HomeMy WebLinkAboutPC2023-013 - 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 HIGHWAYRESOLUTION 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 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.
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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
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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
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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
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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.
Planning Commission Resolution No. PC2023-013
Page 8 of 15
PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF MARCH, 2023.
AYES: Barto, Ellmore, Klaustermeier, Langford, Lowrey, and Rosene
NOES: None
ABSTAIN: None
ABSENT: Harris
BY:~ --~~---------Cu rt is Ellmore, Chair
BY :_~_
7_5 __ ---_-__
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
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.
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EXHIBIT “B”
TRAFFIC IMPACT ANALYSIS
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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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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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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 any public right of way. 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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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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EXHIBIT “D”
RESOLUTION NO. 2021-70