HomeMy WebLinkAboutFluter Mixed Use Project (PA2002-033)��eW?oRr CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
u. �? 3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3229
Hearing Date:
Agenda Item:
Staff Person:
Appeal Period:
REPORT TO THE PLANNING COMMISSION
PROJECT: Fluter Mixed Use Project (PA2002 -033)
2410 Newport Blvd.
March 21, 2002
James Campbell
(949) 644 -3210
14 days from final
action
SUMMARY: Amendment to Site Plan Review No. 79, requesting to modify
Condition No. 14 to eliminate the requirement for an irrevocable
offer to dedicate a vertical coastal access easement that would
provide public access from Newport Boulevard to Newport Bay.
ACTION: Amend Condition No. 14 to waive the requirement for an
irrevocable offer to dedicate a vertical coastal access easement.
LEGAL
DESCRIPTION: Lots 12 & 13 of Block 223 of Section A together with a portion of
Lot 2, Section 33
GENERAL PLAN: Recreational, Marine Commercial
ZONE: SP -6 Cannery Village/McFadden Square Specific Plan
(RMC - Recreational, Marine Commercial)
OWNER/
APPLICANT: Russell E. Fluter, Newport Beach
Introduction
This project was considered by the Planning Commission on November 9, 2000 and approved by
the Commission on February 8, 2001 (Exhibit No. 1). The applicant was granted approval of a Site
Plan Review application and a Use Permit to have less than 0.251FAR of the project devoted to
commercial uses. The applicant presently requests relief from providing vertical coastal access to
the bay front.
The project consists of the construction of a mixed -use (commercialfresidential) development on a
vacant 9,814 square foot site located in the Cannery Village/McFadden Square Specific Plan area.
The project site is located approximately 75 feet south of the intersection of 26"' Street and Newport
Boulevard between the Balboa Boatyard and Hooters Restaurant. Two separate, three story
buildings, one located adjacent to Newport Bay and the other abutting Newport Boulevard will be
constructed. The project is more thoroughly discussed in the previous Planning Commission staff
reports attached as Exhibit Nos. 2 & 3
Discussion
Section 20.60.070.0 (Waterfront Development Regulations) establishes the requirement for
public access to the bay front. This section stares the following:
Public Access to Bay Front. In approving a site plan review or granting a use
permit for development on a site with frontage along the bay, the Planning
Commission shall require the dedication of vertical and lateral public access
easements, except where adequate public access already exists or where the
provision of access is inconsistent with public safety or the protection of fragile
coastal resources. The following standards shall be applied to all lateral and
vertical public access easements:
Fluter Mixed Use Project (PA2002 -033)
March 21, 2002 Page 2
1. Public access easements shall be a minimum of 6 feet in width.
2. Public access easements may be provided within required setback areas.
3. All dedicated public access easements shall be recorded with the Orange
County Recorder's Office in a manner satisfactory to the Public Works
Department.
This section clearly states that easements are to be recorded in every Site Plan Review and Use
Permit unless they would be inconsistent with public safety or incompatible with the goal of
protecting fragile coastal resources. The applicant proposed that the two easements be provided
through the recordation of an irrevocable "offer to dedicate" the easements in lieu of actually
recording the easement. Condition No. 14 of project approval states the following:
"14. Prior to the issuance of building permits, the applicant shall record an
irrevocable offer to dedicate a 6-foot wide public access easement along
the entire water frontage of the property and through the property to
Newport Boulevard. The irrevocable offer to dedicate the access easement
shall be subject to the review and approval of the Newport Beach City
Attorney and Coastal Commission prior to recordation. "
The horizontal easement area is provided within the 10 -foot setback between the bayside building
and the bulkhead. The vertical easement area would be partially restricted due to a proposed
security gate and the public will be forced to walk behind parked vehicles as there is no walkway
separate from the parking area.
The applicant states the vertical easement requirement is unreasonable due to safety and security
reasons. Additionally, the applicant contends that the site is too narrow to provide public access and
that an easement would be 12% of the lot area and therefore an unreasonable burden inconsistent
with Section 30214 of the Public Resources Code (Coastal Act). Lastly, the applicant believes that
adequate public access exists in the area, which is a factor for potentially exempting the project
from the access requirement pursuant to Section 30212 of the Coastal Act. The applicant's request
letter is attached as Exhibit No. 4. The cited sections of the Coastal Act are attached as Exhibit No.
5.
The City has not established any policy, regulation or standard to guide a determination related to
exempting a project from the access requirements when adequate access exists nearby pursuant to
the Coastal Act. The Waterfront Development Regulations is silent on this issue. Additionally, the
City has not established a standard that provides guidance with the issue of equity between the
public's right of access pursuant to the California Constitution and the rights of a property owner.
The City Attorney has recently prepared a memorandum for the Local Coastal Program Update
Committee that provides some background information (Exhibit No. 6).
The vertical path of travel is provided through a parking area. This type of access is not as safe as a
separate walkway. This factor could be sufficient to relieve the project of the vertical access
requirement. The applicant submitted an aerial photograph showing the location of nearby coastal
access. Staff has prepared a map depicting the areas highlighted by the applicant as existing and
Fluter Mixed Use Project (PA2002 -033)
March 21, 2002 Page 3
proposed public access in the immediate vicinity (Exhibit No. 7). This map shows that public
access is provided in the immediate area. The physical character and views afforded from these
nearby access points is similar to the character that would be afforded from the site. In other words,
the elimination of the vertical access at this point would not preclude access to a unique coastal
resource.
Access to the bay front in a horizontal sense from the north or south is not provided and is not likely
to be provided in the near future. The adjacent boatyard to the north cannot physically provide a
safe connection to 26ei Street further to the north, and the Hooter's Restaurant building provides no
setback from the bulkhead. If the abutting uses- redevelop, horizontal connections will be feasible
and in the case of the Balboa Boatyard, a connection to a public street will effectively eliminate the
need for the vertical easement on the subject property.
Recommendation
Staff recommends that the Planning Commission weigh the relevant factors and take whatever
action is deemed appropriate. Staff believes that the vertical access mandate can be considered
overly burdensome on this 50' wide property. The horizontal easement is effectively blocked by
the development and use of the abutting properties and access to the bay is provided for in the
area through street ends and across private property in the immediate area. The horizontal access
is important as over time the abutting properties will likely redevelop and it is the City's policy to
strive for a continuous walkway along the bay front. In staffs opinion, the elimination of the
vertical access requirement is not likely to significantly impede this goal. If the Planning
Commission should consider the applicant's request favorably, the Commission should adopt a
minute action making the following change to the Condition No. 14:
14. Prior to the issuance of building permits, the applicant shall record an irrevocable offer to dedicate
a 6-foot wide public access easement along the entire waterfrontage of the property and through Fke
The irrevocable offer to dedicate the access easement shall be
subject to the review and approval of the Newport Beach City Attorney and Coastal Commission
prior to recordation."
Submitted by:
PATRICIA L. TEMPLE
(Planning Director
PINrna L�nM4
Exhibits
Prepared by:
JAMES W. CAMPBELL
Senior Planner
1. Excerpt of minutes from the February 8, 2401 Planning Commission meeting.
2. Staff Report dated February 8, 2001 (includes 11/09/2000 staff report).
3. Applicant's request for amendment to Condition No. 14.
4. Sections 30212 & 30214 of the Coastal Act.
5. Memorandum to LCP Update Committee dated March 4, 2002.
6. Access map.
Fluter Mixed Use Project (PA2002 -033)
March 21, 2002 Page 4
Exhibit No. 1
Excerpt of minutes from the February 8, 2001
Planning Commission meeting.
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Planning Commission Minutes
February 8, 2001
in lieu of the withdrawal. Apparently some members of City staff
have so as and wanted to sitclown to find an alternate solution rather than
withdraw the a Lion. I asked my client and with your permission, instead of
a withdrawal I would I c sk for a continuation to March 81h.
Motion was made by Commissioner i7Lh to continue this item to the Planning
Commission meeting on March 8th.
Ayes: McDaniel, Kiser, Agajanian, Selich, Gifford, Kra Tucker
Noes: None
SUBJECT: Fluter Mixed Use Project (Sterns Architecture)
2410 Newport Boulevard
• Site Plan Review No. 79
• Use Permit No. 3685
• Variance No. 1239
A request to construct a mixed use building with 2,000 square feet of commercial
space and 2 residential units. The Use Permit would allow the project with a
reduced commercial FAR of 0.20 where 0.25 is required. The Variance would
allow a minor reduction in landscape area within the required front yard setback
area abutting Newport Boulevard.
Mr. Campbell noted an additional condition as requested by the applicant.
He wanted the condition to require a disclosure statement for any commercial
or residential leases that would identify the abutting land uses.
Commissioner Tucker asked where the requirement for the trellis and additional
street trees that were identified in the staff report?
Public comment was opened.
Russ Fluter, 2025 West Balboa Blvd., stated that the two loft residences are
designed to be unique urban spaces compatible with the neighbors. If the
Commission were to reconsider this issue and allow it to go forward, it will be an
asset to the community. The neighbors are supportive of the project. I am in
agreement with the suggested findings and conditions of approval.
Commissioner Gifford, referring to Condition 12, asked for language to be
inserted, 'including landscaping installed on Newport Boulevard in connection
with this project.' Mr. Fluter agreed adding that was his intent also.
Lee Sterns, 1100 South Coast Highway, Laguna Beach, architect spoke about
the architecture. Referencing the exhibit on the wall he noted that this is a
courtyard scheme, with the building on the bay and on the street to create a
better street edge putting the cars within the courtyard. The cars are
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[HIM �
Item 3
Site Plan Review 79
Use Permit 3685" -"
Variance 1239
Approved
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City of Newport Beach
Planning Commission Minutes
February 8, 2001
bracketed with the building. The trellis is on the revised drawings. The revised
drawings reflect the overhang on the front commercial space as a trellis. The
architecture reflects a bridging between McFadden Square and Cannery
Village. He then described the types of materials to be used on site.
Public comment was closed.
Chairperson Selich noted that with the changes made by the owner on
increasing the commercial area, and restriction on the one area for boat sale
use he is in support of this application.
Motion was made by Chairperson Selich for approval of Site Plan Review No.
70, Use Permit No. 3685 and Variance No. 1239 subject to the findings and
conditions in Exhibit 3 with the added condition by staff and the change in
Condition 12.
Commissioner Tucker noted that the trellis is part of the revised plans, but there
is nothing that requires landscaping on the trellis so we would need that in the
condition, would we not?
Mr. Campbell noted that there is no condition for landscaping for the trellis. We
can add to Condition 11 as well as one that states that the applicant shall
donate to the City two additional street trees (not palms) above the minimum
�.. _ number pursuant to the Municipal Code. This was acceptable to Mr. Fluter.
Ayes: McDaniel, Kiser, Agajanion, Selich, Gifford, Kranzley, Tucker
Noes: None
Exhibit No. 3
Findings and Conditions of Approval
Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239
FINDING
Site Plan Review
The site is flat, paved with asphalt and gravel with no trees or shrubs, no
unique natural landforms or coastal bluffs or other environmental resources,
and therefore, the proposed project will not significantly impact significant
resources. The site is not within a designated Environmental Sensitive Area
(ESA). The site is flat, paved with asphalt and gravel with no trees or shrubs,
no unique natural landforms or coastal bluffs or other environmental
resources, and the development project does not require significant
alteration of the site and is therefore compatible with the site.
i
2. The site is designated for Recreational Marine Commercial (RMC) uses by
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the General Plan and is located within McFadden Square area. The RMC
designation was applied. to waterfront commercial areas where the City
wishes to preserve and encourage uses which facilitate marine commercial
uses and a visitor serving orientation. The General Plan permits residential
uses on the second floor above permitted commercial uses in the
McFadden Square area, and the project is provides residential uses on the
second floor above permitted commercial uses, therefore the project is
consistent with the General Plan. Although the introduction of new
residential uses to the area could have an impact upon the preservation of
the abutting boatyard and operation of the adjacent restaurant, residents
of the facility will be afforded full disclosure of abutting uses before
occupancy. Although expansion the adjacent boatyard would be
precluded with the proposed project, the Balboa Boat Yard has been in
operation for many years and its expansion is a private consideration and
has not been sought. The proposed project will not preclude the continued
operation of the boatyard: "
3. The site is on the border between the Cannery Village and McFadden
Square area and is located in the designated McFadden Square area
which extends to 26th Street. The proposed project does include the use
sandblasted and burnished concrete block which reflects an image of
permanence and strength identified as a thematic element of the
McFadden Square area. Although the overall architectural theme of the
project is not reminiscent of the turn of the century era exhibited in the
central McFadden Square area near the Newport Pier, the architectural
flavor and design of the project is closely associated with the maritime
theme fostered by the Cannery Village area. The project uses galvanized
metal exterior finishes for walls, roofs and window awnings. Exposed steel
beams and metal canopies accent the architecture. Modest use of stucco
offsets the use of sandblasted concrete with metal lintels for exterior wall
finishes. Although the architect has not included specific nautical elements,
the overall architectural theme meets the guidelines of the Cannery Village
architectural theme and therefore, the project is consistent with the
Cannery Village /McFadden Square Specific Plan.
4. Surrounding uses are varied including marine uses, restaurants, visitor
serving commercial and mixed -use developments. The project is a
continuation of the mixed -use development concept prevalent in the
Cannery Village /McFadden Square area especially to the north of the
project site. The immediate abutting sites are a boat yard and a restaurant,
which have the potential to cause nuisances to residents of the project.
Although the introduction of new residential uses to the area could have an
impact upon the preservation of the abutting boatyard and operation of
the adjacent restaurant, residents of the facility will be afforded full
disclosure of abutting uses before occupancy. No outdoor living spaces are
provided with the project, which will assist in reducing potential conflicts.
The boatyard is a daytime use and the project will be required to
incorporate construction techniques that attenuate exterior noise sources
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accordance with the Newport Beach Noise Ordinance.
5. The development of the site will block the limited view to the bay from
Newport Boulevard which is not designated as a Scenic Highway or Drive.
No public parks are in located the vicinity that the project would impact
views from. Although the project site provides the only glimpse of the bay
from Newport Boulevard on the block, 26th street is approximately 75 feet to
the north and provides a similar glimpse of the bay from the public right of
way.
6. The site is located close to the Newport Inglewood fault zone and severe
ground shaking at the project site might be experienced in a major event.
Prior to the issuance of a building or grading permit, the applicant must
submit a comprehensive geotechnical investigation to the Building
Department for review and approval. All applicable City and State building
codes and seismic design guidelines will be applied through the issuance of
a building permit, and therefore the proposed project will be sufficiently
protected.
7. The proposed project does not have outdoor living areas and the City noise
ordinance requires that interior noise levels must comply with the 45 CNEL or
less standard. The applicant will be required to submit an acoustic study
prior to occupancy of the residences that documents that interior noise
levels meet this standard.
8. The parking lot as presently designed meets applicable requirements for
reasonable and safe operations based upon the review of, Planning, Public
Works and Building Departments. Subtle alterations may be necessary to
ensure adequate disabled access.
9. The Zoning Code requires a 6 -foot wide horizontal easement that is parallel to
the bay and a vertical easement perpendicular to the bay from Newport
Boulevard to the bay to be recorded. A recorded "offer to dedicate" the
easement in lieu of actually establishing the easement is consistent with
Coastal Commission guidelines and is satisfactory in this case due to the
nature of the project and its location. Access from the site to the north or
south along the bay is blocked and is not likely to be provided in the near
future. The adjacent boatyard to the north cannot physically provide a safe
connection to 261h street further to the north and the Hooter's Restaurant
building provides no setback from the bulkhead. When the abutting uses
redevelop, horizontal connections will be feasible and in the case of the
Balboa Boatyard, a connection to a public street will effectively eliminate the
need for the vertical easement on the subject property. Lastly, the project
provides a residential component and security of the site is necessary.
10. Electrical and mechanical equipment are not shown on the plans and
approval of the project is based upon an understanding that these devices
be either located underground or concealed. Additionally, trash storage
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areas are not specifically delineated with the project and approval of the
project is based upon an understanding that the areas will be either
accommodated within the commercial spaces and residential garages, or
within screened enclosures, and they will not be visible to the public except
for trash- pickup.
11. No known archaeological and historical resources are known to exist and
are unlikely to exist due to the nature of the site as a disturbed and partially
filled site.
12. There are no abutting residential districts, and therefore the proposed
project will not likely have a significant effect upon residences in the area.
Use Permit
1. The proposed commercial space is 2000 square feet and is 25.5% of the total
project square footage. This amount of area is not insignificant to the overall
project.
2. That the proposed commercial spaces are large enough to accommodate
viable businesses. The bayside suite is 1,000 square feet in area and can
accommodate a small commercial venture. The location on the bay does
not favor retail uses due to its lack of visibility to Newport Boulevard, but the
suite is large enough to facilitate several offices. The streetside suite is 1,000
square feet and can accommodate a small business. The size of the suite
would tend to favor a small office use, but due to the good visibility of the
suite from Newport Boulevard, a small retail business is very possible. Strict
compliance with the minimum commercial standard for a mixed use
project would increase the parking requirement, and the increased
commercial area and parking would most likely require a parking garage
placing residences and possibly commercial space above. This design
scenario would not be conducive to providing viable commercial spaces
due to its potential separation from the ground or decreased visibility. The
increase commercial space would also come at the expense of one or
both residential units due to need for additional space to accommodate
both increased commercial space and parking.
3. The site is designated for Recreational Marine Commercial uses by the
General Plan. This designation was applied to waterfront commercial areas
where the City wishes to preserve and encourage uses which facilitate
marine commercial uses and a visitor serving orientation. Although
residential uses are not addressed within the description of the RMC
designation, the Canary Village /McFadden Square Specific Area Plan
permits residential uses on the second floor above permitted commercial
uses, and therefore the use is consistent with the General Plan. Although the
introduction of new residential uses to the area could have an impact upon
the preservation of the abutting boatyard and operation of the adjacent
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restaurant, residents of the facility will be afforded full disclosure of abutting
uses before occupancy. Although expansion the adjacent boatyard would
be precluded with the proposed project, the Balboa Boat Yard has been in
operation for many years and its expansion is a private consideration and
has not been sought. The proposed project will not preclude the continued
operation of the boatyard. Therefore, the project will not be detrimental to
the public health, safety, peace, morals, comfort, or welfare of persons
residing or working in or adjacent to the neighborhood of such use; and will
not be detrimental to the properties or improvements in the vicinity or to the
general welfare of the city.
Variance
The reduced landscape percentage is necessary in order to provide
minimum required vehicular access and disabled access to the site. The site is
50 feet wide and has no alley - access ---typical - -of the Cannery
Village /McFadden Square Area. Without alley access to provide vehicle
access from the rear or other site access from private properly, access for
vehicles and the disabled is must be through the front yard. This access
requires a minimum of 29 feet in width which is 587o of the required front yard
of this 50 -foot wide site. Strict application of the 50% required front yard
landscaping standard would either eliminate complying disable access to
the site from the sidewalk or create a substandard vehicular driveway which
increases hazards. Safe vehicular access and minimum complying disabled
access are higher priorities than the additional 20 square feet of landscaping
which would be otherwise be required. Therefore, strict application of the
landscaping and access standards in this case given the width and location
of the property deprive the property owner of the privilege of developing his
property in a manner consistent with other properties under the identical
zoning classification. The project has an increased front building setback
which increases the landscape area in front of the building although the
increased area beyond the required setback cannot be used to technically
meet the standard. The increased area will provide equal area to what
would be required if 5076 of the required yard were landscaped. Therefore,
the project and variance approval meets the legislative intent of the code
which is to ensure that adequate landscaping along the street is provided,
and not constitute a grant of special privilege.
CONDITIONS OF APPROVAL
1. This Site Plan Review No. 79, Use Permit No. 3685 and Variance No. 1239
shall expire unless exercised within 24 months from the effective date of
approval as specified in Section 20.91.050A of the Newport Beach
Municipal Code.
2. The development shall be in substantial conformance with the approved site
plan, floor plans and elevations dates February 8, 2001, except as noted
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below.
INDEX
3. The project is subject to all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of
approval.
4. The Planning Commission may add to or modify conditions of approval to this
Use Permit or recommend to the City Council the revocation of this Use
Permit, upon a determination that the operation which is the subject of this
Use Permit, causes injury, or is detrimental to the health, safety, peace, morals,
comfort, or general welfare of the community.
5. The applicant shall obtain a Coastal Development Permit from the
California Coastal Commission prior to the issuance of any building or
grading permit for the project.
6. The minimum elevation of the finished floor for project buildings shall be 9.00
above M.L.L.W. (6.27 Mean Sea Level).
7. The boyside structure is required to be protected with an automatic fire
suppression sprinkler system subject to the review and approval of the
Newport Beach Fire Department.
+. 8. All trash areas shall be screened from adjoining properties and public streets.
9. The enclosed garages shall available for the exclusive use of the residential
uses. No conversion of the garage spaces to other use shall be permitted. The
open parking spaces shall be available for the exclusive use of the
commercial businesses and customers while those commercial businesses are
open for business.
10. The commercial spaces within the project shall not be converted or used for
residential purposes.
11. The applicant shall submit a landscape and irrigation plan prepared by a
licensed landscape architect or licensed architect for on -site and adjacent
off -site planting areas. These plans shall incorporate drought tolerant
plantings and water efficient irrigation practices, and the plans shall be
approved by the Planning Director prior to the issuance of a building
permit. All planting areas shall be provided with a permanent underground
automatic sprinkler irrigation system of a design suitable for the type and
arrangement of the plant materials selected. Planting areas adjacent to
vehicular activity shall be protected by a continuous concrete curb or
similar permanent barrier. Landscaping shall be located so as not to
impede vehicular sight distance to the satisfaction of the Traffic Engineer.
The landscape plan shall include climbing vines to be trained to the trellis
located on the street elevation of the streetside unit.
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12. All landscape materials including landscaping installed on Newport
Boulevard In connection with -this project and landscaped areas shall be
maintained in accordance with the approved landscape plan. All
landscaped areas shall be maintained in a healthy and growing condition
and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation
systems shall be kept operable, including adjustments, replacements,
repairs, and cleaning as part of regular maintenance.
13. The boat slips bayward if property shall only be used in conjunction with the
proposed residential dwelling units. Commercial use of the boat slips is
prohibited.
14. Prior to the issuance of building permits, the applicant shall record an
irrevocable offer to dedicate a 6 -foot wide public access easement along
the entire water frontage of the .property and though the property to
Newport Boulevard. The irrevocable offer to dedicate the assess easement
shall be subject to the review and approval of the Newport Beach City
Attorney and Coastal Commission prior to recordation.
15. The project must comply with the interior and exterior noise standards for
residential uses of the Noise Ordinance. The interior noise standard is 45dBA
between the hours of 7:OOAM and 10:OOPM and 40dBA between the hours
of 10:00PM and 7:OOAM. The exterior noise level standard is 55dBA between
the hours of 7:OOAM and IO:00PM and 50dBA between the hours of I O:OOPM
and 7:OOAM. An acoustic study shall be performed by a qualified
professional that demonstrates compliance with these standards of the
Noise Ordinance. This acoustic study shall be performed and submitted to
the City Planning Department prior to occupancy of the project. If the
exterior noise levels exceed applicable standards, additional mitigation
shall be required which may include the installation of sound wall in a
location established by the acoustic study and subject to the approval of
the Planning Director.
16. Each residential unit and each commercial building shall be served with an
individual water service and sewer lateral connection to the public water
and sewer systems unless otherwise approved by the Public Works
Department and the Building Department.
17. Intersections of the private drive and Newport Boulevard shall be designed
to provide sight distance for a speed of 35 miles per hour. Slopes,
landscape, walls and other obstruction shall be considered in the sight
distance requirements. Landscaping within the sight line shall not exceed
twenty -four inches in height.
18. A condition survey of the existing bulkhead along the bay sides of the
property shall be made by a civil or structural engineer prior to issuance of
any grading permits, and that the bulkhead be repaired in conformance
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with the recommendations of the condition survey and to the satisfaction
of the Building Department and Marine Department. The top of the
bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSQ.
19. All improvements within the public right of way shall be constructed as
required by Ordinance and the Public Works Department.
20. Disruption caused by construction work along roadways and by movement
of construction vehicles shall be minimized by proper use of traffic control
equipment and flagmen. Traffic control and transportation of equipment
and materials shall be conducted in accordance with state and local
requirements. There shall be no construction storage or delivery of materials
within the Newport Boulevard right -of -way.
21. Curbs, gutter and sidewalk shall be reconstructed along Newport _
Boulevard frontage under an encroachment permit issued by the Public
Works Department. All construction within the public (ght -of -way be
subject to further review by the Public Works Department. An
Encroachment Agreement shall be executed for all non - standard
improvements approved to be constructed within the public right -of -way.
22. Arrangements shall be made with the Public Works Department in order to
guarantee satisfactory completion of the public improvements, if it is
- desired to record a parcel map or obtain a building permit prior to
completion of the public improvements.
23. A drainage study shall be prepared by the applicant and approved by the
Public Works Department, along with a master plan of water, sewer and
storm drain facilities for the on -site improvements prior to issuance of a
grading permit.
24. The final design of all on -site parking, vehicular circulation and pedestrian
circulation systems shall be subject to the approval of the Traffic Engineer.
25. The applicant shall provide wheel stops or other approved protective
barrier methods as necessary within the parking facility. The parking spaces
shall be marked with approved traffic markers subject to the approval of the
Public Works Department or painted white lines not less than 4 inches wide.
26. Fair Share traffic mitigation fees shall be paid to the City prior to the
issuance of any building or grading permit for the site.
27. Any Edison transformer serving the site shall be located outside the sight
distance planes as described in City Standard 110 -L.
28. The proposed project shall conform to the requirements of the Uniform
f .
Building Code, including State Disabled Access requirements, unless
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otherwise approved by the Building Department.
29. All mechanical equipment shall be screened from view of adjacent
properties and adjacent public streets within the limits authorized by this
permit, and shall be sound attenuated in accordance with Chapter 10.26 of
the Newport Beach Municipal Code, Community Noise Control.
30. Overhead utilities serving the site shall be undergrounded to the nearest
appropriate pole in accordance with Section 19.24.140 of the Municipal
Code unless it is determined by the City Engineer that such undergrounding is
physically infeasible.
31. The residential units shall be constructed with heightened sound attenuation
techniques beyond normal construction standards and said techniques shall
be subject to the review and approval by the Building and Planning
Department. The residential units shall be-provided air conditioning units. - _
32. The applicant or property owner shall include a disclosure statement within
any commercial or residential lease that idenfffies abuffing land uses and
the potential negative issues associated with them. The disclosure statement
shall be reviewed and approved by the Planning Director before use.
32. The applicant shall donate 2 additional street frees in addition to the minimum
number required pursuant to the Municipal' Code. Said frees shall be planted
in the general area In accordance with General Services requirements.
ssa
Rex Brandt Trust (Eric Welton)
2720 & 2730 Bayside Drive
• Amendment No. 909
• Lot Line Adjustment No. 2000 -13
A request to estab a 4 -foot front yard setback on the Districting Map along
Bayside Drive in conjun with a project to demolish an existing duplex, adjust
the existing lot confgurati reating two lots facing Bayside Drve and the
construction of two duplexes.
Commissioner Kiser stepped down from t ais because of a possible conflict of
interest as he represents an owner of property r the subject property.
Mr. Campbell then made a slide presentation of the s
• Block faces Bayside Drive where it has been d
• Site is accessed from a public driveway from
properties.
• Guest parking areas for four properties.
• Landscaping in general area.
• Landscaping to be removed.
19
rvelo as a park.
Bayside ONQ to serve four
`I1.111�:1
Item 4
A 909
LLA 2000 -13
Continued to
02/22/2001
I�
Exhibit No. 2
Staff Report dated February 8, 2001
(includes 11/09/2000 stafFjVM)
��EYV°OR CITY OF NEWPORT BEACH Hearing Date: February 8, 2001
uln PLANNING DEPARTMENT Agenda Item No.: 3
3300 NEWPORT BOULEVARD Staff Person: James Campbell
NEWPORT BEACH, CA 92658 (949) 644 -3210
(949) 644 -3200; FAX (949) 644 -3250 ADDeal Period: 14 days
REPORT TO THE PLANNING COMMISSION
PROJECT: Fluter Mixed Use Project (Sterns Architecture)
2410 Newport Boulevard
SUMMARY: A request to construct a mixed use building with 2,000 square feet of
commercial space and 2 residential units. The Use Permit would
allow the project with a reduced commercial FAR of 0.20 where
0.25 is required. The Variance would allow a minor reduction in
landscape area within the required front yard setback area abutting
Newport Boulevard.
ACTION: Approve, modify or deny Site Plan Review No. 79, Use Permit No.
3685, and Variance No. 1239
LEGAL DESCRIPTION: Lots 12 & 13 of Block 223 of Section A together with a portion of
Lot 2, Section 33
GENERAL PLAN: Recreational, Marine Commercial
ZONE: SP -6 Cannery Village/McFadden Square Specific Plan
(RMC - Recreational, Marine Commercial)
OWNER: Russell E. Fluter, Newport Beach
Introduction
This project was denied by the Planning Commission on November 9, 2000. The Commission
denied the project based upon the proximity of the residential uses within the project to surrounding
uses and the limited size of the commercial suites. Councilmember Ridgeway called the decision
for review. On January 9, 2001, the City Council referred the project back to the Planning
Commission due to a change in project that increased the amount of commercial floor space and
reconfigured parking. The City Council believed that the changes to the project were substantial
enough to warrant further review and reconsideration of the project by the Planning Commission.
11
Discussion
The previous project description and analysis is contained in the November 9, 2000 staff report
attached as Exhibit No. 1. The minutes of the November 9a' meeting that relate to this project are
also attached as Exhibit No. 2.
The applicant revised the proposed project and increased the commercial floor area of the street
side suite by 500 feet making it 1000 square feet in area. The resulting Floor Area Ratio of the
commercial portion of the project is 0.20, which is below the minimum 0.25 required. The
revised project meets the maximum Floor Area Ratio of 1.25 for the entire development. The
increased commercial space came at the expense of the 2 -car garage for the streetside residential
unit. The required garage for the unit was accounted for within the former 4 -car garage that was
previously devoted to the bayside unit. The 4 -car, tandem garage has been separated into two, 2-
car tandem spaces. Additionally, the parking lot was reconfigured to accommodate 1 additional
commercial parking space. The area for the additional space was created by reducing and
modifying the residential entries and the overall building footprints. Otherwise, the project is
nearly the same project as the previously considered version. The design and architecture remain
the same except that a trellis for vines was added to the streetside unit facing Newport Boulevard.
This feature was added to increase the visual interest and soften the southern elevation. The
revised plans are attached as Exhibit No. 5 and the original plans are attached as Exhibit No. 6
for comparison.
Parking & Use
The larger commercial space creates an increased requirement for parking using the typical retail
and office parking ratio (1 space for every 250 square feet). The revised plan increases the
parking by 1 space and the site will be deficient by 1 spare using the retail/office ratio. The
applicant has contemplated this situation and proposes to lease the streetside unit to a boat sales
operation that has lower parking requirement which is 1 space for each 350 square feet. With this
as a use limitation, the site does provide the 7 total commercial spaces it requires. Additionally,
the boat sales use will ensure that the project is compliance with the 40% marine incentive use
requirement. The applicant is not requesting a parking waiver nor is he providing off -site
parking. Therefore, the limitation for a less parking intensive use will limit the leasing and use of
the site. The applicant believes that limiting the streetside unit to boat sales is viable and the suite
will lease easily. If the applicant choose to lease to a typical commercial or office use, a parking
waiver would need to be approved or off -site parking provided. However, the increased area of
the streetside unit makes it a more viable commercial space. These factors should be considered
in whether or not the Use Permit for reduced commercial area within a mixed -use project should
be approved.
Land Use Conflict
The primary issue that led to the Planning Commission's denial of the project was the
compatibility of the residential portion of the proposed project with the adjacent uses. The
Balboa Boatyard abuts the project to the west and Hooters abuts the project to the east. The
proposed changes to the project do not change this circumstance. However, the applicant is
Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239
February 8, 2001 . Page 2
0� D
proposing to incorporate heightened sound attenuation techniques in the construction of the
project. Additionally, the applicant proposes to provide air conditioning for the residences which
will allow windows to remain closed more often. Lastly, the applicant proposes to plant
additional street trees along Newport Boulevard near the project above the minimum requirement
to beautify the area.
Recommendation
Staff believes that the findings for approval of the Use Permit, Site Plan Review and Variance can
be supported. Revised findings for project approval are attached as Exhibit No. 3. Should the
Planning Commission believe that the and denial and 4 respectively.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibits
Prepared by:
JAMES W. CAMPBELL
Senior Planner
Planning Commission staff report dated November 9, 2000 (without exhibits).
2. Excerpt of minutes from the November 9, 2000 Planning Commission meeting.
3. Findings and conditions of approval
4. Findings for denial
XMS_11SYS \USERSIPUNASHAREDV PLANCOIM 2001 \02- 08pc1F9uWm3685- pm-poR 2-08 -01 DOC
Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239
February 8, 2001 Page 3 At
2gw P�Rr CITY OF NEWPORT BEACH Hearing Date: November 9, 2000
PLANNING DEPARTMENT Agenda Item No.: S
b r 3300 NEWPORT BOULEVARD Staff Person: James Campbell
` NEWPORT BEACH, CA 92658 (949) 644 -3210
(949) 634 -3200; FAX (949) 644 -3250 Appeal Period: 14 days
REPORT TO THE PLANNING COMMISSION
PROJECT: Flutter Mixed Use Project (Sterns Architecture)
2410 Newport Boulevard
SUMMARY: A request to construct a mixed use building with 1,500 square feet of
commercial space and 2 residential units. The Use Permit would
allow the project with a reduced commercial FAR of 0.15 where
0.25 is required. The Variance would allow a minor reduction in
landscape area within the required front yard setback area abutting
Newport Boulevard.
RECOMMENDED
ACTION: Approve Site Plan Review No, 79, Use Permit No. 3685, and
Variance No. 1239 subject to the findings and conditions of
approval attached as Exhibit 1.
LEGAL DESCRIPTION: Lots 12 & 13 of Block 223 of Section A together with a portion of
Lot 2, Section 33
GENERAL PLAN: Recreational, Marine Commercial
ZONE: SP -6 Cannery Village/McFadden Square Specific Plan
(RMC - Recreational, Marine Commercial)
OWNER: Russell E. Fluter, Newport Beach
POINTS AND AUTHORITY: .
1. Conformance with the General Plan and Local Coastal Program
The site is designated Recreational, Marine Commercial by both the General Plan and Local
Coastal Program. This designation has been is applied to waterfront commercial areas where
the City wishes to preserve and encourage uses which facilitate a marine commercial and
visitor serving orientation. The Cannery Village and McFadden Square areas both permit
residential uses on the second floor above permitted commercial uses.
2. Conformance with the Zoning Ordinance .
a. Site Plan Review procedures are set forth in Chapter 20.92 of the Municipal Code.
b. Use Permit procedures are set forth in Chapter 20.91 of the Municipal Code.
c. Variance procedures set forth in Chapter 20,91 of the Municipal Code
d. Cannery Village/McFadden Square Specific Area Plan requirements contained within
Chapter 20.43 of the Municipal Code.
3. Compliance with the California Environmental Quality Act (CEQA)
This project has been reviewed, and it has been determined that it is categorically exempt f"
pursuant to Section 15303 (CIass 3, New Construction or Conversion of Small Structures) of
the California Environmental Quality Act Implementing Guidelines. This exemption permits
the construction of up to three single family dwellings or up to 10,000 square feet of
commercial structures. The project consists of two residential units and 1,500 square feet of
retain space and the impact of combining the two uses will generate impacts less than a
10,000 square foot commercial building.
Current Development:
Vacant graveled lot used for informal, private parking arrangements
To the north:
Balboa Boat Yard — a boat haul out and repair facility
To the east:
Newport Bay with a commercial boat slip, Lido Peninsula
To the south:
Eating and drinking establishment (Hooters)
To the west:
City Parking lot, commercial uses
Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239
November 9, 2000 Page 2
A3
Introduction
The applicant requests approval of a Site Plan Review, Use Permit and Variance to construct a
mixed -use (commercial/residential) development on a 9,814 square foot site located in the Cannery
Village/McFadden Square Specific Area Plan. The project site is located approximately 75 feet
south of the intersection of 26h Street and Newport Boulevard on the northeast side of the street
abutting Newport Bay. The project consists of the construction of two separate, three story
buildings, one located adjacent to Newport Bay and the other abutting Newport Boulevard.
Between the two buildings, 6 commercial parking spaces are proposed at- grade. The bayside
building will have 1,000 square feet of commercial space on the ground floor and a 4 car garage for
the residential unit above. The unit above has two levels with 2,893 square feet of total living area.
The streetside building has 500 square feet of commercial space on the ground floor and a two car
garage for the residence above. The unit above has two levels and will span over the access
driveway and have 2,209 square feet of total living area. The two existing boat slips will be
provided for the residents of the project.
Project Area Characteristics
2410 Newport Boulevard
Bayside building
garage.
817
1 st floor residential
230
1 st floor commercial
1,000
2nd floor
2,175
Mezzanine (3`d floor)
488
Subtotal
4,710
Streetside building
garage
476
1 st floor residential
188
1st floor commercial
500
2nd floor
1,523
Mezzanine (3`d floor)
498
Subtotal
3,185
Residential area 3,710 Residential area 2,685
Commercial area 1,000 Commercial area 500
Site Area
Total residential area
Residential FAR
Total commercial area
Commercial FAR
Total building Area
Total FAR
9,814
6,395
0.652 (0.75 maximum) Project Complies
1,500
0.153 (0.25 minimum) Project Deficient
7,895
0.804 (1.25 maximum) Project Complies
• Retail uses permitted without restriction
• Office permitted in conjunction with marine incentive uses only
Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239
November 9, 2000 Page 3
a4
Analysis
Project approval requires a Site Plan Review pursuant to the Cannery Village/McFadden Square
Specific Area Plan (Chapter 20.43). Additionally, the project does not provide the minimum
required commercial area for a mixed use building which requires consideration of a Use Permit.
Lastly, the project does not provide the minimum 50% landscaping within the required front yard
which requires approval of a variance.
Site Plan Review
There are twelve standards to be applied in a Site Plan Review. These are listed below with a
evaluation of the project in relation to each.
A. Sites subject to site plan review under the provisions of this chapter shall be graded and
developed with due regard for the aesthetic qualities of the natural terrain, harbor, and
landscape, giving special consideration to waterfront resources and unique landforms
such as coastal bluffs or other sloped areas; trees and shrubs shall not be
indiscriminately destroyed: The site is flat, paved with asphalt and gravel with no trees or
shrubs, no unique natural landforms or coastal bluffs or other environmental resources.
The building pad elevation of the streetside building is below the minimum of 6.27 feet
above mean sea level and will require raising approximately 1.52 feet. This change in
grade is necessary to provide minimum flood protection and does not constitute
significant alteration of the site as the grade will be similar to abutting properties.
B. Development shall be compatible with the character of the neighborhood and surrounding
sites and shall not be detrimental to the orderly and harmonious development of the
surroundings and of the City: Surrounding uses are varied including marine uses,
restaurants, visitor serving commercial and mixed -use developments.: The project is a
continuation of the mixed —use development concept prevalent in the Cannery
Village/McFadden Square area especially to the north of the project site. The immediate
abutting sites are a boat yard and a restaurant. The boat yard is an intensive marine -
related;' quasi - industrial activity that has the potential to cause nuisances to residents of
the project in the form of noise, refinishing activities and motor maintenance. The
adjacent restaurant is open till lOPM on Sunday, lAM Monday to Thursday and 2AM
Friday and Saturday. Activities within the restaurant as well as patron activity in the
parking lot during the late night hours can become a nuisance to abutting residents. The
City has experienced in the past and continues to experience land use conflicts between
residential uses, boat yards and especially restaurants.
C. Development shall be sited and designed to maximize protection of public views, with
special consideration given to views from public parks and from roadways designated as
Scenic Highways and Scenic Drives in the Recreation and Open Space Element of the
General Plan: The development of the site will block the limited view to the bay from
Newport Boulevard. Newport Boulevard is not designated as a Scenic Highway or Drive
and no public parks are in the vicinity that the project would impact views from.
Although the project site provides the only glimpse of the bay from Newport Boulevard
A5.
Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239 �y
November.9, 2000 Page 4 Ad -
on the block, 26`h street is approximately 75 feet to the north and provides a similar
glimpse of the bay from the public right of way.
D. Environmentally sensitive areas shall be preserved and protected. No structures or
landform alteration shall be permitted in environmentally sensitive areas unless specific
mitigation measures are adopted which will reduce adverse impacts to an acceptable
level or the Planning Commission finds that the benefits outweigh the adverse impacts:
The site is not within a designated Environmental Sensitive Area (ESA). The site is flat,
paved with asphalt and gravel with no trees or shrubs, no unique natural landforms or
coastal bluffs or other environmental resources.
E. No structures shall be permitted in areas of potential geologic hazard unless specific
mitigation measures are adopted which will reduce adverse impacts to an acceptable
level or the Planning Commission finds that the benefits outweigh the adverse impacts:
The site is located close to the Newport Inglewood fault zone and severe ground shaking
at the project site might be experienced in a major event. Prior to the issuance of a
building or grading permit, the applicant must submit a comprehensive geotechnical
investigation to the Building Department for review and approval. All applicable City
and State building codes and seismic design guidelines will be applied through the
issuance of a building permit.
F. Residential development shall be permitted in areas subject to noise levels greater than
60 CNEL only where specific mitigation measures will reduce noise levels in exterior
areas to less than 60 CNEL and reduce noise levels in the interior of residences to 45
CNEL or less: The proposed project does not have outdoor living areas and the City noise
ordinance requires that interior noise levels must comply with the 45 CNEL or less
standard. The applicant will be required to submit an acoustic study prior to occupancy of
the residences that documents that interior noise levels meet this standard.
G. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways,
and other site features shall give proper consideration to functional aspects of site
development: The Planning, Public Works and Building Departments have reviewed the
site plan for proper pedestrian and vehicle function. The parking lot as presently designed
meets applicable requirements for reasonable and safe operations.
The disabled path of travel from the disabled parking space to the commercial portions of
the site is behind the adjacent parking stalls which will require the issuance of a waiver
by the building official due to physical constraints. This waiver is under consideration at
this time and is likely to be granted as the number of parking stalls in the lot in very
limited, the distance to the commercial suites is short and the width of the site is very
limiting. Designing the access to be in front of the abutting stalls has been explored and
the major impact of this design is a more narrow drive isle and insufficient interior
landscaping to the parking area which is required by the Zoning Code.
Another aspect of pedestrian access is public coastal access required pursuant to the a
Zoning Code and Coastal Act. The Zoning Code requires a 6 -foot wide horizontal easement
a`O
Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239
November 9, 2000 Paee 5
that is parallel to the bay and a vertical easement perpendicular to the bay from Newport
Boulevard to the bay. The horizontal easement area is provided within the 10 -foot setback r
between the bayside building and the bulkhead. The vertical easement area would be
partially restricted due to a security gate and the walkway would be behind any parked
vehicles. The Zoning Code requires that the Planning Comrrtission require easements be
recorded against the property for the benefit of the public. The applicant desires the ability
to close the access during the night for security purposes, and would rather provide and
record an "offer to dedicate" the easement which is consistent with Coastal Commission
guidelines in lieu of actually establishing the easement. Staff does not have a significant
objection to this scenario especially since access from the site to the north or south is
blocked and is not likely to be provided in the near future. The adjacent boatyard to the
north cannot physically provide a safe connection to 261h Street further to the north and the
Hooter's Restaurant building provides no setback from the bulkhead. If the abutting uses
redevelop, horizontal connections will be feasible and in the case of the Balboa Boatyard, a
connection to a public street will effectively eliminate the need for the vertical easement on
the subject property. Under these circumstances, staff does not object to an offer to dedicate
rather than an easement, although the Municipal Code specifically requires the easements to
be provided and recorded. Staff is requesting that the Commission determine that an
irrevocable offer to dedicate the public access easements be deemed sufficient in this case
due to the circumstances of this case.
H. Development shall be consistent with specific General Plan and applicable specific plan
district policies and objectives, and shall not preclude the implementation of those
policies and objectives: The site is on the border between the Cannery Village and
McFadden Square area and is located in the McFadden Square area which extends to 26`h
Street. The architectural theme identified for the McFadden Square area is as follows:
"McFadden Square Theme. The McFadden Square area has an entirely different feel than
the Cannery Village area. Here, historic 2 -story architecture predominates. This historic
theme should be encouraged and enhanced by recreating the image of a
turn -of -the- century resort- center following the lead of the Doryman's Inn. Elements of
"turn -of- the - century" architecture include:
a. Use of materials reflecting and image of permanence, stability and strength, and
quality. Materials such as ceramic tile, stone, brick and brass fit this image.
b. Use of architectural styles and details reminiscent of the turn of the century era
in which the area was constructed. Structures in this style in general have a
strong architectural emphasis on both vertical and horizontal structural members,
a regular rhythm of vertical windows, and a restrained use of ornament."
The proposed project does include the use sandblasted and burnished concrete block
which reflects an image of permanence and strength, but the overall architectural theme
of the project is not reminiscent of the turn of the century era exhibited in the central
McFadden Square area near the Newport Pier.
Site Plan Review No. 79, Use Pemtit No. 3685 & Variance No. 1239 °' I
November 9, 2000 Page 6
The architectural flavor and design of the project is more closely associated with the
maritime theme fostered by the Cannery Village area.
"Cannery Village Theme. A cannery theme is recommended for the Cannery Village
area. The cannery theme is reminiscent of the previous use of the area, and can provide a
continuity throughout the area while preserving the variety and individuality of uses that
give the area its charm. The cannery theme should be expanded to include other nautical
and marine elements as appropriate. Elements of a cannery theme that may be applied to
structures include:
a. Use of corrugated metal shed -type buildings or siding where appropriate, with a
higher level of finish than would normally be associated with such structures.
b. Attractive expression of mechanical equipment and systems by incorporation
into the design of structures within the height limit.
C. Use of nautical devices in signs, architectural details and decoration, such as
heavy rope, pilings, timbers, brass fixtures, etc."
The project uses galvanized metal exterior finishes for walls, roofs and window awnings.
Exposed steel beams and metal canopies accent the architecture. Modest use of stucco
offsets the use of sandblasted concrete with metal lintels for exterior wall finishes.
Although the architect has not included specific nautical elements, the overall
architectural theme meets the guidelines of the Specific Plan.
The project is on the border between the Cannery Village and McFadden Square area, and
although it is within the designated McFadden Spare area, the site is separated from the
central area where there traditional McFadden Square architectural theme is exhibited.
Therefore, given this separation and the site's proximity to the Cannery Village area,
deviating from that theme in exchange for the Cannery Village theme is acceptable in
staff s opinion.
The site is designated for Recreational Marine Commercial uses. This designation was
applied to waterfront commercial areas where the City wished to preserve and encourage
uses which facilitate a marine commercial and visitor serving orientation. The Cannery
Village and McFadden Square areas both permit residential uses on the second floor above
permitted commercial uses, but the presence of residences at the site could have an impact
upon the preservation of the abutting boatyard if conflicts arise. Expansion the adjacent
boatyard would be precluded with the development should that expansion of the boatyard
ever be considered.
I. Development shall be physically compatible with the development site, taking into
consideration site characteristics including, but not limited to, slopes, submerged areas,
and sensitive resources: The site is flat and devoid of sensitive resources and the
development project does not require significant alteration of the site and is therefore
compatible with the site.
ay
Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239
November 9, 2000 Page 7
J. When feasible, electrical and similar mechanical equipment and trash and storage areas
shall be concealed: Electrical and mechanical equipment is not shown on the plans and r` >
staff has included a condition of approval that these devices be either located t.
underground or concealed. Trash storage areas are not specifically delineated on the
plans, and the applicant intends that trash storage be accommodated within the
commercial spaces and residential garages, and they will only be visible for trash - pickup.
K. Archaeological and historical resources shall be protected to the extent feasible; No
known archaeological and historical resources are known to exist and are unlikely to exist
due to the nature of the site as a disturbed and partially filled site.
L. Commercial development shall not have significant adverse effects on residences in an
abutting residential district: There are no abutting residential districts. There are
residences nearby located to the north side of 26th street within a mixed use building. The
commercial component of the project is not likely to have a significant effect upon these
residences due to the limited area and limitation to retail or office uses.
Use Permit
Section 20.43.050 (0) specifies that the minimum amount of commercial area within a mixed use
building be 0.25 FAR. The project provides 1,500 square feet which is 0.153 FAR and is 953.5
square feet deficient. Project approval requires the consideration of a Use Permit subject to specific
findings set forth in Section 20.63.040.D.
1. That the proposed commercial space constitutes a significant portion of the project. The
proposed commercial space constitutes 19% of the project square footage. Although the
area is smaller that the residential area, the residential area includes the enclosed garage
spaces and therefore the commercial space constitutes 29.4% of the livable residential area.
This amount of area is not insignificant to the overall project.
2. That the proposed commercial space is large enough to accommodate a viable business.
The bayside suite is 1,000 square feet in area and can easily accommodate a small
commercial enterprise. The location on the bay does not favor retail uses due to its lack of
visibility to Newport Boulevard. The streetside suite is 500 square feet and can
accommodate a very small business. The size of the suite would tend to favor a business or
professional office use, but due to the good visibility of the suite from Newport Boulevard,
a small retail business is highly possible in staff s opinion. The Commission should
consider the that the commercial area has limitations due to its designation of Recreational
Marine Commercial. Non- marine related office uses can only be accommodated when 40%
of the commercial area of the site is occupied with a marine related incentive use.
Therefore, 600 square feet of the project must be occupied with a marine incentive use
before any non - marine related office uses. Most general retail uses can occupy the entire site
without limitations. The applicant operates a real estate business and specializes in the
Cannery Village area has experience with the leasing limitations. This experience will assist
the city in ensuring that the marine related commercial uses or retail uses will occupy the
site in compliance with the Zoning Code limitations.
Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239
November 9, 2000 Page 8
The commercial spaces will very desirable to artists, architects or other professionals who
might desire a live /work environment. Staff is supportive of this kind of environment as it
reduces traffic and is a growing market segment, but this aspect of the design of the project
will increase pressure away from including marine- related uses.
Strict compliance with the minimum commercial standard for a mixed use project would
produce a total of 2,453.5 square feet of commercial space which would require 10
commercial parking spaces. The increased commercial area and parking would most likely
require a parking garage placing some the commercial and residential components above.
The applicant has indicated that this is not financially feasible. Another option is to have an
exclusive commercial project which using the base development allocation of 0.50 FAR, a
4,907 square foot building could be constructed which would require a minimum of 20
parking spaces. This development scenario would place the commercial area above a
parking garage and the applicant again indicates would make the project financially
infeasible given the current commercial market. This viewpoint could support the
perspective that the proposed project is primarily a residential project, although the
inclusion of 1,500 square feet is not insignificant in staff s opinion
All use permits are subject to the general finding that states, "that the proposed location of the use
pernih and the proposed conditions under which it would be operated or maintained will be
consistent with the General Plan and the purpose of the district in which the site is located; will not
be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or
working in or adjacent to the neighborhood of such use; and will not be detrimental to the
properties or improvements in the vicinity or to the general welfare of the city." The reduction of
commercial area is the subject of the use permit and it facilitates the feasibility of the mixed -use
project. Therefore, evaluating the project as a whole is necessary. The project introduces residential
uses between two intensive commercial uses and the General Plan, through the RMC designation,
fosters the maintenance of existing marine- related uses and preservation of sites for these uses.
Variance
The proposed project does not strictly comply with the minimum landscaping within the required
front yard and thus, project approval requires the approval of a variance as Section 20.43.050 (1)
requires that a minimum or 5% of any exterior paved parking area and a minimum of 50% of the
area of the required front yard shall be devoted to planting areas. The project devotes only 42%
percent of the required front yard to plantings. Section 20.91.035(B) of the Newport Beach
Municipal Code provides that in order to grant any variance, the Planning Commission must
make the following findings:
I. That because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of this code deprives such
property of privileges enjoyed by other property in the vicinity and tinder identical zoning
classification,
2. That the granting of the application is necessary for the preservation and enjoyment of
substantial property rights of the applicant. 6
3
Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239
November 9, 2000 Page 9
3. That the granting of the application is consistent with the purposes of this code and will
not constitute a grant of special privilege inconsistent with the limitations on other
properties in the vicinity and in the same zoning district.
4. That the granting of such application will not, under the circumstances of the particular
case, materially affect adversely the health or safety of persons residing or working in the
neighborhood of the property of the applicant and will not under the circumstances of the
particular case be materially detrimental to the public welfare or injurious to property
improvements in the neighborhood.
Unfortunately, in the Cannery Village/McFadden Square specific plan, there is no provision for a
portion of the landscape area to be devoted to decorative paving as is allowable in the Central
Balboa Specific Plan. The reduced landscape percentage is necessary in order to provide required
vehicular access and disabled access to the site. The site is 50 feet wide and has no alley access
typical of the Cannery Village/McFadden Square Area. Without alley access to provide vehicle
access from the rear or other site access from private property, access for vehicles and the disabled
is mandatory through the front yard. This access requires a minimum of 29 feet in width which is
58% of the required front yard of this site. Strict application of the 50% required front yard
landscaping standard would either eliminate complying disabled access to the site from the
sidewalk or create a substandard vehicular driveway which increases hazards. Staff believes that
safe vehicular access and minimum complying disabled access are higher priorities than the
additional 20 square feet of landscaping which would be otherwise be required. Therefore, strict
application of the landscaping and access standards in this case, given the width and location of the
property, deprive the property owner of the privilege of developing his property in a safe manner.
The applicant has increased the building setback 1 additional foot thereby increasing the landscape
area in front of the building although the increased areas is technically outside the required front
yard setback area. This increased area will provide equal area to what would be required if 50% of
the required yard were landscaped. Therefore, due to these circumstances, the project and variance
approval meets the legislative intent of the code which is to ensure that adequate landscaping along
the street is provided. For these reasons, staff believes that the findings for the variance can be
made.
Zoning Ordinance Compliance
The project complies with other applicable zoning ordinance requirements. The proposed buildings
comply with the height limitation where the midpoint of the sloping roof does not exceed 26 feet
and the maximum height of the peak roof does not exceed 31 feet. The project meets applicable
setback requirements of the zoning district which is 5 feet on the front, 0 feet on the sides and 10
feet from the bulkhead. The project requires 6 parking spaces for the commercial area and a two
spaces per dwelling unit. The project provides 6 parking spaces in the open parking lot and a 2 -car
garage for the streetside unit and a 4 -car garage for the car garage for the bayside unit. Landscaping
is provided interior to the parking area that meets the minimum 5% requirement (the front yard
landscaping deviation was discussed previously). The proposed project has a 0.804 total Floor Area
Ratio (FAR) which is below the 1.25 FAR maximum. Building bulk is a separate calculation and in
this application, it is identical to the FAR and is less than the 1.25 FAR. Lastly, the only other major
issue regarding zoning compliance is the requirement that public access easement to the waterfront
be required. This issue was discussed previously in this report, and staff recommends that the i
3
Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239
November 9, 2000 Pa ,-e 10
Comrission require the owner record irrevocable offers to dedicate the minimum public access
easements at this time. The project complies with all other applicable requirement of the Zoning
Ordinance.
Recommendation
Staff believes that there are sufficient grounds for project approval. The architectural design of the
project is compatible with the Cannery Village/McFadden Square architectural themes with its use
of materials and architectural features. Staff believes that the reduced size of the commercial spaces
are viable for a limited segment of the commercial market demand. The reduced landscaping of the
front yard is justifiable due to the physical constraints of the site and approval of the requested
variance is appropriate in Staffs opinion. Staffs only reservation is with the location of the project
which introduces residential uses adjacent to intensive commercial uses. The proximity of the
project to the Balboa Boat Yard and to a late night restaurant may create future conflicts between
the residents and these businesses. However, compliance with noise ordinance requirements should
minimize potential conflicts. The impact of the project upon objective of the City to maintain
marine- related uses is an important consideration for this project. If the Planning Commission
believes that the project is not compatible with this General Plan goal, the project should be denied.
Lastly, the site is vacant and development of the site would provide general improvement to the
area.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibits
Prepared by:
JAMES W. CAMPBELL
Senor Planner
W �
\ WIIS_ I\ SYS \USERS\PIMSHARED \IPLANCOM\?OMI I- 09pc\Fluter Mixed ux \u3685- perepon.DOC
59,
Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239
November 9, 2000 Page I I
City of Newport Beach
Planning Commission Minutes
November 9, 2000
SUBJECT: Fluter Mixed Use Project (Stems Architecture)
2410 Newport Boulevard
• Use Permit No. 3685
• Site Plan Review No. 79
A request to construct a mixed use building with 1,500 square feet of commercial
space and 2 residential units. The Use Permit would allow the project with a
reduced commercial FAR of 0.15 where 0.25 is required. The Variance would
allow a minor reduction in landscape area within the required front yard setback
area abutting Newport Boulevard.
Public comment was opened.
Russ Fluter, 2025 West Balboa Boulevard stated that he agrees with the findings
and conditions of approval.
Commissioner Kiser asked if the landscape is what requires the Variance, the fact
that there is only 42% versus 50% landscaping provided in the front yard? What
alternatives might there be in designing the project and why you have to come
for a variance on the landscaping?
Mr. Fluter answered that when the landscape requirement was put in the
Cannery Village /McFadden zone, this particular site or one like it was not
anticipated. The typical lot in the Cannery Village is 30 x 93 foot lot that abuts an
alley. This project, the only to gain access to the property is to create a driveway
on half the property. You also need a walkway to get into the property because
the code requires a walkway in addition to the driveway. That cuts you out of
50% no matter how you do it. This project is in the McFadden Square area
border.
Commissioner McDaniel noted that this is supposed to be a commercial area. It
seems like we are putting housing in the middle of a commercial area.
Mr. Fluter answered that the minimum requirement for commercial in this project
is .25, which is 1,000 square feet more than I have. When you try to lay this site out
that would require an additional four parking spaces. The site is allowed for both
residential and commercial. One side of the site is Hooter's Restaurant and the
Balboa Boat Yard is on the other side.
Commissioner Kranzley asked the applicant how he was going to attract tenants
that aren't going to be sitting in here protesting every restaurant use and boat
yard use in the future. I am concerned about the fact that we are sticking
residential in the middle of fairly active commercial, which has been very difficult
in this area of town.
Mr. Fluter opined that is what makes the area great. Across from the boatyard
are condominiums. We have had very little complaints. This site will have views
50
INDEX
Item No. 5
UP No. 3685
Site Plan Review
No. 79
Denied
$5
City of Newport Beach
Planning Commission Minutes
November 9, 2000
over the boat yard. This is a loft project surrounded by commercial; it is not in a
residential area. Anybody who rents or buys a residence in this kind of a
neighborhood is going to know where they are buying and they are going to like
it.
Commissioner Kranzley asked for an explanation of the easement issue. I have
this vision that we will have some bayfront walkway.
Mr. Campbell stated that the Municipal Code requires that an easement be
created that is 6 feet wide, horizontally abutting the bay. The required easement
is to be recorded. Staff is recommending that we do an irrevocable offer to
dedicate that issue. That offer to dedicate would be recorded against the
property. If one of the abutting land uses does redevelop at some point in time,
we can get a connection and the easement could then be recorded.
Commissioner Kranzley clarified that we do not have an easement recorded on
this piece of property, in the future we have the right to have on easement. That
easement would never represent a taking of this property from the owner of the
property.
Public comment was closed.
Chairperson Selich noted his concern of this project. It is not good policy to be
putting residential properties in between boat yards, I realize that the zoning
permits that in this area, although it certainly does not mandate it. You can do
all commercial on the property. If he wasn't asking for a FAR change and less
landscaping, he would not be here and could just go in and get a building
permit.
Mr. Campbell noted that a Site Plan Review application is also before you that
has specific findings of compatibility. There is a discretionary action and would
come before the Planning Commission even without the FAR change or
landscaping.
Continuing, Chairperson Selich noted this is not a compatible use the way it is
designed. The mixed -use provisions do not mandate that this be done and I do
not believe it is within the intent of mixed -use development. It is primarily a
residential use with little commercial. We are basically approving a residential
use between a boat yard and a restaurant bar facility. I just can not support it.
Commissioner Kranzley asked the applicant how he would feel about conditions
regarding types of windows and things that would be in the residential portion of
this application such as quadruple paned, etc. for soundproofing as much as
possible? I have the same vision of how mixed use should work.
INDEX
Mr. Fluter answered that he would not have a problem with that. He stated that
the architecture would be a handsome building and have a theme of the area
51 3i
City of Newport Beach
Planning Commission Minutes
November 9, 2000
that when people drive by will be uplifted. I agree that there is a problem with
the mixture of residential and commercial, but I would like to see a beautiful new
building there than if someone put a 2500 straight commercial building there. I
could put in air conditioning and talk to a sound acoustical engineer for further
suggestions.
Ms. Temple agreed that a requirement for an acoustical study be prepared to
address sound attenuation within the residential structures be submitted prior or
with the building application is within reason. All recommendations of that study
would then be implemented within the project. our current interior noise
standard is 45 dBA. The question would be do you want to impose a more
stringent standard than that.
Commissioner Agajanion noted his concern with the design of the project. He
stated he is in support of the project.
Commissioner Kiser asked if there would be any problems with residents on this
particular site between these two uses. Problems for the City in the way of
lawsuits?
Ms. Clauson noted that regarding lawsuits by virtue of the fact that we have
placed residential there and somebody buys a house there, I don't believe so. As
far as future problems when somebody who owns the property next door wants
to redevelop it make a change, sure there may be potential problems there.
There is a potential problem with people complaining about noises next door for
the operations of the boat facility, but in the case of that we would direct those
property owners that it is a private nuisance issue.
Ms. Temple noted that we are involved with actual code enforcement issues with
the boat yard due to complaints from the adjoining 29th Street Marina residents
having to do with early morning boat deliveries and back up bells, etc. that are
creating complaints. We have not closed that file yet, as the issue has not been
resolved yet with the business owner.
Commissioner Kiser noted residential uses with commercial creates a nice
community, but to the extent it is going to create a lot of problems in the future
as residential uses are intermixed with the boat yard uses, I wonder whether this
would start a trend towards losing all the boat yard marine type uses over time.
Chairperson Selich noted that there is a variance being requested. There are
strict standards for approving variances and other instances. They have mainly
been for hillside areas, but one of the things we have to look at for consistency is
the grounds for granting a variance. I don't see the grounds myself particularly in
relation to the standards set in reviewing other variances.
Commissioner McDaniel noted that mixed use could work, but we have created
an island here. We have a boat yard on one side and a restaurant on the other
52
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City of Newport Beach
Planning Commission Minutes
November 9, 2000
INDEX
side that will be noisy and there is no place for this to expand. There is one little
place here. I don't think it is fair to the boat yard to be putting someone who is
bound to have concerns about early morning deliveries and doing boat work.
That is what was there first and that is what it was zoned for originally to have that
kind of businesses on the water, which will require access to the water. I couldn't
support this.
Ms. Ciauson at Commission inquiry noted that the City is not liable for the
issuance of a permit approval or something to operate within the Code. You
have residences there and issues that will come up in the future and the
complaints that the City will have to address when they occur.
Commissioner Gifford noted her support of the comments made by the
Chairperson. She noted that she is not persuaded to make findings for a
variance and in terms of a commercial loft area, with the boat yard there it is
akin to being industrial. I don't think our obligation is necessarily to the boat yard
or to the surrounding property owners, I think it is a matter of good planning.
don't think this is workable, putting residential in there.
Motion was made by Chairperson Selich to deny Site Plan Review No. 79, Use
Permit No. 3685 and Variance No. 1239 subject to the findings for denial in Exhibit
2 of the staff report.
Ayes: McDaniel, Kiser, , Selich, Gifford
Noes: Agalanian, Kranzley
Absent: Tucker
Exhibit No. 2
Findings for Denial
Site Plan Review No. 79, Use Permit No. 3685 L Variance No. 1239
1. Surrounding uses include a boat yard and a restaurant. The City has
experienced in the post and continues to experience land use conflicts
between residential uses and boat yards and restaurants. The adjacent
boat yard is an intensive marine - related, industrial activity permitted within
the RMC district that has the potential to cause nuisances to residents of
the project in the form of noise, refinishing activities and motor
maintenance. Introduction of the residential uses adjacent to this use will
generate complaints and pressure to regulate the boat yard in order to
make it compatible with the project. Potentially further regulating the
adjacent boat yard is contrary to the City's goal to preserve waterfront
land for these necessary harbor activities. The adjacent restaurant is
permitted to be open till IOPM on Sunday, 1 A Monday to Thursday and
2AM Friday and Saturday and is a permitted use. Activities within the
restaurant as well as patron activity in the parking lot during the late night
hours may become a nuisance to abutting residents. Permitting residences
53 3Y�
City of Newport Beach
Planning Commission Minutes
November 9, 2000
adjacent to the restaurant will generate complaints and increased pressure
to further regulate the restaurant contrary to its permitted operational
characteristics. Therefore, the proposed project is inconsistent with the
abutting uses
2. The Zoning Code requires that a mixed -use project provide a minimum of
0.25 FAR in order to create viable commercial spaces. The proposed
commercial spaces are not large enough to accommodate viable retail or
marine - related businesses. The bayside suite is 1,000 square feet in area and
due to its lack of visibility from Newport Boulevard, retail uses are unlikely.
Although office the site is large enough for office uses, non - marine - related
office uses are only permitted when 40% of the commercial area on the site
is occupied with marine incentive use. Therefore, the marketability of the
unit is very limited. The streetside suite is 500 square feet and due to its size,
the suite would tend to favor a small office use rather than a retail use. The
suite is located close to Newport Boulevard, and therefore has very good
visibility; the size of the suite is very limiting for a retail establishment. Due to
these limiting factors, compliance with the requirement that 40% of the
commercial area be devoted to marine incentive uses is questionable.
Larger and more viable commercial spaces will assist in compliance with
the marine incentive use requirement.
54
INDEX
31
Exhibit No. 3
Findings and Conditions of Approval
Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239
FINDINGS
Site Plan Review
1. The site is flat, paved with asphalt and gravel with no trees or shrubs, no unique natural
landforms or coastal bluffs or other environmental resources, and therefore, the proposed
project will not significantly impact significant resources. The site is not within a designated
Environmental Sensitive Area (ESA). The site is flat, paved with asphalt and gravel with no
trees or shrubs, no unique natural landforms or coastal bluffs or other environmental
resources, and the development project does not require significant alteration of the site and
is therefore compatible with the site.
2. The site is designated for Recreational Marine Commercial (RMC) uses by the General Plan
and is located within McFadden Square area. The RMC designation was applied to waterfront
commercial areas where the City wishes to preserve and encourage uses which facilitate
marine commercial uses and a visitor serving orientation. The General Plan permits
residential uses on the second floor above permitted commercial uses in the McFadden
Square area, and the project is provides residential uses on the second floor above permitted
commercial uses, therefore the project is consistent with the General Plan. Although the
introduction of new residential uses to the area could have an impact upon the preservation of
the abutting boatyard and operation of the adjacent restaurant, residents of the facility will be
afforded full disclosure of abutting uses before occupancy. Although expansion the adjacent
boatyard would be precluded with the proposed project, the Balboa Boat Yard has been in
operation for many years and its expansion is a private consideration and has not been sought.
The proposed project will not preclude the continued operation of the boatyard.
3. The site is on the border between the Cannery Village and McFadden Square area and is
located in the designated McFadden Square area which extends to 2e Street. The proposed
project does include the use sandblasted and burnished concrete block which reflects an
image of permanence and strength identified as a thematic element of the McFadden Square
area. Although the overall architectural theme of the project is not reminiscent of the turn of
the century era exhibited in the central McFadden Square area near the Newport Pier, the
architectural flavor and design of the project is closely associated with the maritime theme
fostered by the Cannery Village area. The project uses galvanized metal exterior finishes for
walls, roofs and window awnings. Exposed steel beams and metal canopies accent the
architecture. Modest use of stucco offsets the use of sandblasted concrete with metal lintels
for exterior wall finishes. Although the architect has not included specific nautical elements,
the overall architectural theme meets the guidelines of the Cannery Village architectural
theme and therefore, the project is consistent with the Cannery Village/McFadden Square
Specific Plan.
4. Surrounding uses are varied including marine uses, restaurants, visitor serving commercial
and mixed -use developments. The project is a continuation of the mixed —use development
concept prevalent in the Cannery Village/McFadden Square area especially to the north of the
project site. The immediate abutting sites are a boat yard and a restaurant which have the
potential to cause nuisances to residents of the project. Although the introduction of new
residential uses to the area could have an impact upon the preservation of the abutting
boatyard and operation of the adjacent restaurant, residents of the facility will be afforded full
disclosure of abutting uses before occupancy. No outdoor livings spaces are provided with
the project which will assist in reducing potential conflicts. The boatyard is a daytime use and.
the project will be required to incorporate construction techniques that attenuate exterior
noise sources accordance with the Newport Beach Noise Ordinance.
5. The development of the site will block the limited view to the bay from Newport Boulevard
which is not designated as a Scenic Highway or Drive. No public parks are in located the
vicinity that the project would impact views from. Although the project site provides the only
glimpse of the bay from Newport Boulevard on the block, 26a' street is approximately 75 feet
to the north and provides a similar glimpse of the bay from the public right of way.
6. The site is located close to the Newport Inglewood fault zone and severe ground shaking at
the project site might be experienced in a major event. Prior to the issuance of a building or
grading permit, the applicant must submit a comprehensive geotechnical investigation to the
Building Department for review and approval. All applicable City and State building codes
and seismic design guidelines will be applied through the issuance of a building permit, and
therefore the proposed project will be sufficiently protected.
7. The proposed project does not have outdoor living areas and the City noise ordinance
requires that interior noise levels must comply with the 45 CNEL or less standard. The
applicant will be required to submit an acoustic study prior to occupancy of the residences
that documents that interior noise levels meet this standard.
8. The parking lot as presently designed meets applicable requirements for reasonable and safe
operations based upon the review of Planning, Public Works and Building Departments.
Subtle alterations may be necessary to ensure adequate disabled access.
9. The Zoning Code requires a 6 -foot wide horizontal easement that is parallel to the bay and a
vertical easement perpendicular to the bay from Newport Boulevard to the bay to be recorded.
A recorded "offer to dedicate" the easement in lieu of actually establishing the easement is
consistent with Coastal Commission guidelines and is satisfactory in this case due to the nature
of the project and its location. Access from the site to the north or south along the bay is
blocked and is not likely to be provided in the near future. The adjacent boatyard to the north
cannot physically provide a safe connection to 2e street further to the north and the Hooter's
Restaurant building provides no setback from the bulkhead. When the abutting uses redevelop,
horizontal connections will be feasible and in the case of the Balboa Boatyard, a connection to a
public street will effectively eliminate the need for the vertical easement on the subject property.
Lastly, the project provides a residential component and security of the site is necessary.
10. Electrical and mechanical equipment are not shown on the plans and approval of the project
is based upon an understanding that these devices be either located underground or
concealed. Additionally, trash storage areas are not specifically delineated with the project
and approval of the project is based upon an understanding that the areas will be either
accommodated within the commercial spaces and residential garages, or within screened
enclosures, and they will not be visible to the public except for trash - pickup.
11. No known archaeological and historical resources are known to exist and are unlikely to exist
due to the nature of the site as a disturbed and partially filled site.
12. There are no abutting residential districts, and therefore the proposed project will not likely
have a significant effect upon residences in the area.
Use Permit
1. The proposed commercial space is 2000 square feet and is 25.5% of the total project square
footage. This amount of area is not insignificant to the overall project.
2. That the proposed commercial spaces are large enough to accommodate viable businesses.
The bayside suite is 1,000 square feet in area and can accommodate a small commercial
venture. The location on the bay does not favor retail uses due to its lack of visibility to
Newport Boulevard, but the suite is large enough to facilitate several offices. The streetside
suite is 1,000 square feet and can accommodate a small business. The size of the suite would
tend to favor a small office use, but due to the good visibility of the suite from Newport
Boulevard, a small retail business is very possible. Strict compliance with the minimum
commercial standard for a mixed use project would increase the parking requirement, and the
increased commercial area and parking would most likely require a parking garage placing
residences and possibly commercial space above. This design scenario would not be
conducive to providing viable commercial spaces due to its potential separation from the
ground or decreased visibility. The increase commercial space would also come at the
expense of one or both residential units due to need for additional space to accommodate
both increased commercial space and parking.
3. The site is designated for Recreational Marine Commercial uses by the General Plan. This
designation was applied to waterfront commercial areas where the City wishes to preserve
and encourage uses which facilitate marine commercial uses and a visitor serving orientation.
Although residential uses are not addressed within the description of the RMC designation,
the Canary Village/McFadden Square Specific Area Plan permits residential uses on the
second floor above permitted commercial uses, and therefore the use is consistent with the
General Plan. Although the introduction of new residential uses to the area could have an
impact upon the preservation of the abutting boatyard and operation of the adjacent
restaurant, residents of the facility will be afforded full disclosure of abutting uses before
occupancy. Although expansion the adjacent boatyard would be precluded with the proposed
project, the Balboa Boat Yard has been in operation for many years and its expansion is a
private consideration and has not been sought. The proposed project will not preclude the
continued operation of the boatyard. Therefore, the project will not be detrimental to the
public health, safety, peace, morals, comfort, or welfare of persons residing or working in or
adjacent to the neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the city.
�C _
Variance
1. The reduced landscape percentage is necessary in order to provide minimum required vehicular
access and disabled access to the site. The site is 50 feet wide and has no alley access typical of
the Cannery Village/McFadden Square Area. Without alley access to provide vehicle access
from the rear or other site access from private property, access for vehicles and the disabled is
must be through the front yard. This access requires a minimum of 29 feet in width which is
58% of the required front yard of this 50 -foot wide site. Strict application of the 50% required
front yard landscaping standard would either eliminate complying disable access to the site
from the sidewalk or create a substandard vehicular driveway which increases hazards. Safe
vehicular access and minimum complying disabled access are higher priorities than the
additional 20 square feet of landscaping which would be otherwise be required. Therefore, strict
application of the landscaping and access standards in this case given the width and location of
the property deprive the property owner of the privilege of developing his property in a manner
consistent with other properties under the identical zoning classification. The project has an
increased front building setback which increases the landscape area in front of the building
although the increased area beyond the required setback cannot be used to technically meet the
standard. The increased area will provide equal area to what would be required if 50% of the
required yard were landscaped. Therefore, the project and variance approval meets the
legislative intent of the code which is to ensure that adequate landscaping along the street is
provided, and not constitute a grant of special privilege.
CONDITIONS OF APPROVAL
1. This Site Plan Review No. 79, Use Permit No. 3685 and Variance No. 1239 shall expire
unless exercised within 24 months from the effective date of approval as specified in Section
20.91.050A of the Newport Beach Municipal Code.
2. The development shall be in substantial conformance with the approved site plan, floor plans
and elevations dates February 8, 2001, except as noted below.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The Planning Commission may add to or modify conditions of approval to this Use Permit or
recommend to the City Council the revocation of this Use Permit, upon a determination that the
operation which is the subject of this Use Permit, causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare of the community.
5. The applicant shall obtain a Coastal Development Permit from the California Coastal
Commission prior to the issuance of any building or grading permit for the project.
6. The minimum elevation of the finished floor for project buildings shall be 9.00 above
M.L.L.W. (6.27 Mean Sea Level).
qt
7. The bayside structure is required to be protected with an automatic fire suppression sprinkler
system subject to the review and approval of the Newport Beach Fire Department.
8. All trash areas shall be screened from adjoining properties and public streets.
9. The enclosed garages shall available for the exclusive use of the residential uses. No conversion
of the garage spaces to other use shall be permitted. The open parking spaces shall be available
for the exclusive use of the commercial businesses and customers while those commercial
businesses are open for business.
10. The commercial spaces within the project shall not be converted or used for residential
purposes.
11. The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape
architect or licensed architect for on -site and adjacent off -site planting areas. These plans
shall incorporate drought tolerant plantings and water efficient irrigation practices, and the
plans shall be approved by the Planning Director prior to the issuance of a building permit.
All planting areas shall be provided with a permanent underground automatic sprinkler
irrigation system of a design suitable for the type and arrangement of the plant materials
selected. Planting areas adjacent to vehicular activity shall be protected by a continuous
concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede
vehicular sight distance to the satisfaction of the Traffic Engineer.
12. All landscape materials and landscaped areas shall be maintained in accordance with the
approved landscape plan. All landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped
areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable,
including adjustments, replacements, repairs, and cleaning as part of regular maintenance.
13. The boat slips bayward if property shall only be used in conjunction with the proposed
residential dwelling units. Commercial use of the boat slips is prohibited.
14. Prior to the issuance of building permits, the applicant shall record an irrevocable offer to
dedicate a 6 -foot wide public access easement along the entire water frontage of the property
and though the property to Newport Boulevard. The irrevocable offer to dedicate the assess
easement shall be subject to the review and approval of the Newport Beach City Attorney and
Coastal Commission prior to recordation.
15. The project must comply with the interior and exterior noise standards for residential uses of
the Noise Ordinance. The interior noise standard is 45dBA between the hours of 7:OOAM and
10:00PM and 40dBA between the hours of 10:OOPM and 7:OOAM. The exterior noise level
standard is 55dBA between the hours of 7:OOAM and 10:OOPM and 50dBA between the
hours of 10:00PM and 7:OOAM. An acoustic study shall be performed by a qualified
professional that demonstrates compliance with these standards of the Noise Ordinance. This
acoustic study shall be performed and submitted to the City Planning Department prior to
occupancy of the project. If the exterior noise levels exceed applicable standards, additional
mitigation shall be required which may include the installation of sound wall in a location
established by the acoustic study and subject to the approval of the Planning Director.
16. Each residential unit and each commercial building shall be served with an individual water
service and sewer lateral connection to the public water and sewer systems unless otherwise
approved by the Public Works Department and the Building Department.
17. Intersections of the private drive and Newport Boulevard shall be designed to provide sight
distance for a speed of 35 miles per hour. Slopes, landscape, walls and other obstruction shall
be considered in the sight distance requirements. Landscaping within the sight line shall not
exceed twenty-four inches in height.
18. A condition survey of the existing bulkhead along the bay sides of the property shall be made
by a civil or structural engineer prior to issuance of any grading permits, and that the
bulkhead be repaired in conformance with the recommendations of the condition survey and
to the satisfaction of the Building Department and Marine Department. The top of the
bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSQ.
19. All improvements within the public right of way shall be constructed as required by
Ordinance and the Public Works Department.
20. Disruption caused by construction work along roadways and by movement of construction
vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic
control and transportation of equipment and materials shall be conducted in accordance with
state and local requirements. There shall be no construction storage or delivery of materials
within the Newport Boulevard right -of -way.
21. Curbs, gutter and sidewalk shall be reconstructed along the Newport Boulevard frontage
under an encroachment permit issued by the Public Works Department. All construction
within the public right -of -way be subject to further review by the Public Works Department.
An Encroachment Agreement shall be executed for all non - standard improvements approved
to be constructed within the public right -of -way.
22. Arrangements shall be made with the Public Works Department in order to guarantee
satisfactory completion of the public improvements, if it is desired to record a parcel map or
obtain a building permit prior to completion of the public improvements.
23. A drainage study shall be prepared by the applicant and approved by the Public Works
Department, along with a master plan of water, sewer and storm drain facilities for the on -site
improvements prior to issuance of a grading permit.
24. The final design of all on -site parking, vehicular circulation and pedestrian circulation
systems shall be subject to the approval of the Traffic Engineer.
25. The applicant shall provide wheel stops or other approved protective barrier methods as
necessary within the parking facility. The parking spaces shall be marked with approved traffic
markers subject to the approval of the Public Works Department or painted white lines not less
than 4 inches wide.
26. Fair Share traffic mitigation fees shall be paid to the City prior to the issuance of any building
or grading permit for the site.
i
27. Any Edison transformer serving the site shall be located outside the sight distance planes as
described in City Standard 110 -L.
28. The proposed project shall conform to the requirements of the Uniform Building Code,
including State Disabled Access requirements, unless otherwise approved by the Building
Department.
29. All mechanical equipment shall be screened from view of adjacent properties and adjacent
public streets within the limits authorized by this permit, and shall be sound attenuated in
accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise
Control.
30. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in
accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City
Engineer that such undergrounding is physically infeasible.
31. The residential units shall be constructed with heightened sound attenuation techniques beyond
normal construction standards and said techniques shall be subject to the review and approval
by the Building and Planning Department. The residential units shall be provided air
conditioning units.
�V
Exhibit No. 4
Findings for Denial
Site Plan Review No. 79, Use Permit No. 3685 & Variance No. 1239
1. Surrounding uses include a boat yard and a restaurant. The City has experienced in the past
and continues to experience land use conflicts between residential uses and boat yards and
restaurants. The adjacent boat yard is an intensive marine- related, industrial activity
permitted within the RMC district that has the potential to cause nuisances to residents of the
project in the form of noise, refinishing activities and motor maintenance. Introduction of the
residential uses adjacent to this use will generate complaints and pressure to regulate the boat
yard in order to make it compatible with the project. Potentially further regulating the
adjacent boat yard. is contrary to the City's goal to preserve waterfront land for these
necessary harbor activities. The adjacent restaurant is permitted to be open till 1OPM on
Sunday, lAM Monday to Thursday and 2AM Friday and Saturday and is a permitted use.
Activities within the restaurant as well as patron activity in the parking lot during the late
night hours may become a nuisance to abutting residents. Permitting residences adjacent to
the restaurant will generate complaints and increased pressure to further regulate the
restaurant contrary to its permitted operational characteristics. Therefore, the proposed
project is inconsistent with the abutting uses
2. The Zoning Code requires that a mixed -use project provide a minimum of 0.25 FAR in order
to create viable commercial spaces. The proposed commercial spaces are not large enough to
accommodate viable retail or marine - related businesses. The bayside suite is 1,000 square
feet in area and due to its lack of visibility from Newport Boulevard, retail uses are unlikely.
Although office the site is large enough for office uses, non - marine - related office uses are
only permitted when 40% of the commercial area on the site is occupied with marine
incentive use. Therefore, the marketability of the unit is very limited. The streetside suite is
1,000 square feet and due to its size, the suite would tend to favor a small office use rather
than a retail use. The suite is located close to Newport Boulevard, and therefore has very
good visibility, the size of the suite is very limiting for a retail establishment. Due to these
limiting factors, compliance with the requirement that 40% of the commercial area be
devoted to marine incentive uses is questionable. Larger and more viable commercial spaces
will assist in compliance with the marine incentive use requirement.
3. The project site does not provide commercial parking at a retail/office ratio (1 space/250 sq.
ft.). Therefore, a portion of the site will be limited to a less parking intensive use such boat
sales. By not providing parking based upon 1/250 ratio, the use and leasing flexibility is
limited. Providing limited parking and thereby limiting flexibility of uses that can occupy the
site is detrimental to the community and surrounding business. This is especially true if a
more parking intensive and complying use were to occupy the site generating a need for street
parking.
�l 5
A
Exhibit No. 3
Applicant's request for amendment
to Condition No. 14.
0
RUSSELL E. FLUTER
2025 West Balboa Blvd
Newport Beach, CA 92663
949.673.3777 fax 949.673.3451
December 18, 2001
James Campbell, Planner
City of Newport Beach RECEIVED BY
3300 Newport Blvd. PLANNING DEPARTMENT
Newport Beach, CA 92663 CITY OF NEWpnRT BEACH
Re: 2410 Newport Blvd., Newport Beach, CA AM JAM 1 6 2002 PM
Use Permit No. 3685, Site Plan Review No. 79
Condition of approval #14 vertical access ?Id191101IIi 12111818141616
Dear Mr. Campbell: r
Please remove your condition #14 (vertical access). The condition of vertical public
access would be an unreasonable burden on my property. Additionally, adequate public
access already exists nearby 50 feet to the North, the entire block (over 500 feet of bay
frontage) is open to the public from 2e Street to 2e Street.
The only way to provide the vertical public access through this property is shown on
the plan, see attachment #3. The access would be hidden from sight and partly behind
parking spaces, which would be unsafe because of cars backing out through the access
walkway. There would be no way to provide security or to manage the access way, given the
2 new residences and commercial space on this long narrow lot.
When the neighboring properties are redeveloped, gaining lateral access across the
bay frontage of the property would be a much more reasonable way to plan for public access,
using the street ends or larger projects for vertical access.
After analyzing the California Coastal Commission Public Access Action Plan, and
sections 30212, 30214 of the Public Resources Code, and reviewing the relevant facts and
circumstances, I believe that vertical access on this property would also be considered
unreasonable. The subject property is only 50 feet wide and 200 feet deep and is too narrow
to provide vertical access. A 6 foot vertical access dedication would be 12% of the total
property.
The City code (see attachment #1) allows exceptions for public safety and where
adequate nearby access already exists. Thank you for your consideration in waiving this
vertical access condition, as it would create an undue hardship on the property.
Sincerely,
Re
Fluter
Attachments:
1. City Zoning Code, Page 20.60 -12, Site Regulations
Paragraph C — Public Access to Bay Front
2. City of Newport Beach, Planning Commission Minutes, February 8, 2001
Paragraph 14
3. Plot plan showing vertical access.
4. Aerial photographs showing nearby access.
City Zoning Code O
Page 20.60 -12 i
Site Regulations
2410 Newport Blvd.
C. Public Access to Bay Front. in approving a site plan review or granting a use permit
for development on a site with frontage along the bay, the Planning Commission
shall require the dedication of vertical and lateral public access casements, cxce t
where adequate public access already exists or where the provision of
inconsistent with public safety or the protection of fragile coastal resources. The
following standards shall be applied to all lateral and vertical public access
casements:
1. Public access easements shall be a minimum of 6 feet in width. _
2. Public access easements may be provided within required setback areas.
3. All dedicated public access casements shall be recorded with the Orange
County Recorder's Office in a manner satisfactory to the Public Works
Department.
�b
City of Newport Beach
Planning Commission Minutes._
February 8, 2001
2410 Newport Blvd.
14. Prior to the issuance of building permits, the applicant shall record an
irrevocable offer to dedicate a.6 -foot wide public access easement along
the entire water frontage of the property and though the property to
Newport Boulevard. The irrevocable offer to dedicate the assess easement
shall be subject to the review and approval of the Newport Beach City
Attorney and Coastal Commission prior to recordation.
�1
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a
Exhibit No. 4
Sections 30212 & 30214 of the Coastal Act.
5
CALIFORNIA CODES
PUBLIC RESOURCES CODE
SECTION 30212
30212. (a) Public access from the nearest public roadway to the
shoreline and along the coast shall be provided in new development
projects except where (1) it is inconsistent with public safety,
military security needs, or the protection of fragile coastal
resources, (2) adequate access exists nearby, or (3) agriculture
would be adversely affected. Dedicated accessway shall not be
required to be opened to public use until a public agency or private
association agrees to accept responsibility for maintenance and
liability of the accessway.
(b) For purposes of this section, "new development" does not
include:
(1) Replacement of any structure pursuant to the provisions of
subdivision (g) of Section 30610.
(2) The demolition and reconstruction of a single - family
residence; provided, that the reconstructed residence shall not
exceed either the floor area, height or bulk of the former structure
by more than 10 percent, and that the reconstructed residence shall
be sited in the same location on the affected property as the former
structure.
(3) Improvements to any structure which do not change the
intensity of its use, which do not increase either the floor area,
height, or bulk of the structure by more than 10 percent, which do
not block or impede public access, and which do not result in a
seaward encroachment by the structure.
(4) The reconstruction or repair of any seawall; provided,
however, that the reconstructed or repaired seawall is not seaward of
the location of the former structure.
(5) Any repair or maintenance activity for which the commission
has determined, pursuant to Section 30610, that a coastal development
permit will be required unless the commission determines that the
activity will have an adverse impact on lateral public access along
the beach.
As used in this subdivision, "bulk" means total interior cubic
volume as measured from the exterior surface of the structure.
(c) Nothing in this division shall restrict public access nor
shall it excuse the performance of duties and responsibilities of
public agencies which are required by Sections 66478.1 to 66478.14,
inclusive, of the Government Code and by Section 4 of Article X of
the California Constitution.
5�
CALIFORNIA CODES
PUBLIC RESOURCES CODE
SECTION 30214
30214. (a) The public access policies of this article shall be
implemented in a manner that takes into account the need to regulate
the time, place, and manner of public access depending on the facts
and circumstances in each case including, but not limited to, the
following:
(1) Topographic and geologic site characteristics.
(2) The capacity of the site to sustain use and at what level of
intensity.
(3) The appropriateness of limiting public access to the right to
pass and repass depending on such factors as the fragility of the
natural resources in the area and the proximity of the access area to
adjacent residential uses.
(4) The need to provide for the management of access areas so as
to protect the privacy of adjacent property owners and to protect the
aesthetic values of the area by providing for the collection of
litter.
(b) It is the intent of the Legislature that the public access
policies of this article be carried out in a reasonable manner that
considers the equities and that balances the rights of the individual
property owner with the public's constitutional right of access
pursuant to Section 4 of Article X of the California Constitution.
Nothing in this section or any amendment thereto shall be construed
as a limitation on the rights guaranteed to the public under Section
4 of Article X of the California Constitution.
(c) In carrying out the public access policies of this article,
the commission and any other responsible public agency shall consider
and encourage the utilization of innovative access management
techniques, including, but not limited to, agreements with private
organizations which would minimize management costs and encourage the
use of volunteer programs.
y
Exhibit No, 5
Memorandum to LCP Update Committee
dated March 4, 2002.
51
CITY OF NEWPORT BEACH
Office of the City Attorney
TO: LCP Update Committee
FROM: Robert Burnham
RE: Coastal Act "Primer"
DATE: March 4, 2002
The purpose of this memo is to provide the Committee with a summary of
the law relative to exactions and provisions of the California Coastal Act
(Act) and relevant decisional law that are pertinent to the preparation and
certification of a Local Coastal Plan (LCP) under the.
1. EXACTIONS
In Nollan v. California Coastal Commission (1987) 483 U.S. 825, the
Supreme Court held that a public agency could require the dedication of
property as a condition to the issuance of a permit unless there is a
reasonable relationship or nexus between the exaction (condition) and a
legitimate state interest. In Nollan, the Court found that the Coastal
Commission had a legitimate state interest in preserving public access
and view corridors to the coastline but that there was no "nexus" between
this interest and a requirement that property be .dedicated for public use
as a condition to the issuance of permit to remodel a beachfront
residence. The Court concluded that the addition to the residence did
not interfere with the State's interest so there was not a reasonable
relationship (nexus) between the exaction and, the permit.
In Dolan v. City of Tigard (1994) 512 U.S. 374, the Supreme Court found
that a City's attempt to have a landowner dedicate property for bike path
and flood management as a condition to issuing a building permit was a
taking of property. The Court held that the exaction must be roughly
proportional to the impact of the development. The City was ruled to
have taken Dolan's property because it failed to prove that the impact of
Dolan's business expansion on bike traffic and flooding was roughly
proportional to the required dedication.
The Nollan /Dolan cases, along with other rulings, would prevent the City
from requiring certain dedications and would arguably prevent the
S�
Commission from denying certification of an LCP on the basis that public
access provisions should require dedications under the conditions in
Nollan /Dolan.
2. PROCESS FOR APPROVAL
An LCP consists of land use plans, zoning ordinances, zoning district
maps, and within sensitive habitat areas other implementation actions.
The City submits an LCP for certification after approval by the Planning
Commission and City Council. The Commission has ninety days to either
certify or refuse certification. ( §30512 PRC). The Commission is required
to explain why certification was denied and provide suggested changes
that would, if approved by the City, constitute certification. ( §30512(b)
PRC). The City may elect to address the Commission's decision not to
certify in a manner other than as suggested and may then resubmit its
revised LCP plan to the Commission. During the preparation and approval
of any proposed LCP, the public and all affected governmental agencies
shall be provided maximum opportunities to be heard.( §30503 PRC)
The Commission can only disapprove an LCP on the basis it is not in
conformity with Act. The Commission, in approving or disapproving a
LCP, only enforces the Act and does not create or originate any land use
rule or regulation. City of Chula Vista v. The Superior Court of San Diego
(1982) 133 Cal. Rptr. 909.
Although the Commission's powers are limited to enforcing the Act, this
limitation may be more academic than real. As a practical matter, the
Act allows the Commission broad leeway in deciding whether an LCP is in
conformance with the policy provisions of the Act.
The Commission is acting in a quasi - judicial capacity when reviewing an
LCP. Therefore, the Commission must use its independent judgment
when reviewing an LCP and may not rely upon the city's conclusions or
findings. The courts have determined that "the commission must
exercise its independent judgment to decide if such conformity has been
achieved because that decision cannot be completely delegated to the
local entity where it is likely to be subject to local economic and political
pressures which cannot so readily influence the commission." City of
Chula Vista v. The Superior Court of San Diego County (1982) 183 Cal.
Rptr. 909.
3. REQUIRED ELEMENTS
The City is responsible for determine the precise content of an LCP.
( §30500 PRC) but is required to address these provisions of; the Act.
6b
A. Public Access.
The Act provides that an LCP shall provide maximum public access
to coastal resources consistent with public safety needs, rights of
private property owners, and protection of natural resource areas
from overuse. ( §30210 PRC). In addition, "Wherever appropriate
and feasible, public facilities, including parking areas or facilities,
shall be distributed throughout an area so as to mitigate against the
impacts, social and otherwise, of overcrowding or overuse by the
public of any single area." ( §30212.5).
According to the Act, "development shall not interfere with the
public's right of access to the sea. "( §30211 PRC). New development
projects shall provide "public access from the nearest public
roadway to the shoreline and along the coast" ( §30212 PRE). A new
development does not include (a) remodeling or rebuilding of a
single family residence so long as the floor area does not increase by
more than 10% and (b) alternations to any structure so long as the
use /intensity /footprint remains the same.
In terms of coastal access, the LCP may contain policies that limit or
restrict access based on topography, the site's ability to sustain
intense usage, the presence of fragile natural resources, the
proximity of the access area to adjacent residential uses, and
protection of privacy of adjacent landowners. ( §30214 PRC). The Act
provides that the public's access shall be "carried out in a reasonable
manner - that considers the equities and balances the rights of the
individual property owner." ( §30214 PRC).
B. Recreation
The Act states that "coastal areas suited for water- orientated
recreational activities ... shall be protected for such uses." (§
30220PRC) and the "use of private lands suitable for visitor- serving
...recreational facilities... shall have priority over private residential,
general industrial, or general commercial developments, but not
over agricultural or coastal- dependent industry." ( §30222 PRC). The
Fortunately, the Act states that "increased recreational boating use
of coastal waters shall be encouraged." ( §30224 PRC).
C. Marine Environment.
According to the Act, "marine resources shall be maintained,
enhanced, and where feasible, restored. Special protection shall be
given to areas and species of special biological or economic
�1
significance." ( §30230 PRC). Improvements that alter natural
shoreline processes are permitted when required to serve coastal -
dependent uses or protect existing structures or public beaches in
danger of erosion but must be designed to eliminate or mitigate
adverse impacts on local shoreline sand supply. ( §30235 PRC).
D. Environnemental Sensitive Habitat Areas (ESHA)
According to the Act "ESHA shall be protected against any
significant disruption of habitat values, and only uses dependent on
those resources shall be allowed within those areas." ( §30240(a)
PRC). The act states that development in areas adjacent to [ESHA]
as well as parks and recreation areas shall be sited and designed to
prevent impacts that would significantly degrade those areas and
must be compatible with the preservation of those areas. The
Commission is required to prepare a report that designates
"sensitive coastal resource areas within the coastal zone" where the
protection of coastal resources and public access is required.
( §30502(a)). The LCP must include implementation actions
adequate to protect the coastal resources identified in this report.
E. Development
According to the Act, "new residential, commercial, or industrial
development ... shall be located [within or next to] existing
developed areas able to accommodate it" or other areas where it will
not significantly adversely affect coastal resources. The LCP is not
required to include housing policies and programs. ( §30500.1 PRC)
i
obert Burnham
MO I
Exhibit No. 6
Access map.
65