14 - Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) — Newport Beach City Council, February 14, 2023

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c�<,FORN'P City Council Staff Report
February 14, 2023
Agenda Item No. 14
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232, [email protected]
PREPARED BY: David Lee, Associate Planner, [email protected] PHONE: 949-644-3225
TITLE: Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12:

A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020- 060)
ABSTRACT:

For the City Council's consideration is a General Plan amendment to change the land use designation for 3014 Balboa Blvd. from commercial to residential, allowing for a new residential project. The applicant requests to demolish an existing commercial building that is home to the restaurant "Sancho's Tacos" and to construct a new two -unit residential condominium development. The request requires site -specific amendments to the General Plan, Local Coastal Program Amendment, and the Newport Beach Municipal Code.

RECOMMENDATIONS:
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment and that the exceptions to the Class 3 exemption do not apply; c) Adopt Resolution No. 2023-12, A Resolution of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment to Change the Land Use Category from Neighborhood Commercial (CN) to Two -Unit Residential (RT) for the Property Located at 3014 Balboa Boulevard (PA2020-060); d) Adopt Resolution No. 2023-11, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2020-005 to the California Coastal Commission Amending the Coastal Land Use Plan and Title 21 of the Newport Beach Municipal Code Land Use and Zoning Designation from Commercial Neighborhood (CN) to Two -Unit Residential (RT-E) and Setback Map S-2B to Remove a Front Setback for the Property Located at 3014 Balboa Boulevard (PA2020-060); and
14-1

Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12:

A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023

Page 2 ends

e) Waive full reading, direct City Clerk to read by title only, and introduce Ordinance No. 2023-3, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to Title 20 of the Newport Beach Municipal Code to Change the Zoning District from Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and Amend Setback Map S-2B to Remove a Front Setback for the Property Located at 3014 Balboa Boulevard (PA2020-060).

DISCUSSION:

The subject property is approximately 3,466 square feet (.08 acre). It is located immediately adjacent to, but is not a part of, an existing retail shopping center (The Landing). The property has a small restaurant building and two surface parking spaces. To the southeast, there are three residentially zoned lots that are each developed with two -unit residences.

Prior to the current restaurant, the property was developed with an approximately 750-square-foot single-family residence that was constructed in 1902. On November 10, 1986, the City Council approved General Plan Amendment 86-2 (C), Local Coastal Program Amendment No. 10, and Cannery Village Specific Area Plan Amendment No. 639, which changed the land use and zoning designations of the property from "Two -Family Residential" to "Retail and Service Commercial." Subsequent to the change of land use, the former residence was improved and converted for commercial use.

On March 27, 1996, the Planning Director approved Specialty Food Service Permit No. 46, authorizing a small food use in the existing building. The permit also authorized an outdoor dining area for customers and required two parking spaces for the outdoor dining area. In 2013, a building permit for a tenant improvement was issued for the existing restaurant, known as "Sancho's Tacos." The site remains designated for commercial use by the General Plan, Local Coastal Program, and Zoning Code.

Project Description
The applicant proposes to demolish the existing restaurant and construct a new, two -unit residential structure totaling approximately 3,564 square feet. The proposed residential development would comply with all requirements of the proposed R-2 zone and no deviations are requested. As part of the project, the existing crosswalk, which connects the subject property to the southwest corner of the Balboa Boulevard and 31s' Street intersection, is required to be relocated to connect the subject property to the northwest corner of the intersection. The following legislative approvals are required to consider the project:

1. General Plan Amendment (GPA) — An amendment to the General Plan to change the land use category from CN to Two -Unit Residential (RT);

2. Code Amendment (CA) — An amendment to Title 20 (Planning and Zoning) to change the zoning district from CN to Two -Unit Residential (R-2) and to remove a front setback designation along the side property line from Setback Map S-213; and 14-2

Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12:

A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023

Page 3 ends

3. Local Coastal Program Amendment (LCPA) — An amendment to the Coastal Land Use Plan to change the coastal land use category from CN to Two -Unit Residential (RT-E) (30.0 — 39.9 DU/AC), and an amendment to Title 21 (Local Coastal Program Implementation Plan) to change the coastal zoning district from CN to Two -Unit Residential (R-2). Additionally, the amendment would remove a front setback designation along the side property line from Setback Map S-213 for the subject property.

General Plan and Zoning Code Amendments
The subject property has a General Plan Land Use category of Neighborhood Commercial (CN) and a Zoning Code designation of Commercial Neighborhood (CN).

This designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The applicant is requesting a GPA and CA to change the land use category and zoning designation from CN to Two -Unit Residential (RT and R-2), which applies to a range of two-family residential dwelling units such as duplexes and townhomes.

The proposed GPA for residential use is consistent with the neighborhood. In addition to the three RT lots located on the same block, the surrounding neighborhood is predominately categorized as RT (Figure 1, below).

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Figure 1: Surrounding Two Unit Residential (RT) Lots, shown in brown 14-3

Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12:

A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023

Page 4 ends

Subsequently, the R-2 zoning designation is intended to implement the proposed RT land use category. All future development and uses would be required to comply with the use and development standards provided by R-2 development standards. The proposed two -unit development would comply with all applicable development standards, including floor area, setbacks, building, height, parking, etc. A complete consistency analysis of each of the applicable General Plan policies is provided in the attached Draft Resolution (Attachment A).

In addition to rezoning, an amendment that removes a 3-foot designated front setback along the southeasterly side property line (Figure 2) is required for Setback Map S-213.

This change would result in a 3-foot side setback that is typical for residential development in the surrounding lots and would allow for fences, walls, or other accessory structures to be constructed at a maximum height of 6 feet in the side setback area rather than limiting them to 42 inches in height.

Existing Setback Map Proposed Setback Map
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Figure 2: Amendment to Setback Map S-2B
The change in use of the property would place a residential use adjacent to the shopping center parking lot. Staff does not consider the proposed residence incompatible with the adjacent shopping center and parking lot. The project eliminates a commercial use and provides a compatible duplex abutting three duplexes to the south. The change of use will also eliminate patrons parking in the adjacent shopping center parking lot, thereby increasing the availability of spaces for visitors to The Landing Shopping Center.

Charter Section 423 (Measure S)
Pursuant to City Charter Section 423 and Council Policy A-18, an analysis must be prepared to establish whether a proposed GPA (if approved) requires a vote by the electorate. Charter Section 423 requires voter approval of any major amendment to the General Plan. A major GPA is one that significantly increases allowed density or intensity by 40,000 square feet of nonresidential floor area, increases traffic by more than 100 peak -hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units. 14-4

Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12:

A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023

Page 5 ends

These thresholds apply to the total of increases resulting from the amendment itself, plus 80 percent of the increases resulting from other amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding 10 years. Increases from the proposed amendment and 80 percent of the four prior amendments within Statistical Area B-5 have been calculated and are shown in Table 1 below. The increases in AM and PM traffic are zero because the traffic from two residential units is less than the traffic generated by commercial use allowed by the General Plan. None of the thresholds would be exceeded with approval of the amendment and no vote of the electorate would be required.

Table 1 — Charter Section 423. Measure S Analvsis for Statistical Area B-5 Amendments
Increased
Density
Increased
Intensity
Peak Hour Trip Increase
AM
PM
GP2012-005 (PA2012-146)
7 0
0 0
GP2012-002 (PA2012-031)
0 23,725
0 0
GP2016-001 (PA2016-061)
0 4,745
0 0
GP2020-004 (PA2020-068)
0 15,103

2.8 3.05
Total Prior Increases
7 43,573

2.8 3.05
80% of Prior Increases

5.6 34,858.40

2.24 2.44
100% of Proposed GPA
(PA2020-060)
2 0
0 0
Total

7.6 34,858.4

2.24 2.44
Threshold
100
40,000
100
100
Remaining

92.4 5,141.6

97.76 97.56
Vote Required
No
No
No
No
Local Coastal Program Amendment
The subject property is categorized by the Coastal Land Use Plan (CLUP) as Neighborhood Commercial (CN) — (0.0 to 0.30 FAR), and Commercial Neighborhood (CN) by the Local Coastal Program Implementation Plan (Title 21). The applicant is requesting an LCPA to amend the Coastal Land Use from CN to Two -Unit Residential (RT-E) — (30.0 — 39.9 DU/AC) and the Coastal Zoning District from CN to Two -Unit Residential (R-2) (Attachment PC 4). Similar to the amendment to Setback Map S-213 in the Zoning Code Amendment, Setback Map S-213 of Title 21 is required to be amended to remove a designated front setback along the side property line.

On October 19, 2022, City of Newport Beach staff received a letter of correspondence from the California Coastal Commission (CCC) suggesting the denial of the project. In the letter, CCC staff cites inconsistencies with Chapter 3 policies of the California Coastal Act of 1976, which require maximum public access and protection of lower -cost visitor facilities where feasible. The CCC staff letter also states that the subject property is one of four lots designated as CN on the Balboa Peninsula. Finally, the letter reviews previously approved LCPAs and questions the cumulative effect of these amendments on visitor -serving uses in the Coastal Zone. The correspondence is attached to this staff report as Attachment No. H. City staff has thoroughly reviewed the statements made in the letter and continues to recommend approval of the LCPA due to the following:
14-5

Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12:

A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023

Page 6 ends

1. The property is one of five lots categorized as CN by the CLUP and Title 21. The CN properties are located on 32nd Street between Balboa and Newport Boulevards.

However, the subject property is 3,466 square feet while the CN properties, including the subject property, total 189,562 square feet. As such, the property represents only

1.8 percent of the total lot area of CN properties as depicted on Figure 3 below. When added to the many dozens of properties designated CV (Visitor Serving Commercial), CC (Corridor Commercial), and MU (Mixed Use) along Newport Boulevard and in the Lido Village, Cannery Village and McFadden Square areas, the reduction of commercial land is less than significant. Additionally, the property does not provide public access or public parking. The property is developed with a nonresidential building that is legally nonconforming to current parking standards. Patrons of the project site often park in the adjacent shopping center parking lot due to proximity and lack of convenient on -site parking. The site provides two parking spaces where eight are required for the present commercial use. The proposed residential development would comply with the required parking and would eliminate the existing nonconformity. This would eliminate patrons from parking at the shopping center, opening up those spaces to better serve the shopping center. Additionally, the elimination of the commercial use will also serve to reduce the use of public on -street parking from its patrons thereby increasing parking supply and access opportunities within the neighborhood; � =rP,
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2. Although the project would replace a lower -cost, visitor -serving restaurant with a two -unit residence, there are numerous lower -priced restaurants that are located nearby the subject property. The adjacent shopping center at 3100 Newport Boulevard includes Gina's Pizza, Chihuahua Cerveza, and Chipotle Mexican Grill. 14-6

Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12:

A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023

Page 7 ends

Additionally, other nearby restaurants include Mama D's at 3012 Newport Boulevard, Sessions Sandwiches at 2823 Newport Boulevard, Avila's El Ranchito at 2800 Newport Boulevard, Laventina's Pizza at 2819 Newport Boulevard, Ho Sum Bistro at 3112 Newport Boulevard, Hook and Anchor at 3305 Newport Boulevard Suite A, Chicken Bun Bun at 3305 Newport Boulevard Suite E, Newport Fresh Sushi at 3305 Newport Boulevard Suite F, Crew Coffee at 3300 Newport Boulevard, and Malarky's Irish Pub at 3011 Newport Boulevard. These locations are all identified below in Figure 4. As shown, there are numerous uses and opportunities for visitor -serving uses in the vicinity. The proposed change in land use is not expected to impact the availability of food for residents or visitors or noticeably change the character of the Balboa Peninsula area as a mixed - use area with commercial and residential uses.
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Figure 4: Nearby lower -cost visitor -serving restaurants Map Legend
A
Gina's Pizza
B
Chihuahua Cerveza
C
Chipotle Mexican Grill
D
Mama D's
E
Session's Sandwiches
F
Laventina's Pizza
G
El Ranchito
H
Ho Sum Bistro
I
Hook and Anchor
J
Chicken Bun Bun
K
Newport Fresh Sushi
L
Crew Coffee
M
Pavilions Grocery Store
N
Malark 's Irish Pub
14-7

Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12:

A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023

Page 8 ends

3. When considering the project with previously certified LCPAs, the result is a net increase of land zoned for visitor -serving uses. The following are amendments which have resulted in the increase in commercial uses in the Coastal Zone:
a. LCP No. 50 - 1800 and 1806 West Balboa Boulevard (0.23 acres): Amendment to change the Two -Unit Residential (R-2) coastal zoning designation to Retail Service and Commercial (RSC). The property is currently developed with a visitor -serving hotel.
b. LC2012-001 — 475 32nd Street (4.17 acres): Amendment to change the Public Facilities (PF) coastal zoning designation to Visitor -Serving Commercial (CV-LV).

The property is currently developed with a large visitor -serving hotel (Lido House Hotel).

The following amendments have resulted in the loss of commercial uses and the increase in residential uses in the Coastal Zone:
a. LC2002-001 — 205 Orange Street (0.06 acres): Amendment to change the RSC coastal zoning designation to R-2. The property is currently developed with a residential duplex.
b. LC2003-001 — 129, 131, and 133 Agate Avenue (0.18 acres): Amendment to change the RSC designation to R-2. The properties are currently developed as residential.
c. LC2009-001 — 2000, 2006, 2008, 2012, 2016 East Balboa Boulevard (0.62 acres): Amendment to change the Parks and Recreation (PR) coastal zoning designation to Single -Unit Residential (R-1). The properties are currently developed as a private tennis club.
d. LC2013-001 — 3303 Via Lido (0.4 acres): Amendment to change the Private Institutions (PI) coastal zoning designation to Multiple Residential (RM). The property is now currently developed with residential condominiums (Lido Villas).

These previous LCPAs result in a conversion of 4.4 acres to visitor -serving commercial uses and a conversion of 1.26 acres to residential uses. There is not a cumulative effect of loss of visitor -serving commercial uses within the Coastal Zone.

Additionally, a complete consistency analysis of each of the applicable Coastal Land Use Plan policies is provided in the attached Draft Resolution (Attachment B). If authorized by the City Council, staff will submit the LCPA to the CCC for review. If the LCPA is approved by the CCC, the project will return to the City Council forformal adoption. For the subsequent implementation of the project, the applicant will be required to submit a separate application requesting a Coastal Development Permit (CDP) and Tentative Parcel Map (NP). This application would be reviewed by the City's Zoning Administrator.

Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12:

A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023

Page 9 ends

Planning Commission Review and Recommendation
The Planning Commission held a public hearing on January 5, 2023. The main topics discussed by the Planning Commission were the relocation of the crosswalk and applicable development fees for the project. No members of the public addressed the Planning Commission during the public hearing. Other than the previously mentioned letter from CCC staff, no other correspondence was received. At the conclusion of the public hearing, the Planning Commission adopted the resolution recommending the City Council approve the project. The Planning Commission staff report, meeting minutes, and resolution are attached for reference as Attachment Nos. D, E, and F.

FISCAL IMPACT:

The General Plan Implementation Program states that significant development projects and CPAs shall be evaluated for their net fiscal impacts on the City, and that the City shall determine the type, scale and mix of uses that shall be subject to fiscal review. Staff has reviewed the restaurant's sales tax information, business license fees, and utility bills and determined that, given the small size of the property and the single restaurant use, the change from commercial to residential, and the subsequent demolition and construction, will not result in a substantial fiscal impact. While the business would be removed, the new residential development would increase property taxes and incur development impact fees. These include an In -Lieu Park Dedication fee (currently $38,400 per unit) for the increase in two residential units.

ENVIRONMENTAL REVIEW:

This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

The Class 3 exemption includes the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The exemption includes the construction of a duplex or similar multi -family residential structures totaling no more than four dwelling units. The project involves the demolition of an existing restaurant and the construction of a two -unit residence.

The exceptions to this categorical exemption under Section 15300.2 are not applicable.

The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource.
14-9

Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12:

A General Plan Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) February 14, 2023

Page 10 ends

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A
— Resolution No. 2023-11 to Approve GPA
Attachment B
— Resolution No. 2023-12 to Approve Submittal of LCPA
Attachment C —
Ordinance No. 2023-3 to Approve CA
Attachment D —
Planning Commission Staff Report, Dated January 5, 2023 Attachment E —
Planning Commission Minutes Excerpts, Dated January 5, 2023 Attachment F —
Planning Commission Resolution No. PC2023-003
Attachment G
— Project Plans
Attachment H —
Correspondence
14-10

Attachment A
Resolution No. 2023-11 to Approve GPA
14-11

RESOLUTION NO. 2023- 11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, APPROVING A

GENERAL PLAN AMENDMENT TO CHANGE THE LAND

USE CATEGORY FROM NEIGHBORHOOD

COMMERCIAL (CN) TO TWO UNIT RESIDENTIAL (RT)
FOR THE PROPERTY LOCATED AT 3014 BALBOA
BOULEVARD (PA2020-060)
WHEREAS, - Section 200 of the City of Newport Beach ("City") Charter vests the City :Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, an application was filed by Gallo of Corona Del Mar, Inc. ("Applicant"), with respect to property located at 3014 Balboa Boulevard, and legally described in Exhibit "A," which is attached hereto and incorporated herein by reference ("Property");
WHEREAS, the Applicant proposes to replace an existing eating and drinking establishment and to construct a new residential structure with two condominiums totaling approximately 3,564 square feet, including a two -car garage and two -car carport ("Project"); WHEREAS, the following legislative approvals are required for the Project:
• General Plan Amendment ("GPA") — An amendment to the General Plan Land Use Element changing the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT);
• Code Amendment ("CA") — An amendment to Title 20 (Planning and Zoning) ("Title 20") of the Newport Beach Municipal Code ("NBMC") changing the zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and removing a front setback designation abutting the side property line on Setback Map S-213; and
14-12

Resolution No. 2023-

Page 2 of 4 ends

• Local Coastal Program Amendment ("LCPA") — An amendment to the Coastal Land Use Plan ("CLUP") changing the coastal land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT-E) (30.0 — 39.9 DU/AC), Title 21 (Local Coastal Program Implementation Plan) ("Title 21 ") of the NBMC changing the coastal zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2), and Setback Map S-213 to remove a front setback designation abutting the side property line;
WHEREAS, the Property is categorized Neighborhood Commercial (CN) by the General Plan Land Use Element and located within the Neighborhood Commercial (CN) Zoning District;
WHEREAS, the Property is located within the coastal zone with a CLUP category of Neighborhood Commercial (CN) - (0.0 to 0.30 FAR) and Coastal Zone District designation of Commercial Neighborhood (CN);
WHEREAS, the Planning Commission held a public hearing on January 5, 2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the conclusion of the hearing, the Planning Commission adopted Resolution No. PC2023-003 by a unanimous vote (5 ayes) recommending approval of the Project to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on February 14, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was provided in accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence both written and oral, was presented to, and considered by, the City Council at this public hearing.

NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
14-13

Resolution No. 2023-

Page 3 of 4 ends

Section 1: The ,City Council hereby approves the General Plan Amendment changing the land use category for the Property from Neighborhood Commercial (CN) to Two Unit Residential (RT) as depicted in Exhibit "B" and supported by the findings set forth in Exhibit "C" which are attached hereto and incorporated herein by reference subject to approval of Local Coastal Program Amendment No. LC2020-005 by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach.

Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 4: The City Council finds the Project is categorically exempt under the California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). Section 15302 applies to a duplex or similar multi -family residential structure totaling no more than four dwelling units. In this case, the Project, which consists of demolition of a restaurant and construction of a new residential structure with two condominiums totaling approximately 3,564 square feet, meets the criteria in Section 15303. Additionally, the exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 14-14

Resolution No. 2023-

Page 4 of 4 ends

Section 5: This resolution shall take effect upon approval of Local Coastal Program Amendment No. LC2020-005 by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. The City Clerk shall certify the vote adopting this resolution.

ADOPTED this 14th day of February, 2023.

Noah Blom
Mayor
ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
"P „' ` ( ff
a n C. Harp
City Attorney
Attachment(s): Exhibit A — Legal Description
Exhibit B — General Plan Map Amendment
Exhibit C — Findings in Support of GPA for Project PA2020-060 14-15

EXHIBIT "A"
Legal Description
THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN THE

CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 40 FEET BEING PARALLEL TO AND 50 FEET FROM THE SOUTHEASTERLY LINE OF LOT 1 IN BLOCK 130 OF LAKE TRACT, AS PER MAP RECORDED IN BOOK 4, PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
14-16

Exhibit "B"
General Plan Map Amendment
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3014 Balboa Blvd
PA2020-060 - -
14-17

Exhibit "C"
.Findings in Support of GPA for Project PA2020-060
A. General Plan Consistency. An amendment to the 2006 Newport Beach -General Plan Land Use Element is a legislative act. Neither :Title 20 .(Planning : and Zoning) .nor:

California Government Code Section 65000 et seq., -set forth any required findings for either. approval- or denial . of such amendments. Notwithstanding the, foregoing -, the GPA is consistent with the following City of Newport Beach. General Plan. Land -Use policies, .applicable to the Project: .

1... Land Use Element Policy LU 2.1(Resident-Serving Land Uses). Accommodate. uses.that support the heeds: Newport Beach's residents including housing; retail, services, employment, recreation, . education, culture, . entertainment, civic engagement,- and social and. spiritual activity that. are in balance with community. natural resources and open spaces; and

2. Land Use*.Element Policy. LU- 2.3 (Range of Residential Choices).: Provide opportunities for the: development of residential units that respond to community and regional needs in terms of density, size, location, and -cost. Implement goals, policies, programs, and .objectives identified within. the City's :Housing Element:
. . . . The Project would provide two additional 'housing units on a. lot. -that is- abutting three residential lots to the south and is :located . nearby the public :beach and harbor.

3. Land Use Element Policy LU.5:1. (Compatible but Diverse. Development): - Establish -property development regulations .for residential. projects :to create - compatible -and high -quality development that _ contributes. to. neighborhood character.

The Property. is. proposed to.be'designated.R-2 (Two -Unit. Residential) byTitle _20..

The Project, as proposed;. -meets -.all development standards including floor area, setbacks, building height; parking, and -other design features required for. R-2 (Two -Unite Residential). properties. The development standards. ensure compatibility with the adjacent.- residentialdevelopment. in- the surrounding. .-neighborhood.
14-18

4. Land :Use Element -.:Policy LU 5.1:6 (Character and Quality of Residential .Properties): -Require. that residential front setbacks and other areas. visible. from the.. public. -street . be- attractively landscaped,. trash .containers- enclosed,.. and driveway -and parking paving- minimized.

The. Project complies with the .required, five-foot ,front setback,. three-foot. side setbacks, .and 10-foot rear:setback; which is consistent -with the: required setbacks of the three residential properties to the. south..In addition, the Project will provide:
a larger four -foot side setback.abutting The Landing. shopping center. The.Project will'be- landscaped to include palm -trees as well as .a variety of shrubs.and vines.

Finally; screened trash :areas-are.proposed in- the. side yards:of.each condominium unit.:

B. Tribal Consultation. Finding.

Pursuant to California Government Code Section 65352.3 (SB.18), a local .government is, required to contact the appropriate tribes - identified by the Native American Heritage Commission ("NAHC") each time it considers a proposal to adopt or amend the General Plan. If . requested . by any .tribe;: the local government must consult for the: purpose. of. preserving.or:mitigating impacts to cultural resources.

Fact in Support of Tribal Consultation Finding:

The City received comments from the NAHC indicating that ninearibaf contacts should be provided notice regarding the proposed GPA. The tribal contacts were provided -notice on -January 1.9, 2021. California Government Code Section 65352.3- requires notification 9.0 days prior to Council. action to allow tribalcontacts to, respond to the request to, consult. ..The 90-day period to respond expired on. April 1.8, 2021.. On March 3, 2021',. the City participated in a. consultation with the Gabrieleno Band of Mission- Indians -Kizh Nation:

C: Consistency with Charter Section 423.

Charter Section 423 requires. voter approval of any major amendment to the General Plan. A. major .Gene.ral Plan .amendment is one _ that .significantly increases allowed. density or intensity. by 40,000. square feet of nonresidential. floor area, increases traffic by- more-than-1 GO peak hourvehicle'trips (AM/PM), orincreases residential dwelling units.by, 100 units. These'thresholds apply -to the total of increases -resulting from the amendment itself, plus-,80 percent of the increases -.resulting from..other amendments affecting, the.

same .neighborhood .(defined as:a Statistical Area as shown in :the .Genera[ Plan Land Use Element) and adopted within the preceding ten years.

Council Policy A-18. (Guidelines: for Implementing Charter. Section. 423) requires.. that proposed- amendments to the General Plan be reviewed to determine if a vote of the Newport -Beach electorate would be. required. This policy includes. a- provision -that all General Plan amendments be tracked as "Prior Amend. ments"-for .10 years todetermine if minor amendments : in a single Statistical Area cumulatively exceed- the .thresholds indicated. -above. -
Fact in Support Findina of Consistencv with Charter Section 423:

The proposed GPA ' is in -Statistical Area B5. This is .the eighth amendment within - Statistical -.Area B5 .since the General -Plan update in 2006.- Four.of.-the seven prior, amendments were._ approved less than: 10 years ago and -continue- to be tracked consistently with the provisions of Section 423. Those are General Plan Amendment Not. - GP2012-005,. .GP20127002, GP2016-001, -and- GP2020-004. The following -table. shows the increases -attributable to the subject -amendment, prior amendments, and the -resulting totals thereby demonstrating that no vote.would be'requ'ired since the Projectwouldnot meet any of the aforementioned thresholds.

Charter Section 423; Measure -S Analysis?for Statistical Area 9-5- Amendments :

Increased
-Density ..

Increased
Intensity ..
:Pea k Hour .Trip. -In crease
AM .

PM
GP2012-005: (PA2012=146)
7 0
0 0.

GP2012-002 (PA2012-031:)

0. 23,725.
0 0
GP2016-001- (PA20.16-061)
0 .
4;745. `
0 0
GP2020-004- (PA2020--068)
.0.
15J 03

2.8 -

3.05--
Total Prior Increases
7:
43,573
:2.8

3.05 80% of Prior Increases

5.6 .:-
34,858.40-

2.24 2.44.
100% 'of -.Proposed GPA.
(PA2020-060) -
, 2 --
0 0

0..... .

Total :

7.6 34,858.4

2.24. 2.44.

Threshold --
100 -
40,000
-1.00 -.
100 .

Remaining .

92.4 .
5,141.6

97.7.E

97.56 -Vote Required?
No
No
No:

No -

Attachment B
Resolution No. 2023-12 to Approve Submittal of LCPA
14-21

RESOLUTION NO. 2023- 12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING

SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2020-005 TO THE CALIFORNIA

COASTAL COMMISSION AMENDING THE COASTAL
LAND USE PLAN AND TITLE 21 OF THE NEWPORT

BEACH MUNICIPAL CODE LAND USE AND ZONING

DESIGNATION FROM COMMERCIAL NEIGHBORHOOD
(CN) TO TWO UNIT RESIDENTIAL (RT-E) AND
SETBACK MAP S-213 TO REMOVE A FRONT SETBACK
FOR THE PROPERTY LOCATED AT 3014 BALBOA
BOULEVARD (PA2020-060)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, as set forth in Section 30500 of the California Public Resources Code, the California Coastal Act requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("CLUP"), as amended from time to time; WHEREAS, the California Coastal Commission effectively certified the City's Local Coastal Program Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -issuing authority as of January 30, 2017;
WHEREAS, an application was filed by Gallo of Corona Del Mar, Inc. ("Applicant"), with respect to property located at 3014 Balboa Boulevard, and legally described in Exhibit 'A," which is attached hereto and incorporated herein by reference ("Property");
14-22

Resolution No. 2023-

Page 2 of 5 ends

WHEREAS, the Applicant proposes to replace an existing eating and drinking establishment and to construct a new residential structure with two condominiums totaling approximately 3,564 square feet, including a two -car garage and two -car carport ("Project"); WHEREAS, the following legislative approvals are required for the Project:
• General Plan Amendment ("GPA") — An amendment to the General Plan Land Use Element changing the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT);
• Code Amendment ("CA") — An amendment to Title 20 (Planning and Zoning) ("Title 20") of the NBMC changing the zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and removing a front setback designation abutting the side property line on Setback Map S-2B; • Local Coastal Program Amendment ("LCPA") — An amendment to the CLUP changing the coastal land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT-E)-(30.0 — 39.9 DU/AC), Title 21 of the NBMC changing the coastal zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2), and Setback Map S-2B to remove a front setback designation abutting the side property line;
WHEREAS, the Property is categorized Neighborhood Commercial (CN) by the General Plan Land Use Element and located within the Neighborhood Commercial (CN) Zoning District;
WHEREAS, the Property is located within the coastal zone with a CLUP category of Neighborhood Commercial (CN) - (0.0 to 0.30 FAR) and Coastal Zone District designation of Commercial Neighborhood (CN);
WHEREAS, the Planning Commission held a public hearing on January 5, 2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with 1 California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; 14-23

Resolution No. 2023-

Page 3 of 5 ends

WHEREAS, at the conclusion of the hearing, the Planning Commission adopted Resolution No. PC2023-003 by a unanimous vote (5 ayes) recommending approval of the Project to the City Council;
WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8 ("Section 13515"), drafts of the LCP Amendments were made available and a Notice of Availability was distributed on November 17, 2022, at least six weeks prior to the anticipated final action date; and
WHEREAS, the City Council held a duly noticed public hearing on February 14, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was provided in accordance with the Ralph M. Brown Act, Section 13515 and Chapter 21.62 (Public Hearings) of the NBMC. Evidence both written and oral, was presented to, and considered by, the City Council at this public hearing.

NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:

Section 1: The City Council does hereby authorize City staff to submit Local Coastal Program Amendment No. LC2020-005 to the California Coastal Commission to amend the Property's Coastal Land Use Plan designation from Commercial Neighborhood (CN) to Two Unit Residential (RT-E) (30.0 — 39.9 DU/AC), coastal zoning district designation from Commercial Neighborhood (CN) to Two -Unit Residential (R-2), and Setback Map S-2B to remove the front setback as depicted in Exhibits "B," "C," and "D," respectively, and supported by the findings set forth in Exhibit "E," which are attached hereto and incorporated herein by reference.

Section 2: Local Coastal Program Amendment No. LC2020-005 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach.

Section 3: The LCP, including LCP Amendment No. LC2020-005, will be carried out fully in conformity with the California Coastal Act.

Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 14-24

Resolution No. 2023-

Page 4 of 5 ends

Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 6: The City Council finds the Project is categorically exempt under the California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). Section 15302 applies to a duplex or similar multi -family residential structure totaling no more than four dwelling units. In this case, the Project, which consists of demolition of a restaurant and construction of a new residential structure with two condominiums totaling approximately 3,564 square feet, meets the criteria in Section 15303. Additionally, the exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 14-25

Resolution No. 2023-

Page 5 of 5 ends

Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 14th day of February, 2023.

Noah Blom
Mayor
ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:

CITY TTORNEY'S OFFICE
av . �!-
ar n C. Harp
City Attorney
Attachment(s): Exhibit A — Legal Description
Exhibit B
— Coastal Land Use Plan Map Amendment
Exhibit C
— Coastal Zoning District Map Amendment
Exhibit D
— Setback Map S-213 Amendment
Exhibit E
— Findings in Support of LCP Amendment No. LC2020-
005
14-26

EXHIBIT "A"
Legal Description
THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN THE

CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 40 FEET BEING PARALLEL TO AND 50 FEET FROM THE SOUTHEASTERLY LINE OF LOT 1 IN BLOCK 130 OF LAKE TRACT, AS PER MAP RECORDED IN BOOK4, PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
14-27

Exhibit "B"
Coastal Land Use Plan Map Amendment
z
m
0 O
O
PFa
0 Local Coastal Program Amendment _Y
No. LC2020-005 (Coastal Land Use Plan;
3014 Balboa Blvd
PA2020-060
14-28

Exhibit "C"
Coastal Zoning District Map Amendment
PF
R sOL
Local Coastal Program Amendment NE
No. LC2020-005 Implementation Plan)
3014 Balboa Blvd « �"
PA2020-060
14-29

to
7 Exhibit "D"
Setback Map S-213 Amendment
61 A J�
z
m
Local Coastal Program Amendment
No. LC2020-005 (Implementation Plan) !,
3014 Balboa Blvd w w
PA2020-060
14-30

Exhibit "E"
Findings in Support of LCP Amendment No. LC2020-005
A. Local Coastal Program Amendment No. LC2020-005 is consistent with applicable land use policies of the CLUP as provided below:

1. Coastal Land Use Element Policy 2.2.5-1: Legal nonconforming structures shall be brought into conformity in an equitable, reasonable, and timely manner as rebuilding occurs. Limited renovations that improve the physical quality and character of the buildings maybe allowed. Rebuilding after catastrophic damage or destruction due to a natural event, an act of public enemy, or accident may be allowed in limited circumstances that do not conflict with other policies and of the Coastal Land Use Plan.

The existing building was constructed in 1902 and is considered a legal, nonconforming development due to insufficient parking and the lack of an accessibility ramp. The Property, which is 3,466 square feet in area, is relatively small and unable to accommodate a reasonably sized commercial building with the required parking to support it. As a CN-zoned property, the maximum floor area ratio (FAR) is 0.30, which allows for a 1,040-square-foot commercial building. A commercial use, such as a visitor -serving retail store, in a building of this size would typically require five parking spaces (one space required per 250 square feet of gross floor area). A new commercial building, along with the required parking and compliance with accessibility requirements would not be suitable on the property due to size restraints. A two -unit residential condominium that complies with all applicable development standards, including parking, is an appropriate replacement for the existing nonconforming restaurant.

2. Coastal Land Use Element Policy 2.3.1-5: Protect special communities and neighborhoods which, because of their unique characteristics, are popular visitor destination points for recreational uses.

The Project does not change the unique characteristics of the Balboa Peninsula, nor does it deter visitors to the nearby beach. The project alleviates the nonconforming parking of the existing restaurant, which causes public parking to be occupied by patrons of the restaurant. Since the condominiums provide required parking, the supply of street parking will be better utilized for visitors to the beach. 14-31

3. Coastal Land Use Element Policy 2.3.1-6: Where feasible, reserve upland areas necessary to support coastal recreational uses for such uses;

4. Coastal Land Use Element Policy 2.4.1-2: When appropriate, accommodate coastal -related developments within reasonable proximity to the coastal -dependent uses they support,

5. Coastal Land Use Element Policy 2.4.1-3: Discourage re -use of properties that result in the reduction of coastal -dependent commercial uses. Allow the re -use of properties that assure coastal -dependent uses remain, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project, and

6. Coastal Land Use Element Policy 2.4.1-4: Design and site new development to avoid impacts to existing coastal -dependent and coastal -related developments.

When reviewing proposals for land use changes, give full consideration to the impact on coastal -dependent and coastal -related land uses including not only the proposed change on the subject property, but also the potential to limit existing coastal - dependent and coastal -related land uses on adjacent properties.

The Property is located approximately 450 feet from the beach. Although it is within the general vicinity of the beach, it is not an ideal location for coastal recreational uses (examples include passenger/sightseeing boats, boat rentals and sales, boat/ship repair and maintenance, etc.). The Property is abutting three residential properties to the south and is similar in size and shape to the residential lots. The Project does not result in the reduction of coastal -dependent commercial uses since the existing use is a restaurant.

7. Coastal Land Use Element Policy 2.3.1-7. Give priority to visitor -serving and recreational uses in the mixed -use areas of the Balboa Peninsula, and Balboa Island.

There are numerous visitor -serving uses on the Balboa Peninsula. The Property is relatively small and is more suitable for the proposed residential development.

Additionally, although the existing use is not for recreational use, there are many recreational uses in other areas of Balboa Peninsula, including recreational equipment rental stores at 2001 West Balboa Boulevard, 601 East Balboa Boulevard, 2233 West Balboa Boulevard, 2000 West Balboa Boulevard, etc. Visitor - serving and recreational uses are a continuing priority in the surrounding area. 14-32

8. Coastal Land Use Element Policy 2.7-1: Continue to maintain appropriate setbacks and density, floor area, and height limits for residential development to protect the character of established neighborhoods and to protect coastal access and coastal resources.

The Project includes two residential condominiums, which is consistent with the allowed density on the adjacent residential lots located to the south. The Project also complies with development standards typical for a two -unit residential development, including setbacks, floor area, and height limits.

9. Coastal Land Use Element Policy 2.9.3-1: Site and design new development to avoid use of parking configurations or parking management programs that are difficult to maintain and enforce.

The Project includes a compliant garage and carport configuration for each unit. This parking configuration is typical for two -unit residential developments throughout the City. The parking is directly accessed by a curb cut from Balboa -Boulevard.

10. Coastal Land Use Element Policy 2.9.3-2: Continue to require new development to provide off-street parking sufficient to serve the approved use in order to minimize impacts to public on -street and off-street parking available for coastal access,

11. Coastal Land Use Element Policy 2.9.3-3: Require that all proposed development maintain and enhance public access to the coast by providing adequate parking pursuant to the off-street parking regulations of the Zoning Code in effect as of October 13, 2005; and

12. Coastal Land Use Element Policy 2.9.3-5: Continue to require off-street parking in new development to have adequate dimensions, clearances, and access to insure their use.

Title 21 of the NBMC requires two parking spaces per residential unit (one in a garage and one covered or in a garage). The Project provides one space in a garage and one covered parking space for a total of two spaces per unit. The parking spaces are accessible from Newport Boulevard and are dimensioned to comply with Title 20's minimum parking standards.
14-33

B. The following facts support the amendment to the coastal land use and coastal zoning district from Commercial Neighborhood (CN) to Two Unit Residential (RT-E) and Two - United Residential (R-2) respectively:

1. The Property was previously zoned for residential use. Prior to the current restaurant development, the Property was developed with an approximately 750-square-foot single-family residence that was constructed in 1902. On November 10, 1986, the City Council approved General Plan Amendment 86-2 (C), Local Coastal Program Amendment No. 10, and Cannery Village Specific Area Plan Amendment No. 639, which changed the land use and zoning designations of the Property from "Two - Family Residential" to "Retail and Service Commercial." Subsequently, the former residence was improved and converted to the existing commercial use.

2. The Project, which consists of two residential condominiums, is compatible with the surrounding neighborhood. The Property is located adjacent to residential properties which are prevalent on Balboa Peninsula. The three properties to the east, which are located within the same block as the Property, are zoned Two -Unit Residential (R-2). Additionally, Two -Unit Residential (R-2) properties are located on the eastern side of Balboa Boulevard between 30th Street and 28th Street, as well as on the western side of Balboa Boulevard from 54th Street to 27th Street.

3. Although the Project would replace a lower -cost visitor -serving restaurant with two residential condominiums, there are numerous lower -cost restaurants located nearby. For example, the adjacent shopping center at 3100 Newport Boulevard includes Gina's Pizza, Chihuahua Cerveza, and Chipotle Mexican Grill. Additionally, nearby restaurants include Mama D's at 3012 Newport Boulevard, Sessions Sandwiches at 2823 Newport Boulevard, Avila's El Ranchito at 2800 Newport Boulevard, Laventina's Pizza at 2819 Newport Boulevard, Ho Sum Bistro at 3112 Newport Boulevard, Hook and Anchor at 3305 Newport Boulevard Suite A, Chicken Bun Bun at 3305 Newport Boulevard Suite E, Newport Fresh Sushi at 3305 Newport Boulevard Suite F, Crew Coffee at 3300 Newport Boulevard, Pavilion's Grocery Store at 3100 Balboa Boulevard, and Malarky's Irish Pub at 3011 Newport Boulevard. The Project's replacement of the existing restaurant will not change the character of Balboa Peninsula as a mixed -use area with commercial and residential uses.

4. The Property is one of five lots categorized as Commercial Neighborhood (CN) by Title 21 located on 32"d Street between Balboa and Newport Boulevards.

Collectively, these Commercial Neighborhood (CN) properties total 189,562 square feet. The Property is 3,466 square feet and represents 1.8 percent of the total lot area 14-34

of these Commercial Neighborhood (CN) properties. Additionally, Commercial Neighborhood (CN) properties are located on the corner of Bayside Drive and Jamboree Road and on the corner of West Coast Highway and Balboa Boulevard.

5. When considering the Project with previously certified LCPA's, the result is an increase of land zoned for visitor serving uses. The following are amendments which have resulted in the increase in commercial uses in the Coastal Zone:
a. LCP No. 50 - 1800 and 1806 West Balboa Boulevard (0.23 acres): Amendment to change the Two -Unit Residential (R-2) coastal zoning designation to Retail Service and Commercial (RSC). The property is currently developed with a visitor -serving hotel.
b. LC2012-001 — 475 32nd Street (4.17 acres): Amendment to change the Public Facilities (PF) coastal zoning designation to Visitor -Serving Commercial (CV-LV).

The property is currently developed with a large visitor serving hotel (Lido House Hotel).

The following amendments have resulted in the loss of commercial uses and the increase in residential uses in the Coastal Zone:
a. LC2002-001— 205 Orange Street (0.06 acres): Amendment to change the RSC coastal zoning designation to R-2. The property is currently developed with a residential duplex.
b. LC2003-001 — 129, 131, and 133 Agate Avenue (0.18 acres): Amendment to change the RSC designation to R-2. The properties are currently developed as residential.
c. LC2009-001 — 2000, 2006, 2008, 2012, 2016 East Balboa Boulevard (0.62 acres): Amendment to change the Parks and Recreation (PR) coastal zoning designation to Single -Unit Residential (R-1). The properties are currently developed as a private tennis club.
d. LC2013-001 — 3303 Via Lido (0.4 acres): Amendment to change the Private Institutions (PI) coastal zoning designation to Multiple Residential (RM). The property is now currently developed with residential condominiums (Lido Villas).

C. The amendment to Setback Map S-21B of Title 21 removes a front setback along the side property line, as shown in Exhibit "D," which would result in a three-foot side setback that is typical for residential development in the surrounding residential lots.

This would allow for fences, walls, or other accessory structures to a maximum height of six feet in the side setback area, where the maximum height of accessory structures in a front setback is 42 inches.
14-36

Attachment C
Ordinance No. 2023-3 to Approve CA
14-37

ORDINANCE NO. 2023- 3

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, APPROVING AN
AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH

MUNICIPAL CODE TO CHANGE THE ZONING DISTRICT

FROM COMMERCIAL NEIGHBORHOOD (CN) TO TWO -
UNIT RESIDENTIAL (R-2) AND AMEND SETBACK MAP
S-213 TO REMOVE A FRONT SETBACK FOR THE
PROPERTY LOCATED AT 3014 BALBOA BOULEVARD
(PA2020-060)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, an application was filed by Gallo of Corona Del Mar, Inc. ("Applicant"), with respect to property located at 3014 Balboa Boulevard, and legally described in Exhibit "A," which is attached hereto and incorporated herein by reference ("Property");
WHEREAS, the Applicant proposes to- replace an existing eating and drinking establishment and to construct a new residential structure with two condominiums totaling approximately 3,564 square feet, including a two -car garage and two -car carport ("Project");
WHEREAS, the following legislative approvals are required for the Project:
• General Plan Amendment ("GPA") — An amendment to the General Plan Land Use Element changing the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT);
• Code Amendment ("CA") — An amendment to Title 20 (Planning and Zoning) ("Title 20") of the Newport Beach Municipal Code ("NBMC") to change the zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R- 2) and removing a front setback designation abutting the side property line on Setback Map S-213; and
14-38

Ordinance No. 2023-

Page 2 of 4 ends

• Local Coastal Program Amendment ("LCPA") — An amendment to the Coastal Land Use Plan ("CLUP") changing the coastal land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT-E) (30.0 — 39.9 DU/AC), Title 21 (Local Coastal Program Implementation Plan) ("Title 21") of the NBMC changing the coastal zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2), and Setback Map S-213 to remove a front setback designation abutting the side property line;
WHEREAS, the Property is categorized Neighborhood Commercial (CN) by the General Plan Land Use Element and located within the Neighborhood Commercial (CN) Zoning District;
WHEREAS, the Property is located within the coastal zone with a CLUP category of Neighborhood Commercial (CN) - (0.0 to 0.30 FAR) and Coastal Zone District designation of Commercial Neighborhood (CN);
WHEREAS, the Planning Commission held a public hearing on January 5, 2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the conclusion of the hearing, the Planning Commission adopted Resolution No. PC2023-003 by a unanimous vote (5 ayes) recommending approval of the Project to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on February 14, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was provided in accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence both written and oral, was presented to, and considered by, the City Council at this public hearing.

NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
14-39

Ordinance No. 2023-

Page 3 of 4 ends

Section 1: The City Council hereby approves the code amendment to Title 20 changing the zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and removing a front setback designation abutting the side property line on Setback Map S-213 as depicted in Exhibits "B" and "C," respectively, and supported by the findings set forth in Exhibit "C" which are attached hereto and incorporated herein by reference subject to approval of Local Coastal Program Amendment No. LC2020-005 by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach.

Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance.

Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 5: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 14-40

Ordinance No. 2023-

Page 4 of 4 ends

Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective upon approval of Local Coastal Program Amendment No. LC2020-005 by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach.

This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of February, 2023, and adopted on the 28th day of February, 2023, by the following vote, to -wit.

AYES:

NAYS:

ABSENT:

NOAH BLOM, MAYOR
ATTEST:

LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:

CITY TTORNEY'S OFFICE
ON C. HARP, CITY ATTORNEY
Attachment(s): Exhibit A — Legal Description
Exhibit B — Code Amendment Map
Exhibit C — Amended Setback Map S-213
Exhibit D — Findings in Support of CA for PA2020-060
14-41

EXHIBIT "A"
Legal Description
THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN THE

Exhibit "B"
Code Amendment Map
M
y ,
PF
s
� a G i1 .•1 ,
s {
" Zoning Code Amendment No. CA2020-006 NB
' 3014 Balboa Blvd
Clf Vwpu.i MaLL
GIN E)I,W .

PA2020-060 �•--• =e•_�__
M1L:11LL :A 4r- nr. r..c
14-43

Exhibit "C"
Amended Setback Map S-213
V
01 IP
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z
m
00 C
Zoning Code Amendment No. CA2020-006 , NE
3014 Balboa Blvd
PA2020-060 ciso.0
14-44

Exhibit i'D7f
Findings in Support.of CA for PA2020-060
Neither Title 20 nor State.- Planning Law set for any required findings for either - approval or. -denial of such _amendments. Notwithstanding the -foregoing, the Code Amendment is, consistent with the corresponding General Plan Amendment and Local Coastal Program Amendment.

1.. The .Property was previously zoned for' residential use. Prior to. the current restaurant development, the property was developed with an approximately 750 square -foot single-family residence that was constructed in 1902. -On November. 10, 1.986, the City Council: approved General Plan Amendment 86-2 .(C), Local Coastal Program Amendment No. 10, and Cannery Village Specific- Area Plan.

Amendment No. 639, which changed the. land use and zoning designations of the. property from "Two -Family Residential" to "Retail and- Service Commercial." Subsequent to the change of land. use,.the former residence:was improved and converted for commercial .use.

2. The proposed R-2 District is compatible with the surrounding neighborhood, as the Property is located adjacent to residential properties which are prevalent on the Balboa Peninsula.. The three properties to -the south, which are located -within the. same block as the Property, are zoned as .R-2. Additional R-2 properties on the eastern side of Balboa Boulevard: are located between. 30th Street: and 28th .

Street, as .well as on the western side- of Balboa Boulevard from 54th Street to 27th Street.
94-45

Attachment D
Planning Commission Staff Report, Dated January 5, 2023 Available separately due to bulk at:
https://ecros.newportbeachca.gov/WEB/DocView.aspx?id=2848852&dbid=0&repo=CNB 14-46

Attachment E
Planning Commission Minutes Excerpts, Dated January 5, 2023 14-4 7

Planning Commission Regular Meeting Agenda
January 5, 2023
Chair Ellmore expressed concern for parking availability during peak hours and recommended a condition of approval for valet parking on Saturday and Sunday until 8 p.m. effective immediately and no extension of operating hours Sunday through Thursday.

Chair Ellmore re -opened the public hearing.

Chris Burt, of Cox, Castle & Nicholson and land use counsel for the project owner, noted a reduced parking volume after 5 p.m. Chair Ellmore expressed his continued concern for parking availability based on the restaurant's past success. Mr. Burt requested the operating hours be permitted until 11 p.m. on Thursday, Friday, and Saturday to allow patrons to finish dining.

Lauren Crammer supported the project, no valet parking requirements, and an 11 p.m. closing hour.

Chair Ellmore closed the public hearing.

Vice Chair Rosene thought that 19 stalls are a lot of spaces and noted historic parking availability. In response to his question, Deputy Community Development Director Campbell indicated that flexibility for valet parking implementation is included in the conditions of approval, suggested a future parking need, and noted the option by the Community Development Director to eliminate or expand the valet parking requirement. City Traffic Engineer Sommers explained the parking management plan process and pick-up location in the alley.

Commissioner Harris thought that parking will self -regulate itself and expressed his comfort with staff having the flexibility to implement valet parking as needed. In response to his question, Deputy Community Development Director Campbell provided an update on the City-wide parking rates study, stated staff will bring forward some additional reforms in the next couple of months, noted alternative forms of transportation, and indicated the option of removing the valet parking if it is not needed once the building is full.

Secretary Klaustermeier supported the item as drafted.

In response to Chair Ellmore's question, Deputy Community Development Director Campbell was not aware of operating hours of other sushi restaurants in Corona del Mar and noted that staff will not be aware of tenant occupancy without a building permit and certificate of occupancy and is reliant on the applicant to inform the City.

Motion made by Vice Chair Rosene and seconded by Commissioner Harris to approve the item as recommended with the addition of extended operating hours to 11 p.m. on Thursday, Friday, and Saturday.

A friendly amendment was made by Commissioner Harris and supported by Vice Chair Rosene to allow for operating hours until 11 p.m. every day.

AYES:

Harris, Klaustermeier, Lowrey, and Rosene
NOES:

Ellmore
ABSTAIN:

None
ABSENT:

None
ITEM NO. 5
HANNA RESIDENCES (PA2020-060)
Site Location: 3014 Balboa Boulevard
Summary:

The applicant proposes to demolish the existing restaurant building and construct two residential condominiums totaling approximately 3,564 square feet. The proposed residential development will comply with all zoning requirements for the proposed R-2 zone and no deviations are requested. The following approvals are required to implement the project:
• General Plan Amendment — An amendment to the General Plan to change the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT).

Page 5 of 9 ends

14-48

Planning Commission Regular Meeting Agenda
January 5, 2023
• Code Amendment — An amendment to Title 20 (Planning and Zoning) to change the zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and to remove a front setback designation along the side from Setback Map S-213.
• Local Coastal Program Amendment — An amendment to the Coastal Land Use Plan to change the coastal land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT-E) (30.0 — 39.9 DU/AC), and an amendment to Title 21 (Local Coastal Program Implementation Plan) to change the coastal zoning district from CN to Two -Unit Residential (R-2). Additionally, the amendment would remove a front setback designation along the side property line from Setback Map S-213. • Tentative Parcel Map — A tentative parcel map for two -unit condominium purposes to allow the units to be sold individually.
• Coastal Development Permit — A coastal development permit for the demolition of the existing restaurant and construction of the new residential condominiums.

Recommended Action:

1. Conduct a public hearing;

2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment and that the exceptions to the Class 3 exemption do not apply; and

3. Adopt Resolution No. PC2023-003 recommending City Council approval of the General Plan Amendment, Local Coastal Program Amendment, Code Amendment, Tentative Parcel Map, and Coastal Development Permit (PA2020-060).

Associate Planner Lee used a presentation to review a vicinity map for the subject property, property background, project request, Land Use Compatibility, project renderings, R-2 Development Standards, California Coastal Commission (CCC) staff concerns, commercial neighborhood properties, surrounding commercial, surrounding visitor -serving restaurants, and the cumulative effects of past Local Coastal Program Amendments (LCPAs). It was noted that City staff do not share the same concerns as CCC. The presentation further included the setback map amendments, findings, and recommended action.

Commissioners reported no ex parte communications.

Chair Ellmore opened the public hearing.

The applicant representative thanked staff for their effort, thought it made sense to return the property to residential zoning, believed this change would improve the area and help reduce the residential deficit, and agreed to the conditions of approval.

Chair Ellmore closed the public hearing.

In response to Vice Chair Rosene's question, Deputy Community Development Director Campbell noted the possibility of a Fair Share Fee that would get negated by a credit for the existing commercial, but school fees would be required, and plan checking fees. City Traffic Engineer Sommers clarified that the applicant is responsible for the crosswalk alignment improvement.

Motion made by Secretary Klaustermeier and seconded by Commissioner Harris to approve the item as recommended.

AYES: Ellmore, Harris, Klaustermeier, Lowrey, and Rosene NOES: None
ABSTAIN: None
ABSENT: None

Page 6 of 9 ends

14-49

Attachment F
Planning Commission Resolution No. PC2023-003
Available separately due to bulk at:
https://ecros.newportbeachca.gov/WEB/DocView.aspx?id=2854933&dbid=0&repo=CNB 14-50

Attachment G
Project Plans
14-51

(9,50TC)
(9,54TC)
4D
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E-1
/I
\ML �
��V J
0V
NOTE: CITY STANDARD SIDEWALLK SHALL BE INSTALLED BETWEEN BACK OF

CURB AND PROPERTY LINE
NOTE: HEIGHT CERTIFICATION REQUIRED

LANDSCAPE CERTIFICATION REQUIRED
NOTE: AN AUTOMATIC SPRINKLER SYSTEM SHALL BE PROVIDED IN ACCORDANCE WITH THE CALIFORNIA FIRE CODE CFC SECTION 903.3 THROUGHOUT ALL

BUILDINGS WITH A GROUP R FIRE AREA
NOTE: POSITIVE 2% SLOPE AWAY FROM BUILDING REQUIRED
SEE DRAINAGE PLAN D1
NOTE: SEPARATE UTILITIES & FIRE RISERS ARE REQUIRED FOR CONDOMINIUMS NOTE: SETBACKS ARE MEASURED FROM PROPERTY LINE TO FACE

OF FINISHED SURFACE, UNLESS OTHERWISE SPECIFIED
NOTE: POOLS, SPAS, WALLS, FENCES, PATIO COVERS AND OTHER

FREESTANDING STRUCTURES, REQUIRE SEPARATE REVIEWS AND PERMITS NOTE: FENCES, HEDGES, WALLS, RETAINING WALLS, GUARDRAILS AND HANDRAILS OR ANY COMBINATION THEREOF SHALL NOT EXCEEED 42" FROM EXISTING

GRADE PRIOR TO CONSTRUCTION WITHIN THE REQUIRED FRONT SETBACK AREAS

PROJECT INFORMATION

PROPOSED RESIDENCIAL CONDOMINIUMS
A.P.N. 047-071-02
PROPOSED BUILDING ZONE: R-2
BUILDING TYPE: V-B
OCCUPANCY TYPE: R-3 / U
SITE USAGE:

LOT AREA 3,405.00 SF
LOT WIDTH 40.03 FEET
BUILDABLE AREA (B.A.) 2,242.85 SF
MAXIMUM BUILDABLE AREA: B.A. x 2: 4,485.70 SF
PROPOSED BUILDING FOOTPRINT 1,437.58 SF
PROPOSED LIVING AREA UNIT "All 1,270.94 SF
PROPOSED LIVING AREA UNIT "B" 1,873.84 SF
TOTAL PROPOSED LIVING AREA 3,144.78 SF
TOTAL PROPOSED BUILDING AREA (INC. GARAGES) 3,564.02 SF DECK @ SECOND FLOOR UNIT "All 39.06 SF
DECK @ SECOND FLOOR UNIT "B" 39.06 SF
3RD FLOOR BECK 230.00 SF
MAXIMUM 3rd FLOOR BUILDABLE AREA 1,121.00 SF
PROPOSED 3RD FLOOR UNIT "B" 314.16 SF
PROPOSED 3RD FLOOR UNIT "B" INCLUDING DECK 544.16 SF
PARKING SPACES REQUIRED 4
PARKING SPACES PROVIDED 4
UNIT'A': 1 CARPORT + 1 CAR GARAGE (209.62 SF)
UNIT'B': 1 CARPORT + 1 CAR GARAGE (209.62 SF)
.46 + 9.63 + 8.19 + 7.55 = 34.83 / 4 = 8.71
�.71 < 9.0 ADOPT 9.0

TRUE NORTH

PROJECT NORTH

MARGELO
....................................................
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....................................................

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n:.

N•.
i
CLIENT:

MR. MAGDI HANNA
PROJECT:

RESIDENTIAL CONDOMINIUMS
3014 BALBOA BLVD.

NEWPORT BEACH, CA.92663
SHEET TITLE:

PROJECT INFORMATION

THESE DRAWINGS AND SPECIFICATIONS ARE THE SOLE
PROPERTY AND COPYRIGHT OF MARCELO E. LISCHE,
ARCHITECT, A.I.A. AND SHALL NOT BE USED ON ANY

OTHER WORK EXCEPT BY WRITTEN AGREEMENT WITH
THE ARCHITECT. WRITTEN DIMENSIONS SHALL

SUPERSEDE SCALED DIMENSIONS AND SHALL BE
VERIFIED ON THE JOBSITE. ANY DISCREPANCIES SHALL

BE INMEDIATELY BROUGHT TO THE ATTENTION OF THE

ARCHITECT PRIOR TO
THE COMMENCEMENT OF ANY WORK.

MARGELO E. LISCHE, ARCHITECT, A.I.A., ALL RIGHTS
RESERVED.

JOB #:

DRAWN BY:

P.L.

CHECKED BY:

M.L.

SCALE:
3/16" = V-0"
DATE:
07/07/2021

REVISIONS
A-
0_
A_
0_
A-
0-
A-
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SHEETS
14-52

0 OPEN SPACE: 6'-3" x 6'-3" x 14'
OPEN SPACE: 6'-3" x 6'-3" x 14'
33'-6"
FIRST FLOOR 13'-6" L 31'-10"

SECOND FLOOR
0 Fb
TOTAL BUILDING AREA (INCLUDING GARAGES):

TOTAL LIVING AREA:

U N IT "All:

UNIT "B":

COBERED GARAGE UNIT "A":

COVERED GARAGE UNIT "B":

TOTAL BUILDING FOOTPRINT (INCLUDING GARAGES)
CARPORT UNIT "A":

CARPORT UNIT "B":

OPEN SPACE UNIT "A":

OPEN SPACE UNIT "B":
3,564.02 SF
3,144.78 SF
1,270.94 SF
1,873.84 SF
209.62 SF
209.62 SF
1,437.58 SF
172.00 SF
172.00 SF

39.06 SF

39.06 SF
I.MARCE.40
......................................................
......................................................
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CLIENT:

MR. MAGDI HANNA
PROJECT:

RESIDENTIAL CONDOMINIUMS
3014 BALBOA BLVD.

NEWPORT BEACH, CA.92663
SHEET TITLE:

AREAS CALCULATION

THESE DRAWINGS AND SPECIFICATIONS ARE THE SOLE
PROPERTY AND COPYRIGHT OF MARCELO E. LISCHE,
ARCHITECT, A.I.A. AND SHALL NOT BE USED ON ANY

OTHER WORK EXCEPT BY WRITTEN AGREEMENT WITH
THE ARCHITECT. WRITTEN DIMENSIONS SHALL

SUPERSEDE SCALED DIMENSIONS AND SHALL BE
VERIFIED ON THE JOBSITE. ANY DISCREPANCIES SHALL

BE INMEDIATELY BROUGHT TO THE ATTENTION OF THE

ARCHITECT PRIOR TO
THE COMMENCEMENT OF ANY WORK.

MARCELO E. LISCHE, ARCHITECT, A.I.A., ALL RIGHTS
RESERVED.

JOB #:

DRAWN BY: P.L.

CHECKED BY: M.L.

SCALE: 3/16" = 1'-0"
DATE: 07/07/2021
REVISIONS:

A_
0_
0 A_
0 _
A_
........ ........
........ ........
.......... (A
THIRD FLOOR (deck is not covered)
OF
........................ SHEETS ................
........................................................., 14-53

57 F-- -
5'-0" setback
M
ED
M
zo

SITE / FIRST FLOOR PLAN
LIVING AREA UNIT'A':
437.04 SF
/ ENCLOSED GARAGE:
209.62 SF
LIVING AREA UNIT'B':
581.34 SF
/ ENCLOSED GARAGE:
209.62 SF
N53°34'20"E 70,01'

SECOND FLOOR PLAN
LIVING AREA UNIT'A': 833.94 SF / DECK: 39.06 SF
LIVING AREA UNIT'B': 978.34 SF / DECK: 39.06 SF
N53°34'20"E 100.121
SCALE: 3/16" = l'-0"
SCALE: 3/16" = 1'-0"
`so
UNIT "B"
\
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IVGZoalWoa9I 00%9mm

MARCELO
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:::::

CLIENT:

MR. MAGDI HANNA
PROJECT:

RESIDENTIAL CONDOMINIUMS
3014 BALBOA BLVD.

NEWPORT BEACH, CA.92663
SHEET TITLE:

FIRST AND SECOND

FLOOR PLANS

THESE DRAWINGS AND SPECIFICATIONS ARE THE SOLE
PROPERTY AND COPYRIGHT OF MARCELO E. LISCHE,
ARCHITECT, A.I.A. AND SHALL NOT BE USED ON ANY

OTHER WORK EXCEPT BY WRITTEN AGREEMENT WITH
THE ARCHITECT. WRITTEN DIMENSIONS SHALL

SUPERSEDE SCALED DIMENSIONS AND SHALL BE
VERIFIED ON THE JOBSITE. ANY DISCREPANCIES SHALL

BE INMEDIATELY BROUGHT TO THE ATTENTION OF THE

ARCHITECT PRIOR TO
THE COMMENCEMENT OF ANY WORK.

MARCELO E. LISCHE, ARCHITECT, A.I.A., ALL RIGHTS
RESERVED.

JOB #:

DRAWN BY: P.L.

CHECKED BY: M.L.

SCALE: 3/16" = 1'-0"
DATE: 07 / 07 / 2021 .....

REVISIONS:

A
0 0
0 0
0 0
............

A.1
OF
SHEETS
14-54

0 0
C
CLI
0 `D
m
z
I
o
o
C
N53°34'20"E 70,01'

THIRD FLOOR PLAN
LIVING AREA: 314.16 SF / DECK: 230 SF (deck is not covered)

ROOF PLAN
N53°34'20"E 100.12'
N53°34'20"E 70,01'
N53034'20"E 100.12'
SCALE: 3/16" = 1'-0"
SCALE: 3/16" = 1'-0"
CLIENT:

MR. MAGDI HANNA
PROJECT:

RESIDENTIAL CONDOMINIUMS
3014 BALBOA BLVD.

NEWPORT BEACH, CA.92663
SHEET TITLE:

THIRD FLOOR AND ROOF PLANS

THESE DRAWINGS AND SPECIFICATIONS ARE THE SOLE
PROPERTY AND COPYRIGHT OF MARCELO E. LISCHE,
ARCHITECT, A.I.A. AND SHALL NOT BE USED ON ANY

OTHER WORK EXCEPT BY WRITTEN AGREEMENT WITH
THE ARCHITECT. WRITTEN DIMENSIONS SHALL

SUPERSEDE SCALED DIMENSIONS AND SHALL BE
VERIFIED ON THE JOBSITE. ANY DISCREPANCIES SHALL

BE INMEDIATELY BROUGHT TO THE ATTENTION OF THE

ARCHITECT PRIOR TO
THE COMMENCEMENT OF ANY WORK.

MARCELO E. LISCHE, ARCHITECT, A.I.A., ALL RIGHTS
RESERVED.

JOB #:

DRAWN BY: P.L
CHECKED BY: M.L.

SCALE: 3/16 = 1'-0"
DATE: 07/07/2021
N I=
I

TRUE NORTH

PROJECT NORTH
A.2
:....::'::.... OF
SHEETS
14-55

RIDGE 38.0'
4'-0"
6-0-
T. ..32.33co
_ -
<; M M
3' 0" I
x .F 2 .8 '
.:.
41,011 I
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ESTABLISHED GRADE 9.0' _ o y;y1 1 = C)
F.F. 9.33'
VAjA/AA VA VAjAAjAA VAjAAjAA VA VAjAAjAA VAjAAjAA VA VAjAAjAA VAjAAjAA VA VAjAAjAA VA VAjAA VA VAjAAjAA VAjAAjAAjAA VAjAAjAA VA VAjAAjAA VAjAAjAA \ SOUTH ELEVATION (W. BALBOA BLVD.)

EAST ELEVATION
1_71mTll!tTtill
SCALE: 3/16" = 1'-0"
SCALE: 3/16" = 1'-0"

MARGELD
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CLIENT:

MR. MAGDI HANNA
PROJECT:

RESIDENTIAL CONDOMINIUMS
3014 BALBOA BLVD.

NEWPORT BEACH, CA.92663
SHEET TITLE:

EXTERIOR ELEVATIONS

THESE DRAWINGS AND SPECIFICATIONS ARE THE SOLE
PROPERTY AND COPYRIGHT OF MARCELO E. LISCHE,
ARCHITECT, A.I.A. AND SHALL NOT BE USED ON ANY

OTHER WORK EXCEPT BY WRITTEN AGREEMENT WITH
THE ARCHITECT. WRITTEN DIMENSIONS SHALL

SUPERSEDE SCALED DIMENSIONS AND SHALL BE
VERIFIED ON THE JOBSITE. ANY DISCREPANCIES SHALL

BE INMEDIATELY BROUGHT TO THE ATTENTION OF THE

ARCHITECT PRIOR TO
THE COMMENCEMENT OF ANY WORK.

MARCELO E. LISCHE, ARCHITECT, A.I.A., ALL RIGHTS
RESERVED. .....

JOB #:

DRAWN BY: P.L.

CHECKED BY: M.L.

SCALE: 3/16" = 1'-0"
DATE: 07/07/2021

REVISIONS
A _
A —
A_
0_
A_
0_
A_
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A.3
OF
SHEETS
14-56

RIDGE 38.0'
5'-0"
o
N
60 CM
M
N
F.F. 19.08'

ESTABLISHED GRADE
RIDGE 32.66'
op
M
CV

WEST ELEVATION
I
F.F. 9.331 _

NORTH ELEVATION
luLmlill.1111
0o
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SCALE: 3/16" = 1'-0"
RIDGE 38.0'
O
\ allillum Ili'),
-

ESTABLISHED
I
ESTABLISHED GRADE 9.0' Y4��
SCALE: 3/16" = 1'-0"
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CLIENT:

MR. MAGDI HANNA
PROJECT:

RESIDENTIAL CONDOMINIUMS
3014 BALBOA BLVD.

NEWPORT BEACH, CA.92663
SHEET TITLE:

EXTERIOR ELEVATIONS

THESE DRAWINGS AND SPECIFICATIONS ARE THE SOLE
PROPERTY AND COPYRIGHT OF MARCELO E. LISCHE,
ARCHITECT, A.I.A. AND SHALL NOT BE USED ON ANY

OTHER WORK EXCEPT BY WRITTEN AGREEMENT WITH
THE ARCHITECT. WRITTEN DIMENSIONS SHALL

SUPERSEDE SCALED DIMENSIONS AND SHALL BE
VERIFIED ON THE JOBSITE. ANY DISCREPANCIES SHALL

BE INMEDIATELY BROUGHT TO THE ATTENTION OF THE

ARCHITECT PRIOR TO
THE COMMENCEMENT OF ANY WORK.

JOB #:

DRAWN BY: P.L.

CHECKED BY: M.L.

SCALE: 3/16" = 1'—O"
DATE: 07/07/2021 ......

REVISIONS
A _
0_
A_
0_
A_
0_
A_
0_
`.:.:::......:::..::..:::.::.:::.: :

AA
OF
SHEETS
14-57

LEGEND
DESCRIPTI❑N
(123.45)
MEAS. ELEVATI❑NS
C )
REC. BRG. & DIST.

DECK
#
BRICK
WALL

BUILDING
- -

PROPERTY LINE
FENCE

BENCH MARK
N.G.

NATURAL GRADE
P.P.

POWER POLE
WM

WATER METER
F.F.

FINISH FLOOR
G.F.

GARAGE FLUOR
CONC.

CONCRETE
F.S.

FINISH SURFACE
M.H.

MAN -HOLE
P

PLANTER
A.C.

ASPHALT
T.G.

TOP -GRATE
RdM SURVEYING INC,
R❑N MIEDEMA L.S. 4653
23016 LAKE FOREST DR. #409
LAGUNA HILLS, CA 92653
(949) 858-2924 ❑FFICE
(949) 858-3438 FAX
RDMSURVEYING@C❑X,NET
AC
AC
AC
I Q
AC
>
W
J
CENTER

LINE AC
Q
0 AC
J
AC
AC
AC
AC
CC.W. 1
TOPOGRAPHIC SURVEY OWNER: LEGAL DESCRIPTI❑N: BENCH MARK:

MAGDI HANNA P❑RTI❑N OF BLOCK 130 MAP OF LAKE TRACT BENCH MARK #J-782 NEWP❑RT BEACH NAVD88 DATUM
ELEVATI❑N = 6.978
JOB: 76-59
DATE: 2/6/20
0' 8' 16'
SCALE 1 "=8'
/S�9 LAND S�\
Gw RON�
N MIEDEMA Dp
No. 4653
�111
Op O¢/
ADDRESS OF PROJECT:
3014 WEST BALBOA BLVD.

NEWPORT BEACH, CA
BENCH MARK:
14-58

DESIGN ABBREVIATIONS
BX

BOTTOM OF RAMP
FF

FINISHED FLOOR ELEVATION
FG

FINISHED GRADE ELEVATION
FL

FLOW LINE
FS

FINISHED SURFACE ELEVATION
GB

GRADE BREAK
LF

LINEAR FEET
SF

SQUARE FEET
TC

TOP OF CURB
TG

TOP OF GRATE
TW

TOP OF WALL
TX

TOP OF RAMP
GFF

GARAGE FINISHED FLOOR
INV

INVERT ELEVATION

LINE LEGEND

STREET CENTERLINE

PROPERTY LINE
- - RIGHT OF WAY LINE

W EXISTING WATER LINE
WALL
PROPOSED 4" PVC
SDR-35 PIPE @
MINIMUM 0.8% SLOPE

FEATURES LEGEND

CONCRETE AREAS
0 LANDSCAPE AREAS

DRAINAGE PIPE FLOW
X % SURFACE FLOW WITH SLOPE

AREA SUMMARY
PROPERTY AREA = 3,405 SF OR 0.078 AC
PARCEL 1
TOTAL AREA =
1,552 SF.

PERVIOUS AREA =
370 SF.

IMPERVIOUS AREA =
1,182 SF.

PARCEL 2
TOTAL AREA =
1,853 SF.

PERVIOUS AREA =
418 SF.

IMPERVIOUS AREA =
1,435 SF.

CIVIL ENGINEER'S NOTES
• SUMP PUMP AND SUMP PUMP PIT TO BE
DESIGNED BY MECHANICAL ENGINEER.
• NO WQMP NOR OTHER CALCULATIONS ARE
PART OF THESE PLANS.

ENGINEER'S NOTES:

1. SEE STRUCTURAL PLANS FOR FOUNDATION DESIGN.

2. SEE SOILS REPORT FOR SUBGRADE PREPARATION
REQUIREMENTS.

HEIGHT FROM FINISHED FLOOR

TO GROUND (FG) OR
CONCRETE SURFACE (FS).
8" MIN TO F.G.
3" MIN TO F.S.
5%
MIN
IF
F.G.
2%
MIN
IF
F.S.
f
10 FEET ADJACENT TO J

STRUCTURE, GROUND (FG)

OR CONCRETE SURFACE (FS)

SHALL SLOPE AWAY FROM
BUILDING AT 5% OR 2% MIN.

TREATED MUD SILL PLATE

FINISH FLOOR PER PLAN
/---- TOP OF SLAB
a
a
a
a

DRAINAGE AWAY FROM THE BUILDING
SECTION (I.B.C. 1803.3), SECTION (C.B.C. 1804A.4)
SECTION (C.R.C. R404.1.6 & C.R.C. R317.1)
11 AC
AC
EXISTING 12"
_32ND STREET
3 3
r _
2� 15 LF. of oO
ONi - rl 7r 25 8� ° Q0.8% 0O od Eli 27. LF: . "� ' 7.50 TG

ERFLOW - --
ITLET www.CRFengineering.com F: 949-723-0500 E: MLISCHE.AIA©GMAIL.COM ELEVATION: (6.978 FT) I I I FAPN: 047-071-02 Checked By: ❑ Construction Staking C.R., PLS OF 2 SHEETS1
14-59

2 BAGS HIGH UNLESS

OTHERWISE SHOWN ON PLAN

GRAVELBAGS

TYPICAL SECTION TYPICAL ELEVATION
BMP SE-6

NTS GRAVELBAG EROSION CONTROL

CONTAINMENT BERM
4 BAGS HIGH UNLESS

SECTION

CONTAINMENT
BERM, DETAIL 1
CONCRETE ?
WASTE
AREA o
10' MIN.

PLAN VIEW
BMP WM-8

NTS WASTE MANAGEMENT
(TEMPORARY CONDITION)
BMP SE-10 MESH FABRIC SILT SCREEN

GRAVELBAGS
DRAIN INLET SEE DETAIL # 1

PROPOSED

FINISHED GRADE
II —III IIIII
PROPOSED _
- IIII II -III

III CATCH III
BASINI

APPLIES AFTER

INSTALLATION OF

DRAIN INLETS

NTS DRAIN INLET PROTECTION

TOP AND BOTTOM
SHALL BE 10 GAUG
NOTES

1. WIRE SHALL BE A MINIMUM OF 32" IN

WIDTH AND SHALL HAVE A MINIMUM OF
6 LINE WIRES WITH 12" STAY SPACING.

2. FILTER FABRIC SHALL BE A MINIMUM
OF 36" IN WIDTH AND SHALL BE
FASTENED ADEQUATELY TO THE WIRE.

3. STEEL POST SHALL BE 5'-0" IN HEIGHT

AND BE OF THE SELF -FASTENER ANGLE
STEEL TYPE.

4. WOOD POST SHALL BE 6'-0" IN HEIGHT
AND 3" IN DIAMETER.

NTS
10' MAX. WITH WIRE
(6' MAX. WITHOUT WIRE)

EXTENSION OF FABRIC AND

WIRE INTO TRENCH

SILT FENCE DETAIL
3P ��Fti
A
01 RAISED RIB STEEL PLATES

TIRE CLEAN -OUT AREA
CASQA TC-1
� 3'-6" COARSE

AGGREGATE
FILTER FABRIC �a
ROUGH GRADED SURFACE 12" MIN.

NOTES:

1. PROVIDE AMPLE TURNING RADII AS PART OF ENTRANCE.

2. ENTRANCE WILL REQUIRE PERIODIC TOP DRESSING WITH ADDITIONAL AGGREGATE.

3. SEE TC-1 OF"THE CALIFORNIA STORMWATER BMP HANDBOOK".

NTS STABILIZED CONSTRUCTION ENTRANCE
EROSION CONTROL:

1. TEMPORARY EROSION CONTROL PLANS ARE REQUIRED FROM OCTOBER 15 TO MAY 15.

2. EROSION CONTROL DEVICES SHALL BE AVAILABLE ON -SITE BETWEEN OCTOBER 15 AND MAY 15.

3. BETWEEN OCTOBER 15 AND MAY 15, EROSION CONTROL MEASURES SHALL

BE IN PLACE AT THE END OF EACH WORKING DAY WHENEVER THE FIVE-DAY PROBABILITY OF RAIN EXCEEDS 30 PERCENT. DURING THE

REMAINDER OF THE YEAR, THEY SHALL BE IN PLACE AT THE END OF THE WORKING DAY, WHENEVER THE DAILY RAINFALL PROBABILITY EXCEEDS 50 PERCENT.

4. TEMPORARY DESILTING BASINS, WHEN REQUIRED, SHALL BE INSTALLED AND MAINTAINED FOR THE DURATION OF THE PROJECT.

If
LIJ
AC
AC
AC
AC
AC
o CONSTRUCTION G

REPLACE GRAVEL

AFTER EACH WOF

DURING RAINY SE
(OCTOBER 1ST. -AI
�1 I
AC
AC

42.4'
CF.W. 19 bu i
CONC.
eF^ I CONC. CONC.
`q.
4 OFS, hFS,
CONJ,. N q CONC.
bbF 0? P cDNC. 1 4
11Nc
ARE
Al 3 _
5 W.r.

IG
ON Dr,131 Z
L 301I H).,
lOi'
CONC. _b��S, CCI�9 WM - H
CONC. CONC. CONC.

S�
CONC. CONC. hFS, CDCONE. oFS,
PROPERTY Lq°�,
N53'34'20"E Y F LINE 70.0 P P � aoa
t
�'EOf�LC
r
3 Fs�
3 W
,(�
t `�v� ��J`♦` ♦
F�
p
�G�
�
�0 CONC.

CONC.
/
LINE .. . . \..
. CONZ;W W �\ �
_t+^,
^L`! ♦ t i. - .
t• � ♦ r♦ � t
'1'� `C\
1 CONC.

CONC,
. .rt
`'L♦ 1 - 1 1
i 1 `♦' '\`,
HIC

PARKING
L�
rXVa .\ ��
• • •\
1` two t
www.CRFengineering.com F: 949-723-0500 E: [email protected] ELEVATION: (6.978 FT) APN: 047-071-02 Checked By: ❑ Construction Staking C.R., PLS OF 2 SHEETS
14-60

ASSESSOR PARCEL NUMBER GENERAL NOTES FLOOD ZONE APPLICATION NO.: APPLICABLE CITY STANDARD: N NI 047-071-02 fill

1. GROSS AREA: 3,405 SF. OR 0.078 ACRES FEMA MAP NO. 06059CO381K GENERAL PLAN AMENDMENT NO. GP2020-002 RESIDENTIAL DRIVEWAY APPROACH TYPE I STD-162 \� PROPOSED USE OF LAND '`�• �� ' �, t ,?�� `�
', �
RESIDENTIAL CONDOMINIUM „ „ , �� • ~ H
� • �� 1� • 9111w � i
/ 2. THE PROJECT IS LOCATED ON ZONE X , AREA DETERMINED TO BE CITY OF NEWPORT BEACH, 060227 LCP AMENDMENT NO. LC2020-005 SIDEWALK (STD-180) +�' ANNUAL CHANGE FLOODPLAN PER FEMA MAP NO. .

INSIDE OF 0.2% -
• ZONING CODE AMENDMENT CA2020-006 �, Y
GENERAL PLAN LAND USE f f '
06059C0381K, CITY OF NEWPORT BEACH 060227, MAP REVISED ON FLOOD ZONE: ZONE X SEWER LATERAL CONNECTION TYPE A (STD-407) ; _ ; �!�• �,• •� -" - �� CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT MARCH 21, 2019. � - ;. r.;�Pa',�:

ZONING 0.2% ANNUAL CHANGE FLOOD HAZARD COASTAL DEVELOPMENT PERMIT N0. CD 2020 022 1 WATER SERVICE (STD-502) , 4 r , +►';.; : - �' t Lt F

3. ON SITE SEWER AND STORM DRAIN WILL BE PRIVATE. Y y ! r } .• -{ - �.

CN - COMMERCIAL NEIGHBORHOOD TENTATIVE PARCEL MAP NO. NP2020-006 (PA2020-060)

4. NO EXISTING EASEMENTS. DATED MARCH 21, 2019. WATER METER ASSEMBLY (STD-507) ++� -r ` _ '.•+� LOT AREA: 20,000 SF. ' "
LOT WIDTH: 25 FT. COUNTY MAP N0. 2020-134 SEWER &WATER SEPARATION (STD 500-ABcB) n '• v F' . { .. + gcitxxwll► ! J
FRONT SETBACK: 0
UTILITY PROVIDERS:

SIDE SETBACK: PRIVATE DRAINS THROUGH CURB (STD-184)
ABUTTING NONRESIDENTIAL 0' �` 7`" •' " ] �
ABUTTING RESIDENTIAL 5' CITY OF NEWPORT BEACH..................................WATER 1-949-644-3066 SEWER LATERAL WITH CLEANOUT (STD- 406) ' ,i-.1 CITY OF NEWPORT BEACH..................................SEWER 1-949-644-3066 STREET 0'
• CITY OF NEWPORT BEACH. STORM DRAIN 1-949-644-3066 3 2 1�I D S T R E E T CURB ACCESS RAMP STD-181 fi !
REAR SETBACK: - - ( )
ABUTTING AN ALLEY 10' CITY OF NEWPORT BEACH.............TRASH COLLECTION 1-949-644-3066 NOT ABUTTING AN ALLEY 0' SOUTHERN CALIFORNIA EDISON ....................ELECTRIC 1-800-655-4555 • ,.�\� .� �t �! - y� �^
ABUTTING RESIDENTIAL 5' THE GAS COMPANY.................................................GAS 1-800-427-2200 4 .y-'1� '` BULKHEAD SETBACK: 10'
FLOOR AREA RATIO: 0.3 f • • • '• ...

HEIGHT:

WITHIN SHORELINE 26' (FLAT) VICINITY MAP
31' (SLOPED) N . T. S
NOT WITHIN SHORELINE 32' (FLAT)
37' (SLOPED)co
EXISTING LEGAL DESCRIPTION 3

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: DESIGN ABBREVIATIONS LINE LEGEND THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN 3 3 BX BOTTOM OF RAMP THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF C,r, FF FINISHED FLOOR ELEVATION - STREET CENTERLINE CALIFORNIA, THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 40 FIG FINISHED GRADE ELEVATION FEET BEING PARALLEL TO AND 50 FEET FROM THE SOUTHEASTERLY LINE rn I ;` ' PROPERTY LINE OF LOT 1 IN BLOCK 130 OF LAKE TRACT, AS PER MAP RECORDED IN z PRELIMINARY LOCATION OF FL FLOW LINE BOOK 4, PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE CURB ACCESS RAMP PER '• ` �'` FS FINISHED SURFACE ELEVATION - - RIGHT OF WAY LINE - FS o > S� C S `_' ; ,`, _ r, : ` - CONCRETE AREAS
SLOPE w N 3 w ¢ z �2 c°Nc. zF o CONIC. F , , GFF GARAGE FINISHED FLOOR >o r7 d W z N ¢J ap o �°� CONC. PROPERTY o , �o r `'` ` ., v ,`,K ` r; � JOIN TO o o ¢ 'L ¢ ¢ w o �� _ ` INV INVERT ELEVATION
_ I , o b� w Of Wo P P a0a � g 58 a, o 7.35 IN g.� �� S ®0,g% ��; SURFACE FLOW WITH SLOPE HEREON SHOWN. -d- - - - - ,SF �„ ,
CROSSWALK L - f �, � - 37° LF. • • � o-
-� (9.08)FL �a tt -- - gip""- . " „ P� PROPOSED PARCEL w �rTT�� II
w PROPOSED SEWER -- „ � -
WRITTEN STATEMENT: STRIPING 9 2' TX c ' cn zo �8.50 TG 4 STUB SEWER Co AREA: 1,552 SF. �, rn oo r` . y4: . .

I w o ,L 5 LF. .\ . 7.90 TG
LATERAL POINT P ao ao - -
08)FL C°NC I o cn o o"' �7.40 INV w 6.60 SS-INV PARKING • • - •\ (1) THE SITE IS CURRENTLY BEING USED I OF CONNECTION. 4 0 o coo �y, i o (�0.8% . oW W W • W • 6.90 INV EXIS G WA R � z a; ,� 5.1 % 1 % coNC- � - ` �
E .� PROPERTY
(5.52)SS-INV METE TO B �" ¢ ai M 'n = S CONC.

COMMERCIALLY FOR A TACO RESTAURANT. THE SITE `a �' 8.50 TG PROP - LINE WILL BE USED FOR RESIDENTIAL CONDOMINIUM ABAN ONED ��" v �' 100 ��_ C°NC, , �? - - %w 2%-°; v� 7.50 IN F, �S� ROPE 2S
PURPOSES ONLY. A DUPLEX IS BEING PROPOSED. r7 OPOSED WATER SERVICE 8.50 T �2 P `0� N o INT OF CONNECTION. - I w S� 14.00 TIN - - .
(II) A DUPLEX BUILDING WILL BE CONSTRUCTED ON ROPOSED SEWER LATERA 7 0 �_'I I �/'I = = w a CD 7.40 INV w �� 8.43 FIG 03 `� rn �' [�'' >W 5.2% 0 5 LF. 1% FF� 41F PROPOSED PARCEL 2� , - AREA SUMMARY SITE. NEW WATER LINES WILL HAVE TO BE r OINT OF CONNECTION. ¢ wl �n c� zcn a y f o - 1 a� vi 3 I ~ -o 00.8% „ o AREA: II853 S • F
PROPOSED WHILE IDEALLY REUSING THE EXISTING 5.40 SS-INV 42 4' N o 00 IL8.40 TG 4 STUB SEWER ad 2% • •- s rn �LL. ! Q PROPERTY AREA - 3,405 SF OR 0.078 AC
SEWER LATERAL. SAID IMPROVEMENTS ARE _ M 7.30 INV S �� w N W ; `-� ; • EXISTING SEWER CLEANOUT co ria N 6.§0 SS- V CONC. �S, C°NC. CONIC. , . CAP
EXPECTED TO BE COMPLETED EARLY 2022. TO BE ABANDONED ' ; S� CONIC. o w (+o.D• PARCEL 1 AIII AT PROPERTY LINE. SS ' EWER .. 8 60 TG I `��2F 15 LF. ai 00 n �" W . ` W `- • TOTAL AREA = 1,552 SF. (III) IT IS INTENDED TO RE -USE THE EXISTING 3 TX Wy� W W.� f ad �'". �, . 7.50 TG SEWER LATERAL ON SITE IF PERMITTED. PROPOSED
LEANOlJT L - � 7.25 INV - �0.8% �F
_ -
(9.03)FL ��.5�5; � �z� � i �- - _ L _- _ _ � _ _ •�_� ��_ 6.50 INV PERVIOUS AREA = 370 SF.

TRASH AREAS ARE DESIGNATED FOR EACH UNIT AC JOIN TO -- W =- - W --_- _-- _-'' - _-- -- _ - - f -- --- _ _ f=
�� IMPERVIOUS AREA 1,182 SF.

ON SITE. EXISTING BX e,' _-- --_ _-- - _
s

42.41' PROPOSED o ;UJ
z z . N53'34'20'E o > o > 100.12' o > PARCEL 2
(IV) NO PUBLIC AREAS ARE PROPOSED. EACH OVERFLOW w w �m w J m � 0 z PROPERTY �? � ? UJ ¢ C-' LINE TOTAL AREA = 1,853 SF.

TENANT IN THE DUPLEX WILL HAVE THEIR OWN OUTLET o ai a Of z ow ¢ Q w `" ad �ci `� ''� ad co ad cd ROTECT THE PROPOSED BUILDING. SW PER CITY JOIN TO �`' o o ¢ z Q PERVIOUS AREA = 418 SF.

EXISTING WALL
STD- 180 EXIS NG 25 a n a J r �� IMPERVIOUS AREA = 1,435 SF. (V) TWO BIORETENTION PLANTERS ARE BEING EXISTING 12„ EXISTING SEWER LINE o �+- BUILDING PROPOSED TO HELP TREAT THE WHOLE SITE WITH ABESTOS-CEMENT PER CITY OF 1 .� ANY OVERFLOW DISCHARGING INTO THE STREET. w NEWPORT BEACH

WATER MAIN PER
CITY DRAWING DRAWING NO.
rn 3 R-5014-S.

NO. R-5014-S
(VI) ANY RESTRICTIVE COVENANTS ARE ATTACHED IN `r`• "
THIS SUBMITTAL PER ITEM 2 OF THE PRELIMINARY
TITLE REPORT. ^,r�
,
LAND SURVEYOR: QD
RDM SURVEYING, INC.

MR. RON MIEDEMA, LS 4653
23016 LAKE FOREST DR. #409 10' 0' 10' 20'
LAGUNA HILLS, CALIFORNIA, 92653.

P: 949-858-2924
F: 949-858-3438
SCALE: 1 "=10'
E: [email protected]
-(� 3 0TH STREET
PREPARED BY: PREPARED FOR: ARCHITECT: COUNTY BENCHMARK: TENTATIVE PARCEL MAP NO. NP2020-006 BASIS OF BEARINGS: Date Printed: 05-02-2022 ❑ Design Development SHEET Q�OFESS/�� Date Surveyed: GALLO OF CORONA MR. MARCELO E. LISCHE, AIA DESIGNATION: J-782 O q THE CENTERLINE OF BALBOA y ❑ Progress Const. Docs.

COUNTY MAP NO. 2020-134 Rq ` 02-06-2020 ■ City Submittal DEL MAR, INC. FD 3-3/4" OCS ALUM. ��` co�P� M% �� BOULEVARD HAVING A MR. MAGDI HANNA 2152 DUPONT DRIVE 255 STAMPED BM DISK SET IN NE c� , „ Project Number:
# No.78100 z BEARING OF N37'1317 W AS 20-034
3345 NEWPORT BOULEVARD IRVINE, CALIFORNIA 92612 29RH ST.NER OF THE INTER OF& NEWPORT BLVD. 14 BALB A BOULEVARD `'� � N m SHOWN ON PARCEL MAP ❑ Bid Package NEWPORT BEACH CA 92663. 30 O 0 v v * * PAGE 37 P.M.B. 272, surveyedRDM SURVEYING ❑ Construction Issue CIVIL ENGINEERING +�N SURVEYING � COMPLIANCE � ' NEWPORT BEACH CALIFORNIA 92663. J �tVl� �P PAGES 37-38, RECORDED IN Drafted By:

DATUM: NAVD88 THE COUNTY OF ORANGE H.L. ❑ Record Drawings 6782 Stanton Avenue, Suite A, . Buena Park, California, 90621. P: 949-723-2000 P: 949-293-5406 YEAR LEVELED: 2015 F CAO� RECORDER'S OFFICE.

T: 714.522.2266 . F: 714.752.5384 • www.CRFengineering.com F: 949-723-0500 E: [email protected] ELEVATION: (6.978 FT) (FOR CONDOMINIUM PURPOSE ONLY) C Checked By: ❑ C.R., PLS Construction Staking OF 1 SHEETS
14-61

Q
O
P�
Q
Pq
QUALIFICATIONS FOR "PRESCRIPTIVE COMPLIANCE:
(PROJECT IS LESS THAN 500 SF.)
TOTAL NEW LANDSCAPE AREA: 420 S.F.

TURF AREA: 0 S.F. / PLANTING AREAS (LESS TURF): 420 S.F. (REHABILITATED LANDSCAPE AREA: 0 SF.)
WATER SUPPLIER: CITY OF NEWPORT BEACH CA. (POTABLE)
PROJECT TYPE: RESIDENTIAL DUPLEX
APPLICANT: MAGDI HANNA
3345 NEWPORT BLVD., SUITE 203
NEWPORT BEACH, CA. S2663+
CONTACT: MAGDI HANNA (34S)123-2000
I. TURF AREA IS LESS THAN 2596 OF LANDSCAPE PLANTING AREA.

2. AT LEAST 15% OF LANDSCAPE AREA IS PLANTED w/ CLIMATE ADAPTED PLANT w/ AN AVERAGE WUCOLS PLANT FACTOR OF 03 OR LESS.

3. COMPOSTAT A RATE OF FOUR (4) C.Y. PER 1,000 S.F. IS TO BE INCORPORATED TO A DEPTH OF 6( MIN.

4. A THREE INCH LAYER (39 OF MULCH WILL BE APPLIED TO ALL PLANTING ALAS, EXCLUDING TURF AREAS (SEE NOTE HEREON).

5. THE IRRIGATION DESIGN WILL INCORPORATE AN AUTOMATIC IRRIGATION CONTROLLER (w/ "SMART TECHNOLOGY"), 4 MANUAL SHUT-OFF CONTROL VALVES.

I AGREE TO COMPLY WITH THE REQUIREMENTS OF THE
PRESCRIPTIVE COMPLIANCE OPTION TO THE MWELO.

ROBERT CLARK GRAVES, ASLA
CA. REGISTERED LA 01213

SINGLE TF
PLANTING LEGEND:

TREES:
5HRU55:

VINE5:

SYM. BOTANICAL NAME COMMON NAME QUAN. SIZE REMAWS PLAN

ARCHONTOPHOEN I X

CUNN I NCGHAM I ANA
KING
PALM
DIANELLA REVOLUTA BABY BLI55 BABY BLI55
(OTN03) PP 18,883 FLAX LILY

DIANELLA TASMANICA
m "VARIEGATA"
I LAURU5 NOBILI5
0 PENN15MM 5PATHEOLATUM
C : 0 K= • mlz1:7I1411�_��a
7RACHEL05PERMUM JASMINOIDES

WHITE STRIPED

TASMAN FLAX LILY

SWEET BAY

RYE PUFFS

BOUGAINVILLEA
(VARIETY AS SELECTED)
STAR

JASMINE
2 1
24" BOX SINGLE TRUNK
24" BOX DOUBLE OR TRIPLE TRUNK
8 1 GAL.
18 5 GAL.
2 60
0 2

0.4-0.6
(M)

0.1-03
lV

0.4-0.6
(M)
15 GAL. COLUMNAR FORM - MATCHED 0.1-03
V
1 GAL. AVAILABLE FROM WATERWISE 0.1-03
BOTANICALS (160) 128-2641 (L)
5 GAL.ATTACH TO WALL OR FENCE VIA 0.1-03
(HORIZONTAL) S.S. CABLE SUPPORTS V
5 GAL ATTACH TO WALL OR FENCE VIA 0.4-010
(HORIZONTAL) S.S. CABLE SUPPORTS (M)
MWELLANEOU5
OI ENRICHED PAVING TEXTURE (INTERLOCKING PAVERS - TYP. INDJ OCONCRETE PAYING - 5AND-WA5HED FIN15H - (TYP. IND)
OPROVIDE 12" x 18" VINE PLANTING POCKETS IN PAVING (TYP. EA. VINE IN REAR PATIO) OEXISTING MA50NRY WALL TO REMAIN - PROTECT IN PLACE

ONEW MASONRY WALL - SEE ARCHITECT'S PLANS
ZRIGATION NOTES:
46 AREAS W ILL BE I RRI &ATED 1/IA AN AUTOMATI C
SYSTEM, DESIGNED TO PRO\/I DE FOR REDUCED WATER
lN, IN COMPLIANCE w/ ALL CITY 4 STATE CRITERIA (I .E.:
' and/or POINT-TO-POINT). THE IRRIGATION CONTROLLER
'ORATE 'SMART' TECHNOLOGY ALLOWING FOR AUTOMATIC
ADJU5TMENTS THROUGH THE USE OF
5P I RATION (ET) CAPABILITIES. ALL EQUIPMENT, INCLUDING PRE1/ENTION DEVICES WILL BE RESTRICTED TO THE
OPERTY, SCREENED FROM PUBLIC RIGHT-OF-WAY AREAS.

PLANTING, ALL SHRUB/GROUNDCO /ER BEDS SHALL
3" MINIMUM LAYER OF MEDIUM GRIND MULCH.
�Cpp E ARC\
A
SIGNATURE w
10-31-21

RENEWAL DATE
410 05-20-21
\F DATE 1�4/
OF C A�
co
U cm ca
'n O
CD
U
c �O a.)co
_c co
0 co
tic �2
CD a)
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Q W
3 N
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U
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U
Irw
a
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U
U)
0 z
a
J
X
w
CD
N � � L
a �J o
K
� Q N
O
m
OL
OL Z
Lu 0
A CieN JN
u,
z ono
< oo .
n N
L m o
Zmi cj Z W
Q H Q w
unn000
SHEET
L I
OF
JOB 9014 K BALBOA BLVDo
14-62

Attachment H
Correspondence
14-63

STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE ~
301 E. OCEAN BLVD, SUITE 300 =tl "°
LONG BEACH, CA 90802-4325 a�
VOICE (562) 590-5071
FAX (562) 590-5084
Date: October 19, 2022
To: The Honorable Newport Beach City Council
Re: Draft Local Coastal Program Amendment to Revise Land Use Designation and Zoning Revision for 3014 Balboa Boulevard
Thank you for the opportunity to review the draft amendment to the City of Newport Beach certified Local Coastal Program (LCP) for the Hanna Residences. The draft amendment would revise the Land Use Plan (LUP) and Implementation Plan (IP) to allow residential uses, rather than commercial uses, at 3014 Balboa Boulevard. The project site is in the coastal zone of the City of Newport Beach.

The following comments address the draft LCP amendment and proposed project's consistency with Chapter 3 policies of the California Coastal Act of 1976. The comments contained herein represent preliminary review by Coastal Commission staff; the comments should not be construed as representing the opinion of the Coastal Commission itself. As described below, the proposed LCP amendment and project raise issues relating to public access and recreation.

The subject site (3014 Balboa Boulevard) is currently designated `Neighborhood Commercial' in the City's certified LUP and zoned `Commercial Neighborhood' in the certified IP. The designation allows retail and commercial uses developed in "distinct centers oriented to primarily serve the needs of... residential uses in the immediate area." The draft amendment would revise the land use designation and zoning for the subject site to `Two Unit Residential', which allows solely residential use. The hearing notice indicates that the amendment is necessary to approve demolition of the existing restaurant and construction of two condominium units onsite.

The existing lot is developed with a casual eatery and located one block from the public beach. The restaurant is adjacent to a strip mall which forms one of the distinct Neighborhood Commercial centers referenced in the certified LUP, as well as one of the select areas with lower -cost visitor -serving amenities. Despite its popularity as a visitor destination', Balboa Peninsula is characterized primarily by residential and mixed -use designations in the certified LUP. Only four parcels in the Balboa Peninsula are designated Neighborhood Commercial.

Chapter 3 of the Coastal Act requires maximized public access (Section 30210), prioritization of visitor -serving accommodations (Section 30222), and protection of lower - cost visitor facilities where feasible (Section 30213). The proposed LCP amendment and associated project would facilitate the elimination of an existing, affordable visitor -serving Ref. https://www.visitnewportbeach.com/vacations/cannery-village/

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Land Use Designation/Zoning Revision for 3014 Balboa Boulevard use for construction of residential development, which raises potential inconsistencies with the aforementioned Coastal Act policies.

Furthermore, the subject draft amendment is preceded by four LCP amendments re - designating existing public uses for private residential development: LUP Amendment Nos. 1-98 for 1800-1806 Balboa Boulevard; 1-03-A for 205 Orange Street; 1-03-B for 1514 Balboa Boulevard; and 1-03-C for 129 Agate Avenue. All re -zoned sites were located within one block of the public beach. For consistency with Coastal Act Section 30105.5, the City must consider the incremental effects of the subject LCP amendment concurrent with past and probable future projects. The subject amendment raises questions of a cumulative effect on affordable visitor amenities.

Commission staff therefore suggests the City deny the subject request and analyze alternative uses for the project site that adhere to the current LUP designation and maintain consistency with public access, recreation, and environmental justice policies of the Coastal Act and/or identify an offset that would address the loss of the site as a visitor serving amenity.

Thank you for the opportunity to comment on the draft LCP amendment for the Hana Residences Project. Commission staff request notification of any future activity associated with this project or related projects. As stated above, the comments provided herein are preliminary in nature and additional comments may be appropriate when an LCP amendment request or coastal development permit application is submitted. If the City wishes to continue this discussion, please contact chloe.seifert(a)-coastal.ca.gov and Commission staff can schedule a meeting.

Sincerely,
2 Chloe Seifert
Coastal Program Analyst II
South Coast District

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Newport Beach City CouncilFebruary 14, 2023

Newport Beach City Council
February 14, 2023