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HomeMy WebLinkAboutZA2018-028 - COASTAL DEVELOPMENT PERMIT, MINOR SITE DEVELOPMENT REVIEW, AND TENTATIVE PARCEL MAP TO DEMOLISH AN EXSITING COMMERICAL BUILDING AND CONSTRUCT A NEW LIVE-WORK DEVELOPMENT - 500 EAST BALBOA BOULEVARD12-21-2017 RESOLUTION NO. ZA2018-028 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-077, MINOR SITE DEVELOPMENT REVIEW NO. SD2017-006, AND TENTATIVE PARCEL MAP NO. NP2017-020 TO DEMOLISH AN EXISTING COMMERCIAL BUILDING AND CONSTRUCT A NEW LIVE-WORK DEVELOPMENT LOCATED AT 500 EAST BALBOA BOULEVARD (PA2017-182) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by 500 E Balboa, LLC (“Applicant”) on behalf of Dino and Hope Clarizio (“Owners”), with respect to property located at 500 East Balboa Boulevard (“Property”), requesting approval of a coastal development permit, minor site development review, and a tentative parcel map for condominium purposes. 2. The Property is legally described as Lots 11 and 12 in Block 5 of the Balboa Tract, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 4, Page 11, of Miscellaneous Maps, in the Office of the County Recorder of said County. 3. The Applicant proposes the demolition of an existing single-story commercial building and construction of a three-story structure with one live-work unit and two residential units, which will be sold separately as condominiums ("Project"). The Project includes hardscape, landscape, and subsurface drainage facilities. The design complies with all applicable development standards and no deviations are requested. 4. The Property is designated Mixed-Use Vertical (MU-V) by the General Plan Land Use Element and is located within the Mixed-Use Vertical (MU-V) Zoning District. 5. The Property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Uses Vertical (MU-V) and it is located within the Mixed-Use Vertical (MU-V) Coastal Zone District. 6. A public hearing was held on March 15, 2018, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303 and Section 15315 , Article 19 of Chapter 3, Guidelines for Zoning Administrator Resolution No. ZA2018-028 Page 2 of 21 12-21-2017 Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions), because it has no potential to have a significant effect on the environment. 2. The Class 3 exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units in urbanized areas. The proposed mixed-use development is consistent with all requirements of the Class 3 exemption, as it contains one live-work unit and two residential units on an existing nonresidential site in Balboa Village. 3. The Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. The Tentative Parcel Map is for condominium purposes and is consistent with all of the requirements of the Class 15 exemption. SECTION 3. REQUIRED FINDINGS. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The proposed development complies with applicable residential development standards including, but not limited to, floor area ratios, setbacks, height, open space, and parking. a. The maximum gross floor area allowable for residential uses is 5,021 square feet (i.e., floor area ratio [FAR] of 1.0). The proposed gross floor area for residential use is 5,019 square feet. b. The minimum gross floor area allowable for nonresidential uses is 1,757.35 square feet (i.e., FAR of 0.35) and the maximum allowable is 2,510.50 square feet (i.e., FAR of 0.50). The proposed gross floor area of the nonresidential use is 1,761 square feet. c. The proposed development provides the minimum required setbacks, which are 10 feet along the rear property line abutting the alley and 5 feet along the side property Zoning Administrator Resolution No. ZA2018-028 Page 3 of 21 12-21-2017 line abutting the residential zoning district. There are no minimum setbacks required for the property lines along Adams Street and East Balboa Boulevard. d. In this case, the established grade for measuring heights of the principal structure is 9.00 feet based on the North American Vertical Datum of 1988 (NAVD88). T he highest flat roof portion or railing is less than 26 feet above this grade. The highest ridge is no more than 31 feet above this grade. Therefore, the Project will comply with the maximum height requirements. e. The Project includes four covered parking spaces by way of two tandem carports for the residential units and a two-car garage, which is also in tandem, for the live- work unit. Two additional open parking spaces are provided to serve customers or visitors of the live-work unit. Therefore, the Project will comply with the minimum parking requirements. 2. The immediate area is predominantly developed with single - and two-story residential and nonresidential structures; however, there are taller structures along the East Balboa Boulevard corridor. The Balboa Theater and the building formerly occupied by Mithrush, both to the east of the site, are approximately 32 feet tall and ap proximately 30 feet tall, respectively. Similar to the Project, the Mithrush building is also located on a corner lot at Main Street and East Balboa Boulevard. The Newport Landing parking structure, which is approximately 39 feet tall, is also located on a corner north of the project site at Adams Street and East Bay Avenue. 3. The Project design includes second- and third-floor decks, which serve to set back the second- and third-floor living areas from the street. This feature serves to remove some of the massing keeping the project at a pedestrian scale, which will help maintain compatibility with the neighborhood. 4. The Project has been designed such that it will be compatible with the scale of expected future development. 5. The Project site is separated from the beach by East Balboa Boulevard and two blocks of nonresidential and residential development. It is approximately 850 feet from the mean high tide line to the south and approximately 400 feet from the bay front to the north. The finish floor elevation of the first floor for the proposed structure is 9.00 feet based on the North American Vertical Datum of 1988 (NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard for new structures. The identified distances from the coastal hazards areas coupled with the 9.00-foot (NAVD88) finish floor elevation, will help to ensure the Project is reasonably safe for the economic life of the structure. 6. The Property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. Zoning Administrator Resolution No. ZA2018-028 Page 4 of 21 12-21-2017 7. The Project design addresses water quality with a construction erosion control plan and a post construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event run-off on-site. Any water not retained on-site is directed to the City’s storm drain system. 8. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. To fulfill this requirement, a Water Quality Management Plan (WQMP) has been reviewed and approved by the City’s Engineer Geologist. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for best management practices (BMPs), use of a low-impact development (LID) approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance with the approved WQMP prior to building permit issuance. 9. All proposed landscaping complies with Implementation Plan Section 21.30 .075 (Landscaping). Condition of Approval No. 15 is included that requires drought-tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 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 . Fact in Support of Finding: 1. The Project site is located on the Balboa Peninsula between the nearest public road and the sea. Implementation Plan Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the Project’s impact and be proportional to the impact. In this case, the project replaces an existing nonresidential structure located on an inland lot with a new mixed-use structure (i.e., nonresidential). Although the Project involves a change in density and intensity from the existing condition, it is compliant with the allowable density and intensity for the site, as well as all applicable development standards, as discussed in more detail in Findings C and D below. The Project is not anticipated to result in increased demand on public access and recreation opportunities. Furthermore, the Project is designed and sited so as not to block or impede existing public access opportunities. 2. Vertical access to the bay front and the beach is available immediately west along Adams Street. Lateral access provided approximately 375 feet to the north along the Edgewater Place pedestrian easement. Lateral access is also provided approximately 275 feet to the south along the East Ocean Front walk, as well as along the public beach. Zoning Administrator Resolution No. ZA2018-028 Page 5 of 21 12-21-2017 3. The project site is not located adjacent to a coastal view road, public viewpoint, public park or beach, or public accessway, as identified in the Coastal Land Use Plan. Furthermore, an investigation of the project site and surrounding area did not identify any other public view opportunities. The project site may be located within the viewshed of distant public viewing areas. However, the project is located on an inland lot and will replace an existing nonresidential structure with a new mixed-use structure (i.e., nonresidential) that complies with all applicable LCP development standards and maintains a building envelope consistent with the existing and anticipated future neighborhood pattern of development. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. 4. The Project will improve an underutilized property at a street corner along the heavily- traveled East Balboa Boulevard corridor, which will in turn help to enhance the visual quality of the Coastal Zone for visitors and residents. 5. The Project will require a new curb cut on Adams Street; however, this portion of the street has a red curb and parking is not allowed along the frontage for safety purposes. Therefore, the new driveway will not result in the loss of on -street parking. The Project will close an existing driveway on East Balboa Boulevard; while this closure will not result in new on-street parking due to the width of the boulevard, the driveway closure would reduce a potential traffic conflict point. Site Development Review In accordance with Section 20.52.080.F (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: C. Allowed within the subject zoning district. Fact in Support of Finding: The Property is located within the Mixed-Use Vertical (MU-V) Zoning District, which allows nonresidential uses and/or vertically integrated mixed-use structures; where the ground floor is restricted to nonresidential uses along the street frontage. Residential uses are only permissible above the first floor. The proposed live-work unit is comprised of a 1,761-square- foot nonresidential space on the ground floor with a single residential unit above. The nonresidential space and the residential unit share a common entry vestibule opposite East Balboa Boulevard. Two additional residential units are located above the required parking for the Project. Pursuant to Table 2-8 (Allowed Uses and Permit Requirements) of NBMC Chapter 20.22 (Mixed-Use Zoning Districts), the proposed Project is allowed within the MU-V zoning district. Finding: D. In compliance with all of the applicable criteria identified subsection [20.52.080](C)(2)(c): Zoning Administrator Resolution No. ZA2018-028 Page 6 of 21 12-21-2017 i. Compliance with this Section, the General Plan, the 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 development; and whether the relationship is based on standards of good design; 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 Section 20.30.100 (Public View Protections). Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the subject property as Mixed - Use Vertical (MU-V), which is intended to provide for the development of properties for mixed-use structures that vertically integrate housing with nonresidential uses. A mixed- use development on a property designated MU-V shall have a maximum floor area to land area ratio (FAR) of 1.5; where a minimum FAR of 0.35 and maximum 0.50 shall be allocated to nonresidential uses and a maximum of 1.0 to residential uses. The proposed development is consistent with the General Plan designation in that: a. The proposed live-work unit and residential units are designed as a vertically- integrated mixed-used structure, located on the northeast corner of Adams Street and East Balboa Boulevard. The Project will be occupied by nonresidential uses on the ground floor and the residential uses will be located above the ground floor. b. The proposed development has 0.35 FAR for nonresidential uses; and 1.00 FAR for residential uses. Together, the Project has 1.35 FAR for mixed-use development. 2. The proposed development complies with the MU-V Zoning District development standards of FAR, building setbacks, public and private open spaces, building height, and parking. See Fact in Support of Finding A(1) above. 3. The development consists of a 3-story, single building with a sloping roof at approximately 31 feet in height. It will consist of one live-work and two residential units (Unit 1, Unit 2 and Unit 3, respectively): a. Unit 1 will have a total of 3,626 square feet in gross floor area consisting of approximately 1,761 square feet in nonresidential floor area and a 427 square- foot two-car tandem garage on the first floor. The nonresidential space will share an entry vestibule with the residential floor area above at the second and third Zoning Administrator Resolution No. ZA2018-028 Page 7 of 21 12-21-2017 floors, which will total approximately 1,438 square feet. In addition to the two garage parking spaces, two open and covered parking spaces accessible from Adams Street will be provided for customers and visitors, which is compliant with the live-work parking requirement. b. Unit 2 will have a total of 1,526 square feet in residential gross floor area located on the second and third floors. A two -car tandem carport will be provided, which is compliant with the multi-unit residential parking requirement. c. Unit 3 will have a total of 1,627 square feet in residential gross floor area located on the second and third floors. A two -car tandem carport will be provided, which is compliant with the multi-unit residential parking requirement. 4. The proposed site layout provides efficient vehicular access from Adams Street and an existing alleyway located behind the subject property, accessed from East Balboa Boulevard. Adequate pedestrian access to the building is provided from the streets and alleyway. The Public Works Department has reviewed and approved the site plan, proposed improvements, and parking configuration subject to the conditions of approval. 5. The Project is designed to be consistent with the overarching principles of the Balboa Village Design Guidelines. This will help to ensure compatibility with not only adjacent structures, but with buildings throughout Balboa Village and that are also subject to the same set of guidelines. The proposed redevelopment, including overall site design and architecture, is generally consistent with the guidelines as it adheres to: a. Principle 1 – Maintain and enhance existing Balboa Village Character. The Project has been designed as a three-story building, which steps back on the second and third floors to help maintain pedestrian scale along the East Balboa Boulevard frontage. It will vertically integrate nonresidential uses with residential uses above to create a mixed-use development, which is clearly consistent with the purpose and intent of the MU-V designation and will help create an appropriate mix of uses in the Village. The Project design is composed of gable roofs, flat roofs, and canted roof forms at the two major second story corners, which help to create visual interest. The nonresidential ground floor will have different architectural treatment from the upper residential floors and large, floor-to-ceiling storefront windows with a recessed entryway. b. Principle 3 – Human Scale. The first floor of the Project will be sited immediately adjacent to the East Balboa Boulevard and Adams Street frontages with the upper levels stepping back. The presence of outdoor living areas on the second and third floors adjacent to the street will help to break the vertical plane and keep the development at a human scale. c. Principles 4 and 5 – Quality Architecture and No Incompatible Architecture. The Project proposes a combination of “Two-Part Commercial Block” and “Balboa Beach Cottage” architectural styles, as identified in the Guidelines. Zoning Administrator Resolution No. ZA2018-028 Page 8 of 21 12-21-2017 The architectural treatments will vary intentionally to distinguish the nonresidential space from the residential space. The proposed variations in materials, as well as the variations in the roof plane will help to create an architectural statement. Exterior treatments will include horizontal wood siding and raw, exposed split-block on the ground level. The canted roof structures at each prominent corner are intended to evoke the form of the prow of a sailing ship to pay homage to the nautical history of the Village. d. Principles 6 and 7 – Inviting Streetfronts and Landscaping. The Project includes floor-to-ceiling windows at the streetfront, which will serve to open the façade for viewing and will thereby help to create pedestrian scale and interest. Although opportunities for plantings are limited, the façade will include approximately 240 square feet of sidewalk planter areas with a rhythm of lower and taller plantings. The combination of treatmen ts a the streetfront and the strategic placement of plantings will contribute to the creation of an enhanced streetscape along the East Balboa Boulevard corridor. e. Principle 9 – Views. The Project design respects the setting of the Property and includes 942 square feet of private open space between the units, as well as 476 square feet of common open space. All open space is provided by way of second and third level decks, which will provide private views to the beach and bay. No public views are provided through or across the Property with the current development. Redevelopment of the site will enhance views to the beach and bay along Adams Street through beautification of an underutilized site. f. Principle 11 – Sense of Enclosure. The Project design will serve to define the street space along Adams Street and East Balboa Boulevard by bringing the proposed building to the streetfront property lines. The addition of planting areas adjacent to the sidewalk will further help to create a sense of enclosure while enhancing the pedestrian experience. g. Principle 12 – Mixed-Use. The Project is primarily comprised of a nonresidential use on the ground floor (i.e., a live-work commercial space) with residential units above. This traditional pattern of mixed -use development is encouraged specifically on Village blocks with frontages on East Balboa Boulevard. h. Principles 13 and 14 – Pedestrian Environment and Storefront Design. The Project includes enhancement and improvement of the sidewalk area, as required by the Public Works Department. There will be no obstructions within the sidewalk area. As discussed in response to the preceding principles, the Project will serve to enhance the pedestrian experience along Adams Street and East Balboa Boulevard. Entrances to the nonresidential space at the ground level are framed by structural columns and plantings on either side. The primary entrance is recessed and oriented toward East Balboa Boulevard Zoning Administrator Resolution No. ZA2018-028 Page 9 of 21 12-21-2017 with a secondary entrance provided adjacent to the customer and visitor parking spaces. 6. The subject property is not located at or near a public view point or corridor as identified in the General Plan Figure NR3 (Coastal Views); and therefore, is in compliance with Section 20.30.100 (Public View Protections). See all Facts in Support of Finding B above. 7. The proposed tentative parcel map for condominiums does not change the proposed use or density of the property. Finding: E. Not detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of t he proposed development. Facts in Support of Finding: 1. The proposed development will comply with all Building, Public Works, and Fire Codes, as well as all City ordinances and conditions of approval. 2. The Project has been conditioned to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents. 3. The proposed Project includes four covered parking spaces for the residential units and a two-car garage with two guest or customer spaces for the live-work unit, which complies with the parking requirements, pursuant to the NBMC Section 20.40.040 (Off- Street Parking). 4. The proposed Project design includes adequate common and private open spaces for the live-work and residential units. Tentative Parcel Map In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: F. 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. Zoning Administrator Resolution No. ZA2018-028 Page 10 of 21 12-21-2017 Facts in Support of Finding: 1. The Tentative Parcel Map is for one live-work and two residential condominium purposes. The subject property is presently vacant and is being used for automotive and boat storage. The proposed subdivision and improvements are consistent with the density of the MU-V Zoning District and the General Plan Land Use Designation. 2. The Property is not in a specific plan area. 3. The Project has been conditioned to require public improveme nts, including the construction of an Americans with Disabilities Act (ADA) accessible ramp, the removal of existing driveway approaches on East Balboa Boulevard, and the reconstruction of, existing broken or otherwise damaged sidewalks, curbs, and gutters along the Adams Street and East Balboa Boulevard frontages consistent with the Subdivision Code (Title 19). Finding: G. That the site is physically suitable for the type and density of development. Fact in Support of Finding: The 5,021-square-foot lot is physically suitable for one live-work unit and two residential units, as it exceeds the minimum lot size of 5,000 square feet. The units comply with all development standards inclusive of the Floor Area Ratio (FAR), building setbacks, h eight restriction, parking, and common and private open spaces. Finding: H. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the Project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or Project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. The site is developed with a single-story nonresidential structure and related surface parking areas. It will be improved with the construction of one live-work and two residential units. 2. The property is located in an urbanized area that does not contain any sensi tive vegetation or habitat. Zoning Administrator Resolution No. ZA2018-028 Page 11 of 21 12-21-2017 3. The Project is categorically exempt under Sections 15303 (Article 19 of Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines – Class 3 (New Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions). Finding: I. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Fact in Support of Finding: The Tentative Parcel Map is for residential condominium purposes. All improvements associated with the Project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health issues. Public improvements will be required of the developer per Section 19.28.010 (General Improvement Requirements) of the Municipal Code and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. Finding: J. 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. Fact in Support of Finding: The design of the development will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed development, because there are no public easements located on the property. Finding: K. 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. Zoning Administrator Resolution No. ZA2018-028 Page 12 of 21 12-21-2017 Facts in Support of Finding: 1. The property is not subject to the Williamson Act because the subject property is not designated as an agricultural preserve and is less than 100 acres in area. 2. The site, developed for live-work and residential use, is located within a Zoning District that permits mixed-use projects. Finding: L. That, in the case of a “land project” as defined in Section 11000.5 of the California Business and Professions Code: (1) There is an adopted specific plan for the area to be included within the land project; and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: 1. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this Project site is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Prof essions Code because the Project site does not contain 50 or more parcels of land. 2. The Project is not located within a specific plan area. Finding: M. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Fact in Support of Finding: The Tentative Parcel Map and any future improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building D ivision enforces Title 24 compliance through the plan check and inspection process. Finding: N. 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. Zoning Administrator Resolution No. ZA2018-028 Page 13 of 21 12-21-2017 Fact in Support of Finding: The proposed mixed-use development is consistent with the Mixed-Use Vertical (MU-V) Zoning District which allows three residential units on the property. Therefore, the Tentative Parcel Map for condominium purposes will not affect the City in meeting its regional housing need. Finding: O. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Fact in Support of Finding: The proposed two live-work and residential units will be designed so that wastewater discharge into the existing sewer system complies with the Regional Water Quality Control Board (RWQCB) requirements. Finding: P. 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 (3) of the Coastal Act. Facts in Support of Finding: 1. The Tentative Parcel Map is for one live-work and two residential condominiums. The proposed subdivision and improvements are consistent with the Coastal Land Use Plan designation of MU-V (Mixed-Use Vertical). 2. See all Facts in Support of Finding B above. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-077, Minor Site Development Review No. SD2017- 006, and Tentative Parcel Map No. NP2017 -020, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in co mpliance with Section Zoning Administrator Resolution No. ZA2018-028 Page 14 of 21 12-21-2017 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF MARCH, 2018. _______________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-028 Page 15 of 21 12-21-2017 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Coastal Development Permit No. CD2017-077, Minor Site Development Review No. SD2017-006, and Tentative Parcel Map No. NP2017-020 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The Applicant shall prepare a written disclosure statement prior to sale, lease, or rental of a residential unit in the proposed mixed-use development consistent with Section 20.48.130(H) (Notification to Owners and Tenants) of the Municipal Code. 4. Four covered on-site parking spaces for the residential units shall be provided and maintained at all time. Said covered spaces shall not be enclosed or modified, such that they are no longer substantially open carports. 5. A total of two enclosed on-site parking spaces for the live-work use shall be provided and maintained accessible for parking of two-vehicles in tandem at all times. 6. Prior to certificate of occupancy, the Applicant shall record a deed restriction stating that the commercial space located on the ground floor shall not be leased and/or occupied separately from the above residential unit. 7. Access between the upper-floor residential area and the first-floor commercial space of the live-work unit shall be maintained at all time. 8. At the issuance of building permits, a Fair Share Traffic fee shall be paid for the change in land use consistent with the fee schedule in effect at the time of issuance. 9. Prior to recordation of the Parcel Map, an In-Lieu Park Dedication fee shall be paid for the creation of one live-work and two residential condominium units. 10. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 11. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. Zoning Administrator Resolution No. ZA2018-028 Page 16 of 21 12-21-2017 12. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Site Development Review or the processing of a new Site Development Review. 13. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of building permits. 14. Prior to issuance of building permits, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Site Development Review 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 action and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 15. Prior to the issuance of building permits, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These landscape plans s hall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 16. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 17. The site shall be in compliance with Zoning Code Section 20.30.070. If in the opini on of the Community Development Director, 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. 18. 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. 19. All noise generated by the proposed development 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 time periods unless the ambient noise level is higher: Zoning Administrator Resolution No. ZA2018-028 Page 17 of 21 12-21-2017 Between the hours of 7 a.m. and 10 p.m. Between the hours of 10 p.m. and 7 a.m. 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 20. 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. 21. 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 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 22. All trash shall be stored within the designated areas as approved by Community Development Department and screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 23. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintai ned 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). 24. Storage outside of the building, in the front, side or at the rear of the property shall be prohibited. 25. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of the Clarizio Live-Work Development including, but not limited to Coastal Development Permit No. CD2017-077, Minor Site Development Review No. SD2017-006, and Tentative Parcel Map No. NP2017-020. 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, Zoning Administrator Resolution No. ZA2018-028 Page 18 of 21 12-21-2017 and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department 26. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be a NFPA 13 Commercial system pursuant to California Fire Code (CFC) Section 903.1. 27. A fire flow test shall be determined for the structure pursuant to Fire Department Guideline B.01. 28. A fire alarm system that activates the occupant notification system shall be installed in Group R-2 occupancies where dwelling units or sleeping units are located three or more stories above the lowest level of exit discharge. 29. Single or multiple station smoke alarms shall be installed and maintained in Group R -2 occupancies. 30. All means of egress shall be accessible per California Building Code (CBC) Section 1009. Building Division 31. 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 CBC. 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. 32. The Applicant shall employ the following best available control measures (“BACMs”) to reduce construction-related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off-Site Impacts Zoning Administrator Resolution No. ZA2018-028 Page 19 of 21 12-21-2017 • Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non-peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer. 33. Prior to the issuance of grading permits, a Geotechnical Report shall be submitted for the review and approval by the Building Division. 34. Prior to issuance of grading permits, the Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed Project, subject to the approval of the Building Division, 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. Public Works 35. 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. 36. 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 Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 37. The Owners shall dedicate for street purposes a 10 -foot radius corner cut-off at the corner of Adams Street and East Balboa Boulevard. 38. All improvements shall be constructed as required by Ordinance and the Public Works Department. Zoning Administrator Resolution No. ZA2018-028 Page 20 of 21 12-21-2017 39. The Applicant shall construct a 5-foot-wide concrete sidewalk (including top of curb) per City Standard STD-180-L along the Adams Street frontage. An easement for street and sidewalk purposes shall be granted to the City for all portions within private property. A 4-foot-wide minimum Americans with Disabilities Act (ADA) compliant pedestrian path shall be provided around the proposed new driveway on Adams Street. A pedestrian easement shall be provided to the City. 40. The unused driveway approaches along East Balboa Boulevard shall be plugged per City Standard STD-165-L. New decorative sidewalk shall match the adjacent decorative sidewalk to the satisfaction of the Public Works Inspector. 41. Curb drains shall be installed per City Standard STD-148-L. 42. An ADA compliant curb ramp per City Standard shall be installed at the corner of Adams Street and East Balboa Boulevard. 43. The Edison vents along the Adams Street frontage shall be relocated to accommodate the proposed new driveway. 44. No above ground improvements shall be installed within the 10 -foot alley setback. The 10-foot alley setback shall be constructed of drivable surface. 45. Each unit (one live-work unit [nonresidential and residential] and two residential units) shall be served by its individual water meter, sewer lateral and cleanout. Each water and sewer cleanout shall be installed with a traffic-grade box and cover. Water meter and the sewer cleanout shall be located within the public right-of-way. 46. An encroachment permit shall be required for all work activities within the public right - of-way. 47. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of Public Works Inspector. 48. All on-site drainage shall comply with the latest City Water Quality requirements. 49. All unused water services to be abandoned shall be c apped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at the 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. 50. No structural encroachments, including but not limited to foundations and projections, are permitted within the public right-of-way or easement areas. Zoning Administrator Resolution No. ZA2018-028 Page 21 of 21 12-21-2017 51. The Applicant shall be responsible for the reconstruction of the existing broken and/or otherwise damaged concrete curb, gutter and sidewalk along the East Balboa Boulevard and Adams Street frontages.