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HomeMy WebLinkAboutPA2021-260_20220207_SDR-Findings1 | Page Site Development Review Community Development Department Planning Division 100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)644-3204 Telephone / (949)644-3229 Facsimile www.newportbeachca.gov General Information [Applicant’s (Golf Realty Fund) supplemental response to January 12, 2022 package – As amended and updated 01-15-2022] Pursuant to 20.52.080 of the Zoning Code the purpose of a Site Development Review is to provide a process for the review of specific development projects in order to: 1. Ensure consistency with General Plan policies related to the preservation of established community character, and expectations for high quality development; 2. Respect the physical and environmental characteristics of the site; 3. Ensure safe and convenient access and circulation for pedestrians and vehicles; 4. Allow for and encourage individual identity for specific uses and structures; 5. Encourage the maintenance of a distinct neighborhood and/or community identity; 6. Minimize or eliminate negative or undesirable visual impacts; 7. Ensure protection of significant views from public right(s)-of-way in compliance with Section 20.30.100 (Public View Protection); and 8. Allow for different levels of review depending on the significance of the development project. A Site Development Permit shall be required before the issuance of a Building or Grading Permit for any new structure identified in the following table: [Applicant acknowledges these requirements] Type of Construction Role of Review Authority (1) (2) (3) Zoning Administrator (Minor Review) Planning Commission (Major Review) Residential Construction: 5 to 20 dwelling units, without a tentative or parcel map. Decision Appeal Residential Construction: 5 or more dwelling units with a tentative or parcel map and 21 or more dwelling units, without a tentative/parcel map. Decision Residential Construction: On a bluff, an increase in the boundaries of a development area in compliance with the findings in Section 20.28.040 (Bluff Overlay District). Decision Mixed-Use Projects: 1 to 4 dwelling units and nonresidential construction of up to a maximum of 9,999 square feet of gross floor area. Decision Appeal Mixed-Use Projects: 5 or more dwelling units and/or nonresidential construction of 10,000 square feet or more of gross floor area. Decision Nonresidential Construction: 10,000 to 19,999 square feet of gross floor area. Decision Appeal Nonresidential Construction: 20,000 square feet or more of gross floor area. Decision Height Limit Increase: Increase in maximum allowed height limit in compliance with findings in Subsection 20.30.060. (Increase in height limit). Decision MU-W1 Zoning District: All new development, additions, and exterior remodeling. Decision Appeal Note: (1) "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 20.64 (Appeals). (2) The Zoning Administrator may defer action and refer the request to the Commission for the final decision. (3) If a Site Development Permit requires Zoning Administrator review, but also requires another discretionary application that requires Planning Commission Review, the Planning Commission shall be the review authority for any and all the applications. Site Development Review [Apa 2 | Page Justification and Required Findings [Applicant acknowledges these requirements. Please see the Statement of Facts in Zoning Administrator Resolution No. ZA2018-130 attached.] Pursuant to 20.52.080 F., the review authority may approve or conditionally approve a Site Development Review application, only after first finding all of the following: 1. Allowed within the subject zoning district; The NBCC Tennis Property (3-11 Clubhouse Drive, formerly 1602 East Coast Highway) is a Sub-Area located within the PC-47 (Newport Beach Country Club) Planned Community Zoning District which allows and is approved for visitor serving hotel units (referenced as Bungalows & Lofts), The Tennis Club, Fitness and Spa uses, and 5 residential units. After the amendment to the NBCC Tennis Property Sub-Area of Newport Beach Country Club Planned Community District (PC-47), replacing 3 single family homes with 3 residential condominiums and 14 Bungalow/Loft hotel units plus some additional square footage for hotel office, yoga pavilion and performance therapy, the proposed “Site Development” is allowed within the subject Planned Community Zoning District. 2. In compliance with all of the following applicable criteria: a. 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. 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. The Coastal Land Use Plan designates the NBCC Tennis Property as Mixed-Use Horizontal/Parks and Recreation (MU-H/PR). Policy 2.1.8-1 of the Coastal Land Use Plan allows the horizontal intermixing of hotel units and residences with the expanded tennis club facilities on this site (formerly known/referenced as the Balboa Bay Tennis Club). Permitted uses include those permitted by the MU-H and PR land use designations. A complete consistency analysis of each of the applicable Coastal Land Use Plan policies is included in Table 11 of the Land Use and Planning Section of the previously adopted Mitigated Negative Declaration (MND), pages 82 through 87. In summary, the proposed project is consistent with the Coastal Land Use Plan. The MU-H/PR coastal land use designation identifies a maximum density/intensity limit of 1.5 floor area ratio (FAR), with a minimum FAR of 0.25 and a maximum FAR of 0.5 for retail uses and a maximum of 1.0 for residential. The project proposes 47,190 square feet of nonresidential floor area (0.32 FAR) for the Bungalow/Loft hotel units, concierge & guest center, and spa, and five residential dwelling units totaling 20,653 square feet (0.14 FAR). The proposed density amendment of the hotel and residential units comply with the FAR limitations identified in the Coastal Land Use Plan. b. 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. To achieve a cohesive harmonious relationship between structures and various areas, (i) the Bungalows adjacent to the 9th green and facing the Golf Clubhouse are one-story, (ii) the Tennis Clubhouse parking lot takes primary access off Newport Center Drive, (iii) the tennis courts are located on the other side of the Loft building from the golf course, (iv) the Site Development Review [Apa 3 | Page architecture within Newport Beach Country Club Planned Community District is a collection of California styles. The Golf Clubhouse is Californian Craftsman, the Bungalows are an updated version of Wallace Neff Californian Mediterranean architecture with Torrance Steel windows and Gladding McBean roof tile, and the Loft Buildings are more California Coastal contemporary. In addition, all structures will incorporate various materials that will relate to each other. c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; The property is part of the 145-acre PC-47 (Newport Beach Country Club Planned Community) Coastal zoning district, which has been adopted to regulate development within the subject property and the Golf Club Site and is in conformance with the Coastal Land Use Plan designation pursuant to Section 21.26.055 (S)(2) of the Local Coastal Program. The proposed amendment to the approved project and minor accessory structures as identified on the project plans conform to all applicable development standards in the Planned Community text. d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; Please see Civil and Site Improvement Plans as submitted again by the Applicant on January 12, 2022. e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and Complete and final landscape plans were attached in the January 12, 2022 submittal. The Landscape Plans submitted incorporate a hierarchy of landscape materials, including mature trees, shrubs, and ground cover in a thematic approach to ensure that the aesthetic integrity of the site is maintained, and the character complements the coastal character of the coastal zone within which the site is located. In particular, a variable setback along East Coast Highway will be landscaped and bermed to soften and aesthetically enhance and screen the parking lot and to provide enhanced views into the site to provide a greater buffer between the park and residential development located to the south, across East Coast Highway. f. The protection of significant views from public right(s)-of-way and compliance with Section 20.30.100 (Public View Protection). The protection of significant views from public right(s)-of-way and compliance with Section 20.30.100 (Public View Protection). The project site is not located between the nearest public road and the sea or shoreline. The project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. Vertical access to Newport Bay is available via existing public access at 1601 Bayside Drive, which is located approximately 1,600 feet southwest of the subject property. Coastal Land Use Plan, Policy 4.4.1-6 and Figure 4-3 (Coastal Views) identify the closest public view road as Newport Center Drive, located approximately 170 feet east of the project site and the closest public viewpoint as Irvine Terrace Park, located 525 feet south of the project site. Coastal views from these view corridors and viewpoints are directed toward the Newport Bay and the Pacific Ocean. Since the proposed project is located to the north of Irvine Terrace Park, the proposed project will not affect coastal views due to its Site Development Review [Apa 4 | Page orientation. From Newport Center Drive, there is a 0 to 40-foot grade difference to the project area below. The maximum height allowed under the Planned Community Development Plan is 39 feet for the 2 single-family villas and 30 feet for the Tennis Club, 31 feet for the 19 bungalows and 50 feet for the loft buildings. (The Newport Beach Country Club is permitted to have a height of 50’ for the clubhouse.) Therefore, the majority of the project would sit below the existing grade elevations along Newport Center Drive, minimizing the visibility of the project site and would not obstruct public coastal views. During construction, construction equipment would be obscured by vegetation and the grade differential so it would not obstruct coastal views from motorists traveling along Newport Center Drive. The project will not impact coastal views. 3. 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 the proposed development. All significant environmental concerns for the proposed project were addressed in the adopted Mitigated Negative Declaration No. ND2010-008 (PA2005-140), State Clearinghouse No. 20100091052, per City Council Resolution No. 2012-9 (MND). This environmental determination was confirmed by the Zoning Administrator following a public hearing on November 20, 2018. Since the adoption of the MND in 2012, no substantial changes have occurred with respect to the circumstances under which the MND was adopted and no substantial changes to the environmental setting of the project or the project itself have occurred except for traffic matters which were addressed by the Applicant’s supplemental filing on January 12, 2022. In addition, the applicant has supplemented the public record with an updated Water Quality Management Plan. No new information of substantial importance has become available with regard to environmental effects since no new information relating to significant effects or mitigation measures have become available. Thus, the project does not require additional environmental review pursuant to the California Environmental Quality Act (CEQA). Copies of the previously prepared environmental document are available for public review and inspection at the Community Development Department or at the City of Newport Beach website at www.newportbeachca.gov/ceqadocuments. Application Requirements [Please see Applicant’s January 12, 2022 submittal for these additional deliverables] 1. A completed Planning Permit Application for a Site Development Review (attached); 2. Project Description and Justification A written statement describing the proposed project in detail. This document will serve as the formal statement to the approving authority on what the project is and why it should be approved. Please include any relevant information which supports the application and the required findings pursuant to Section 20.52.080 F., which are noted above. 3. Public Noticing Requirements. Please refer to the Planning Division’s handout on Public Noticing Requirements for more information on the application materials required for a public hearing. 4. Plans Site Development Review applications must be accompanied by one (1) full size and four (4) reduced to 11” x 17” (with details itemized on 8 ½“x 11” sheets if necessary) sets of plans. Please include the plot/site plans, Site Development Review [Apa 5 | Page floor plans, and elevations indicating existing and proposed conditions. The plot plans must display the entire property, property lines, adjacent streets, and existing and proposed buildings/structures with emphasis on the request. Please draw plans to scale and show all necessary dimensions to give a true and clear picture of the existing and proposed conditions. Provide exterior elevations of all existing and proposed structures. Each set of plans must be collated, stapled, and folded to a maximum size of 8½" x 14". 5. Filing Fee A filing fee is required at the time of filing to partially defray the cost of processing and other expenses. The Planning Department will advise you of said fee. 6. Electronic Copy All of the above submittal items are required to be submitted in electronic format (i.e., CD, Dropbox or Email) as determined by the Planning Department prior to application submittal.