s application to establish a Mother’s Market
directly stems from the settlement agreement. The settlement does not commit the
City to any outcome regarding the proposed change of use and does not limit the
City’s discretion to approve, deny, and/or condition any approval of the application.
Furthermore, the settlement requires that the Coalition to write a letter to the City
in support of the commercial use. The letter was provided to the Planning
Commission as an additional material on March 7, 2023.
Enc. Settlement Agreement and Mutual General Release – Coalition to Protect
Mariner Mile
Planning Commission - March 9, 2023 Item No. 3c - Additional Materials Received from Staff Mother's Market (PA2022-101)
Xe^po^
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3131 | 949 644-3139 FAX
newportbeachca.gov/cityattorney
March 8, 2022
Sent via First Class U.S. Mail and via Email to: smatsler^coxcastle.com
Sean Matsler, Esq.
Cox, Castle, & Nicholson, LLP
3121 Michelson Drive, Suite 200
Irvine, California 92612
RE: Settlement Agreement and Mutual General Release - Coalition to Protect
Mariners Mile
Dear Mr. Matsler:
Please find enclosed herewith one (1) original, fully executed Settlement Agreement and
Mutual Release in regards to the above referenced matter.
Please do not hesitate to contact our office with any further questions or concerns you may
have.
Sincerely,
CITY ATTORNEY'S OFFICE
Heather Nichols
Adminstrative Assistant to the City Attorney
Enclosures: As noted
City Attorney's Office
Planning Commission - March 9, 2023
Item No. 3c - Additional Materials Received from Staff Mother's Market (PA2022-101)
Planning Commission - March 9, 2023 Item No. 3c - Additional Materials Received from Staff Mother's Market (PA2022-101)
Planning Commission - March 9, 2023 Item No. 3c - Additional Materials Received from Staff
Mother's Market (PA2022-101)
Planning Commission - March 9, 2023 Item No. 3c - Additional Materials Received from Staff Mother's Market (PA2022-101)
Planning Commission - March 9, 2023 Item No. 3c - Additional Materials Received from Staff
Mother's Market (PA2022-101)
Planning Commission - March 9, 2023 Item No. 3c - Additional Materials Received from Staff
Mother's Market (PA2022-101)
Planning Commission - March 9, 2023 Item No. 3c - Additional Materials Received from Staff Mother's Market (PA2022-101)
Planning Commission - March 9, 2023
Item No. 3c - Additional Materials Received from Staff Mother's Market (PA2022-101)
Planning Commission - March 9, 2023
Item No. 3c - Additional Materials Received from Staff Mother's Market (PA2022-101)
Mother’s Market
2510 West Coast Highway Traffic Study and Coastal Development Permit
Planning Commission Public Hearing
March 9, 2023
David Lee, Senior Planner
Planning Commission - March 9, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Mother's Market (PA2022-101)
Vicinity Map
Subject Property
Planning Commission - March 9, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Mother's Market (PA2022-101)
Approved Mixed-Use Development
•2/18/21: Approved by the Planning Commission
•7/27/21: Upheld by the City Council
•Final approved mixed-use development:
•36 dwelling units
•5,096 sq. ft. office
•65-space covered parking lot
3Community Development Department
Planning Commission - March 9, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Mother's Market (PA2022-101)
Project Request
•Traffic Study
•Conversion to grocery store generates over 300 average daily
trips (ADT)
•Traffic study required by Traffic Phasing Ordinance
•Coastal Development Permit
•Intensification of use in the Coastal Zone
4Community Development Department
Planning Commission - March 9, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Mother's Market (PA2022-101)
Proposed Project
Development Feature Approved Proposed
Commercial Floor Area 5,096 sq. ft. 5,096 sq. ft.
Commercial Use Office Grocery Store
(Retail)
Parking Rate 1 space per 250 sq. ft. 1 space per 250 sq. ft.
Parking Required (Commercial)21 spaces 21 spaces
Planning Commission - March 9, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Mother's Market (PA2022-101)
Site Plan Planning Commission - March 9, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Mother's Market (PA2022-101)
Traffic Study
•Grocery store increases trips above 300 ADT threshold
•Prepared by LSA, dated February 2023
•Studies 12 primary intersections
•Concludes that grocery store conversion would not create significant impacts to analyzed intersections
•No improvements required
•Reviewed and approved by City Traffic Engineer
Approved development (res + office)292 new trips
Proposed project (res + market)690 new trips
Planning Commission - March 9, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Mother's Market (PA2022-101)
Summary of Findings
•Conversion of use for previously approved commercial space in mixed-use development
•Relatively small grocery store intended to serve local neighborhood
•Traffic study concludes no impact to level of service in studied intersections
•No impact to coastal resources (views or access), consistent with LCP
8Community Development Department
Planning Commission - March 9, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Mother's Market (PA2022-101)
Change to Condition 20
Box trucks,trailers,and/or other large delivery vehicles ofsimilarsizeshall not access the Property from West CoastHighwayandshallaccessthe Property from Avon Street.Inaddition, no delivery vehicles of any size shall park or load onWestCoastHighwayanypublicright-of-way.
Planning Commission - March 9, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Mother's Market (PA2022-101)
Recommended Action
10Community Development Department
•Conduct a public hearing;
•Find project exempt from CEQA (Class 32)
•Approve Mother’s Market Traffic Study /CDP (PA2022-101)
Planning Commission - March 9, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Mother's Market (PA2022-101)
11
Questions and Discussion
David Lee, Senior Planner
949-644-3225, dlee@newportbeachca.gov
Planning Commission Public Hearing
March 9, 2023
Planning Commission - March 9, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Mother's Market (PA2022-101)