HomeMy WebLinkAbout35 - Ford Road Townhomes Appeal (PA2025-0049) - PowerPoint (Appellant)Ford Road Townhornes Project
City of Newport Beach, City Council
Tuesday, August 26, 2025
Appeal of Planning Commission Action
Save Our Sports (S.O.S.) Park
Mitchell M. Tsai Law Firm
City Council Authority on Project Appeal
• City Council is not bound by Planning Commission action
• Public hearing is de novo
• City Council may reverse action, require additional
information/analysis, or impose conditions
CEQA Piecemealing - Monopole Relocation
• CEQA prevents a public agency from dividing a single project into smaller
individual subprojects to avoid responsibility for considering the environmental
impact of the project as a whole
• Project requires relocation of existing telecommunication wireless pole;
however, relocation not evaluated as part of Project's environmental review
• The City should require additional CEQA environmental review to address the
monopole relocation
AT&T Facility Improvements
The project also includes improvements to the AT&T Facility property_ As shown below in
Figure 5, a gate will be installed to restrict access from the shared driveway and the building
will be painted grey with blue accents.
Figure 5, Rendering of AT&T Property Improvements
Additional improvements include repaving the parking lot, installation of new landscaping,
and the relocation of an existing wireless telecommunications facility monopole. While the
final design and location of the telecom facility is not yet complete, the future facility will need
to conform to the development standards provided in Chapter 20.49 (Wireless
Telecommunication Facilities) of the NBMC and will require subsequent review and
permitting.
Excerpt from July 3, 2025 Planning Commission Staff Report re: Monopole Relocation
Housing Element Inconsistency
• Project under delivers housing for project site per City's Housing
Element
• Project is inconsistent with Housing Element
• No Net Loss Law - Necessary Findings: City must find that other sites
can accommodate necessary housing
Multi -Unit Objective Design Standard (MODS) &
Site Development Review (SDR)
• Deviations from MODS must undergo SDR
• Project does not satisfy several MODS
o While applicant has addressed two since appeal, others remain noncompliant
• Project concerns: height, scale, massing, traffic, safety, congestion, access
points, visibility, environmental impacts, etc.
EXHIBIT "B"
FINDINGS AND FACTS IN SUPPORT OF FINDINGS
Major Site Development Review
In accordance with Section 20.52.080(F) (Site Development Reviews — Findings and
Decisions) of the NBMC, the following findings and facts in support of such findings are
set forth:
Finding:
A. The proposed development is allowed within the subject Zoning District
Facts in Support of Finding:
The Project Site is located within the HO-4 Subarea and is identified as Housing
Opportunity Site No. 141. Pursuant to Section 20.28.050 (B) (Housing
Opportunity (HO) Overlay Zoning Districts — Uses Allowed) in addition to the uses
that are permitted or conditionally permitted in the base zoning district, multi -unit
residential development that meets the 20 to 50 dwelling units per acre density
requirement shall be permitted within the HO Overlay ,Zoning District.
Pursuant to Table 2-16 (Development Standards for Housing Opportunity
Overlay Zones) of Section 20.28.050 of the NBMC, the HO-4 Subarea requires
a density of 20 to 50 dwelling units per acre. Based on the proposed 1.16-acre
lot, the Project results in a density of 23.27 units per acre and meets the density
requirement of the HO-4 Subarea.
The HO-4 subarea requires a zero -foot front, side, streetside and rear setback.
However, footnote No. 3 of Table 2-16 requires that any portion of a building
that is over 20 feet in height, which includes the Project's third and fourth Floors,
shall provide a 20-foot setback from the street right-of-way. The Project is
bounded to the north by Bonita Canyon Drive and to the south by Ford Road.
Though only the upper floors require a 20-foot setback from the street right-of-
way, the Project provides varying streetside setbacks of 20 to 45-feet from the
entire height of the two buildings nearest to Bonita Canyon Drive and additional
setbacks for the fourth -floor covered patios. The portion of Ford Road directly
adjacent to the Project Site is dedicated as open space and not public right-of-
way; therefore, the upper floor setback would not apply at this location. The
Project also provides varying setbacks for applicable setback areas including,
a 6 to 56-foot, side setback on the northeast, a 4 to 6-foot side setback on the
west, and an 11 to 24-Toot rear setback on the southeast of the Project Site.
Therefore, the Project complies with setback requirements.
Resolution No. 2025-55 - Exhibit "B"
Vesting Tentative Tract Map (VTTM) - Lot Line
Adjustment
• City should allow a 14-day appeal period based on noticing issues
• Necessary Findings:
o Environmental impacts
o General Plan consistency
• Lot line adjustment involves property not owned by applicant
Conclusion
• City Council should exercise authority to reverse Planning
Commission approval
• City Council should direct City Staff and Project applicant to address
issues raised by appeal
Thank You