HomeMy WebLinkAboutPA2022-0166_20220811_Project Description1NEWPORT VILLAGE PROJECT DESCRIPTION AND JUSTIFICATION
Newport Village Project Description
The proposed Newport Village project is a mixed-use development designed to be consistent with
and implement the City’s General Plan and Local Coastal Program. As described in greater detail below,
the project site is comprised of two parcels (1) the North Parcel and (2) the South Parcel. Together, the
project parcels total approximately 9.4 acres along West Coast Highway within the City’s Mariners’ Mile
Corridor. The residential component of the project would consist of 198 total residential units, comprising
approximately 273,710 square feet including nine affordable units (5% of the base units) set aside for
very low-income households. With the nine affordable units, the project is entitled to a 20% density
bonus as well as incentives, concessions, and waivers under both the Newport Beach Municipal Code
(“NBMC”) and state Density Bonus Law (“DBL”). Of the 198 total units, the project proposes 17 for-sale
condominium units (all three-bedroom) and 181 for-rent apartment units (34 studios, 84 one-bedroom,
and 63 two-bedroom).
The commercial component of the project would consist of 63,285 square feet, consisting of
20,690 gross square feet of general retail uses, 22,285 gross square feet of food and beverage uses
(restaurant/café), and 20,310 gross square feet of office area. Within these totals are 8,100 existing square
feet of commercial uses to be converted to restaurant and 17,000 square feet of existing office to remain.
The project includes 848 parking spaces across the project site, which is 97 more spaces than are
required for density bonus projects by the NBMC and DBL. There would be 358,260 square feet of
parking garage area.
The project is within the Coastal Zone and is subject to the City’s Local Coastal Program. The
project’s parcels, although part of an integrated project design, have separate General Plan designations
and zoning. The North Parcel is designated as Mixed Use Horizontal 1 (MU-H1) by the General Plan,
Mixed-Use Horizontal (MU-H) in the Coastal Land Use Plan, and is zoned Mixed Use Mariners’ Mile
(MU-MM). The South Parcel is designated as Mixed-Use Water 1 (MU-W1) by the General Plan, Mixed
Use Water Related in the Coastal Land Use Plan, and is zoned Mixed Use Water (MU-W1). These
designations and zoning permit development and uses that facilitate the creation of a cohesive
development project that includes, among other things, open spaces and pedestrian connections.
North Parcel
Site Area Development Summary Parking
231,400 square feet
Residential: 209,565 square
feet, 181 apartment units
Retail and Restaurant:
21,210 square feet
Office: 17,000 square feet
(to remain)
526 total spaces
South Parcel
Site Area Development Summary Parking
177,900 square feet
Residential: 64,145 square
feet, 17 condominium units
Retail and Restaurant:
21,765 square feet (8,100
existing square feet
converted to restaurant)
Office: 3,310 square feet
322 total spaces (valet
incorporated to increase parking
efficiency for retail/restaurant
uses)
The project’s proposed use mix is consistent with the General Plan’s vision for the area, which is
identified as to be developed with highway-oriented retail and marine-related commercial uses. The area
surrounding the project site includes various uses, such as the Holiday Inn Express Newport Beach, retail
and restaurant business, marine-related uses, Lower Newport Harbor, as well as residential uses above the
North Parcel. The heights of the surrounding development varies with the six-story Balboa Bay Resort is
located approximately 750 feet southeast of the project site and both 3121 and 3333 West Coast Highway
exceeding five stories.
The South Parcel would be developed with retail, restaurant, and office uses on the garage and
first floors, which would invite pedestrian use of the project site’s waterfront location. The project
proposes three new structures on the South Parcel: (1) a three-story parking structure located at the
western property line, (2) a single-story, split-level retail structure over below-grade parking in the center
of the site, and (3) a three-story mixed-use building including residential, office, retail and dining, and
partially below-grade parking. The existing 8,100 square foot commercial space currently occupied by the
A’Maree’s boutique would remain and be entitled for a future restaurant use.
The proposed South Parcel structures are strategically located and designed to encourage
pedestrian activity, especially on the waterfront. A coastal access easement would be reserved for
pedestrian access across the South Parcel’s Newport Bay frontage and pedestrian walk, as well as through
the interior of the South Parcel. The South Parcel also includes waterside facilities designed to stimulate
active use of Newport Bay, including docks, a pedestrian walk, and outdoor dining. To that end, the
project also proposes modifications to the existing marina, including new headwalls and revised slip
layout.
The North Parcel has been designed such that the retail/restaurant buildings along West Coast
Highway and the mixed-use building’s retail/restaurant spaces form a pedestrian friendly village-like
retail atmosphere, complete with outdoor dining and plantings to enhance the pedestrian experience. To
that end, the North Parcel would also have an access easement over the pedestrian-accessible spaces along
the West Coast Highway frontage and through the retail and restaurant spaces located adjacent to West
Coast Highway.
Collectively, the North and South Parcels provide approximately 52,746 square feet of publicly
accessible open space, comprised of 23,804 square feet on the North Parcel and 28,942 square feet on the
South Parcel. This open space, which is provided as a public benefit, serves to facilitate pedestrian
movement and connectivity to Newport Bay.
The project would be constructed consistent with the California Building Code, including energy
efficiency requirements, and includes the incorporation of solar photovoltaic arrays on the rooftops of
buildings on both the North and South parcels to offset energy demand from the proposed uses.
The Newport Village project provides an overall aesthetic approach rooted in the visual
characteristics of the Mariners’ Mile marine-oriented history, but is also executed and detailed in a
manner that looks towards the future and revitalization of Mariners’ Mile. The buildings employ a variety
of materials – including painted shiplap siding, ‘varnished’ natural wood, and metal panels – which are
often used in marine climates. The site uses a common, muted, color palette which makes use of off-
whites, warm greys, and neutral wood tones to complement the surrounding natural and built context. The
strategic arrangement of the buildings on the project site allows for sightlines to the channel from offsite
locations. The residential and commercial components of the project are visually distinct, reinforcing the
pedestrian accessibility of the project site. The project’s buildings range in height, but would not exceed a
maximum of 35 feet, as allowed by the City’s certified Local Coastal Program.
The project, which includes affordable units pursuant to the state DBL, requests three
development standard waivers:
1. Waiver of Minimum Commercial FAR: the project is unable to dedicate the land area
needed to provide the minimum commercial square footage and associated parking while
providing the necessary housing.
2. Reduce North Parcel Private Open Space Requirement: the project seeks to reduce the
private open space requirement for 27% of the units on the North Parcel. These non-
complying units either provide open space that does not completely meet the minimum
area or dimensions, or does not have direct access to private open space. The project, as
proposed, satisfies the private open space requirements for the South Parcel, as well as
common residential open space for both parcels.
3. Removal of 100-Foot Residential Setback From WCH for the North Parcel: removing the
100-foot residential setback on the North Parcel allows site area for additional housing
without adding more project height. The project does not propose locating ground floor
residential within the 100-foot setback area.
Site Development Review (NBMC Section 20.52.080)
The project requires site development review.
Finding 1
The proposed development is allowed within the subject zoning district.
Facts in Support of Finding
1. The mix of proposed uses, including residential, commercial, and office uses are permitted in both the
MU-MM and MU-W1 coastal zoning districts.
2. The project seeks minor waivers from applicable development standards, to which it is entitled
pursuant to the state’s DBL. Even with these waivers, the project is consistent with the applicable
zoning which permits mixed-use developments that incorporate nonresidential uses with residential
uses in a manner that furthers the General Plan and the Coastal Land Use Plan (“CLUP”).
3. The project complies with the general goals of establishing commercial uses on the West Coast
Highway frontage on the ground floor and located such commercial spaces strategically with open
spaces and paseos to facilitate pedestrian access and activity along West Coast Highway and the
frontage along Newport Bay.
4. The provision of additional housing beyond what would be permitted without application of the DBL
will assist in achievement of the City’s Regional Housing Needs Assessment (“RHNA”) allocation
and implement the goals of the City’s recently-approved Housing Element.
Finding 2
The proposed development is in compliance with all of the applicable criteria identified in subsection
(C)(2)(c) of Section 20.52.080.
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.
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.
c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and
adjacent developments and public areas.
d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles,
driveways, and parking and loading spaces.
e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient
plant and irrigation materials.
f. The protection of significant views from public right(s)-of-way and compliance with Section
20.30.100 (Public View Protection).
Facts in Support of Finding
1. The mixed-use project is consistent with applicable zoning and the General Plan, both of which
designate the project’s parcels for a mixture of commercial, residential and office uses. No
amendments to the City’s General Plan or Local Coastal Program are requested or required. The
project site is not within an adopted Specific Plan or Planned Community.
2. The North Parcel will be developed primarily with highway-oriented commercial uses along the West
Coast Highway frontage, with residential uses above and behind the commercial spaces. The project
does not propose to locate ground floor residential uses within 100 feet of the North Parcel’s West
Coast Highway frontage.
3. The South Parcel proposes uses consistent with the MU-W1 designation, including marine-related,
visitor-serving and commercial uses on the ground floor and residential uses on upper floors. A
waterfront walk and a variety of retail and restaurant spaces accessible to the public would extend
over the length of the project’s waterfront.
4. The project facilitates pedestrian connection and activity along the waterfront of Newport Bay,
consistent with the Mariners’ Mile Strategic Vision & Design Framework and the General Plan.
5. The project contributes to the creation of a corridor that reflects that takes advantage of its location of
the Newport Beach waterfront and exhibits a quality visual image for travelers on West Coast
Highway. (General Plan Goal LU 6.19.)
6. The project integrates residential and non-residential uses, facilitating pedestrian activity within
Mariners’ Mile and consistent with General Plan Policy LU 6.19.8.
7. The project has been designed as a unified development that facilitates pedestrian accessibility
through the incorporation of open spaces, walkway, landscaping, and other amenities. These features
facilitate access to and use of Newport Bay while complementing the aesthetic character of the
Mariners’ Mile area.
8. The height, bulk, and scale of the project’s buildings, which would be varied to create articulation but
would not exceed 35 feet (as allowed by the Local Coastal Program) and are comparable to the
building heights of nearby properties, which range from single, two- and three-story buildings (e.g.,
the Holiday Inn Express, 2801-2901 West Coast Highway) to structures that are more than five
stories in height (e.g., 3121 West Coast Highway, 3333 West Coast Highway, and the Balboa Bay
Club).
9. The buildings are designed to provide variation and consistency with the area’s maritime history,
including the use of low-slung structures, with forms that reference boatyard vernacular,
incorporation of existing buildings into the overall project, and use of wood shingles, lap siding,
board formed concrete, and vertical standing seam metal siding. The residential portions of the
project are visually unique from the commercial uses.
10. The project’s orientation and design, which integrates multiple points of visual and physical
pedestrian access to the Newport Bay waterfront, creates a cohesive connection between the North
and South parcels.
11. Areas of the project site not planned for building construction include extensive landscaping,
including approximately 52,746 square feet of publicly-accessible open space. The project’s
perimeter and street landscaping will complement the street tree pattern, enhance the pedestrian
experience, and soften the view of the building facades.
12. Project buildings would be lower than the adjacent bluff-top residences and would replace the
existing boat sales parking lot on the North Parcel with an attractive, marine-oriented development.
13. West Coast Highway would be improved with cohesive landscaping and an enhanced pedestrian
walkway which would invite pedestrian activity.
14. Project parking would be partially obscured from public views through location and strategic design
amenities.
15. The project will enhance the pedestrian sidewalks along project site West Coast Highway frontages
for both the North and South parcels, and proposes through-site public connections that will connect
future residents, tenants, and pedestrian visitors to the parcels. The project will facilitate vehicle
independence and pedestrian use of nearby resources.
16. The project’s access and drop-off locations are located to promote safe and efficient access to the
project site and recognize the growing prevalence of ride-share services (e.g., Uber and Lyft).
Appropriate sight distances are provided at ingress and egress locations.
17. The project’s parking areas, access points, and on-site circulation are designed to provide adequate
drive aisles and minimum vehicle turning areas to provide safe access for residents, guests,
emergency vehicles, and refuse collection.
18. The project proposes 848 parking spaces across the project site, which is 97 more spaces than
required for density bonus projects by the NBMC and the DBL.
19. The project is subject to the City’s Water-Efficient Landscape requirements, and compliance will be
confirmed at plan check prior to issuing building permits.
20. The project’s residential component provides a number of common open space areas, including pools
and decks, as well as private outdoor space for use by residents.
Finding 3
The project is not detrimental to the harmonious and orderly growth of the City, nor endangers,
jeopardizes, or otherwise constitutes a hazard to the public convenience, health, interest, safety, or
general welfare of persons residing or working in the neighborhood of the proposed development.
Facts in Support of Finding
1. The project was designed to be consistent with the City’s General Plan and certified Local Coastal
Program and ensures that potential conflicts with surrounding land uses are minimized to the extent
possible to maintain a healthy environment for both business and residents. To achieve this, the
project proposes thoughtful architecture with articulation and building elements that enhance the
urban environment and implement the nautical themes associated with the history of the area.
2. The project’s buildings were designed to accommodate and provide safe access for emergency
vehicles, delivery trucks, and refuse collection vehicles, as well as pedestrians and residents.
3. The existing residential homes adjacent to the North Parcel would be buffered from the project’s
commercial uses along West Coast Highway by the project’s proposed residential uses to be located
above and behind the commercial frontage. This, along with the Cliff Drive properties physical
separation (both horizontal and vertical) from the project would minimize any potential conflicts
between the proposed commercial uses and existing residences, including with respect to light and/or
noise.
4. All trash storage and pick-up will be consistent with the requirements of NBMC Section 20.30.120
(Solid Waste & Recyclable Materials Storage), ensuring compatibility with the on-site and adjacent
uses.
5. The project redevelops existing lots and introduces new residents, commercial, and office uses into
the Mariners’ Mile area with the intent of creating a resident and pedestrian-friendly environment
close to jobs, commerce, entertainment, and recreation.
6. While the project would generate new sources of light, the project site is currently developed with
existing uses that generate light. And, the project site is within Mariners’ Mile, which is an urban
corridor of the City. All exterior project lighting is required to comply with NBMC Section
20.30.070, which mandates that all outdoor lighting fixtures be designed, aimed, located, and
maintained to shield adjacent properties from light spillage.
7. The project does not introduce uses that involve the use or manufacture of any hazardous substances
that could impact nearby development or natural resources, such as the bay. Project construction
would comply with all applicable laws and regulations governing handling and disposal of any
hazardous materials that may be discovered during construction.
8. The project’s construction will comply with all Building, Public Works, Fire Codes, City ordinances,
and all conditions of approval.
9. All mechanical equipment for the project will be screened from public view and to lessen noise
impacts on surrounding uses.
Height Increase Findings (NMBC Section 21.30.060.C(3))
The project would be constructed to a maximum height of 35 feet, which requires the approval of
a minor height increase. The height increase is necessary to achieve the housing density sought, along
with the inclusion of commercial spaces, open space areas, and other public amenities that will make the
project a pedestrian destination.
Finding 1
The project applicant is providing additional project amenities beyond those that are otherwise required.
Examples of project amenities include, but are not limited to:
a. Additional landscaped open space.
b. Increased setback and open areas.
c. Enhancement and protection of public views.
Facts in Support of Finding
1. The project provides approximately 52,746 square feet of publicly-accessible open space across both
parcels. The open space includes a pedestrian walkway adjacent to Newport Bay, as well as internal
paseos with landscaping that creates a pedestrian-friendly experience and establishes a connection to
Newport Bay.
2. The existing site is developed and there are only very limited views of the bay from West Coast
Highway. The existing development does not include a publicly accessible boardwalk or other
amenities. The project is designed strategically to provide viewshed opportunities through the site
from West Coast Highway to Newport Bay. This not only enhances the driver experience on West
Coast Highway but also the pedestrian experience within the project site.
3. The project’s bayside walk will facilitate Newport Bay access and usage.
Finding 2
The architectural design of the project provides visual interest through the use of light and shadow,
recessed planes, vertical elements, and varied roof planes.
Facts in Support of Finding
1. The buildings are designed to provide variation and consistency with the area’s maritime history,
including the use of low-slung structures, with forms that reference boatyard vernacular,
incorporation of existing buildings into the overall project, and use of wood shingles, lap siding,
board formed concrete, and vertical standing seam metal siding. The residential portions of the
project are visually unique from the commercial uses.
2. The design is inspired by a merging of yacht design and boatyard design – utilizing sophisticated
materials and traditional forms. The residential buildings are lighter in tone and quieter in form with
flat roofs, picture windows, and balconies.
3. The project’s design approach is established from the use of low-slung structures, with forms that
reference boatyard vernacular.
4. The expressive architecture and form variation reduces massing to fit within the context of the
surrounding area. The buildings are strategically oriented to forge connections to both the West Coast
Highway commercial corridor and Newport Bay.
5. The project’s outdoor dining and publicly accessible open space invite pedestrian activity throughout
the project site, including along the Newport Bay waterfront.
Finding 3
The increased height will not result in undesirable or abrupt scale changes or relationships being created
between the proposed structure(s) and existing adjacent developments or public spaces. Where
appropriate, the proposed structure(s) provides a gradual transition to taller or shorter structures on
abutting properties.
Facts in Support of Finding
1. The buildings vary in height. The 35-foot height is consistent with other buildings in the Mariners’
Mile area and located a short distance away (850 to 1,600 feet from the project site), such as 3121
West Coast Highway, 3333 West Coast Highway, and the Balboa Bay Club, which exceed five
stories.
2. Adjacent residential uses are physically separated and elevated from the project site by the natural
topography. The project was designed to minimize visual impacts to area residences.
Finding 4
The structure will have no more floor area that could have been achieved without the approval of the
height increase.
Facts in Support of Finding
1. The project would not exceed the maximum FAR imposed by the General Plan and NBMC.
Tentative Tract Map Findings (NBMC Section 19.12.070)
The project would merge the existing lot lines of the parcels and would subdivide the South
Parcel to accommodate the residential condominium units.
Finding 1
That the proposed map and the design or improvements of the subdivision are consistent with the General
Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this
Subdivision Code.
Facts in Support of Finding
1. The subdivision is consistent with the MU-W1 (South Parcel) and MU-H1 (North Parcel)
designations, as well as the MU-MM (South Parcel) and MU-W1 (North Parcel) coastal zoning
districts.
2. The subdivision would allow the development of a diverse mixture of residential, office, and
commercial uses, consistent with the goals of the General Plan and CLUP which intend the area to be
a mixed-use, pedestrian-oriented area. The project design also focuses heavily on creating a
pedestrian-friendly environment that focuses on Newport Bay and open space as a means to create a
coastal-village atmosphere.
3. The Tentative Tract Map is consistent with Title 19 of the NBMC and applicable requirements of the
Subdivision Map Act.
Finding 2
That the site is physically suitable for the type and density of development.
Facts in Support of Finding
1. The approximately 9.4-acre site is sufficient to accommodate the project’s 198 dwelling units and
63,285 square feet of commercial uses, and provides appropriate area to establish the public benefit
amenities that will serve both the project and the City, including the waterside walk, pedestrian
paseos, and other open spaces.
2. The project requests a density bonus to increase the total number of dwelling units and waiver of
specific development standards. Even with the waivers and increased density, the project is scaled
and designed consistent with surrounding area and topography to avoid external impacts, including
providing more parking than required by the NBMC, enhanced pedestrian access, building
articulation and sloped and pitched roofs to create diversity of forms.
3. The project site is adjacent to Newport Bay and the project proposes uses and amenities that will
create a pedestrian-oriented and activated area that emphasizes connection to Newport Bay and the
area’s nautical history.
4. West Coast Highway, a major thoroughfare, provides appropriate access to the project site.
5. The properties adjacent to the project site include commercial and office uses, and residential uses to
the north and east. The residential uses are located on an elevated bluff and are physically separated
and elevated from the project site by a natural feature. The project was designed to minimize visual
impacts to area residences.
Finding 3
That the design of the subdivision or the proposed improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However,
notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if
an environmental impact report was prepared for the project and a finding was made pursuant to Section
21081 of the California Environmental Quality Act that specific economic, social or other considerations
make infeasible the mitigation measures or project alternatives identified in the environmental impact
report.
Facts in Support of Finding
1. [To be drafted following preparation of the project’s EIR.]
Finding 4
That the design of the subdivision or the type of improvements is not likely to cause serious public health
problems.
Facts in Support of Finding
1. [To be drafted following preparation of the project’s EIR.]
Finding 5
That the design of the subdivision or the type of improvements will not conflict with easements, acquired
by the public at large, for access through or use of property within the proposed subdivision. In this
connection, the decision making body may approve a map if it finds that alternate easements, for access
or for use, will be provided and that these easements will be substantially equivalent to ones previously
acquired by the public. This finding shall apply on to easements of record or to easements established by
judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to
determine that the public at large has acquired easements for access through or use of property within a
subdivision.
Facts in Support of Finding
1. The project proposes public improvements consisting of sidewalks and street frontages along West
Coast Highway, consistent with the NBMC. The improvements are designed to facilitate access and
traffic flow.
2. The project will relocate infrastructure and improvements as needed to accommodate the project and
ensure continued service to the surrounding community.
Finding 6
That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is
subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson
Act), the resulting parcels following a subdivision of the land would not be too small to sustain their
agricultural use of the subdivision will result in residential development incidental to the commercial
agricultural use of the land.
Facts in Support of Finding
1. The project site does not contain prime farmland, unique farmland, or farmland of statewide
importance and no portion of the project site is covered by a Williamson Act contract.
Finding 7
That, in the case of a “land project” as defined in Section 11000.5 of the California Business and
Professions Code: (1) There is an adopted specific plan for the area to be included within the land
project; and (2) the decision making body finds that the proposed land project is consistent with the
specific plan for the area.
Facts in Support of Finding
1. Business and Professions Code Section 11000.5 was repealed by the state Legislature. However, this
project site is not considered a “land project” as previously defined in Section 11000.5 because the
project does not contain 50 or more parcels of land nor is it located within the boundaries of a specific
plan.
Finding 8
That solar access and passive heating and cooling design requirements have been satisfied in accordance
with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
Facts in Support of Finding
1. The Tentative Tract Map and project improvements are subject to Title 24 of the California Building
Code, which requires new construction to meet minimum heating and cooling efficiency standards
depending on location and climate.
2. The project incorporates solar photovoltaic arrays on both North and South parcels building rooftops
to offset project energy demand.
Finding 9
That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of
the California Government Code regarding the City’s share of the regional housing need and that it
balances the housing needs of the region against the public service needs of the City’s residents and
available fiscal and environmental resources.
Facts in Support of Finding
1. There are no existing dwelling units on the project site. The project proposes the construction of 198
dwelling units, nine of which would be deed restricted for very-low income households. These units
will aid in the achievement of the City’s RHNA obligation. The applicant will be required to pay all
applicable impact fees to ensure that it would not impact the ability to provide needed public services
throughout the City.
Finding 10
That the discharge of waste from the proposed subdivision into the existing sewer system will not result in
a violation of existing requirements prescribed by the Regional Water Quality Control Board.
Facts in Support of Finding
1. A National Pollutant Discharge Elimination System (“NPDES”) permit is required from the Regional
Water Quality Control Board (“RWQCB”) for the project’s construction activities. A permit is
required for all construction activities that include clearing, grading, and/or excavating that disturb at
least one acre of total land area, and requires the implementation of BMPs to minimize runoff.
2. A Water Quality Management Plan is also required to be approved and the project incorporates water
management and quality control mechanisms as required, including modular wetlands and other
means of controlling and treating runoff.
Finding 11
For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the
certified Local Coastal Program and, where applicable, with public access and recreation policies of
Chapter Three of the Coastal Act.
Facts in Support of Finding
1. The project is consistent with the Mixed-Use Horizontal (MU-H) and Mixed-Use Water Related
(MU-W) designations of the CLUP, and is also consistent with the applicable coastal zoning districts.
2. The CLUP envisions the Mariners’ Mile corridor as “a series of distinct retail, mixed-use, and visitor-
serving centers.” The project contributes to achievement of that vision by providing a mixture of uses,
including retail, restaurant, and other visitor-serving uses, that contribute to a pedestrian-oriented
environment and will serve as a catalyst to bring people to Newport Bay. The project’s open spaces
function as plazas that serve as inviting pedestrian activity centers. (CLUP Policy 2.1.4-7.)
3. The CLUP notes that view and public access corridors shall be provided. The project proposes
approximately 52,746 square feet of publicly accessible open space, coastal access easements, a
waterfront walk, and outdoor dining and accessible retail. (CLUP Policy 3.1.1-17.) The project
includes a significant view corridor through the center of the South Parcel, which is programed for
open space, allowing views of Newport Bay through the site. The project’s building massing and
orientation is designed to create viewshed opportunities through the site. (CLUP Policy 2.1.4-9.) In
this respect, the project provides both vertical and horizontal visual and physical access to Newport
Bay, consistent with the Public Access and Recreation goals and policies of the CLUP and Coastal
Act.
4. The project’s waterfront boardwalk will contribute to the realization of the CLUP’s goal of
establishing a continuous waterfront walkway from Coast Highway/Newport Boulevard Bridge to the
Balboa Bay Club. (CLUP Policies 2.1.4-8 and 3.1.1-22.)
5. The project would retain and enhance existing vessel-launching and berthing facilities. (CLUP Policy
3.3.1-1.)
6. The project site is visible from West Coast Highway, a coastal view road per the Genera Plan. A
public viewpoint is also located northwest of the project site at the Newport Theatre Arts Center. The
project will introduce new development at the South Parcel which is already improved with parking
lots, structure and landscaping that largely obscures views of Newport Bay. The project’s design and
building heights would ensure continued visual connection with Newport Bay.
Coastal Development Permit Findings (NBMC Section 21.52.015)
The project is within the Coastal Zone and requires approval of a coastal development permit
(“CDP”).
Finding 1
The project conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding
1. Please refer to the findings above regarding consistency with the Local Coastal Program.
Finding 2
The project 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 project’s waterfront boardwalk will facilitate pedestrian access to and along Newport Bay,
including for people with disabilities.
2. The project would protect existing vessel launching facilities along the project site’s bay frontage by
providing for Duffy Boat rentals and kayak storage, among other things. (CLUP Policies 3.3.1-1 and
3.3.1-2.)
3. The project’s commercial amenities, including outdoor dining and diverse retail within a pedestrian-
friendly space supports access to Newport Bay.
4. The project provides approximately 52,746 square feet of publicly accessible open space. A coastal
access easement would be reserved for pedestrian access across the South Parcel’s Newport Bay
frontage and pedestrian walk, as well as through the interior of the South Parcel. A similar easement
would be reserved within the North Parcel.
5. The structures are strategically located and designed to promote waterfront views and form a
pedestrian friendly village-like retail atmosphere.
6. The project provides parking in excess of that required for density bonus projects pursuant to the
NBMC and DBL, providing greater opportunities for visitors to access the project site and experience
its proximity to Newport Bay.