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HomeMy WebLinkAboutTPO059_28TH STREET MARINA TP0059 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 09 ROLL CAL SS October 30, 1989 INDEX Ly � �� Transit District bus turnout at the TU/P3361 property. There will also be four affordable rental units associated with the project for a period of 30 years. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to approve the project as recommended by the Planning Commission, and: 1. Adopt Resolution_No.. 89-117, Res 89-117 accepting, approving and certifying Final Environmental Impact Report No. 144; 2. Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; 3. Find that the facts set forth in the Statemenp of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; 4. With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly be mitigated, or avoided have been eliminated or reduced to an acceptable level, an that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the unavoidable environmental effects, are acceptable; 5. Approve Tentative Map of Tract No. 14025 with the Findings and subject to the Conditions suggested by the Planning Commission; Volume 43 - Page 418 f 1 CITY OF NEWPO'RT BEACH COUNC IL MEMBERS MINUTES �GpOctober 30, 1989INDEX ROLL CAL 6. Sustain the action of the T/P 3361 Planning Commission and approve Site Plan Review No. 52, Use Permit No. 3361, Traffic Study No. 59 and Coastal Residential Development Permit No. 18, with added Conditions No. 11 and 12 on Use Permit No. 3361 prohibiting charter boat operations on the site and requiring the commercial and marina parking to be provided at no charge; and 7. Property owner shall provide on-site receptacles that will permit residents to recycle aluminum, glass, and newspaper, and arrange for pickup of recyclables on a _timely basis. Council Member Watt emphasized her desire to have the Council consider, at some point in time, the issue of employee transportation in general, and participation in the Transportation Resource Center. Mayor Strauss commented that he felt this project was "well done;" however, he is concerned about the height of the structure and does not want this project to set a precedent for future projects on the waterfront. The staff reviewed again the proposed view corridor, noting the minimum width of 100 feet on the ground level with a minimum of 50 feet on the second and third floors. It was also pointed out that the parking structure is all subterranean. All Ayes There being no further comments, the motion was voted on and carried. 5. Mayor Strauss opened the public hearing U/P 3329(A) and City Council review of an APPEAL by (88) JAN D. VANDERSLOOT, M.D., from the approval by the Planning Commission on September 7, 1989, of TRAFFIC STUDY NO. Trfc Stdy 58 AND USE PERMIT NO. 3229 (AMENDED), 58 requests of Lee West, Newport Beach, to convert an approved employees' cafeteria into a restaurant facility, with on-sale beer and wine, which will operate in conjunction with an auto dealership located at 3000 West Coast Highway, on Volume 43 - Page 419 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES G Sy N� y 00 1c 92�yiP02 G;3 G9�A to to October 30, 1989 ROLL CALL � 0 INDEX separate, and there may be a way in U/P 3361 which the trash for the commercial component of the project could be segregated. Discussion ensued regarding recyclable materials and the collection thereof, wherein the City Attorney advised that if the Council desires, a condition of approval could be imposed requiring the applicant to comply with subsequent policy and ordinances concerning recyclable materials, inasmuch as the Council will be considering new regulations on this issue in the very near future. In response to questions raised by Council Member Hart pertaining to the height of the structure and the width of the sidewalks, staff advised that the maximum height of the structure as shown on the plans is 38 feet at ridge line, with the average roof height at 35 feet. The sidewalk on 28th Street will be 8 feet in width, whereas the sidewalk on 26th Street will be either 5 or 6 feet wide. The floor area ratio is .97. John Newcomb, 1821 W. Bay Avenue, applicant, addressed the Council and stated that he had met with many citizens groups and neighbors in the area regarding the proposed project; he felt the development would be an asset to the community, and concurs with the recommendation of staff. Regarding the recycling of trash, he is willing to designate an area where residents can voluntarily place their aluminum cans, newspapers, etc., and he will work with the appropriate entity for collection of same. Pertaining to the additional condition regarding free parking for commercial and marina use, he stated he would like to leave the commercial parking open and if it becomes a problem due to unauthorized use, (such as beach goers) then either a security guard or gate mechanism would be utilized; and to that extent he is willing to accept the condition to not charge for parking. He further stated he concurred with the condition prohibiting charter boat operations on the site. With respect to employee transportation to the site, he stated bicycle spaces will be provided in the parking garage for those users, in addition there is an Orange County Volume 43 - Page 417 y C1Y OF NEWPORT 8 CH COUNCIL MEMBERS MINUTES G N9\1 \ O�2�ROLL CALL �� October 30, 1989 INDEX contains 35 dwelling units for U/P 3361 condominium purposes and 2,500 sq. ft. of commercial space. The project is divided into two building groups, separated by a ground level corridor and has a minimum width of 100 feet between the buildings. On the second and third floors, above ground level, the window to the bay is reduced to approximately 50 feet. The open areas of the project are landscaped with turf, fountain, and seating areas. The open areas of the, plan constitute 65% of the site. In addition, there is a walkway in front of the project which is 10 feet in width and is adjacent to the water. There are four residential floor plans varying in size from 1600 sq. ft. for 2 bedrooms to 1800 sq. ft. for 3 bedrooms. There will also be four dwelling units developed off site on property across from this parcel which will be coming before the City Council at a future date. There will be 194 parking spaces provided, 88 spaces for residential at a ratio of 231 parking spaces per dwelling unit, and 106 spaces for commercial development, including 16 spaces for a 21 slip boat marina. Each of the parking areas is independently accessible, and 183 parking spaces will be in a subterranean parking structure with 9 parking spaces on the surface. The City's regulations provide a floor area ratio of 1.6 x the buildable area of the site. The project is actually at .97 which indicates the project is substantially below the required floor area ratio. Since the approval of the Planning Commission, there have been some issues raised regarding charter boat operations and charging a fee for commercial and marina parking, and as a result of those concerns, two additional conditions of approval have been added prohibiting charter boat operations on the site and requiring the commercial and marina parking to be provided at no charge. Further, there is also a concern with regard to refuse collection and the collection of recyclable materials. In this development, the residential units, are located on the second and third floors of the project and the applicant is proposing trash shutes on each level where the trash will be deposited in dumpsters for pickup. The trash storage areas for commercial and residential are Volume 43 - Page 416 y 7 • , CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES G \\P %P\ �A ti92�ROLL CALL October 30, 1989 INDEX "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area; AND C. TRAFFIC STUDY NO. 59 - Request to Trfe Stdy 59 approve a arafTic s—tuUy so as to permit the construction of a mixed-use residential/commercial development containing 35 residential units and 22,500 sq. ft. of commercial development; AND D. TENTATIVE TRACT MAP NO. 14025 - Tent Tr Mp Request to subdivide 26 existing 14025 lots into a vertical subdivision containing two lots for residential condominium purposes, one lot for commercial and marina purposes, one lot for residential parking purposes, and one lot for commercial parking purposes, in conjunction with the construction of a mixed residential/commercial development containing 35 residential condominium units and 22,500 sq. ft. of commercial development, on property located in the "Recreational and Marine Commercial" are of the Cannery Village/McFadden Square Specific Plan Area; AND E. COASTAL RESIDENTIAL DEVELOPMENT CRD Prmt 18 PERMIT NO. 18 - Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 35 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to low- and Moderate- Income Housing within the Coastal Zone. Report from the Planning Department. The Planning Director explained the five above-listed applications, and described the project as a 3,-story project, 35 feet in height, and 2 stories of residential above a single-story of commercial. The residential component Volume 43 - Page 415 it CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES G �9 s� y n0 4 �Z 2�0 G; �) 9�A t 'd. October 30, 1989 ROLL CALL 0000 0 0 INDEX Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to introduce Ordinance Ord 89-32 All Ayes No. 89-32, and pass to second reading on November 13, 1989, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.63.035 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ALLOW MIXED USE RESIDENTIAL/COMMERCIAL AND RETAIL LAND USES AS PERMITTED USES IN THE RECREATIONAL AND MARINE COMMERCIAL DISTRICT OF THE CANNERY VILLAGE/MCFADDEN SQUARE SPECIFIC PLAN [PLANNING COMMISSION AMENDMENT NO. 6891. 4. Mayor Strauss opened the public hearing U/P 3361 and City Council review of the following (88) applications of N/R MARINA PARTNERS, Newport Beach, on property located at, 2602-2620 Newport Boulevard, on the southeasterly corner of 28th Street and Newport Boulevard, in the Cannery Village/McFadden Square Specific Plan; zoned SP-6. A. SITE PLAN REVIEW NO. 52 - Request Site Pln to permit the construction of a Rv 52 mixed-use residential/commercial development which includes two buildings containing 35 residential condominium units and 22,500 sq. ft. of commercial floor area on property located in the "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area; and the acceptance of an environmental document; AND B. USE PERMIT N0. 3361 - Request to permit the construction of a mixed-use residential/commercial development which exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District, which includes general commercial and office uses in conjunction with incentive uses, and which has a commercial floor area ratio less than 0.25 on property located in the Volume 43 - Page 414 1 City Council Meg October 30. 1989 Agenda Item No. D-4 CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: A Site Plan Review No. 52 Request to permit the construction of a mixed use residential/ commercial development which includes two buildings containing 35 residential condominium units and 22,500 sq.ft. of commercial floor area on property located in the "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area; and the acceptance of an environmental document. AND B. Use Permit No. 3361 Request to permit the construction of a mixed use residential/ commercial development which exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District, which includes general commercial and office uses in conjunction with incentive uses, and which has a commercial floor area ratio less than 0.25 on property located in the "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area. AND C. Traffic Study No. 59 Request to approve a traffic study so as to permit the construction of a mixed use residential/commercial development containing 35 residential units and 22,500 square feet of commercial development. AND D. Tentative Tract Map No. 14025 Request to subdivide 26 existing lots into a vertical subdivision containing two lots for residential condominium purposes, one lot for commercial and marina purposes, one lot for residential parldng purposes, and one lot for commercial parking purposes, in conjunction with the construction of a mixed residential/commercial development containing 35 residential condominium units and TO: Plan9g Commission - 2. 22,500 sq.ft. of commercial development, on property located in the "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area. AND E Coastal Residential Development Permit No. 18 Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 35 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low- and-Moderate-Income Housing within the Coastal Zone. LOCATION: Lots 1-12 of Block 324,Lancaster's Addition, Newport Beach together with Lots 1-14 of Block 224, Section A, Newport Beach, located at 2602 - 2620 Newport Boulevard, on the southeasterly comer of 28th Street and Newport Boulevard, in the Cannery Village/McFadden Square Specific Plan. ZONE: SP-6 APPLICANT: N/R Marina Partners, Newport Beach OWNER: Same as applicant ENGINEER: K. W. Lawler and Associates, Inc., Tustin AgWications If approved, the applications described above will allow the construction of a three story, mixed use residential/commercial project with a below grade parking structure. The Newport Beach Municipal Code and the City Council Policy Manual contain review procedures for these applications, as follows: Site Plan Review in Section 20.01.070, Use Permits to exceed the basic height limit in Section 20.63.045(1-1) and Chapter X80, Use Permits for general commercial and office uses in conjunction with incentive uses in Section 20.63.035, Use Permits for commercial floor area in mixed use developments less than 0.25 FAR in Section 20.07.040(C), Traffic Studies in Chapter 15.40 and Policy S-1, Coastal Residential Development Permits in Policy P-1, and Tentative Tract Maps in Chapter 19.12. Suggested Action Hold hearing; close hearing; if desired, approve the project as recommended by the Planning Commission and TO: Plartg Commission - 3. • 1. Adopt Resolution No. , accepting, approving and certifying Final Environmental Impact Report No. 144; 2. Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; '3. Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; 4. With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will , result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an accept- `I able level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the unavoidable environmental effects, are acceptable; 5. Approve Tentative Map of Tract No. 14025 with the findings and subject to the conditions suggested by the Planning Commission; 6. Sustain the action of the Planning Commission and approve Site Plan Review No. 52, Use Permit No. 3361, Traffic Study No. 59 and Coastal Residential Development Permit No. 18, with added Conditions No. 11 & 12 on Use Permit No. 3361 prohibiting charter boat operations on the site and requiring the commercial and marina parking to be provided at no charge. Planning Commission Recommendation At its meeting of October 5, 1989, the Planning Commission voted (5 Ayes, 2 Absent) to recommend approval of a Tentaive Tract Map and approve a Site Plan Review, Use Permit, Traffic Study and Coastal Residential Development Permit for the proposed project. An excerpt of the Planning Commission minutes and a copy of the staff report prepared for the Planning Commission have been attached for the information of the City Council. Discussion In determining to call up for review the various applications associated with this project, the City Council discussed additional conditions of approval regarding charter boat operations and commercial parking. Staff suggests the following additional conditions be i attached to Use Permit No. 3361, as follows: 11. That commercial charter boat operations be prohibited on the project site. TO. Plan*g Commission - 4. 12. That the parking provided for commercial and marina land uses be available at no charge for employees and customers. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By AtriciaLt Temple Principal Planner Attachments: 1. Draft Resolution Certifying EIR No. 144 2. Statement of Fact and Findings 3. Statement of Overriding Considerations 4. Final EIR No. 144 - Comments and Responses 5. Excerpt of Planning Commission Minutes 6. Planning Commission Staff Report 7. Draft Environmental Impact Report No. 144 8. Plans and Elevations 9. Tentative Map of Tract No. 14025 10. Photos of Plans and Elevations PLT/WP50 CC\SPR52.SR1 • ATTACH* 1, 2 & 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE AND ADEQUATE THE FINAL ENVIRONMENTAL IMPACT REPORT NO. 144 FOR THE 28TH STREET MARINA PROJECT WHEREAS, the Draft Environmental Impact Report No. 144 provided environmental impact assessment for the proposed 28th Street Marina Project; and WHEREAS, the DEIR was prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and Council Policy K-3; and WHEREAS, the DEIR was circulated to the public for comment and review; and WHEREAS, written comments were received from the public during and after the review period; and WHEREAS, the Planning Commission of the City of Newport Beach conducted a public hearing to receive public testimony with respect to the DEIR; and WHEREAS, such comments and testimony were responded to through Response to Comments and staff reports submitted to the Planning Commission and City Council; and WHEREAS, such comments and testimony were fully and adequately responded to in the manner set forth in California Administrative Code Section 15088 (b); and WHEREAS, the Planning Commission of the City of Newport Beach has reviewed all environmental documents comprising the EIR and has found that the EIR considers all environmental impacts of the proposed 28th Street Marina Project and is complete and adequate and fully complies with all requirements of CEQA and the CEQA Guidelines; and WHEREAS, the City Council has reviewed and considered the information contained in the certified final EIR in maldng its decision on the proposed 28th Street Marina Project; and WHEREAS, the City Council desires to approve the project; and • WHEREAS, the City Council by this Resolution adopts the Statement of Facts and Statement of Overriding Considerations as required by Sections 15091 and 15093 of the State CEQA Guidelines; and WHEREAS, Section 21002.1 of CEQA and Section 15091 of the State CEQA Guidelines require that the City Council make one or more of the following Findings prior to the approval of a project for which an EIR has been completed, identifying one or more significant effects of the project, along with Statements of Facts supporting each Finding: FINDING 1-Changes or alterations have been required in,or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the EIR. FINDING 2- Such changes or alterations are within the responsibility and jurisdiction or another public agency and not the agency mating the Finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. FINDING 3 - Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR; and WHEREAS, Section 15092 provides that the City shall not decide to approve or carry out a project for which an EIR was prepared unless it has (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings under Section 15091, and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093; and WHEREAS, Section 15093 (a) of the State CEQA Guidelines requires the City Council to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project; and WHEREAS, Section 15903 (b) of the State CEQA Guidelines requires, where the decision of the City Council allows the occurrence of significant effects which 2 0 • are identified in the EIR but are not mitigated, We City must state in writing the reasons to support its action based on the EIR or other information in the record. NOW,TBEREFORE,BE IT RESOLVED by the City Council of the City of Newport Beach that: 1. The City Council makes the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final EIR, together with the Finding that each fact in support of the Finding is true and based upon substantial evidence in the record, including the Final HR. The Statement of Facts is attached hereto as Exhibit 1 and incorporated herein by this reference as if fully set forth. 2. The City Council finds that the Facts set forth in the Statement of Overriding Considerations are true and supported by substantial evidence in the record, including the Final EIR. The Statement of Overriding Considerations is attached hereto as Exhibit 2 and incorporated herein by this reference as if fully set forth. 3. The City Council finds that the Final SIR has identified all significant environmental effects of the project and that there are no known potential environmental impacts not addressed in the Final EIR. 4. The City Council finds that all significant effects of the project are set forth in the Statement of Facts. 5. The City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the project is approved, all significant effects that can be feasibly avoided or mitigated have been avoided or mitigated by the imposition of Conditions on the approved project and the imposition of mitigation measures as set forth in the Statement of Fact and the Final EIR. 6. The City Council finds that potential mitigation measures and project alternatives not incorporated into the project were rejected as infeasible, based upon specific economic, social and other considerations as set forth in the Statement of Facts and the Final EIR. 7. The City Council finds that the unavoidable significant impact of the project, as identified in the Statement of Facts, that has not been reduced to a level of insignificance has been substantially reduced in impact by the imposition of Conditions on the approved project and the imposition of mitigation measures. In making its 3 decision on the project,the Planning Commission has given greater weight to the adverse environmental impact. The City Council finds that the remaining unavoidable significant impact is clearly outweighed by the economic, social and other benefits of the project, as set forth in the Statement of Overriding Considerations. 8. The City Council finds that the Final EIR hark, described all reasonable alternatives to the project that could feasibly attain the basic objectives of the project, even when those alternatives might impede the attainment of other project objectives and might be more costly. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decisions on the project. 9. The City Council finds that the project should be approved and that any alternative to this action should not be approved for the project based on the Information contained in the Final EIR, the data contained in the Statement of Facts and for the reasons stated in the public record and those contained in the Statement of Overriding Considerations. lo, The City Council finds that a good faith effort has been made to seek out and incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project, including the Final EIR. 11. The City Council finds that during the public bearing process on the 28th Street Marina Project, the Environmental Impact Report evaluated a range of alternatives. The project, as approved by this action, is included in that range of alternatives. The City Council has considered the recommendation of the Planning Commission in its decision on the project. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby certify the Final Environmental Impact Report No. 144 for the 28th Street Marina Project as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality Act and the State CEQA Guidelines. Said Final Environmental Impact Report is comprised of the following elements: 1. Draft EIR and Technical Appendices 2. Responses to Comments 3. Planning Commission Staff Reports i 4 4. Planning Commission Minutes S. Planning Commission Findings and Conditions for Recommended Approval 6. City Council Staff Reports 7. City Council Minutes 8. City Council Resolutions and Findings and Conditions for Approval 9. Comments and Responses received prior to final action and not contained in 1 through 8 above. All of the above information has been and will be on file with the Planning Department,City of Newport Beach,City Hall,3300 Newport Boulevard,Newport Beach, California 92659.1768, (714) 644-3225. ADOPTED THIS day of . 1989. R ATTEST: CITY CLERK PLT/WP50 ED\EIR144.RS1 5 q I • • Exhibit 1 • CEOA STATEMENT OF FINDINGS AND FACTS SITE PLAN RMEPA NO S2. ME EMIT NO. 3361 TENTATIVE TRACT MAP NO 14025 COASTAL RECiDFNTiAi DEVELOPMENT PERMIT NO 18 AND TRAFErr. cTIIDY NO. 59 28TH STREET MARINA PRO.IECT ENVIRONMENTAL IMPACT REPORT NO 144 SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT B&AVOIDED IF THE PROPOSED PROJECT IS IMPLEMENTED, FINDINGS WITH RESPECT TO SAID EFFECTS AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED CERTIFICATION OF AN ENVIRONMEN- TAL IMPACT REPORT, APPROVAL OF AN AMENDMENT WITH MODIFICA- TIONS AND A TRAFFIC STUDY FOR THE 28TH STREET MARINA PROJECT, CITY OF NEWPORT BEACH, CALIFORNIA. BACKGROUND The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and I urisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic,social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines)." The City of Newport Beach is considering approval of a request to permit the construction of a mixed use residential/commercial development which includes two buildings containing 35 residential condominium units and 22,500 sq.ft. of commercial floor area on property located in the Recreational and Marine Commercial area of the Cannery Village/McFadden Square Specific Plan Area. The project includes the certification of an Environmental Impact Report, review of a site plan, and approval of a use permit to allow a building height in excess of 26 feet but not exceeding 35 feet, the commercial component of the project to be less than 0.25 FAR and providing incentive uses in conjunction with general commercial uses, tentative tract map, coastal residential development permit, and a traffic study. Because the proposed actions constitute a project under the CEQA Guidelines, the City of Newport Beach has prepared an Environmental Impact Report (EIR). This EIR has identified certain significant effects which may occur as a result of the project on a cumulative basis in conjunction with other past,present and reasonably foreseeable future projects. Further, the City desires to approve this project and, after determining that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines, the findings set forth are herein made: Ultimate development of the project will result in certain significant unavoidable adverse impacts to the environment, as indicated below and in the Final EIR. With respect to those impacts, the City Council of Newport Beach makes the findings as stated on the following pages. 10i • , 2 FINDINGS AND FAM IN SUPPORT OF FINDINGS FOR SIGNIFI� EMMONMENTAT EFFECTS OF THE PROMCT EFFECTS DETERMINED TO BE INSIGNIFICANT NOISE Increases in noise levels generated by project-related traffic are less negligible. LAND USE The proposed project will result in demolition of existing under-utilized office/marine commercial uses and a large vacant asphalt lot. AESTHETICS • The proposed project will result in replacement of single-story office/marine commercial uses with two three-story buildings (35 feet in height) with a subterranean parking garage. TRAFFIC AND CIRCULATION Two of eight intersections analyzed exceed the one percent volume criteria when project traffic is added to 1991 traffic conditions. Of these, the Intersection Capacity Utilization ratio will not be increased to a level over 0.9 by project traffic. PUBLIC SERVICES AND UTILITIES • The project will add to area-wide demand for fire protection and paramedic services. The project will not require an additional fire station, equipment or personnel. • Demand on police services will not increase significantly due to the project. No additional personnel or equipment will be needed. ' The project will not adversely impact the park and recreation services. ' The project will generate'a maximum of 7.2 students. This increase in student population will not adversely effect schools serving the site. AIR QUALITY • There is a slight potential for nuisance odors to affect the project site generated from adjacent boatyard activities. ' The proposed design of the subterranean parking garage contains two vents which will release air from the garage at the roof top level. This is the most desirable location for venting underground parking areas. 1 f • • 3 EFFECTS DETERMINED To BE is n GABLE TO LEVEL of INSIGNMCANCR TRAFFIC AND CIRCULATION Significant Effect Construction activity will increase truck traffic during some periods. This increase could conflict with summer and non-summer peak traffic periods. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department prior to issuance of demolition, grading, or building permits. 2. No construction storage or delivery of materials shall be allowed within the Newport Boulevard right-of-way. 3. Prior to issuance of any Grading Permits, a parking plan showing how workers will be able to park without using on-street parking must be submitted and approved by the Public Works Department. 4. No earthwork hauling operations,major concrete placement and other construction operations requiring more that 32 trips per day or 4 trips/hour by trucks with more than 3 axles be scheduled to occur between June 1 and September 15, and one week before and after Easter. S. Construction staging,,materials storage, and worker parking shall be provided on the adjacent site owned by the applicant which is located on the northwest corner of 28th Street and Newport Boulevard. AIR QUALITY Significant Effect During the grading/excavation phase, there is a potential for increased dirt and dust on and along the truck haul routes. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. A dust control program in compliance with South Coast Air Quality Management District Rule 403 shall be implemented during demolition, excavation, and , 4 construction. This program shall include such measures as: containing soil on- site until it is hauled away; periodic watering of stockpiled soil; and, regular vacuum sweeping of streets used for the haul operation to remove accumulated material. NOISE Significant Effect ' The project will be exposed to noise levels from Newport Boulevard in excess of standards. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. All exterior living areas (e.g.balconies and patios) which lie within the 65 CNEL contour shall be constructed with 6-foot high noise barriers. The noise barrier shall be continuous (no opening or gaps) and have a minimum density of 3.5 pounds per square foot. The walls may be stud walls with cement plaster exterior, 1.4 inch plate glass, 5.8 inch plexiglass, any masonry material, or any combination of these materials. Wood and other materials may be used if specifically designed as noise barriers. 2. All units exposed to exterior noise levels higher than 65 CNEL shall be constructed so as to achieve interior noise levels no greater than 45 CNEL. Prior to issuance of a buildingermi4 a qualified acoustical engineer shall review final architectural plans to etermine hat building upgrades will be necessary to achieve this standard. The City Engineer shall require that such upgrades be incorporated into the plans prior to issuance of the Building permit. Most likely the only building upgrade that will be required is higher rated windows such as 3.16 inch single pane glass for all windows that are exposed to Newport Boulevard. 3. All units that have a window exposed to Newport Boulevard, shall be required to install mechanical ventilation. Air conditioning is an acceptable substitute for mechanical ventilation as long as it meets the Uniform Building Code requirements. 4. Prior to issuance of an occupancy permit, the City Engineer shall require that an acoustical analysis be conducted by a qualified acoustical engineer (at the developer's expense). This analysis shall determine if all noise mitigation has been installed as required and that noise levels will meet City standards. The noise measurements shall be taken at that point in the worst case unit where the highest noise levels are expected. if different noise attenuation methods are used for different units, then a worst case unit for each method shall be tested. Significant Effect During construction, dewatering and excavation activities may cause high noise levels impacting surrounding areas. �3 5 Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Construction activities will be conducted in accordance with Newport Beach City Uniform Building Code, which limits the hours of construction and excavation work to 7:00 am. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. 2. The applicant shall apply for a waiver of City noise abatement regulations to allow for dewatering and pouring of the basement slab. The continuous concrete pour shall be scheduled on a non-summer weekend outside of the peak traffic period. 3. At the time the City removes the requested waiver of City noise abatement regulation to allow for dewatering and pouring of the basement slab, the City Engineer shall determine if it is necessary to require barriers or baffles to reduce noise from,construction equipment so as not to exceed 55 dBA at the property lines. If required, the developer shall install such measures prior to beginning any activities for which a waiver was granted. 4. Electric pump motors shall be required for dewatering equipment to reduce noise levels. GEOLOGY/SOILS Significant Effect The site may be subject from an earthquake on a regional fault. The site is subject to moderate to high risk of liquefaction. Existing fill is not suitable to build on. Existing beach/alluvial soils are not suitable to build on. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soils engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. • 6 3. Recommendations included in the 1989 South Coast Geologic Services' Geotechnical Report and the subsequent study required by the following mitigation, shall be incorporated into project design where appropriate. The Building Department shall verify the application of the appropriate recommendations prior to issuance of grading permits. 4. A supplemental subsurface investigation shall be performed "subsequent to demolition of the existing buildings to obtain subsurface data in those areas inaccessible during previous studies. 5. The upper ten feet of soil material (primarily unsuitable fill) shall be removed. Remaining soil to a distance at least five feet below and beyond the proposed structure shall be densified as described in the Geotechnical Report contained in Appendix D (and verified or amended by the required subsequent subsurface investigation). Significant Effect The project will require excavation of soil to a depth of 10 feet. The project site is subject to high groundwater. Findine 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and baled on recommendations of a soils engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 3. Recommendations included in the 1989 South Coast Geologic Services' Geotechnical Report and the subsequent study required by the following mitigation, shall be incorporated into project design where appropriate. The Building Department shall verify the application of the appropriate recommendations prior to issuance of grading permits. 4. A supplemental subsurface investigation shall be performed subsequent to demolition of the existing buildings to obtain subsurface data in those areas inaccessible during previous studies. 5. That the grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 6. The grading permit shall include a description of haul routes, access points to the site, watering, and sweeping program designed to mitund the impact of haul operations. 7 7. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 8. The groundwater level shall be lowered to a depth at least five feet beneath the excavation bottom (about 15 feet below existing ground level). The dewatering system shall be designed and performed by qualified engineers with previous experience in this type of construction. Selection of the engineer shall be approved by the City Engineer prior to issuance of grading permits. 9. The upper ten feet of soil material (primarily unsuitable fill) shall be removed. ' Remaining soil to a distance at least five feet below and beyond the proposed structure shall be densified as described in the Geotechnical Report contained in Appendix D (and verified or amended by the required subsequent subsurface investigation). 10. Prior to issuance of grading permits, a national pollutant Discharge Elimination System (NPDES) Permit shall be obtained from the Santa Ana Regional Water Quality Control Board. Water extracted from dewatering wells shall meet current Environmental Protection Agency requirements prior to discharging into the bay. If necessary, the water shall be desilted prior to discharge. S¢nificant Effect Effects of dewatering and lateral deflection of the excavation shoring may cause ground settlement and/or lateral movement of soils on adjacent properties. Findin¢ 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Findin¢ The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments, 2. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soils engineer and an engineering geologist subsequent-to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 3. Recommendations included in the 1989 South Coast Geologic Services' Geotechnical Report and the subsequent study required by the following mitigation, shall be incorporated into project design where appropriate. The Building Department shall verify the application of the appropriate recommendations prior to issuance of grading permits. 4. A supplemental subsurface investigation shall be performed subsequent to demolition of the existing buildings to obtain subsurface data in those areas inaccessible during previous studies. 5. A detailed preconstruction survey shall be prepared to document the present condition of all building and facilities within the zone of influence of the dewatered investigation. Photographs, crack surveys, and installation of a reference benchmark beyond the zone of influence shall be included in the • • S preconstruction survey. Areas within at least 30 feet of the proposed excavation shall be monitored for any settlement and lateral movements due to possible deflection of the shoring system. Groundwater observation wells within the zone of influence shall be installed. The specific parameters of the study shall be provided to the City Engineer for review prior to issuance of the grading permit.' 6. If found necessary by the City of Newport Beach, based upon tie geotechnical information described above, the project applicant will be required to enter into an agreement and post a bond guaranteeing the repair of the public street system, utilities or other public property that might be damaged during the dewatering excavation process and the construction of subterranean improvements. 7. If found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter Into an agreement and provide a policy of insurance guaranteeing the repair of all damage to private property caused by the dewatering excavation process and the construction of subterranean improvements. WATER RESOURCES Significant Effect Extracted water resulting from dewatering will be discharged into Newport Bay. The discharge of water could significantly impact the water quality of Newport Bay. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. . Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following; 1. Prior to the issuance of grading permits, a national Pollutant Discharge Elimination system Permit shall be obtained from the Santa Ana Regional Water Quality Control Board. Water extracted from dewatering wells shall meet current Environmental Protection Agency requirements prior to discharging into the bay. If necessary, the water shall be desilted prior to discharge. 2. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. 3. Suspended solids (e.g.sand)shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the City of Newport Beach Director of Public Works Department and the Grading Engineer. 4. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. Signiflcant Effect The project site may be subject to minor flooding during the uncommon simultaneous occurrence of extremely high tides and heavy rain. � 1 i . 9 Findiny 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Existing on-site drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water, sewer, and storm drain for on-site improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording of the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. 2. Drainage facilities and architectural features shall be designed to prevent runoff from entering the garage structure, keep the garage floor slab dry from seepage, and remove oil and grease from runoff prior to discharge into public storm drams. Verification of these design features shall be made by the City Engineer prior to issuance of building permits. 3. Six (6) inches shall be added to the bulkhead cap to bring it to an elevation of nine feet above mean low water as required by the Cannery Village/McFadden Square Specific Plan. Significant Effect Construction of the project may result in short-term water quality impacts associated with erosion, litter, and debris. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. An erosion, siltation, and dust control plan shall submitted and be subject to the approval of the Building Department (prior to approval of the grading permit). A copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 2. Prior to demolition of existing structures, a complete plan for litter and debris control for the demolition, grading, and construction phases to ensure that no debris is permitted to enter Newport Harbor shall be approved by the Directors of the Planning and Marine Departments. Significant Effect Disposal of excavated materials at an ocean disposal site could have adverse impacts on water quality. 10 Findini: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. If the applicant intends to use an ocean disposal site for excavated materials, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits from the Army Corps of Engineers and the City of Newport Beach have been obtained. Such evidence shall be submitted to and verified by the Public Works Department prior to the issuance of a grading permit. Significant Effect ' Surface runoff from the site may contain urban pollutants affecting the water quality of Newport Bay. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final BUZ. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified,in the Final EIR and incorporated into the project. These measures include the following: 1. Drainage facilities and architectural features shall be designed to prevent runoff from entering the garage structure, keep the garage floor slab dry from seepage, and remove oil and grease from runoff prior to discharge into public storm drains. Verification of these design features shall be made by the City Engineer prior to issuance of building permits. 2. Landscaped areas shall be irrigated with a system designed to avoid surface runoff and over-watering. 3. A landscape plan shall be submitted which includes a maintenance program that controls the use of fertilizers and pesticides. PUBLIC SERVICES Significant Effect ' The project will require the use of domestic water and the sanitary sewer system. Findin¢ 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. I � ' I1 Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Final design of the project shall provide for the incorporation- of water-saving devices for project lavatories and other water-using devices. 2. Landscaped areas shall be irrigated with a system designed to avoid surface runoff and over-watering. 3. Prior to issuance of building or grading permits, a Master Plan of water and sewer facilities shall be prepared for the site. The applicant shall verify the adequacy of existing water and sewer facilities and construct any modification or facilities necessary for the project. Tbis Master Plan shall include provision for the relocation of existing water and sewer facilities. ' �0 12 SIGNTFICANT EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED The following effects are those determined by the City of Newport Beach to be significant environmental effects which cannot be avoided if the project is implemented. All significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. The remaining, unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable environmental effect. TRAFFIC/NOISE/AIR QUALITY Si_enificant Effect The project will incrementally result in increased traffic, air pollutant emissions, and noise levels in the immediate vicinity. In concert with other past,present and reasonably foreseeable future projects, the proposed project is expected to incrementally contribute to a significant cumulative adverse impact on traffic, air pollution, and noise levels in the vicinity of the project. Findings 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 3. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR (Section 15091 of the Guidelines). Facts in Support of Findines The significant effect has been substantially lessened by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department prior to issuance of demolition, grading, or building permits. 2. No construction storage or delivery of materials shall be allowed within the Newport Boulevard right-of-way. 3. Prior to issuance of any Grading Permits, a parking plan showing how workers will be able to park without using on-street parking must be submitted and approved by the Public Works Department. 4. No earthwork hauling operations,major concrete placement and other construction operations requiring more that 32 trips per day or 4 trips/hour by trucks with more than 3 axles be scheduled to occur between June 1 and September 15, and one week before and after Easter, 5. Construction staging, materials storage, and worker parking shall be provided on the adjacent site owned by the applicant which is located on the northwest comer of 28th Street and Newport Boulevard. 6. Pursuant to Section 15.45 of the Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation improvements, 13 7. A dust control program in compliance with South Coast Air Quality Management District Rule 403 shall be implemented during demolition, excavation, and construction. This program shall include such measures as: containing soil on- site until it is hauled away; periodic watering of stockpiled soil; and, regular vacuum sweeping of streets used for the haul operation to remove accumulated material. 7. Construction activities will be conducted in accordance with Newport Beach City Uniform Building Code, which limits the hours of construction and excavation work to 7:00 a.m. to 6:30 p.m. on weekdays, 8:00 am. to 6:00 p.m. on Saturdays and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. 8. The applicant shall apply for a waiver of City noise abatement regulations to allow for dewatering and pouring of the basement slab. The continuous concrete pour shall be scheduled on a non-summer weekend outside of the peak traffic period. 9. At the time the City removes the requested waiver of City noise abatement regulation to allow for dewatering and pouring of the basement slab, the City Engineer shall determine if it is necessary to require barriers or baffles to reduce noise from construction equipment so as not to exceed 55 dBA at the property lines. If required,the developer shall install such measures prior to beginning any activities for which a waiver was granted. 10. Electric pump motors shalt be required for dewatering equipment to reduce noise levels. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the one making the finding. 1. The State Department of Transportation has the overall responsibility for major roadways and freeways in the region. 2. The State Air Resources Board is responsible for the attainment of national air quality standards. 3. The South Coast Air Quality Management District is responsible for basin air quality. 4. The Southern California Association of Governments in association with the SCAQMD is responsible for the Air Quality Management Plan (AQMP) for the airshed. The significant effect has been substantially lessened to the extent feasible, however, specific economic,social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final SIR. 1. The project represents the best balance and mix of uses for the project area, all factors considered. 2. The alternatives set forth for the site were rejected for the reasons as set forth below and in the subsequent sections of this statement. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations and in view of the fact that the impact identified is considered significant only on a cumulative basis, resulting from the proposed project in association with other past,present and reasonably foreseeable future projects. 14 NOISE Shmificant Effect Temporary noise levels related to pouring concrete for the foundation cannot be mitigated to an insignificant level. Findings 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as Identified in the Final EIR. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines). Facts in Support of Findings The significant effect has been substantially lessened to the extent that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 1, Pouring of the basement slab shall be scheduled so as to encompass only one nighttime period. 2. The applicant shall apply for a waiver of City noise abatement regulations to allow for dewatering and pouring of the basement slab. The continuous concrete pour shall be scheduled on a non-summer weekend outside of the peak traffic period. 3. At the time the City removes the requested waiver of City noise abatement regulation to allow for dewatering and pouring of the basement slab, the City Engineer shall determine if it is necessary to require barriers or baffles to reduce noise from construction equipment so as not to exceed 55 dBA at the property lines. If required, the developer shall install such measures prior to beginning any activities for which a waiver was granted. The significant effect has been substantially lessened to the extent feasible, however, specific economic,social,or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. 1. The project represents the best balance and mix of uses for the project area, all factors considered. 2. The alternatives set forth for the site were rejected for the reasons as set forth above and in the subsequent sections of this statement. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations and in view of the fact that the impact identified is considered significant only on a short-term basis. a3 15 PROJECT ALTERNATIVES � Findings 1. The project has been designed in a manner so as to provide the greatest public involvement in the planning and CEQA process. 2. The following provides a brief description of project alternatives.\ 3. The alternatives were rejected in favor of the current project proposal. 4. The rationale for rejection of each alternative is provided below. 5. The rejection rationale is supported by the public record including,but not limited to, the Certified Final EIR, NO PROJECT ALTERNATIVE The No Project Alternative provides for no new development on the site. Findings Specific economic, social, or other considerations make infeasible the No Project Alternative described in the Final EIR in that: 1. The No Project Alternative does not provide for a revitalization of the site which is consistent with the goals and development standards of the Cannery Village/McFadden Square Specific Area Plan. 2. The No Project Alternative would not provide for increased marine-related commercial opportunities. 3. The No Project Alternative would not provide for increased residential uses. 4. The No Project Alternative would not provide increased physical and visual access to Newport Harbor. HOTEL ALTERNATIVE The Hotel Alternative assumes development of a three-story 150-room hotel totalling 94,000 s.E Flndines Specific economic, social, or other considerations make infeasible the six-story office alternative described in the Final EIR in that: 1. The alternative would generate more traffic than the proposed project. 2. The scale of the development would appear more intense. 3. No visual access to the Newport Harbor would be provided. 4. The project would provide visitor-serving facilities, but no marine-commercial or residential uses. RESIDENTIAL ALTERNATIVE A residential alternative could be: 1) 20 units on about 4500 s.f, lots; 2) 36 units in a two story structure with a combination of above grade and subterranean parking; and, 3) 50 units with subterranean parking or a parking structure, ' a� 1 16 Findings 1. Development of solely residential uses is not allowed on the site by the Land Use Element and Cannery Village/McFadden Square Specific Area Plan unless it is in conjunction with marine commercial on the ground floor of the structure. 2. The smaller 20-unit, more traditional subdivision would be significantly out of character with the surrounding area. 3. Noise attenuation for the 204init subdivision would required a noise wall that would block views to the Newport Harbor. 4. If parking is not subterranean, views across the site would be effected by the light/glare from parked cars and security lighting. 5. This alternative would not provide increased marine commercial uses. COMMERCIAL ALTERNATIVE This alternative would include a mix of marine commercial/office uses. Depending on the uses proposed, the FAR could range from .50 to 1.0. This intensity of development would require either subterranean parking or above ground parking garages. Findings 1. This alternative would generate significantly more traffic than the project. 2. This alternative would cause a greater incremental contribution to cumulative impacts related to traffic, noise, and air quality. 3. The alternative would not provide additional residential uses in the area. ALTERNATIVE LOCATIONS The project could be developed in other locations of Newport Beach. Findings 1. Given the orientation of the project to marine commercial use and view-oriented residential, any other location would remain in the vicinity of Newport Bay. 2. The contribution of the alternative to cumulative traffic, air quality, and noise impacts would remain the same. REDUCED INTENSITY This alternative would be a two-story version of the proposed project with marine. commercial on the ground floor and 18 residential units on the second floor. Findings 1. The reduced density of the project might make construction of the subterranean parking garage economically infeasible. If so, then an above ground parking structure and parking lot would be necessary. This would create a project with greater mass and visual impact. 2. The project could provide less visual access to the Newport Harbor than the project. a� • Exhibit 2 STATEI\EM OF OVERRiDING CONSIDERATIONS The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Newport Beach has determined that the unavoidable risks of this project, giving greater weight to the unavoidable environmental risks. In making this determination, the following factors and public benefits were . considered or decisions made: 1. The proposed project is consistent with other existing uses in the vicinity of the project and the community in general. 2. The proposed project represents in6ll development located in an urban area where adequate facilities and services exist. 3. The density and intensity of the project is appropriate. 4. The proposed project will contribute to a fair share of local and regional roadway improvements, specifically the City's Fair Share Traffic Contribution Ordinance. 5. The project will provide commercial space which will serve marine-related businesses. 6. The project will provide increased housing opportunities. 7. The project has been designed to be sensitive to the surrounding neighborhood by: • including a "view corridor" • providing adequate parking • dedicating a 1110-foo0 public walkway along the bayfront • providing an architecturally aesthetic project that upgrades the area while blending into the existing neighborhood PLT/WP50 ED\EM144.FDG /" li • ATTACHMENT NO. 4 FINAL ENVIRONMENTAL IMPACT REPORT NO. 144 28TH STREET MARINA PROJECT SCH# 89032930 CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92659-1768 CONTACT PERSON: PATRICIA TEMPLE (714) 644-3225 ABS PLANNING, INC. 3085 NESTALL ROAD LAGUNA BEACH, CA 92651 CONTACT PERSON: ANNETTE SANCHEZ BAESEL (714) 497-8915 October 23, 1989 �1 COMMENT5 Copies of all comments received as of October 23, 1989 are contained in this report. Comments have been numbered and responses have been correspondingly numbered. Responses are presented for each comment which raised a significant environmental issue. The comments and responses which are included in this report will become part of the Environmental Impact Report at such time as they accepted as adequate by the certifying body. Commentators Comment/Response Series 1. Letter - September 28, 1989 CI - 1 Steve Letterly Environmental Services City of Irvine 2. Letter - October 12, 1989 EMA - 1-3 Kari A. Rigoni Planning Department Orange County Environmental Management Agency 3. Letter - October 19, 1989 EQAC - 1-9 William Morris Environmental Quality Affairs Committee City of Newport Beach 4. Letter - October 20, 1989 OPR - 1 David C. Nunenkamp Office of Planning and Research State of California 2 i i U O R1 City of Irvine, One Civic Center Plaza, PO Box 19575, Irvine, California 92713 (714) 724.6000 September 28, 1989 , Patricia Temple City of Newport Beach Planning Department .P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 SUBJECT: DEIR #144; 28TH STREET MARINA PROJECT Dear Ms. Temple: Thank you for the opportunity to review and comment on the Draft EIR for the 28th Street Marina Project. Staff has reviewed the CI-1 DEIR and has no comments. Should you have any questions please contact Laura Coley Eisenberg, Assistant Planner, at (714) 724- 6368. XSincely,et lypa Planner Environmental Services cc: Pam Davis, Senior Planner Laura Coley Eisenberg, Assistant Planner File: Inter-agency notebook ... h 4, , ERNIE SCHNEIDER nnrtx�r DIRECTOR, EMA W�+ MICHAEL M.RUANE DIRECTOR OF PLANNING County of Orange 12GIVICCENTEATI CENTER PLAZA SANTA ANA,CA ENVIRONMENTAL MANAGEMENT AGENCY MAILING ADDRESS: Patricia Templet Principal Planner PLANNING P.O. BOX4048 P r P SANTA ANA,CA 92702-0048 City of Newport Beach Planning Department OCT 12 1989 TELEPHONE: E4j 89H4.O4M P.O. Box 1768 FAX N:835.7425 3300 Newport Boulevard FILE NCL 89-88 Newport Beach, CA 92658-8915 SUBJECT: DEIR for 28th Street Marina Project Dear Ms. Temple: The above referenced item is a draft Environmental Impact Report (DEIR) for a mixed-use residential/marine commercial development on 2.095 acres including 36 units and 21,315 sq. ft. of general recreation/marine commercial. The County of Orange has reviewed the DEIR resulting in the following comments regarding recreation and landscaping: ° In order to provide public access to the bay, it is recommended that the M-1 project proponent provide a public boat launch. ° Commercial uses on the site should be only ones which support marine activities in Newport Harbor. Waterfront development along the harbor to EMA-2 service the needs of boating interests, both recreational and commercial, are rare and should be encouraged. • It is recommended that the landscape plan for the public shoreline edgeA-g include Canary Island Date Palms and Torrey Pines to enhance project compatibility with established bayfront landscapes. Thank you for the opportunity to respond to the DEIR. If you have questions, please call Kari Rigoni at (714) 834-2109. Very truly yours, Joan S. Golding, Manager Advance Planning Division r• �, ay: � � �z�- f'0 Kari A. Rigoni, Se n Planner CH:flh(tk) 9101110553736 4 8 Ste•' ' � v1,,.`�,pG,i�tf •.��r6 � iCA4�• �.,r To: Patricia Temple, Principal Planner Q ;' City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 From: Envirnmental Quality Affairs Committee City of Newport Beach RE: 28th Street Marina Project The al ct for them 28the Street has eMarina Project,viewed the rdated tAugust a30,R1989t The following instances appear to be inadequacies in the Report. 1. The Project's EIR does not deal with open space/parks/ EQAC-1 en lieu park dedication fees or recreational facilities for residents (particularly children) who might live in the project. 2. The Project depends upon residential° uses in order to ' get the height (38 feet) and bulk which are not allowed in the Specific Area Plan. However, residential uses are not currently included in the specific Area Plan. Since EQAC-2 the Specific Area Plan has not been amended to allow the residential use, approval of this project and its vari ances appears to be premature. 3. According to the EIR (page 45) , "The proposed building height is 35 feet, which can be allowed only through the issuance of a use permit. " Furthermore, "at� 35 feet the EQAC-3 project is described in height as follows: 35 ft. above high water line and site elevation. " Meanwhile the archi- tectural drawings (7a and 7b) show a height above the site elevation of 38 feet. Currently, builders in this specific area must get variances for buildings between 26 and 35 feet in height and are not allowed to exceed 35 . feet. 4. The issue of underground parking and the cumulative imoact on both traffic and density were not addressed in the EIR. Much of the justification for the density in the' EQAC-4 Cannery Village/McFadden Square Specific Area Plan was based on above ground parking. By not addressing this issue the project' s EIR fails to address the cumulative impacts adquately. 5 , 5. The project 's EIR does not address the problem of noise which the mixed use residential/commercial/ marine might bring. Noise from restaurants, fast-food EQAC-5 stands, bars or nightclubs (particularly if there is music and if alchohol is sold) is compatable with commercial/marine uses but not residential. To miti- gate this problem, the EIR should provide a provision which prevents incompatable noise-producing uses; i.e. ' nightclubs, bars, restaurants, with music. 6. The omission of a pump-out station for the marine�EQAC-6 oriented facilities is an inadequacy in the proposed project. , 7 . The Cannery Village/McFadden Square Specific Area Plan calls for improvements in the circulation plan which will eliminate the "mixmaster" configuration but this particular project's EIR does not address the cir- E AC-7 culation in the "mixmaster" and indeed the EIR acknow- ledges that the project will contribute cumulatively to the problem. B. The economic viability of "marine-oriented facilities" (and the concomitant denser developement) has not been AC-8 addressed -in this EIR. The cumulative impacts of use EQ permits being changed from marine-oriented uses to other uses would have a major bearing on the local envirnment. 9. The EIR describes the "UNAVOIDABLE ADVERSE IMPACTS" on page 80. "Specifically, the project causes an iCOe" QAC-9 mental increase in traffic, noise, and air pollution. Sincerely, W �iam),0^v� William Morris, Chairman Citizens Environmental Quality- Affairs Committee 6 r GEORGE DEUKMEJIAN, Governor STATE OF CALIFORNIA—OFFICE OF THE GOVERNOR OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET - s' SACRAMENTO, CA 95814 fnfE2£01y'cL21 t October 20, 1989 gip, OCT231989 "01` Patricia Temple •� r��• • �.TCF�, 'fj city of Newport Beach C P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Subject: 28th Street Marina Project SCH# 89032930 Dear Ms. Temple: The State Clearinghouse submitted the above named environmental document to i selected state agencies for review. The review period is closed and• none. of the state agencies have comments. This letter eview acknowledges that you have OPR-1L s for draft L complied with the State Clearinghouse oalifornis, EnvironmentaltQuality Act. environmental. documents, pursuant to the Please call Garrett Ashley at (916) 445-0613 if you have any questions regarding the enuseathereview eightPdigitprocess. StateWhen Clearinghouse tnumber he arsoghthat in this matter, please we may respond promptly. Sincerely, j David C. Nunenkamp Chief Office of Permit Assistance 7 33 RESPONSES • The following section responds to all comments related to the Draft Environmental Impact Report. Several comments do not address the completeness or adequacy of the EIR, do not raise significant environmental issues, or request additional information. A ' substantive response to such comments is not appropriate within the context of the California Environmental Quality Act. Such comments are responded to with a "comment acknowledged" reference. This indicates that the comment will be forwarded to all appropriate decision makers for their review and consideration. City of f Irvine CI-1 Comment Thank you for the opportunity to review and comment on the draft EIR for, the 28th Street Marina Project. Staff has reviewed the DEIR and has no comments. Should you have any questions please contact Laura Coley Eisenberg, Assistant Planner, at (714) 724-6368. CI-1 Response The comment is noted and included in the final record of the project for review and consideration by appropriate decision makers. Orange Coun1y Environmental Management Agency EMA-1 Comment In order to provide public access to the bay, it is recommended that the project proponent provide a public boat launch. EMA-1 Response The comment is noted and included in the final record of the project for review and consideration by appropriate decision makers. In the review of this project a great deal of consideration was given to the provision of public access to the bay. There is a public boat launch to Street. Additionally,rea in rthettCity allows close boat launching hing a project site, stre on the beach at 19th et ends on the Balboa Peninsula. 8 EMA-2 Comment Commercial uses on the site should be only ones which support marine activities in Newport Harbor. Waterfront development along the harbor to service the needs of boating interests, both recreational and commercial, are rare and should be encouraged. EMA-2 Response The comment is noted and included in the final record of the project for review and consideration by appropriate decision makers. The City of Newport Beach General Plan establishes the priorities for the use of waterfront properties designated for Recreational and Marine Commercial. Coastal dependent uses are the highest priority. Coastal related and visitor-serving facilities are the next priority, with general commercial uses the lowest priority. The project provides a mix of the land uses, including coastal-dependent and visitor-serving uses, as required by the General Plan and the provisions of the Cannery Village/McFadden Square Specific Plan. EMA-3 Comment It is recommended that the landscape plan for the public shoreline edge include Canary Island Date Palms and Torrey Pines to enhance the project compatibility with established bayfront landscapes. EMA-3 Response The comment is noted and included in the final record of the project for review and consideration by appropriate decision makers. Environmental Ouali1y Affairs Committee EQAC-1 Comment The Project's EIR does not deal with open space/parks/in lieu park dedication fees or recreational facilities for residents (particularly children) who might live in the project. EQAC-1 Response The proposed project will be required to pay in lieu, park dedication fees as required by Chapter 19.50 of the Newport Beach Municipal Code. No park will be dedicated to the City as a result of the project. It is anticipated that the residents will make use of the recreation facilities generally available on the Balboa Peninsula. The Recreation and Open Space Element of the Newport Beach General Plan identifies deficits in recreational facilities on the Balboa Peninsula to be tennis courts, swimming pools and soccer fields. In this area, the ocean beaches can serve for recreational swimming. Tennis courts are located in close proximity to the project at Las Arenas Park. Large parcels of land for playing fields are not available on the Peninsula. It is important to 9 3� note that the Recreation and Open Space Element identifies the Balboa Pen Peninsula area as one which exceeds the 5 acres per 100 residents open space standard of the ty. City does not require the provision of private recreational facilities in small residential projects. EQAC-2 Comment The project depends upon residential uses in order to get the height (38 feet) and bulk which are not allowed in the Specific Area Plan. However, residential uses are not currently included in the Specific Area Plan. Since the Specific Area Plan has not been amended to allow the residential use, approval of this project and its variances appears to be premature. EQAC-2 Response The Cannery Village/McFadden Square Specific Plan is being amended on a separate but concurrent track with this project. The conditions of approval include a provision that the approval of this project will not become effective until the effective date of the Ordinance amending the Specific Plan. No variances are being processed in conjunction with this request. EQAC-3 Comment According to the EIR (page 45), "The proposed building height is 35 feet, which can be allowed only through the issuance of a use permit." Furthermore, "at 35 feet the project is described as follows: 35 Ft. above the high water line and site elevation." Meanwhile, the architectural drawings (7a and 7b) show a height above the site elevation of 38 feet. Currently, builders in this specific plan must get variances for buildings between 26 and 35 feet in height and are not allowed to exceed 35 feet. EQAC-3 Response Section 20.87.205 of the Newport Beach Municipal Code defines the height of buildings as follows: The height of a structure shall be the vertical distance between grade at any point and the highest point of the structure immediately above, provided that a roof shall be measured to the average heighteo athe bove roof, but that no height of the roof shall extend more than five (5) f permitted limit in the height limitation zone. The Cannery Village/McFadden Square Specific Plan further defines the point from which building height is to be measured as the greater of the high water line or the site elevation. The average roof height of the structure is the average of the ridge and eave lines. This project has a ridge line at 38 feet but an average height of 35 feet, as measured from 10 I 3�� 1 � the high water line. The building height is in compliance with the provisions of the Newport Beach Municipal Code. A variance is not needed to allow a structure to exceed the basic height limit to the second allowed height limit. This can be achieved through the review and approval of use permit, which is subject to specific criteria and findings. A structure which is higher than 35 feet (average roof height), would require the approval of a variance. This proposal does not include a variance to exceed the height limit. EQAC-4 Comment The issue of underground parking and the cumulative impact on both traffic and density were nor addressed in the EIR. Much of the justification for the density in the Cannery Village McFadden Square Specific Area Plan was based on above ground parking. By not addressing this issue the project's EIR fails to address the cumulative impacts i adequately. EQAC-4 Response The Cannery Village/Mc Fadden Square Specific Plan and the Newport Beach General Plan limit floor area for mixed use residential/commercial projects as follows: 0.5 FAR for the commercial component, 0.75 FAR for the residential component, and 0.35 FAR for any covered parking which is above ground. If above ground parking which is covered exceeds 0.35 FAR, the portion in excess of that limit would reduce either commercial or residential floor area by that amount. The total building bulk above ground which is allowed is 1.6 FAR. The proposed project has 0.25 FAR in commercial uses, 0.70 FAR in residential uses, and 0.02 FAR in above ground covered parking. These are all below the maximum allowed in the Plan. The total building bulk is 0.97 FAR, which is 39% less than the maximum allowed in the Plan. The -project also provides a significant public open space area which reduces the visual impact of the buildings. No cumulative impacts on the visual environment are anticipated. The provision of parking below grade does not increase the allowed floor area of the building, nor the traffic which is generated by the project. The provision of most of the parking below grade does reduce the potential visual mass and bulk of the project. Traffic has, however, been identified as an area where there is a cumulatively significant effect on the environment. EQAC-5 Comment EIR does not address the problem of noise which the mixed use The projects residential/commercial/marine might from restaurants, fast-food stands,bars bring.g g, or nightclubs (particularly if there is music and if alcohol is sold) is compatible with commercial/marine uses but not residential. To mitigate this problem, the EIR should 11 provide a provision which prevents incompatible noise-producing uses: i.e., nightclubs, bars, restaurants, with music. EQAC-5 Response The EIR is not required to address land uses which are not part of the project description. The proposed project shows the commercial space to be occupied by office and retail uses; no restaurants, nightclubs, bars or live music are proposed. If such uses were proposed an additional traffic study and a use permit would be required. It should be pointed out that the uses of concern also require more parking than office or retail uses. There is not any excess commercial parking sufficient to sustain the conversion to more intense restaurant uses, so the conversion to such uses is not anticipated. EQAC-6 Comment ' The omission of a pump-out station for the marine-oriented facilities is an inadequacy in the proposed project. EQAC-6 Response The comment is noted and included in the final record of the project for review and consideration by appropriate decision makers. It should be noted that the marina is only 21 slips, and that the City's Harbor Permit policies do not require the provision of pump out facilities at all marinas. EQAC-7 Comment The Cannery Village/McFadden Square Specific Area Plan calls for improvement in the circulation plan which will eliminate the "mixmaster" configuration but this project's EIR does not address the circulation in the "mixmaster" and indeed the EIR acknowledges that the project will contribute cumulatively to the problem. EQAC-7 Response The Cannery Village/McFadden Square Specific Plan does call out improvements in the area of the "mixmaster". The potential change is proposed to address problems with the configuration of the facility in order to ease the confusion which sometimes results from the crossing patterns of traffic. The mixmaster is not an intersection which experiences unacceptable levels of traffic service from a volume standpoint. The most recent ICU at this intersection is 0.47. Additionally, only 10 o of the project traffic is anticipated to travel through the mixmaster. The statement made in the EIR is that the project, in association with existing development and reasonable foreseeable future projects, will have a cumulatively significant effect on the circulation system as a whole. 12 3� EQAC-8 Comment The economic viability of "marine-oriented facilities (and the concomitant denser development) has not been addressed in this EIR. The cumulative impacts of use permits being changed from marine-oriented uses to other uses would have a major bearing on the local environment. EQAC-8 Response The marine uses being provided on site are the 21 slip marina, the parking in support of that marina (16 Spaces) and the public access easement. 'These uses are available to allow a portion of the building to be occupied by general office uses. These uses are not susceptible to conversion to other land uses. No additional density is granted for the provision of these uses. A portion of the building must be occupied by either marine- related or retail land uses, consistent with the revised General Plan and Specific Plan. Is anticipated the ability to occupy these areas with retail commercial uses will alleviate the problems of finding enough marine-related uses previously experienced by similar projects. EQAC-9 Comment The EIR' describes sa nAes e ns ea on ll Specifically, he project causes incremental inc i traffic, noise, and air pollution. EQAC-9 Response The comment is noted and included in the final record of the project for review and consideration by appropriate decision makers. In order to approve the project under the provisions of California Environmental Quality Act the City Council will have to make a statement of overriding considerations to explain the specific reasons why the project should be approved in light of these cumulatively significant effects. Office of Plannin¢ and Research OPR-1 Comment The State Clearinghouse submitted the above named environmental document to selected state agencies for review. The review period is closed and none of the state agencies have comments. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. I OPR-1 Response The comment is noted and included in the final record of the project for review and consideration by appropriate decision makers. 13 2� �q ATTACHi+l NT Nu. D MINUTES COMMISSIONERS * . October 5, 1989 CITY OF NEWPORT BEACH INDEX � ROLL CALL The pu ' hearing was opened in connection with this item. No one appeare fore the Planning Commission to testify on the subject item. Th blic hearing was closed. Motion * Motion was made and vote to approve Amendment No. 689, Ayes * * * * Resolution No. 1198, recommen ' to the City Council the Absent * * adoption of an Ordinance to implemen mixed use and retail provisions of the General Plan as relat to the Cannery Village/McFadden Square Specific Area Pla . MOTION CARRIED. A. Site Plan Review No 52 (Continued Public Hearine) Item No.8 Request to permit the construction of a mixed use SPR 52 residential/commercial development which includes two buildings containing 35 residential condominium units and 22,500 sq.ft. of UP3361 commercial floor area on property located in the "Recreational TS59 and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area; and the acceptance of an TTM14025 environmental document. CRDP 18 AND Approved B. Use Permit No 3361 n in"a'' R'blic Hearine) Request to permit the construction of a mixed use residential/commercial development which exceeds the 26 foot basic height limit in the 26/35 Foot Height limitation District, which includes general commercial and office uses in conjunction with incentive uses, and which has a commercial floor area ratio less than 0.25, on property located in the "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area. AND C. Traffic Study No 59 (Cgntinued Public Hearine) Request to approve a traffic study so as to permit the construction of a mixed use residential/commercial development _22. " 49 • COMMISSIONERS • • October 5, 1989 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL containing 35 residential units and 22,500 square feet of commercial development. AND D Tense Tract Man No 14025 (Continued Public HearinQl Request to subdivide 26 existing lots into a vertical subdivision containing two lots for residential condominium purposes, one lot for commercial and marina purposes, one lot for residential parking purposes, and one lot for commercial parking purposes, in conjunction with the construction of a mixed residential/commercial development containing 35 residential condominium units and 22,500 sq.ft. of commercial development, on property located in the "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area. AND E. Coastal Residential Development Permit No 18 (Continued Discussi n Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 35 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low-and-Moderate-Income Housing within the Coastal Zone. LOCATION: Newport Beach,an Lo 324, ts Lancaster's Block 224, Section A, Newport Beach, located at 2602 - 2620 Newport Boulevard, on the southeasterly corner of 2W Street and Newport Boulevard, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP-6 APPLICANT: N/R Marina Partners, Newport Beach -23- COMMISSIONERS • MINUTES October 5, 1989 o coo o� CITY OF NEWPORT BEACH ROLL CALL INDEX OWNER: Same as applicant ENGINEER: K. W. Lawler and Associates, Inc., Tustin James Hewicker, Planning Director, recommended that a condition be added to each of the subject items stating that the application shall not become effective until City Council adopts Amendment No. 689, to establish mixed residential/commercial uses and retail uses within the Cannery Village/McFadden Square Specific Plan Area. The public hearing was opened in connection with this item. Mr. John Newcomb, applicant, appeared before the Planning Commission. Mr. Newcomb concurred with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Pers6n addressed the community's approval of a project of this magnitude and the effort made by the applicants. Motion * Motion was made to approve Site Plan Review No. 52, Use Permit No. 3361, Traffic Study No. 59, Tentative Tract Map No. 14025, and Coastal Residential Development Permit No. 18, subject to the findings and conditions in Exhibit "A", including an additional condition to each of the foregoing application stating that: prior to implementation of these applications, stating that the City Council shall approve Amendment No. 689. Commissioner Di Sano complimented the project and the project's community support. Ayes Absent * * The foregoing motion was voted on, MOTION CARRIED. A Environmental Impact Report No. 144 Fin in 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. -24- �r IL- COMMISSIONERS 0 October 5, 1989, MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3.. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance in all areas except short term noise impacts. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. Mitigation Measures: 1. Development of the site shall be subject to a grading permit approved by the Building and Planning Departments. 2. The grading permit shall include a description of haul routes, access points to the site, and a watering program designed to minimize the impacts of haul operations. 3. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department prior to the issuance of the grading permit. A copy of the plan shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 4. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans shall be furnished to the Building Department prior to the issuance of building permits. -25- • . MINUTES COMMISSIONERS October 5, 1989 CITY OF NEWPORT BEACH INDEX ROLL CALL 5. Recommendations included in the 1989 South Coast Geologic Services' Geotechnical Report and the subsequent study required in mitigation measure no. 6 shall be incorporated into project design where appropriate. The Building Department shall verify the application of the appropriate recommendations prior to the issuance of grading permits. 6. A supplemental subsurface investigation shall be performed subsequent to demolition of the existing buildings to obtain subsurface data in those areas inaccessible during previous studies. 7. The groundwater level shall be lowered to a depth at least five feet beneath the excavation bottom. The dewatering system shall be designed and performed by qualified engineers with previous experience in this type of construction. Selection of the engineer shall be approved by the City Engineer prior to the issuance of grading permits. 8. The upper ten feet of soil material shall be removed. Remaining soil to a distance at least five feet below and beyond the proposed structure shall be densified as described in the Geotechnical Report as verified or amended by subsequent subsurface investigation. 9. A detailed preconstruction survey shall be prepared to document the present condition of all building and facilities within the zone of influence of the dewatered investigation. Photographs, crack surveys, and installation of a reference benchmark beyond the zone of influence shall be included in the preconstruction survey. Areas within at least 30 feet of the proposed excavation shall be monitored for any settlement and lateral movements due to possible deflection of the shoring system. Groundwater observation wells within the zone of influence shall be installed. The specific parameters of the study shall be provided to the City Engineer for review prior to issuance of the grading permit. -26- 44 COMMISSIONERS • • October 5, 1989 MINUTES r 'in �d •deg ��`� � CI �� T OF NEWPORT BEACH CITY ROLL CALL lNOEX 10. If found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an agreement and post a bond guaranteeing the repair of the Public street system, utilities or other public property that might be damaged during the dewatering excavation process and the construction of subterranean improvements. 11. If found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an agreement and provide a policy of insurance guaranteeing the repair of all damage to private property caused by the dewatering excavation process and the construction of subterranean improvements. 12. Prior to the issuance of grading permits, a National Pollution Discharge Elimination System (NPDES) Permit shall be obtained from the Santa Ana Regional Water Quality Control Board. Water extracted from dewatering wells shall meet current Environmental Protection Agency requirements prior to discharging into the Bay. If necessary, the water shall be desilted prior to discharge. 13. Light construction equipment shall be used for earthwork operations. No heavy equipment shall be used. 14. Existing on-site drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water, sewer, and storm drain for on-site improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording the tract map. Any modifications to the existing storm dram system shall be the responsibility of the developer. 15. A landscape plan, prepared by a licensed landscape architect, shall be submitted which includes a maintenance program that controls the use of fertilizers and pesticides. The plan shall be reviewed by the Parks, Beaches and Recreation Department and approved by the Planning and -27- COMMISSIONERS • . October 5, 1989 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL Public Works Departments. Prior to the issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 16. Landscaped areas shall be irrigated with a system designed to avoid surface run-off and over-watering. 17. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. 18. Suspended solids (e.g. sand) shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the Public Works Department and the Grading Engineer. 19. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. 20. Drainage facilities and architectural features shall be designed to prevent runoff from entering the garage structure, keep the garage floor slab dry from seepage, and remove oil and grease from runoff prior to discharge into the public storm drains. Verification of these design features shall be made by the City Engineer, prior to the issuance of building permits. 21. Six (6) inches shall be added to the bulkhead cap to bring it to an elevation of nine feet above mean low water as required by the Cannery Village/McFadden Square Specific Plan. 22. Prior to demolition of existing structures, a complete plan for litter and debris control for the demolition, grading, and construction phases to ensure that no debris is permitted to enter Newport Harbor shall be approved by the Planning and Marine Departments. -28- COMMISSIONERS October 5, 1989 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 23. If the applicant intends to use an ocean disposal site for excavated materials, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits from the Army Corps of Engineers and the City of Newport Beach have been obtained. Such evidence shall be submitted to and verified by the Public Works Department prior to the issuance of a grading permit. 24. Development shall be in substantial conformance with the approved site plan, floor plans and elevations. 25. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 26. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 27. Street signs, tables, benches, planters, and other similar features on-site or adjacent to the project site shall be designed with a common theme compatible with the overall architectural style of the project. The design shall be approved by the Planning, Public Works, and Parks, Beaches and Recreation Departments prior to the issuance of an occupancy permit. 28. Existing overhead utilities on the project side of Newport Boulevard, 26th Street and 28th Street shall be put underground to the satisfaction of the Public Works Department. 29. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation improvements. 30. Traffic control and transportation of equipment _and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department -29- �1 'COMMISSIONERS October 5, 1989 MINUTES 0 CITY OF NEWPORT BEACH INDEX ROLL CALL prior to the issuance of demolition, grading or building permits. 31. No construction storage or delivery of materials shall be allowed within the Newport Boulevard right-of-way. 32. Prior to the issuance of grading permits, a parking plan showing how workers will be able to park without using on-street parking must be submitted and approved by the Public Works Department. 33. No earthwork hauling operations, major concrete placement and other construction operations requiring more that 32 trips per day or 4 trips per hour by trucks with more than three axles may be scheduled to occur between June 1 and September 15, and one week before or after Easter, unless otherwise approved by the Public Works Department. 34. Construction staging,materials storage, and worker parking shall be provided on the adjacent site owned by the applicant which is located on the northwest corner of 28th Street and Newport Boulevard. 35. Construction activities will be conducted in accordance with the Newport Beach Municipal Code, which limits the hours of construction and excavation work to 7:00 a.m. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 P.M. on Saturdays and 10:00 a.m. to 6:00 P.M. on Sundays and holidays. 36. The applicant shall apply for a waiver of City noise abatement regulations to allow for dewatering and pouring of the basement slab. The continuous concrete pour shall be scheduled on a non-summer weekend outside of the peak traffic period. 37. Any mechanical equipment and emergency power generator shall be screened from view, and noise associated with said facilities shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a registered -30- T� MINUTtS COMMISSIONERS • • October 5, 1989 CITY OF NEWPORT BEACH INDEX ROLL CALL engineer practicing in acoustics and approved by the Building Department. 38. At the time the City removes the requested waiver of City noise abatement regulation to allow for dewatering and pouring of the basement slab, the City Engineer shall determine if it is necessary to require barriers or baffles to reduce noise from construction equipment so as not to exceed 55 dBA at the property lines. If required, the developer shall install such measures prior to beginning any activities for which a waiver was not granted. 39. All exterior living areas (e.g. balconies and patios) which lie within the 65 CNEL contour shall be constructed with 6 foot high noise barriers. The noise barriers shall be continuous (no openings or gaps) and have a minimum density of 3.5 pounds per square foot. The walls may be stud walls with cement plaster exterior, V4 inch plate glass, 5/8 inch plexiglass, any masonry material, or any combination of these materials. Wood and other materials may be used if specifically designed as noise barriers. 40. All units exposed to exterior noise levels higher than 65 CNEL shall be constructed to achieve interior noise levels no greater than 45 CNEL. Prior to issuance of a building permit, a registered engineer practicing in acoustics shall review final architectural plans to determine what building upgrades will be necessary to achieve this standard. The Building Department shall require that such upgrades be incorporated into the plans prior to the issuance of the building permit. Most likely the only building upgrade that will be required is higher rate windows such as 3/16 inch single pane glass for all windows that are exposed to Newport Boulevard. 41. All units that have a window exposed to Newport Boulevard shall be required to install mechanical ventilation. Air conditioning is an acceptable substitute for mechanical ventilation as long as it meets Uniform Building Code requirements. -31- �9 COMMISSIONERS . October 5, 1989 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 1 42. Prior to the issuance of the occupancy permit, the Building Department shall require that an acoustical analysis be conducted by a registered engineer practicing in acoustics (at the developer's expense). This analysis shall determine if all noise mitigation has been installed as required and that noise levels will meet City standards. The noise measurements shall be taken at that point in the worst case unit where the highest noise levels are expected. If different noise attenuation methods are used for different units, then a worst case unit for each method shall be tested. 43. Pouring of the basement slab shall be scheduled to encompass only one nighttime period. The schedule for any continuous concrete pour shall be reviewed and approved by the City Engineer. 44. Electric pump motors shall be required for dewatering equipment to reduce noise levels. 45. A dust control program in compliance with South Coast Air Quality Management District Rule 403 shall be implemented during demolition, excavation and construction. This program shall include such measures as: containing soil on-site until it is hauled away, periodic watering of stockpile soil, and regular vacuum sweeping of streets used for the haul operation to remove accumulated material. 46. A fan-assisted ventilation system shall be installed in the venting system for the subterranean garage for use in peak periods when natural ventilation is not sufficient. 47. All residential units and commercial/office uses shall be provided with central air conditioning. 48. Prior to the issuance of building permits, the Fire Department shall review the proposed plans to determine the adequacy of emergency access. The Department may require indoor fire protection features, such as overhead fire sprinklers, if it determines that such measures are necessary to provide adequate fire protection. -32- 50 P C6MMISSIONERS October 5, 1989 MINUTES CITY OF NEWPORT BEACH Tby ROLL CALL 49. Fire Department prior toepartment cthe issuance oess shall be f buildmgroved bpy the So. Final design of the project shall provide incorporation of water-saving devices for project and other water-using devices. This shall be the Building Department prior to issuance of permit. 51. Prior to issuance of building or grading permit, a master plan of water and sewer facilities shall be prepared for the site. The applicant shall verify the adequacy of existing water and sewer facilities and construct any modification of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities. 52. A bus turnout shall be incorporated into the project design to provide facilities at the existing bus stop on Newport Boulevard south of 28th Street. The area adjacent to the turnout shall include a paved waiting area with a bus shelter or bench. Design of the turnout and amenities shall be Works Department approved dto yt ee issuance Planning of bu and ilding permit. 53. ael handicapped ots ccsswayshall be provided from the project t he bus stop. u Site Plan Review No 52. Findings: 1. That the proposed site plan gives due regard to the aesthetic qualities of the harbor. 2. That the site does not contain any unique landforms such as coastal bluffs. 3 That the e hborh000d and pment is contribute to the orderly and r of theng and -33- ' COMMISSIONERS . MINUTES October 5, 1989 CITY OF NEWPORT BEACH INDEX ROLL CALL harmonious development of surrounding properties 'and the City. 4. The development is sited and designed to maximize public views through the site. 5. That there are no environmentally sensitive areas on-site. 6. The property does not contain any areas of unique geologic hazards. 7. Residential development shall meet City noise standards. 8. The site plan and layout of buildings, parldng areas and pedestrian and vehicular access are functional in that there will be a minimum of commercial/residential conflicts. 9. The development is consistent with the General Plan, the Local Coastal Program, Land Use Plan and the Cannery Village/McFadden Square Specific Area Plan. 10. Mechanical equipment and trash enclosures are concealed from view. 11. That there are no archeological of historical resources on- site. 12. That the site is not adjacent to any residential district. Conditions• 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans and elevations, except as noted below. 2. That all mitigation measures, and conditions of approval for Use Permit No 3361, Tentative Map of Tract No. 14025 and Coastal Residential Development Permit No. 18 be fulfilled. -34- •C'OAAMISSIONERS 0 October 5, 1989 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 3. That one parking space be provided for each 250 sq.ft. of commercial or office development, .75 parking space be provided for each boat slip, and 2'/2 parking spaces be provided for each dwelling unit. 4. The access to the subterranean parking shall be a minimum of 26 feet clear width. 5. That upland use must accommodate needs of the marina as required by City Council Harbor Permit policies, specifically those which deal with parking, safety and sanitation. 6. The surface lot shall be redesigned to provide turn around area for all spaces within the lot. 7. The driveway shall conform to Std 110-L for sight distance. 8. On-site parking and access for pedestrians and vehicles shall be subject to further review and approval of the City Traffic Engineer. 9. A 10 foot area of the drive with a slope not to exceed 2010 shall be provided at the back of sidewalk. 10. A plan to accommodate delivery vehicles shall be reviewed and approved by the City Traffic Engineer. 11. This application shall not be deemed approved until the effective date of Amendment No. 689. C. Use Permit No 3361. Findinps 1. That the development provides for both public physical and visual access to the bay. 2. That the increased height results in more public visual open space and views that would result from compliance with the basic height limit, since the project design -35- g3 ' COMMISSIONERS • • October 5, 1989 MINUTES � �o c� CITY OF NEWPORT BEACH INDEX ROLL CALL includes an open space plaza which is a minimum of 100 feet wide from Newport Boulevard to the Bay, and approximately 65% of the site is used for open space. 3.. The increased building height results in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment since the open space plaza integrates the project with the visual amenity of Newport Bay, and the variation of the facade minimizes the visual impact of the structures. 4. The increased building height does not result in undesirable or abrupt scale relationships between the structure and existing developments or public spaces. 5. The increased height does not result in floor area exceeding that otherwise permitted. 6. That incentive uses are provided by the development which allow the establishment of general office and commercial uses. 7. That the proposed commercial space ' constitutes a significant portion of the development. 8. That the proposed commercial development is large enough to accommodate viable business. 9. The approval of Use Permit No. 3361 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Condition 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans and elevations. -36- 5� •COMMISSIONERS October 5, 1989 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 2. That the characteristics of the open space plaza be maintained, including the 120 foot dimension on Newport Boulevard, the minimum 100 foot clear width at ground level, and the minimum 50 foot clear width at the second and third levels. uired for 3 That structure stairwells wces or ithin he open pactive rails ce plaza be parking open. 4. That the building shall be no higher than 35 feet, subject to the provisions of the Cannery Village/McFadden Square Specific Plan in regards to the ground floor elevation and in accordance with,the definitions contained in Section 20.87.205 of the Newport Beach Municipal Code. 5. That incentive uses shall be provided if general commercial or office uses are provided on site. The split between incentive uses and uses which can be developed only upon the provision of incentive uses is 40% incentive use and 609o' use which requires incentive. Prior to the issuance of any grading or building permits for the project, the applicant shall record a covenant, the form- and content of which is acceptable to the City Attorney, agreeing to the provision of required incentive uses. 6. Should the final design of the project result in the loss of on-site parking, the commercial component of the project may be reduced, but may not be less than 20,000 sq.ft. 7. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -37- 5� ' -COMMISSIONERS October 5, 1989 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 9. That a Coastal Development Permit be issued prior to the issuance of a building permit. 10. This application shall not be deemed approved until the effective date of Amendment No. 689. D Traffic Study No. 59. Fin in 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15AO of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary-modified, or primary street. E. Tentative Mau of Tract No 14025, Findings: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That Section 13.05.010 of the Newport Beach Municipal Code requires that public improvements be completed in commercial areas prior to the issuance of building permits for a new structure. 4. That the traffic congestion during the summer months (June 1 through September 15) and during Easter Vacation (one week before and one week after Easter) is significant and any major truck haul operation during this -38- 5� COMMISSIONERS October 5, 1989 MINUTES �0� � CITY OF NEWPORT BEACH INDEX ROLL CALL time would further congest the traffic to an unacceptable level. 5. That this area has significant pedestrian traffic and sidewalks need to remain open during construction operations. 6. That the development is on a bus route and that it should encourage bus use by providing convenient access to a bus stop for its residents and patrons. 7. That the proposed project is consistent with the Newport Beach General Plan and the Local Coastal Program, Land Use Plan. 8. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the design of the subdivision. 9. That the proposed subdivision presents no problems from a planning standpoint. Conditions: 1. That a final map be recorded. That the final map be prepared so that the bearings relate to the State Plane Coordinate System and that elevations of all lots be shown along with the bench mark datum. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 4. That each floor of each building of the subject development shall be served with separated se wer laterals -39- 5� COMMISSIONERS i October 5, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX unless otherwise approved by the Public Works Department. The commercial and residential portions of the development shall be served with separated sewer laterals and water services. 5. That the on-site parking (both subterranean and surface parking), vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. That the parking structure have a minimum entrance elevation of 9.00 MLLW (6.27 MSL) at all entrances to prevent flooding from high tides. 6. That the intersection of the private drives and streets be designed to provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls, structures and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non-critical locations, subject to approval of the Traffic Engineer. 7. That a 20 foot radius corner cutoff at the corner of 28th Street and Newport Boulevard and 15 foot radius corner cutoffs at the corner of Newport Boulevard and 26th Street and at the corner of 28th Street and Lafayette Avenue be dedicated to the public. 8. That curb, gutter and full width sidewalk be reconstructed along the Newport Boulevard frontage; that any deteriorated sidewalk or curb and gutter that does not drain be reconstructed along the 26th Street frontage; that the curb returns at the intersection of 26th Street & Newport Boulevard and the intersection of 28th Street & Lafayette Avenue be reconstructed to a 20 foot radius including curb access ramps per City Standard 181-1, the power pole and catch basin on the corner of Newport Boulevard and 26th Street will require relocation; that the unused drive aprons be removed and replaced with curb, gutter and sidewalk along the 28th Street, Newport Boulevard and 26th Street frontages; that the depressed section of sidewalk on 28th Street adjacent to the bulkhead be reconstructed; that new street lights be -40- COMMISSIONERS October 5, 1989 MINUTES CITY OF NEWPORT BEACH ffINOEX ROLL CALL constructed per current city standards along the 28th Street, 26th Street, Newport Boulevard and bay frontages; that the existing 16 inch water main crossing the property be reconstructed in the adjacent streets to the satisfaction of the Utilities Department prior to issuance to any grading permits; that the existing sewer running through the subject property be abandoned and removed or filled with slurry; and that all street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 9. That the existing utility easement crossing the existing property be abandoned after removal of utilities. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on-site improvements prior to recording of the tract map. Any modifications or extensions to the, existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 11. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). That the existing bulkhead tiebacks be maintained until an approved alternate is in place or other provisions made to insure the integrity of the bulkhead. 12. That County Sanitation District fees be paid prior to issuance of any building permits. 13. That the Public Works Department plan check and inspection fee be paid. f" -41- 'COMMISSIONERS MINUTES October 5, 1989 CITY OF NEWPORT BEACH INDEX ROLL CALL 14. That the Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L. 15, Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall be allowed within the Newport Boulevard right-of-way. Prior to issuance of any grading permits, a parking plan showing how workers will be able to park without using on-street parking must be submitted and approved by the Public Works Department. 16. That a 10 foot wide easement be granted to the city along the bay frontage so as to provide unobstructed public access across the entire project between 26th Street and 28th Street. Said easement shall be improved with lighting and a concrete sidewalk or other materials meeting the approval of the Public Works Department. Grate type drainage inlets will not be acceptable within the easement area without prior approval of the Subdivision Engineer. 17. That easements or agreements be provided for construction and maintenance of utilities where water, sewer and other utilities encroach into other lots, ie: between Lots 2 and 3 where the floor sur face for lot 3 is the proposed lot line, room for sewer lines to serve Lot 3 does not appear to be provided. 18. That a bus bay and shelter or bench be provided on the Newport Boulevard frontage with the location to be determined by the OCTD and the Public Works Department. The shelter is to be outside the sidewalk area. An easement is to be provided to cover the additional area needed for the bus bay and sidewalk. -42- �0 IrOF NEWPORT B CH lNOEXhat no earthwork hauling operations, major concreteacement and other construction operations requiringore than 32 trips per day or 4 trips per hour by trucks ith more than 3 axles be scheduled to occur betweenune 1 and September 15, and one week before and afteraster, unless otherwise approved by the Public Worksepartment. 20. That underground building construction be setback from the sidewalk a sufficient distance to allow the sidewalk to remain in service during construction unless otherwise approved by the Public Works Department. That no tie backs or foundations be constructed in the public right- of-way. rt ulevard and 21. That the overhead lines along 8th Street be placed underground too allow othe westerly 2 poles on Newport Boulevard and the 3 poles on 28th Street to be removed. Guy poles are excepted from this condition. 22. That an agreement for maintenance of non-standard improvements be executed by the developer if special textured sidewalk or other non-standard improvements are proposed to be constructed within the public right-of-way around the development. The design of all non-standard improvements must be approved of the Public Works Department. 23. This application shall not be deemed approved until the effective date of Amendment No. 689. F. Coastal Residential Development Permit No 18. Fin in 1. That the proposed development has met the requirements of City Council Policy P-1. Conditions: 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, -43- �P� • ' COMMISSIONERS October 5, 1989 MINUTES o CITY OF NEWPORT BEACH I DEX ROLL CALL the form and content of which is acceptable to th Attorney and the Planning Director, which guarantprovision of four affordable dwelling units on-site site within the City. The affordable housing agre shall be recorded as deed restriction against the property. 2. The affordable units provided shall be affordable to moderate income families if the units are for sale or to low income families at fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. 3. The term of affordability shall be thirty years. 4. If it is proposed to provide the affordable housing units off-site within the City, the affordable housing agreement shall include provisions regarding the timing of the affordable units in relation to the occupancy of this project and performance bonding or other measures to assure the provision of the units within three years of the occupancy of this project as required by State law. 5. This application shall not be deemed approved until the effective date of Amendment No. 689. r ffi No. 55 (Revised)(Public Hearine) Item No.9 Request approve a Traffic Study so as to permit the TS55 establishme of a restaurant with on-sale beverages, live UP3360 entertainment a dancing, outdoor dining and valet parking. Approved AND B rmi N H rin Request to permit the establishme f a restaurant with on-sale alcoholic beverages, live entertainm and dancing, outdoor dining and valet parking. The restaurant eration will include nighttime only French/Continental Dining o he first floor and -44- • ATTACHMENT N0. •6 . r . Planning Commission Meeting October 5. 1989• Agenda Item No. 8 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A. Site Plan-Review No. 52 (Public Hearing) Request to permit -the construction of a•mixed use residential/ commercial development which includes two buildings containing 35 residential condominium units and 22,500 sq.ft. of commercial floor area on property located in the "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area; and the acceptance of an environmental document. AND B. Use Permit No. 3361 (Public Hearing) Request to permit the construction of a mixed use residential/ commercial development which*exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District, which includes general commercial and office uses in conjunction with incentive uses, and which has a commercial floor area ratio less than 0.25 on property located in the "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area. AND C. Traffic Study No 59 (Public Hearing) Request to approve a traffic study so as to permit the construction of a mixed use residential/commercial development containing 35 residential units and 22,500 square feet of commercial development. AND D Tentative Tract Map No 14025 (Public Hearing) Request to subdivide 26 existing lots into a vertical subdiv,{sion containing two lots for residential condominium'purposes, one lot for commercial and marina purposes, one lot for residential parking �3 i TO: Plarffing Commission - 2. gurposes,,,.aud-,one lot for. commercial • parking purposes, in. —�- conjunction with the construction of a mixed residential/commercial development containing 35 residential condominium units and 22,500 sq.ft. of commercial development, on property located in the "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area. AND L Coastal Residential Development Permit No. 18 (Public Hearing) Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 35 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low-- and-Moderate-Income Housing within the Coastal Zone. LOCATION: Lots 1-12 of Block 324, Lancaster's Addition, Newport Beach together with Lots 1-14 of Block 224, Section A, Newport Beach, located at 2602 - 2620 Newport Boulevard, on the southeasterly corner of 28th Street and Newport Boulevard, in the Cannery Village/McFadden Square Specific Plan. ZONE: SP-6 APPLICANT- N/R Marina Partners, Newport Beach OWNER: Same as applicant ENGINEER: K. W. Lawler and Associates, Inc., Tustin Applications If approved, the applications described above will allow the construction of a three story, mixed use residential/commercial project with a below grade parking structure. The Newport Beach Municipal Code and the City Council Policy Manual contain review procedures for these applications, as follows: Site Plan Review in Section 20.01.070, Use Permits to exceed the basic height limit in Section 20.63.045(H) and Chapter 20.80, Use Permits for general commercial and office uses in conjunction with incentive uses in Section 20.63.035, Use Permits for commercial floor area in mixed use developments less than 0.25 FAR in Section 20.07.040(C), Traffic Studies in Chapter 15.40 and Policy S-1, Coastal Residential Development Permits in Policy P-1, and Tentative Tract Maps in Chapter 19.12. Y TO: Planning Commission - 3. Environmental Significance In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K 3, an Environmental Impact Report has been prepared for the proposed project. Environmental issues evaluated in the EIR are Earth Resources, Water Resources, Land Use and Aesthetics, Traffic and Circulation, Noise, Air Quality and Public Services and Utilities. Based upon the information contained in the EIR, it has been determined that the proposed project, as mitigated, will not create a significant impact on the environment in these areas except noise. The construction of the 28th Street Marina Project will result in significant short term noise effects during the excavation, de-watering and construction of the subterranean parking structure. Minor modifications have been made to the project since the preparation of the Draft Environmental Impact Report. These changes, a one unit reduction and an increase in commercial floor area to 22,500 sq.ft., do-not change the information contained in the draft EIR. An addendum to the Traffic Study has been prepared to make necessary technical amendments to the Traffic and Circulation section. The findings of the Traffic Study are unchanged. Conformance with the General Plan and Local Coastal Program, Land Use Plan The Land Use"Element of the Newport Beach General Plan and the Local Coastal Program, Land Use Plan designate the site for Recreational and Marine Commercial land use. This land• use designation is intended to encourage coastal-dependent, coastal- related and visitor serving-land uses.' Residential development is.allowed above the first floor. General commercial or office land uses require the provision of a 40% mix of incentive uses. The Land Use Element specifies-a land use intensity limit of 0.511.0 FAR, with mixed use commercial/residential development allowed up to a floor area limit of 1.25. The parking structure FAR allocation for mixed use is 0.35, so the mixed use building bulk limit is 1.60. One residential unit is allowed for each 2,375 sq.ft. of buildable lot area. The proposed project of 35 dwelling units has 2,378 sq.ft of buildable lot area per unit. The residential portion of the project is 0.7 FAR. The 22,500 sq.ft of commercial development equals 0.246 FAR. Above grade covered parking occupies 2,204 sq.ft., or 0.02 FAR. The total building bulk of the project is 0.97 FAR. The project is consistent with the provisions of the Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan as modified by the General Plan review process. The City is currently processing comprehensive amendments to the Certified Local Coastal Program to reflect these changes, including the ability to construct mixed use commercial/ residential projects in the Recreation and Marine Commercial category. Subject Proper and Surrounding Land Use Y The site proposed for development is currently occupied several small single-story buildings totalling ±8,000 sq.ft. These buildings are occupied by office and marine TO: Planfig Commission - 4. • commercial uses. A 42 space .access-controlled parking lot on site serves these uses. Recently, the majority of the site was used for dry boat storage on the fenced asphalt lot, but this use has been discontintied. To the north and northwest of the project site, across 28th Street, is the El Ranchito Restaurant, a parking lot and a marine commercial/office building. To the east, across The Rhine channel, are commercial and residential uses on Lido Peninsula. To the southeast, across 26th Street is a boat yard. To the southwest, across Newport Boulevard, are retail commercial and motel uses. Analysis As previously discussed, the proposal is a mixed use commercial/residential project on the 28th Street Marina site. The project was originally proposed and analyzed in the Environmental Impact Rdport as a 36 unit project with 21,370 sq.ft. of commercial development. Precise calculations of the buildable lot area required the elimination of one unit from the project, and made two additional parking spaces available for commercial development. The project includes a completely subterranean parking structure which is divided into two areas, with the residential parking separate from the commercial and marina parking. The residential portion of the parking structure will be access controlled by key card gates. The above grade construction will be in two buildings, each of which consists of ground floor commercial with two residential floors above. A large landscaped plaza is provided in the central portion of the property to provide public visual open space as required to exceed the basic height limit. This open space will be a minimum of 100 feet wide on the ground floor level, and 50 feet wide on the second and third levels. The open space plaza will be accessible to the public, and will tie directly into the ten foot wide lateral access easement at the existing bulkhead along the entire lot frontage between 26th Street and 28th Street. Statistical Summary. The development standards of-the-project•are -governed by•the- - Cannery Village/McFadden Square Specific Area Plan and the Floor Area Ratio Ordinance. A comparison of the project profile to these development standards is presented on the following page. Y U TO: Planning Commission - 5. - STATISTICAL SUMMARY . . Standard Allowed/Required Proposed Base Development Allocation 45,629 sq.ft. 22,500 sq.ft. BDA Floor Area Ratio 0.50 FAR 0.25 FAR Residential Floor Area 68,444 sq.ft. 63,074 sq.ft.' Residential FAR 0.75 FAR 0.70 FAR Dwelling Units 35 35 Above grade parking 31,940 sq.ft. 2,204 sgft. Above grade parking FAR 0.35 FAR 0.02 FAR Below grade parking No limit 67,228 sq.ft. Building bulk 1.60 FAR 0.97 FAR Commercial/Marina Parking 106 spaces 106 spaces Residential Parking 70 spaces 88 spaces Building Height -26/35 feet - 35 feet AVE. Setbacks: Newport Blvd. 5 feet 5 feet 26th Street None 5 feet 28th Street None 0 feet 28th Street (Street end) None 5 feet Bulkhead Line 10 feet 20 feet Access Easement (width) 6 feet 10 feet Site Plan Review No. 50, The Cannery Village/McFadden Square Specific Area Plan requires Site Plan Review for all development in all RMC - Recreation and Marine Commercial areas. The review of site plans have specific standards of review as established in Section 20.01.070 of the Newport Beach Municipal Code. Each standard is listed below, with a brief discussion of the project as it relates to each. 1. Sites subject to Site flan Review under the provisions of this chapter shall be graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, and landscape, giving. special consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas, trees and shrubs shall not be indiscriminately destroyed: The proposed site plan does not include relocation of the existing bulkhead, and will not, therefore, have any permanent effects on waterfront resources. There are no coastal bluffs or sloped areas on site, nor are there any trees or shrubs on-site. The project as proposed contributes significantly to aesthetic values in the.area, through the provision of significant public visual open space through the site to Newport Bay, and the provision of public access along the existing bulkhead. 2. Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City: The Cannery Village area which surrounds the project site is intensively developed with a'mixture of marine and visitor serving retail, restaurants, and office uses. Recent redevelopment in the Cannery Village area has been predominantly mixed use (commercial/residential) TO: planning Commission - 6. ' • in nature:-. This.-project represents=-a•-coutinuation.of the trend to• commercial • - •residential mixed use in the,area. 3. Development shall be sited and designed to maximize protection of public views, with special consideration given to views from public parks and from roadways designated as Scenic Highways and Scenic Drives in the Recreation and Open Space Element of the General Plan There are no view parks or roadways designated as a Scenic Highway or Drive in the vicinity of the project. The project is designed, however, to maximize public view through the project from Newport Boulevard to the bay. 4. Environmentally sensitive areas shall be preserved and protected. No structures or landform alteration shall be permitted in environmentally sensitive areas unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Counci4 on review or appea4 finds that the benefits outweigh the• adverse impacts. The site does not contain any environmentally sensitive areas. 5. No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to-an acceptable level or the Planning Commission or City Council, on review or appea4 finds that the benefits outweigh the adverse impacts: The site is not located in an area of particular geologic hazard, other than the seismic hazards common to the Southern California area. Excavation of the parking structure will be done subject to site specific soils studies reviewed by the City's Grading Engineer prior to the issuance of a grading permit. 6. Residential development shall be permitted in areas subject to noise levels greater than 65 CNEL, only where specific mitigation measures will reduce noise levels in exterior areas to less than 65 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less: Specific mitigation measures will be made conditions of approval to assure that these noise standards are met. 7. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration -to functional aspects of site development: The site plan gives maximum consideration to pedestrian access to the site with a minimum of pedestrian/automobile conflict. The placement of most of the parking in the subterranean parking garage assures that most of the site not occupied by buildings will be usable by commercial tenants and customers, the residents of the building, and incidental users. Lateral access to the public access easement on the bay is achieved via the street ends at 26th and 28th streets, as well as through the plaza. The parking garage includes separate egress points for commercial and residential users, and the residential parking area is completely separate from the commercial portion of•the parking garage. Parking for the commercial portion of the development is provided as required by the Newport Beach Municipal Code. Residential parking is provided at a ratio of 2V2 spaces for each dwelling unit, which exceeds the minimum requirements (2 per D.U.) of the Cannery Village/McFadden Square Specific Area Plan. i TO: Planning Commission - 7. -8.:—-- Development shall be- consistent with specific.General Plan atrd. applicable Specific" :. .. Area Plan policies and objectives, and shall not preclude the implementation of those policies and objectives: As discussed in the General Plan Compliance section, the proposed project is consistent with the General Plan. 9. Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. The proposed development is a mixed use, commercial/ residential project which includes marina uses in the submerged portions of the site. The provision of most.of the parking entirely below grade minimizes the building mass and bulk of the project, which is significantly below the maximum allowed in the area. This increases the physical compatibility of the project, because the large size of the site is unique in the Cannery Village area, and a maximum intensity project would have more visual impacts than that which would result on smaller lots in-the are . 10. When feasible, electrical and similar mechanical equipment and trash and storage areas shall be concealed: Mitigation measures have been identified and will be made conditions of approval which mandate the screening of electrical and mechanical equipment, and conceal trash enclosures. Additionally, utilities along Newport Boulevard will be placed underground as a condition of development. 11. Archaeological and historical resources shall be protected to the extent feasible: There are no archeological or historical resources on-site. 12. Commercial development shall not have significant adverse effects on residences in an abutting residential district: The site does not abut any residential district. Use Permit No. 3361, A Use Peniut is required for three components of the project: to allow the structure to be 35 feet in height in the 26/35 Foot Height Limitation Zone, to allow general commercial and office uses in conjunction with incentive uses in the Recreation and Marine Commercial District of the-Cannery Village/McFadden Square Specific Area Plan, and to allow the commercial component of the project to have a floor area ratio less that 0.25. Each of these requests is discussed below. Buildine Height. The project,,is in the 26/35 Foot Height Limitation District. The Cannery Village/McFadden Square Specific Area Plan sets forth specific criteria which must be met in order to exceed the basic height limit to the higher limit established for the area. Each of these criteria are listed below, with a discussion of the project relative to each. 1. The development will provide for both public physical and visual access to the bay within the limits that public safety is ensured and private property protected: The design of the project includes a.10 foot public access easement along the bulkhead from'26th Street to'28th Street: -Additionally, a plaza 'area between the two buildings provides a broad visual access corridor, which is also available for use by the public. The public plaza is 120 feet wide on the Newport Boulevarcrside of the property, 170 feet wide on the Bay, and is a minimum of 100 feet wide � I TO: Plartng Commission - 8. • throughout the property. On the second and third floors, the corridor is 50 feet wide. These features of the plan combine to assure physical and visual access to Newport Bay. 2. The increased building height would result in more public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and the treatment of all setback and open area: The development standards of the Cannery Village/McFadden Square Specific Area Plan would 'theoretically allow a structure 26 feet in height spanning the property, although provisions for parking would have to be made, and the project would still be subject to Site Plan Review. The only mandatory setbacks are 5 feet from Newport Boulevard and 10 feet from,the bulkhead line. The-.proposed project provides setback areas greatly in excess of minimum standards. The structure is at the minimum 5 foot Newport Boulevard setback for 65 feet, or approximately 20% of the Newport Boulevard frontage. The structure is set back from the U.S. Government Bulkhead line a minimum of 20 feet, and increases to as much as 42 feet. The two structures are arranged on the site so that the "view corridor" is located through the deepest portion of the property. This orientation results in a highly useable open space area. At grade open space areas occupy approximately 6501b of the site area. 3. The increased building.height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment: The two structures have been sited and designed in a way which results in a good variation of building mass on Newport Boulevard. The only elevation which presents a solid building mess is on 26th Street,,across from the Balboa Boat Yard. This design minimizes the visual impact of the two three-story structures. The large open space plaza integrates the project with the marine environment provided by Newport Bay. 4. The increased building height would not result in undesirable or abrupt' scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions: The dominant structure height in the Cannery Village area is two stories, with most new construction at the 26 foot height limit. The additional height of these building is not considered an abrupt change from existing development. 5. The increase in height shall not result in floor area exceeding the floor area otherwise permitted. The proposed project contains less floor area for both the residential and-commercial components of-,the-project-than that permitted by--the- General" — Plan. Y TO: Planning Commission - 9. Incentive Use Provisions, The Cannery Village/McFadden Square Specific Area Plan requires the provision of incentive uses if general purpose office, industrial or retail uses are provided on-site. Marine-related office, visitor serving retail and residential uses do not require the provision of incentive uses. The marina, the public access easement and the marina support parking are incentive uses which will allow a portion of the building to be occupied by general commercial uses. The Cannery Village/ McFadden Square SAP describes the methodology for the provision of incentive uses, based upon the usage of the site, the inclusion of parking in the calculation, and the omission of permitted non-incentive uses from the calculation. Since this is a mixed use project, parking is included in the calculations, and 350 sq.ft. is assumed for each parking space. Incentive uses: 3,950 sq.ft. Public access 8,022 sq.ft. Marina 5,600 sg.ft. Marina parking 17,572 sq.ft. Incentive uses provided 17,572 sq.ft. is 40% of 43;930 sq.ft. Therefore 26,358 sq.ft. (43,930 —17,572) of use plus parking can be general commercial uses. In order to determine the square footage of the building that can be occupied by general commercial uses, this number is divided by 600 sq.ft.•[1 parking space (350 sq.ft.) plus 250 sq.ft. .floor area). This factor (43.93) times 250 equals the floor area which may be-general commercial uses. General Commercial: 26,358 sq.ft. 600 sq.ft. 43.93 x 250 soft. 10,982 sq.ft. allowed general commercial Permitted uses: 22,500 sq.ft. -- 10.982 so.fts , 11,518 sq.ft. permitted uses The conditions of approval set forth the required ratio of incentive to general commercial and office land uses (40%). The provision of additional incentive uses within the building would result in a change in the square footage presented here. Commercial Floor Area Ratio. The newly adopted Floor Area Ratio Ordinance requires the approval of a Use Permit for mixed use projects-where the commercial component of the project is less than 0.25 FAR. For this project, the minimum commercial development under this criteria is 22,815 sq.ft., and the project is proposed to be 22,500 sq.ft. of commercial development. Parking constraints preclude the addition of the 315 sq.ft. necessary to meet the 0.25 FAR standard. The specific findings required by the Floor Area Ratio Ordinance are listed below, with a discussion of the project relative to each: 1 TO: Planning Commission,- 10. 1. That the proposed commercial space constitutes a significant portion of the project: The commercial component of the project is 22,500 sq.ft. and the residential component is 63,074 sq.ft. The commercial development is approximately 26% of the total square footage. The determination of what constitutes a "significant portion" of the project is a judgement to be made by the Planning Commission. The provision of a significant amount of commercial development is,, in part, limited by the parking requirements of that development. In this particular case, the residential portion of the project is providing more parking than is required by Code, in order to offset the fact that little on-street parking is available for residential guest parking. Additionally, the parking required by the commercial marina reduces the amount of parking available, while not contributing to the commercial floor area of the project. Of the total parking provided, 55% is required by commercial or marina parking. In the past, projects involving subterranean parking have lost parking spaces as a result of final engineering requirements. In order to assure that the commercial development remains a significant portion of the development, a minimum amount of commercial development should be established. Staff has suggested in the conditions provided for approval a minimum of 20,000 sq.ft. for the commercial component of the project, which is 0.22 FAR. 2. That the proposed commercial space is large enough to accommodate a viable business: A total of 22,500 sq.ft. of commercial'development is proposed in the two buildings. This is considered a viable amount of floor area to sustain commercial businesses. Traffic Study No. 59, A traffic study has been prepared for the proposed project in conformance with the City's Traffic Phasing Ordinance and Council Policy S-1. Since there has been a slight modification to the project as originally analyzed in the EIR and Traffic Study, an addendum to the Traffic Study has been prepared and is attached to this report. 'The proposed roject-15'16XpeC'ted-�to'Ve completed"'kn 1990i Analyses therefore, completed for 1991. The City Traffic Engineer identified eight (8) intersections which could be affected by the project at full occupancy. The first step in evaluating intersections' is to conduct a 1% traffic volume analysis, taking into consideration existing traffic, regional growth, and committed projects' traffic. For any intersection where, on any approach leg, project traffic is estimated to be greater than 1% of the projected peak 2'/2 hour volume in either the morning or afternoon, Intersection Capacity Utilization (ICU) is required. The 1% volume analysis identified two (2) intersections where traffic exceeded the one percent criteria, one (1) in the morning peak hour and two (2) in the afternoon peak hour. The following chart summarizes the results of the Intersection Capacity Utilization analysis for the project. Y ' TO: Planning Commission - 11. ICU SUMMARY - 1991. Existing 91 Existing 91 +Committed PEAK Existing +Committed +Growth Intersection HOUR (1989) +Growth +Project Newport Boulevard/ AM 0.56 0.56 0.57 32nd Street PM 0.57 0.58 0.59 Newport Boulevard/ PM 0.54 0.55 0.55 Via Lido In order to meet the criteria of the City's Traffic Phasing Ordinance, a project must be found to neither cause nor make worse an intersection capacity utilization of 0.90 for the year of analysis which includes all committed traffic and regional growth. As shown by the above chart, intersections affected by the project operate at acceptable levels. The project meets the criteria of the Traffic Phasing Ordinance. Tentative Man of Tract No. 14025, The project includes a request to subdivide 26 existing lots into a vertical subdivision. This particular type of subdivision has not previously been proposed in the City. It allows the parcel to be divided both horizontally and vertically in order to create separate lots for each of the unique land uses. The below grade parking area is divided into two lots, one for residential parking and one for commercial parking. The at-grade lot is for the commercial, marina and open space uses and is held as a single parcel. Two "air space" lots are created above the at-grade lot for the residential condominium use. As a result, the commercial property owner has ownership and maintenance-responsibilities-for the•commercia.jot;'structure-and-parking garage and the residential condominium association and individual owners have ownership and maintenance responsibilities for the residential lots, structure and parking garage. Access provisions and structural maintenance responsibilities will be defined in the Covenants, Codes and Restrictions. Public Works and Planning Department staff have reviewed the proposed subdivision, and have no objections to the request. Coastal Residential Development Permit No. 18, The proposed development is in the Coastal Zone and contains more than two dwelling units. The project must, therefore, comply with City Council Policy P-1, which requires the inclusion of low or moderate income housing in the Coastal Zone, where feasible. It is currently envisioned that the project will provide four off-site units for affordable housing in the Cannery Village area. The project is, therefore, in compliance with Council Policy P-1. The conditions of approval-have beeirworded=•to•addressthe'provisiDnw-"afgett"Yli c� '0fthei 1St 3icv�6i = �' off-site. �3 TO: Plangg Commission - 12. • Conclusions and Specific Findings _ ._ . . _ ._ ._ -•• Section 20.01.070(F) of the Newport Beach Municipal Code sets forth the standards by which the Commission is to evaluate Site Plan Reviews. Section 20.80.060 provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance and operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Additionally, specific findings must be made to approve a use permit to exceed the basic height limit [Section 20.63.045(H)] and to allow a commercial/residential mixed use project where the commercial component is less than 0.25 FAR [Section 20.07.040(C)]. Findings required for the approval of a Traffic Study are in Chapter 15.40. Section 19.12.020(D) provides that the Commission shall make speck findings in order to approve a tentative tract.map: Requirements for the approval of a Coastal Residential Development Permit are in Council Policy P-1. It is the opinion of staff that the project meets all specified criteria for approval of this project. Should the Planning Commission desire to approve the project, Findings and Conditions for Approval are attached as Exhibit "A If it is the desire of the Commission to deny the project, Findings for Denial are suggested in Exhibit "B". PLANNING DEPARTMENT JAMES D.'HEWICKER, Director Bye Patricia L. Temple Principal Planner AtCachments: 1. Exhibit "A" 2. Exhibit "B" 3. Vicinity Map 4. Letter from Balboa Peninsula Point Association 5. Traffic Study Addendum 6. Draft Environmental Impact Report 7. Plot Plan, Floor Plans and Elevations 8. Tentative Tract Map Y PLT/WP50 PC\SPR52.SR2 To: . Pla omission. - 13. . EXHIBIT "A" Attachment i ' FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMACT REP TE PLAN REVIEWNO. 52 ORT NO. 144 USE PERMIT NO. 3361 TRAFFIC STUDY NO. 59 TENTATIVE MAP OF TRACT NO. 14025 COASTAL RESIDENTIAL DEVELOPMENT-PERMIT NO. 18 A. Environm t 1 rmnart R—e-p9rt No. 144 Findings-, 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to .reduce potentially significant environmental effects to a level of insignificance in all areas except short term noise impacts. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result, of the project. 4. ' ' That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. Mitigation Measures: 1. Development of the site shall be subject to a grading permit approved by the Building and Planning Departments. 2. The grading permit shall include a description of haul routes, access points to the site, and a watering program designed to minimize the impacts of haul operations. 3. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department prior to the issuance of the grading permit. A copy of the plan shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 4. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating recommendations of a soil engineer and an engineering geologist mprehensive soil and geologic investigation subsequent to the completion of a co of the site. Permanent reproducible copies of the "Approved as Built" grading �s TO: Planning Commission - 14. • ^ _,_Plans-shall:�be.€unnished tc�-tbe._Buildiug.:D.epariment--pAor -to the issuance.of._._... .._.. building permits. 5. Recommendations included in the 1989 South Coast Geologic Services' Geotechnical Report and the subsequent study required in mitigation measure no. 6 shall be incorporated into project design where appropriate. The Building Department shall verify the application of the appropriate recommendations prior to the issuance of grading permits. 6. A supplemental subsurface' investigation shall be performed subsequent to demolition of the existing buildings to obtain subsurface data in those areas inaccessible during previous studies. 7. The groundwater level shall be lowered to a depth at least five feet beneath the excavation bottom. The dewatering system shall be designed and performed by qualified engineers with previous experience in this type of construction. Selection of the engineer shall be approved by the City Engineer prior to the issuance of grading permits. 8. The upper ten feet of soil material shall be removed. Remaining soil to a distance at least five feet below and beyond the proposed structure shall be densified as described in the Geotechnicai Report as verified or amended by subsequent subsurface investigation. 9. A detailed preconstruction survey shall be prepared to document the present condition of all- building and facilities within the zone of influence of the dewatered investigation. Photographs, crack surveys, and installation of a reference benchmark beyond the zone of influence shall be included in the preconstruction survey. Areas within at least 30 feet of the proposed excavation shall be monitored for any settlement and lateral movements due to possible deflection of the shoring system. Groundwater observation wells within the zone of influence shall be installed. The specific parameters of the study shall be provided to the City Engineer for review prior to issuance of the grading permit. 10. If found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an agreement and post a bond guaranteeing the repair of the public street system, utilities or other public property that might be damaged during the dewatering excavation process and the construction of subterranean improvements. 11. If found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an agreement and provide a policy of insurance guaranteeing the repair of all damage to private property caused by the dewatering excavation process and the construction of subterranean improvements.- - ' -'� - 12. Prior to the issuance of grading permits, a National Pollution Disc$arge Elimination System (NPDES) Permit shall be obtained from the Santa Ana TO: Planning Commission - 15. .Begional Water.-Quality_Control_Board. Water extracted•::from.dewatering_.welLc_. .., ., shall meet current Envirorlmental Protection Agency requirements prior to discharging into the Bay. If necessary, the water shall be desilted prior to discharge. 13. Light construction equipment shall be used for earthwork operations. No'heavy equipment shall be used. 14. Existing on-site drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water, sewer, and storm drain for on-site improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. 15. A landscape plan; prepared by a licensed landscape architect, shall be submitted which includes a maintenance program that controls the use of fertilizers and pesticides. The plan shall be reviewed by the Parks, Beaches and Recreation Department and approved by the Planning and Public Works Departments. Prior to the issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 16. Landscaped areas shall be irrigated with a system designed to avoid surface run- off and over-watering. 17. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. 18. Suspended solids (e.g. sand) shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the Public Works Department and the Grading Engineer. 19. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. 20. Drainage facilities and architectural features shall be designed to prevent runoff from entering the garage structure, keep the garage floor slab dry from seepage, and remove oil and grease from runoff prior to discharge into the public storm drains. Verification of these design features shall be made by the City Engineer prior to the issuance of building permits. 21. Six (6) inches shall 'be added to the bulkhead cap td-bring it'to'an dl"evatioh"of" nine feet above mean low water as required by the Cannery Village/McFadden Square Specific Plan. TO: Plant Commission - 16. • 22. Prior to demolition of•existing structures, a complete'plan for-litter .and debris- control for the demolition, grading, and construction phases to ensure that no debris is permitted to enter Newport Harbor shall be approved by the Planning and Marine Departments. 23. If the applicant intends to use an ocean disposal site for excavated materials, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits from the Army Corps of Engineers and the City of Newport Beach have been obtained. Such evidence shall be submitted to and verified by the Public Works Department prior to the issuance of a grading permit. 24. Development shall be in substantial conformance with the approved site plan, floor plans and elevations. 25. All mechanical equipment and trash areas shall be screened from-public streets, alleys and adjoining properties. 26. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 27. Street signs, tables, benches, planters, and other similar features on-site or adjacent to the project site shall be designed with a common theme compatible with the overall architectural style of the project. The design shall be approved by the Planning, Public Works, and Parks, Beaches and,Recreation Departments prior to the issuance of an occupancy permit. 28. Existing overhead utilities on the project side of Newport Boulevard, 26th Street and 28th Street shall be put underground to the satisfaction of the Public Works Department. . 29. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant-shall contribute funds towards traffic and circulation improvements. 30. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department prior to the issuance of demolition, grading or building permits. 31. No construction storage or delivery of materials shall be allowed within the Newport Boulevard right-of-way. 32. Prior to the issuance of grading permits, a parking plan showing how workers will be able to park without using on-street parking must be submitted and approved by the Public Works Department. 33. No earthwork hauling operations, major concrete placement and other construction operations requiring more that 32 trips per day or 4 trips per hour by trucks with � 1 TO: Planning Commission - 17. _ more than-three axles may-.be—scheduled--to—.occur-,-,between .June-• 1-: and--' :. September 15, and one week before or after Easter, unless otherwise approved by the Public Works Department. 34. Construction staging, materials storage, and worker parking shall be provided on the adjacent site owned by the applicant which is located on the northwest-corner of 28th Street and Newport Boulevard. 35. Construction activities will be conducted in accordance with the Newport Beach Municipal Code, which limits the hours of construction and excavation work to 7:00 a.m. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. 36. The applicant shall apply for a waiver of City noise abatement regulations to allow for dewatering and pouring of the basement slab. The continuous concrete pour shall be scheduled on a non-summer weekend outside of the peak traffic period. 37. Any mechanical equipment and emergency power generator shall be screened from view, and noise associated with said facilities shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a registered engineer practicing in acoustics and approved by the Building Department. 38. At the time, the City removes the requested waiver of City noise abatement regulation to allow for dewatering and, pouring of the basement slab, the City Engineer shall determine if it is necessary to require barriers or baffles to reduce noise from construction equipment so as not to exceed 55 dBA at the property lines. If required, the developer shall install such measures prior to beginning any activities for which a waiver was not granted. 39. All exterior living areas (e.g. balconies and patios) which lie within the 65 CNEL contour shall be constructed with 6 foot high noise barriers. The noise barriers shall be continuous (no openings or gaps) and have a minimum density of 3.5 pounds per square foot. The walls may be stud walls with cement plaster exterior, V4 inch plate glass, 5/8 inch plexiglass, any masonry material, or any combination of these materials. Wood and other materials may be used if specifically designed as noise barriers. 40. All units exposed to exterior noise levels higher than 65 CNEL shall be constructed to achieve interior noise levels no greater than 45 CNEL. Prior to issuance of a building permit, a registered engineer practicing in acoustics shall review final architectural plans to determine what building upgrades will be necessary to achieve this standard. The Building Department shall require that such upgrades be'incorporated into the plans prior to the issuance of the building permit. Y l � TO: Pla Ng Commission - 10. • Most.likely_.the..only building.upgrade-that-will be.sequir.e&Js.higher:•rate windows..- ..,.. .. ... := such as 3/16 inch single pane glass for all windows that are exposed to Newport Boulevard. 41. ' All units that have a window exposed to Newport Boulevard shall be required to install mechanical ventilation. Air conditioning is an acceptable substitute for mechanical ventilation as long as it meets Uniform Building Code requirements. 42. Prior to the issuance of the occupancy permit, the Building Department shall require that an acoustical analysis be conducted by a registered engineer practicing in acoustics (at the developer's expense). This analysis shall determine if all noise mitigation has been installed as required and that noise levels will meet City standards. The noise measurements shall be taken at that point in the worst case unit where the highest noise levels are expected. If different noise attenuation methods are used for different units, then a worst case unit for each method shall be tested. 43. Pouring of the basement slab shall be scheduled to encompass only one nighttime period. The schedule for any continuous concrete pour shall be reviewed and approved by the City Engineer. 44. Electric pump motors shall be required for dewatering equipment to reduce noise levels. 45. A dust control program in compliance with South Coast Air Quality Management District Rule 403 shall be implemented during demolition, excavation and construction. This program shall include such measures as: containing soil on- site until it is hauled away, periodic watering of stockpile soil, and regular vacuum sweeping of streets used for the haul operation to remove accumulated material. 46. A fan-assisted ventilation system shall be installed in the venting system for the subterranean garage for use in peak periods when natural ventilation is not sufficient. 47. All residential units and commercial/office uses shall be provided with central air conditioning. ' 48. Prior to the issuance of building permits, the Fire Department shall revi�w the proposed plans to determine the adequacy of emergency access. The Department may require indoor fire protection features, such as overhead fire sprinklers, if it determines that such measures are necessary to provide adequate fire protection. 49. Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. incorporation o f water-savin 50. Final designof the project shall provide for the rp ,w g devices for project lavatories and other water using devices. This shall be verified by g the Building Department prior to issuance of occupancy permits. a� ' M1 • • • I TO. Planning Commission - A - .. ...51_. _ 1rior.ta.issuanee•of•buildingosgrading.permits,_a.master,.planof.water.and:seauer _. facilities shall be prepared for the site. The applicant shall verify the adequacy of existing water and sewer facilities and construct any modification of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities. 52. A bus turnout shall be incorporated into the project design to provide facilities at the existing bus stop on Newport Boulevard south of 28th Street. The area adjacent to the turnout shall include a paved waiting area with a bus shelter or bench. Design of the turnout and amenities shall be approved by the Planning and Public Works Departments prior to the issuance of building permits. 53. A ,paved, lighted, and handicapped accessible pedestrian accessway shall be provided from the project to the bus stop. B. Site Plan Review No. 52. Findin 1. That the proposed site plan gives due regard to the aesthetic qualities of the harbor. 2. That the site does not contain any unique landforms such as coastal bluffs. 3. That the development is compatible with the character of the neighborhood and will contribute to the orderly and harmonious development of surrounding properties and the City. 4. The development is sited and designed to maximize public views through the site. 5. That there are no environmentally sensitive areas on-site. 6. The property does not contain any areas of unique geologic hazards. 7. Residential development shall meet City noise standards. 8. The site plan and layout of buildings, parking areas and pedestrian and vehicular access are functional in that there will be a minimum of commercial/residential conflicts. 9. The development is consistent with the General Plan, the Local Coastal Program, Land Use Plan and the Cannery Village/McFadden Square Specific Area Plan. 10. Mechanical equipment and trash enclosures are concealed from view. 11. That there are no archeological of historical resources on-site. Y 12. That the site is not adjacent to any residential district. ' TO: Planning Commission - 20. Conditions: 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans and elevations, except as noted below. 2. That all mitigation measures, and conditions of approval for Use Permit No 3361, Tentative Map of Tract No. 14025 and Coastal Residential Development Permit No. 18 be fulfilled. 3. That one parking space be provided for each 250 sq.ft. of commercial or office development, .75 parking space be provided for each boat slip, and 2Y2 parking spaces be provided for each dwelling unit. 4. The access to the subterranean parking shall be a minimum of 26 feet clear width. 5. That upland use must accommodate needs of the marina as required by City Council Harbor Permit policies, specifically those which deal with parking, safety and sanitation. 6. The surface lot shall be redesigned to provide turn around area for all spaces within the lot. 7. The driveway shall conform to Std 110-L for sight distance. 8. On-site parking and access for pedestrians and vehicles shall be subject to further review and approval of the City Traffic Engineer. 9. A 10 foot area of the drive with a slope not to exceed 29o' shall be provided at the back`of sidewalk. 10. A plan to accommodate delivery vehicles shall be reviewed and-approved by the City Traffic Engineer. C. Use Permit No. 3361. Findings: 1. That the development provides for both public physical and visual access to the bay. 2. That the increased height results in more public visual open space and views that would result from compliance with the .basic height limit, since the project design includes an open space plaza which is a minimum of 100 feet wide from Newport Boulevard to the Bay, and approximately 65% of the site is used for open space. 3. The increased building height results in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the -area within the general theme of a marine environment since the open space plaza TO: Planning Commission - 21. j ulegratea.1he .project with She:visual-amenity o£Newport-Bay, and-the-variation . ..- of the facade minimizes the visual impact of the structures. 4. The increased building height does not result in undesirable or abrupt scale relationships between the structure and existing developments or public spaces. 5. The increased height does not result in floor area exceeding that otherwise permitted. 6. That incentive uses are provided by the development which allow the establishment of general office and commercial uses. 7. That the proposed commercial space constitutes a significant portion of the development. 8. That the proposed commercial development is large enough to accommodate viable business. 9. The approval of Use Permit No. 3361 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons.residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans and elevations. 2. That the characteristics of the open space plaza be maintained, including the 120 foot dimension on Newport Boulevard, the minimum 100 foot clear width at ground level, and the minimum 50 foot clear width at the second and third levels. 3. That any fences or protective rails required for parking structure stairwells within the open space plaza be visually open. 4. That the building shall be no higher than 35 feet, subject to the provisions of the Cannery Village/McFadden Square Specific Plan in regards to the ground floor elevation and in accordance with the definitions contained in Section 20.87.205 of the Newport Beach Municipal Code. . 5. That incentive uses shall be provided if general commercial or office uses are provided on site. The split between incentive uses and uses which can be _ developed only upon the provision of incentive uses is 401YO incentive use and 60% use which requires incentive. Prior to the issuance of any grading' or building permits for the project, the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, agreeing to the provision of required,incentive uses. TO: Pia• Commission - 22. • 6: -Should the•-fmal-design of the-project result in the loss-of on-site parking, the commercial component of the project may be reduced, but may not be less than 20,000 sgft. 7. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 9. That a Coastal Development Permit be issued prior to the issuance of a building permit. D Traffic Study No 59. Fin in 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter' 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary-modified; or primary street. E. Tentative Map of Tract No 14025, Findings-, 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That Section 13.05.010 of the Newport Beach Municipal Code requires that public improvements be completed in commercial areas prior to the issuance of building permits for a new structure. 4." That-the c conge"stioii during the summer i ionths (June 1 through September 15) and during Easter Vacation (one week before and one week after Easter) is significant and any major truck haul operation during this time would further congest the traffic to an unacceptable level. TO: Planning Commission - 23. 5. - • That this area has significant pedestrian traffic,and sidewalks.meed to remain open - - - during construction operations. 6. That the development is on a bus route and that it should encourage bus use by providing convenient access to a bus stop for its residents and patrons. 7. That the proposed project is consistent with the Newport Beach General Plan and the Local Coastal Program, Land Use Plan. 8. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the design of the subdivision. 9. That the proposed subdivision presents no problems from a planning standpoint. Conditions, 1. That a finial map' be recorded. '. That the final map be prepared so that the bearings relate to, the State Plane Coordinate System and that elevations of all lots be shown along with the bench mark datum. . 2. That all improvements be.constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee 'satisfactory completion of the public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 4. That each floor of each building of the subject development shall be served with separated sewer laterals unless otherwise approved by--the- Public Works Department. The commercial and residential portions of the development shall be served with separated sewer laterals and water services. 'S. , That the on-site parking (both subterranean and surface parking), vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. That the parking structure have a,minimum entrance elevation of 9.00 MLLW'(6.27 MSL) at all entrances to prevent flooding from high tides. 6. That the intersection of the private drives and streets be designed to provide sight distance for a speed' of 35 miles per hour. Slopes, landscape, walls, structures and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four requirement may be modi fied at non-critical ' height. The si t distance. inches my 'locations; `subject to-•approval•of-the-Traffic Engineer. 7. That a 20 foot radius comer cutoff at the corner of 28th Street and NeTyport Boulevard and 15 foot radius corner cutoffs at the comer of Newport Boulevard • 0 TO: Planning Commission - 24. - . _ ,._and 26th::Street and at. the.-comer of. 28th..StreeL and. Lafayette:Avenue:_be:. - dedicated to the public. 8. That curb, gutter and full width sidewalk be reconstructed along the Newport Boulevard frontage, that any deteriorated sidewalk or curb and gutter that does not drain be reconstructed along the 26th Street frontage; that the curb returns at the intersection of 26th Street & Newport Boulevard and the intersection of 28th Street & Lafayette Avenue be reconstructed to a 20 foot radius including curb access ramps per City Standard 181-1, the power pole and catch basin on the comer of Newport Boulevard and 26th Street will require relocation; that the unused drive aprons be removed and replaced with curb, gutter and sidewalk along the 28th Street, Newport Boulevard and 26th Street frontages; that the depressed section of sidewalk on 28th Street adjacent to the bulkhead be reconstructed; that new street lights be constructed per current city standards along the 28th' Street, 26th Street, Newport Boulevard and bay frontages; that the existing 16 inch water main crossing the property be reconstructed in the adjacent streets to the satisfaction of the Utilities Department prior to issuance to any grading permits; that the existing sewer running through the subject property be abandoned and removed or filled with slurry; and that all street, drainage and utility improvements be shown on 'standard improvement plans prepared by a licensed civil engineer. 9. That the existing utility easement crossing the existing property be abandoned after removal of utilities. 10. That a hydrology and hydraulic study be prepared by the 'applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on-site improvements prior to recording of the tract map. Any modifications or extensioAs to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 11. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). That the existing bulkhead tiebacks be maintained until an approved alternate is in place or other provisions made to insure the integrity of the bulkhead. 12. That County Sanitation District fees be paid prior to issuance of any building permits. 13. That the Public Works.Department-plan,check_and inspection fee be paid. 14. That the Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L. TO: Planning Commission - 25. 15. Disruption .caused .by:_construction,work _along roadways and—by movement—of. :. construction vehicles shall be,minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall be allowed within the Newport Boulevard right-of-way. Prior to issuance of any grading permits, a parking plan showing how workers will be able to park without using on-street parking must be submitted and approved by the Public Works Department. 16. That a 10 foot wide easement be granted to the city along the bay frontage so as to provide unobstructed public access across the entire project between 26th Street and 28th Street. Said easement shall be improved with lighting and a concrete sidewalk or other materials meeting the approval of the Public Works Department. Grate type drainage inlets will not be acceptable within the easement area without prior approval of-the Subdivision Engineer. 17. That easements or agreements be provided for construction and maintenance of utilities where water, sewer and other utilities encroach into other lots, ie: between Lots 2 and Iwhere the floor surface for lot 3 is the proposed lot line, room for sewer lines to serve Lot 3 does not appear to be provided. 18. That a bus bay and shelter or bench be provided on the Newport Boulevard frontage with the location to be determined by the OCTD and the Public Works Department. The.shelter is to be outside the sidewalk area. An easement is to be provided to cover the additional area needed for the bus bay and sidewalk. 19. That no earthwork .hauling operations, major concrete placement and other construction operations requiring more than .32 trips pet day or 4 trips per hour by trucks with more than 3 axles be scheduled to occur between June 1 and September 15, and one week before and after Easter, unless otherwise approved by the Public Works Department. 20. That underground building construction be setback from the sidewalk a sufficient distance to allow the sidewalk to remain in service during construction unless otherwise approved by the Public Works Department. That no tie backs or foundations be constructed in the public right-of-way. 21. That the overhead lines along Newport Boulevard and 28th Street be placed underground to allow the westerly 2 poles on Newport Boulevard and the 3 poles on 28th Street to be removed. Guy poles are excepted from this condition. 22. That an agreement for maintenance of non-standard improvements be executed by the developer if special textured sidewalk or other non-standard improvements are proposed to be constructed within the public right-of-way around the development. The design of all non-standard improvements must be approved of the Public Works Department. • TO: Planning Commission - 26. F, Coastal Residential Development Permit No. 18. Fin din 1. That the proposed development has met the requirements of City Council Policy P-1. Conditions.• 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, the form and content of which is acceptable to the City Attorney and the Planning Director, which guarantees the provision of four affordable dwelling units on-site or off-site within the City. The affordable housing agreement shall be recorded as deed restriction against the property. 2. The affordable units provided shall be affordable to moderate income families if the units are for sale or to low income families at fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. 3. The term of affordability shall be thirty years. 4. If it is proposed to provide the affordable housing units off-site within the City, the affordable housing agreement shall -include provisions regarding the'timing of the affordable units in relation to'the occupancy of this project and performance bonding or other measures to assure the provision of the units within three years of the occupancy of this project as required by State law. Y • a T • TO: Planning Commission - 27. EWIBIT "B",. _.____Attachment 2 • FINDINGS FOR DENIAL ENVIRONMENTAL IMPACT REPORT NO. 144 SITE PLAN REVIEW NO. 52 USE PERMIT NO. 3361 TRAFFIC STUDY NO. 59 TENTATIVE MAP OF TRACT NO. 14025 COASTAL RESIDENTIAL DEVELOPMENT NO. 18 A Environmental Impact Report, 1. That an environmental document is not needed for a project which is denied. B, Site Plan Review No. 52, 1. That the site is more appropriate for commercial given the location on Newport Boulevard. 2. That the commercial land use designation allows less building bulk than commercial/residential mixed use. C Use Permit No. 3361. 1. That the increased building height results- in a project which is higher than development common in the Cannery Village-area. 2. That constrdction of the project will result in undesirable and abrupt scale relationships.between the proposed structure and existing development. 3. That the architectural character of the project does not contribute to- the general theme of a marine environment. D. Traffic Study'No. 59, 1. That a traffic study is not needed for a project which is denied. E Tentative Map of Tract No. 14025 1. That the proposed vertical subdivision has problems from'a planning standpoint in that the project does not provide sufficient commercial development, and would result in buildings which are, too high and large for the neighborhood. '-FL . ^'Coastall--Re�gidentiat'D•evelop gtito-Peimift-No, 1. That a Coastal Residential Development Permit is not required for a project which is denied. Q I Plannif COwrAssion - 28• 9 TO: Attachment 3 VICINITY MAP SITE PLAN REVIEW NO. 52 USE PERMIT N0. 3361 TRAFFIC STUDY N0. 59 TENTATIVE MAP OF TRACT N0. 14025 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 18 -Qtj;uufl..- p C7 l(`iil L(D. 1 � ('•• d�,t wm ioo� L ► O"a a i M !: 41 PROJECT SITE o ; k BtYB a o A 4 o { o � 4 00 OR dma °or 0 Attachment 4 --PZ. BOX 826,•BALBOA,CALIFORNIA August 15, 1989 Gary W. Pomeroy, Chairman Planning Commissioners City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658-8915 Dear Mr. Pomeroy and Planning Commissioners: The Balboa Peninsula Point Association has reviewed and supports the development proposed by Newcomb Development that is located on Newport Boulevard between 2.6th Street and 28th Street as shown on the Site Plan dated -August 81 1989. The Site Plan shows a distance of 120 feet between the major buildings„and this separation provides an excellent "window on the bay. We ure the to the so that any future ndeve opmentnwould bed required stot ordinance provide a window on the bay. Thank you. Sincerely, Dayna Pettit, President For' the BPPA Board CC: Mayor Donald A, Strauss Council Members Robert L. Wynn, City Manager Newcomb Development RECESVED AUG1810 p!7 tr� i NeOMP.T 1161►CK, t �� •� _� • •Attachment 5 • 7 (}7Q P Weston Pringle & Associates — A TRAFFIC&TRANSPORTATION ENGINEERING September 26, 1989 nr��ggv,,p yy� }S'Y\•T�L• Ms. Annette Sanchez Baesel 3144 Bonn Dr. Laguna Beach, CA 92651 � Dear Ms. Baesel : This is an addendum letter to our July 24, 1989 study which summarized our analysis of traffic factors related to the proposed 28th Street Marina development in the City of Newport Beach. The study has been conducted to satisfy the requirements of the City's Traffic Phasing Ordinance. This study - is based upon information provided by you, City Staff and previous 'studies. PROJECT DESCRIPTION The site is located easterly of Newport Boulevard between 26th and 28th Streets. At present, the site contains 8,000 square feet (SF) of marine commercial , parking, dry boat storage and 21 boat slips. Planned development includes 22,500 SF of commercial 'uses• and 36 residential dwelling units along with the existing boat slips. Table 1 summarizes , existing and proposed development quantities. Parking for 194 vehicles is proposed on site with both surface and subterranean parking. All vehicular access to the site is proposed from 28th Street. Figure 1 illustrates the site location. EXISTING CONDITIONS Newport Boulevard is the southerly extension of the Route 55 Freeway and extends southeasterly along the Balboa Peninsula. Adjacent to the site, it is a one-way, northbound street 'with two travel lanes and on-street' parking. Both 26th and 28th Streets have one -lane in each direction and extend from Balboa Boulevard to the site. While 26th Street' terminates at the channel , 28th connects to Lafayette Avenue. The intersection of Newport Boulevard and 28th Street is signalized. STOP signs control 26th Street traffic at Newport 2651 East Chapman Avenue • Suite 110 • Fullerton.California 92631 • (714)871-2931 ` • -2- Table 1 LAND USE SUMMARY QUANTITY LAND USE Existing Proposed Marine Commercial 8,000 SF Commercial 22,500 SF Residential 36 DU Boat Slips 21 • 93 A4 DR. J t i a off. N cma BRISTOL ST ` NORTH BRISTOL S T. SJ` � D ZO m � II 9 � W FORD 6� GO $pN JOAQ�iH a w cr k <<S RD. w Co �jir Q � Q �QO COAST HWy w w a 00 VIA LIDO w PACIFIC Ca 9� SITE 2rO� SITE LOCATION MAP M WESTON MINGLE &ASSOCIATES FIGURE 1 q -3- Boulevard. There are 10 on-street parking spaces and two driveways along the Newport Boulevard frontage. At present, there are single driveways on both 26th and 28th Streets with seven parking spaces on 26th Street and eight on 28th Street. Existing daily traffic volumes and 1988 ICU values at major intersections are illustrated on Figure 2. These . data were provided by the City of Newport Beach. TRIP GENERATION Trip generation rates for various land uses have been developed from studies conducted by government agencies and consultants. The City of Newport Beach Traffic Engineer has recommended a rate for General Retail and residential uses which would apply to this project. These rates are listed in Table 2. The estimated 2.5 and peak hour trip generation for the existing and development are listed in Table 3. These estimates are based upon the quantities listed in Table 1. Since trips are currently being generated by the existing uses, these trips were deducted so that the actual increase in traffic could be estimated. The current trip generation from the site is included in the existing traffic data utilized for the traffic analysis later in this report. An estimated increase of 60 trips would be generated during the AM 2.5 hour peak and 150 during the PM 2.5 hour peak. During the AM peak hour, an increase estimated to be 30 trips would be generated and 75 during the PM peak hour. TRIP ASSIGNMENT In order to assign project traffic to the street system, it is necessary to develop a trip distribution pattern. A trip distribution pattern was developed based upon regional land use and circulation, previous studies and consideration of the proposed uses. This distribution is illustrated on Figure 3. The estimated trips to be generated by the project were assigned to the street system in conformance with this distribution. Y 9� Table 2 TRIP GENERATION RATES 28th Street Marina TRIP ENDS PER DESCRIPTOR LAND USE DESCRIPTOR Daily AM In AM Out PM In PM Out Marina Commercial 1,000 SF 40.0 0.7 0.5 1.5 2.0 Commercial 1,000 SF 40.0 0.7 0.5 1.5 2.0 Residential Dwelling Unit 6.0 0.1 0.3 0.4 0.2 Table 3 TRIP GENERATION 28th Street.-Marina - TRIP ENDS LAND USE QUANTITY Daily AM In AM Out PM In PM Out Commercial 22,500 SF 900 15 10 35 45 Residential 35 DU 210 5 10 15 5 Subtotal Project 1110 20 20 50 50 Marine Commercial 8,000 SF 320 5 5 10 15 (Existing) - GRAND TOTALS 790 15 15 40 35 2.5 Hour Peak Totals 30 30 80 70 37 .57/0.66 36 0.68/0.69 0.47/0.56 DR. 14 0.58/0.92 T 0.49/0.49 1.02/0.90 u O� SR)STO m i ro 0.54/0.62 ` ST. NORT 0 �v BRISI'OL Sr .8 G96/0.71" LEGEND 0.95/0.59 0.87/0.68 56 = DAILY TRAFFIC VOLUMES 078/0.55 Q. , 54 IN THOUSANDS. Q77/0.66 = AM/PM ICU �O n 0.89/0.73 50 a OU's 5061 yG IA W 39 D. 0.69/0.59 t2 FORD B 0.91/0.77 0.68/0.76 GQ 0.78/0.55 JO `51 a m N 40�� C o N o SA 3 17 0.65/0.82 0.57N.73 6 h�<C S RD. ct 2to 2 41 _ " CENTER Q71/0.87 Q a > _ 4 W Q 54 64 t- g 74 375 47 43 28 �O w �a B 0 60 00PS7. Hw W (L W PACIFIC m 52 O a o OD m p�J o 0 9� o o 43 °�' o } rn of �' d o a fi m o cn ao O o o O fjQ d 1 p p o b.66/0.55 to m ao 0.56/0.59 0 EXISTING. DAILY VOLUMES AND ICU VALUES Y WESTON MNGLE & ASSOCIATES FIGURE 2 �� � • 1 + I J DR. r. a o BRIsrOL sr 15 m 5` SRISTOL Sr. ly rH JN��EQ J SJHTCir D yO m p a � a GIRD. � W FORD 6� GQ 35% Q HOSPITAL 5�N J04GV/h > z ce. /<<s RD. in G a 15% `y W CA > N � Q• W COAST ul)IWY ems' o VIA UDO w PACIFIC i a 300 $ F� SITE 10% DIRECTIONAL DISTRIBUTION •Y WESTON PRIINGLE &ASSOCIATES FIGURE 3 �� 0 -5- TRAFFIC ANALYSIS The traffic analysis has been ^completed to conform to the criteria of the City of Newport Beach Traffic Phasing Ordinance. A total of eight intersections were identified by the City Traffic Engineer for inclusion in the analysis. The first required analysis is. the 'One Percent" test. An intersection is defined as critical by the Ordinance when the project traffic exceeds one percent of existing plus committed project plus regional growth traffic on any approach to an intersection during the AM or PM 2.5 hour peak period. A list of committed projects was provided by the City for inclusion in this study and these projects are listed in Table 4. Since the project is scheduled for completion in 1990, the analyses were completed for 1991 as required by the Ordinance. Appendix A contains the 'One Percent" analysis sheets for the eight intersections analyzed and the results are summarized in Table 5. Review of Table 5 indicates that all intersections passed the 'One Percent" test except Newport Boulevard/32nd Street and Newport Boulevard/Via Lido. In conformance with the Traffic Phasing Ordinance, ICU analyses were completed for the two intersections for those periods that.were found to be critical . These analyses are contained in Appendix B and included ex*'.sti'ng, existing plus regional growth plus committed project_and.existing plus regional growth plus committed project plus project traffic conditions. The results of these analyses are summarized in Table 6. Review of Table 6 indicates that all intersections are projected to have ICU values of less than 0.90 for the critical periods with the project and committed project traffic. On this basis the project would not be defined as having an impact in conformance with the Ordinance. Construction activity would be expected to generate increased truck traffic durng some periods which could impact traffic operations. It is especially important to consider the seasonal variation in traffic activity in the area with respect to construction. Since the heaviest truck activity is understood to be related to the excavation and concrete pouring, it is recommended that these activities be restricted to the period between Labor Day and Easter. . 9q • -6 Table 4 COMMITTED PROJECTS Hoag Cancer Center Mariners Church Expansion Aeronutronic Ford Big Canyon Villa Apts. Civic Plaza 1400 Dove Street Corporate Plaza 1100 Quail Street Mac Arthur Court McLachlan-Newport Place Newport Place Koll Center TPP Amend. 4A Sea Island Villa Point Harbor Point, Homes Rosan's Development Martha's Vineyard Fashion Island #2 Valdez Newport Aquatics Center Coast Business Center 2600 E. Coast Hwy. Koll Center NPT No. 1 Taco Bell Ross Mollard Newport Retirement Inn 1501 Superior Medical Newport Classic -Inn 15th Street Apts Newport Lido Med Center Newporter Resort Expansion Big Canyon 10 Fashion Island Renaissance YMCA 20th St. Bed/Breakfast Inn Amendment No. 1 Ford Aero Amendment No. 1 North Ford Sharaton Expansion Newport Dunes Amendment No. 1 Mac Arthur Bayview . National Education City of Irvine Development North Ford Shokrian Riverside Retail Building Edwards Newport• Center 3800 Campus Dr. Seaside Apts. III 3760 Campus Dr. Newport Imports Fidelity National Tivle Newport Place Tower Mariners Mile Marine Ctr. i -7 Table 5 CRITICAL INTERSECTION IDENTIFICATION 28th Street Marina LOCATION 2.5 HOUR PERCENTAGES NB SB EB WB AM PM AM PM AM PM AM PM Coast Highway & Orange St. - - - - 0.1/0.2 0.2/0.1 Coast Highway & Balboa Blvd. - 0.6/0.8 0.4/0.3 0.1/0.2 - - Superior Ave. Coast Highway & Riverside Ave. - - - - 0.1/0.3 0.3/0.3 Coast Highway & Tustin Ave. - - - - 0.2/0.3 0.3/0.3 Coast Highway & Dover Dr. - - - - - 0.1/0.3 0.3/0.2 Bayshore Dr. j Newport Blvd. & 32nd Street 0.8/2.0 8.8/1.6 - - - - Newport Blvd. & Via Lido 0.6/1.4 0.7/1.0 - - - - Newport Blvd. & Hospital Rd. 0.2/0.6 0.3/0.6 - - - - I i i I I Y it I • poi Table 6 ICU SUMMARY 28th Street Marina INTERSECTION PERIOD Existing Existing Existing Existinc (1988) +Regional +Regional +Regional +Committed +Committed +Committer (1991) +Project +Projeci 1991 W Im rov, Newport Blvd. & 32nd St. AM Peak 0.56 0.56 0.57 - PM Peak 0.57 0.58 0.59 - Newport Blvd. & Via Lido PM Peak 0.54 0.55 0.55 - I i i Y `6 r It is further understood that the property owner also owns a half acre site on 28th Street that can be utilized for construction staging, storage of materials and employee parking. This would reduce impacts upon traffic operations in the area and is recommended to be a part of the construction program. The general impact of the proposed project on traffic in the area was also reviewed. This review was directed toward the proposed uses and relationship to summer peak traffic periods. As indicated in Table 1, the boat slips are existing and would not be expected to add trips to the system. While the residential uses are new, they would not be anticipated to add a significant number of new trips during peak times. The residents would tend to arrange travel patterns to avoid peak periods. In addition, as indicated in Table 3, the residential trip generation is minimal. Finally, the commercial use would be expected to serve a local market area due to its size. Commercial uses of i this size do not usually attract patrons from beyond the local area. On this basis, the commercial would ease travel by providing additional services in the area and reducing the need to go off the peninsula. In summary, the proposed uses would not be expected to contribute significant increases to summer peak traffic periods. OTHER CONSIDERATIONS Vehicular access to the site will be provided on 28th Street with all except 12 parking spaces being below ground level. The subterranean parking will be separated to reserve resident parking spaces by a gate system, A total of 90 spaces are provided for residents and their guests or 2.5 spaces per unit. The remaining 104 spaces are for commercial uses and the boat slips (88 commercial and 16 boat slips). Data relative to the grades and/or vertical profile of the ramps were not provided. The design should be reviewed to determine the grade, grade breaks, transitions and sight distance. The project will allow the closing of two existing driveways on Newport Y Boulevard and one on 26th Street which will increase on-street parking. No change in street parking will occur on 28th Street as a driveway currently .w �0 3 he • • -10- exists on this street. It is recognized that vehicles currently park in the driveway areas on both 26th and 28th streets on occasion; however, these are not legal parking spaces and not a part of the supply. It is understood that the ramp from 28th Street to the parking area will include a sidewalk or pedestrian facility. This will allow for persons with material and/or equipment to take to their boats to reach the dock area and serve the needs of shoppers with strollers or other equipment. It is further understood that short term parking for loading and unloading will be provided at ground level for deliveries, mail , drop-offs, etc. SUMMARY This study has reviewed traffic factors related to the 28th Street Marina development as required by the City of Newport Beach Traffic Phasing Ordinance. Estimates were made' of trips to be" generated by the project and the impact of these trips evaluated in terms of ' the Ordinance. No intersections were found to be impacted by the project. Some concerns related to the site design with respect to vehicle access, loading facilities and pedestrian circulation were identified. Principal findings of the study are the following: The project will generate 30 AM peak hour and 75 PM peak hour trip ends over that generated by existing development. 2. Of the eight intersections evaluated, two did not pass the "One Percent" test required by the Traffic Phasing Ordinance. 3. Of the two critical intersections, all were found to have ICU values less than 0.90 with project traffic. 4. On an overall basis, the proposed uses are not expected to significantly increase traffic during peak summer periods. 5. The closure of two existing driveways on Newport Boulevard and one one 26th Street will increase the on-street• parking supply. ' 0 MITIGATION MEASURES The following measures are recommended to mitigate potential traffic impacts of the project. 1. Limit truck intensive construction activity (excavation, concrete pouring) to the period between Labor Day and Easter. 2. Utilize property on 28th Street for construction phasing, storage and employee parking. 3. Review the ramp designs with respect to grade, grade changes and sight distance. We trust that this study will be of assistance to you and the City of Newport Beach. If you have any questions or require additional information, please contact us. Respectfully submitted, WESTON PRINGLE & ASSOCIATES A�v Weston S. Pringle, P.E. Registered Professional Engineer State of California Numbers C16828 & TR565 WSP:hld #890240 - Y �o� APPENDIX A ONE PERCENT ANALYSES Y 01 1% Traffic Volume Analysis Intersection• COAST 'HIGHWAY/ORANGE 'ST (Existing Traffic Volumes b—OR on Average Winter pring 8$_. AM Peak 211 Hour Approved Approach Existing Regional Projects Projected 1% of Projected. Project Dipection Peak 2h Hour Growth Peak 2� Hour Peak 2h Hour Peak 2� Hour Peak 2y Hour Volume Volume Volume Volume Volume Volume 3 , i Northbound 245 Southbound 181 d Z `� Eastbound 5039 -7 77 713 Westbound 2364 g� � �Q ! s l� �/ Project Traffic is estimated to be less than 1% of Projected ❑ Peak 2k Hour Traffic Volume Project Traffic is' estimated to be greater than 1% of •Projected ❑ Peak 2� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Y DATE: PROJECT: FORM I /01 13 - tic' 1% Traffic Volume Analysis Intersection COAST HIGHWAY/ORANGE ST (Existing Traffic Volumes based on verage nter pring 88 ' PM: Peak 2k Hour Approved Approach Existing Regional Projects Projected 1% of Projected Project Direction Peak 24 Hour Growth Peak 211 Hour Peak 2k Hour Peak 24 Hour Peak 24 Hour Volume Volume Volume Volume Volume Volume Northbound 321 Southbound 113 d / Eastbound 4 2 Westbound 5677 LIJ 7 61a9 69 �� L•/°° Project Traffic is estimated to be less than 1% of Projected ❑ Peak 2; Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected ❑ Peak 2-1-2Hour Traffic-Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE: PROJECT: FORM I iy � 1% Traffic Volume Analysis ' Intersection COAST HIGHWAY/BALBOA BL—SUPERIOR-A;F ' ' -- (Existing Traffic Volumes baSeC on. verage winuel-lapr ng 988 AM Peak 2)1 Hour Approved Approach Existing Regional Projects Projected 1; of Projected Projec� Direction Peak 2k Hour Growth Peak 2k Hour Peak 2y Hour Peak 2y Hour Peak 2� Hour I Volume Volume Volume Volume /p Vol/ume ! Volume Northbound Southbounds ) Eastbound 5777 y�G� 69 �9a� ! b i 5 �D• 07i/ c/ 0�77 a3 Westbound 1866 G ��G Project Traffic is estimated to.be,less than 1% of Projected ❑ Peak 211 Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected ❑ Peak 2k Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Y DATE: PROJECT: FORM I "" of 1% Traffic Volume Analysis Intersection COAST:HIGHWAY/BALBOA-.BI,rSUP$ IOR_ AV (Existing Traffic Volumes ase on verage, n er pr ng gg_ PM Peak 2$ Hour Approved Approach Existing Regional Projects Projected lr of Projected Project Direction Peak 2k Hour Growth Pe 24 Hour Peak 2h Hour PeaVelumeur PeaYolume ur Volume Volume Volume Volume Northbound 2615 1/,/1 J,<a.T �d Southbound 3020 1a o 3/l/� 3l i - I Eastbound 48 3 L S /S S 7�c2 I S 7 to 10.21P/ Westbound 3 f yoS Project Traffic is estimated to be less than 1% of Projected ❑ Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 231 Hour Traffic Volume. Intersection• Capacity Utilization (I.C.U.) Analysis is required. DATE: ,- PROJECT: FORM I 18 � �- 1% Traffic Volume Analysis k Intersection COAST HIGHWAY/RIVERSIDE AV (Existing Traffic Volumes ba$ed on Average inter pring 98 AM Peak 211 Hour Approved Approach Existing Regional Projects Projected 10 of Projected Project Direction Peak 2y Hour Growth Peak 2k Hour Peak 2y Hour Peak 24 Hour Peak 2y Hour Volume Volume Volume Volume Volume ' Volume I Northbound 18 a C Southbound 79 7 q9 Eastbound 7331 PIP 791 19 Westbound 3112 t `3 7/z� Project Traffic is estimated to be less than 1% of Projected Y ❑ Peak 2k Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2; Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. I DATE: Y PROJECT: FORM I f11 1q• - -tM 1% Traffic Volume Analysis Intersection COAST HIGHWAY/RIVERSIDE AVENUE (Existing Traffic Volumes based on Average Winter/Spring 19 88 PM Peak 2$ Hour Approved Approach Existing Regional Projects Projected 18 of Projected Project Direction Peak 2h Hour Growth Peak 2k. Hour Peak 2y Hour Peak 2is Hour Peak 2�, Hour Volume Volume Volume Volume Volume Volume itNorthbound 53 Q 117 i Southbound 1241 Eastbound 4820 77a S-7-77 .17 " i o?O D,YXO Westbound /� �D o2 p 6�� erU< Project Traffic is estimated to be less than 1% of Projected Peak 2h Hour Traffic Volume a Project Traffic is estimated to be greater than 1% of Projected Peak 231 Hour Traffic •Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE: PROJECT: \�r FORM I 1% Traffic Volume Analysis Intersection` 'COAST-'HIGHWATt TUST:EN •Ai3 (Existing Traffic Volumes baseC on ANrage inter pring 988 AM Peak 2y Hour Approved Approach Existing Regional Projects Projected 1; of Projected Project Direction Peak 2ti Hour Growth Peak 2k Hour Peak 24 Hour Peak VolumeHour I Peak 22 Hour Volume Volume Volume Volume ume Northbound 4 d Southbound � / Eastbound 4999 sl 7 s/7 � f Westbound 3309 1171 Project Traffic is estimated to be less than 1% of Projected ❑ Peak 2�2 Hour Traffic Volume Project Traffic is estimated to, be greater than 1% of Projected Peak 2; Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. t Y DATE: PROJECT: FORM I 1% Traffic Volume Analysis Intersection COAST HIGHWAY/TUSTIN AV (Existing Traffic Volumes based on Average winteriapring ai PM Peak 2k Hour Approved Approach Existing Regional Protects Projected ;Peak ected Protect Direction Peak 2y Hour Growth Peak 2$ Hour Peak 2y Hour our Peak 2y Hour Volume Volume Volume volume VolumeNorthbound °2 Southbound zoo 96 J Eastbound 4693 Westbound 6009 Y� A 3/r Project Traffic is estimated to be less than 1% of Projected ❑ _ Peak 2k Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2? Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Y DATE: PROJECT: FORM I V 1% Traffic Volume Analysis Intersection COAST HIGHWAY/DOVER DR—BAYSHORE DR (Existing Traffic Volumes based on Average Winter/Spring 19q.8 AM Peak 24 Hour Approved FFAr Existing Regional Projects Projected 1� of Projected Project Peak 2$ Hour Growth Peak 2�y Hour Peak 2�S Hour PeaVolumeour. I Peak Hour Volume Volume Volume Volume I d 335 0 d S D /o7 fv!4/ Eastbound 6956 ��y/J _717 G V I 7 1 Westbound 3144 / so 3 7y 7 3 7 _�. Project Traffic is estimated to be less than 1% of Projected ❑ Peak 211 Hour Traffic Volume Project Traffic is estimated. to be greater, than 1% of Projected ❑ Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE: PROJECT: FORM I 1% Traffic Volume Analysis Intersection COAST HIGHWAY/DOVER DR—BAYSHORE DR (Existing Traffic Volumes bated on Average nter pr ng PM Peak 2y Hour Approved Approach Existing Regional Protects Projected 1% of Projected Protect Direction Peak 2k Hour Growth Peak 2y Hour Peak 24 Hour Peak ; eour Pea Volume Hour Volume Volume Volume Volume I Northbound 315 3Is Southbound3250 • Eastbound 4475 Jot 9 7 I S 3,J ,?O �p.3y� Westbound 8321 Aar 73 Project Traffic is estimated to be less than 1% of Projected ❑ . Peak 21� Hour Traffic Volume Project Traffic is estimated to be greater .than 1% of Projected �] Peak 2k Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. • Y DATE: PROJECT: FORM I ' r 1 1 • • 1% Traffic Volume Analysis • Intersection — NEWPORT 'BLy32ND'ST (Existing Traffic Volumes based on Average winter/Spring 1988 art Peak 2h Hour Approved Approach Existing Regional Projects Projected 1% of Projected Project o Direction Peak 24 Hour Growth Peak 2� Hour Peak Zh Hour Peak 2+1 Hour Peak 2y Hour Volume Volume Volume Volume Volume Volume Northbound 2422 Southbound 1496 Cr , Eastbound fl73 771 j Westbound Q y� Project Traffic is estimated to be less than 1% of Projected Peak 231 Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2-� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Y DATE: PROJECT: FORM I 71 • • 1% Traffic Volume Analysis Intersection NEWPORT BL/32ND ST (Existing Traffic Volumes ase on verage toter pring 988 PM Peak 2h Hour Approved Approach Existing Regional Projects Projected 1� of Protected Project Direction Peak 2h Hour Growth Peak 2h Hour Peak 2h Hour Peek 24 Hour PeaVo�`hHour Volume Volume Volume volume Volume r/Northbound 1696 s� 7// D �� Sauthbound 3000 Eastbound 643 Westbound 528 Project Traffic is estimated to be less than 1% of Projected 0 Peak 2h Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2k Hour Traffic Volume. Intersection•Capacity Utilization (I.C.U.) Analysis is required. ,r DATE: PROJECT: FORM I I` *br 1% Traffic Volume Analysis Intersection NEWPORT BL/VIA LIDO (Existing Traffic Volumes based on verage inter pring 19 S8_ AM Peak 2y Hour Approved Approach Existing Regional Projects Projected 1% of Projected Project Direction Peak 21S Hour Growth Peak 2k Hour Peak 2k Hour Peak 2k Hour Peak 2y Hour Volume Volume Volume Volume Volume Volume -71 Northbound 3041 S 3C y y , ' �U ��•�� Southbound 'Eastbound j Westbound 1023 Project Traffic is estimated to be less than 1% of Projected � • Peak 211 Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. ' Y DATE: PROJECT: FORM I ' �� 1% Traffic Volume Analysis Intersection NEWPO#tT BL/VIA LIDO (Existing Traffic Volumes based on verage Winter/Spring 19Q8 PM Peak 24 Hour Approved Approach Existing Regional Projects Projected 1� of Projected Project Direction Peak 2� Hour Growth Peak•2k'Hour Peak 2y Hour Peak 24 Hour Peak 2y Hour Volume Volume Volume Volume volume Volume Northbound 2761 Southbound 491E fO O SD j SO (/0 cl Eastbound /f U I Westbound 1410 6) Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected El Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U. ) Analysis is required. Y DATE: PROJECT: FORM I ,D • r 1% Traffic Volume Analysis Intersection NEWPORT BL/HOSPITAL RD (Existing Traffic Volumes bhsed on Average Winter/Spring 9a&) Am Peak 2y Hour Approved Approach Existing Regional Protects Projected 1� of ProjectedEPepalk tect Direction Peak 211 Growth iwume Peak iu1Hour Peak Hour PeaVolumeour ;Smeour me Northbound 4380 3 l yC2 Southhound 242 /o o3 Eastbound 1297 Westbound 2 7% Project Traffic is estimated to be less than 1% of Projected Peak 21� Hour Traffic Volume ❑i Project Traffic is estimated to be greater than 1% of Projected Peak 23-2 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U. ) Analysis is required. M DATE: PROJECT: FORM I S� 4 ,rn 1% Traffic Volume Analysis Intersection NEWPORT BL/HOSPITAL RD (Existing Traffic Volumes based on AVerage winter/Spring 1988 PM Peak 24 Hour Approved Approach Existing Regional Projects Projected 1% of Projected Project Direction Peak 2k Hour Growth Peak 2+1 Hour Peak 2� Hour Peak 2y Hour Peak 2h Hour Volume Volume Volume Volume Volume Volume Northbound 3633 O .�y ? Uy� i .7 S /0.6' Southbound 4551 37 D lo.6/n Eastbound 1688 3zL/Y Westbound /,4 7 L1 �1 Project Traffic is estimated to be less than 1% of Projected ❑ Peak 2;1 Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2k Hour Traffic Volume. •Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE: PROJECT: FORM I ay � 4 APPENDIX B INTERSECTION CAPACITY UTILIZATION ANALYSES Y i �.3 NE1310AM •/ INTERSECTION CAPACITY UTILIZATION ANALYSIS INTERSECTION: NEWPORT BOULEVARD & 32ND STREET 1310 ~ EXIST TRAFFIC VOLUMES BASED ON AVERAGE DAILY TRAFFIC WINTER/SPRING .---•-•----___1988 AM I IEXISTINGIPROPOSEDIEXISTINGIEXISTINGIREGIONALICOMMITTEDI PROJECTED IPROJECTIPROJECTI IMovementl Lanes I Lanes I PK MR I V/C I GROWTH I PROJECT I V/C Ratio IVOlume I V/C I I 1Capacity1C0p8city1 Volume I Ratio I Volume I Volume 1w/o Projectl I Ratio I I I I I I I I I volume I I I .II--- ---72........ ............................................... ............i_O.O i.._i..�..i O O I NL l 1600 l 1 I i 1 O --• -•----• -•----•------------ .................. I NY 1 1 11251 OI 1.3 I I /q 10 36 i MR I I IS I I p I I d I I ...................................•-----1 SL 1 1600 1 1 25 1 0.02 • I I o o a� l a l O.o� I O I -----•-•---•---------------•--- sT 1 1 533 1 1 /.S I ,a,,) 1 9 1, a0 I ........ 1 1 80 ) 0.19 SR 1 1 O I I l EL 1 2400 1 1 328 1 0.14 • 1 O I O. /y *1 O 1 a/Y I• ----------•------------------------------------------------------------------------------ I ET I 800 1 I 49 l 0.06 1 1 d 1 O, OG 1 D 1 L:06 I I__________________________________________________________________________________________ l I ER I M.S. 1 1 171 1 I O I I o...I....._.I ______________________________________________________________________ WL 1 I 38 . I - I D - I I O I I ................................................I I._•WT 32001 • 1 30 0.04 • I O IGO�/ 1 O 1D,Oy -------•--_------) ........................................ I WR ) I I 5o I 1 0 1 1 a I I ................................•-- .. ----•---.._.... ---------------I (EXISTING i 0.56 ' ................ 1EXIST + REG GROWTH + COMMITTED W/PROPOSED IMPROVEMENTS I.C.U. I O,. .- •-•-- '••--•-'•-••"'-•'•-••----•••---.........................................O (EXISTING + COMMITTED + REGIONAL GROWTH + PROJECT I.C.U. • ----•-------_-•-I S7 i .................................................................... ._._ 1_1 Projected + project traffic I.C.U. will be less than or equal to 0.90 1_1 Projected + project traffic I.C.U. will be greater than 0.90 1_1 Projected + project traffic t.C.U. w/systems improvement wilt be less than or equal to 0.90 1_1 Projected + project traffic I.C.U. with project improvements will be less than I.C.U. without project Description of system improvement: FORK II PROJECT 173 NE131OPH INTERSECTION CAPACITY UTILIZATION ANALYSIS INTERSECTION: NEWPORT BOULEVARD'S 32ND STREET— 1310 " ' .. EXIST TRAFFIC VOLUMES BASED ON AVERAGE DAILY T(UIFFiC WINTER/SPRING 1988 PH • • , I IE%ISTINGIPROPOSEDIEXISTINGIEXISTINGIREGIONALICOMMITTEDIPROJECTED• ••- IPROJECTIPROJECTI IMovemantl Lanes I Lanes I PK MR i V/C I GROWTH I PROJECT I V/C Ratio IVolune i V/C I 1 ICapacitylCapacityl Volume I Ratio I Volume I Volume Iw/o Projectl I Ratio I I I I I I I I I Volume I I I 1...HL.__1 16001 1 541 0.03 . I- ' .. . . . ..O IO. GJ-*I O IO,vJ •______________________--------------------------------•.................I - UT 1 1 6" 1 ' 1 20 1 9,a4 I--------) 3200 ------------------) 0.19 --------------------------- I MR I I is I I D 1 •___________________________________________•--•--••---- — ------------ SL •�- 1600 I I 38 [ 0.02 ••_______________________________________•-••-•--- ------------H 1 0.40 G:--- � .........I I • SR 1 I 249 I 1 0 1 1 O I I --------------------------------------------------- ... 1 1 EL 1 2400 1 I 174 1 0.07 + I o 1 a 07* 1 0 10471 I--------------•--••••••-- -••••••--------•--•-•---••-•--------- I ' ET 1 800 1 1 47 1 0.06 1 1 0 1 e.. e 6 t o I D, O, -• i ER I N.S. I 1 191 1 1 O 1 1 0 1 1 ____-__---•-•-••----•- •-•---I I WL I 1 51 1 1 o I I D I I .................) ' ...............................................I I VT 3200 1 . 1 73 0.07 • I e I D. 07 '- I D I o.07 1 ----—I (EXISTING 0.57 1 ..._._...._......._ I e6 1 1 e I I. _-a I I ...........................i•-• ..._._..._..-••......-._.._.._ [ __________•• •---•• [EXIST + REG GROWTH + COMMITTED W/PROPOSED IMPROVEMENTS I.C.U. I O. ,$-$' I I [EXISTING + COMMITTED + REGIONAL GROWTH + PROJECT I.C.U. IU S9 i ............................................................................................. i_[ Projected + project traffic J.C.U. will be less than or equal to 0.90 I_I projected + project traffic I.C.U. will be greater than 0.90 1_1 Projected + project traffic I.C.U. w/systems improvement will be Jess then or equal to 0.90 1_1 Projected + project traffic I.C.U. With project improvements will be less than I.C.U. without project ......................................................................................... Description of system improvement: Y , PROJECT FORM lI i ILI ' NE7415PN • INTERSECTION CAPACITY UTILIZATION ANALYSIS, INTERSECTION: NEWPORT BOULEVARD i VIA LIDO 1415 19a8 PH EXIST TRAFFIC VOLUHES BASED ON AVERAGE DAILY TRAFFIC MINTER/SPRING-.•-.•............... - I.. IEXISTINGIPROPOSEDIEXISTINGIEXISTINGIREGIONALICGMHITTED L PROJECTED IPROJECTIPROJECTI IMovementl Lanes I Lanes I PK HR I WC I GROWTH i PROJECT I WC Ratio Ivotune I V/C Ratio I I ICapacitylCapecityl Volune I Ratio i Volume I Volume Iw/o Projectl I I I I 1 1. I .._...._.. i I votum I I I I------•---------I----•-•-i--•----- ---•---- ------------G I 1 0 I I __ .................1.........--•-------••. ..........._----•-•-•--•--• R,1 I NT 1 3200 I 1 1049 I 0.33 • 1 3 I D. 3 y.I a? l ........3 .............................................•--._...... ...MR..i.. M.S. i 1 25 1 1 1 p 1 — I D 1 1 __ _ _ ........................•--••------------••-•---•-------•----....-. I 567 0.18 • I ' I B � 1 0 1 O'M 1 1 sL I 3zoo l I I G .'/..----•-••-•-•••-•...1 sT I •3200 1 1 1555 1 0.50 1 i a •................................................. .......... SR..i......_.j_ 1 .......41 1 1 1 D I I p I I -------------------------•------.--------..---•- I EL i _......I_ I I I I i p I o l I ----•..................................................................I I . .ET..i..._..-.i. I I p l I ... ...ER....................�....__..�.._..-•.�........................................... � � � . , -----------------------•-•._ �'"-WL 1 •1600 1 1 51 1 a.03 • I o 1 0. 03 It p 1 0,01 1 __._1 ...�..i._......I I 1 I l 0 1 l o { -------•-•---•----- -•---••-••--•--•---•-•.....-- I j _WR__� 3200 1 1 480 1 0.15 1 1 d 1 10.1'S I ----•-•----•-•................................... {----- ---•----- .. (EXISTING i..-o.s4l i ----•-•-•- •---•-•`-•- •----- I-••-- ----• !EXIST + -REG-- GROWTH + COMMITTED W/PROPOSED IMPROVEMENTS------------_------ J ---------------------- --1 (EXISTING + COMMITTED + REGIONAL GROWTH + PROJECT I.C.U.••-••-•--••••-••-•--•------..-,•---_- ........................................................ 1_1 Projected + project traffic I.C.U. will be less then or equal to 0.90 1_1 Projected + project traffic I.C.U. will be greater than 0.90 1_1 Projected + project traffic I.C.U. w/systems iagrovement will be less than or equal to 0.90 1_1 Projected + project traffic I.C.U. with project iaprovemants Witt be Iess than I.C.U. without project ....... .... . ............. ............................................................. Dsseripttan of systaa faprovaarne: v fORM II PROJECT 174 . NICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of N/R Marina Partners for Use Permit No. 3361, Site Plan Review No 52 Tentative Map of Tract No 14025 Coastal Residential Development Permit No 18, and Traffic Study No. 59 on property located at 2602-2620 Newport Boulevard. Request to permit the construction of a mixed use residential/commercial development which includes two buildings containing 36 residential condominium units and 21.315 sq.ft, of commercial floor area on property located in the 'Recreational and Marine Commercial' area of the Cannery Village/McFadden Square Specific Plan Area The proposal also includes: a request to allow the proposed buildings to exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District: a request to allow general office land use upon provision of incentive uses: a request to allow the commercial component of a mixed use commercial/residential project to be less than 0.25 FAR: a request to subdivide 26 existing lots into a vertical subdivision containing two lots for residential condominium purposes one lot for commercial and marina purposes one lot for residential paddng poses and one lot for commercial parkingRurposes• a request to approve a Coastal Residential Development Permit for the purpose of establishing Project compliance for a 36 unit residential condominium development .pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low-and-Moderate-Income Housing within the Coastal Zone: and the approval of a Traffic Study. NOTICE IS HEREBY FURTHER GIVEN that an Environmental Impact Report has been prepared in connection with the application noted above. It is the present intention of the City to accept the Environmental Impact Report and supporting documents. The City encourages members of the general public to review and comment on this. documentation. Copies of the Environmental Impact Report and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659-1768 (714) 644-3225. Notice is hereby further given that said public hearing will be held on the Lh day of October IM, at the hour of 7.30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 t Newport Boulevard, Newport Beach, California, at which time and place any and all persons j• interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising•only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644-3200. Janice A. Debay, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. I:VSYH MSSH, l;H yLbLb """"""•• �"---• -" 047-120-04 047-100-03 JENA R BELDEN ALFRED F L-USTBADER 1 S ORANGE GROVE BLVD 2727 NEWPORT BLVD PASADENA, CA 91105 NEWPORT BEACH, CA 92663 047-100-04 047-120-05 ALFRED F LUSTBADER I RUTH E SMITH TR 2707 NEWPORT BLVD I 122 HARBOR ISLAND RD I NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92660 I 047-120-20 RUTH PAYNE SMITH TR 122 HARBOR ISLAND RD NEWPORT BEACH, CA 92660 047-110-18 047-120-29 J K S FINANCIAL CX PAUL A TRAUTWEIN TR 2611 NEWPORT BLVD 3132 BRENT RD NEWPORT BEACH, CA 92663 BEDDING, CA 96002 Gaylord Helms Sandra.Marie Houdek 047-110-19 1268 Lakeshore Rd tdwin D. Taylor RENE BARGE (Box 94 !1930 Continental Ave. 3012 NEWPORT BLVD 'Boulder City, NV 89005 (Costa Mesa, CA 92627 NEWPORT BEACH, CA 92663 `N/R Marina Partners (Walter Burroughs 047-110-22 2800 Lafayette Ave. •James Peter Barrett JOAN M JACOBS Newport .Beach, CA 92663 •435 Aliso Avenue 825 W BAY AVE ;Newport Beach, CA 92663 BALBOA, CA 92661 Sentral.Newport Beach Comm. Assoc Mary J. Singer TR 047-110-29 'Jim Henley, President I1555 Mesa Verde 'Dr. East YADU R ALIPURIA 1112 W. Ocean Front Unit 45A 2.627 NEWPORT BLVD * Balboa, CA 92661 Costa Mesa,. CA 92626 NEWPORT BEACH, CA 92663 Security Title Insurance Truct #PT 1440 P. 0. Box 1589 San Diego, CA 92112 0jr7=010-06 (i047-023-12 047-052-0.4 ' CI 7-m. ,0-06 CO 1 WDATELINE TOURS CX �BARBARA P SARGEANT 717 LIDO PARK DR 2800 LAFAYETTE 448 S MCCADDEN PL- NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 LOS ANGELES, CA 90020 047-010-09 047-023-13 FIRST AMERICAN TRUST CO TED K COOK CURCI-TURNER CO P 0 BOX 1398 P 0 BOX 1549 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 V 047-010-13 047-023-14 047-052-06 BANK LLOYDS CALIFORNIA CALVIN G ROHRS TR GARNET V MCCULLOCH 105 AVE DE LA ESTRELLA 12151 SINGINGWOOD DR 2810 VILLA WAY SAN CLEMENTE, CA 92672 SANTA ANA, CA 92705 NEWPORT BEACH, CA 92663 047-023-01 04.7-052-07 WILBUR D SCHOCK j . DATELINE TOURS CX 212 VIA LIDO NORD I - • 2800 LAFAYETTE NEWPORT BEACH, CA 92663 I NEWPORT BEACH, CA 92663 - Y' 047-051-02 047-052-08 VAN LOON ENTERPRISES INC SERGIO AVILA 2019 S CAPELLA CT 407 28TH ST .'� COSTA MESA, CA 92626 NEWPORT BEACH, CA 92663 y i 047-023-03 047-051-06 047-052-09 AMOS CORGIAT MCCULLOCH TRUST SERGIO AVILA 7107 GEORGIA ST 450 CATALINA ST 2345 PORT CARLISLE BELL, CA 90201 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92660 047-051-07 047-052-13 WILBUR D SCHOCK TR #1 RUSSELL E FLUTER 212 VIA LIDO NORTH CANNERY VILLAGE REALTY NEWPORT BEACH, CA 92660 510 30TH ST NEWPORT BEACH CA 92660 047-023-06 ! 047-051-08 047-052-22 ALLAN FAINBARG TR ! JERRY D ADAMS ARTHUR MELLO 890 W BAKER #200 505 29TH ST 516 TUSTIN AVE COSTA MESA, CA 92626 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 v r 047-052-02 THEODORE S SCHNACK 211 E EDGEWATER AVE BALBOA, CA 92661 r,. 047-052-03 `` ` DAVID EMMES 3470 EIMBLEDON WAY ` COSTA MESA, CA 92626