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HomeMy WebLinkAbout04 - Local Coastal Program Amendments Related to Changing Land Use for the Hanna Residences at 3014 Balboa Boulevard (PA2020-060)Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report October 22, 2024 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: David Lee, Senior Planner - 949-644-3225, dlee@newportbeachca.gov TITLE: Ordinance No. 2024-26 and Resolution No. 2024-76: Local Coastal Program Amendments Related to Changing Land Use for the Hanna Residences at 3014 Balboa Boulevard (PA2020-060) ABSTRACT: At its meetings in February 2023, the City Council adopted an amendment to the General Plan Land Use Element and to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC) to redesignate a property located at 3014 Balboa Boulevard from Neighborhood Commercial (CN) to Two -Unit Residential (R-2). Additionally, the City Council adopted a resolution authorizing submittal of the complementary Local Coastal Program Amendment (LCPA), including amendments to the Coastal Land Use Plan (CLUP) and to Title 21 (Local Coastal Program Implementation Plan) of the NBMC to the California Coastal Commission (CCC). On July 11, 2024, the CCC approved the LCPA as submitted without suggested modifications. For the City Council's consideration are a resolution and an ordinance to amend the CLUP and Title 21, consistent with the CCC's approval. RECOMMENDATIONS: a) Find this amendment exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment and local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program, and further that the exceptions to the Class 3 exemption do not apply; b) Adopt Resolution No. 2024-76, A Resolution of the City Council of the City of Newport Beach, California, Amending the Coastal Land Use Plan of the Local Coastal Program to Change the Land Use Category From Commercial Neighborhood — (0.0 — 0.30 FAR) (CN) to Two Unit Residential — (30.0 — 39.9 DU/AC) (RT-E) for the Property Located at 3014 Balboa Boulevard (PA2020-060); and 4-1 Local Coastal Program Amendments Related to Changing Land Use for the Hanna Residences at 3014 Balboa Boulevard October 22, 2024 Page 2 c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-26, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to Change the Zoning District From Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and to Amend Setback Map S-2B — Balboa Peninsula to Remove a Front Setback Designation Abutting the Side Property Line For the Property Located at 3014 Balboa Boulevard (PA2020-060), and pass to second reading on November 12, 2024. DISCUSSION: The property at 3014 Balboa Boulevard is approximately 3,466 square feet. It is located immediately adjacent to but is not a part of The Landing shopping center. It is improved with a small restaurant building and a two -space surface parking lot. To the southeast, there are three residentially zoned lots that are each developed with two -unit residences. Prior to the current restaurant, the property was developed with a single -unit residence that was constructed in 1902. On November 10, 1986, the City Council approved a change to the land use and zoning designations of the property from "Two -Family Residential" to the "Retail and Service Commercial" (see Figure 1, below). After the change of land use, the former residence was improved and converted for commercial use. I 11 1: Current Commercial Land Use Abutting Residential 0 4 ,2h �9Yf� J_ i ~ 2� J 9 a > a �9 r.^6 o `0_ ( C� h �a. 'Sp♦0 On March 27, 1996, the planning director approved Specialty Food Service Permit No. 46, authorizing a small food use in the existing building. The permit also authorized an outdoor dining area for customers and required two parking spaces for the outdoor dining area. In 2013, a building permit for a tenant improvement was issued for the existing restaurant, known as Sancho's Tacos, which has been operating since that time. 4-2 Local Coastal Program Amendments Related to Changing Land Use for the Hanna Residences at 3014 Balboa Boulevard October 22, 2024 Page 3 Requested Project and Past City Council Action The applicant has requested to demolish the existing restaurant and to construct a new residential structure with two condominiums totaling approximately 3,564 square feet, including a two -car garage and a two -car carport. The following legislative approvals were required to consider the project: a. General Plan Amendment (GPA) — An amendment to the General Plan Land Use Element to change the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT); b. Zoning Code Amendment (ZCA) — An amendment to Title 20 (Planning and Zoning) of the NBMC to change the zoning district from CN to Two -Unit Residential (R-2) and to remove a front setback designation abutting the side property line on Setback Map S-213 - Balboa Peninsula; and c. Local Coastal Program Amendment (LCPA) — An amendment to the CLUP to change the coastal land use category from CN to RT-E, and an amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC to change the Coastal Zoning District from CN to Two -Unit Residential (R-2), as well as an amendment to Setback Map S-213 - Balboa Peninsula to remove a front setback designation abutting the side property line. On February 14, 2023, the City Council adopted Resolution No. 2023-11 to approve the GPA and introduced Ordinance No. 2023-3 to approve the ZCA, which was later adopted on February 28, 2023. The City Council also adopted Resolution No. 2023-12 to submit the complementary LCPA to the CCC for the land use change from neighborhood commercial to two -unit residential. The February 14, 2023, City Council staff report is included for reference (Attachment D). California Coastal Commission Action On July 11, 2024, the CCC approved the LCPA (LCP-5-NPB-23-0019-1, Part C) as submitted (Attachment E). As a result, and pursuant to Coastal Act Section 3015(c), the LCPA is now deemed approved and became a certified part of the City's LCP on July 25, 2024, 10 working days after the date of the CCC meeting; however, full implementation requires adoption of the recommended resolution and ordinance. 4-3 Local Coastal Program Amendments Related to Changing Land Use for the Hanna Residences at 3014 Balboa Boulevard October 22, 2024 Page 4 FISCAL IMPACT: The potential fiscal impacts associated with this matter were previously analyzed as part of the February 14, 2023, materials for the City Council's consideration in conjunction with the requested GPA. A summary of the analysis is provided below for reference. Staff reviewed the restaurant's sales tax information, business license fees, and utility bills. Given the small size of the property and the single restaurant use, the proposed project will not result in a substantial fiscal impact. While the business would be removed, the new residential development will increase property taxes and would incur development impact fees. These include an In -Lieu Park Dedication fee (currently $38,400 per unit) for the increase in two residential units. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the LCPA is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Section 15265(a)(1) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment and local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program. The Class 3 exemption includes the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The exemption includes the construction of a duplex or similar multi -family residential structures totaling no more than four dwelling units. The project includes legislative amendments that involves the future demolition of an existing restaurant and the construction of a two -unit residence. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. NOTICING - The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of the February 14, 2023, City Council hearing where this amendment was originally considered and approved for submittal to the CCC was published in the Daily Pilot and mailed to property owners of record and occupants within a 300-foot radius of the project site, excluding any intervening public right-of-way. Local Coastal Program Amendments Related to Changing Land Use for the Hanna Residences at 3014 Balboa Boulevard October 22, 2024 Page 5 Lastly, pursuant to Section 13515 of the California Code of Regulations, a review draft of the LCP Amendment was made available, and a Notice of Availability was distributed on November 17, 2022, to all persons and agencies on the Notice of Availability mailing list. ATTACHMENTS: Attachment A — Resolution No. 2024-76 (Coastal Land Use Plan Amendment) Attachment B — Ordinance No. 2024-26 (LCP Implementation Plan Amendment) Attachment C — Resolution No. 2023-12 (Authorizing LCP Amendment Submittal) Attachment D — February 14, 2023 City Council Staff Report Attachment E — Coastal Commission Approval Letter 4-5 Attachment A Resolution No. 2024-76 (Coastal Land Use Plan Amendment) MO RESOLUTION NO. 2024-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE COASTAL LAND USE PLAN OF THE LOCAL COASTAL PROGRAM TO CHANGE THE LAND USE CATEGORY FROM NEIGHBORHOOD COMMERCIAL - (0.0 — 0.30 FAR) (CN) TO TWO UNIT RESIDENTIAL - (30.0 - 39.9 DU/AC) (RT-E) FOR THE PROPERTY LOCATED AT 3014 BALBOA BOULEVARD (PA2020-060) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, Section 30500 of the California Public Resources Code requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, the City adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("CLUP") in 2005, which has been amended from time to time; WHEREAS, the California Coastal Commission ("Coastal Commission") effectively certified the City's Local Coastal Program Implementation Plan on January 13, 2017, which the City added as Title 21 (Local Coastal Program Implementation Plan) ("Title 21 ") to the Newport Beach Municipal Code ("NBMC"), whereby the City assumed coastal development permit -issuing authority as of January 30, 2017; WHEREAS, an application was filed by Gallo of Corona Del Mar, Inc. ("Applicant"), with respect to property located at 3014 Balboa Boulevard, and legally described in Exhibit 'A," which is attached hereto and incorporated herein by reference ("Property"); WHEREAS, the Applicant requests to demolish an existing eating and drinking establishment (i.e., a "restaurant") and construct a new residential structure with two condominiums totaling approximately 3,564 square feet, including a two -car garage and two -car carport ("Project"); 4-7 Resolution No. 2024- Page 2 of 6 WHEREAS, the following approvals are required from the City to implement the Project: • General Plan Amendment ("GPA") — An amendment to the General Plan Land Use Element to change the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT); • Code Amendment ("CA") — An amendment to Title 20 (Planning and Zoning) ("Title 20") of the NBMC to change the zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and to remove a front setback designation abutting the side property line on Setback Map S-2B - Balboa Peninsula; and • Local Coastal Program Amendment ("LCPA") — An amendment to the CLUP to change the coastal land use category from Neighborhood Commercial — (0.0 to 0.30 FAR) (CN) to Two Unit Residential - (30.0 - 39.9 DU/AC) (RT-E), and an amendment to Title 21 of the NBMC to change the coastal zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2), as well as an amendment to Setback Map S-2B - Balboa Peninsula to remove a front setback designation abutting the side property line; WHEREAS, the Property is categorized Neighborhood Commercial (CN) by the General Plan Land Use Element and located within the Neighborhood Commercial (CN) Zoning District; WHEREAS, the Property is located within the coastal zone with a CLUP category of Neighborhood Commercial — (0.0 to 0.30 FAR) (CN) and coastal zoning district designation of Commercial Neighborhood (CN); WHEREAS, the amendment to the CLUP would change the land use category from Neighborhood Commercial — (0.0 to 0.30 FAR) (CN) to Two Unit Residential - (30.0 - 39.9 DU/AC) (R-TE), which is intended to provide for areas appropriate for a range of two -unit residences such as duplexes and townhomes; WHEREAS, pursuant to Section 13515 (Public Participation and Agency Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5, Chapter 8 ("Section 13515"), a draft of the LCPA was made available and a Notice of Availability was distributed on November 17, 2022, at least six weeks prior to the anticipated final action date; Resolution No. 2024- Page 3 of 6 WHEREAS, the Planning Commission held a public hearing on January 5, 2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, at which time the Planning Commission considered the Project. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2023-003 by a unanimous vote (5 ayes, 0 noes) recommending that the City Council approve the Project and land use entitlements referenced above, to the City Council; WHEREAS, the City Council held a public hearing on February 14, 2023, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, Section 13515, and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, at the hearing, the City Council adopted Resolution No. 2023-11 by unanimous vote (7 ayes, 0 nays), authorizing the submittal of the LCPA to the Coastal Commission; WHEREAS, the City Council also adopted Resolution No. 2023-12 by unanimous vote (7 ayes, 0 nays) to approve an amendment to the General Plan to change the Property's land use category, and introduced Ordinance No. 2023-3 to approve an amendment to Title 20 of the NBMC; and WHEREAS, the Coastal Commission approved the LCPA (LCP-5-NPB-23-0019-1 Part C) on July 11, 2024, as submitted, and as a result, it is deemed approved and became a certified part of the LCP. • Resolution No. 2024- Page 4 of 6 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby adopts the LCPA (PA2020-060), amending the Property's CLUP category from Commercial Neighborhood (CN) to Two Unit Residential - (30.0 - 39.9 DU/AC) (RT-E), as set forth in Exhibit "B," which is attached hereto and incorporated herein by reference. Section 2: The LCP, including this LCPA, will be carried out fully in conformity with the California Coastal Act. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Section 6: The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 4-10 Resolution No. 2024- Page 5 of 5 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 22" d day of October, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachments: Exhibit A — Legal Description Exhibit B — Coastal Land Use Plan Amendment Map 4-11 EXHIBIT "A" LEGAL DESCRIPTION THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 40 FEET BEING PARALLEL TO AND 50 FEET FROM THE SOUTHEASTERLY LINE OF LOT 1 IN BLOCK 130 OF THE LAKE TRACT, AS PER MAP RECORDED IN BOOK 4, PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID LOT 1 IN BLOCK 130 OF LAKE TRACT, WITH THE NORTHEASTERLY LINE OF THE SOUTHEASTERLY 25 FEET OF SAID LOT 1, THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID SOUTHWESTERLY 25 FEET TO AN INTERSECTION WITH A LINE NORTHEASTERLY OF, PARALLEL TO, AND 10 FEET DISTANT, MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT 1, THENCE NORTHEASTERLY ALONG SAID LINE TO THE NORTHERLY LINE OF SAID LOT 1, THENCE CONTINUING NORTHEASTERLY ALONG THE PROLONGATION OF SAID LINE 58 FEET, MORE OR LESS, TO A POINT 30 FEET DISTANT, MEASURED SOUTHWESTERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE PRESENT MOST SOUTHERLY WYE TRACK OF THE SOUTHERN PACIFIC RAILROAD, THENCE 75' 07' 30' WEST ALONG THE LINE PARALLEL TO AND 30 FEET DISTANT SOUTHWESTERLY FROM THE CENTER LINE OF SAID WYE TRACT 201.60 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE SOUTHEASTERLY EXTENSION OF THE NORTHEASTERLY LINE OF BAY AVENUE (NOW COAST BOULEVARD), AS SHOWN ON SAID MAP OF LAKE TRACT, THENCE SOUTH 52' 46' 30' WEST 15.35 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF THE PRESENT LOCATED CEMENT SIDEWALK, THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID SIDEWALK 164.80 FEET TO THE POINT OF BEGINNING. APN: 047-071-02 4-12 EXHIBIT "B" \ 3`7l r23s `�O 779 r>> O rbrTr� � o r'o 30�v o� 0� 30000 �o OP 'L.� 3000 G0 PF z G 0 10 0 Local Coastal Program Amendment No. LC2020-005 (Coastal Land Use Plan) NNB T 9E�CH .3014 Balboa Blvd City of Newport Beach GIS Division PA2020-060 September 28, 2022 3A2020-060 CLUP Amenciment—d I+-Ii Attachment 6 Ordinance No. 2024-26 (LCP Implementation Plan Amendment) 4-14 ORDINANCE NO. 2024-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE TO CHANGE THE ZONING DISTRICT FROM COMMERCIAL NEIGHBORHOOD (CN) TO TWO -UNIT RESIDENTIAL (R- 2) AND TO AMEND SETBACK MAP S-213 - BALBOA PENINSULA TO REMOVE A FRONT SETBACK DESIGNATION ABUTTING THE SIDE PROPERTY LINE FOR THE PROPERTY LOCATED AT 3014 BALBOA BOULEVARD (PA2020-060) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, Section 30500 of the California Public Resources Code requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, the City adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("CLUP") in 2005, which has been amended from time to time; WHEREAS, the California Coastal Commission ("Coastal Commission") effectively certified the City's Local Coastal Program Implementation Plan on January 13, 2017, which the City added as Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the Newport Beach Municipal Code ("NBMC"), whereby the City assumed coastal development permit -issuing authority as of January 30, 2017; WHEREAS, an application was filed by Gallo of Corona Del Mar, Inc. ("Applicant"), with respect to property located at 3014 Balboa Boulevard, and legally described in Exhibit 'A," which is attached hereto and incorporated herein by reference ("Property"); WHEREAS, the Applicant requests to demolish an existing eating and drinking establishment (i.e., a "restaurant") and construct a new residential structure with two condominiums totaling approximately 3,564 square feet, including a two -car garage and two -car carport ("Project"); 4-15 Ordinance No. 2024- Page 2 of 5 WHEREAS, the following approvals were required from the City to implement the Project: • General Plan Amendment ("GPA") — An amendment to the General Plan Land Use Element to change the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT); • Code Amendment ("CA") — An amendment to Title 20 (Planning and Zoning) ("Title 20") of the NBMC to change the zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and to remove a front setback designation abutting the side property line on Setback Map S-2B - Balboa Peninsula; and • Local Coastal Program Amendment ("LCPA") — An amendment to the CLUP to change the coastal land use category from Neighborhood Commercial — (0.0 to 0.30 FAR) (CN) to Two Unit Residential - (30.0 - 39.9 DU/AC) (RT-E), and an amendment to Title 21 of the NBMC to change the coastal zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2), as well as an amendment to Setback Map S-2B - Balboa Peninsula to remove a front setback designation abutting the side property line; WHEREAS, the Property is categorized Neighborhood Commercial (CN) by the General Plan Land Use Element and located within the Neighborhood Commercial (CN) Zoning District; WHEREAS, the Property is located within the coastal zone with a CLUP category of Neighborhood Commercial — (0.0 to 0.30 FAR) (CN) and coastal zoning district designation of Commercial Neighborhood (CN); WHEREAS, the amendment to Title 21 would change the zoning designation from Commercial Neighborhood (CN) to Two -Unit Residential (R-2), which is intended to provide for areas appropriate for a maximum of two residential dwelling units located on a single legal lot; WHEREAS, the amendment to Setback Map S-2B of Title 21 removes a front setback along the side property line, which would result in a three-foot side setback that is typical for residential development in the surrounding residential lots; thereby allowing fences, walls, or other accessory structures to a maximum height of six feet in the side setback area; 4-16 Ordinance No. 2024- Page 3 of 5 WHEREAS, pursuant to Section 13515 (Public Participation and Agency Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5, Chapter 8 ("Section 13515"), a draft of the LCPA was made available and a Notice of Availability was distributed on November 17, 2022, at least six weeks prior to the anticipated final action date; WHEREAS, the Planning Commission held a public hearing on January 5, 2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, at which time the Planning Commission considered the Project. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2023-003 by a unanimous vote (5 ayes, 0 noes) recommending that the City Council approve the Project and land use entitlements referenced above, to the City Council; WHEREAS, the City Council held a duly noticed public hearing on February 14, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was provided in accordance with the Ralph M. Brown Act, Section 13515, and Chapter 21.62 (Public Hearings) of the NBMC. Evidence both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, at the hearing, the City Council adopted Resolution No. 2023-11 by a unanimous vote (7 ayes, 0 nays), authorizing the submittal of the LCPA to the Coastal Commission; WHEREAS, the City Council also adopted by unanimous vote (7 ayes, 0 nays) Resolution No. 2023-12 to approve an amendment to the General Plan to change the Property's land use category, and introduced Ordinance No. 2023-3 to approve an amendment to Title 20 of the NBMC; and WHEREAS, the Coastal Commission approved the LCPA (LCP-5-NPB-23-0019- 1 Part C) on July 11, 2024, as submitted, and as a result, it is deemed approved and became a certified part of the LCP. 4-17 Ordinance No. 2024- Page 4 of 5 NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby adopts the LCPA (PA2020-060), amending Section 21.14.010 (Coastal Zoning Map) and Setback Map S-213 of Section 21.80.040 (Setback Maps) of the NBMC, as set forth in Exhibits "B" and "C," which are attached hereto and incorporated herein by reference. Section 2: The LCP and Title 21, including this LCPA, shall be carried out in full conformance with the California Coastal Act. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 4: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the introduction and adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Section 6: The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Section 7: Except as expressly modified in this ordinance, all other sections, Subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. UM Ordinance No. 2024- Page 5 of 5 Section 8: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of October, 2024, and adopted on the 12th day of November, 2024, by the following vote, to -wit: AYES: NAYS: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY TTORNEY'S OFFICE 7 "" C' - AARON C. HARP, CITY ATTORNEY Attachments: Exhibit A — Legal Description Exhibit B — Title 21 Amendment Map Exhibit C — Amended Setback Map S-213 4-19 EXHIBIT "A" LEGAL DESCRIPTION THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 40 FEET BEING PARALLEL TO AND 50 FEET FROM THE SOUTHEASTERLY LINE OF LOT 1 IN BLOCK 130 OF THE LAKE TRACT, AS PER MAP RECORDED IN BOOK 4, PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID LOT 1 IN BLOCK 130 OF LAKE TRACT, WITH THE NORTHEASTERLY LINE OF THE SOUTHEASTERLY 25 FEET OF SAID LOT 1, THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID SOUTHWESTERLY 25 FEET TO AN INTERSECTION WITH A LINE NORTHEASTERLY OF, PARALLEL TO, AND 10 FEET DISTANT, MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT 1, THENCE NORTHEASTERLY ALONG SAID LINE TO THE NORTHERLY LINE OF SAID LOT 1, THENCE CONTINUING NORTHEASTERLY ALONG THE PROLONGATION OF SAID LINE 58 FEET, MORE OR LESS, TO A POINT 30 FEET DISTANT, MEASURED SOUTHWESTERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE PRESENT MOST SOUTHERLY WYE TRACK OF THE SOUTHERN PACIFIC RAILROAD, THENCE 75' 07' 30' WEST ALONG THE LINE PARALLEL TO AND 30 FEET DISTANT SOUTHWESTERLY FROM THE CENTER LINE OF SAID WYE TRACT 201.60 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE SOUTHEASTERLY EXTENSION OF THE NORTHEASTERLY LINE OF BAY AVENUE (NOW COAST BOULEVARD), AS SHOWN ON SAID MAP OF LAKE TRACT, THENCE SOUTH 52' 46' 30' WEST 15.35 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF THE PRESENT LOCATED CEMENT SIDEWALK, THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID SIDEWALK 164.80 FEET TO THE POINT OF BEGINNING. APN: 047-071-02 4-20 EXHIBIT "B" 0-1 �� G0 fly Local Coastal Program Amendment 6` No. LC2020-005 (Implementation Plan) /a'`!/ NP OR T BE A C H 3014 Balboa Blvd City of Newport Beach GIS Division PA 2 0 2 0- 0 6 0 September 28, 2022 EXHIBIT "C" 7 �s O �J l,�yAQ� 3 ° s 5� P Local Coastal Program Amendment No. LC2020-005 (Implementation Plan) N N 1 11 P O R T R E A C H 3014� Ba I b o a B I vd City of Newport Beach GIS Division PA2020-060 November 17, 2022 772020-060 LC Amendment setback—c! Attachment C Resolution No. 2023-12 (Authorizing LCP Amendment Submittal) 4-23 RESOLUTION NO. 2023-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2020-006 TO THE CALIFORNIA COASTAL COMMISSION AMENDING THE COASTAL LAND USE PLAN AND TITLE 21 OF THE NEWPORT BEACH MUNICIPAL CODE LAND USE AND ZONING DESIGNATION FROM COMMERCIAL NEIGHBORHOOD (CN) TO TWO UNIT RESIDENTIAL (RT-E) AND SETBACK MAP S-213 TO REMOVE A FRONT SETBACK FOR THE PROPERTY LOCATED AT 3014 BALBOA BOULEVARD (PA2020-060) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, as set forth in Section 30500 of the California Public Resources Code, the California Coastal Act requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction, WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("CLUP"), as amended from time to time; WHEREAS, the California Coastal Commission effectively certified the City's Local Coastal Program Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -issuing authority as of January 30, 2017; WHEREAS, an application was filed by Gallo of Corona Del Mar, Inc. ("Applicant"), with respect to property located at 3014 Balboa Boulevard, and legally described in Exhibit 'A," which is attached hereto and incorporated herein by reference ("Property"); 4-24 Resolution No. 2023-12 Page 2 of 5 WHEREAS, the Applicant proposes to replace an existing eating and drinking establishment and to construct a new residential structure with two condominiums totaling approximately 3,564 square feet, including a two -car garage and two -car carport ("Project"); WHEREAS, the following legislative approvals are required for the Project. - General Plan Amendment ("GPA") — An amendment to the General Plan Land Use Element changing the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT); • Code Amendment ("CA") — An amendment to Title 20 (Planning and Zoning) ("Title 20") of the NBMC changing the zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and removing a front setback designation abutting the side property line on Setback Map S-2B; • Local Coastal Program Amendment ("LCPA") — An amendment to the CLUP changing the coastal land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT-E) (30.0 — 39.9 DU/AC), Title 21 of the NBMC changing the coastal zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2), and Setback Map S-2B to remove a front setback designation abutting the side property line; WHEREAS, the Property is categorized Neighborhood Commercial (CN) by the General Plan Land Use Element and located within the Neighborhood Commercial (CN) Zoning District; WHEREAS, the Property is located within the coastal zone with a CLUP category of Neighborhood Commercial (CN) - (0.0 to 0.30 FAR) and Coastal Zone District designation of Commercial Neighborhood (CN); WHEREAS, the Planning Commission held a public hearing on January 5, 2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; 4-25 Resolution No. 2023-12 Page 3 of 5 WHEREAS, at the conclusion of the hearing, the Planning Commission adopted Resolution No. PC2023-003 by a unanimous vote (5 ayes) recommending approval of the Project to the City Council; WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8 ("Section 13515"), drafts of the LCP Amendments were made available and a Notice of Availability was distributed on November 17, 2022, at least six weeks prior to the anticipated final action date; and WHEREAS, the City Council held a duly noticed public hearing on February 14, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was provided in accordance with the Ralph M. Brown Act, Section 13515 and Chapter 21.62 (Public Hearings) of the NBMC. Evidence both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby authorize City staff to submit Local Coastal Program Amendment No. LC2020-005 to the California Coastal Commission to amend the Property's Coastal Land Use Plan designation from Commercial Neighborhood (CN) to Two Unit Residential (RT-E) (30.0 — 39.9 DU/AC), coastal zoning district designation from Commercial Neighborhood (CN) to Two -Unit Residential (R-2), and Setback Map S-2B to remove the front setback as depicted in Exhibits "B," "C," and "D," respectively, and supported by the findings set forth in Exhibit "E," which are attached hereto and incorporated herein by reference. Section 2: Local Coastal Program Amendment No. LC2020-005 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. Section 3: The LCP, including LCP Amendment No. LC2020-005, will be carried out fully in conformity with the California Coastal Act. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 4-26 Resolution No. 2023-12 Page 4 of 5 Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the Project is categorically exempt under the California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). Section 15302 applies to a duplex or similar multi -family residential structure totaling no more than four dwelling units. In this case, the Project, which consists of demolition of a restaurant and construction of a new residential structure with two condominiums totaling approximately 3,564 square feet, meets the criteria in Section 15303. Additionally, the exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 4-27 Resolution No. 2023-12 Page 5 of 5 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 14th day of February, 2023. Pro ah [,V6m Mayor ATTEST: Leilani I. Brown I City Clerk o APPROVED AS TO FORM: CITY ATTORNEY'S //"" C. �--- a n C. Harp City Attorney Attachment(s): Exhibit A — Legal Description Exhibit B — Coastal Land Use Plan Map Amendment Exhibit C — Coastal Zoning District Map Amendment Exhibit D — Setback Map S-21B Amendment Exhibit E — Findings in Support of LCP Amendment No. LC2020- 005 City of Newport Beach „a EXHIBIT "A" LEGAL DESCRIPTION THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 40 FEET BEING PARALLEL TO AND 50 FEET FROM THE SOUTHEASTERLY LINE OF LOT 1 IN BLOCK 130 OF THE LAKE TRACT, AS PER MAP RECORDED IN BOOK 4, PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID LOT 1 IN BLOCK 130 OF LAKE TRACT, WITH THE NORTHEASTERLY LINE OF THE SOUTHEASTERLY 25 FEET OF SAID LOT 1, THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID SOUTHWESTERLY 25 FEET TO AN INTERSECTION WITH A LINE NORTHEASTERLY OF, PARALLEL TO, AND 10 FEET DISTANT, MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT 1, THENCE NORTHEASTERLY ALONG SAID LINE TO THE NORTHERLY LINE OF SAID LOT 1, THENCE CONTINUING NORTHEASTERLY ALONG THE PROLONGATION OF SAID LINE 58 FEET, MORE OR LESS, TO A POINT 30 FEET DISTANT, MEASURED SOUTHWESTERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE PRESENT MOST SOUTHERLY WYE TRACK OF THE SOUTHERN PACIFIC RAILROAD, THENCE 75' 07' 30' WEST ALONG THE LINE PARALLEL TO AND 30 FEET DISTANT SOUTHWESTERLY FROM THE CENTER LINE OF SAID WYE TRACT 201.60 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE SOUTHEASTERLY EXTENSION OF THE NORTHEASTERLY LINE OF BAY AVENUE (NOW COAST BOULEVARD), AS SHOWN ON SAID MAP OF LAKE TRACT, THENCE SOUTH 52' 46' 30' WEST 15.35 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF THE PRESENT LOCATED CEMENT SIDEWALK, THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID SIDEWALK 164.80 FEET TO THE POINT OF BEGINNING. APN: 047-071-02 amity of Newport Beach 4_29 1. 1 WI -I Exhibit "B" Coastal Land Use Plan Map Amendment m v 0 c Local Coastal Program Arne-ndnient NE No. LC2020-005 (Coastal Land Use Plan) . 3014 Balboa Blvd PA2020-060 �•..•. F%TIL City of Newport Beach ,.,o Exhibit "C" Coastal Zoning District Map Amendment 4 Local Coastal Program Amendment NB No. LC2020-005 (Implementation Plan) 3014 Balboa Blvd City of Newport Beach 4-31 Exhibit "D" Setback Map S-213 Amendment 4i 4 Local Coastal Program Amendment No. LC2020-005 (Implementation Plan) fl 3014 Balboa Blvd ���-•«»-� PA2020-060 City of Newport Beach ,.,, Exhibit "E" Findings in Support of LCP Amendment No. LC2020-005 A. Local Coastal Program Amendment No. LC2020-005 is consistent with applicable land use policies of the CLUP as provided below: 1. Coastal Land Use Element Policy 2.2.5-1: Legal nonconforming structures shall be brought into conformity in an equitable, reasonable, and timely manner as rebuilding occurs. Limited renovations that improve the physical quality and character of the buildings may be allowed. Rebuilding after catastrophic damage or destruction due to a natural event, an act of public enemy, or accident may be allowed in limited circumstances that do not conflict with other policies and of the Coastal Land Use Plan. The existing building was constructed in 1902 and is considered a legal, nonconforming development due to insufficient parking and the lack of an accessibility ramp. The Property, which is 3,466 square feet in area, is relatively small and unable to accommodate a reasonably sized commercial building with the required parking to support it. As a CN-zoned property, the maximum floor area ratio (FAR) is 0.30, which allows for a 1,040-square-foot commercial building. A commercial use, such as a visitor -serving retail store, in a building of this size would typically require five parking spaces (one space required per 250 square feet of gross floor area). A new commercial building, along with the required parking and compliance with accessibility requirements would not be suitable on the property due to size restraints. A two -unit residential condominium that complies with all applicable development standards, including parking, is an appropriate replacement for the existing nonconforming restaurant. 2. Coastal Land Use Element Policy 2.3.1-5: Protect special communities and neighborhoods which, because of their unique characteristics, are popular visitor destination points for recreational uses. The Project does not change the unique characteristics of the Balboa Peninsula, nor does it deter visitors to the nearby beach. The project alleviates the nonconforming parking of the existing restaurant, which causes public parking to be occupied by patrons of the restaurant. Since the condominiums provide required parking, the supply of street parking will be better utilized for visitors to the beach. 4-33 3. Coastal Land Use Element Policy 2.3.1-6: Where feasible, reserve upland areas necessary to support coastal recreational uses for such uses; 4. Coastal Land Use Element Policy 2.4.1-2: When appropriate, accommodate coastal -related developments within reasonable proximity to the coastal -dependent uses they support; 5. Coastal Land Use Element Policy 2.4.1-3: Discourage re -use of properties that result in the reduction of coastal -dependent commercial uses. Allow the re -use of properties that assure coastal -dependent uses remain, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project; and 6. Coastal Land Use Element Policy 2.4.1-4: Design and site new development to avoid impacts to existing coastal -dependent and coastal -related developments. When reviewing proposals for land use changes, give full consideration to the impact on coastal -dependent and coastal -related land uses including not only the proposed change on the subject property, but also the potential to limit existing coastal - dependent and coastal -related land uses on adjacent properties. The Property is located approximately 450 feet from the beach. Although it is within the general vicinity of the beach, it is not an ideal location for coastal recreational uses (examples include passenger/sightseeing boats, boat rentals and sales, boat/ship repair and maintenance, etc.). The Property is abutting three residential properties to the south and is similar in size and shape to the residential lots. The Project does not result in the reduction of coastal -dependent commercial uses since the existing use is a restaurant. 7. Coastal Land Use Element Policy 2.3.1-7: Give priority to visitor -serving and recreational uses in the mixed -use areas of the Balboa Peninsula, and Balboa Island. There are numerous visitor -serving uses on the Balboa Peninsula. The Property is relatively small and is more suitable for the proposed residential development. Additionally, although the existing use is not for recreational use, there are many recreational uses in other areas of Balboa Peninsula, including recreational equipment rental stores at 2001 West Balboa Boulevard, 601 East Balboa Boulevard, 2233 West Balboa Boulevard, 2000 West Balboa Boulevard, etc. Visitor - serving and recreational uses are a continuing priority in the surrounding area. 4-34 8. Coastal Land Use Element Policy 2.7-1: Continue to maintain appropriate setbacks and density, floor area, and height limits for residential development to protect the character of established neighborhoods and to protect coastal access and coastal resources. The Project includes two residential condominiums, which is consistent with the allowed density on the adjacent residential lots located to the south. The Project also complies with development standards typical for a two -unit residential development, including setbacks, floor area, and height limits. 9. Coastal Land Use Element Policy 2.9.3-1: Site and design new development to avoid use of parking configurations or parking management programs that are difficult to maintain and enforce. The Project includes a compliant garage and carport configuration for each unit. This parking configuration is typical for two -unit residential developments throughout the City. The parking is directly accessed by a curb cut from Balboa Boulevard. 10. Coastal Land Use Element Policy 2.9.3-2: Continue to require new development to provide off-street parking sufficient to serve the approved use in order to minimize impacts to public on -street and off-street parking available for coastal access; 11. Coastal Land Use Element Policy 2.9.3-3: Require that all proposed development maintain and enhance public access to the coast by providing adequate parking pursuant to the off-street parking regulations of the Zoning Code in effect as of October 13, 2005; and 12. Coastal Land Use Element Policy 2.9.3-5: Continue to require off-street parking in new development to have adequate dimensions, clearances, and access to insure their use. Title 21 of the NBMC requires two parking spaces per residential unit (one in a garage and one covered or in a garage). The Project provides one space in a garage and one covered parking space for a total of two spaces per unit. The parking spaces are accessible from Newport Boulevard and are dimensioned to comply with Title 20's minimum parking standards. 4-35 B. The following facts support the amendment to the coastal land use and coastal zoning district from Commercial Neighborhood (CN) to Two Unit Residential (RT-E) and Two - United Residential (R-2) respectively: 1. The Property was previously zoned for residential use. Prior to the current restaurant development, the Property was developed with an approximately 750-square-foot single-family residence that was constructed in 1902. On November 10, 1986, the City Council approved General Plan Amendment 86-2 (C), Local Coastal Program Amendment No. 10, and Cannery Village Specific Area Plan Amendment No. 639, which changed the land use and zoning designations of the Property from "Two - Family Residential" to "Retail and Service Commercial." Subsequently, the former residence was improved and converted to the existing commercial use. 2. The Project, which consists of two residential condominiums, is compatible with the surrounding neighborhood. The Property is located adjacent to residential properties which are prevalent on Balboa Peninsula. The three properties to the east, which are located within the same block as the Property, are zoned Two -Unit Residential (R-2). Additionally, Two -Unit Residential (R-2) properties are located on the eastern side of Balboa Boulevard between 30th Street and 28th Street, as well as on the western side of Balboa Boulevard from 54th Street to 27th Street. 3. Although the Project would replace a lower -cost visitor -serving restaurant with two residential condominiums, there are numerous lower -cost restaurants located nearby. For example, the adjacent shopping center at 3100 Newport Boulevard includes Gina's Pizza, Chihuahua Cerveza, and Chipotle Mexican Grill. Additionally, nearby restaurants include Mama D's at 3012 Newport Boulevard, Sessions Sandwiches at 2823 Newport Boulevard, Avila's El Ranchito at 2800 Newport Boulevard, Laventina's Pizza at 2819 Newport Boulevard, Ho Sum Bistro at 3112 Newport Boulevard, Hook and Anchor at 3305 Newport Boulevard Suite A, Chicken Bun Bun at 3305 Newport Boulevard Suite E, Newport Fresh Sushi at 3305 Newport Boulevard Suite F, Crew Coffee at 3300 Newport Boulevard, Pavilion's Grocery Store at 3100 Balboa Boulevard, and Malarky's Irish Pub at 3011 Newport Boulevard. The Project's replacement of the existing restaurant will not change the character of Balboa Peninsula as a mixed -use area with commercial and residential uses. 4. The Property is one of five lots categorized as Commercial Neighborhood (CN) by Title 21 located on 32nd Street between Balboa and Newport Boulevards. Collectively, these Commercial Neighborhood (CN) properties total 189,562 square feet. The Property is 3,466 square feet and represents 1.8 percent of the total lot area 4-36 of these Commercial Neighborhood (CN) properties. Additionally, Commercial Neighborhood (CN) properties are located on the corner of Bayside Drive and Jamboree Road and on the corner of West Coast Highway and Balboa Boulevard. 5. When considering the Project with previously certified LCPA's, the result is an increase of land zoned for visitor serving uses. The following are amendments which have resulted in the increase in commercial uses in the Coastal Zone: a. LCP No. 50 - 1800 and 1806 West Balboa Boulevard (0.23 acres): Amendment to change the Two -Unit Residential (R-2) coastal zoning designation to Retail Service and Commercial (RSC). The property is currently developed with a visitor -serving hotel. b. LC2012-001 — 475 32nd Street (4.17 acres): Amendment to change the Public Facilities (PF) coastal zoning designation to Visitor -Serving Commercial (CV-LV). The property is currently developed with a large visitor serving hotel (Lido House Hotel). The following amendments have resulted in the loss of commercial uses and the increase in residential uses in the Coastal Zone: a. LC2002-001 — 205 Orange Street (0.06 acres): Amendment to change the RSC coastal zoning designation to R-2. The property is currently developed with a residential duplex. b. LC2003-001 — 129, 131, and 133 Agate Avenue (0.18 acres): Amendment to change the RSC designation to R-2. The properties are currently developed as residential. c. LC2009-001 — 2000, 2006, 2008, 2012, 2016 East Balboa Boulevard (0.62 acres): Amendment to change the Parks and Recreation (PR) coastal zoning designation to Single -Unit Residential (R-1). The properties are currently developed as a private tennis club. d. LC2013-001 — 3303 Via Lido (0.4 acres): Amendment to change the Private Institutions (PI) coastal zoning designation to Multiple Residential (RM). The property is now currently developed with residential condominiums (Lido Villas). These previous LCPAs result in a conversion of 4.4 acres to visitor -serving commercial uses and a conversion of 1.26 acres to residential uses. There is not a cumulative effect of loss of visitor -serving commercial uses within the Coastal Zone. 4-37 C. The amendment to Setback Map S-213 of Title 21 removes a front setback along the side property line, as shown in Exhibit "D," which would result in a three-foot side setback that is typical for residential development in the surrounding residential lots. This would allow for fences, walls, or other accessory structures to a maximum height of six feet in the side setback area, where the maximum height of accessory structures in a front setback is 42 inches. City of Newport Beach „a STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2023-12 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 141h day of February, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 151h day of February, 2023. At 1 r n Leilani I. Brown ' City Clerk Newport Beach, California 4-39 Attachment D February 14, 2023 City Council Staff Report ,0 � poRr CITY OF NEWPORT BEACH City Council Staff Report February 14, 2023 Agenda Item No. 14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: David Lee, Associate Planner, dlee@newportbeachca.gov PHONE: 949-644-3225 TITLE: Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12: A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020- 060) ABSTRACT: For the City CounciI's consideration is a General Plan amendment to change the land use designation for 3014 Balboa Blvd. from commercial to residential, allowing for a new residential project. The applicant requests to demolish an existing commercial building that is home to the restaurant "Sancho's Tacos" and to construct a new two -unit residential condominium development. The request requires site -specific amendments to the General Plan, Local Coastal Program Amendment, and the Newport Beach Municipal Code. RECOMMENDATIONS: a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment and that the exceptions to the Class 3 exemption do not apply; c) Adopt Resolution No. 2023-12, A Resolution of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment to Change the Land Use Category from Neighborhood Commercial (CN) to Two -Unit Residential (RT) for the Property Located at 3014 Balboa Boulevard (PA2020-060); d) Adopt Resolution No. 2023-11, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2020-005 to the California Coastal Commission Amending the Coastal Land Use Plan and Title 21 of the Newport Beach Municipal Code Land Use and Zoning Designation from Commercial Neighborhood (CN) to Two -Unit Residential (RT-E) and Setback Map S-2B to Remove a Front Setback for the Property Located at 3014 Balboa Boulevard (PA2020-060); and I Q >I ` b e a m 4-41 14-1 Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12: A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023 Page 2 e) Waive full reading, direct City Clerk to read by title only, and introduce Ordinance No. 2023-3, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to Title 20 of the Newport Beach Municipal Code to Change the Zoning District from Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and Amend Setback Map S-2B to Remove a Front Setback for the Property Located at 3014 Balboa Boulevard (PA2020-060). DISCUSSION: The subject property is approximately 3,466 square feet (.08 acre). It is located immediately adjacent to, but is not a part of, an existing retail shopping center (The Landing). The property has a small restaurant building and two surface parking spaces. To the southeast, there are three residentially zoned lots that are each developed with two -unit residences. Prior to the current restaurant, the property was developed with an approximately 7 50-sq u a re -foot single-family residence that was constructed in 1902. On November 10, 1986, the City Council approved General Plan Amendment 86-2 (C), Local Coastal Program Amendment No. 10, and Cannery Village Specific Area Plan Amendment No. 639, which changed the land use and zoning designations of the property from "Two -Family Residential" to "Retail and Service Commercial." Subsequent to the change of land use, the former residence was improved and converted for commercial use. On March 27, 1996, the Planning Director approved Specialty Food Service Permit No. 46, authorizing a small food use in the existing building. The permit also authorized an outdoor dining area for customers and required two parking spaces for the outdoor dining area. In 2013, a building permit for a tenant improvement was issued for the existing restaurant, known as "Sancho's Tacos." The site remains designated for commercial use by the General Plan, Local Coastal Program, and Zoning Code. Project Description The applicant proposes to demolish the existing restaurant and construct a new, two -unit residential structure totaling approximately 3,564 square feet. The proposed residential development would comply with all requirements of the proposed R-2 zone and no deviations are requested. As part of the project, the existing crosswalk, which connects the subject property to the southwest corner of the Balboa Boulevard and 31 st Street intersection, is required to be relocated to connect the subject property to the northwest corner of the intersection. The following legislative approvals are required to consider the project: 1. General Plan Amendment (GPA) — An amendment to the General Plan to change the land use category from CN to Two -Unit Residential (RT); 2. Code Amendment (CA) — An amendment to Title 20 (Planning and Zoning) to change the zoning district from CN to Two -Unit Residential (R-2) and to remove a front setback designation along the side property line from Setback Map S-213; and 4-42 14-2 Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12: A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023 Page 3 3. Local Coastal Program Amendment (LCPA) — An amendment to the Coastal Land Use Plan to change the coastal land use category from CN to Two -Unit Residential (RT-E) (30.0 — 39.9 DU/AC), and an amendment to Title 21 (Local Coastal Program Implementation Plan) to change the coastal zoning district from CN to Two -Unit Residential (R-2). Additionally, the amendment would remove a front setback designation along the side property line from Setback Map S-213 for the subject property. General Plan and Zoning Code Amendments The subject property has a General Plan Land Use category of Neighborhood Commercial (CN) and a Zoning Code designation of Commercial Neighborhood (CN). This designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The applicant is requesting a GPA and CA to change the land use category and zoning designation from CN to Two -Unit Residential (RT and R-2), which applies to a range of two-family residential dwelling units such as duplexes and townhomes. The proposed GPA for residential use is consistent with the neighborhood. In addition to the three RT lots located on the same block, the surrounding neighborhood is predominately categorized as RT (Figure 1, below). T seq. - i' 1 f . ' l Figure 9: Surrounding Two Unit Residential (RT) Lots, shown in brown A-.-Jlly Of Newport beach 4-43 Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12: A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-050) February 14, 2023 Page 4 Subsequently, the R-2 zoning designation is intended to implement the proposed RT land use category. All future development and uses would be required to comply with the use and development standards provided by R-2 development standards. The proposed two -unit development would comply with all applicable development standards, including floor area, setbacks, building, height, parking, etc. A complete consistency analysis of each of the applicable General Plan policies is provided in the attached Draft Resolution (Attachment A). In addition to rezoning, an amendment that removes a 3-foot designated front setback along the southeasterly side property line (Figure 2) is required for Setback Map S-213. This change would result in a 3-foot side setback that is typical for residential development in the surrounding lots and would allow for fences, walls, or other accessory structures to be constructed at a maximum height of 6 feet in the side setback area rather than limiting them to 42 inches in height. Existing Setback Map Proposed Setback Map Figure Z:Amendment to Setback Map S-28 The change in use of the property would place a residential use adjacent to the shopping center parking lot. Staff does not consider the proposed residence incompatible with the adjacent shopping center and parking lot. The project eliminates a commercial use and provides a compatible duplex abutting three duplexes to the south. The change of use will also eliminate patrons parking in the adjacent shopping center parking lot, thereby increasing the availability of spaces for visitors to The Landing Shopping Center. Charter Section 423 (Measure S) Pursuant to City Charter Section 423 and Council Policy A-18, an analysis must be prepared to establish whether a proposed GPA (if approved) requires a vote by the electorate. Charter Section 423 requires voter approval of any major amendment to the General Plan. A major GPA is one that significantly increases allowed density or intensity by 40,000 square feet of nonresidential floor area, increases traffic by more than 100 peak -hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units. wlty U! NeWPUM L ID V � 4-44 � 9 4-4 Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12: A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023 Page 5 These thresholds apply to the total of increases resulting from the amendment itself, plus 80 percent of the increases resulting from other amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding 10 years. Increases from the proposed amendment and 80 percent of the four prior amendments within Statistical Area B-5 have been calculated and are shown in Table 1 below. The increases in AM and PM traffic are zero because the traffic from two residential units is less than the traffic generated by commercial use allowed by the General Plan. None of the thresholds would be exceeded with approval of the amendment and no vote of the electorate would be required. Table 1 — Charter Section 423, Measure S. AnaIvsiS for Statistical Area B-5 Amendments Increased Density Increased Intensity Peak Hour Trip Increase AM PM GP2012-005 (PA2012-146) 7 0 0 0 GP2012-002 (PA2012-031) 0 23,725 0 0 GP2016-001 (PA2016-061) 0 4,745 0 0 GP2020-004 (PA2020-068) 0 15,103 2.8 3.05 Total Prior Increases 7 43,573 2.8 3.05 80% of Prior Increases 5.6 34,858.40 2.24 2.44 100% of Proposed GPA (PA2020-060) 2 0 0 0 Total 7.6 34,858.4 2.24 2.44 Threshold 100 40,000 100 100 Remaining 92.4 5,141.6 97.76 97.56 Vote Required No No No No Local Coastal Program Amendment The subject property is categorized by the Coastal Land Use Plan (CLUP) as Neighborhood Commercial (CN) — (0.0 to 0.30 FAR), and Commercial Neighborhood (CN) by the Local Coastal Program Implementation Plan (Title 21). The applicant is requesting an LCPA to amend the Coastal Land Use from CN to Two -Unit Residential (RT-E) — (30.0 — 39.9 DU/AC) and the Coastal Zoning District from CN to Two -Unit Residential (R-2) (Attachment PC 4). Similar to the amendment to Setback Map S-213 in the Zoning Code Amendment, Setback Map S-213 of Title 21 is required to be amended to remove a designated front setback along the side property line. On October 19, 2022, City of Newport Beach staff received a letter of correspondence from the California Coastal Commission (CCC) suggesting the denial of the project. In the letter, CCC staff cites inconsistencies with Chapter 3 policies of the California Coastal Act of 1976, which require maximum public access and protection of lower -cost visitor facilities where feasible. The CCC staff letter also states that the subject property is one of four lots designated as CN on the Balboa Peninsula. Finally, the letter reviews previously approved LCPAs and questions the cumulative effect of these amendments on visitor -serving uses in the Coastal Zone. The correspondence is attached to this staff report as Attachment No. H. City staff has thoroughly reviewed the statements made in the letter and continues to recommend approval of the LCPA due to the following: 4-45 14-5 Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12: A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023 Page 6 1, The property is one of five lots categorized as CN by the CLUP and Title 21, The CN properties are located on 32nd Street between Balboa and Newport Boulevards. However, the subject property is 3,466 square feet while the CN properties, including the subject property, total 189,562 square feet. As such, the property represents only 1.8 percent of the total lot area of CN properties as depicted on Figure 3 below. When added to the many dozens of properties designated CV (Visitor Serving Commercial), CC (Corridor Commercial), and MU (Mixed Use) along Newport Boulevard and in the Lido Village, Cannery Village and McFadden Square areas, the reduction of commercial land is less than significant. Additionally, the property does not provide public access or public parking. The property is developed with a nonresidential building that is legally nonconforming to current parking standards. Patrons of the project site often park in the adjacent shopping center parking lot due to proximity and lack of convenient on -'site parking. The site provides two parking spaces where eight are required for the present commercial use. The proposed residential development would comply with the required parking and would eliminate the existing nonconformity. This would eliminate patrons from parking at the shopping center, opening up those spaces to better serve the shopping center. Additionally, the elimination of the commercial use will also serve to reduce the use of public on -street parking from its patrons thereby increasing parking supply and access opportunities within the neighborhood; •r., ems? �.r �� '!v� `r �@' o J� r• � r�F rR�Y {� ��U J r�J U pGd�9 8 A � T ra r t ri "•' f `a ''z'N'r r �c °�'9 �r� o�ya 4s� .y!i. . �.?Noc- � r' Y �,r�� 5 ":o ��R� r.� a� �' `•l {� 'fi F- j '� r ve■,el , Figure 3: CN designated properties, shown in pink 2. Although the project would replace a lower -cost, visitor -serving restaurant with a two -unit residence, there are numerous lower -priced restaurants that are located nearby the subject property. The adjacent shopping center at 3100 Newport Boulevard includes Gina's Pizza, Chihuahua Cerveza, and Chipotle Mexican Grill. a G I i 4-46 14-6 Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12: A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023 Page 7 Additionally, other nearby restaurants include Mama 0's at 3012 Newport Boulevard, Sessions Sandwiches at 2823 Newport Boulevard, Avila's El Ranchito at 2800 Newport Boulevard, Laventina's Pizza at 2819 Newport Boulevard, Ho Sum Bistro at 3112 Newport Boulevard, Hook and Anchor at 3305 Newport Boulevard Suite A, Chicken Bun Bun at 3305 Newport Boulevard Suite E, Newport Fresh Sushi at 3305 Newport Boulevard Suite F, Crew Coffee at 3300 Newport Boulevard, and Malarky's Irish Pub at 3011 Newport Boulevard. These locations are all identified below in Figure 4. As shown, there are numerous uses and opportunities for visitor -serving uses in the vicinity. The proposed change in land use is not expected to impact the availability of food for residents or visitors or noticeably change the character of the Balboa Peninsula area as a mixed - use area with commercial and residential uses. Map Legend A Gina's Pizza B Chihuahua Cerveza C Chi otle Mexican Grill ❑ Mama ❑'s E Session's Sandwiches F Laventina's Pizza G El Ranchito H Ho Sum Bistro I Hook and Anchor J Chicken Bun Bun K Newport Fresh Sushi L Crew Coffee M Pavilions Grocery Store N Malark 's Irish Pub Figure 4: Nearby lower -cost visitor -serving restaurants City of Newport Beach ,4-47 ,, Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12: A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023 Page 8 3. When considering the project with previously certified LCPAs, the result is a net increase of land zoned for visitor -serving uses. The following are amendments which have resulted in the increase in commercial uses in the Coastal Zone: a. LCP No. 50 - 1800 and 1806 West Balboa Boulevard (0.23 acres): Amendment to change the Two -Unit Residential (R-2) coastal zoning designation to Retail Service and Commercial (RSC). The property is currently developed with a visitor -serving hotel. b. LC2012-001 — 475 32" d Street (4.17 acres): Amendment to change the Public Facilities (PF) coastal zoning designation to Visitor -Serving Commercial (CV-LV). The property is currently developed with a large visitor -serving hotel (Lido House Hotel). The following amendments have resulted in the loss of commercial uses and the increase in residential uses in the Coastal Zone: a. LC2002-001— 205 Orange Street (0.06 acres): Amendment to change the RSC coastal zoning designation to R-2. The property is currently developed with a residential duplex. b. LC2003-001 — 129, 131, and 133 Agate Avenue (0.18 acres): Amendment to change the RSC designation to R-2. The properties are currently developed as residential. c. LC2009-001 — 2000, 2006, 2008, 2012, 2016 East Balboa Boulevard (0.62 acres): Amendment to change the Parks and Recreation (PR) coastal zoning designation to Single -Unit Residential (R-1). The properties are currently developed as a private tennis club. d. LC2013-001 — 3303 Via Lido (0.4 acres): Amendment to change the Private Institutions (PI) coastal zoning designation to Multiple Residential (RM). The property is now currently developed with residential condominiums (Lido Villas). These previous LCPAs result in a conversion of 4.4 acres to visitor -serving commercial uses and a conversion of 1.26 acres to residential uses. There is not a cumulative effect of loss of visitor -serving commercial uses within the Coastal Zone. Additionally, a complete consistency analysis of each of the applicable Coastal Land Use Plan policies is provided in the attached Draft Resolution (Attachment B). If authorized by the City Council, staff will submit the LCPA to the CCC for review. If the LCPA is approved by the CCC, the project will return to the City Council for formal adoption. For the subsequent implementation of the project, the applicant will be required to submit a separate application requesting a Coastal Development Permit (CDP) and Tentative Parcel Map (NP). This application would be reviewed by the City's Zoning Administratvi .acn 4-48 14-8 Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12: A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023 Page 9 Planning Commission Review and Recommendation The Planning Commission held a public hearing on January 5, 2023. The main topics discussed by the Planning Commission were the relocation of the crosswalk and applicable development fees for the project. No members of the public addressed the Planning Commission during the public hearing. Other than the previously mentioned letter from CCC staff, no other correspondence was received. At the conclusion of the public hearing, the Planning Commission adopted the resolution recommending the City Council approve the project. The Planning Commission staff report, meeting minutes, and resolution are attached for reference as Attachment Nos. D, E, and F. FISCAL IMPACT: The General Plan Implementation Program states that significant development projects and CPAs shall be evaluated for their net fiscal impacts on the City, and that the City shall determine the type, scale and mix of uses that shall be subject to fiscal review. Staff has reviewed the restaurant's sales tax information, business license fees, and utility bills and determined that, given the small size of the property and the single restaurant use, the change from commercial to residential, and the subsequent demolition and construction, will not result in a substantial fiscal impact. While the business would be removed, the new residential development would increase property taxes and incur development impact fees. These include an In -Lieu Park Dedication fee (currently $38,400 per unit) for the increase in two residential units. ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 3 exemption includes the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The exemption includes the construction of a duplex or similar multi -family residential structures totaling no more than four dwelling units. The project involves the demolition of an existing restaurant and the construction of a two -unit residence. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. City of Newport Beach 74 9 9 Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12: A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023 Page 10 I11I010IN l►10 The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2023-11 to Approve GPA Attachment B —Resolution No. 2023-12 to Approve Submittal of LCPA Attachment C — Ordinance No. 2023-3 to Approve CA Attachment D — Planning Commission Staff Report, Dated January 5, 2023 Attachment E — Planning Commission Minutes Excerpts, Dated January 5, 2023 Attachment F — Planning Commission Resolution No. PC2023-003 Attachment G — Project Plans Attachment H — Correspondence City of Newport Beach ,.4-50 ,o Attachment A Resolution No. 2023-11 t❑ Approve GPA City of Newport Beach ,4-51 ,, RESOLUTION NO. 2023- 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE CATEGORY FROM NEIGHBORHOOD COMMERCIAL (CN) TO TWO UNIT RESIDENTIAL (RT) FOR THE PROPERTY LOCATED AT 3014 BALBOA BOULEVARD (PA2020-060) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by Gallo of Corona Del Mar, Inc. ("Applicant"), with respect to property located at 3014 Balboa Boulevard, and legally described in Exhibit "A," which is attached hereto and incorporated herein by reference C Property"); WHEREAS, the Applicant proposes to replace an existing eating and drinking establishment and to construct a new residential structure with two condominiums totaling approximately 3,564 square feet, including a two -car garage and two -car carport ("Project"); WHEREAS, the following legislative approvals are required for the Project: • General Plan Amendment ("GPA") — An amendment to the General Plan Land Use Element changing the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT); • Code Amendment ("CA") — An amendment to Title 20 (Planning and Zoning) ("Title 20") of the Newport Beach Municipal Code ("NBMC") changing the zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and removing a front setback designation abutting the side property line on Setback Map S-213; and City of Newport'Beach ,,4-52 .,, Resolution No. 2023- Page 2 of 4 ■ Local Coastal Program Amendment ("LCPA") — An amendment to the Coastal Land Use Plan ("CLUP") changing the coastal land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT-E) (30.0 — 39.9 DU/AC), Title 21 (Local Coastal Program implementation Plan) ("Title 21 ") of the NBMC changing the coastal zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2), and Setback Map S-2B to remove a front setback designation abutting the side property line; WHEREAS, the Property is categorized Neighborhood Commercial (CN) by the General Plan Land Use Element and located within the Neighborhood Commercial (CN) Zoning District; WHEREAS, the Property is located within the coastal zone with a CLUP category of Neighborhood Commercial (CN) - (0.0 to 0.30 FAR) and Coastal Zone District designation of Commercial Neighborhood (CN); WHEREAS, the Planning Commission held a public hearing on January 5, 2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 of seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the conclusion of the hearing, the Planning Commission adopted Resolution No. PC2023-003 by a unanimous vote (5 ayes) recommending approval of the Project to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on February 14, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was provided in accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: City of Newport Beach ,4-53 ,,, Resolution No. 2023- Page 3 of 4 Section 1: The City Council hereby approves the General Plan Amendment changing the land use category for the Property from Neighborhood Commercial (CN) to Two Unit Residential (RT) as depicted in Exhibit "B" and supported by the findings set forth in Exhibit "C" which are attached hereto and incorporated herein by reference subject to approval of Local Coastal Program Amendment No. LC2020-005 by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the Project is categorically exempt under the California Environmental Quality Act ("CEQA" ) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 5, Chapter 3 ("CEQA Guidelines"). Section 15302 applies to a duplex or similar multi -family residential structure totaling no more than four dwelling units. In this case, the Project, which consists of demolition of a restaurant and construction of a new residential structure with two condominiums totaling approximately 3,564 square feet, meets the criteria in Section 15303. Additionally, the exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. City of Newport Beach ,4-54 ,,. Resolution No. 2023- Page 4 of 4 Section 5: This resolution shall take effect upon approval of Local Coastal Program Amendment No. LC2020-005 by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. The City Clerk shall certify the vote adopting this resolution. ADOPTED this 14th day of February, 2023, Noah Blom Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE a n C. Harp City Attorney Attachments): Exhibit A — Legal Description Exhibit B — General Plan Map Amendment Exhibit C — Findings in Support of GPA for Project PA2020-060 City of Newport Beach „4-55 _„ EXHIBIT "A" Legal Description THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 40 FEET BEING PARALLEL TO AND 50 FEET FROM THE SOUTHEASTERLY LINE OF LOT 1 IN BLOCK 130 OF LAKE TRACT, AS PER MAP RECORDED 1N BOOK 4, PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. City of Newport Beach ,.4-56 .,s Exhibit "B" General Plan Map Amendment z rn C MA ., PF General Plan Amendment No. GP2020-002 NE • 3014 Balboa Blvd cn aww. PA2020-060 City of Newport Beach ,.4-57 .,, Exhibit «C„ Findings in Support of GPA for Project PA2020=060 A... General Plan Consistent_ v. An amendment to the 2006 Newport Beach General.Plan Land Use Element is a legislative act. Neither Title 20 (Planning: and. Zoning) nor California Government Code Section.65000 et seq., set forth -any required findings for either. approval. or denial of -such amendments. Notwithstanding -the foregoing;: the GPA is consistent with the following City of Newport Beach General Plan. Land Use policies, applicable to the Project: . 1. Land Use Element Policy LU 2.1(Resident Serving Land Uses). Accommodate. uses,that supportthe needs of Newport Beach's residents including housing; retail, services, employment, recreation, . education, _culture, entertainment, civic engagement,. and social and spiritual activity that -are in balance with community natural resources and open spaces; and 2. Land Use Element Policy.LU 2.3 (Range of Residential Choices). Provide opportunities for the development of residential Units that respond to community and regional needs in terms of density, size, location, and cost. Implement goals, policies, programs, and objectives identified within. the- City's Housing Element: The Project would provide two additional 'housing units on a lot .that is- abutting three residential lots to the south and is located nearby the public beach and harbor. 3. Land Use -'Element Policy LU.5:1.1- (Compatible but Diverse Development): Establish -property development regulations .for residential projects to create - compatible and high -quality development that. contributes to. neighborhood character. The Property is proposed to be designated R-2 (Two -Unit Residential) by Title 20. The Project, as proposed,. meets -all development standards including floor area, setbacks, building-- height, parking, and -other design features required for R-2 (Two -Unit Residential)- properties. -The development standards ensure compatibility with the adjacent residential developmentin, the surrounding. neighborhood: ity - 4 58. 94 98 ..4... Land Use Element: Policy LU 5.1.6 (Character and Quality- of Residential : - - = Prvperties)::Require. that residential front setbacks and other areas. visible -from the.. public. street_. be_ affracfively landscaped,. trash . containers_ enclosed, and :.. driveway-andparking-paving minimized The Project- complies with' -the -required_ - ive-foot .front setback,- three-foot- side setbacks, .and 10-foot rear setback, which is consistent -with the -required setbacks . of the three residential properties to the south. -In addition, the will provide. a larger -four -foot. side setback. abutting The Landing. shopping- center. The. Project will be. landscaped to include palm trees as well as a variety of shrubs -and vines. -Finally, screened trash area. -are -pro posed in -the side yards:vf each condominium. unit.. _ . B. Tribal Consultation.Finding. Pursuant to, California Government Code Section 65.352.3-(SB-18),.a-local.goyemment is - required , to contact the appropriate tribes- identified by. the Native American, Heritage Commission t"NAHC"} each time it considers a proposal to adopt or'amend the -General - Plan. if requested . by any -tribe,, the local government must consult- for -the. purpose. of preserving.;or:mltigating impactsAo cultural _resources: Factin Support of Tribal Consultation Finding: The City.received comments,from the NAHC indicating that ninearibaf contacts should be - provided -notice regarding the,proposed GPA. The tribal -contacts`were provided -notice'on January 19, 2021. California Government Code Section 65352-.3 requires notification 90 days prior to' Council- action to allow tribal contacts to. respond -to the, request to consult. The 90-day period -to -respond expired on-April-1.8, 2021.- Dn March 3, 2021; the City participated in a consultation with the Gabrieleno Band=of Mission- Indians Kizh Nation: C, - Consistency with Charter Section 423. Charter Section 423'-requires voter approval of :any major amendment to the -General- Plan, A- major General Plan -amendment is one -that=.significantly increases allowed density or intensity. by 40,000. square feet of nonresidential.floor area, increases traffic by- more-than-1 Q0 peak -hour vehicle'trips [AM/PM); or increases residential dwelling- units by :- 100 snits.: These thresholds apply -to the total of increases resulting from the amendment itself; plus -80 percent- of the increases -.resulting from- other amendments affecting, the ity .off NwpoB ea'' 4 59 1449 same :.neighborhobd;.(define.d as':a Statistical: Area- as- shown in :the -.General --Plan Land Use Element) and adopted within the preceding ten years.. _ Council Policy A_18-. (Guide,lines for Implementing Charter- Section--423) requires -that proposed_ - amendments to the General Plan be reviewed to determine if a yvfe of .the Newport -Beach electorate would be. required.- This -policy includes a provision -that all General Plan amendments' be tracked as -"°Prior Amendments" - for- 10-years to determine if minor amendments : in- a single Statistical Area- cumulatively exccee4 the .thresholds indicated. above:- Fact in Support Finding of Consistency with Charter Section'423: The proposed . GPA ' is in � Statistical Area B5, This is .the -eighth -amendment. Within - Statistical -_Area I35 .since the General ,Plan - update in 2006.- Four .of. the -seven prior, amendments were: approved - less than: 10, -years - ago, and -continue to- be tracked consistently with the provisions of Section 423. Those are General, Plan Amendment Nos.. =- GP2012005; GP20.12-002, GP2016-001, ,and-'GP2Q2Q-Q04. The tolllowing-table shows the increases -attributable to the -subject -amendment, priorarnendments, and the resulting totals thereby demonstrating that no vote -would be'required since the Project -would not meet any, of the aforementioned, thresholds. Charter Section 423, Measure -S Analysis _for Statistical Area B-5 Amendments Increased Density -- Increased Intensity Peak Hour Trip- Increase.: AM . PM: . GP2012-005 (PA2b 12A46) . 7 0 . - .Q 0 - GP2012-002 (PA2012r031) ...,0- 23,725 -01 0 GP2016-001(PA216-061) 0 4;745. 0 0 GP2020-004-(PA2020.mDfi8) 0 - 15,103 2.8 -.. 3.05. Total Prior Increases 7- 43,573, 2.8 105 :80% of.Prior Increases -:., -5.6 .:- 34,858.4-0- -2.24. .2.44. 100% of Proposed-. GPA. (PA2020-060) - - 2 . - . 0- -. 0 ... 0.... -Total -7_6 34,858.4' 2.24 2.44. Threshold :- 100 - 40, 000 1.00 - 111emainin0 - 92.4 - - -5,141.6 - - 97.76 97.56 Vote Required? No:.No Na No - Attachment B Resolution No. 2023-12 to Approve Submittal of LCPA City of Newport Beach ,4-61 ,,, RESOLUTION NO. 2023- 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2020-005 TO THE CALIFORNIA COASTAL COMMISSION AMENDING THE COASTAL LAND USE PLAN AND TITLE 21 OF THE NEWPORT BEACH MUNICIPAL CODE LAND USE AND ZONING DESIGNATION FROM COMMERCIAL NEIGHBORHOOD (CN) TO TWO UNIT RESIDENTIAL (RT-E) AND SETBACK MAP S-213 TO REMOVE A FRONT SETBACK FOR THE PROPERTY LOCATED AT 3014 BALBOA BOULEVARD (PA2020-060) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, as set forth in Section 30500 of the California Public Resources Code, the California Coastal Act requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("CLUP"), as amended from time to time; WHEREAS, the California Coastal Commission effectively certified the City's Local Coastal Program Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -issuing authority as of January 30, 2017; WHEREAS, an application was filed by Gallo of Corona Del Mar, Inc. ("Applicant"), with respect to property located at 3014 Balboa Boulevard, and legally described in Exhibit "A," which is attached hereto and incorporated herein by reference ("Property"), City of Newport Beach ,,4-62 .,, Resolution No. 2023- Page 2 of 5 WHEREAS, the Applicant proposes to replace an existing eating and drinking establishment and to construct a new residential structure with two condominiums totaling approximately 3,564 square feet, including a two -car garage and two -car carport ("Project"); WHEREAS, the following legislative approvals are required for the Project: • General Plan Amendment ("GPA") — An amendment to the General Plan Land Use Element changing the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT); • Code Amendment ("CA") — An amendment to Title 20 (Planning and Zoning) ("Title 20") of the NBMC changing the zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and removing a front setback designation abutting the side property line on Setback Map S-2B; • Local Coastal Program Amendment ("LCPA") — An amendment to the CLUP changing the coastal land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT-E) (30.0 -- 39.9 DU/AC), Title 21 of the NBMC changing the coastal zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2), and Setback Map S-2B to remove a front setback designation abutting the side property line; WHEREAS, the Property is categorized Neighborhood Commercial (CN) by the General Plan Land Use Element and located within the Neighborhood Commercial (CN) Zoning District; WHEREAS, the Property is located within the coastal zone with a CLUP category of Neighborhood Commercial (CN) - (0.0 to 0.30 FAR) and Coastal Zone District designation of Commercial Neighborhood (CN); WHEREAS, the Planning Commission held a public hearing on January 5, 2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; City of Newport Beach ,,4-63 .,, Resolution No. 2023- Page 3 of 5 WHEREAS, at the conclusion of the hearing, the Planning Commission adopted Resolution No. PC2023-003 by a unanimous vote (5 ayes) recommending approval of the Project to the City Council; WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8 ("Section 13515"), drafts of the LCP Amendments were made available and a Notice of Availability was distributed on November 17, 2022, at least six weeks prior to the anticipated final action date; and WHEREAS, the City Council held a duly noticed public hearing on February 14, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was provided in accordance with the Ralph M. Brown Act, Section 13515 and Chapter 21.62 (Public Hearings) of the NBMC. Evidence both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby authorize City staff to submit Local Coastal Program Amendment No. LC2020-005 to the California Coastal Commission to amend the Property's Coastal Land Use Plan designation from Commercial Neighborhood (CN) to Two Unit Residential (RT-E) (30.0 -- 39.9 DU/AC), coastal zoning district designation from Commercial Neighborhood (CN) to Two -Unit Residential (R-2), and Setback Map S-2B to remove the front setback as depicted in Exhibits "B," "C," and "D," respectively, and supported by the findings set forth in Exhibit "E," which are attached hereto and incorporated herein by reference. Section 2: Local Coastal Program Amendment No. LC2020-005 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. Section 3: The LCP, including LCP Amendment No. LC2020-005, will be carried out fully in conformity with the California Coastal Act. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. City of Newport Beach 14-64 e24 Resolution No. 2023- Page 4 of 5 Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the Project is categorically exempt under the California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). Section 15302 applies to a duplex or similar multi -family residential structure totaling no more than four dwelling units. In this case, the Project, which consists of demolition of a restaurant and construction of a new residential structure with two condominiums totaling approximately 3,564 square feet, meets the criteria in Section 15303. Additionally, the exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. r City of Newport Beach ,,4-65 .,, Resolution No. 2023- Page 5 of 5 Section 7: This resolution shall take effect immediately upon its adoption by the City Council. and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 14th day of February, 2023. Noah Blom Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE ar n C. Harp City Attorney Attachment(s): Exhibit A — Legal Description Exhibit B — Coastal Land Use Plan Map Amendment Exhibit C — Coastal Zoning District Map Amendment Exhibit ❑ — Setback Map S-213 Amendment Exhibit E — Findings in Support of LCP Amendment No. LC2020- 005 City of Newport Beach ,,4-66 ,s EXHIBIT "A" Legal Description THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 40 FEET BEING PARALLEL TO AND 50 FEET FROM THE SOUTHEASTERLY LINE OF LOT 1 IN BLOCK 130 OF LAKE TRACT, AS PER MAP RECORDED IN BOOK 4, PAGE 13, OF MISCELLANEOUS MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. City of Newport Beach ,4-67 ,,, Exhibit "B" Coastal Land Use Plan Map Amendment �. rn rn LC'G 10 9 • W ofIr ` �$ nX 3� P F s 42.1 ?P J............. ' Local Coastal Program Amendment NE No. LC2020-005 (Coastal Land Use Plan) 3014 Balboa Blvd 'r PA2020-O60 Ion City of Newport Beach ,,4-68 ,z Exhibit "C" Coastal Zoning District Map Amendment z m m 4P C N,.,- rj PF f Local Coastal Program Amendment NBG(S No. LC2020-005 :Implementation Plan: _ ... .._ . 3014 Balboa Blvd PA2020-060 City of Newport Beach ,,4-69 .,, Exhibit "0" Setback Map S-2B Amendment Z m �-�F�� o Coastal Zoning District Change: Remove 3 ft front yard setback from Q ' 10 OPP. l< s A. Local Coastal Program Amendment No. LC2020-005 (Implementation Plan) 4 NK..;S 3014 Balboa Blvd O PA2020-060 •...•. " "" City of Newport Beach ,4-70 ,o Exhibit "E" Findings in Support of LCP Amendment No. LC2020-005 A. Local Coastal Program Amendment No. LC2020-005 is consistent with applicable land use policies of the CLUP as provided below: 1. Coastal Land Use Element Policy Z.Z.5 ?: Legal nonconforming structures shall be brought into conformity in an equitable, reasonable, and timely manner as rebuilding occurs. Limited renovations that improve the physical quality and character of the buildings may be allowed. Rebuilding after catastrophic damage or destruction due to a natural event, an act of public enemy, or accident may be allowed in limited circumstances that do not conflict with other policies and of the Coastal Land Use Plan. The existing building was constructed in 1902 and is considered a legal, nonconforming development due to insufficient parking and the lack of an accessibility ramp. The Property, which is 3,466 square feet in area, is relatively small and unable to accommodate a reasonably sized commercial building with the required parking to support it. As a CN-zoned property, the maximum floor area ratio (FAR) is 0.30, which allows for a 1,040-square-foot commercial building. A commercial use, such as a visitor -serving retail store, in a building of this size would typically require five parking spaces (one space required per 250 square feet of gross floor area). A new commercial building, along with the required parking and compliance with accessibility requirements would not be suitable on the property due to size restraints. A two -unit residential condominium that complies with all applicable development standards, including parking, is an appropriate replacement for the existing nonconforming restaurant. 2. Coastal Land Use Element Policy Z 3.1-5: Protect special communities and neighborhoods which, because of their unique characteristics, are popular visitor destination points for recreational uses. The Project does not change the unique characteristics of the Balboa Peninsula, nor does it deter visitors to the nearby beach. The project alleviates the nonconforming parking of the existing restaurant, which causes public parking to be occupied by patrons of the restaurant. Since the condominiums provide required parking, the supply of street parking will be better utilized for visitors to the beach. City of Newport Beach ,,4-71 ,, 3. Coastal Land Use Element Policy 2.3.1-6: Where feasible, reserve upland areas necessary to support coastal recreational uses for such uses, 4. Coastal Land Use Element Policy 2.4.1-2: When appropriate, accommodate coastal -related developments within reasonable proximity to the coastal -dependent uses they support, 5. Coastal Land Use Element Policy 2.4.1-3: Discourage re -use of properties that result in the reduction of coastal -dependent commercial uses. Allow the re -use of properties that assure coastal -dependent uses remain, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project, and 6. Coastal Land Use Element Policy 2.4.14: Design and site new development to avoid impacts to existing coastal -dependent and coastal -related developments. When reviewing proposals for land use changes, give full consideration to the impact on coastal -dependent and coastal -related land uses including not only the proposed change on the subject property, but also the potential to limit existing coastal - dependent and coastal -related land uses on adjacent properties. The Property is located approximately 450 feet from the beach. Although it is within the general vicinity of the beach, it is not an ideal location for coastal recreational uses (examples include passenger/sightseeing boats, boat rentals and sales, boat(ship repair and maintenance, etc.). The Property is abutting three residential properties to the south and is similar in size and shape to the residential lots. The Project does not result in the reduction of coastal -dependent commercial uses since the existing use is a restaurant. 7. Coastal Land Use Element Policy 2.3.1-7: Give priority to visitor -serving and recreational uses in the mixed use areas of the Balboa Peninsula, and Balboa Island. There are numerous visitor -serving uses on the Balboa Peninsula. The Property is relatively small and is more suitable for the proposed residential development. Additionally, although the existing use is not for recreational use, there are many recreational uses in other areas of Balboa Peninsula, including recreational equipment rental stores at 2001 West Balboa Boulevard, 601 East Balboa Boulevard, 2233 West Balboa Boulevard, 2000 West Balboa Boulevard, etc_ Visitor - serving and recreational Uses are a continuing priority in the surrounding area. City of Newport Beach ,;,, 8, ,Coastal Land Use Element Policy 2.7-1: Continue to maintain appropriate setbacks and density, floor area, and height limits for residential development to protect the character of established neighborhoods and to protect coastal access and coastal resources. The Project includes two residential condominiums, which is consistent with the allowed density on the adjacent residential lots located to the south. The Project also complies with development standards typical for a two -unit residential development, including setbacks, floor area, and height limits. 9. Coastal Land Use Element Policy 2.9.34: Site and design new development to avoid use of parking configurations or parking management programs that are difficult to maintain and enforce. The Project includes a compliant garage and carport configuration for each unit. This parking configuration is typical for two -unit residential developments throughout the City. The parking is directly accessed by a curb cut from Balboa _Boulevard. 10. Coastal Land Use Element Policy 2.9.3-2: Continue to require new development to provide off-street parking sufficient to serve the approved use in order to minimize impacts to public on -street and off-street parking available for coastal access, 11. Coastal Land Use Element Policy 2.9.3-3: Require that all proposed development maintain and enhance public access to the coast by providing adequate parking pursuant to the off-street parking regulations of the Zoning Code in effect as of October 13, 2005, and 12. Coastal Land Use Element Policy 2.9.3-5: Continue to require off-street parking in new development to have adequate dimensions, clearances, and access to insure their use. Title 21 of the NBMC requires two parking spaces per residential unit (one in a garage and one covered or in a garage). The Project provides one space in a garage and one covered parking space for a total of two spaces per unit. The parking spaces are accessible from Newport Boulevard and are dimensioned to comply with Title 20's minimum parking standards. City of Newport Beach ,,4-73 ,, B. The following facts support the amendment to the coastal land use and coastal zoning district from Commercial Neighborhood (CN) to Two Unit Residential (RT-E) and Two - United Residential (R-2) respectively: 1. The Property was previously zoned for residential use. Prior to the current restaurant development, the Property was developed with an approximately 750-square-foot single-family residence that was constructed in 1902. On November 10, 1986, the City Council approved General Plan Amendment 86-2 (C), Local Coastal Program Amendment No. 10, and Cannery Village Specific Area Plan Amendment No. 639, which changed the land use and zoning designations of the Property from "Two - Family Residential" to "Retail and Service Commercial," Subsequently, the former residence was improved and converted to the existing commercial use. 2. The Project, which consists of two residential condominiums, is compatible with the surrounding neighborhood. The Property is located adjacent to residential properties which are prevalent on Balboa Peninsula. The three properties to the east, which are located within the same block as the Property, are zoned Two -Unit Residential (R-2). Additionally, Two -Unit Residential (R-2) properties are located on the eastern side of Balboa Boulevard between 301h Street and 28th Street, as well as on the western side of Balboa Boulevard from 5411 Street to 2711 Street. 3. Although the Project would replace a lower -cost visitor -serving restaurant with two residential condominiums, there are numerous lower -cost restaurants located nearby. For example, the adjacent shopping center at 3100 Newport Boulevard includes Gina's Pizza, Chihuahua Cerveza, and Chipotle Mexican Grill. Additionally, nearby restaurants include Mama D's at 3012 Newport Boulevard, Sessions Sandwiches at 2823 Newport Boulevard, Avila's El Ranchito at 2800 Newport Boulevard, Laventina's Pizza at 2819 Newport Boulevard, Ho Sum Bistro at 3112 Newport Boulevard, Hook and Anchor at 3305 Newport Boulevard Suite A, Chicken Bun Bun at 3305 Newport Boulevard Suite E, Newport Fresh Sushi at 3305 Newport Boulevard Suite F, Crew Coffee at 3300 Newport Boulevard, Pavilion's Grocery Store at 3100 Balboa Boulevard, and Malarky's Irish Pub at 3011 Newport Boulevard. The Project's replacement of the existing restaurant will not change the character of Balboa Peninsula as a mixed -use area with commercial and residential uses. 4. The Property is one of five lots categorized as Commercial Neighborhood (CN) by Title 21 located on 32rld Street between Balboa and Newport Boulevards. Collectively, these Commercial Neighborhood (CN) properties total 189,562 square feet. The Property is 3,466 square feet and represents 1.8 percent of the total lot area City of Newport Beach ,4-74 ,, of these Commercial Neighborhood (CN) properties. Additionally, Commercial Neighborhood (CN) properties are located on the comer of Bayside Drive and Jamboree Road and on the corner of West Coast Highway and Balboa Boulevard. 5. When considering the Project with previously certified LCPA's, the result is an increase of land zoned for visitor serving uses. The following are amendments which have resulted in the increase in commercial uses in the Coastal Zone: a. LCP No. 50 - 1800 and 1806 West Balboa Boulevard (0.23 acres): Amendment to change the Two -Unit Residential (R-2) coastal zoning designation to Retail Service and Commercial (RSC). The property is currently developed with a visitor -serving hotel. b. LC2012-001 — 475 32"d Street (4.17 acres): Amendment to change the Public Facilities (PF) coastal zoning designation to Visitor -Serving Commercial (CV-LV). The property is currently developed with a large visitor serving hotel (Lido House Hotel). The following amendments have resulted in the loss of commercial uses and the increase in residential uses in the Coastal Zone: a. LC2002-001— 205 Orange Street (0.06 acres): Amendment to change the RSC coastal zoning designation to R-2. The property is currently developed with a residential duplex. b. LC2003-001 — 129, 131, and 133 Agate Avenue (0.18 acres): Amendment to change the RSC designation to R-2. The properties are currently developed as residential. c. LC2009-001 — 2000, 2006, 2008, 2012, 2016 East Balboa Boulevard (0.62 acres): Amendment to change the Parks and Recreation (PR) coastal zoning designation to Single -Unit Residential (R-1 ). The properties are currently developed as a private tennis club. d. LC2013-001 — 3303 Via Lido (0.4 acres)_ Amendment to change the Private Institutions (PI) coastal zoning designation to Multiple Residential (RM). The property is now currently developed with residential condominiums (Lido Villas). These previous LCPAs result in a conversion of 4.4 acres to visitor -serving commercial uses and a conversion of 1.26 acres to residential uses. There is not a cumulative effect of loss of visitor -serving commercial uses within the Coastal Zone. City of Newport Beach ,,4-75 ,, C. The amendment to Setback Map S-213 of Title 21 removes a front setback along the side property line, as shown in Exhibit "D," which would result in a three-foot side setback that is typical for residential development in the surrounding residential lots. This would allow for fences, walls, or other accessory structures to a maximum height of six feet in the side setback area, where the maximum height of accessory structures in a front setback is 42 inches. City of Newport Beach 1 ,,4-76 ,s Attachment C Ordinance No. 2023-3 to Approve CA City of Newport Beach ,,4-77 ,, ORDINANCE NO. 2023- 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO CHANGE THE ZONING DISTRICT FROM COMMERCIAL NEIGHBORHOOD (CN) TO TWO - UNIT RESIDENTIAL (R-2) AND AMEND SETBACK MAP S-213 TO REMOVE A FRONT SETBACK FOR THE PROPERTY LOCATED AT 3014 BALBOA BOULEVARD (PA2020-060) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was fled by Gallo of Corona Del Mar, Inc. ("Applicant"), with respect to property located at 3014 Balboa Boulevard, and legally described in Exhibit "A," which is attached hereto and incorporated herein by reference ("Property"); WHEREAS, the Applicant proposes to replace an existing eating and drinking establishment and to construct a new residential structure with two condominiums totaling approximately 3,564 square feet, including a two -car garage and two -car carport ("Project"); WHEREAS, the following legislative approvals are required for the Project: • General Plan Amendment ("GPA") — An amendment to the General Plan Land Use Element changing the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT); • Code Amendment ("CA") — An amendment to Title 20 (Planning and Zoning) ("Title 20") of the Newport Beach Municipal Code ("NBMC") to change the zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R- 2) and removing a front setback designation abutting the side property line on Setback Map S-2 B; and City of Newport Beach- „4-78 ,z Ordinance No. 2023- Page 2 of 4 • Local Coastal Program Amendment ("LCPA") — An amendment to the Coastal Land Use Plan ("CLUP") changing the coastal land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT-E) (30.0 — 39.9 DUTAC), Title 21 (Local Coastal Program Implementation Plan) ("Title 21 ") of the NBMC changing the coastal zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2), and Setback Map S-213 to remove a front setback designation abutting the side property line; WHEREAS, the Property is categorized Neighborhood Commercial (CN) by the General Plan Land Use Element and located within the Neighborhood Commercial (CN) Zoning District; WHEREAS, the Property is located within the coastal zone with a CLUP category of Neighborhood Commercial (CN) - (0.0 to 0.30 FAR) and Coastal Zone District designation of Commercial Neighborhood (CN); WHEREAS, the Planning Commission held a public hearing on January 5, 2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the conclusion of the hearing, the Planning Commission adopted Resolution No. PC2023-003 by a unanimous vote (5 ayes) recommending approval of the Project to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on February 14, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was provided in accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: City -of Newport Beach ,.4-79 .,, Ordinance No. 2023- Page 3 of 4 Section 1: The City Council hereby approves the code amendment to Title 20 changing the zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and removing a front setback designation abutting the side property line on Setback Map S-2B as depicted in Exhibits "B" and "C," respectively, and supported by the findings set forth in Exhibit "C" which are attached hereto and incorporated herein by reference subject to approval of Local Coastal Program Amendment No. LC2020-005 by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the Project is categorically exempt under the California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). Section 15302 applies to a duplex or similar multi -family residential structure totaling no more than four dwelling units. In this case, the Project, which consists of demolition of a restaurant and construction of a new residential structure with two condominiums totaling approximately 3,564 square feet, meets the criteria in Section 15303. Additionally, the exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Section 5: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. City of Newport Beach 44-80 40 Ordinance No. 2023- Page 4 of 4 Section 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective upon approval of Local Coastal Program Amendment No. LC2020-005 by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of February, 2023, and adopted on the 28th day of February, 2023, by the following vote, to -wit: AYES: NAYS: NOAH BLOM, MAYOR ATTEST: LEILANI 1. BROWN, CITY CLERK APPROVED AS TO FORM: CITY TTORNEY'S OFFICE r ON C. HARP, CITY ATTORNEY Attachment(s): Exhibit A — Legal Description Exhibit B — Code Amendment Map Exhibit C —Amended Setback Map S-2B Exhibit ❑ — Findings in Support of CA for PA2020-060 Gity of Newport Beach ,4-81 ._., EXHIBIT "A" Legal Description THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 40 FEET BEING PARALLEL TO AND 50 FEET FROM THE SOUTHEASTERLY LINE OF LOT 1 IN BLOCK 130 OF LAKE TRACT, AS PER MAP RECORDED IN BOOK 4, PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. City of Newport Beach ,4-82 ,,, Exhibit "B" Code Amendment Map a � Z 9 m +7 rb 9G 10 r � C N ,,,p r r�s Q °b ,�� rra Jr •7�d ' ,�i .� .� Y f tir �r r . Zoning Code Amendment No. CA2020-006 4-, NE _ 3014 Balboa Blvd 04.4I P- cis w.wa PA 20 20-060 --b- 28. 2022 City of Newport Beach 4-83 14-43 Exhibit "C" Amended Setback Map S-213 z 34 �9 m CO Zoning District Change: � � a r Remove 3 tt front yard setback LAIN rzs '10 'R i t �A �09 .AA j a Zoning Code Amendment No. CA2020-006 :'„ NE '- 3014 Balboa Blvd C,,,,0. 6 '•. PA2020-060 GPsD 17. fwxo76oeo-u.....e.r. r.ra.e City of Newport Beach ,4-84 ,.,, Exhibit "D" Findings in Support.of CAW PA2020-060 Neither Title 20 .nor State. Planning Law set for any required findings for either - approval or denial of such :amendments. Notwithstanding the foregoing, the Code Amendment is. consistent with the corresponding General Plan Amendment and Local Coastal Program Amendment t 1. The -Property was previously zoned for' residential use. Prior to. the- current restaurant development, the property was developed with an approximately 750 square -foot single-family residence that was constructed ' in 1902. On November. 10, 1986, the City Council _approved General Plan Amendment 86-2 -(C), Local Coastal Program Amendment No. 10, and Cannery Village Specific- Area Plan - Amendment No. 639, which changed the. land use and zoning designations.of the property from "Two -Family Residential" to "Retail and -Service Commercial." Subsequent to the change of land. use, . the former residence: was improved. and converted for commercial .use. 2. The proposed R�-2 bistrict is compatible with the surrounding neighborhood, as the Property is located adjacentto residential properties which are prevalent on the Balboa Peninsula. The three properties to- the south; which are located -within the. same block as the Property, are zoned as -R-2. Additional- R-2 properties on the eastern side of Balboa Boulevard are located between 301h Street ' and 28th Street,- as. welI 'as on the western side- of Balboa Boulevard from 54th Street to 27th Street. tCiy of New �ort�-Boach 4.85 94-45 Attachment D Planning Commission Staff Report, Dated January 5, 2023 Availabie separately due to bulk at: https:I/ecros.newportbeachca.gov/W EBIDocView.aspx?id=2848852&dbid =O&repo=CNB City of Newport Beach ,,4-86 ,, Attachment E Planning Commission Minutes Excerpts, Dated January 5, 2023 City of Newport Beach ,,4-87 ,, Planning Commission Regular Meeting Agenda January 5, 2023 Chair Ellmore expressed concern for parking availability during peak hours and recommended a condition of approval for valet parking on Saturday and Sunday until 8 p.m. effective immediately and no extension of operating hours Sunday through Thursday. Chair Ellmore re -opened the public hearing. Chris Burt, of Cox, Castle & Nicholson and land use counsel for the project owner, noted a reduced parking volume after 5 p.m. Chair Ellmore expressed his continued concern for parking availability based on the restaurant's past success. Mr. Burt requested the operating hours be permitted until 11 p.m. on Thursday, Friday, and Saturday to allow patrons to finish dining. Lauren Crammer supported the project, no valet parking requirements, and an 11 p.m. closing hour. Chair Ellmore closed the public hearing. Vice Chair Rosene thought that 19 stalls are a lot of spaces and noted historic parking availability. In response to his question, Deputy Community Development Director Campbell indicated that flexibility for valet parking implementation is included in the conditions of approval, suggested a future parking need, and noted the option by the Community Development Director to eliminate or expand the valet parking requirement. City Traffic Engineer Sommers explained the parking management plan process and pick-up location in the alley. Commissioner Harris thought that parking will self -regulate itself and expressed his comfort with staff having the flexibility to implement valet parking as needed. In response to his question, Deputy Community Development Director Campbell provided an update on the City-wide parking rates study, stated staff will bring forward some additional reforms in the next couple of months, noted alternative forms of transportation, and indicated the option of removing the valet parking if it is not needed once the building is full. Secretary Klaustermeier supported the item as drafted In response to Chair Ellmore's question, Deputy Community Development Director Campbell was not aware of operating hours of other sushi restaurants in Corona del Mar and noted that staff will not be aware of tenant occupancy without a building permit and certificate of occupancy and is reliant on the applicant to inform the City. Motion made by Vice Chair Rosene and seconded by Commissioner Harris to approve the item as recommended with the addition of extended operating hours to 11 p.m. on Thursday, Friday, and Saturday. A friendly amendment was made by Commissioner Harris and supported by Vice Chair Rosene to allow for operating hours until 11 p.m, every day. AYES: Harris, Klaustermeier, Lowrey, and Rosene NOES: Ellmore ABSTAI N: None ABSENT: None ITEM NO. 5 HANNA RESIDENCES (PA2020-060) Site Location: 3014 Balboa Boulevard Summary: The applicant proposes to demolish the existing restaurant building and construct two residential condominiums totaling approximately 3,564 square feet. The proposed residential development will comply with all zoning requirements for the proposed R-2 zone and no deviations are requested. The following approvals are required to implement the project: ■ General Plan Amendment — An amendment to the General Plan to change the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT). City of Newport Beach 4-88 14-48 Planning Commission Regular Meeting Agenda January 5, 2023 • Code Amendment — An amendment to Title 20 (Planning and Zoning) to change the zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and to remove a front setback designation along the side from Setback Map S-2B. ■ Local Coastal Program Amendment — An amendment to the Coastal Land Use Plan to change the coastal land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT-E) (30.0 — 39.9 DU/AC), and an amendment to Title 21 (Local Coastal Program Implementation Plan) to change the coastal zoning district from CN to Two -Unit Residential (R-2). Additionally, the amendment would remove a front setback designation along the side property line from Setback Map S-2B. ■ Tentative Parcel Map — A tentative parcel map for two -unit condominium purposes to allow the units to be sold individually. • Coastal Development Permit — A coastal development permit for the demolition of the existing restaurant and construction of the new residential condominiums. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment and that the exceptions to the Class 3 exemption do not apply; and 3. Adopt Resolution No. PC2023-003 recommending City Council approval of the General Plan Amendment, Local Coastal Program Amendment, Code Amendment, Tentative Parcel Map, and Coastal Development Permit (PA2020-050). Associate Planner Lee used a presentation to review a vicinity map for the subject property, property background, project request, Land Use Compatibility, project renderings, R-2 Development Standards, California Coastal Commission (CCC) staff concerns, commercial neighborhood properties, surrounding commercial, surrounding visitor -serving restaurants, and the cumulative effects of past Local Coastal Program Amendments (LCPAs). It was noted that City staff do not share the same concerns as CCC. The presentation further included the setback map amendments, findings, and recommended action. Commissioners reported no ex parte communications. Chair Ellmore opened the public hearing. The applicant representative thanked staff for their effort, thought it made sense to return the property to residential zoning, believed this change would improve the area and help reduce the residential deficit, and agreed to the conditions of approval. Chair Ellmore closed the public hearing. In response to Vice Chair Rosene's question, Deputy Community Development Director Campbell noted the possibility of a Fair Share Fee that would get negated by a credit for the existing commercial, but school fees would be required, and plan checking fees. City Traffic Engineer Sommers clarified that the applicant is responsible for the crosswalk alignment improvement. Motion made by Secretary Klaustermeier and seconded by Commissioner Harris to approve the item as recommended. AYES: Ellmore, Harris, Klaustermeier, Lowrey, and Rosene NOES: None ABSTAI N: None ABSENT: None City of Newport Beach 4-89 94-49 Attachment F Planning Commission Resolution No. PC2023-003 Available separately due to bulk at: https://ecros.newportbeachca.gov/WEB/DocView.aspx?id=2854933&dbid=0&repo=CNB City of Newport Beach „4-90 � Attachment G Project Plans City of Newport Beach ,,4-91 ,, (9.50TC) (9,54TC) 4) Q Fy1 I--�H J NOTE: CITY STANDARD SIDEWALLK SHALL BE INSTALLED BETWEEN BACK OF CURB AND PROPERTY LINE NOTE: HEIGHT CERTIFICATION REQUIRED LANDSCAPE CERTIFICATION REQUIRED NOTE: AN AUTOMATIC SPRINKLER SYSTEM SHALL BE PROVIDED IN ACCORDANCE WITH THE CALIFORNIA FIRE CODE CFC SECTION 903.3 THROUGHOUT ALL BUILDINGS WITH A GROUP R FIRE AREA NOTE: POSITIVE 2% SLOPE AWAY FROM BUILDING REQUIRED SEE DRAINAGE PLAN D1 NOTE: SEPARATE UTILITIES & FIRE RISERS ARE REQUIRED FOR CONDOMINIUMS NOTE: SETBACKS ARE MEASURED FROM PROPERTY LINE TO FACE OF FINISHED SURFACE, UNLESS OTHERWISE SPECIFIED NOTE: POOLS, SPAS, WALLS, FENCES, PATIO COVERS AND OTHER FREESTANDING STRUCTURES, REQUIRE SEPARATE REVIEWS AND PERMITS NOTE: FENCES, HEDGES, WALLS, RETAINING WALLS, GUARDRAILS AND HANDRAILS OR ANY COMBINATION THEREOF SHALL NOT EXCEEED 42" FROM EXISTING GRADE PRIOR TO CONSTRUCTION WITHIN THE REQUIRED FRONT SETBACK AREAS c e 11W. - c) rt PROJECT INFORMATION PROPOSED RESIDENCIAL CONDOMINIUMS A.P.N. 047-071-02 PROPOSED BUILDING ZONE: R-2 BUILDING TYPE: V-B OCCUPANCY TYPE: R-31 U LOT AREA 3,405.00 SF LOT WIDTH 40.03 FEET BUILDABLE AREA (B.A.) 2,242.85 SF MAXIMUM BUILDABLE AREA: B.A. x 2: 4,485.70 SF PROPOSED BUILDING FOOTPRINT 1,437.58 SF PROPOSED LIVING AREA UNIT "A" 1,270.94 SF PROPOSED LIVING AREA UNIT "B" 1,873.84 SF TOTAL PROPOSED LIVING AREA 3,144.78 SF TOTAL PROPOSED BUILDING AREA (INC. GARAGES) 3,564.02 SF DECK @ SECOND FLOOR UNIT "All 39.06 SF DECK @ SECOND FLOOR UNIT "B" 39.06 SF 3RD FLOOR BECK 230.00 SF MAXIMUM 3rd FLOOR BUILDABLE AREA 1,121.00 SF PROPOSED 3RD FLOOR UNIT "B" 314.16 SF PROPOSED 3RD FLOOR UNIT "B" INCLUDING DECK 544.16 SF PARKING SPACES REQUIRED 4 PARKING SPACES PROVIDED 4 UNIT 'A': 1 CARPORT + 1 CAR GARAGE (209.62 SF) UNIT 'B': 1 CARPORT + 1 CAR GARAGE (209.62 SF) ).46+9.63+8.19+7.55=34.8314=8.71 �.71 < 9.0 ADOPT 9.0 \ TRUE NORTH PROJECT NORTH ......................................... .......................................... :. . :.... :.: ::::: CLIENT: M R. MAGDI HAN NA PROJECT: RESIDENTIAL CONDOMINIUMS 3014 BALBOA BLVD. NEWPORT BEACH, CA.92663 SHEET TITLE: PROJECT INFORMATION THESE DRAWINGS AND SPECIFICATIONS ARE THE SOLE PROPERTY AND COPYRIGHT OF MARCELO E. LISCHE, ARCHITECT, A.I.A. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY WRITTEN AGREEMENT WITH THE ARCHITECT. WRITTEN DIMENSIONS SHALL SUPERSEDE SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOBS ITE. ANY DISCREPANCIES SHALL BE INMEDIATELY BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO THE COMMENCEMENT OF ANY WORK. MARCELO E- LISCHE, ARCHITECT, A.I-A, ALL RIGHTS RESERVED - JOB t DRAWN BY: P,L. CHECKED BY: M.L. SCALE: 3116' = V-0' DATE: 07/07/2021 REVISIONS: 4-92 14-52 OPEN SPACE: 6'-3" x 6'-3" x 14' OPEN SPACE: 6'-3" x 6-3" x 14' FIRST FLOOR L 13'-6" 31'-10" L G, " An' 0o SECOND FLOOR WON It THIRD FLOOR (deck is not covered) 6'-6" L —61,22 SF o D. port Cl) TOTAL BUILDING AREA (INCLUDING GARAGES): TOTAL LIVING AREA: UNIT "All: UNIT "B": COBERED GARAGE UNIT "A": COVERED GARAGE UNIT "B": TOTAL BUILDING FOOTPRINT (INCLUDING GARAGES) CARPORT UNIT "All: CARPORT UNIT "B": OPEN SPACE UNIT "A": OPEN SPACE UNIT "B": 3,564.02 SF 3,144.78 SF 1,270.94 SF 1,873.84 SF 209.62 SF 209.62 SF 1,437.58 SF 172.00 SF 172.00 SF 39.06 SF 39.06 SF :: :::: :E: :: .................... CLIENT: MR. MAGDI HANNA PROJECT: RESIDENTIAL CONDOMINIUMS 3014 BALBOA BLVD. NEWPORT BEACH, CA.92663 SHEET TITLE: AREAS CALCULATION THESE DRAWINGS AND SPECIFICATIONS ARE THE SOLE PROPERTY AND COPYRIGHT OF MARCELO E LISCHE, ARCHITECT, A.I.A. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY WRITTEN AGREEMENT WITH THE ARCHITECT. WRITTEN DIMENSIONS SHALL SUPERSEDE SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOBSITE. ANY DISCREPANCIES SHALL BE INMEDIATELY BROUGHT TO THE ATTENTION OF TIME ARCHITECT PRIOR TO THE COMMENCEMENT OF ANY WORK. MARCELO E. LISCHE, ARCHITECT, A.I.A., ALL RIGHTS RESERVED: JOB #: DRAWN BY: P.L. CHECKED BY: M.L. SCALE: 3/16" = 1'-0" DATE: 07/07/2021 REVISIONS: 0- 0 0 0 0 0 — 0 0 v 1 OF ...................... SHEETS 4-93 14-53 W 3 F__ - 5'-0" setback I e� f I I o I 0 SITE / FIRST FLOOR PLAN LIVING AREA UNIT'A': 437.04 SF / ENCLOSED GARAGE: 209.62 SF LIVING AREA UNIT'B': 581.34 SF / ENCLOSED GARAGE: 209.62 SF N53034'20"E 70.01' SCALE: 3/16" = 1'-0" `so 'O� \ UNIT "B" CL U O � M N N53034'20"E 100.12' Vltk, #=I ^ k LIVING AREA UNIT'A': 833.94 SF / DECK: 39.06 SF SCALE: 3/16" 7- 1'-0" LIVING AREA UNIT'B': 978.34 SF / DECK: 39.06 SF TRUE NORTH PROJECT NORTH ....................................................... ....................................................... : LIS : •HE ......... .�.�. ................... ............................ ................................................ ............................................... ............................................... .......... .........................: :�•. .. .:::. ........ . :.: o�: =: :�•. ::: :: . ::1.%: •.fcr: CLIENT: MR. MAGDI HANNA PROJECT: RESIDENTIAL CONDOMINIUMS 3014 BALBOA BLVD. NEWPORT BEACH, CA.92663 SHEET TITLE: FIRST AND SECOND FLOOR PLANS THESE DRAWINGS AND SPECIFICATIONS ARE THE SOLE PROPERTY AND COPYRIGHT OF MARCELO E. LISCHE, ARCHITECT, A.I.A. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY WRITTEN AGREEMENT WITH THE ARCHITECT, WRITTEN DIMENSIONS SHALL SUPERSEDE SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOBSITE. ANY DISCREPANCIES SHALL BE INMEDIATELY BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO THE COMMENCEMENT OF ANY WORK MARCELO E. LISCHE, ARCHITECT, A.I.A., ALL RIGHTS RESERVED. JOB # DRAWN BY: P.L. CHECKED BY: M.L. SCALE: 3/16" = 1'-0" DATE: 07/07/2021 REVISIONS: A- A 0 A- A A- A- A 4-94 14-54 O O m Ln Cu O Z C'7 o I will N53034'20"E 70.01' THIRD FLOOR PLAN LIVING AREA: 314.16 SF I DECK; 230 SF (deck is not covered) ROOF PLAN N53°34'20"E 100,12' IIllumCllwaalm=L11111 1 N53034'20"E 100-12' 1 SCALE: 3116" = l'-0" TRUE NORTH PROJECT NORTH ........................................................ Uri- ...................................................... . ...... .......................................... .................................................... .................................................... ................................................... .................................................. -r e. :. :;: .�: :sis: �. :.: :...ter:.. :; +' :• •.tn: :. etit •: . .. ............ .. .: «,. . C!: r CLIENT: MR. MAGDI HANNA PROJECT: RESIDENTIAL CONDOMINIUMS 3014 BALBOA BLVD. NEWPORT BEACH, CA.92663 SHEET TITLE: THIRD FLOOR AND ROOF PLANS THESE DRAWINGS AND SPECIFICATIONS ARE THE SOLE PROPERTY AND COPYRIGHT OF MARCELO E. LISCHE, ARCHITECT. A.IJL AND SHALL NOT BE V5EO ON ANY OTHER WORK EXCEPT BY WRITTEN AGREEMENT WITH THE ARCHITECT. WRITTEN DIMENSIONS SHALL SUPERSEDE SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOBSITE- ANY DISCREPANCIES SHALL BE INMEDIATELY BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO THE COMMENCEMENT OF ANY WORK. MARCELO E. LISCHE. ARCHITECT, A.I.A., ALL RIGHTS RESERVED. JOB #: DRAWN BY: P.L. CHECKED BY: M.L. SCALE: 3116" = 1'-0" DATE: 07/07/2021 REVISIONS: ---------------------------------- A.2 OF SHEETS 4-95 14-b5 EAST ELEVATION it y SOUTH ELEVATION (W. BALBOA BLVD.) c 1 imr-'F ion, SCALE: 3/16" = V-6" _3l■Tf4mes_rll Newport SCALE: 3/16" = l'-O" .............................................. ............................ ..................... :;r::��r: °nr::: ra.• ::::�: : rl: E: :•aL•: ::. _: . : :p. :;c : :. :: •:srr: :•rsr: •.tirr: CLIENT: MR. MAGDI HANNA PROJECT: RESIDENTIAL CONDOMINIUMS 3014 BALBOA BLVD. NEWPORT BEACH, CA.92663 SHEET TITLE: EXTERIOR ELEVATIONS THESE DRAWINGS AND SPECIFICATIONS ARE THE SOLE PROPERTY AND COPYRIGHT OF MARCELO E. LISCHE, ARCHITECT, A.I.A. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY WRITTEN AGREEMENT WITH THE ARCHITECT. WRITTEN DIMENSIONS SHALL SUPERSEDE SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOBSITE. ANY DISCREPANCIES SHALL BE INMEDIATELY BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO THE COMMENCEMENT OF ANY WORK. MARCELO E. LISCHE, ARCHITECT, A.I.A., ALL RIGHTS RESERVED. JOB #: DRAWN BY: P.L. CHECKED BY: M.L. SCALE: 3/16' = 1'-0' DATE: 07j0712021 REVISIONS: A.3 OF SHEETS 4-96 7 4-56 VILEST ELEVATION ESTABLISHED GRADE 9 it y RIDGE 38.0' HEM co Cn cn N F.F. 19.08' .I c ICI F.F. 9.331 — NORTH ELEVATION SCALE: 3/16" = l'-4" IrllaTeT�eiet�li Newport SCALE: 3/16" = V-0" ......................................................... .......................................................... .......................................................... ........................................................... ................ .......... ............................... ................................. ..... ...... ................. - .... - .... - ............. .................... I ........... ............. ............ ............ I .................. .................................................... :.. . } .. ... ........................................... ............... ......................................... .......... I :::.. ::: .�. _�: :E: :Ci: :•: .in :•::•..o,•::: :`4�: •- :srr: ¢:.'. :. •:urn-: CLIENT: MR. MAGDI HANNA PROJECT: RESIDENTIAL CONDOMINIUMS 3014 BALBOA BLVD. NEWPORT BEACH, CA.92663 SHEET TITLE: EXTERIOR ELEVATIONS THESE DRAWINGS AND SPECIFICATIONS ARE THE SOLE PROPERTY AND COPYRIGHT OF MARCELO E. LISCHE, ARCHITECT, A.I.A. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY WRITTEN AGREEMENT WITH THE ARCHITECT. WRITTEN DIMENSIONS SHALL SUPERSEDE SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOBSITE. ANY DISCREPANCIES SHALL BE INMEDIATELY BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO THE COMMENCEMENT OF ANY WORK. MARCELO E. LISCHE, ARCHITECT, A-I.A., ALL RIGHTS RESERVED. JOB it: DRAWN BY: P.L. CHECKED BY: M.L. SCALE: 3/16" = V-0' DATE: 0710712021 REVISIONS: A.4 SHEETS 4-97 14-57 • 0 Fr"I:J DESIGN ABBREVIATIONS BX BOTTOM OF RAMP FF FINISHED FLOOR ELEVATION FG FINISHED GRADE ELEVATION FL FLOW LINE FS FINISHED SURFACE ELEVATION GB GRADE BREAK LF LINEAR FEET SF SQUARE FEET TC TOP OF CURB TG TOP OF GRATE TW TOP OF WALL TX TOP OF RAMP GFF GARAGE FINISHED FLOOR INV INVERT ELEVATION LINE LEGEND STREET CENTERLINE PROPERTY LINE RIGHT OF WAY LINE W EXISTING WATER LINE WALL ------------ PROPOSED 4" PVC SDR-35 PIPE MINIMUM 0.8% SLOPE FEATURES LEGEND -J CONCRETE AREAS 0 LANDSCAPE AREAS DRAINAGE PIPE FLOW X % SURFACE FLOW WITH SLOPE AREA SUMMARY PROPERTY AREA = 3,405 SF OR 0.078 AC PARCEL 1 TOTAL AREA = 1,552 SF. PERVIOUS AREA = 370 SF. IMPERVIOUS AREA = 1,182 SF. PARCEL 2 TOTAL AREA = 1,853 SF. PERVIOUS AREA = 418 SF. IMPERVIOUS AREA = 1,435 SF. CIVIL ENGINEER'S NOTES • SUMP PUMP AND SUMP PUMP PIT TO BE DESIGNED BY MECHANICAL ENGINEER. • NO WQMP NOR OTHER CALCULATIONS ARE PART OF THESE PLANS. ENGINEER'S NOTES: 1. SEE STRUCTURAL PLANS FOR FOUNDATION DESIGN. 2. SEE SOILS REPORT FOR SUBGRADE PREPARATION REQUIREMENTS. HEIGHT FROM FINISHED FLOOR TO GROUND (FG) OR CONCRETE SURFACE (FS). 8" MIN TO F.G. 3" MIN TO F.S. 5% MIN IF F.G. MIN IF F.S. a f 10 FEET ADJACENT TO -/ STRUCTURE, GROUND (FG) OR CONCRETE SURFACE (FS) SHALL SLOPE AWAY FROM BUILDING AT 5% OR 2% MIN. TREATED MUD SILL PLATE FINISH FLOOR PER PLAN TOP OF SLAB DRAINAGE AWAY FROM THE BUILDING SECTION (I.B.C. 1803.3), SECTION (C.B.C. 1804A.4) SECTION (C.R.C. R404.1.6 & C.R.C. R317.1) 11 11 AC 32ND STREET I ►3 3 AC PROPOSED 9 54T 3 9.08)FU ).12 TX. 9.08)FL �f 3 9.07 BX (9 42.4' 9.53 TX (9.03)FL OPOSED Ilk CONE - 50TC) c c' S� Q \ice bb \ CONC. 5 LF. FORCE 0ti C°NC. CO.- C°NG �s DRAINAGE LINE PROPOSED �y PROPOSED ~ Z ~ Z S o S� CONc C05� 4 ° STORMWATER` PROPERTY � 6 �� U �F W UMP PUMP P S�- CONC. PLANTER BOX /N53-34'20"E °O LINE 70.01' 0c) co S WRML titi COARE A" - _ _ _ 8.70 TG 10 LF 2 LF. W . W . W . 2 <�. ;✓ , °Nc, _..< 7.35 IN 00.8% 9.20 FF @0.8%" � , ��� ZW&may %// N N' ..� S� �c� < �'� \ Z - / r PROPOSED PARCEL 1/ ,y l `'- . \9s U AND y o o Lf7 LCi L(7 W W '. " W \ ��� `♦ 1 (-` _I �� `\ 1 ♦ / MIL ,\ o ca 8.50 TG ®0.8% 11 49 coNc.AREA:L1,552 SF: Pu �� ao �. .'��� .� 7.90 TG • ; c°Nc. 7.40 INV I PARKINu �� �" °° °° . WW .'.'W �� 6.90 INV `�: ; , ,'� W , PAD `.� `�Z 8.50 TG `n �' . .�� PROPERTY �,� �'� - `,,� \ _ ao 0�S c°Nc. PROPO . . '.% LINE ' 21.0' 7.50 INV r �� ���� = CONC. I Lq . . . . . _ S� PROPE F 8% 1 8.40 TG LI P L�� _ 14.00 TW . . . . . . . LL_Ir , cn j 7.40 INV 2�FS, 8.43 FG�AC,�. Qv W ; W (9.61T U_ !� - .41FS) x N 5.2% 0 1% ��, c°NPRO OSED A L 2 `' W y CO CD I� f 00 W » > 8.40 TG °O 5 LF. �� AREA: 1,853 SF/ 2% W o CONC. O) pp s I- ? 7.30 INV (-0.8% C°NC ��FS CONC. C°NC , . mb STRIPES �� � N N ao ri C�0.8% 8.60 TG L 15 LF. �i °moo � C' • ' CON- W `r1 - - - -y - - - 7.25 INV 8% / / i oo ai 27. LF 9 UUILL I �g�6o JOIN fib- < �y - - y- '.'-- -- --� -f- ---- --- ------ --� -- --- i - --- - _-__ ------ f= EXISTING BX c°Nc. ss8 48 ,h.'.'.`.` _ --- --_ --- _- -_ _- - _ -_ I 53'34'20"E �ROPOSED PROPERTY z_ 100.129 z~`PROPOSED STORMWATER o ao o ,� rn LINE o 0 r\ � o ao r\ RIGHT OF PLANTER BOX SUMP PUMP 5 LF. FORCE � " % ROTECT EXISTING WALL WAY LINE DRAINAGE LINE C� EXISTING 12" 1 ��� BUILDING ABESTOS-CEMENT WATER MAIN PER CITY DRAWING NO. R-5014-S 3 ��. '`. ;'\ t, \ 30TH STREET 7.50 TG 6.50 INV 10' 0' 10' 20' SCALE: 1 "=10' GENERAL NOTES: 1. ALL WORK SHALL CONFORM TO CHAPTER 15 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC). 2. WORK HOURS ARE LIMITED FROM 7:00 AM TO 6:30 PM MONDAY THROUGH FRIDAY, 8:00 AM TO 6:00 PM SATURDAYS, AND NO WORK ON SUNDAYS AND HOLIDAYS PER SECTION 10-28-040 OF THE NBMC. 3. NOISE FROM EXCAVATION, DELIVERY, AND REMOVAL SHALL BE CONTROLLED PER SECTION 10-28-040 OF THE NBMC. 4. THE STAMPED SET OF APPROVED PLANS SHALL BE ON THE JOB SITE AT ALL TIMES. THE STAMPED SET OF APPROVED PLANS SHALL BE ON THE JOB SITE AT ALL TIMES. 5. DRAINAGE SYSTEM SHALL BE DESIGNED TO RETAIN CONCENTRATED AND SURFACE DRAINAGE SYSTEM SHALL BE DESIGNED TO RETAIN CONCENTRATED AND SURFACE SHEET FLOW FROM DRY WEATHER AND RUNOFF AND MINOR RAIN EVENTS WITHIN THE SITE. NBMC 15.10.120 6. FAILURE TO REQUEST INSPECTIONS AND/OR HAVE REMOVABLE EROSION CONTROL FAILURE TO REQUEST INSPECTIONS AND/OR HAVE REMOVABLE EROSION CONTROL DEVICES ON -SITE AT THE APPROPRIATE TIMES SHALL RESULT IN STOP WORK ORDER. 7. NO PAINT, PLASTER, CEMENT, SOIL, MORTAR OR OTHER RESIDUE SHALL BE ALLOWED NO PAINT, PLASTER, CEMENT, SOIL, MORTAR OR OTHER RESIDUE SHALL BE ALLOWED TO ENTER STREETS, GUTTERS OR STORM DRAINS. ALL MATERIAL AND WASTE SHALL BE REMOVED FROM THE SITE. NBMC 15.10.180 8. BETWEEN OCTOBER 15 AND MAY 15, EROSION CONTROL MEASURES SHALL BE IN BETWEEN OCTOBER 15 AND MAY 15, EROSION CONTROL MEASURES SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHENEVER THE FIVE-DAY PROBABILITY OF RAIN EXCEEDS 30 PERCENT. DURING THE REMAINDER OF THE YEAR, THEY SHALL BE IN PLACE AT THE END OF THE WORKING DAY, WHENEVER THE DAILY RAINFALL PROBABILITY EXCEEDS 50 PERCENT. 9. SEPARATE BUILDING PERMITS ARE REQUIRED FOR FREE STANDING STRUCTURES SEPARATE BUILDING PERMITS ARE REQUIRED FOR FREE STANDING STRUCTURES (FENCES, RETAINING WALLS, GAZEBO, PATIO COVER, ETC.) INSTRUCTIONS: A. SHOW FOOTPRINT OF THE PROPERTY AND IDENTIFY EXISTING AND ADDITION SHOW FOOTPRINT OF THE PROPERTY AND IDENTIFY EXISTING AND ADDITION PORTION (AS APPLICABLE). B. IDENTIFY ALL PROPERTY LINES. IDENTIFY ALL PROPERTY LINES. C. DISTINGUISH BETWEEN EXISTING HARDSCAPE AND LANDSCAPE AND DISTINGUISH BETWEEN EXISTING HARDSCAPE AND LANDSCAPE AND EXISTING HARDSCAPE AND LANDSCAPE AND HARDSCAPE AND LANDSCAPE AND NEW/PROPOSED HARDSCAPE AND LANDSCAPE IMPROVEMENTS. HARDSCAPE AND LANDSCAPE IMPROVEMENTS. D. SHOW LOCATIONS OF ALL EXISTING BUILDINGS, STRUCTURES, POOLS, FENCES, SHOW LOCATIONS OF ALL EXISTING BUILDINGS, STRUCTURES, POOLS, FENCES, RETAINING WALLS, ETC. E. SHOW LOCATIONS OF ALL EXISTING SLOPES ON AND ADJACENT TO THE SHOW LOCATIONS OF ALL EXISTING SLOPES ON AND ADJACENT TO THE PROPERTY. F. ALL SURFACES SHALL BE DESIGNED TO DRAIN AT THE FOLLOWING MINIMUM ALL SURFACES SHALL BE DESIGNED TO DRAIN AT THE FOLLOWING MINIMUM GRADIENTS. USE ARROWS TO INDICATE DIRECTION OF DRAINAGE PLAN. MINIMUM GRADIENTS FOR DRAINAGE: 1) PAVED 0.5% (MIN.) II) NOT PAVED 2 % EARTH 2.0% CONCRETE 0.5% CONCRETE GUTTER IN PAVED AREA 0.2% ASPHALT 1.0% SUBTERRANEAN DRAINAGE PIPE 1.0% G. POSITIVE DRAINAGE SHALL BE MAINTAINED AWAY FROM ALL BUILDING POSITIVE DRAINAGE SHALL BE MAINTAINED AWAY FROM ALL BUILDING (MINIMUM 2% WITHIN 10' 0" OF THE BUILDING) AND SLOPE AREAS. H. SHOW PROPOSED LOCATION OF AREA DRAINS IF A DRAIN LINE SYSTEM IS SHOW PROPOSED LOCATION OF AREA DRAINS IF A DRAIN LINE SYSTEM IS PROPOSED. I. SHOW TRENCH DRAIN IN FRONT OF DRIVEWAY (NOT REQUIRED IF DRIVEWAY IS SHOW TRENCH DRAIN IN FRONT OF DRIVEWAY (NOT REQUIRED IF DRIVEWAY IS LESS THAN 10' LONG OR DRIVEWAY IS EXISTING TO REMAIN). J. SHOW LOCATION OF PERFORATED PIPE AND PERCOLATION TRENCH. LOCATE SHOW LOCATION OF PERFORATED PIPE AND PERCOLATION TRENCH. LOCATE PERFORATED PIPE AWAY FROM FOUNDATIONS. (15' MIN. PER EVERY 2000 SQ. FT OF AREA). K. PROVIDE A DRAIN IN PLANTER IF REQUIRED FOR DRAINAGE. PROVIDE A DRAIN IN PLANTER IF REQUIRED FOR DRAINAGE. L. REFERENCE THE APPLICABLE SWALE SECTION ON PLAN. REFERENCE THE APPLICABLE SWALE SECTION ON PLAN. M. SHOW SLOPE OF DRAIN LINES (1 % MIN.) N. SELECT ONE OF THE DRIAN LINE MATERIALS LISTED BELOW AND SPECIFY ON SELECT ONE OF THE DRIAN LINE MATERIALS LISTED BELOW AND SPECIFY ON PLAN. MINIMUM PIPE SIZE TO BE 4" (NBMC 15-10-120) 1. ABS, SDR 35 4. PVC, SCHEDULE 40 2. ABS, SCHEDULE 40 5. ADS 3000 WITH PE GLUED JOINTS 3. PVC, SDR 35. 0. THE MINIMUM CLEARANCE BETWEEN EXTERIOR FINISH GRADE AND BOTTOM OF THE MINIMUM CLEARANCE BETWEEN EXTERIOR FINISH GRADE AND BOTTOM OF TREATED SILL PLATE SHALL BE 3" FOR PAVED EXTERIOR SURFACES AND 8" BETWEEN THE BOTTOM OF THE SILL PLATE AND GRADE. P. OBTAIN A PRIVATE DRAINAGE EASEMENT TO DRAIN WATER OVER ADJACENT OBTAIN A PRIVATE DRAINAGE EASEMENT TO DRAIN WATER OVER ADJACENT LAND NOT OWNED BY THE PERMITTEE. EASEMENT MUST BE RECORDED WITH THE COUNTY RECORDER'S OFFICE. Q. DESIGN DRAINAGE TO ENSURE WATER DOES NOT DRAIN OVER THE TOP EDGE DESIGN DRAINAGE TO ENSURE WATER DOES NOT DRAIN OVER THE TOP EDGE OF ANY SLOPES. PROVIDE A BERM AT TOP OF SLOPE. DRAW A SECTION THROUGH BERM. BERM TO BE 12" HIGH AND SLOPES TOWARDS THE PAD, SEE DETAIL "C". DISCHARGE OF WATER OVER SLOPES IS PROHIBITED. R. SHOW TOP AND TOE OF ALL SLOPES AND INDICATE SLOPE RATIO. MAXIMUM SHOW TOP AND TOE OF ALL SLOPES AND INDICATE SLOPE RATIO. MAXIMUM SLOPE RATIO 1:2. S. OBTAIN AN ENCROACHMENT PERMIT FROM PUBLIC WORKS FOR IMPROVEMENTS OBTAIN AN ENCROACHMENT PERMIT FROM PUBLIC WORKS FOR IMPROVEMENTS WITHIN UTILITY EASEMENT OF PUBLIC RIGHT-OF-WAY INCLUDING INSTALLING A PIPE TO DRAIN THROUGH THE CURB. APPLICATION NO.: LAND SURVEYOR: • GENERAL PLAN AMENDMENT NO. GP2020-002 RDM SURVEYING, INC. • LCP AMENDMENT NO. LC2020-005 MR. RON MIEDEMA, LS 4653 • ZONING CODE AMENDMENT CA2020-006 23016 LAKE FOREST DR. #409 LAGUNA HILLS, CALIFORNIA, 92653. • COASTAL DEVELOPMENT PERMIT NO. CD 2020-022 P: 949-858-2924 F: 949-858-3438 • TENTATIVE PARCEL MAP NO. NP2020-006 (PA2020-060) E: RDMSURVEYING@COX.NET • COUNTY MAP NO. 2020-134 PREPARED BY: PREPARED FOR: ARCHITECT: COUNTY BENCHMARK: BASIS OF BEARINGS: LEGAL DESCRIPTION: Date Panted: Design Development SHEET 06-08-2020 ❑ 9 P DRAINAGE PLAN �OFESS GALLO OF CORONA MR. MARCELO E. LISCHE, AIA DESIGNATION: J-782 THE CENTERLINE OF BALBOA O Q Ny PORTION OF BLOCK 130 OF Date Surveyed: ❑ Progress Const. Docs. �,, R ,qR �l 02-06-2020 DEL MAR, INC. FD 3-3/4" OCS ALUM. BOULEVARD HAVING A 4 P� Mi �"� LAKE TRACT AS PER M.M. 4 � /� �� ' ' E City Submittal ' � icy, rn �' PAGE 13, RECORDED IN THE Project Number: MR. MAGDI HANNA 2152 DUPONT DRIVE #255 STAMPED BM DISK SET IN NE BEARING OF N37'1317 W AS No.78100 ,�, 1 20-034 IRVINE, CALIFORNIA 92612 CORNER OF THE INTER OF SHOWN ON PARCEL MAP 3014 WEST BALBOA BOULEVARD w m COUNTY OF ORANGE ❑ Bid Package 3345 NEWPORT BOULEVARD 29TH ST. & NEWPORT BLVD. RECORDER'S OFFICE. surveyed By: N0.91-180, P.M.B. 272, ❑[V] L RECORDED IN 0 H ❑[EH0 [V]�. NEWPORT BEACH, CA, 92663. PAGES 37-38, NEWPORT BEACH, U" A 92663. s * RDM SURVEYING El Construction Issue DATUM: NAVD88 � CIVIL �P Drafted By: CIVIL ENGINEERING LAND SURVEYING ♦ NPDES COMPLIANCE THE COUNTY OF ORANGE F 0 H.L. ❑ Record Drawings 6782 Stanton Avenue, Suite A, • Buena Park, California, 90621. P: 949-723-2000 P: 949-293-5406 YEAR LEVELED: 2015 RECORDER'S OFFICE. (FOR CONDOMINIUM PURPOSE ONLY) ff 0 0 - FChecked I3 T: 714.522.2266 • F: 714.752.5384 • www.CRFengineering.com F: 949-723-0500 E: MLISCHE.AIA©GMAIL.COM ELEVATION: (6.978 FT) APN: 047-071-02 y C.R., PLS ❑ Construction Staking0 OF 2 SHEETS 4-99 14-59 2 BAGS HIGH UNLESS OTHERWISE SHOWN ON PLAN GRAVELBAGS TYPICAL SECTION TYPICAL ELEVATION BMP SE-6 NTS GRAVELBAG EROSION CONTROL CONTAINMENT BERM, DETAIL 1 CONTAINMENT BERM FABRIC 10 mil. POLY 4 BAGS HIGH UNLESS [AREA] OTHERWISE SHOWN 10' MIN. SECTION PLAN VIEW BMP WM-8 NTS WASTE MANAGEMENT (TEMPORARY CONDITION) BMP SE-10 MESH FABRIC SILT SCREE GRAVELBAGS DRAIN INLET /SEE DETAIL # 1 PROPOSED FINISHED GRADE III III -III II PROPOSED II II -III -III- CA CH BASINI III III III APPLIES AFTER —III INSTALLATION OF III h DRAIN INLETS II -III III III III III IIII IIIIIIIIII 1III-III NTS DRAIN INLET PROTECTION 1U MAX. WITH WIRE (6, MAX. WITHOUTWIRE) I --TAME AND VERTICAL WIRES I /j SHALL BE 12 112 GAUGE MIN. TOP AND BOTTOM STRAND j SHALL BE 10 GAUGE MIN. - WIRE NOTES 1. WIRE SHALL BE A MINIMUM OF 32" IN WIDTH AND SHALL HAVE A MINIMUM OF 6 LINE WIRES WITH 12" STAY SPACING 2. FILTER FABRIC SHALL BE A MINIMUM OF 36" IN WIDTH AND SHALL BE FASTENED ADEQUATELY TO THE WIRE. 3. STEEL POST SHALL BE 6-0" IN HEIGHT AND BE OF THE SELF -FASTENER ANGLE STEEL TYPE, 4. WOOD POST SHALL BE 6-0" IN HEIGHT AND WIN DIAMETER. NTS FILTER FABRIC EXTENSION OF FABRIC AND WIRE INTO TRENCH SILT FENCE DETAIL 20'�,-'�qti RAISED RIB STEEL PLATES ' CASQA TC-1 3"-6" COARSE AGGREGATE FILTER FABRIC �a ROUGH GRADED SURFACE 12" MIN. NOTES: 1. PROVIDE AMPLE TURNING RADII AS PART OF ENTRANCE. 2. ENTRANCE WILL REQUIRE PERIODIC TOP DRESSING WITH ADDITIONAL AGGREGATE. 3. SEE TC-1 OF"THE CALIFORNIA STORMWATER BMP HANDBOOK". NTS STABILIZED CONSTRUCTION ENTRANCE EROSION CONTROL: 1. TEMPORARY EROSION CONTROL PLANS ARE REQUIRED FROM OCTOBER 15 TO MAY 15. 2. EROSION CONTROL DEVICES SHALL BE AVAILABLE ON -SITE BETWEEN OCTOBER 15 AND MAY 15. 3. BETWEEN OCTOBER 15 AND MAY 15, EROSION CONTROL MEASURES SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHENEVER THE FIVE-DAY PROBABILITY OF RAIN EXCEEDS 30 PERCENT. DURING THE REMAINDER OF THE YEAR, THEY SHALL BE IN PLACE AT THE END OF THE WORKING DAY, WHENEVER THE DAILY RAINFALL PROBABILITY EXCEEDS 50 PERCENT. 4. TEMPORARY DESILTING BASINS, WHEN REQUIRED, SHALL BE INSTALLED AND MAINTAINED FOR THE DURATION OF THE PROJECT. 11 AC I _'_�EDNC. +r f CDNC aF�. In IFS I CONC. CDNC, `�. OFS, h CDS,• ti �CONCLIO�;�M�yF�DNC. I CDNC. CONSTRUCTIONI G/ w �I �� i REPLACE GRAVEL;1,BAGS AFTER EACH_W RISING D Y , DURING RAINY �EASON 1� z (OCTOBER 1 STTAP 1L 30 ) o�E r DNC. L C9.61T . CON CDNG S� CDNC. NSF C. AC ha�G 42.4' CF.W. 1.9 GUT '9 (9.SSFS CONC. S� R8 S� h� `qa RIGHT OF WAY LINE :�w.►v.��..��s�wr� MAN a�.I ' ►4. . .� CDNC CONC. -W5,3'34'20"E CDNC / CONC. hFS, O coNc, PROPERTY P- jLINE 7n-Mill P CONIC. CONC. - ��� CDNC. CDNC. d `. v ' <rL. ' _,♦_� a r♦ 1, i \ \ , 1 P <1.J. PARKING L17 -, CO`� •. . C�N�. PROPERTY ' ♦ < < \ ' W LINE ti0 CDNC S�- ti CDNC. ,41FS) CONIC. `�2gF...X ... F �� h� CDNC, WM-8 F CONC. /641 CDNC. CDNC.HE .CDNC.. R 00, STRIPES z� 2 -- -- ---- 3 `�� 3� 3 3 j .` . S 3 L 4 6:v ti N53'34 20 E 100.12 � h " ���3 PROPERTY 1 4 0/ o LINE d 1-� cr F BUILDING 1 1 ` _ ♦ . \ice .♦J♦�• <w\ � .. EROSION CONTROL NOTES & QUANTITIES 1❑ INSTALL EROSION CONTROL GRAVEL BAGS PER DETAIL 1. 179 LF. 2❑ INSTALL CONCRETE WASTE MANAGEMENT AREA PER DETAIL 2. 1 EA. 3❑ INSTALL DRAIN INLET PROTECTION PER DETAIL 3. 11 EA. 4❑ INSTALL SILT FENCE WITH CLOTH PROTECTION PER DETAIL 4. 179 LF. 5❑ STABILIZED CONSTRUCTION ENTRANCE PER DETAIL 5 MODIFIED FOR SITE. 1 EA. LEGEND c-rz r� EROSION CONTROL GRAVEL BAGS 10' 0' 10' 20' SCALE: 1 "=10' PREPARED BY: PREPARED FOR: ARCHITECT: COUNTY BENCHMARK: BASIS OF BEARINGS: LEGAL DESCRIPTION: Date Printed: 06-08-2020 ❑ Design Development SHEET EROSION CONTROL PLAN R°LESS'° GALLO OF CORONA MR. MARCELO E. LISCHE, AIA DESIGNATION: J-782 THE CENTERLINE OF BALBOA O Q Nq PORTION OF BLOCK 130 OF Date Surveyed: ❑ Progress Const. Docs. �, R. R 4l 02-06-2020 DEL MAR, INC. FD 3-3/4" OCS ALUM. BOULEVARD HAVING A P� A4i �"� LAKE TRACT, AS PER M.M. 4, I� �� City Submittal MR. MAGDI HANNA 2152 DUPONT DRIVE #255 STAMPED BM DISK SET IN NE BEARING OF N37'1-317 W AS No.78100 , RECORDED IN THE Project Number: IRVINE,CALIFORNIA92612 CORNER OF THE INTER OF ' w " N m COUNTY OF ORANGE 20-034 ❑ Bid Package C SHOWN ON PARCEL MAP 3014 WEST BALBOA BOULEVARD � � � Surveyed By: 3345 NEWPORT BOULEVARD 29TH ST. & NEWPORT BLVD. N0.91-180 P.M.B. 272, RECORDERS OFFICE. NEWPORT BEACH, CA, 92663. PAGES 37-38, RECORDED IN NEWPORT BEACH, ORN A 92663. * * RDM SURVEYING ❑ Construction Issue DATUM: NAVD88 ? � CIVIL �P Drafted By: CIVIL ENGINEERING LAND SURVEYING NPDES COMPLIANCE THE COUNTY OF ORANGE H.L. ❑ Record Drawings 6782 Stanton Avenue, Suite A e Buena Park, California, 90621. P: 949-723-2000 P: 949-293-5406 YEAR LEVELED: 2015 RECORDER'S OFFICE. (FOR CONDOMINIUM PURPOSE ONLY) F CA1 �F� T: 714,522.2266 • F: 714.752.5384 • www.CRFengineering,com F: 949-723-0500 E: MLISCHE.AIA@GMAIL.COM ELEVATION: (6.978 FT) APN: 047-071-02 Checked By: ❑ Construction Staking C.R., PLS OF 2 SHEETS 4-100 14-60 ASSESSOR PARCEL NUMBER GENERAL NOTES FLOOD ZONE APPLICATION NO.: APPLICABLE CITY STANDARD: 047-071-02 J 1. GROSS AREA: 3,405 SF. OR 0.078 ACRES GENERAL PLAN AMENDMENT NO. GP2020-002 - ► - PROPOSED USE OF LAND FEMA MAP N0. 06059C0381K RESIDENTIAL DRIVEWAY APPROACH TYPE I (STD 162)\,M.y RESIDENTIAL/CONDOMINIUM 2. THE PROJECT IS LOCATED ON ZONE "X" AREA DETERMINED TO BE > CITY OF NEWPORT BEACH, 060227 LCP AMENDMENT NO. LC2020-005 SIDEWALK (STD-180) '" �. INSIDE OF 0.2% ANNUAL CHANGE FLOODPLAN, PER FEMA MAP NO. " GENERAL PLAN LAND USE µ- �, 06059CO381 K, CITY OF NEWPORT BEACH 060227, MAP REVISED ON FLOOD ZONE: ZONE "X" ZONING CODE AMENDMENT CA2020-006 SEWER LATERAL CONNECTION TYPE "A" (STD-407) a { . �� ' CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT MARCH 21, 2019. '� �' •' y • COASTAL DEVELOPMENT PERMIT N0. CD 2020-022 ,� ", J` ' ZONING 0.2% ANNUAL CHANGE FLOOD HAZARD 1 WATER SERVICE (STD-502) , .' �V- - ' I - ;' - 3. ON SITE SEWER AND STORM DRAIN WILL BE PRIVATE. ' ``b � � � • B CN COMMERCIAL NEIGHBORHOOD TENTATIVE PARCEL MAP NO. NP2020-006 (PA2020-060) ' } DATED MARCH 21, 2019. WATER METER ASSEMBLY (STD-507) G } _J . t '. m••� . lir LOT AREA: 20,000 SF. 4. NO EXISTING EASEMENTS.r [ .'Y, • COUNTY MAP NO. 2020-134 LOT WIDTH: 25 FT. SEWER & WATER SEPARATION (STD 500-A&B) FRONT SETBACK: 0 UTILITY PROVIDERS: ^" Y9 ' • r a'= " SIDE SETBACK: a PRIVATE DRAINS THROUGH CURB (STD-184) E•. t,y .►I'i�i■, r 1!t' ABUTTING NONRESIDENTIAL 0' CITY OF NEWPORT BEACH..................................WATER 1-949-644-3066 • SEWER LATERAL WITH CLEANOUT STD-406� _ ,, ABUTTING RESIDENTIAL 5 ( ) ;.ti ` CITY OF NEWPORT BEACH..................................SEWER 1-949-644-3066 STREET 0' CITY OF NEWPORT BEACH. STORM DRAIN 1-949-644-3066 3 2 N D S T R E E T PROJE T SIT REAR SETBACK: """"""""""' � CURB ACCESS RAMP (STD-181) o ABUTTING AN ALLEY 10CITY OF NEWPORT BEACH.............TRASH COLLECTION 1-949-644-3066 NOT ABUTTING AN ALLEY 0' SOUTHERN CALIFORNIA EDISON ELECTRIC 1-800-655-4555 _: r • � ; ��, • , _ - ,- a t w -800-427-2200TRESIDENTIAL 5THE GAS COMPANY.................................................GAS 1N0BULKHEADSETBACK: FLOOR AREA RATIO: 0.3 f •' ` • -' HEIGHT: WITHIN SHORELINE 26' (FLAT) VICINITY MAP 31' (SLOPED) N . T. S NOT WITHIN SHORELINE 32' (FLAT) 37' (SLOPED) � 3 EXISTING LEGAL DESCRIPTION - THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: DESIGN ABBREVIATIONS LINE LEGEND THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN BX BOTTOM OF RAMP THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF r, FF FINISHED FLOOR ELEVATION STREET CENTERLINE CALIFORNIA, THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 40 FIG FINISHED GRADE ELEVATION FEET BEING PARALLEL TO AND 50 FEET FROM THE SOUTHEASTERLY LINE FL FLOW LINE PROPERTY LINE OF LOT 1 IN BLOCK 130 OF LAKE TRACT, AS PER MAP RECORDED IN z PRELIMINARY LOCATION OF ''�` FS FINISHED SURFACE ELEVATION - - RIGHT OF WAY LINE BOOK 4, PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE CURB ACCESS RAMP PER <�`�- r` '_ - �"•��' � *� � %-' �.. GB GRADE BREAK COUNTY RECORDER OF SAID COUNTY. CITY OF NEWPORT BEACH `�' ' ��' ' \.� r� ! HP HIGH POINT W EXISTING WATER LINE STANDARD 181 TYPC`A LF LINEAR FEET CIVIL ENGINEER'S NOTES: - - `-' MM MISCELLANEOUS MAPS WALL * SF SQUARE FEET EXISTING STRUCTURES TO BE DEMOLISHED. ,J`:v' K� SW SIDEWALK TX TOP OF RAMP * EXISTING UTILITIES TO BE ABANDONED AND REMOVED. _� ;D 3 RIGHT OF TG TOP OF GRATE FEATURES LEGEND r`. * FULL WIDTH OF STREET SHALL BE SHOWN ON STREET ai an WAY LINE x/ - - - ,��� APN ASSESSOR PARCEL NUMBER 04 o w C°NC, ,`.`:' DWY DRIVEWAY APPROACH CONCRETE AREAS IMPROVEMENT PLAN �%-� 0 8% MAXw a 0° w > S, > CONC. <-i \� r'-',-' - GFF GARAGE FINISHED FLOOR TITLE REPORT: Q ° SLOP N 3 ow ¢ °- R z �2 C°NC. �' S S ' - ` m '� Ly' t� C°NC. �°�" C°NC. H F O CONC. a°� _ \i: <.`✓ ,`p ♦ ` ♦ `' i .. z� cn ¢w o PROPERTY o ��`' �� , �„ , \,K r INV INVERT ELEVATION JOIN TO . p 'i i2 ao ao �� - ` - \ 0 LANDSCAPE AREAS g L �, ao P a < L - \ _ r - , MUTCD MANUAL ON UNIFORM o a a' o N53'34 20 E oo ca 70.01' ao'o a° •.�.' -,`_< `\` TITLE REPORT PREPARED BY FIDELITY NATIONAL 04 42.41 �3EXISTING d i _ _ - - <�� ,�\ TRAFFIC CONTROL DEVICES PRELIMINARY LOCATION OF _77'TITLE INSURANCE COMPANY DATED MARCH 13, -- - - - - DRAINAGE PIPE FLOW 2020 WITH ORDER N0. 989-30045172-BAM ENHANCED CONTINENTAL ] PROPOSE > +�--c°�c.-• - _f =_- _ _-_ -�� f -- --- 3B�19WOF MUTCDFIGURE OVERFLOW C 5901N I . = ��,' V d - 21.0 8.70 TG GS, IFS 2 LF. NO EASEMENTS LISTED ON TITLE REPORT NOR OUTLET 1 o =, S f 2% �� ��� ��� %SURFACE FLOW WITH SLOPE HEREON SHOWN. �J 9.58 TX vi o 7.35 IN 9.20 FF ��"� c°NC�F� ®0.8% � f � '• � '��`' X.X REMOVE ALL _ _ _ 3 �, CROSSWALK (9'08)� Ter- PROPOSED PARCEL 1 ''` `` 'L'� �. 0 PROPOSED SEWER " 8.50 TG 4" STUB SEWER'< AREA, 1,552 SF. �6 C'4 0' Go `. �4 .�� 7.90 TG WRITTEN STATEMENT: STRIPIN 9 2 TX N ' cn i- zo � C�� © rn - I ►- m w o w 5 LF. LATERAL POINT P ao ao • , (I) THE SITE IS CURRENTLY BEING USED 08)FL �' � c0 o ocr, a7.40 INV w 6.60 SS -►NV OF CONNECTION. - a z 0 0 coo a 51% I ®0.8% . - - - - ( PARKING `� 6.90 INV EXISTING WA R' I Q � o� �o M- o COMMERCIALLY FOR A TACO RESTAURANT. THE SITE (5.52)SS-INV METE TO B w vi a o _ S„ c°Nc PROPERTY ABAN ONED a U cn c6 8.50 TG mil PROPOSE / ' ` ' . . . " .� LINE WILL BE USED FOR RESIDENTIAL CONDOMINIUM-- `�� - `°Nc PROPERTY LINE "' ` - PURPOSES ONLY. A DUPLEX IS BEING PROPOSED. M PROPOSED WATER SERJICE _ � 2% 8% POINT OF CONNECTION. �-I w `� , 14.00 TW 9.07 BX o N a w 7.40 1NV FS II A DUPLEX BUILDING WILL BE CONSTRUCTED ON PROPOSED SEWER LATERAL =1 4- a a w = o w 8.43 FG O - - AREA SUMMARY POINT OF CONNECTION. �9'03)�' v a' �I >cn 5.2% 0 5 LF. �F 41FS PROPOSED PARCEL 2 SITE. NEW WATER LINES WILL HAVE TO BE ¢ w z d - o ' PROPOSED WHILE IDEALLY REUSING THE EXISTING 3 �l ~ o ®0.8% " o AREA: 1,853, SF., . F •` 5.40 SS-INV 42 4' E o 0o a8.40 TG 4 STUB SEWER o 2% ? , • - sp PROPERTY AREA 3,405 SF OR 0.078 AC � W n CONC. S y M C. SEWER LATERAL. SAID IMPROVEMENTS ARE c°N - O 0 NV 7.3 I EXPECTED TO BE COMPLETED EARLY 2022. EXISTING SEWER CLEANOUT _ I S, Qo rya v, 6.50 SS- NV O�eF U_ U_ N �.cS- TO BE ABANDONED. CAP ,a AQ.I.;, bE __co S, C°NC. o L` �W PARCEL 1 T PROPERTY LINE. ss E ��2� 15 LF. ai °�° n TOTAL AREA = 1,552 SF. (III) IT IS INTENDED TO RE -USE THE EXISTING 9.53 •• -LEAN T � t�0g� °O 06 27• W.'���. 7.50 TG SEWER LATERAL ON SITE IF PERMITTED. PROPOSED r9.03 - 1 _ .-•• • `�•W • 6.50 INV TRASH AREAS ARE DESIGNATED FOR EACH UNIT } - =5' -- ---- o _ '- - -� PERVIOUS AREA = 370 SF. w - -- - --- _ _-------- - -- ----- '--------- - -- � IMPERVIOUS AREA - _- 1,182 SF. ON -SITE. _EXISTING BX W J �_- - 42.41' PROPOSED d b; C/, a o ''-' z . N53'34'20"E 0 > 0 > 100.12' 0 > �� �� PARCEL 2 (IV) NO PUBLIC AREAS ARE PROPOSED. EACH OVERFLOW w �`' m w J m z PROPERTY a-? _ ? o� tio� TENANT IN THE DUPLEX WILL HAVE THEIR OWN OUTLET N ¢ c� Tn'_06 00o TOTAL AREA = 1,853 SF. c�¢ ,"�, 3aaw x o ono LINE nN WALKWAY AREAS ADJACENT TO 3 > a cil ow ¢ ¢ w `V od �ci ''� oo ca VROTECT THE PROPOSED BUILDING. SW PER CITY JOIN TO a o a z °a PERVIOUS AREA = 418 SF. STD-180 EXIS NG 4 _J Q c~n a J r *_� EXISTING WALL IMPERVIOUS AREA = 1,435 SF. (V) TWO BIORETENTION PLANTERS ARE BEING EXISTING 12" EXISTING SEWER LINE o - BUILDING PROPOSED TO HELP TREAT THE WHOLE SITE WITH ABESTOS-CEMENT PER CITY OF ANY OVERFLOW DISCHARGING INTO THE STREET. w WATER MAIN PER NEWPORT BEACH ,- ` CITY DRAWING N DRAWING NO. < `v (VI) ANY RESTRICTIVE COVENANTS ARE ATTACHED IN N R-5014-S. NO. R-5014-S THIS SUBMITTAL PER ITEM 2 OF THE PRELIMINARY TITLE REPORT. Azn 3 ♦ �� \ice LAND SURVEYOR: RDM SURVEYING, INC. MR. RON MIEDEMA, LS 4653 23016 LAKE FOREST DR. #409 10' 0' 10' 20' LAGUNA HILLS, CALIFORNIA, 92653. P: 949-858-2924 F: 949-858-3438 SCALE: 1 "=10' E: RDMSURVEYING@COX.NET -+� 30TH STREET PREPARED BY: PREPARED FOR: ARCHITECT: COUNTY BENCHMARK: TENTATIVE PARCEL MAP NO. NP2020-006 BASIS OF BEARINGS: Date Printed: 05-02-2022 ❑ Design Development SHEET Q�QFESS/�N Date Surveyed: GALLO OF CORONA MR. MARCELO E. LISCHE, AIA DESIGNATION: J-782 O q THE CENTERLINE OF BALBOA y ❑ Progress Const. Docs. DEL MAR, INC. FD 3-3/4" OCS ALUM. COUNTY MAP NO. 2020-134 Q� R M�l�� BOULEVARD HAVING A 02-06-2020 � /C., �� � City Submittal Project Number: MR. MAGDI HANNA 2152 DUPONT DRIVE #255 STAMPED BM DISK SET IN NE COUNTY �`�' No.78100 `'� BEARING OF N37.13'17"W AS 20-034 IRVINE, CALIFORNIA 92612 CORNER OF THE INTER OF 1 w N rT1m SHOWN ON PARCEL MAP ❑ Bid Package 3345 NEWPORT BOULEVARD 29TH ST. & NEWPORT BLVD. 14 BALBOA BOULEVARD � NO.91-180, P.M.B. 272, Surveyed By: [��(M0 H [F.[ENU H NEWPORT BEACH, CA, 92663. * * RDM SURVEYING ❑ Construction Issue CIVIL ENGINEERING LAND SURVEYING ♦ NPDES COMPLIANCE DAT NAVD88 , 92663. r CIVIL �Q PAGES 37-38, RECORDED IN Drafted By: NE O BEACH, CALIFORNIA, THE COUNTY OF ORANGE H.L. ❑ Record Drawings 6782 Stanton Avenue, Suite A, • Buena Park, California, 90621. P: 949-723-2000 P: 949-293-5406 YEAR EV D: 2015 F CAO- ' RECORDER'S OFFICE. T:714.522.2266 IN F: 714.752.5384 • www.CRFengineering.com F: 949-723-0500 E: MLISCHE.AIA@GMAIL.COM EV ION (6.978 FT) (FOR7ONDOMINIUM PURPOSE ONLY) C Checked By: C.R., PLS E] Construction Staking OF I SHEETS 4-101 14-61 Q W 0 Pq W 3 0 51 NGLE as alz: .-I _ IZ: =i , , 1 = 'i, 14 IFT'i'l -p.: PC, _ ►! 4RWAI . QUALIFICATIONS FOR "PRESCRIPTIVE COMPLIANCE: (PROJECT 15 LESS THAN 500 5F) TOTAL NEW LAND5CAPE AREA: 420 SF. TURF AREA: 0 S.F. / PLANTING AREAS (LESS TURF): 420 SF. (REHABILITATED LANDSCAPE AREA: 0 SF) WATER SUPPLIER: CITY OF NEWPORT BEACH CA. (POTABLE) PROJECT TYPE: RESIDENTIAL DUPLEX APPLICANT: MAGDI HANNA 3345 NEWPORT BLVD., SUITE 203 NEWPORT BEACH, CA. 92663+ CONTACT: MAGDI HANNA (949)123-2000 1. TURF AREA IS LESS THAN 25% OF LANDSCAPE PLANTING AREA. 2. AT LEAST 15% OF LANDSCAPE AREA 15 PLANTED w/ CLIMATE ADAPTED PLANT w/ AN AVERAGE WUCOLS PLANT FACTOR OF 03 OR LESS. 3. COMPOST AT A RATE OF FOUR (4) C.Y. PER 1,000 S.F. IS TO BE INCORPORATED TO A DEPTH OF 6" MIN. 4. A THREE INCH LAYER (3") OF MULCH WILL BE APPLIED TO ALL PLANTING AREAS, EXCLUDING TURF AREAS (SEE NOTE HEREON). 5. THE IRRIGATION DESIGN WILL INCORPORATE AN AUTOMATIC IRRIGATION CONTROLLER (w/ "SMART TECHNOLOGY"), 4 MANUAL SHUT-OFF CONTROL VALVES. AGREE TO COMPLY WITH THE REQUIREMENTS OF THE PRESCRIPTIVE COMPLIANCE OPTION TO THE MWELO. ROBERT CLARK GRAVES, ASLA CA. REGISTERED LA 01213 PLANTING LEGEND: TREES: 5HRUB5: VINES: 5Y1"I. ARCHONTOPHOEN I X CUNN I NGHAMI ANA COMMON NAME KING PALM DIANELLA REVOLUTA BABY BLISS BABY BL155 (MOB) PP 18,SSB FLAX LILY DIANELLA TA5MANICA m "VARIECGATA" 0 LAURl15 NOBILI5 0 PENNI5ETUM SPATHEOLATUM ,g : • TRACHEL05PERMUM JA6MINOIDE5 MISCELLANEOUS WHITE STRIPED TASMAN FLAX LILY � q ; RYE PUFFS BOUGAINVILLEA (VARIETY A5 SELECTED) STAR JASMINE QUAN. SIZE 2 1 24" BOX SINGLE TRUNK 24" BOX DOUBLE OR TRIPLE TRUNK 8 1 GAL. 18 5 GAL. 0 /0 0 2 PLANT FACTOR 0.4-0b (M) 0.1-03 (L) 0.4-0b (M) 15 GAL. COLUMNAR FORM - MATCHED 0.1-03 (L) 1 GAL. AVAILABLE FROM WATERWISE 0.1-03 BOTANICALS (160)128-2641 (L) 5 GAL. ATTACH TO WALL OR FENCE VIA 0.1-03 (HORIZONTAL) S.S. CABLE SUPPORTS (L) 5 GAL ATTACH TO WALL OR FENCE VIA 0.4-0b (HORIZONTAL) S.S. CABLE SUPPORTS (M) OI ENRICHED PAVING TEXTURE (INTERLOCKING PAVERS - TYP. INDJ OCONCRETE PAVING - 5AND-WASHED FIN15H - (TYP. INDJ OPROVIDE 12" x 18" VINE PLANTING POCKETS IN PAVING (TYP. EA. VINE IN REAR PATIO) OEXI5TIN6 MA50NRY WALL TO REMAIN - PROTECT IN PLACE ONEW MASONRY WALL - SEE ARCHITECT'S PLANS 2RIGATION NOTES: 46 AREAS WILL BE IRRIGATED \/IA AN AUTOMATIC SYSTEM, DES 1 GNED TO PROVIDE FOR REDUCED WATER ,N, IN COMPLIANCE w/ ALL CITY 4 STATE CRITERIA (I .E.: ' and/or POINT-TO-POINT). THE IRRIGATION CONTROLLER 'ORATE 'SMART' TECHNOLOGY ALLOWING FOR AUTOMATIC ADJU5TMENT5 THROUGH THE USE OF 5PIRATION (ET) CAPABILITIES. ALL EQUIPMENT, INCLUDING PREVENTION DEVICES WILL BE RESTRICTED TO THE OPERTY, SCREENED FROM PUBLIC RIGHT-OF-WAY AREAS. PLANTING, ALL 5HRUB/GROUNDCO\/ER BEDS SHALL 3" MINIMUM LAYER OF MEDIUM GRIND MULCH. Gl?4iej;_ All SIGNATURE W s� _ .o'-2a-2�.. 01 `£ OFA0L\�!P L6 w CD 8 CD U [G � .-.� Q N w o co 0 ~rl_ co U o W 04 cm CO o w CL 3 9 z U w U w CL v cn 0 z a J X w E - L 6 � � CD 4-1 a �JOL O O m Z D_ Z O aaa � � u O �ry O UO a a a -� N 11 0 V vj Iu-i m O z W z O QLL,QW U v) 0 Ole 0 V SHEET L —' I OF JOB S014 K EAIDOA BLVD. Attachment H Correspondence City of Newport Beach ,4-103 ,,, STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM. GOVERNOR CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD. SUITE 300 LONG BEACH, CA 90802-4325 VOICE (562) 590-5071 FAX (562) 590-5084 Date: October 19, 2022 To: The Honorable Newport Beach City Council Re: Draft Local Coastal Program Amendment to Revise Land Use Designation and Zoning Revision for 3014 Balboa Boulevard Thank you for the opportunity to review the draft amendment to the City of Newport Beach certified Local Coastal Program (LCP) for the Hanna Residences. The draft amendment would revise the Land Use Plan (LUP) and Implementation Plan (IP) to allow residential uses, rather than commercial uses, at 3014 Balboa Boulevard. The project site is in the coastal zone of the City of Newport Beach. The following comments address the draft LCP amendment and proposed project's consistency with Chapter 3 policies of the California Coastal Act of 1975_ The comments contained herein represent preliminary review by Coastal Commission staff; the comments should not be construed as representing the opinion of the Coastal Commission itself. As described below, the proposed LCP amendment and project raise issues relating to public access and recreation. The subject site (3014 Balboa Boulevard) is currently designated 'Neighborhood Commercial' in the City's certified LUP and zoned 'Commercial Neighborhood' in the certified !P. The designation allows retail and commercial uses developed in "distinct centers oriented to primarily serve the needs of... residential uses in the immediate area." The draft amendment: would revise the land use designation and zoning for the subject site to 'Two Unit Residential', which allows solely residential use. The hearing notice indicates that the amendment is necessary to approve demolition of the existing restaurant and construction of two condominium units onsite. The existing lot is developed with a casual eatery and located one block from the public beach. The restaurant is adjacent to a strip mall which forms one of the distinct Neighborhood Commercial centers referenced in the certified LUP, as well as one of the select areas with lower -cost visitor -serving amenities. Despite its popularity as a visitor destination', Balboa Peninsula is characterized primarily by residential and mixed -use designations in the certified LUP. Only four parcels in the Balboa Peninsula are designated Neighborhood Commercial, Chapter 3 of the Coastal Act requires maximized public access (Section 30210), prioritization of visitor -serving accommodations (Section 30222), and protection of lower - cost visitor facilities where feasible (Section 30213). The proposed LCP amendment and associated project would Facilitate the elimination of an existing, affordable visitor -serving ' Ref. https-llwww.visitnewportbeach.comlvacations/cannery-village/ CityOf NPage 1 rt B�� h 4-104 T4-64 Land Use ❑esignatbWZoning Revision for 3014 Balboa Boulevard use for construction of residential development, which raises potential inconsistencies with the aforementioned Coastal Act policies_ Furthermore, the subject draft amendment is preceded by four LCP amendments re - designating existing public uses for private residential development: LUP Amendment Nos. 1-98 for 1800 1806 Balboa Boulevard; 1-03-A for 205 Orange Street; 1-03-B for 1514 Balboa Boulevard; and 1-03-C for 129 Agate Avenue. All re -zoned sites were located within one block of the public beach. For consistency with Coastal Act Section 30105.5, the City must consider the incremental effects of the subject LCP amendment concurrent with past and probable future projects. The subject amendment raises questions of a cumulative effect on affordable visitor amenities. Commission staff therefore suggests the City deny the subject request and analyze alternative uses for the project site that adhere to the current LUP designation and maintain consistency with public access, recreation, and environmental justice policies of the Coastal Act and/or identify an offset that would address the loss of the site as a visitor serving amenity. Thank you for the opportunity to comment on the draft LCP amendment for the Hana Residences Project. Commission staff request notification of any future activity associated with this project or related projects. As stated above, the comments provided herein are preliminary in nature and additional comments may be appropriate when an LCP amendment request or coastal development permit application is submitted. If the City wishes to continue this discussion, please contact chloe,seifert(u-)-coastal ca.gov and Commission staff can schedule a meeting. Sincerely, Chloe Seifert Coastal Program Analyst li South Coast District City o1 N,Page [Qp6rt Beach 4-105 14-65 Attachment E Coastal Commission Approval Letter 4-106 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office P m 300 E. Ocean Blvd., Suite 301 Long Beach, CA 90802 (562)590-5071 August 16, 2024 City of Newport Beach City Council Newport Beach Civic Center 100 Civic Center Drive Newport Beach, CA 92660 Re: City of Newport Beach Local Coastal Program (LCP) Amendment Request No. LCP-5-NPB-23-0019-1, Parts A, B, and C Dear Councilpersons: You are hereby notified that, at its July 10-12, 2024 meeting in San Rafael, the Coastal Commission approved with suggested modifications Part A of the City's IP Amendment Request No. LCP-5-NPB-23-0019-1. Part A of the subject amendment was submitted pursuant to City Council Resolution No. 2023-8 and updates development standards for junior accessory dwelling units and accessory dwelling units in the certified Implementation Plan (IP). Pursuant to the Commission's action on July 11, 2024, certification of Part A of the subject amendment request is subject to the attached suggested modifications (Attachment A). Therefore, Part A of IP Amendment No. LCP-5-NPB-23-0019-1 will not be effective for implementation in the City's coastal zone until: 1) the City Council adopts the Commission's suggested modifications, 2) the City Council forwards the adopted suggested modifications to the Commission by resolution, and, 3) the Executive Director certifies that the City has complied with the Commission's July 11, 2024 action. The Coastal Act requires that the City's adoption of the suggested modifications be completed within six months of the Commission's action (i.e. by January 11, 2025). At its July 10-12, 2024 and August 7-9, 2024 hearing, the Commission also approved as submitted Parts B and C of LCP Amendment Request No. LCP-5-NPB-23-0019-1. Therefore, Parts B and C of the subject amendment request will be fully effective upon filing the notice of the Commission's certification with the Secretary of the Resources Agency (as provided by Public Resources Code Section 21080.5(d)(2)(v)). Thank you for your cooperation and we look forward to working with you and your staff in the future. Please contact Chloe Seifert at chloe.seifert(�coastal.ca.gov with questions regarding the modifications required for effective certification of Part A of IP Amendment No. LCP-5-NPB-23-0019-1. Sincerely, Chloe Seifert Coastal Program Analyst II 4-107 ATTACHMENT A -SUGGESTED MODIFICATIONS TO PART A Part A of IP Amendment Request No. LCP-5-NPB-23-0019-1 is subject to the Commission's suggested modifications outlined below. For ease of reading, solely the sections subject to suggested modification have been included below. Normal Text = Existing, unmodified language Strikethre gh Text = City's proposed eliminated language Underline Text = City's proposed added language Beld Strikethrough Text. = Commission's proposed eliminated language Bold Underline Text = Commission's proposed added language 21.48.200.A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California Government Code Sections 62 and 65852.22 66310 through 66342, or any successor statute, in areas designated for residential use, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City. 21.48.200.G.2 Setback Requirements. For replacement of an existing enclosed structure, garage, or carport, no existing additional setback is required, beyond the existing setback provided, unless a greater setback is needed to comply with subsection (C)(3) of this section.... 21.48.200.B Effect of Conforming. ...4. Required to a correct legally established nonconforming zoning condition(s),. building code violation(s), and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit; and do/does not raise inconsistency with the coastal resource protection policies of 21.48.200(C)(3). This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12. 21.48.200.0 Review Authority. ...3. The dwelling conforms to the coastal resource protection development regulations of the Implementation Plan and Coastal Land Use Plan provisions, including Implementation Plan Section 21.28.040 (Bluff (B) Overlay District), Section 21.28.050 (Canyon (C) Overlay District), Section 21.30.100 (Scenic and Visual Quality Protection), or Chapter 21.30B (Habitat Protection); and 4-108 21.48.200.G. Development Standards. Except as modified by this subsection, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Title 20 (PI ,„M:^M „oning) and Title 21 (Local Coastal Program Implementation Plan), including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria.... 21.48.200.G. Development Standards. ...9. Waterfront Development and Flood Hazard Areas. ...b. Any development in shoreline hazardous areas shall comply with Section 21.30.015(E)M. 21.48.200.J. Deed Restriction and Recordation Required. ...2. For properties in flood hazard areas as identified by the Federal Emergency Management Agency in the "Flood Insurance Study" for Orange County, California and Incorporated Area with accompanying FEMA Flood Insurance Rate Maps, deed restriction shall also include notice to future owners that the unit is located within an area that may be subject to flooding or future flooding. 4-109