Loading...
HomeMy WebLinkAboutTPO063_VILLA POINT PHASE II TP0063 'i C• OF NEWPORT BEACH F � L JON 01 1990 NOTICE OF COMPLETION JUN 011990 ite[$ GARY L. GF1r, j - -' n�P U1Y and Environmental Document Form GAM �I1.LE, County Clerk B 66 DEPldfY State Clearinghouse From: City of Newpor�f y8 ac !- 1400 Tenth St.,Rm.121 3300 Newport Blvd.-P.O.Box 1768 Sacramento,CA 95814 Newport Beach,CA 92659-1768 (Orange County) (Tel.No.: 916/445-0613) Contact Person: ..:.: .::.............::.:• :.: ••:, ..... Patricia Temple,Principal Planner •., SG Tel.No.: 714/644-3225 • Projcctlocnliom no o `E_a-,, -ry Gain I 4 LU l.1 fL� eul pn tl Be—,i! �l t ��tA Iv'.to(O Cross Streets F4a4b ' C(ah"f Nct't_ b� 111.YAL�,)��vn be ree (� Total Acres "l .3 A.P.No. ti Ali lUr S�,� Section: Tvp. {� Range: Base: Within2Milcs: State Hwy#. Waterways: ReWpo_/+ 1•�St A oit'Po✓T or ,?Q(VL OCeclA Airports•.� QJ[It'r,�Railways? Schools: Present Land Use/Zoning/General Plan Use UQ(d)1�- / �lan�l.2fl CG fYII'1't kV1lI� q M ll�'-IFa rni�U QSI�P/V('�1LC ' Project Description Q� Unt-l- (Af.ar4n \4PA 1 )eowJo niniaat C7tQ,l��DP/')7L/1.t7 Document Type CEQA: NEPA OTHER ❑ NOP ❑ Supplement/Subsequent ❑ NOI ❑ Joint Document ❑ Early cons ❑ EIR(Prior SCH No.) ❑ EA ❑ Final Document ❑ NegDec ❑ Draft EIS ❑ Other E&Draft tEIR ❑ Other ❑ FONSI Local Actlon Type ❑ Cenral Plan Update ❑ Specific Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Dev. ❑ Use Permit ❑ Coastal�Permit ❑ Community Plan 1N Site Plan Land Division(Subdivision ❑ Other SIX Parcel Map,Tract Map,etc.) cko u% l t Development Type* Residential: Units qO Acres q 3 ❑ Water Facilities: Type MGD ❑ Office: Sq.ft. Acres Employees ❑ Transportation: Type , ❑ Commercial:Sq.ft. Acres Employees ❑ Mining Mineral ❑ Industrial: Sq.Ft. Acres Employees ❑ Power. Type Watts ❑ Educational ❑ Waste Treatment: Type ❑ Recreational ❑ Hazardous Waste: Type ❑ Other. Project Issues Discussed In Document 13 Aesthetic/Visual ❑ Flood Plain/Flooding ❑ Schools/Universities ® Water Quality ❑ Agricultural land ❑ Forest Land/Fire Hazard ❑ Septic Systems ❑ Watter Supply/Groundwater C& Air Quality CR Geologic/Seismic ❑ Sewer Capacity ❑ Wetland/Riparian B ArcheologicallHistorical ❑ Minerals ❑ Soil Emsion/Compaction/Grading ❑ Wildlife Coastal Zone ®• Noise • ❑ Solid Waste ❑ Growth Inducing ❑ Drainage/Absorption ❑ Population/HousingBalance ❑ Toxic/Hazardous ❑ Land Use ❑ Economic/Jobs ❑ Public Services/Facililies Traffic/Circulation ® Cumulative Effects ❑ Fiscal ❑ Recreation/Parks ❑ Vegetation ❑ Other II Reviewing Agencies Checklist 'Y S = Document sent by lead agency Resources Agency X = Documentsent bySCH (_ Boating&Waterways / = Suggested distribution ❑ Coastal Commission ❑ Coastal Conservancy ❑ ColoSado River Board Environmental Affairs ® Conservation _ ❑ Air Resources Board ® Fish&Game ❑ APCD/AQMD ❑ Forestry ❑ California Waste ManagementBoard ❑ Office of Historic Preservation ❑ SWRCB-. Clean Water Grants ® Parks&Recreation ❑ SWRCB: Delta Unit ❑ Reclamation ❑ SWRCB: Water Quality ❑ S.F.Bay Conservation&Development Commission ❑ SWRCB: Water Rights ❑ Water Resources(DWR) n Regional WQCB# g ( ) Business,Transportation&Housing Youth&Adult Corrections ❑ Aeronautics ❑ Corrections - ❑ California Highway Patrol CALTRANS District# a, Independent Commissions&Offices ❑ Department of Transportation Planning(Hdgtrs.) ❑ Energy Commission ❑ Housing&Community Development ❑ Native American Heritage Commission ❑ Public Utilities Commission ❑ Food&Agriculture ❑ Santa Monica Mountains Conservancy ❑ State Lands Commission Health&Welfare ❑ Tahoe Regional Planning Agency ❑ Health Services State&Consumer Services ❑ General Services ❑ Other ❑ OLA(Schools) Public Review Period(to be filled in by lead agency) n Starting Date fieb % AS'D Ending Date i" tUYj_ «qf Signature (IItu0.1 cL Date Fe.Y)rlulq ��ol M-0 Lead Agency(Complete if applicable): [� p(� �? .For,SCH Use_Only: - Consult!ngPimc 63u�ltr RL-A(.1'1 �1 rou� �Q l60 \O Y h 1 �k0�2 ( I YL�Q, i Address: ' Date Received at SCH cityotate(Lip.' San QL&.b . C pv 9a.1D8 Date Review Starts Contact. Thou . Ock t tj; �I Date to Agencies Phone: &n) �`X�(�r t l� I Date to SCH (� n Clearance Date Applicant: (s[�� l_O�'fY�V'S' InC - Addtess 51aD (am pub D�r(,UP Notes. citymtatcaip: NrQWI Qr 4 nI JF'ac k l ffi �(�l 6 6o Phone: ( 6 CHAPTER 4 ENVIRONMENTAL ANALYSIS 4.1 TRAFFIC A traffic report based on information provided by The Irvine Company, City Staff and previous studies, was prepared by Weston Pringle & Associates in October of 1989. The study was conducted to satisfy the requirements of the City's Traffic Phasing Ordinance. This section is based on that report which is found in Appendix B of this EIR. Existing Conditions The proposed project site lies at the intersection of jamboree Road (Route 51) and East Coast Highway (Route 25). Adjacent to the site jamboree Road is a six-lane north-south Major Roadway, which extends from Balboa Island through the Cities of Newport Beach and Irvine and eventually to Interstate 405. Northerly of East Coast Highway, jamboree Road is generally six-lanes with turning lanes at the intersections. East Coast Highway is also designated as a major road. It runs in an east-west direction and is currently six lanes southeasterly of jamboree Road and is being upgraded to eight lanes adjacent to the site (westerly of jamboree Road). Back Bay Drive is an east-west street, one block north of East Coast Highway. East of the signalized intersection at jamboree Road, it serves as a private access road to Villa Point Phase I (under construction), terminating just north of the site. West of the jamboree Road intersection, Back Bay Drive primarily serves as access to the Newporter Hotel, the Newport Dunes aquatic complex, and the Back Bay Nature preserve. The Master Plan of the Countywide Bikeways (MPCB) identifies a Class I (off-road) bicycle trail along jamboree Road and East Coast Highway within the project area. These bikeways are being constructed as part of the current road widening in project vicinity. 4-1 a - r e9/Sr �Q Jai . C G e�/Sr0( Sr sr ��4a v O OQr/g 0 h . 2 �8 e C"?- 0. %' UNtVERs� f Oaa OvJf a \ A. ` SJ c � �Jh •�� OS SAN sRQ ° C to'�'tz; 00 �• ° ^` LEGEND 56 =GAILY TRAFFIC VOLUMES IN TFiOUSANOS. m� O 0.77/0.66 = AM/PM ICU *Project Site Intersections Analyzed NO SCALE Source: Weston Pringle&Associates. Villa Point Phase a FIGURE Butler Exisiting .Daily Volumes 4 - 1 Roach and ICU Values Groin a. r TABLE 4-1 Levels of Service Corresponding to Various ICU* Calculations LOS ICU A 0.51-0.60 B 0.61-0.70 C 0.71-0.80 D 0.81-0.90 E 0.91-1.00 * The Intersection Capacity Utilization (ICU) technique evaluates the performance based on a value to capacity ratio where the observed peak hour volume at the intersection is divided by the intersection's theoretical capacity. Source: Weston Pringle & Associates, 1989. describes a condition of free traffic flow with low traffic volumes and relatively high speeds, while LOS 'Y describes forced traffic at low speeds and congested conditions. Intersections with ICUs greater than 0.90 are exceeding the City's maximum desirable LOS. Of the 13 intersections considered in this analysis, East Coast Highway at Jamboree Road, Bayside Drive, Goldenrod Avenue and Marguerite Avenue capacities are currently exceeding the maximum desirable LOS during A.M. and/or P.M. peak hours. Environmental Impacts The proposed project would construct 90 dwelling units, and 194 parking spaces. All project traffic would access the site via Back Bay Drive from Jamboree Road. The Average Daily Trips (ADT) which are projected ,to be generated by the project can be estimated by using a multiplier of 7 per unit, as established for apartments and condominiums based on studies by the City Traffic Engineer. This would generate 4-3 1. 630 ADT for the proposed project. However, the City's Traffic Phasing Ordinance considers the projected A.M. and P.M. peak hour traffic generated from a proposed project to be the critical component. The Ordinance requires that increased traffic to an intersection from any approach be less than 1% of existing plus committed project plus regional growth traffic one year after opening the project. If this is exceeded, an ICU analysis must be done for those intersections having more than a 1% impact. The project may not make the intersection above 0.90, or if it is at 0.90 or higher, the ICU may not be increased. The proposed project is projected to generate 75 trip ends (trips in and out) during the A.M. peak period, and 105 trips during the P.M. peak period. The peak periods are 2.5 hours long, with the A.M. period between 7.00 and 9:30 and the P.M. peak hour between 3:30 and 6:00. The hour in which the maximum traffic trips are generated is known as the peak hour, and this project is projected to generate 40 and 55 trips respectively. The directional distribution of project traffic is shown in Figure 4-2. Thirteen intersections were identified by the City Traffic Engineer for inclusion in the traffic analysis for this report. These intersections were analyzed and it was determined that projected traffic from the development of Villa Point Phase II would not exceed the 1% criteria at any.of these. The ICU at the intersection of jamboree Road and East Coast Highway has an existing ICU of 0.90. The project would not increase this ICU. Therefore, no mitigation is required. The work sheets for the intersections are shown in the appendix. The East Coast Highway intersections at jamboree Road, Bayside Drive, Goldenrod Avenue and Marguerite Avenue currently exceed the maximum desirable LOS during A.M. and/or P.M. peak period. To further emphasize the minimal impact of this project on these intersections, the following information is generated. It is anticipated that the project is would add a maximum of 12 trips during the A.M. 2.3 hour peak period and 16 trips during the P.M. peak period to the Bayside Drive, Goldenrod Avenue and Marguerite Avenue intersections. Six and eight project generated trips would be added to the same intersections during the a.m. and p.m. one hour peak period, respectively. The jamboree Road/East Coast Highway intersection would have an additional 22 trips attributed to the project during the critical A.M. peak period, and 12 trips during the A.M. peak hour. Using year 2010 I� 4-4 I� ill .I:r i� •mil Ir 3ai �� 0 o S%,4Fk4r 4OF /0/ \`e9,sr �Q JS o9 0 s9'sr�o\sr c? P`r s� sT e` moo• o� r o�• UNIVEAS�S •Q �� 4~P pJ• V c 0�'V��O e0 Q� yJQ��� �, W •a no SAN/ a � � G 4S �2 QCi 'c S� Coos CAS m S+� "?�• '''Q T A F PJ. F.t�OO P C�yO P'v �U NO SCALE /S c Source: Weston Pringle and Associates. rVilla Point Phase II FIGURE Butler Roach Directional Distribution 4-2 Group of Project Traffic r� projections from the General Plan Traffic Analysis, a number of intersections that would be used by project traffic would have potential for deficiency or significant deficiency by the year 2010. However, the modified master plan for circulation in the City of Newport Beach would provide sufficient upgrades to the road network to avoid these potential problems. One of the proposed future modifications includes a grade separation at East Coast Highway and Jamboree Road. The maximum parking demands for developments similar to the proposed project have been determined to be 1.38 spaces per dwelling unit. The proposed 194 spaces would provide 2.15 spaces per unit, and would therefore be adequate. Significance of Iin arc The proposed project would provide adequate parking and contribute less than 1% of the peak hour volume to any of the impacted intersections within the study area. Additionally, the ICU of the intersection at jamboree Road and East Coast Highway would not be increased by the project traffic. Therefore, the project is found to have no significant traffic impacts under the parameters of the City's Traffic Phasing Ordinance. Mitigation Measures No significant traffic impacts were found to result from development of this project, therefore no mitigation measures would be required. However, in order to provide pedestrian access to the vicinity recreational resources and discourage automobile usage, the Planning Department is requesting the following mitigation: • The proposed project will be revised to incorporate a pedestrian walk way near the corner of East Coast Highway and jamboree Road. This will provide pedestrian access to the intersection, as well as to Balboa Island and the Newport Dunes. r • A pedestrian walk way at the interface of Villa Point Phase I and Phase H shall be provided for additional access to East Coast Highway and the possible future bus stop. This design will be subject to the final review of the Public Works Department. 4-b F ' L CITY OF NEWPORT BEACH POSTED 3300 Newport Boulevard-P.O.Box 1768 MAY 4 1990 MAY 4 Newport Beach,CA 92659-1768 t1ARY U G SLL= ou My Chrk GAR' L. :cLnyB Cleft X.NOTICE OF DETERMINATIONly oEaury To: Office of Planning and Research From: City of Newport Beach ❑ Sacramento,CA 95814 1400 Tenth Street,Room 121 Planning Department 3300 Newport Boulevard-P.O.Box 1768 Newport Beach,CA 92659-1768 County Clerk,County of Orange (Orange County) © Public Services Division P.O.Box 838 Date received for filing at OPR: Santa Ana,CA 92702 Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Name of Project: villa Point Phase rz State Clearinghouse Number. Lead Agency Contact Person: Telephone No.: 89010078 Patricia Temple 71�644-3225 Project Location: 1100 East Coast Highway, Newport Beach, CA Project Description: Construction of 90 dwelling units This is to advise that the City of Newport Beach has approved the above described project on April 23, 1990 and has made the following determinations regarding the above described project: (Dace) 1. The project®will ID will not have a significant effect on the environment. 2. ❑x An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ❑ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures 0 were❑ were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations®was ❑was not adopted for this project. 5. Findings® were❑ were not made pursuant to the provisions of CEQA. This is to certify that the final EIR with comments and responses and record of project approval is available to the General Public at the Planning Department of the City of Newport Beach,3300 Newport Boulevard,Newport Beach, 92659-1768;714/644-3225 _ •fYY ' �fS= Po Aril 24 1990 Lirincipal �PYanner Signature Date JUTI 27thI990 AM Pitt "d181911 11111!t lit-1 i k, A Y 0 Y NEWPORT BEA 3300 Newport Boulevard-P.O.Box 1768 Newport Beach,CA 926594768 NOTICE OF DETERMINATION To: Office of Planning and Research From: City of Newport Beach 1400 Tenth Street,Room 121 Planning Department % Sacramento,CA 95814 3300 Newport Boulevard-P.O.Box 1768 Newport Beach,CA 92659-1768 County Clerk,County of Orange (Orange County) © Public Services Division P.O.Box 838 Date received for filing at OPR: Santa Ana,CA M02 Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Name of Project. Villa Point Phase 11 State Clearinghouse Number. Lead Agency Contact Person: Telephone No.: 89010078 Patricia Temple 714 /644-3225 Project Location: 1100 East Coast Highway, Newport Beach, CA Project Description: construction of 90 dwelling units This is to advise that the City of Newport Beach has approved the above described project on April 23, 1990 and has made the following determinations regarding the above described project: (Dam) 1. The project Swill ❑ will not have a significant effect on the environment. 2. ❑X An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ❑ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures Q were❑ were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations®was ❑was not adopted for this project. 5. Findings® were❑ were not made pursuant to the provisions of CEQA. This is to certify that the final EIR with comments and responses and record of project approval is available to the General Public at the Planning Department of the City of Newport Beach,3300 Newport Boulevard,Newport Beach, 92659-1768;714/644-3225 ti '� ti Aril 24 1990 Principal Planner Signature Date Title 1 Ory OF NEW.PORT B&CH COUNCIL MEMBERS MINUTES Ji N pp REGULAR COUNCIL MEETING GQZ 9� PLACE: Council Chambers TIME: 7:00 P.M. ROLL CALL DATE: April 23, 1990 INDEX Mayor Plummer presented the followin Proclamations: NATIONAL LIBRARY WEEK [APRIL 22 28, 1990] . ARBOR DAY [APRIL 27, 19901 . AMERICAN HOME WEEK (APRIL 29 - MAY 5, 1990). PROFESSIONAL SECRETAR S WEEK (APRIL 23 - 27, 199 Present x x x x x x A. ROLL CALL. Absent x Motion x B. Reading of inutes of Meeting of April 9, Ayes x x x x x 1990, we waived, approved as written, and Abstained x ordere filed. Motion x C. ading in full of all ordinances and All Ayes esolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Plummer opened the public hearing Traffic regarding TRAFFIC STUDY NO. 63 - A request Study#63 of Regis Contractors to approve a Traffic Villa Pt Study so as to permit the construction of 90 dwelling units on property located in Area 2 of the Villa Point Planned Community; and the acceptance of an Environmental Impact Report; AND PLANNING COMMISSION AMENDMENT NO. 705 - PCA 705 Request to amend the Villa Point Planned (94) Community Development Plan so as to reclassify property located at 1100 East Coast Highway, on the northeasterly corner of East Coast Highway and Jamboree Road, in the Villa Point Planned Community, from Office/Visitor Serving Commercial" to "Multi-Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2; AND TENTATIVE MAP OF TRACT NO. 14055 - Request TMpTr 14055 to subdivide two existing parcels of land containing 9.3+ acres, into a single lot for a 90 unit residential condominium development; AND Volume 44 - Page 123 OTY OF NEWPORT AACN COUNCIL MEMBERS MINUTES G�y��'.� ROLL CALL April 23, 1990 INDEX COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. CRD Permit 17 - Request to approve a Coastal #17 Residential Development Permit for the Villa Pt purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone in conjunction with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. Report from the Planning Department. The City Manager, with the assistance of Pat Temple, Principal Planner, illustrated the Villa Point project on the wall map bordered by Pacific Coast Highway, Jamboree, and Back Bay Drive, and commented as follows: On March 8, the Planning Commission considered the project and those in attendance voted to recommend approval of the project, with modification to two primary issues, i.e. , affordable housing conditions and the landscape program. In this second phase there are 90 rental units; the first phase had 138 units, which is adjacent to this project; and together there are 228 units which is permitted in the City's General Plan. The Traffic Phasing Ordinance (TPO) analysis was conducted on this project, and one intersection was found to be impacted by 18 or more; therefore an Intersection Capacity Utilization (ICU) study was done at the intersection of Jamboree and Santa Barbara Drive, and it was found that the ICU was .70, which is well below the standard of the TPO. The Park Dedication Requirements for this project are being satisfied by the credits granted the to The Irvine Company by the Big Canyon dedication a number of years ago, and there are still 2.33 acres of credit available in that Big Canyon acceptance by the City. The requirement of the 90 units would be one acre dedication, and they are proposing to apply that to the 2.33 acres of credit available at Big Canyon, which will leave them 1.33 for future consideration. The Planning Commission recommended that 18 affordable units for 20 years be i Volume 44 - Page 124 J I *rY OF NEWPORT B&CH COUNCIL MEMBERS MINUTES %P April 23, 1990 ROLL CALL INDEX provided off-site in the Baywood PCA 705 Apartment project, which is 20% of Villa Pt the proposed development. The staff has suggested a modification regarding affordable housing, since this was approved by the Planning Commission on March 8, and Condition No. 2 to section E. Coastal Residential Development Permit No. 17 (Exhibit "A," page 18) has been modified to be consistent with the paragraph on page 3 of the staff report as follows: 112. The affordable units provided shall be affordable to moderate income families if the units are for sale; or to low income families based on family size (using Health and Safety Code Section 50093 income standards) at Section 8 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. Preference shall be given to Section 8 certificate or voucher holders. The City shall support The Irvine Company's request for the OCHA 10% rent exception." In response to Council inquiry, the Public Works Director illustrated on the wall map, the triangular area at the intersection of Jamboree Road and Pacific Coast Highway, and provided the following explanation concerning landscaping and moving the proposed sound attenuation wall: The intent of the previously recommended condition of approval by the Planning Commission was to reduce the elevation of some of the higher mounded dirt in this area to improve the sight distance from west bound Coast Highway over to the Upper Bay area, so that more of the bluffs along Dover Shores would be visible. The project plans are to provide landscaping in this triangular area, as well as a sound wall to attenuate sounds from the high traffic volumes on both the Pacific Coast Highway and Jamboree Road. The Planning Commission did require the condition that the landscaping and the grading on this triangular parcel at the corner go back to the Planning Commission for review (Condition No. 15) . Relocating the wall and designing the landscaping must be Volume 44 - Page 125 OTY OF NEWPORT BOACH COUNCIL MEMBERS MINUTES ROLL CALL April 23, 1990 INDEX done in such a way so as to not PCA 705 interfere with the view corridor from Villa Pt west bound Pacific Coast Highway and the 30 foot wide sewer easement located on the alignment of the Sanitation District trunk sewer. Also, there was once a service station on this site, and there has been contamination of the ground underneath. Mobil Oil Corporation is required to place some cleanup facilities on this site (251 x 251) but the problem of siting those tanks and pumps is somewhat difficult. In conclusion, it was suggested that a site plan be developed that Would show the grading, the wall, the landscaping and the clean up facilities to satisfy the requirements, and if necessary, some additional language can be incorporated in Condition No. 15, Dave Dmohowski, representing The Irvine Company, addressed the Council, stating that they have reviewed the staff report and the recommended conditions of approval, and are in agreement. However, he stated that he wanted to clarify two issues, i.e. , the landscaping at the corner, as well as the affordable housing modification. Although they are in agreement with the changes in the affordable housing condition, he commented on the rent schedule that would have to be approved by the Orange County Housing Authority (OCHA). He added that in the event the alternative rent schedule is not approved by the OCHA, The Irvine Company may have to bring this issue back to the Council for possible clarification. With respect to the landscape treatment, he pointed out that their landscape architect and site planners have reviewed the proposed corner treatment in view of the comments and discussion that occurred at the Planning Commission meeting, and they are prepared to move the whole landscape design back a minimum of 30, from the corner of the intersection. In addition, he commented that it might not be possible to change the dimensions or location of the gasoline monitoring station, which they understand will be in place for approximately two to five years, but this is viewed as a temporary condition. Volume 44 - Page 126 " *TY OF NEWPORT B&CH COUNCIL MEMBERS MINUTES yv sG�ot ROLL CALL April 23, 1990 INDEX In answer to Council inquiry regarding the PCA 705 proposed landscaping and watering Villa Pt maintenance, Mr. Dmohowski commented that the long-term maintenance and limitations on water supply have been taken into account. He added that this particular landscape program does emphasize pines and other types of larger scale foliage which is more drought tolerant, and at the suggestion of Mayor Pro Tem Sansone, stated that The Irvine Company would be glad to work out some type of arrangement with the Newport Beach Country Club for the use of reclaimed water. Mr. Dmohowski stated that they are not opposed to going back to the Planning Commission for review of the proposed landscaping changes, but it would be important to The Irvine Company to get some type of "approval in concept" at this time for the subject project, so that they can file an application with the Coastal Commission. He added that any changes that might result from further Planning Commission or City Council review could be incorporated into the project at a later time. David McMahan, Project Manager for Regis Contractors, addressed the Council in response to the clean up of the Mobil Oil Company, stating that the 25' x 251 area that is required for the clean up facility will be housing equipment that could be as high as four to six feet. The Public Works Director presented, for Council consideration, some additional language for Condition No. 15, as follows: "It is the intent of this condition that the landscaping and grading design and wall relocation be configured to provide maximum public views from Coast Highway." Barbara Tappan, 1007 Dolphin Terrace, addressed the Council regarding the EIR and Traffic Study, stating that her home is subject to additional noise and traffic from the proposed project, as she lives in the second house down from the triangular tip at the intersection of Pacific Coast Highway and Jamboree. She stated the statistics indicate that there is going to be more noise, more stop and go at the intersection, and more cars because of the expansion by CalTrans, and she is requesting that a wall be continued around the corner for at least two houses to mitigate the noise. Volume 44 - Page 127 OTY OF NEWPORT **ACH ' COUNCIL MEMBERS MINUTES \LL\ I%AROLL April 23, 1990 INDEX Pat Temple, Senior Planner, upon Council PCA 705 invitation, presented the following Villa Pt information in response to Ms. Tappan's concerns: The reference by Ms. Tappan to page 4-3 of the Traffic Study represents ICU traffic service levels at intersections, and this particular project does not raise the ICU at the intersection of Coast Highway and Jamboree. The improvement project at this intersection is not complete and most of the traffic lanes are temporary and substantially closer to the curbs than they will be in the ultimate configuration, and in fact, the cars are much closer to Ms. Tappan's home than they were before. As indicated in the Traffic Study, the project itself adds very little traffic to the intersection, and the project in itself is not causing the noise impact. At some point in time, after the intersection improvement is completed, the Council might want to look at this .particular side of Irvine Terrace for some additional study. Based on all the information and substantiating technical studies in the EIR, this •project is not causing an adverse noise impact onto the adjacent neighborhood. At the concurrence of Council Member Turner and Mayor Pro Tem Sansone, it was suggested that this particular location be studied after the completion of the improvements, and the results brought back to the Council. However, the study "should be independent of the subject project, as there is no ICU impact related to the Villa Point Planned Community Project. It was added that the improvement project at Coast Highway is a CalTrans project, administered by the City. Linda Buckley, 1001 Dolphin Terrace, addressed the Council, stating she, too, lives near the corner of Coast Highway and Jamboree, and that a noise wall was built for her home, as the noise level had been exceeded at that point in time. After it was determined that no one else wished to speak to this project, the public hearing was closed. The Public Works Director suggested additional clarifying language for Condition No. 15, which is being incorporated in the final Conditions. Volume 44 - Page 128 *TY OF NEWPORT BOKCH COUNCIL MEMBERS MINUTES G�Z�y� y9 �Gs�f ROLL CALL April 23, 1990 INDEX Motion x Motion was made to approve the project as PCA 705 recommended by the Planning Commission and Villa Pt (a) Adopt Resolution No. 90-34, Res 90-34 accepting, approving and certifying Final Environmental Impact Report No. 146; (b) Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; (c) 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; (d) 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, 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; (a) Adopt Resolution No. 90-35, Res 90-35 approving an amendment to the Villa Point Planned Community District Regulations and Development Plan, with the changes recommended by the Planning Commission; (f) Approve Tentative Map of Tract No. 14055 with the findings and subject to the conditions suggested by the Planning Commission; Volume 44 - Page 129 OTY OF NEWPORT RACH COUNCIL MEMBERS MINUTES , 9y��� N�G�f ROLL CALL April 23, 1990 INDEX (g) Sustain the action of the PCA 705 Planning Commission and approve Villa Pt Traffic Study No. 63 and Coastal Residential Development Permit No. 17; and (h) Approve modification to Condition No. 2, Page 3 of staff report: "The affordable units provided shall be affordable to moderate income families if the units are for sale; or to low income families based on family size (using Health and Safety Code Section 50093 income standards) at Section 8 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 . Preference shall be .given to Section 8 certificate or voucher holders. The City shall su000rt The Irvine Company's recuest for the OCHA 10% rent exception:" And additional language to Condition No. 15 of the Environmental Impact Report No. 146, as follows: "It is the intent of this condition that the landscaping and rg ading design and wall relocation be configured to provide maximum public views from the .Coast Fti hp way.. The wall shall be located as near to the southwesterly line of the sewer easement as is practical, consistent with the need to provide for the necessary gasoline clean uo facilities on the site." Volume 44 - Page 130 MITY OF NEWPORT B,ACH COUNCIL MEMBERS MINUTES gs $top% �o A ROLL CALL April 23, 1990 INDEX Motion x Council Member Watt made a substitute PCA 705 motion with all of the above, except that Villa Pt four (4) units (at the southwest corner) be eliminated or repositioned, so as to accommodate the placement of a noise wall the furthest northeast toward the garage locations, and thus enhance the view and accommodate the clean up and the internal open space. Dave Dmohowski, upon invitation by the Council, approached the podium and stated that The Irvine Company would be opposed to the foregoing motion, as eliminating any further units would have a significant impact on the project, and the intended result would give no real benefit to the view of the Bluffs through the Bay. Ayes x x x After further discussion, the substitute Noes x x x motion made by Council Member Watt was voted on, resulting in a tie-vote, and therefore, the motion FAILED. Ayes x x x x x The motion made by Council Member Turner Noes x was voted on and carried. yor Plummer advised that a representative from "Tree th California Department of Forestry was in the City ' and nee, and presented the City with a special U.S.A." "Tree City" flag, and a Plaque: the Divisi of Forestry for the State of California and Nati nal Arbor Day Foundation proclaims that the City o Newport Beach is recognized for their dedication nd pioneering spirit to the better management o their City forests. . . .meeting the minimum standa ds of having a legally constituted 'Tree Board, ' r Department, a community tree ordinance, a co rehensive community forestry program supported a minimum $2 per capita, and an Arbor Day Pro lamation and public tree planting ceremony, d having met these four standards the City can ake its place of honor as the fourth City in Orang County to proudly fly a banner as a 'TREE CITY, U. .A. "' 2. Mayor Plummer opened he public hearing GPA 89-2(D) regarding GENERAL PLAN NDMENT NO. 89- 45/94 2(D) - A request of Todd hooler and Steve McCluer, to amend the Land Use Element of the General Plan so as to c nge the land designation of 1900 West Balbo Boulevard, on the northeasterly corner of 9th Street and West Balboa Boulevard, i Cannery Village/McFadden Square Specific P n from "Retail and Service Commercial" to ' ulti- Family Residential;" and the acceptan a of an Environmental Document; AND Volume 44 - Page 131 OTY OF NEWPORT BEACH COUNCIL MEMBERS .1\ MINUTES ROLL CALL April 23, 1990 INDEX LOCAL COASTAL PROGRAM AMENDMENT NO. 18 - LCP Amnd#18 Request to amend the Local Coastal Program Land Use Plan so as to change the land use designation from "Retail and Service Commercial" to "Multi-Family Residential;" AND Proposed ORDINANCE NO. 90-17, being, Ord 90-17 Zoning AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 9 SO AS TO RECLASSIFY THE PROPERTY LOCATED AT 1900 WEST BALBOA BOULEVARD ON THE NORTHEASTERLY CORNER OF 19TH STREET AND WEST BALBOA BOULEVARD, FROM THE SP-6 DISTRICT TO THE SP-6 (MFR) SPR DISTRICT AND TO ESTABLISH ON THE DISTRICTING MAP, 5 FOOT FRONT YARD SETBACKS ON BOTH THE 19TH STREET AND WEST BALBOA BOULEVARD FRONTAGES (PLANNING COMMISSION AMENDMENT NO. PCA 688 6881 ; AND SITE PLAN REVIEW NO. 55 - Bequest to approve a site plan review so as to permit the construction of a five unit residential condominium development and related garages, located on property to be rezoned to the SP-6 (MFR) SPR DISTRICT; AND TENTATIVE MAP OF TRACT NO. 14120 - Request TMpT 14120 to subdivide two existing lots into a single lot for a five unit residential condominium development and related garages, located on property to be rezoned to the SP-6 (MFR) SPR District. Report from the Planning Department. The City Manager summarized the action taken by the Planning Commission on March 8, stating they approved GPA 89-2(D) ; LCP Amendment No. 18, and proposed Ordinance No. 90-17 (PCA 688) by a 5 - 1 vote; adding that on Site Plan Review No. 55 and the Tentative Map of Tract No. 14120, (showing the method which the area would be subdivided) they tied on a three to three vote, and made no conclusive decision with respect to recommendations, but following the failure on the tie vote, they unanimously voted to recommend the subject items to the City Council. Some of the Planning Commissioners expressed that the tie vote was the result of the size, shape and limited access to the property which made the site unsuitable for as many as five residential condominium units. He advised that this is a five-unit residential condominium project; there are two lots on which currently a small restaurant is located and will be torn down and removed, and the General Plan changes Volume 44 - Page 132 City Council Meeting April 23. 1990 Agenda Item No. D-1 CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: A, Traffic Study No 63 A request of Regis Contractors to approve a Traffic Study so as to permit the construction of 90 dwelling units on property located in Area 2 of the Villa Point Planned Community; and the acceptance of an Environmental Impact Report. AND B. Amendment No. 705 Request to amend the Villa Point Planned Community Development Plan so as to reclassify property located at 1100 East Coast Highway, on the northeasterly comer of East Coast Highway and Jamboree Road, in the Villa Point Planned Community, from "Office/Visitor Serving Commercial" to "Multi-Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2. AND C. Tentative Map of Tract No 14055 Request to subdivide two existing parcels of land containing 9.3t acres, into a single lot for a 90 unit residential condominium development. AND D. Coastal Residential Development No 17 Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone in conjunction with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. ' a TO: City Council - 2. Applications If approved, the applications described above will allow the construction of 90 apartment units which will be Phase II of the Villa Point project currently under construction. The proposed site plan shows the units to be provided in 10 separate structures, with additional parking facilities and a pool/cabana area. The Newport Beach Municipal Code and the City Council Policy Manual contain review procedures for these applications, as follows: Environmental Impact Reports in City Council Policy K 3, Traffic Studies in Chapter 15.40 and City Council Policy S-1, Amendment to an established Planned Community Development Plan in Chapter 20.51, Tentative Tract Maps in Chapter 19.12 and Coastal Residential Development Permits in Chapter 20.69. Suggested Action Hold hearing; close hearing; if desired, approve the project as recommended by the Planning Commission and 1. Adopt Resolution No. accepting, approving and certifying Final Environmental Impact Report No. 146; 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- 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. Adopt Resolution No. , approving an amendment to the Villa Point Planned Community District Regulations and Development Plan, with the changes recommended by the Planning Commission. 6. Approve Tentative Map of Tract No. 14055 with the findings and subject to the conditions suggested by the Planning Commission; 7. Sustain the action of the Planning Commission and approve Traffic Study No. 63 and Coastal Residential Development Permit No. 17. i TO: City�uncil - 3. Planning Commission Recommendation At its meeting of March 8, 1990, the Planning Commission voted (6 Ayes, 1 Absent) to recommend approval of an Amendment to the Villa Point Planned Community District Regulations and a Tentative Tract Map, and approve a 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 There were two primary issues discussed by the Planning Commission in their consideration of this project, the affordable housing conditions and the landscape program. Staff has been working with the Irvine Company since the Planning Commission hearing, and the conditions recommended by the Commission have been agreed upon, with the following change to condition 2 on Coastal Residential Development Permit No. 17: 112. The affordable units provided shall be affordable to moderate income families if the units are for sale; or to low income families ;�� la"IR (using Health and Safety Code Section 50093 income standards) at Section 8 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. Preference shall be given to Section 8 certificate or voucher holders. srlipors 1 tewibiripay's iics '.fax„dry„ � . la , The other issue related to the landscape program for the corner of East Coast Highway and Jamboree Road, it was the recommendation of the Planning Commission that the final landscape plan be further reviewed by the Planning Commission. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWIyCCKER, Director y Patricia L. Temple tl Principal Planner Attachments: 1. Excerpt of Planning Commission Minutes - March 8, 1990 2. Planning Commission Staff Report 3. Supplemental Planning Commission Staff Report 4. Final EIR No. 146 - Comments and Responses 5. Draft Resolution - EIR No. 146 6. Draft Resolution - Amendment No. 705 Attached Separately: TO: Citygouncil - 4. 7. Draft Environmental Impact Report No. 146 8. Plans and Elevations PLT 9. Tentative Tract Map CC\A705.SR2 MINUTES COMMISSIONERS • March 8, 1990 °Ao ' so°�•°� CITY OF NEWPORT BEACH INOEx '� ROLL CALL R i rENERAL PLAN AMENDMBN - Adopt B. Resolution Resolution No. 1217, recommending it t e City Council, No. 1217 as set forth in the attached Resol ' n C. T P ME Adopt Resolution No 18, recommending it to the City Resolution Council, as set f in the attached Resolution. No. ilia D • Adopt Resolution No. 1219 Resolution rec ending approval of Amendment No. 688 to the No. 1219 ty Council. A. Tratf►c t a ' No 63 (public Hearing) item No.6 Request to approve a Traffic Study so as to permit the TS 63 construction of 90 additional dwelling units on property alloaat teed A7os in Area 2 of the Villa Point Planned Community; Res.lz2o) acceptance of an Environmental Impact Report. TTmlaoss AND cRDP 17 u Amendment Nn 705 (Public Hearing) Approved (Noticed as Amendment No. 698) Request to amend the Villa Point Planned Community Development Plan so as to reclassify the subject property from "Office/Visitor Serving Commercial"to"Multi-Family Residential' and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2. AND C. Tentative Man of Tra_ ct No 1ans5 (Public He dn_p.) Request to subdivide two existing parcels of land containing 9.3± acres, into a single lot for a 90 unit residential condominium development; and AND -20- 4 COMMISSIONERS • • MINUTES ,o o s o,o March 8, 1990 �0 � CITY OF NEWPORT BEACH ROLL CALL INDEX D. Coastal Residential Develoument Permit No 17 (Discussion) Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law• relative to low and moderate income housing within the Coastal Zone in conjunction with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. LOCATION: Portions of Blocks 94 and 55, Irvine's Subdivision and Parcel 1 of Parcel Map 12- 21 (Resubdivision No. 242), located at 1100 East Coast Highway, on the northeasterly corner of East Coast Highway and Jamboree Road,in the Villa Point Planned Community. ZONE: P-C APPLICANT: Regis Contractors, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams/Streeter, Irvine Commissioner Pers6n referred to Condition No. 15 with respect to the landscape plan for the corner of East Coast Highway and Jamboree Road, and he asked if the condition could be modified to state "..shall be submitted to the Planning Commission prior to implementation for final review..:' Patricia Temple, Principal Planner, explained that the revised condition would be acceptable to staff,. however, she suggested that the Planning Commission provide specific guidance to the applicant. In response to a question posed by Commissioner Glover, Commissioner Pers6n clarified the•modified condition. Ms. Temple requested that Mitigation Measure No. 26 be. changed from Newport Boulevard to Jamboree Road and East Coast Highway. Ms. Temple referred to the supplemental staff report wherein staff proposed revisions to EIR Mitigation -21- 5 • • COMMISSIONERS • • MINUTES March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL lNOEX Measures No. 23, 36, and 37, and Tentative Map of Tract No. 14055, Condition No. 26. The public hearing was opened in connection with this item and David Dmohowski, representing The Irvine Company, and David McMahan, Project Manager for Regis Contractors, appeared before the Planning Commission. In response to a question posed by Chairman Pomeroy, Mr. Dmohowski indicated that the applicants concur with the findings and conditions in Exhibit "A" with the exception of affordable housing and views. Mr. Dmohowski referred to Condition No. 2, Coastal Residential Development Permit No. 17, regarding affordable units. He requested that the condition be modified so. as to be consistent with the Affordable Housing Agreement that was executed with the City at the time Phase One, Villa Point, was approved. He said the Agreement requires 10 percent HUD Low and 10 percent County Median. He requested that Condition No. 2 be modified to state "nine units as HUD Low Income and nine units as County Median", so as to be consistent with the previous Agreement. Mr. Dmohowski explained that there are no Governmental subsidies or financial incentives available from the City to assist in the affordable housing provision, therefore, any subsidies that are provided would be at the expense of the property owner. Mr. Dmohowski stated that the applicants concur with all of the remaining terms and conditions of the affordable housing program as recommended by staff. In response to a question posed by Chairman Pomeroy, Mr. Dmohowski explained that to provide 26 percent affordable units, the applicants would request a revision as to how the units are to be broken down in the affordability category. He further explained that 20 percent of the 90 units requested would be 18 unit's;•and of the 18 units the applicants are requesting nine units low income and nine units County median. Commissioner Pers6n referred to Condition No. 3, Coastal Residential Development Permit No. 17, and he asked if the City was now requiring a thirty year affordability. Robert Lenard, Advance Planning Manager, explained that Condition No. 2 is consistent with the Newport Beach Housing _22_ b COMMISSIONERS MINUTES s o.o March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX Element, and the requested affordability standards are similar to other projects approved by the City. He said that the approval of Phase One, Villa Point, gave the applicants the ability to provide the units off-site and that the same flexibility is proposed for this phase. The affect of Villa Point, Phase One, was to condition some of the units to be at rents that were essentially above market rate, so rather than have a reduction in rents on the existing apartment project, there was no effect. The City was designating specific units where the "affordable" rent standard exceeded what could be charged, based on the market. On that basis, staff has recommended (consistent with the Housing Element), that the Section 8 Standard be used so that the City will receive benefit from the imposition of the condition. Mr. Lenard explained that the Planning Commission could proceed with the staff recommendation so as to be consistent with the Housing Element; however, he suggested that the application be continued to a future Planning Commission meeting if it is the desire of the Planning Commission to modify the affordable housing condition so as to allow staff additional time for further review of the Housing Element, and preparation of additional findings. In response to a question posed by Chairman Pomeroy, Mr. Lenard explained that Phase One of Villa Point was approved prior to the adoption of the General Plan Housing Element currently in effect, and that the most recent amendments were partly in response to the Villa Point Phase I affordable requirements which had no effect on rents. Commissioner Di Sano indicated that the entire Villa Point project was not approved simultaneously because of the service station that was previously located at the subject site. In'response -to a question posed by Commissioner Pers6i with respect to the twenty year term of affordability, Mr. Lenard explained that the Housing Element requires a minimum term of twenty years. He indicated that the City Council has been placing a thirty year moratorium on high density projects that include a Density Bonus. -23- 7 COMMISSIONERS • • MINUTES March 8, 1990 °� �N CITY OF NEWPORT BEACH INDEX ROLL CALL Robin Flory, Assistant City Attorney, addressed the new Government Code provisions of the Incentive Density Bonus that require the thirty year affordability. Mr. Dmohowskf addressed Condition No. 15, the landscape plan for the corner of East Coast Highway and Jamboree Road. He explained that a view analysis evaluates the project with the proposed landscaped treatment. Mr. Dmohowski and Mr. McMahan presented an overlay of the project in conjunction with the proposed landscape plan, and the visual impact the landscaping would have from East Coast Highway. Mr. Dmohowski explained that the intent of the landscaping is to screen the profile of the project from the East Coast Highway and Jamboree Road intersection. In response to a question posed by Commissioner Pers6n regarding a modification to Condition No. 15, Mr. Dmohowsk requested the provision of an adequate landscape plan be required prior to the issuance of the Building Permit. Mr. Dmohows1d did not object to Condition No. 15 as submitted by staff; however, he said this theme landscape treatment exists on most of the corners in Newport Center and the theme treatment would be severely impacted by Mitigation Measure No. 15 and Condition No. 24 of the Tentative Map of Tract No. 14055. Mr. Dmohowski recommended a revision to Mitigation Measure No. 15 as follows: "The landscape plan for the corner of East Coast Highway and Jamboree Road shall be designed in such a manner as to allow for public views through the area to the Dover Shores bluff faces.", and that Condition No. 24 be deleted. Mr. Dmohowski did not oppose a further review by the Planning Commission provided it would not delay the permit process. Commissioner Pers6n opposed The Irvine •Company's revised Mitigation Measure .No. 15 and deleted Condition .No. 24 iriasmuch as.he'said there is no, density study.for the proposed palm trees as the trees relate to The-project, and it would be an- opportum for the applicant to review with staff the density.as it relates to the entrances to Newport Center as the project progresses. Commissioner Merrill and Commissioner Pers6n discussed the view corridor as it relates to the proposed palm trees. -24- 9 COMMISSIONERS if Is MINUTES March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX Chairman Pomeroy referred to Condition No. 24, Tentative Map of Tract No. 14055, and staffs request that the intersection be graded down from 81 to 85 feet. Don Webb, City Engineer, explained that staff has requested a flat plane so as to enhance the view corridor. In response to a question posed by Commissioner Merrill, Mr. Webb replied the former service station was not constructed over the sewer easement. Mr. McMahan demonstrated from the exhibit that the easement is located substantially behind the wall. In response to a question posed by Commissioner Merrill with respect to a review of the landscape plan, James Hewicker, Planning Director, explained that staff recommended mitigation measures and conditions .that reflect concerns previously expressed by the City Council regarding the location, height and landscape treatment of walls and the loss of public views. Commissioner Edwards supported revised Mitigation Measure No. 15 as suggested by Commissioner PersGn so as to allow further review by the Planning Commission. Mr. Dmohowski requested that "No increase in grade elevation is allowed, and some reduction in grade elevation may be required to enhance views across the site", be deleted from Mitigation Measure No. 15 inasmuch as the mitigation measure and Tentative Map of Tract No. 14055, Condition No. 24 would be in conflict with a future decision made by the Planning Commission wherein it would necessitate a further amendment to the conditions of approval. Commissioner Merrill and Mr. McMahan discussed the visual impact of the proposed grading outside of the wall inasmuch as. it.elevates from 81 feet to .87 feet Commissioner Glover expressed her concern that.the developer should be aware of the public's 'interest in the development on the undeveloped site inasmuch as it could be considered an intrusion of the view plane. Mr. Dmohowski responded that the public view is minimal for the westbound driver on East Coast Highway; however, he indicated that the developer is attempting to preserve a view plane at the development site. -25- G COMMISSIONERS • MINUTES oA � �0�,�•dc� March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Mr. Lenard addressed Coastal Residential Development Permit No: 17, Condition No. 2, wherein he indicated that the range in the Housing Element for the proposed development is from 15 percent to 25 percent at the "fair market rent". He explained that the Planning Commission would have a 15 percent to 25 percent latitude to be consistent with the Housing Element. He recommended that if the Planning Commission approved less than 15 percent of "fair market rent", that a finding be made stating it would not be economically feasible to provide more than 10 percent.' Motion * Motion was made to approve Traffic Study No. 63, the acceptance of an Environmental Impact Report, Amendment No. 705 (Resolution No. 1220), Tentative Map of Tract No. 14055, and Coastal Residential Development Permit No. 17, subject to the findings and conditions in Exhibit "A", including revisions recommended by staff as indicated in the addendum to the staff report: Mitigation Measures No. 23, No. 36, No. 37, Tentative Map of Tract No. 14055 Condition No. 26; that Mitigation Measure No. 15 be modified to state "That the landscape plan for the corner of East Coast Highway and Jamboree Road shall be reviewed by the Planning Commission at a later date"; and Mitigation Measure No. 26 be corrected as previously stated. In response to a question posed by Chairman Pomeroy, Mr. Webb did not object to the applicant's request to delete Tentative Map of Tract No. 14055 Condition No. 24 as long as Mitigation Measure No. 15 remains inasmuch as the conditions are redundant. The maker of the motion agreed to delete Condition No. 24 stating- 'That the triangu)ar area between the sewer'easement and the East Coast Highway/Jamboree Road intersection be graded down to: an elevation .of 81 to' 85. to ' provide a view corridor for westbound East Coast Highway traffic and that landscaping in this area be designed to provide a view corridor." Chairman Pomeroy concurred with Commissioner Glover's concerns with respect to the view impact from East Coast -26- 10 COMMISSIONERS . MINUTES o so`o.oso March 8, 1990 CITY OF NEWPORT BEACH INDEX ROLL CALL Highway inasmuch as the intersection has high visibility. He expressed a desire to satisfy The Irvine Company as well as the residents of Newport Beach so as to provide public view preservation. In response to a question posed by Commissioner Merrill, the maker of the motion requested that the landscape plan be reviewed by the Planning Commission prior to the implementation of any landscaping. Discussion ensued between the Planning Commission and staff with respect to when the Planning Commission should consider reviewing the landscape plan Commissioner Merrill suggested a modification to Amended Mitigation Measure No. 15 by deleting the reference to the grade elevation. Patricia Temple, Principal Planner, suggested that the mitigation measure be modified to state that one of the issues that would be addressed would be the grade elevations at the intersection, and that the Planning Commission review the landscape prior to the issuance of the Grading Permit. Ms. Temple addressed staffs request to revise the proposed Planned Community District Regulations and Development Plan with respect to private street setback; that no structures are permitted over the sewer line as requested by the County Sanitation District of Orange County; and a landscape condition that would be modified to reflect the mitigation measure. The maker of the motion agreed to include the foregoing changes in the motion. Mr. Dmohowski reappeared before the Planning Commission wherein he requested a flexibility of proceeding with the grading plan, recognizing the landscape treatment would be subject to review. Chairman Pomeroy concurred; however, he explained. that if the•grading plan would be required to be further modiffied . . that there would be an additional cost'to• the developer. Mr. Webb indicated that the cost incurred would' be minimal, inasmuch as the structures and roadways are set back if additional grading is required. Commissioner Merrill expressed his concerns with respect to the foregoing request. Commissioner Pers6n modified Mitigation Measure No. 15 stating that the Planning Commission review the landscape plan prior to the issuance of the Building Permit for the wall. -27- I I COMMISSIONERS • • MINUTES p'A i S�lp• p� March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX Motion was voted on to approve Traffic Study No. 63, the Environmental Impact Report, Amendment No. 705 (Resolution Ayes * * * * * No. 1220), Tentative Map of Tract No. 14055, and Coastal * Residential Development No. 17, including added and revised Absent findings and conditions in Exhibit "A" as stated and the revisions to the proposed Planned Community District Regulations and Development Plan as suggested by staff. MOTION CARRIED. A. Environmental Imuact Report No 146 Fin din 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, and that the only remaining environmental effects are significant only on a cumulative basis. 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. -28- IZ COMMISSIONERS • MINUTES March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX 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. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the grading engineer. 5. 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. 6. Recommendations included in the Geotechnical Report 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. 7. The velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as a part of project design. 8. . ' Prior to the issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in such a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This shall be reviewed and approved by the Building Department. -29- ' i 13 COMMISSIONERS . MINUTES `q March 8, 1990 ROLL CALL CITY OF NEWPORT BEACH INDEX 9. The development shall provide for vacuum sweeping of parking areas. 10. A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed materials. 11. Should fossils be discovered during grading operations, the landowner shall donate the'fossils collected to a non-profit institution. 12. 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. 13. 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 proved by the Planning and p he issuance of an Public Works Departments. Prior to t Pu P occupancy permit, a licensed landscape architect shall an � P certify to the Planning Department that the landscaping roved plan. has been installed in accordancewith the approved 14. Landscaped areas shall be irrigated with a system designed to avoid surface run-off and over-watering. 15. The landscape plan for the comer of East Coast Highway and Jamboree Road shall be reviewed by the Planning Commission prior to the issuance of the Building Pemrit. That one of the issues to be addressed would be the grade elevations at the intersection. -30- 1 i} COMMISSIONERS • • MINUTES y my March 8, 1990 �0� CITY OF NEWPORT BEACH ROLL CALL INDEX 16. Development shall be in substantial conformance with the approved site plan, floor plans and elevations. 17. The project shall be designed so as to eliminate light and glare spillage onto adjacent properties. 18. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 19. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 20. 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. 21. 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. 22. The project shall provide for the reservation of right-of- way for the potential future grade separation of East Coast Highway and Jamboree Road as called out in the City's General Plan. 23. Construction activities will be conducted in accordance with- Section 10.28.040 of the Newport. Beach Municipal. Code, which limits noisy*construction activities. 24. 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 recom mendations of a registered engineer practicing in acoustics and approved by the -31- 15 COMMISSIONERS • • MINUTES March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INOEX Building Department. 25. All exterior living areas (e.g. balconies and patios) which He 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. 26. 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 East Coast Highway and Jamboree Road. 27. 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 shal 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. 28. A dust control program in compliance with South Coast Air Quality Management District Rule 403 shall be -32- 16 • . • COMMISSIONERS MINUTES AA , so,o March 8, 1990 CITY OF NEWPORT BEACH INDEX ROLL CALL Sanitation District that adequate sewer capacity is available to serve the project. 35. Prior to the approval of the final tract map, the applicant shall consult with the City of Newport Beach Public Works Department and OCTD regarding the provision of a bus stop and related amenities (i.e., shelter, bench) along East Coast Highway adjacent to the project site, and shall install any facilities determined to be necessary by the City and OCTD. 36. The applicant shall contribute a fair share contribution to the schools, if required by the school district. 37. The project shall provide recycling in the trash bi of newspaper, disposal areas for the voluntary cyc g aluminum and glass. The project shall also provide id items mechanism for the collection and recycling o disposed of in this manner. Subject to the approval of the Planning Department and General Services Department, this program may be substituted for one which accomplishes recycling without source point sorting. B. Traffic Studv No. 6-1 Findin . 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. -34- i7 CbMMISSIONERS • • MINUTES O �tfl GOgY d�`Y March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX C Amendment No. 705. Adopt Resolution No. 1220, recommending adoption of Amendment No. 705 to the City Council. D. Tentative Mao of Tract No. 14055. in in 1. That the design of the subdivision will not conflict with any easements acquired by the publish n large for access proposed through or use of property 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. n ii n ' 1. That a final map be recorded. late to th at the fin l map be fate Plane prepared so that the Bearings re Coordinate System. 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 dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the on-site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. -35- rs . • MINUTES COMMISSIONERS March 8, 1990 CITY OF NEWPORT BEACH ff111DEK ROLL CALL 6. That the design of the private streets and drives conform with the City s Private Street Policy (L 4), except as approved by the Public Works Department. The private street clear width from Back Bay Drive to the Parking Court shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. That the private street be widened at the southwesterly corner of the development to provide adequate turning movement for trucks and that the curb return at that location have a minimum 25' radius. 7. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty- four inches in height. The sight distance requirement may be modified at non-critical locations, subject to approval of the Traffic Engineer. 8. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 9. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 10. That easements for public emergency and security ingress, egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map. 11. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure -36- /�f COMMISSIONERS • • MINUTES o Asa soyo,os� March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX parking plan for workers must be submitted and approved by the Public Works Department. 19. That the trash enclosures be located so that they do not restrict vehicular sight distance. 20. That sidewalk connections be made between Back Bay Drive and East Coast Highway and between the Jamboree Road/Coast Highway intersection and the westerly corner of the tract improvements. 21. That the footings on the proposed structures adjacent to the existing County Sanitation Sewer Main be deepened so that excavation of the existing sewer main using a one . to one (1:1) slope from bottom of existing sewer will not under-cut the footings of the proposed structures. 22. That no mounding or fills be placed over the Sanitation District Sewer Easement and that the landscaping plan in the sewer easement area be approved by the Orange County Sanitation District with no trees or plants larger then 6 feet in height at full growth. 23. That future grade separation at Jamboree offer to dedicate Road andf East Coast Highway be offered and shown on the tract map. The area is as generally shown on the tentative map; the final configuration is to be approved by the Public Works Department, 24. Deleted. 25. A traffic control plan shall be prepared showing all signs and markings including fire lanes. 26. The project shall pay in-lieu park fees pursuant to Chapter 19.50 of the Newport Beach Municipal Code. This fee can be satisfied through the use of existing park dedication credits generated by the dedication of the Mouth of Big Canyon and Bonita Creek Park. -38- 2-� 'COMMISSIONERS MINUTES March 8, 1990 CITY OF NEWPORT BEACH INDEX ROLL CALL locations, with width to be approved by the Public Works Department. 12. That all vehicular access rights to East Coast Highway and Jamboree Road be released and relinquished to the City of Newport Beach. 13. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 14. 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 issuing any grading or building permits or 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. 15. That County Sanitation District fees be paid prior to issuance of any building permits. 16. That the Public Works Department plan check and inspection fee be paid. located 17 That outside thedsighttdistanceeplanes nags tdescribede in City Standard 1101. 18. 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 stored within the East Coast Highway or Jamboree Road right-of-way. Prior to issuance of any Grading Permits, a -37- �I COMMISSIONERS 0 MINUTES March 8, 1990 CITY OF NEWPORT BEACH INDEX ROLL CALL E Coastal Residential I)eveloomp„S P�No 17. Fin in irements 1. of at the Chapterr 20 69 of the sed Newport Beach Municient has met the pal Code. Cgn—Oons: 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 eighteen affordable dwelling units on-site or, off-site within the City, subject to the mutual agreement of the City and The Irvine Company. The affordable housing agreement shall be recorded as a 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 (using Health and Safety Code Section 50093 income standards) at Section 8 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. Preference shall be given to Section 8 certificate or voucher holders. 3. The term of affordability shall be twenty 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 tinning of the affordable units in relation to the occupancy of this project. -39- �2 Attachment z Planning Commission Oeting March 8. 1990 Agenda Item No. 6 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A Traffic Study No 63 (Public Hearing) Request to approve a Traffic Study so as to permit the construction of 90 additional dwelling units on property located in Area 2 of the Villa Point Planned Community; and the acceptance of an Environmental Impact Report. AND B. Amendment No 705 (Public Hearing) (Noticed as Amendment No. 698) Request to amend the Villa Point Planned Community.Development Plan so as to reclassify the subject property from "Office/Visitor Serving Commercial" to "Multi-Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2. AND C. Tentative Map of Tract No 14055 (Public Hearing) Request to subdivide two existing parcels of land containing 9.3± acres, into a single lot for a 90 unit residential condominium development; and AND D. Coastal Residential Development Permit No 17 (Discussion) Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone in conjunction with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. LOCATION: Portions of Blocks 94 and 55, Irvine's Subdivision and Parcel 1 of Parcel Map 12-21 (Resubdivision No. 242), located at 1100 East TO: Plalog Commission - 2. Coast Highway, on the northeasterly corner of East Coast Highway and Jamboree Road, in the Villa Point Planned Community. ZONE: P-C APPLICANT: Regis Contractors, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams/Streeter, Irvine Applications If approved, the applications described above will allow the construction of 90 apartment units which will be Phase II of the Villa Point project currently under construction. The proposed site plan shows the units to be provided in 10 separate structures, with additional parking facilities and a pool/cabana area. The Newport Beach Municipal Code and the City Council Policy Manual contain review procedures for these applications, as follows: Environmental Impact Reports in City Council Policy K-3, Traffic Studies in Chapter 15.40 and City Council Policy S-1, Amendment to an established Planned Community Development Plan in Chapter 2051, Tentative Tract Maps in Chapter 19.12 and Coastal Residential Development Permits in Chapter 20.69. Environmental SiPnificance 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 Geology and Soils, Water Resources and Water Quality, Landform Alteration and Visual Impacts, Traffic and Circulation, Noise, Air Quality, Cultural Resources and Cumulative Land Use Impacts. 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. The construction of the Villa Point Phase H Project will, however, result in cumulatively significant impacts in the areas of Water Quality, Traffic, Noise, Energy and Public.Services and Utilities. Conformance with the General Plan and the Local Coastal Prograino Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan designate the site for Multi-Family Residential land use, with a density of 228 dwelling units. The first phase of Villa Point contains 138 dwelling units. The General Plan allocation will, therefore, allow an additional 90 units, which is proposed by this project. The Multi-Family Residential designation allows for the construction of multiple dwelling units on a single subdivided lot, and allows either single ownership or a� TO: Plan.9g Commission - 3. condominium development. The proposal is consistent with the General Plan and the Local Coastal Program, Land Use Plan. nSa.t Y ruuel't{� and Surrounding Land Use The site proposed for development is currently vacant. A portion of the site on the comer of East Coast Highway and Jamboree Road was previously occupied by a gasoline service station To the north of the project is the Sea Island condominium development. Northeast of the site is the Newport Beach Country Club. To the east of the site is Villa Point Phase I, and beyond that is Amling's Nursery. To the south of the site, across East Coast Highway, is the single family area of Irvine Terrace. To the west, across the intersection of East Coast Highway and Jamboree Road, is the Promontory Point Apartment project. To the west and northwest, across Jamboree Road, is vacant land Newport Dunesh is erecreational area andited in the ral Plan for the Newporter Resort hotel devace and el pment.land the Anlsi • As previously discussed, this project is a 90 unit expansion of the Villa Point apartment project currently under construction on East Coast Highway easterly other fJamboree Road. The project includes ten structures for residential occupancy, p lus es for parking and recreational uses. Six different floor plans are proposed, 34 of which are one bedroom units and 56 of which are two bedroom units. Parking for two of the floor plans is provided in attached garages. The balance of the parking for the project is in open parking or carports. 2.14 parking spaces are provided for each dwelling unit. Ingress and egress for the development will be via Back Bay Drive, through a signalized intersection at Jamboree Road. Emergency access is provided to the east through Villa Point Phase I and the Amling's Nursery property. This project will be served by the existing Phase I leasing office. cratistical Summary. The development standards are governed by the Villa Point Planned Community District Regulations and Development Plan. The development standards originally established for Phase I will now be applied to Phase II. A comparison of the project profile to these development standards is presented below: STATISTICAL SUMMARY .. Standard Allowed/Required Provo Dwelling Units 90 90 Residential Parking 180 spaces 193 spaces Covered panting 90 spaces 91 spaces Building Height 32 feet 32 feet MAX. Setbacks: 20 feet 25 feet East Coast Highway 20.feet 70 feet Jamboree Road 15 feet 10 feet Back Bay Drive ' z5 TO: Planning Commission - 4. Traffic Studv No. O A traffic study has been prepared for the proposed project in conformance with the City s Traffic Phasing Ordinance and Council Policy S-1. The proposed project is expected to be completed in 1990. Analyses were, therefore, completed for 1991. The City Traffic Engineer identified thirteen (13) 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 2V2 hour volume in either the morning or afternoon, Intersection Capacity Utilization (ICU) is required. The 1% volume analysis identified one (1) intersection where traffic exceeded the one percent criteria, in the afternoon peak hour. The following chart summarizes the results of the Intersection Capacity Utilization analysis for the project. ICU SUMMARY - 1991 Existing 91 Existing 91 +Committed PEAK Existing +Committed +Growth Intersection HOUR (1989) +Growth +Project Jamboree Road/ PM 0.55 0.70 0.70 Santa Barbara Drive 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, the intersection affected by the project operates at an acceptable level. The project meets the criteria of the Traffic Phasing Ordinance. Amendment No. 705 An amendment to the Villa Point Planned Community District Regulations and Development Plan is proposed in conjunction with this project. The amendment is necessary in order to change the land uses allowed in Area 2 from Office/Visitor Serving Commercial to Multiple Family Residential and to establish the density limit of 90 units. This amendment is an impl ementation of the General Plan, and staff has no objections to the request. A number of other amendments are also proposed which are minor in nature, but serve to specifically describe the actual development standards applied to the property. �6 TO: Planning Commission - 5. • 1. The ability to utilize park dedication credits from the Mouth of Big Canyon and North Ford is referenced In accepting dedication of the Mouth of Big Canyon from The Irvine Company, the City and the Company entered into a Dedication and Park Credit Agreement establishing 5 acres of park dedication credit for the dedication of ±40 acres. Residential sites in Big Canyon and Newport Center were specifically identified as eligible to utilize these credits. The Irvine Company has used 2.67 acres of this credit for the Big Canyon area 10, Big Canyon area 16 and Villa Point Phase I. 2.33 acres of park dedication credit from the Mouth of Big Canyon remain. Additionally, 2 acres of park credit exist from the dedication of Bonita Creek Park. This project generates a requirement of 1 acre. Staff has no objection to the use of park dedication credit to satisfy the requirements of this project. 2. A statement regarding internal bicycle and pedestrian travel has been removed. There was a reference in the original P-C Text to residential area being designed to encourage bicycle and pedestrian travel. It is the opinion of staff that internal requirements of this nature are not necessary, so long as pedestrian and bicycle access to the arterial roadways is provided. Provision of this access is discussed in the section on the tentative tract map. 3. The definition of buildable acreage has been removed The concept of buildable acreage was removed from the General Plan in the comprehensive General Plan update. The deletion of the definition is consistent with the General Plan, and staff has no objections to the request. 4. Temporary gasoline monitoring and recovery equipment is allowed as a permitted use, and is allowed in a setback area The Santa Ana Regional Water Quality Control Board has required the former service station site to be monitored for a period of two years. If gasoline is detected at any time, removal will be required. The monitoring facility is located inside the project fence, and will not be visible outside the project. Staff has no objections to location for the monitoring system, nor to the temporary siting of gasoline recovery facilities in a setback if it is required. 5. Regulations pertaining to detached garage or carport structures on non-street property lines have been eliminated The project has no internal property lines so this regulation has no meaning to.the proposed project. Staff has no objection to. the elimination of the.language. 6. The parking requirement has been increased to two (2) parking spaces per dwelling unit. A detailed parking survey of large apartment projects was conducted for the original adoption of the Villa Point Planned Community: A chart describing'the parking demand is on the following page. Based on these results, the City adopted a sliding parking requirement of 1.5 spaces per one bedroom unit, 1.75 spaces per two bedroom unit and 2.0 spaces per three bedroom unit. In their review of the Phase I project, the California Coastal Commission required that parking be provided at a rate on 2.14 spaces per unit. It is the opinion of staff that the proposed parking requirement of two spaces per dwelling unit is adequate APARTMENT PARKING SURVEY SUMMARY Villa Point 11 Vehicles Parked Parked Vehicles Location Datt . Dix Tung 1;&g1 Me,9d TQId Per D.U. N Promontory Point 8/13 Saturday 8:30 PM 554 5 559 1.08 (520 D.U.) 8/14 Sunday 6:30 AM 626 6 632 1.22 8/16 Tuesday 8:15 PM 542 5 547 1.05 0° 8/17 Wednesday 6:00 AM 610 3 613 1.18 0 Baywood 8/13 Saturday 8:55 PM 346 16 362 1.13 ' (320 D.U.) 8/14 Sunday 6:50 AM 420 21 441 1.38 8/16, Tuesday 8:45 PM 321 8 329 1.03 , 8/17 - Wednesday 6:25 AM 395 13 408 1.28 ? Turle Rock 8/13 Saturday 9:15 PM 293 6 299 1.19 (252 D.U.) 8/14 Sunday 7.20 AM 320 5 325 1.29 8/16 Tuesday 9:05 PM 294 3 297 1.18 8/17 Wednesday 6:45 AM 335 5 340 1.35 TO: Pla*g Commission - 7. for this project. The previous parking study clearly showed that larger apartment projects require less parking than that required by the City generally in Multi- Family Residential areas (2.5). Staff has no objections to the proposed standard. 7. Regulations regarding fence heights have been revised. Provisions regarding view site setbacks have been eliminated. These are not necessary since no views are available through the site. Staff has no objections to this request. In addition to these changes proposed by the applicant, staff has some specific concerns and suggestions for revisions to the proposed Planned Community District Regulations and Development Plan. Setbacks. The P-C Text calls out a 15 foot setback from Back Bay Drive, a private street. Another section of the text calls out a five foot setback from private streets. The site plan shows a 10 foot setback from back of sidewalk on Back Bay Drive. Staff has reviewed the site plan and has no problem with the 10 foot setback on Back Bay Drive. We would, therefore, suggest that the defined setback on Back Bay Drive be established at 10 feet, and that the statement regarding "Streets - Dedicated and Private" be amended to read as follows: ,� ....a.-•n ..In the case of private or non-dedicated streets; W vt a minimum setback from said streets of five (5) feet shall be required for all structures..." Sewer Easement Setback. The County Sanitation Districts of Orange County has a sewer line easement crossing the property near the comer of East Coast Highway and Jamboree Road. In a letter dated February 27, 1990 (attached), the Districts requested that no permanent structures be allowed over the sewer line, or within fifteen (15) feet of either side of the sewer line. Additionally, they request that no mounding or fill be planting of any tree or bush larger than six (6) feet permitted on the sewer line, nor the in height at full growth. Staff has no objections to the request of the Sanitation Districts, although it should be noted that this requirement would significantly impact the proposed landscaping plan for this comer of the project. The landscape plan in this area is discussed in greater detail later in this report. Should the Planning Commission desire to add the Districts' request to the P-C Text, an additional General Note should be added.as follows: "16. No permarjent structures•are permitted over the sewer line of the.* County Sanitation Districts of Orange County, nor within fifteen (15) feet of either side of this line. No mounding or fill is permitted over this sewer line setback area,, and no tree or bush larger than six (6) feet in height at full growth is allowed in this area." Landscape Plan. The proposed landscape plan includes the edge treatment of areas along Jamboree Road and East Coast Highway. The landscape plan for this area has been revised from the original submittal to slightly relocated the project fence, to remove the sports court, and to show the landscaping for the comer. A copy of the revised corner treatment is attached to this report. Zy TO: Plah*g Commission - 8. 0 The primary feature of the revised landscape plan is the placement of a dense stand of palm trees mixed with aleppo pines in a significant portion of the comer setback area. This area is very large due to the combined requirements to setback from the sewer line and to provide roadway reservation for the potential grade separation at Jamboree Road and East Coast Highway. The plan also shows mounding in this area. The plan proposed reduces the potential for public views from East Coast Highway across this comer of the site to the cliff surrounding Upper Newport Bay, and on clear days, to a panorama which includes the distant mountains. It is the position of staff that the landscape design for this corner of the project be revised to address the combined concerns of the County Sanitation Districts and the potential for enhanced public views. This could be achieved through an elimination of the mounding at the comer, and a change in the landscaping concept away from the dense stand of palm trees to a use of more low growing shrubbery and ground cover, with screening bushes at the fence line. Additionally, some existing berms should be re- graded to lower the elevation of parts of the area. In this concept, a limited number of trees could be allowed to provide interest to the landscape without totally obscuring the views through to the Dover Shores bluff faces. Should the Planning Commission desire to implement this proposal, the following language,should be added to General Note No. 7 in the P-C Text, as follows: "7. Landscaoine All landscaping shall be installed in accordance with.landscaVe laps, subject to the review tit e X' ji c c e d MIM /y['{-a"µ ofif and approval of the Planning Department and�l nd Remeat W • yw,rw wvin aap ttt�trr cif' t Naast on raxibag r '!'i"�yVFI '�lI"t"�+'±!e�ry��Gc .�Fbyt�;{F.�NiHf�FFXHfT i�M".Slf� Mv� Project Elevation and Visual Prominence. In addition to landscaping, the elevation of the project as related to adjacent development has been identified as an issue. The pad elevation of this project is 85 feet. It is at a similar elevation to the Villa Point Phase I project. The other adjacent project, Sea Island, was developed under a different design concept which included the tiering of •the residential pads up from Jamboree Road. As a result, the residential units immediately adjacent to the project, across Back Bay Drive, are at elevations ranging from 54 feet to 68 feet. It is important to note, however, that the lowest tier of Sea Island is immediately adjacent to Jamboree Road. The right-of-way reservations associated with this project require significantly greater setbacks than that required of Sea Island. The second tier of homes in Sea Island range in elevation from 62 to 104 feet, and the third tier is from 74 to 116 feet. It is the opinion of staff that the project will be visually prominent, but no more so than the adjacent developments. 30 TO: Plaa•g Commission - 9. • Tentative Mgp of Tract No. 14055 The project includes a request to subdivide 2 existing parcels of land containing ±9.3 "I acres into a single lot for a 90 unit residential condominium development. Although a condominium map is proposed, the property owner intends the occupancy of the project to be as apartments. An issue which has been identified is the provision of pedestrian access from the project to the arterial highway system. The project is located in close proximity to the recreational resources of Upper Newport Bay across Jamboree Road, and Balboa Island and Lower Newport Bay across Coast Highway. It is the opinion of Planning and Public Works Department staff that walkway connections should be placed between Back Bay Drive and East Coast Highway and between the westerly project comer and the intersection of East Coast Highway and Jamboree Road to facilitate this pedestrian movement. A condition of approval requiring these connections is included in those suggested for the tentative tract map. Public Works and Planning Department staff have reviewed the proposed subdivision, and have no objections to the request. Coastal Residential Development Permit No. 17 The proposed development is in the Coastal Zone and contains 10 or more dwelling units. The project must, therefore, comply with the provisions of Chapter 20.69 of the Newport Beach Municipal Code, 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 18 units (209o') off-site for affordable housing in the Baywood apartment project. The project is, therefore, in compliance with Chapter 20.69. The conditions of approval have been worded to address the provision of affordable units either on or off site, subject to the mutual agreement of the City and The Irvine Company. The term of affordability will be for 20 years, preference will be given to Section 8 voucher holders, income levels shall be established using the Section 50093 standards (Health and Safety Code) and rents shall be as defined by Section 8 Fair Market Rents. Specific Findings and Conclusion Chapter 15.40 of the Newport Beach Municipal Code sets forth specific findings which must be made in order to approve a Traffic Study. Section 19.12.020(D) provides that the Commission shall make specific findings in order to approve a tentative tract map. Requirements for the approval of a Coastal Residential Development Permit are in Chapter 20.69. It is the opinion of staff that the project meets all the specified criteria for approval of this project. While no specific findings are set forth in the Code for the approval of an amendment to Planned community District Regulations and Development Plans, it is the opinion of staff that the proposed changes are consistent with the General Plan, and the 3 � TO: PlaOng Commission - 10. • additional changes requested by staff will address identified concerns of the surrounding community. 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 By Patricia L. Temple Principal Planner Attachments: 1. Exhibit "A" 2. Draft Resolution - Planned Community Text Amendment 3. Exhibit "B" 4. Vicinity Map 5. Letter from County Sanitation Districts 6. Revised landscape plan exhibit 7. Draft Environmental Impact Report 8. Draft Planned Community District Regulations 9. Plot Plan, Floor Plans and Elevations 10. Tentative Tract Map PLT PC\A705.SR1 32 • TO: Pla#g Commission - 11 EXHIBIT "A" FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL IMPACT REPORT NO. 146 TRAFFIC STUDY NO. 63 AMENDMENT NO. 705 TENTATIVE MAP OF TRACT NO. 14055 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 17 A. Environmental Impact Report No 146 in 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. 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, and that the only remaining environmental effects are significant only on a cumulative basis. 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. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the grading engineer. 33 TO: Pianrtg Commission - 12 • 5. 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. 6. Recommendations included in the Geotechnical Report 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. 7. The velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as a part of project design. 8. Prior to the issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in such a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This shall be reviewed and approved by the Building Department. 9. The development shall provide for vacuum sweeping of parking areas. 10. A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed materials. 11. Should fossils be discovered during grading operations, the landowner shall donate the fossils collected to a non-profit institution. 12. 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 An -modifications to the•existin storm drain system shall be the the tract map. y g responsibility of the, developer. 13. 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 f an occupancy permit, a licensed landscape architect shall certify e issuance o , to the P cY P to the p . e Planning Department that the landscaping has been installed in accordance with the approved plan. 14. Landscaped areas shall be irrigated with a system designed to avoid surface run- off and over-watering. 3 q- TO: . PlarAg Commission - 13 15. The landscape plan for the comer of East Coast Highway and Jamboree Road shall be designed in such a manner as to allow for public views through the area to the Dover Shores bluff faces. No increase in grade elevation is allowed, and some reduction in grade elevation may be required to enhance views across the site. 16. Development shall be in substantial conformance with the approved site plan, floor plans and elevations. 17. The project shall be designed so as to eliminate light and glare spillage onto adjacent properties. 18. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 19. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 20. 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. 21. 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. 22. The project shall provide for the reservation of right-of-way for the potential future grade separation of East Coast Highway and Jamboree Road as called out in the City's General Plan. 23. 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. 24. 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. 25. 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 3� TO: Plaa•g Commission - 14 • of these materials. Wood and other materials may be used if specifically designed as noise barriers. 26. 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. 27. 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. 28. 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. 29. 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. 30. Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. 31. All onsite fire protection (hydrants and Fire Department connections) shall be approved by the Fire Department and Public Works Department. 32. The applicant shall install an Opticon device in the Back Bay Drive/Jamboree Road signal. 33. Final design of the project shall provide for the incorporation of water-saving devices for project lavatories and other water-using devices. This shall be verified by the Building Department prior to issuance of occupancy permits. 3�• ' TO: Platting Commission - 15 • 33. 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 of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities. 34. Prior to the occupancy of any building, the applicant shall provide written verification from the Orange County Sanitation District that adequate sewer capacity is available to serve the project. 35. Prior to the approval of the final tract map, the applicant shall consult with the City of Newport Beach Public Works Department and OCTD regarding the provision of a bus stop and related amenities (i.e., shelter, bench) along East Coast Highway adjacent to the project site, and shall install any facilities determined to be necessary by the City and OCTD. 36. The applicant shall contribute a fair share contribution to the re-opening of schools, if required by the school district. 37. The project shall provide recycling bins in the trash disposal areas for the voluntary recycling of newspaper, aluminum and glass. The project shall also provide a mechanism for the collection and recycling of items disposed of in this manner. s Traffic Study No. 63. 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. Thai 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. C. Amendment No. 705. Adopt Resolution No. , recommending adoption of Amendment No. 705 to the City Council. R. Tentative Man of Tract No. 14055. Fin in 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 37 TO. Planing Commission - 16 • 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. 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. 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 dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the on-site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the design of the private streets and drives conform with the City's Private Street Policy (L•4), except as approved by the Public Works Department. The private street clear width from Back Bay Drive to the Parking Court shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. That the private street be widened at the southwesterly corner of the development to provide adequate turning movement for trucks and that the curb return at that location have a minimum 25' radius. 7. That the intersection of the private streets and drives be•designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non-critical locations, subject to approval of the Traffic Engineer. 8. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 9. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 3Q TO: Planning Commission - 17 • 10. That easements for public emergency and security ingress, egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map. 11. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 12. That all vehicular access rights to East Coast Highway and Jamboree Road be released and relinquished to the City of Newport Beach. 13. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 14. 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 issuing any grading or building permits or recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by 'e study shall be the responsibility of the developer. 15. That County Sanitation District fees be paid prior to issuance of any building permits. 16. That the Public Works Department plan check and inspection fee be paid. 17. That any Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L 18. 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 stored within the East Coast Highway or Jamboree Road right-of-way. Prior to issuance of any Grading Permits, a parking plan for workers must be submitted and approved by the Public Works Department. 19. That the trash enclosures be located so that they do not restrict vehicular sight distance. 20. That sidewalk connections be made between Back Bay Drive and East Coast Highway and between the Jamboree Road/Coast Highway intersection and the westerly comer of the tract improvements. 3`I TO: Plafng Commission - 18 21. That the footings on the proposed structures adjacent to the existing County Sanitation Sewer Main be deepened so that excavation of the existing sewer main using a one to one (1:1) slope from bottom of existing sewer will not under-cut the footings of the proposed structures. 22. That no mounding or fills be placed over the Sanitation District Sewer Easement and that the landscaping plan in the sewer easement area be approved by the Orange County Sanitation District with no trees or plants larger then 6, feet in height at full growth. 23. That an irrevocable offer to dedicate street right-of-way for a future grade separation at Jamboree Road and East Coast Highway be offered and shown on the tract map. The area is as generally shown on the tentative map; the final configuration is to be approved by the Public Works Department. 24. That the triangular area between the sewer easement and the East Coast Highway/Jamboree Road intersection be graded down to an elevation of 81 to 85 to provide a view corridor for west bound Coast Highway traffic and that landscaping in this area be designed to provide a view corridor. 25. A traffic control plan shall be prepared showing all signs and markings including fire lanes. E Coastal Residential Development Permit No. 17. Fin in 1. That the proposed development has met the requirements of Chapter 20.69 of the Newport Beach Municipal Code. 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 eighteen affordable dwelling units on-site or off-site within the City, subject to the mutual agreement of the City and The Irvine Company. The affordable housing agreement shall be recorded as a 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 (using Health and Safety Code Section 50093 income standards) at Section 8 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. Preference shall be given to Section 8 certificate or voucher holders. 3. The term of affordability shall be twenty years. qo • TO: plGng Commission - 19 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. �f 1 TO: • Planning Commission - 20 0 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMEND- MENT TO THE VILLA POINT PLANNED COMMUNITY DISTRICT REGULATIONS (PLANNING COMMISSION AMENDMENT NO. 705) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and WHEREAS, an amendment to the Villa Point Planned Community is' necessary in order to maintain consistency between the Newport Beach General Plan and the Zoning Ordinance; and WHEREAS,the City of Newport Beach prepared an Environmental Impact Report for the project in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines; and , WHEREAS, the Planning Commission has reviewed and considered the information contained in the environmental document in making its decision on the proposed amendment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend to the City Council an amend- ment to the Villa Point Planned Community designated as Planning Commission Amendment No. 705 as shown on Exhibit 1 attached. ADOPTED this _ day of March , 1990, by the following vote, to wit: AYES NOES ABSENT BY Gary . Pomeroy, CHAIRMAN BY Jance Debay, PLT SECRETTARARY PC\A705.RS1 SECRETARY �Z TO: Plallng Commission - 21 • EXHIBIT "B" FINDINGS FOR DENIAL ENVIRONMENTAL IMPACT REPORT NO. 146 TRAFFIC STUDY NO. 63 AMENDMENT NO. 705 TENTATIVE MAP OF TRACT NO. 14055 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 17 A. Environmental Impact Report No 146 v in in 1. That an environmental document is,not needed for a project which is denied. B TraMc Study No. 63. Fin in . 1. That a Traffic Study is not needed for a project which is denied. C. Amendment No. 705. Findings 1. That the project design will result in undesirable and abrupt scale relationships in the area, particularly on Jamboree Road where the first tier of the Sea Island project is significantly lower in elevation to the proposed project. 2. That the proposed landscape plan will result in the obstruction of public views from East Coast Highway across the subject site. D. Tentative Man of Tract No 14055 Findings: 1. That the site is not appropriate for the density which is being proposed. 2. That the design of the project has problems from a planning standpoint in the areas of landscaping and scale to the surrounding development. E. Coastal Residential Development Permit No 17 Findinin 1. That a Coastal Residential Development Permit is not needed for a project which is denied. PC\A705.EXB N3 TO: PlAng Commission - 22 ' VICINITY MAP ENVIRONMENTAL IMPACT REPORT NO. 146 TRAFFIC STUDY NO. 63 ' AMENDMENT NO. 705 TENTATIVE MAP OF TRACT NO. 14055 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 17 2 SITE r ' �t eil is E$'• k qua- � • \�' fir_ tnt 11 — •�Zf.A\` F 2ruai�J ur, f�Liplt r� C°Illna ��"'x,':'ser_ -�\ ,�?' i'�i � t`• -jt. I'sl 1• ' @,` t '* 'tea •PQd:t~1°•t'f� "R1u.'+n alhoa�_,;� J I f N !° 1Lf COUNTY SANITATION DISTRICTS f OF ORANGE COUNTY, CALIFORNIA P.O.BOX 8127,FOUNTAIN VALLEY,CALIFORNIA 0272MI27 108µ ELLIS.FOUNTAIN V LLEY,,4CALIFORNIA 92TW7018 ec February 27, 1990 Mr. Don Webb City Engineer city of Newport Beach 3300 Newport Boulevard post Office Box 1768 Newport Beach, CA 92659-1768 Dear Dons Subject: villa Point ive Tract N 055 Point Apartments In response to inquiries from your department concerning the panding approval of Tentative Tract No. 14055, the Sanitation District requests that you condition this tract to not allow construction of permanent structures over the sewer line or within 15 feet of either side of the line. in addition, on the w e request that no planting mounding of rany treeborpbush larger than 6 feet line, nor the planting Y in height at full growth. Thank you for the- opportunity to comment on the Villa Point Apartment project• ve truly rs, 44 zomas M. Dawes Director of Engineering Tr4D.jt VIA FAX K5 �J — $� '^ilra y�O .�c3l ili� '� 3 '�I.tA. 6r' N. •��....h1 am � !�itiT}U •jb I * 1. Q I �� • ��•r� t�,� ni oG a a `' K\ti Y•S.,i'�, rjO Q.�.,.: e ^� 1r34. �CA�� w 11. 1 7 Attacroent .s • Planning Commission Mog March 12. 1990 Agenda Item No. 6 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Villa Point Phase II - Supplemental Report Staff has further reviewed the suggested conditions for approval of the Villa Point Phase 11 project, and proposes the following revisions: i EIR Mitigation Measures: 23. Construction activities will be conducted in accordance with So-W R, a the Newport Beach Municipal Code, which limits at�l�d� A . holidays. 36. The applicant shall contribute a fair share contribution to the re-opening-of schools, if required by the school district. 37. The project shall provide recycling bins in the trash disposal areas for the voluntary recycling of newspaper, aluminum and glass. The project shall also 999090"M ecycling of items disposed in this Tentative Tract Map Conditions: PLANNING DEPARTMENT JAMES D. HEWICKER, Director By Patricia L Temple PLT Principal Planner PC\A705.SR2 ' Hl.l.t%l:a IIuoaa� a FINAL ENVIRONMENTAL IMPACT REPORT NO. 446 VILLA POINT PHASE H SCH# 89010078 I 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 THE BUTLER/ROACH GROUP, INC. 1660 NORTH HOTEL CIRCLE DRIVE, SUITE 606 SAN DIEGO, CA 92108 CONTACT PERSON: TROY M. DAVIS (619) 298-7127 April 16, 1990 COMMENTS Copies of all comments received as of April 13, 1990 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 are accepted as adequate by the certifying body. Commentators CommentlResponse Series 1. Letter - April 4, 1990 CO - 1 Karl A. Rigom Regional Coordination Office County of Orange 2. Letter - April 3, 1990 DT - 1 Robert F. Joseph Advance Planning Branch Department of Transportation State of California 2 L0 • • • MICHAEL M. RUANE DIRECTOR, EMA 12 4 Z NTY O F SANTAIANAE CAL FORNA 2 i MAILING ADDRESS: P.O.BOX 4048 5 3 RAN O E SANTA ANA, CA 92702.4048 TELEPHONE: (714)834-2306 ENVIRONMENTAL MANAGEMENT AGENCY FAX#834-2395 APA.041990 FILE Patricia Temple, Principal Planner City of Newport Beach 2200 Newport Blvd. NCL 90-41 P.O. Box 1768 Newport Beach, CA 92659-1768 SUBJECT: DEIR for the Villa Point Condominiums Dear Ms. Temple, The above referenced item is a draft Environmental Impact Report (DEIR) for the City of Newport Beach. The proposed project would build a 90 unit apartment/condominium development at 1100 East Coast Highway, near Jamboree Road. The County of Orange has reviewed the DEIR resulting in the following comments: Water Resources The section on mitigation of water quality impacts does not elaborate on any elements of the proposed plans to limit/prevent water quality deterioration. It is impossible, without further information, to make any assessments as to the feasibility of any of these programs. The final EIR should contain this information. O') It should include commitments to incorporate structural (eg. detention basins) and non-structural (eg. street sweeping, catch basin cleaning, public education of the residents) Best Management Practices for reducing pollution (eg. eroded soils, heavy equipment residues, waste oil, fertilizers, pesticides and herbicides) in runoff during the construction and post-development phases. The County's Transportation Planning Division will be sending their comments under separate cover to you within the week. 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, Program Manager RECEIVED BY Regional Coordination Office PLANNING DEPARTMENT CITY OF NEWPORT BEACH AM APR 61990 PM By. 7181911DIU112111213141516 ri A. Rigoni, r lanner CH:tk(0040410395329) ,5"0 STATE OF CALIFORNIA—BUSINESS AND TRANSP ATION AGENCY GEORGE DEUKMEJIAN, Goromor DEPARTMENT OF TRANSPORTATION DISTRICT 12 RECEIVED BY o 2501 PULLMAN STREET SANTA ANA, CA 92705 PLANNING DEPARTMENT CITY OF NEWPORT BEACH To: AM APR 111990 PM 71819110111112111213141516 Ms. Patricia L. Temple April 3, 1990 Principal Planner File: IGR\CEQA City of Newport Beach DEIR Villa Point Newport Beach, CA 92658-8915 SCH #89010078 Subject: Villa Point Condominiums Phase II Ms. Temple: Thank you for the opportunity to comment on this DEIR for the formation of a Villa Point Condominiums Phase II development plan. Caltrans District 12 has no comment other than the project mitigation measures must be consistent with the East Coast Highway improvement plans and associated costs shall not be the responsibility of the State. Furthermore, the project may require ON an Encroachment Permit be issued should any part of the proposed project infringe on any portion a State facility. Please continue to keep us informed on this proposed project as well as others proposed in the future that could potentially impact our transportation facilities. If you have any questions or need to contact us, please call me at (714) 724-2235. T n yo , Robert F. os ph, hief Advance Planning Branch cc: Bill Bengtson, Permits Brad McAllester, HQTRS Planning Garrett Ashley, OPR J7 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. Court of Orange CO-1 Comment The section on mitigation of water quality impacts does not elaborate on any elements of the proposed plans to limit/prevent water quality deterioration. It is impossible, without further information, to make any assessments as to the feasibility of any of these programs. The final EIR should contain this information. It should include commitments to incorporate structural (eg. detention basins) and non-structural (eg. street sweeping, catch basin cleaning, public education of the residents) Best Management Practices for reducing pollution (eg. eroded soils, heavy equipment resides, waste oil, fertilizers, pesticides and herbicides) in runoff during construction and post development phases. CO-1 Response It appears that the maker of the comment did not read the entire Environmental Impact Report before making the above comment. The EIR addresses erosion of soils in the section on Geology, rather that in the section on water quality. Within that section is discussion of many of the concerns addressed by the comment, and includes a complete set of mitigation measures for both structural and non-structural erosion control measures. The mitigation measures are as follows: 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. 5 .S� 3. The grading permit shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize the impact of haul operations. 4. 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. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the City Grading Engineer. 5. Prior to approval of the final grading plan, recommendations of the geotechnical report shall be incorporated into the final design and engineering of the project. 6. The Irvine Company has provided approximately 1,100 linear feet of an off-site storm drain, from Jamboree Road down 'Back Bay Drive to an existing storm drain inlet structure at the back bay. This storm drain was constructed as mitigation for Villa Point Phase I and will be adequate for the additional runoff from Phase 11. 7. A storm drain was provided as part of the project, to channel surface waters from the project site and a portion of East Coast Highway to the master-planned off- site storm drains. This storm drain was constructed as mitigation for Villa Point Phase I. 8. The velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as a part of project design. 9. Prior to the issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in such a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This shall be reviewed and approved by the Building Department. 10. The development shall provide for vacuum sweeping of parking areas. 11. Landscaped areas shall be irrigated with a system designed to avoid surface run- off and over-watering. 12. 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. 6 13. Landscaped areas shall be irrigated with a system designed to avoid surface run- off and over-watering. Department of Transportation DT - 1 Comment Caltrans District 12 has no comment other than the project mitigation measures must be consistent with the East Coast Highway improvement plans and associated costs shall'not be the responsibility of the State. Furthermore, the project may require that an Encroachment Permit be issued should any part of the proposed project infringe on any portion of a State facility. Please continue to keep us informed on this proposed project as well as others proposed in the future that could potentially impact our transportation facilities. DT - 1 Response Comment has been noted and will be forwarded to the decision makers for consideration relative to the project. The project has been designed to be consistent with'the East Coast Highway improvement plans. 7 • • Attachment 5 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. 146 FOR THE VILLA POINT PHASE II PROJECT WHEREAS, the Draft Environmental Impact Report No. 146 provided environmental impact assessment for the proposed Villa Point Phase H 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 Villa Point Phase H Project completely and adequately 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 making its decision on the proposed Villa Point Phase 11 Project; and WHEREAS, the City Council desires to approve the project; and s-s rr 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 I avoid the significant environmental effects thereof as identified in the EIR. FINDING 2 -Such changes or alterations are within the responsibility and jurisdiction 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. 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 t: s6 • • are identified in the EIR but are not mitigated, the City must state in writing the reasons-to support its action based on the EIR or other information in the record. NOW, THEREFORE, 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 EIR. 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 EIR 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 .ssy 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 has 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. 10. 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 hearing process on the Villa Point Phase II 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. 146 for the Villa Point Phase II 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 4 4. Planning Commission Minutes 5. 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 1990. MAYOR ATTEST: CITY CLERK PLT/WP50 ED\EIR146.RS1 5 i • • Exhibit 1 CEOA STATEMENT OF FINDINGS AND FACTS TRAFFIC STUDY NO, 63, AMENDMENT NO, 705, TENTATIVE TRACT MAP NO 14055 AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO 17 VILLA e POINT PHASE I[ PROTECT ENVIRONMENTAL IMPACT REPORT NO, 146 SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE 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 A'TRAFFIC STUDY,AN AMENDMENT, A TENTATIVE TRACT MAP AND A COASTAL RESIDENTIAL DEVELOPMENT PERMIT FOR THE VILLA POINT PHASE II PROJECT IN THE CITY OF NEWPORT BEACH, CALIFORNIA. RACKGROLIND 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 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 90 unit apartment project on property located in the Multi-Family Residential area of Newport Center. The project includes the certification of an Environmental Impact Report and approval of a traffic study, an amendment to the Villa Point Planned Community District Regulations and Development Plan, a tentative tract map and a coastal residential development permit. 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. 6a SIGHINGS AND FACTS IN SUPPORT OF FINDINGS FOR CANT T ENVIRONMENTAL EFFECCS OF THE PROJECT EFFFC"S DEIVRMTNED TO BE INSIGNIFICANT BIOLOGICAL RESOURCES Conversion of the vacant lot will require the removal of existing vegetation. However, this impact is considered insignificant in both a local and regional context. RECREATIONAL RESOURCES Prior to the approval of this project, the property owner dedicated the t 40 acre Mouth of Big Canyon site to the City of Newport Beach, and received four acres of park dedication credit. This site was identified at that time as eligible for the use of these credits. Additionally, the project will provide directly for certain recreational needs of the residents on-site. CULTURAL RESOURCES Former Ora-65 was anticipated to be on site but was determined to have been destroyed by road construction. 6< 3 FFFECfS DETERMINED TO BE MITIGABLE TO LEVEL OF INSIGNIFICANCE GEOLOGY/SOILS ,Significant Effect The proposed residential units will be subject to ground shaking in the event of an earthquake. 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 SuppgEl,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. All buildings will conform to the Uniform Building Code and Seismic Design Standards. Significant Effect • Development of the project will require grading of the site. 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. Face in Support of Findine 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. The grading permit shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize the impact of haul operations. 4. 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. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the City Grading Engineer. 5. Prior to approval of the final grading plan, recommendations of the geotechnical report shall be incorporated into the final design and engineering of the project 6a 4 WATER RESOURCES Significant Effect ' Construction of the project will result in an incremental increase in the amount of storm runoff from the site. 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 Supporl of Findine 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. The Irvine Company has provided approximately 1,100 linear feet of an off-site storm drain, from Jamboree Road down Back Bay Drive to an existing storm drain inlet structure at the back bay. This storm drain was constructed as mitigation for Villa Point Phase I and will be adequate for the additional runoff from Phase II. 2. A storm drain was provided as part of the project,to channel surface waters from the project site and a portion of East Coast Highway to the master-planned off- site storm drains. This storm drain was constructed as mitigation for Villa Point Phase I. ;ignificant Effect Surface runoff from the site may contain urban pollutants affecting the water quality of Newport Bay. 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 Suppgrt of Findine 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, ff required, shall be submitted andhe 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. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the City Grading Engineer. 2. The velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as a part of project design. 3. Prior to the issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in such a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This shall be reviewed and approved by the Building Department. 4. The development shall provide for vacuum sweeping of parking areas. d.3 5 5. Landscaped areas shall be irrigated with a system designed to avoid surface run- off and over-watering. CULTURAL RESOURCES Sienificant Effect ' The project site has a high potential for paleontological resources as indicated in the Phase I ERR. 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 paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. 2. Should fossils be discovered during grading operations,the landowner shall donate the fossils collected to a non-profit institution. LAND USE/AESTHETICS Significant Effect The project is consistent with City land use plans. Development of the project will change the character of the site from predominantly vacant to urban. 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 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. 2. Landscaped areas shall be irrigated with a system designed to avoid surface run- off and over-watering. S. The landscape plan for the corner of East Coast Highway and Jamboree Road shall be reviewed by the Planning Commission prior to issuance of the building (off 6 permit. One of the issues to be addressed is the grade elevations at the intersection. 4. Development shall be in substantial conformance with the approved site plan, floor plans and elevations. 5. The project shall be designed so as to eliminate light and glare spillage onto adjacent properties. 6. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 7. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 8. 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. TRAFFIC AND CIRCULATION Sgo;fi ant Effect The project will generate 630 average daily trips and 55 p.m. peak hour trips. 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. 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. 2. The project shall provide for the reservation of right-of-way for the potential future grade separation of East Coast Highway and Jamboree Road as called out in the City's General Plan. NOISE Significant Effect ' The project will be exposed to noise levels from Coast Highway in excess of standards. 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. 7 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 building permit, a qualified acoustical engineer shall review final architectural plans to determine what 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. 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 • Construction activity will generate short-term impacts and intermittent high noise levels. 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 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 Section 10.28.040 of the Newport Beach Municipal Code, which limits noisy construction activities. bb s SIGMECANT 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 EBR 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 Significant 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. FindinYs 1. Changes or alterations have been required in, or incorporated into, the project whicii avoid or substantially lessen the significant environmental effect as identified in the Final EBR. 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 Findings The significant effect has been substantially lessened by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EBR and incorporated into the project. These measures include the following: 1. 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. 2. The project shall provide for the reservation of right-of-way for the potential future grade separation of East Coast Highway and Jamboree Road as called out in the City's General Plan 3. 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. 4. 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. 5. 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 building permit, a qualified acoustical engineer shall review final �9 9 architectural plans to determine what 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 East Coast Highway and Jamboree Road. 6. 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. 7. Construction activities will be conducted in accordance with Section 10.28.040 of the Newport Beach Municipal Code, which limits noisy constructions activities. 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 EIR. 1. The project represents the best use 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. ENERGY Significant Effect There will be an incremental increase in energy consumption. Findinas 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 10 3. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR (Section 15091 of the Guidelines). Facts in Suppgri of Findings The significant effect has been substantially lessened by virtue of the Standard City Policies and Requirements identified in the Final EIR and incorporated into the project. These measures include the following: 1. Building design shall conform to Title 24 of the California Administrative Code. 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 use 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. PUBLIC SERVICES AND UTILITIES Significant Effect No significant effects are anticipated. However, the project will cumulatively affect the remaining capacities of services and utilities in conjunction with ongoing growth in the area. ' 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 Findings 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. 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. 2. Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. 3. All onsite fire protection (hydrants and Fire Department connections) shall be approved by the Fire Department and Public Works Department. 4. The applicant shall install an Opticon device in the Back Bay Drive/Jamboree Road signal. 69 11 5. Final design of the project shall provide for the incorporation of water-saving devices for project lavatories and other water-using devices. This shall be verified by the Building Department prior to issuance of occupancy permits. 6. 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 of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities. 7. Prior to the occupancy of any building, the applicant shall provide written verification from the Orange County Sanitation District that adequate sewer capacity is available to serve the project. 8. Prior to the approval of the final tract map, the applicant shall consult with the City of Newport Beach Public Works Department and OCTD regarding the provision of a bus stop and related amenities (i.e., shelter, bench) along East Coast Highway adjacent to the project site, and shall install any facilities determined to be necessary by the City and OCM. 9. The applicant shall contribute a fair share contribution to the schools, if required by the school district. 10. The project shall provide recycling bins in the trash disposal areas for the voluntary recycling of newspaper, aluminum and glass. The project shall also provide a mechanism for the collection and recycling of items disposbd of in this manner. Subject to the approval of the Planning Department and the General Services Department,this program may be substituted for one which accomplishes recycling without source point sorting. �o 12 PROD= ALTERNATIVES Findinus 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 BIR. NO PROJECT ALTERNATIVE The No Project Alternative provides for no development on the site. FindinCfl 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 an increase in the housing stock of the City of Newport Beach, and will not contribute to the provision of affordable housing. 2. The No Project Alternative will leave the site in an undeveloped state, which would be subject to erosion during storms, and would therefore continue to contribute incrementally to siltation in Newport Bay. LOW DENSITY RESIDENTIAL ALTERNATIVE The Low Density Residential Alternative assumes development of a detached, single- family residential development. ni Specific economic, social, or other considerations make infeasible this alternative described in the Final EIR in that: 1. The alternative would only slightly reduce the incremental contribution to traffic congestion, ambient noise levels, air quality and service/utility usage. 2. The alternative would not result in the same provisions for affordable housing. 3. The configuration of the site is not conducive to detached residential development. 4. The site is Phase H of an apartment project already under construction. S. The alternative would be more difficult to mitigate from a noise impact standpoint. HIGHER-DENSITY RESIDENTIAL ALTERNATIVE A higher-density residential alternative could be 20 units per acre, or a total of 186 dwelling units. 7/ 13 Findinps 1. Development of this density of residential use is not allowed on the site by the Land Use Element and Local Coastal Program, Land Use Plan. 2. The larger, more intense subdivision would be significantly out of character with the surrounding area. OFFICE/COMMERCIAL ALTERNATIVE This alternative would include an 80,000 sq.ft. office building which would include a restaurant facility. 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. PARK/OPEN SPACE ALTERNATIVE This alternative would result in the development of an open space amenity on the subject site. Filldines 1. The site is not highly accessible in a regional sense, due to the location on East Coast Highway and its separation from the Upper Newport Bay area by Jamboree Road. 2. The site immediately across Jamboree Road (Bayview Landing) is designated predominantly for open space, and will provide the same open space amenity as could be achieved by this site, except that its location is more directly accessible for the Newport Bay and Newport Dunes areas. ALTERNATIVE LOCATIONS The project could be developed in other locations of Newport Beach. According to the Housing Element, there are only eight major undeveloped sites suitable for residential development remaining in the City of Newport Beach,with a total unit capacity of 1,498. Villa Point Phase II is one of these, and 90 units are allowed on the site. Findine 1. The Regional Housing Need Assessment (RHNA) prepared by SCAG (Southern California Association of Governments) projects that 2,062 units will be required in order to fulfill future (2010) housing needs in the City of Newport Beach. Therefore, all eight of these undeveloped sites would require residential development, and could not be substituted as an alternate location for this project. 7a Exhibit 2 STATP]\M OF OVERRIDBJG CONSID ERA ONS 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 are acceptable and are clearly outweighed by specific social, economic and other benefits of the 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 infill 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 increased housing opportunities. 6. The project has been designed to be sensitive to the surrounding neighborhood by: • providing adequate parking • providing an architecturally aesthetic project that upgrades the area while blending into the existing neighborhood • providing landscaping adequate to reduce the visual impact of the development • providing a significant setback at the corner of East Coast Highway and Jamboree Road to allow for the preservation of panoramic views of bluff areas adjacent to Upper Newport Bay PLT/WP50 ED\EIR146.FDG 73 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE VILLA POINT PLANNED COMMUNITY DISTRICT REGULATIONS (PLANNING COMMISSION AMENDMENT NO. 705) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and WHEREAS, an amendment to the Villa Point Planned Community is necessary in order to maintain consistency between the Newport Beach General Plan and the Zoning Ordinance; and WHEREAS,the City of Newport Beach prepared an Environmental Impact Report for the project in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines; and ' WHEREAS, the planning Commission held a public hearing on the proposed amendment and has recommended approval of said amendment to the City Council; and WHEREAS,the City Council has reviewed and considered the information contained in the environmental document in making its decision on the proposed amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby approve an amendment to the Villa Point Planned Community designated as Planning Commission Amendment No. 705 as shown on Exhibit 1 attached. ADOPTED this _ day of April • 1990. MAYOR ATTEST: CITY CLERK PLT CC\A70S.RS1 vTTSA POINT APAMOm NZMRr Bmai Planned C=unity District Regulations April lit 1990 Planned Cmmminity Development Standards for Villa Point Apartments ordinance No. 84-13 Adopted by the City of Newport Beach City Council on May 29, 1984 Villa Point Apartmrrts - Newport Beach Planned a mmmity District Regulations 241 TABLE OF OONTEM Introduction Section I Statistical Analysis Section II General Notes Section III Definitions Paragraph 1 Buildable Acreage Paragraph 2 Streets - Dedicated and Private Section IV Multiple Family Residential Subsection A Permitted Uses Subsection B Site Density Subsection C Maximum Building Height Subsection D Setbacks From Streets Subsection E Setbacks From Property Lines Subsection F Parking Subsection G Signs Subsection H Fences, Hedges and Walls Amerxtments �7 nEMDUCPICN • • The Villa Point ApartMents Planned Ccm=ity District for the City of Newport Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned cm mnnty is to provide a method whereby property may be classified and developed for multiple family residential uses. The specifications of this district are intended to provide landand development standards supportive of the development proposal us tanned herein while insuring compliance with the intent of all applicable regulatory codes. Whenever the regulations contained herein conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall take precedence. The Municipal code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Co amity boundaries shall ccuply with all provisions of the Uniform Building Code and various mechanical codes related thereto. -1- 2f SAN JOAQUIN HILLS ROAD SgNT 9 �9 0 9-Q9 Fashion oAly� Island w it 0 OAT e Q o 9 �9 o �R2 ,n4:<:r.;f 4 :• OPST HIGHWAY ` G • P PG�F\ MULTIPLE FAMILY RESIDENTIAL VILLA POINT APARTMENTS PLANNED COMMUNITY DISTRICTNORTH LAND USE PLAN 79 Section I. STATISTICAL•SIS (For Analysis Purposes Oqy) Gross Development Land Use Area Acres Units Multiple Family Residential 1 9.2 138 DU's 2 4.5 90 DCP s ,mil 13.7 228 BUIS -2- 80 Section II. General Notes 1. Project Descriptian The Planned CC=Mty District er asses 13.7 gross acres. The Planned Com for multiple family All future �t District be been ncdeveloped ommppliance_ with them designations. uses. 2. Park Standards Park requirements shall be in accordance with the Park De Dediord cation ordinance. Park credits from mouth of Big Canyon o Co mmmity may be applied to meet the park requirements North this project. 3. Water Services Water within the Planned Community will be ftmu--hed by the City of Newport Beach. 4. Sewaae Disposal Sewage disposal facilities within the Planned Coammmity will be provided by orange County Sanitation District No. 5. Prior to the issuance of any building permits it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occupancy of any structure it shall be further demonstrated that adequate sewer facilities exist. 5. Grading and Fsosian Grading and erosion control shall be carried out in accordance provisions. of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. a. The grading plan shall include a ccMlets plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. b. The grading permit shall include, if required, a description of haul rou:tesrogram designed' access to minimize impacts of the haul opets to the site and n and sweeping pration- c. An erosion and dust control plan, if required, shall be submitted and approved by the Building Department. -3- 8 • d. An erosion and station control plan, if require, shall be approved by the California Regional Water Quality Control Board - Santa Ana Region. e. The velocity of Concentrated run-off fratt any project shall be evaluated and erosive velocities controlled as part of the project design. f. Grading shall be Conducted in accordance with plans prepared by a Civil Engineer and based on of a soil engineer and an engineering geologist subsequent to the coupletion of a comprehensive soil and geological 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. A_rchaeoloaical/Paleontological Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City Policies. 7. ia1x7SCapiSlg All landscaping shall be installed in accordance with landscape plans, subject to the review and approval of the Planning Department and Parks, Beaches, and Recreation Department. landscape plans for the corner of East Coast Highway and Jamboree Road shall be reviewed by the Planning Conmission prior to issuance of the building permit. One of the issues to be addressed would be the grade elevations at the intersection. S. Any fire equipment access shall be approved by the Fire Department. in 9. The final shall be reviewed aryl approved the Public of cn-site pedestrian and bicycle orkss circulation the tract Planning Deparbwnt• 10. Prior to approval of the final tract map for residential development, applicant shall reach agren-ent with the City for compliance with California GCvernu t Code 65590, regarding housing requirements. 11. Additional detailed noise studies shall be conducted for the residential development for cnsite impacts of the project. 12. All buildings shall meet Title 24 requirements. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation, and implementation of energy conserving heating and lighting systems. -4- Sa +13. Water conservation design features shall be irx=porated into building construction. 14. Exposed slopes, if any, shall be stabilized as soon as possible to reduce erosion. 15. Public or private streets shall meet City standards. 16. No permanent structures are permitted over the sewer line of the County Sanitation Districts of orange County, nor within fifteen (15) feet of either side of this line. No mcxuxiing or fill is permitted over this sewer line setback area, and no tree or bush larger than six (6) feet in height at full graath is allowed in this area. -5- 92 section III. DOMMICUS The following definitions refer to the permitted uses in the develcpuent standards contained in this ordinance. Streets - Dedicated and Private Reference to all streets or rights-ofway within this ordinance shall man dedicated vehicular rights-of-way. in the case of private or nondedicated streets, except Backbay Drive, a miniim= setback frarn said streets of five (5) feet shall be required for all structures. Emept for sidewalks or access drives, this area shall be landscaped according to the setback area standards from dedicated streets contained herein. -6- 8�/ R • • Section IV. NUIM= FAMILY RESIDENTIAL The following uses and development standards apply. A. Permitted Uses 1. Apartments 2. Condominiums 3. Recreation facilities 4. Uses appurtenant to 1 and 2 above B. Site Density A minimm average of 1,500 square feet of lot area shall be provided for each dwelling unit. For the purpose of this ordinance, average area per dwelling shall mean the average of all developed areas on site (to include parks, recreational and pernannent open space) , exclusive of areas designated as public streets divided by the total number of dwelling units. c. Maximtmm Building Height All buildings shall cociply with the height restrictions established by the City for this area. The maximum height of all building shall be thirty-two (32) feet, and shall be measured in accordance with the Newport Beach Municipal Code. D. Setbacks from Streets The following minimum setbacks shall apply to all structures (not to include garden walls or fends) adjacent to streets. Said setbacks shall be measured from the ultimate right-of-way line. However, the Planning Director may, upon submittal of a tentative subdivision nap or preliminary site plan, review said map or plan in view of setbacks listed in this ordinance and/or sound planning principles and shall either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning Camnission for a determination. in the case of modification or disapproval the applicant may appeal to the Planning Commission for further consideration. Setbacks from Ultimate Street Right-of-wav lAhe Pacific Coast Highway 20' Backbay Drive (Private) 101 Jamboree Road 20' E. Setbacks from Property Lines All setbacks listed under this section refer to property lines not affected by the requirements of Subsection D above. The minirim setback shall be five (5) feet, except there shall be at least ten (10) feet between structures on adjacent lots and no dwelling or maim residential structure shall be closer than ten (10) feet to any other dwelling or main residential structure on the same lot. -7- F. Off-street parking for apartment uses shall be provided as follows: Two parking spaces per dwelling unit A miniMUM of one (1) parking space per apartment unit shall be covered. Where as a fractional figure is found as a remainder in compatatoa 'made to determine the number of required off-street parking spa fraction shall be mounted upward. G. Signs One (1) double or single face primary identification ground sign per street frontage shall be allowed. Said sign} shall not exceed a height of 4 feet nor an area of thirty-five (35) square feet per face. Said signs may be internally or externally illuminated and shall be subject to the review and approval of the City Traffic Engineer. Said sign may also be located on any project boundary perimeter wall, subject to the same number and area limits as mentioned above. secondary identification signs and directional signs, used to give direction to vehicular or pedestrian traffic are permitted. Said signs shall not exceed a height of 4 feet nor an area of twenty (20) square feet. Said signs may be internally or externally illuminated and shall be subject to the review and approval of the City Traffic Engineer. Sign area shall mean the area enclosed by a rectangle drawn around the wording, numbers, images or logos composing the sign. internal directional and identification signs are permitted subject to the review and approval of the City Traffic Engineer. -8- g6 H. Fences. HedcM and Walls Fences shall be limited to a maxiram height of eight (8) feet, measured from finished grade on the side of fence facing Coast Highway. Where the fence is required to protect a swiimning pool, the fence shall be constructed so as to meet the requirements of the Uniform Building Code for pool safety. Wing walls, where an extension of a residential or accessory structure, may be eight (8) feet in height. At street intersections (to include driveway intersections with streets) , no such appurtenance shall exceed thirty (30) inches in height above street pavement grade within the triangle bounded by the right-of-way lines and a connecting line drawn between points thirty (30) feet distant frOM the intersection of the right-of-way lines prolonged. -9- g? r . AIGNMENIS 0 1. Redesignate Area 2 f , office to multi-family residential, and amend text to reflect this change. Ordinance No. adopted April 23, 1990. -10- CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES VA ROLL CALL \TpMarch 26, 1990 INDEX PLANNING COMMISSION AMENDMENT NO 688 PCA 688 Request to ame/anportion Districting Map so as o reclassify 1900 Wesa Boule and from the SP-6 Disto the SP-6 (MFR) SPR Districto es ablishon the Districting fo t frontyard setbacks on bo1 h Streetand West Balboa B frontages(see agenda item FAND SITE PLAN REVIEW N Request to Site Pln approve a site p n review so as to Rvw#55 permit the con ruction of a five unit resid tial condominium development o property proposed to be rezoned o the SP-6 (MFR) SPR District. a proposal also includes a modific tion to the Zoning Code so as to a ow a portion of the proposed buildi g to encroach 5 feet into a newly established 10 foot rear yard set ack, adjacent to the no thwesterly property line; AND TENTATIVE MAP OF TRACT NO. 14120 - TMpTr 14120 Request to subdivide two existing lots into a single lot for a five unit residential condominium development and related garages, located on property to be rezoned to the SP-6 (MFR) SPR District. (Report from tile (b) TRAFFIC STUDY N0. 63 - A request of Trfc Std Regis Contractors to approve a I163 Traffic Study so as to permit the construction of 90 dwelling units on property located in Area 2 of the Villa Point Planned Community; and the acceptance of an Environmental Impact Report; AND PLANNING COMMISSION AMENDMENT NO. 705 PCA 705 - Request to amend the Villa Point Planned Community Development Plan so as to reclassify property located at 1100 East Coast Highway, on the northeasterly corner of East Coast Highway and Jamboree Road, in the Volume 44 - Page 98 liY OF NEWPORT &ACH COUNCIL MEMBERS MINUTES ROLL CALL Q March 26, 1990 INDEX (a) One Groundsworker I, Parks Divisi (d) One Utilities Specialist II, star Division. (e) One Refuse Worker I, Refuse- ivision. 9. STAFF AND COMMISSION REPORTS For Council information and appr al: (a) Report from Pa s, Beaches and PB6R/St. Recreation Dire or recommending the James PI City not pars acquisition of the Lot vacant lot at 24 ST. JAMES PLACE for (62) recreation view park purposes. (b) Removed om the Consent Calendar. For Council info tion and filing: (c) ' Re ved from the Consent Calendar. (d) opy of resolution of Orange County League of Division of LEAGUE OF CALIFORNIA CA Cities CITIES asking the Board of (61) Supervisors to adopt ordinances• requiring the application of municipal development standards when processing projects within a ey 's Sphere of 1.1fitlellce. 10. PUBLIC HEARING SCHEDULING - April. 23, 1990: (a) GENERAL PLAN AMENDMENT NO, 89-20) - GPA 89-2(D) A request'of Todd Schooler and Steve (45) McCluer to amend the Land Use Element of the General Plan so as to change the land use designation of 1900 West Balboa Boulevard, on the northeasterly corner of 19th Street and West Balboa Boulevard, in the Cannery Villaga McFadden Square Specific Plan from "Retail and Service Commercial" to "Multi-Family Residential;" and the acceptance of an Environmental Document; AND LOCAL COASTAL PROGRAM AMENDMENT NO. LCPA#18 18 - Request to amend the Local Coastal Program Land Use Plan so as to change the land use designation from "Retail and Service Commercial" to "Multi-Family Residential;11 AND Volume 44 - Page 97 RTY OF NEWPORT B&CH COUNCIL MEMBERS MINUTES � G ROLL CALL March 26, 1990 INDEX Villa Point Planned Community, from "Office/Visitor Serving Commercial" to "Multi-Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2; AND TENTATIVE MAP OF TRACT NO. 14055 - TMpTrl4055 Request to subdivide two existing parcels of land containing 9.3+ acres, into a single lot for a 90 unit residential condominium development; AND COASTAL RESIDENTIAL DEVELOPMENT CRD Prmt PERMIT NO. 17 - Request to approve a #17 Coastal Residential Development Permit for the purpose, of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone in conjunction with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. (Report from the Planning Department) 11. CORPORATION YARD BUILDINGS "C AN Corp Yfd L"/CONTRACT NO. 2762 - Approve the pl s Bldgs C/L and specifications; and authorize the ity C-2762 Clerk to advertise for bids to be op ad at (38) 11:00 A.M. on May 1, 1990. (Re rt from Public Works Department) 12. ACCEPTANCE OF MACARTHUR BO VARD TO SEA MacA B1/ LANE SIDEWALK CONNECTI /JAMBOREE ROAD Jamb Rd S1 SLOUGH WALL BETWEEN YSIDE DRIVE AND Wall/Bysd PACIFIC COAST HIGHWAY AYSIDE DRIVE SLOUGH Dr/Pkg Lt WALL BETWEEN COUN ROAD AND CARNATION Imprvms AVENUE/BAYSIDE DRIVE PARKING LOT Dahlia IMPROVEMENTS AN DAHLIA AVENUE PARKING LOT C-2702 METERS (CONT CT NO. 2707) - Accept the (38) work; and horize the City Clerk to file a Notice of Completion and release the bonds 5 days after the Notice of Comp tion has been recorded in accordance wi applicable portions of the Civil Code. eport from Public Works Department) Volume 44 - Page 99 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 0* ROLL CALL March 26, 1990 INDEX 13. IMUA OUTRIGGER CANOE CLUB - Approve the IMUA Outrgr request for seasonal outdoor storage of Canoe Clb/ outrigger canoes at North Star Beach, as PB&R requested for the period March 1 - November (62) 30, 1990, subject to conditions listed in the staff report. (Report from Parks, Beaches and Recreation Director) 14, SPECIAL EVENTS APPLICATIONS - Uphold Special staffs recommendations to approve the Evnts 'Apli following applications, subject to (65) conditions in the staff report. (Report from Business License Supervisor) (a) Application #89-423 - Ford Apli#89-423 Aerospace for temporary road closures of streets adjacent to Ford Aerospace - Spring Tune-Up Run, Saturday May 12, 1990, 6:00 to 10:30 a.m. (b) Application M90-005 - Parks, Apli#90-005 Beaches and Recreation temporary street closures in Old Corona del Mar, for 9th Annual Scenic 5K, Saturday, June 9, 1990, 7:30 to 10:00 a.m. 15. CHANNEL PLACE PARK - Refer report from Chnl Pl Prk Parks, Beaches and Recreation to City PB&R Manager regarding recommendation for (62) $15,000 addition to the 1990-91 BUDGET to accommodate the construction of a half- court basketball facility at Channel Place Park, 16. BUDGET AMENDMENTS - For approval: (25) BA-057, $1,935 - Transfer in Budget Appropriations for SPECIAL REFUSE COLLECTION FOR HARBOR VIEW AND HARBOR HILLS COMMUNITY ASSOCIATIONS ; General Services/Refuse Fund. (Letter from GS(44) Homeowners Associations and Memorandum from General Services Director) BA-058, $12,000 - Transfer in Budget Appropriations for TRAFFIC AND CIRCULATION N. STUDY IN THE VICINITY OF CORONA DEL MAR HIGH SCHOOL; Traffic and Parking Fund. (Refer to report w/agenda item F-3(e)) BA-059, $24,583.02 - Transfer in Budget Appropriations to' provide for STORM DRAIN IMPROVEMENT, PROGRAM (CONTRACT NO. 2716); General Fund. (Refer to report w/agenda item F-3(d)) Volume 44 - Page 100 '' • City Council Meng Maryh 26. 1990 Agenda Item No. F-,n(h I CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: A TRAFFIC STUDY NO. 63 A request of Regis Contractors to approve a Traffic Study so as to permit the construction of 90 dwelling units on property located in Area 2 of the Villa Point Planned Community; and the acceptance of an Environmental Impact Report. AND B. AMENDMENT NO. 705 Request to amend the Villa Point Planned Community Development Plan so as to reclassify property located at 1100 East Coast Highway, on the northeasterly corner of East Coast Highway and Jamboree Road, in the Villa Point Planned Community, from "Office/Visitor Serving Commercial' to "Multi-Family Residential' and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2. AND • C TENTATIVE MAP OF TRACT NO 14055 Request to subdivide two existing parcels of land containing 9.3± acres, into a single lot for a 90 unit residential condominium development. AND D. COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO, 17 Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone in conjunction with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. 3 TO: Planing Commission - 2. • Applications If approved, the applications described above will allow the construction of 90 apartment units which will be Phase II of the Villa Point project currently under construction. The proposed site plan shows the units to be provided in 10 separate structures,. with additional parldng facilities and a pool/cabana area. The Newport Beach Municipal Code and the City Council Policy Manual contain review procedures for these applications, as follows: Environmental Impact Reports in City Council Policy K-3, Traffic Studies in Chapter 15.40 and City Council Policy S-1, Amendment to an established Planned Community Development Plan in Chapter 20.51, Tentative Tract Maps in Chapter 19.12 and Coastal Residential Development Permits in Chapter 20.69. Suggested Action If desired, set these items for public hearing on April 23, 1990. Background On February 22, 1990, the Planning Commission reviewed the applications listed above, and recommended approval of Amendment No. 705 and Tentative Map of Tract No. 14055 to the City Council. Traffic Study No. 63 and Coastal Residential Development Permit No. 17 do not automatically come before the City Council, and should be called up for review by the City Council in association with the General Plan and Zoning Amendments. Copies of the Planning Commission Resolutions, Minutes and staff report will be forwarded to the City Council at the time of the public hearing. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By L"JM/� Patricia L. Temple Principal Planner PLT CC\A705.SR1 r COMMISSIONERS • MINUTES, March 8, 1990 CITY OF NEWPORT BEACH INDEX ROLL CALL s s x B. S'ENERAL PLAN AMENDMENT NO. 89- Adopt Resolution Resolution No. 1217, recommending it t e City Council, No. 1217 as set forth in the attached Resolu ' . C. LOCAL A TALE MENDMENT N 1 Adopt Resolution No. 8, recommending it to the City Resolution Council, as set fo in the attached Resolution. No. 1218 D. SEND N • Adopt Resolution No. 1219 Resolution reco ending approval of Amendment No. 688 to the No. 1219 Council. s s x A Traffic Study No 63 (Public Hearin al Item No.6 Request to approve a Traffic Study so as, to permit the TS 63 construction of 90 additional dwelling units on property located in Area 2 of the Villa Point Planned Community; and the A705 acceptance of an Environmental Impact Report. Res.122ss AND CRDP 17 B. Amendment No 705 (Public Hearina) Approved (Noticed as Amendment No. 698) Request to amend the Villa Point Planned Community Development Plan so as to reclassify the subject property from Office/Visitor Serving Commercial'to"Multi-Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2. AND C. Tentative Man of Tract No 14055 (Public Hearinal Request to subdivide two existing parcels of land containing 9.3± acres, into a single lot for a 90 unit residential condominium development; and AND -20- i t COMMISSIONERS • MINUTES March 8, 1990 Pow CITY OF NEWPORT BEACH ROLL CALL INDEX D Coastal Residential Development Permit No 17 (Discussion) Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone in conjunction with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. LOCATION: Portions of Blocks 94 and 55, Irvine's Subdivision and Parcel 1 of Parcel Map 12- 21 (Resubdivision No. 242), located at 1100 East Coast Highway, on the northeasterly corner of East Coast Highway and Jamboree Road, in the Villa Point Planned Community. ZONE: P-C APPLICANT: Regis Contractors, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams/Streeter, Irvine Commissioner Pers6n referred to Condition No. 15 with respect to the landscape plan for the corner of East Coast Highway and Jamboree Road, and he asked if the condition could be modified to state "..shall be submitted to the Planning Commission prior to implementation for final review..:' Patricia Temple, Principal Planner, explained that the revised condition would be acceptable to staff; however, she suggested that the Planning Commission provide specific guidance to the applicant. In response to a question posed by Commissioner Glover, Commissioner Pers6n clarified the modified condition. Ms. Temple requested that Mitigation Measure No. 26 be changed from Newport Boulevard to Jamboree Road and East Coast Highway. Ms. Temple referred to the supplemental staff report wherein staff proposed revisions to EIR Mitigation -21- 7 COMMISSIONERS • MINUTES March 8, 1990 now CITY OF NEWPORT BEACH ROLL CALL L I INDEX Measures No. 23, 36, and 37, and Tentative Map of Tract No. 14055, Condition No. 26. The public hearing was opened in connection with this item and David Dmohowski, representing The Irvine Company, and David McMahan, Project Manager for Regis Contractors, appeared before the Planning Commission. In response to a question posed by Chairman Pomeroy, Mr. Dmohowski indicated that the applicants concur with the findings and conditions in Exhibit "A" with the exception of affordable housing and views. Mr. Dmohowski referred to Condition No. 2, Coastal Residential Development Permit No. 17, regarding affordable units. He requested that the condition be modified so as to be consistent with the Affordable Housing Agreement that was executed with the City at the time Phase One, Villa Point, was approved. He said the Agreement requires 10 percent HUD Low and 10 percent County Median. He requested that Condition No. 2 be modified to state "nine units as HUD Low Income and nine units as County Median", so as to be consistent with the previous Agreement. Mr. Dmohowski explained that there are no Governmental subsidies or financial incentives available from the City to assist in the affordable housing provision, therefore, any subsidies that are provided would be at the expense of the property owner. Mr. Dmohowski stated that the applicants concur with all of the remaining terms and conditions of the affordable housing program as recommended by staff. In response to a question posed by Chairman Pomeroy, Mr. Dmohowski explained that to provide 20 percent affordable units, the applicants would request a revision as to how the units are to be broken down in the affordability category. He further explained that 20 percent of the 90 units requested would be 18 units, and of the 18 units the applicants are requesting nine units low income and nine units County median. Commissioner Pers6n referred to Condition No. 3, Coastal Residential Development Permit No. 17, and he asked if the City was now requiring a thirty year affordability. Robert Lenard, Advance Planning Manager, explained that Condition No. 2 is consistent with the Newport Beach Housing _22_ l Ja ' COMMISSIONERS MINUTES "'s `I �v March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX Element, and the requested affordability standards are similar to other projects approved by the City. He said that the approval of Phase One, Villa Point, gave the applicants the ability to provide the units off-site and that the same flexibility is proposed for this phase. The affect of Villa Point, Phase One, was to condition some of the units to be at rents that were essentially above market rate, so rather than have a reduction in rents on the existing apartment project, there was no effect. The City was designating spec units where the "affordable" rent standard exceeded what could be charged, based on the market. On that basis, staff has recommended (consistent with the Housing Element), that the Section 8 Standard be used so that the City will receive benefit from the imposition of the condition. Mr. Lenard explained that the Planning Commission could proceed with the staff recommendation so as to be consistent with the Housing Element; however, he suggested that the application be continued to a future Planning Commission meeting if it is the desire of the Planning Commission to modify the affordable housing condition so as to allow staff additional time for further review of the Housing Element, and preparation of additional findings. In response to a question posed by Chairman Pomeroy, Mr. Lenard explained that Phase One of Villa Point was approved prior to the adoption of the General Plan Housing Element currently in effect, and that the most recent amendments were partly in response to the Villa Point Phase I affordable requirements which had no effect on rents. Commissioner Di Sano indicated that the entire Villa Point project was not approved simultaneously because of the service station that was previously located at the subject site. In response to a question posed by Commissioner Pers6n with respect to the twenty year term of affordability, Mr. Lenard explained that the Housing Element requires a minimum term of twenty years. He indicated that the City Council has been placing a thirty year moratorium on high density projects that include a Density Bonus. -23- COMMISSIONERS • • MINUTES f oq s� March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX Robin Flory, Assistant City Attorney, addressed the new Government Code provisions of the Incentive Density Bonus that require the thirty year affordability. Mr. Dmohowski addressed Condition No. 15, the landscape plan for the corner of East Coast Highway and Jamboree Road. He explained that a view analysis evaluates the project with the proposed landscaped treatment. Mr. Dmohowski and Mr. McMahan presented an overlay of the project in conjunction with the proposed landscape plan, and the visual impact the landscaping would have from East Coast Highway. Mr. DmohowsM explained that the intent of the landscaping is to screen the profile of the project from the East Coast Highway and Jamboree Road intersection. In response to a question posed by Commissioner Pers6n regarding a modification to Condition No. 15, Mr. Dmohowski requested the provision of an adequate landscape plan be required prior to the issuance of the Building Permit. Mr. Dmohowski did not object to Condition No. 15 as submitted by staff, however, he said this theme landscape treatment exists on most of the corners in Newport Center and the theme treatment would be severely impacted by Mitigation Measure No. 15 and Condition No. 24 of the Tentative Map of Tract No. 14055. Mr. Dmohowski recommended a revision to Mitigation Measure No. 15 as follows: The landscape plan for the corner of East Coast Highway and Jamboree Road shall be designed in such a manner as to allow for public views through the area to the Dover Shores bluff faces.", and that Condition No. 24 be deleted. Mr. Dmohowski did not oppose a further review by the Planning Commission provided it would not delay the permit process. Commissioner Pers6n opposed The Irvine Company's revised Mitigation Measure No. 15 and deleted Condition No. 24 inasmuch as he said there is no density study for the proposed palm trees as the trees relate to the project, and it would be an opportunity for the applicant to review with staff the density as it relates to the entrances to Newport Center as the project progresses. Commissioner Merrill and Commissioner Pers6n discussed the view corridor as it relates to the proposed palm trees. -24- �L ' COMMISSIONERS • MINUTES March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX Chairman Pomeroy referred to Condition No. 24, Tentative Map of Tract No. 14055, and staffs request that the intersection be graded down from 81 to 85 feet. Don Webb, City Engineer, explained that staff has requested a flat plane so as to enhance the view corridor. In response to a question posed by Commissioner Merrill, Mr. Webb replied the former service station was not constructed over the sewer easement. Mr. McMahan demonstrated from the exhibit that the easement is located substantially behind the wall. In response to a question posed by Commissioner Merrill with respect to a review of the landscape plan, James Hewicker, Planning Director, explained that staff recommended mitigation measures and, conditions that reflect concerns previously expressed by the City Council regarding the location, height and landscape treatment of walls and the loss of public views. Commissioner Edwards supported revised Mitigation Measure No. 15 as suggested by Commissioner Pers6n so as to allow further review by the Planning Commission. Mr. Dmohowski requested that "No increase in grade elevation is allowed, and some reduction in grade elevation may be required to enhance views across the site", be deleted from Mitigation Measure No. 15 inasmuch as the mitigation measure and Tentative Map of Tract No. 14055, Condition No. 24 would be in conflict with a future decision made by the Planning Commission wherein it would necessitate a further amendment to the conditions of approval. Commissioner Merrill and Mr. McMahan discussed the visual impact of the proposed grading outside of the wall inasmuch as it elevates from 81 feet to 87 feet. Commissioner Glover expressed her concern that the developer should be aware of the public's interest in the development on the undeveloped site inasmuch as it could be considered an intrusion of the view plane. Mr. Dmohowski responded that the public view is minimal for the westbound driver on East Coast Highway, however, he indicated that the developer is attempting to preserve a view plane at the development site. -25- COMMISSIONERS • MINUTES March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Mr. Lenard addressed Coastal Residential Development Permit No. 17, Condition No. 2, wherein he indicated that the range in the Housing Element for the proposed development is from 15 percent to 25 percent at the "fair market rent". He explained that the Planning Commission would have a 15 percent to 25 percent latitude to be consistent with the Housing Element. He recommended that if the Planning Commission approved less than 15 percent of "fair market rent", that a finding be made stating it would not be economically feasible to provide more than 10 percent. Motion * Motion was made to approve Traffic Study No. 63, the acceptance of an Environmental Impact Report, Amendment No. 705 (Resolution No. 1220), Tentative Map of Tract No. 14055, and Coastal Residential Development Permit No. 17, subject to the findings and conditions in Exhibit "A", including revisions recommended by staff as indicated in the addendum to the staff report: Mitigation Measures No. 23, No. 36, No. 37, Tentative Map of Tract No. 14055 Condition No. 26; that Mitigation Measure No. 15 be modified to state "That the landscape plan for the corner of East Coast Highway and Jamboree Road shall be reviewed by the Planning Commission at a later date"; and Mitigation Measure No. 26 be corrected as previously stated. In response to a question posed by Chairman Pomeroy, Mr. Webb did not object to the applicant's request to delete Tentative Map of Tract No. 14055 Condition No. 24 as long as Mitigation Measure No. 15 remains inasmuch as the conditions are redundant. The maker of the motion agreed to delete Condition No. 24 stating "That the triangular area between the sewer easement and the East Coast Highway/Jamboree Road intersection be graded down to an elevation of 81 to 85 to provide a view corridor for westbound East Coast Highway traffic and that landscaping in this area be designed to provide a view corridor." Chairman Pomeroy concurred with Commissioner Glover's concerns with respect to the view impact from East Coast -26- COMMISSIONERS • MINUTES March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX Highway inasmuch as the intersection has high visibility. He expressed a desire to satisfy The Irvine Company as well as the residents of Newport Beach so as to provide public view preservation. In response to a question posed by Commissioner Merrill, the maker of the motion requested that the landscape plan be reviewed by the Planning Commission prior to the implementation of any landscaping. Discussion ensued between the Planning Commission and staff with respect to when the Planning Commission should consider reviewing the landscape Amended plan. Commissioner Merrill suggested a modification to Mitigation Measure No. 15 by deleting the reference to the grade elevation. Patricia Temple, Principal Planner, suggested that the mitigation measure be modified to state that one of the issues that would be addressed would be the grade elevations at the intersection, and that the Planning Commission review the landscape prior to the issuance of the Grading Permit. Ms. Temple addressed staffs request to revise the proposed Planned Community District Regulations and Development Plan with respect to private street setback; that no structures are permitted over the sewer line as requested by the County Sanitation District of Orange County; and a landscape condition that would be modified to reflect the mitigation measure. The maker of the motion agreed to include the foregoing changes in the motion. Mr. Dmohowski reappeared before the Planning Commission wherein he requested a flexibility of proceeding with the grading plan, recognizing the landscape treatment would be subject to review. Chairman Pomeroy concurred; however, he explained that if the grading plan would be required to be further modified that there would be an additional cost to the developer. Mr. Webb indicated that the cost incurred would be minimal inasmuch as the structures and roadways are set back if additional grading is required. Commissioner Merrill expressed his concerns with respect to the foregoing request. Commissioner Pers6n modified Mitigation Measure No. 15 stating that the Planning Commission review the landscape plan prior to the issuance of the Building Permit for the wall. -27- COMMISSIONERS • MINUTES March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX Motion was voted on to approve Traffic Study No. 63, the Environmental Impact Report, Amendment No. 705 (Resolution Ayes * * * * * * No. 1220), Tentative Map of Tract No. 14055, and Coastal Absent * Residential Development No. 17, including added and revised findings and conditions in Exhibit "A" as stated and the revisions to the proposed Planned Community District Regulations and Development Plan as suggested by staff. MOTION CARRIED. A Environmental Impact Report No. 146 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, and that the only remaining environmental effects are significant only on a cumulative basis. 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. -28- COMMISSIONERS • 0 MINUTES March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX 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. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the grading engineer. 5. 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. 6. Recommendations included in the Geotechnical Report 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. 7. The velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as a part of project design. 8. Prior to the issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in such a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This shall be reviewed and approved by the Building Department. -29- COMMISSIONERS • • MINUTES ,oA so.o �m aqr shy March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX 9. The development shall provide for vacuum sweeping of parking areas. 10. A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed materials. 11. Should fossils be discovered during grading operations, the landowner shall donate the fossils collected to a non-profit institution. 12. 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. 13. 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. 14. Landscaped areas shall be irrigated with a system designed to avoid surface run-off and over-watering. 15. The landscape plan for the comer of East Coast Highway and Jamboree Road shall be reviewed by the Planning Commission prior to the issuance of the Building Permit. That one of the issues to be addressed would be the grade elevations at the intersection. -30- COMMISSIONERS • • MINUTES pi�'i Sdq ' ��O,O� �^"'�r March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX 16. Development shall be in substantial conformance with the approved site plan, floor plans and elevations. 17. The project shall be designed so as to eliminate light and glare spillage onto adjacent properties. 18. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 19. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 20. 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. 21. 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. 22. The project shall provide for the reservation of right-of- way for the potential future grade separation of East Coast Highway and Jamboree Road as called out in the City's General Plan. 23. Construction activities will be conducted in accordance with Section 10.28.040 of the Newport Beach Municipal Code, which limits noisy construction activities. 24. 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 -31- COMMISSIONERS • MINUTES so 0 pPf oq� Foq� March 8, 1990 0� CITY OF NEWPORT BEACH ROLL CALL INDEX Building Department. 25. 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. 26. 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 East Coast Highway and Jamboree Road. 27. 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. 28. A dust control program in compliance with South Coast Air Quality Management District Rule 403 shall be -32- COMMISSIONERS MINUTES ���N �GduO d�� ' •po '�.� '��. March 8, 1990 W CITY OF NEWPORT BEACH ROLL CALL INDEX 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. 29. 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. 30. Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. 31. All onsite fire protection (hydrants and Fire Department connections) shall be approved by the Fire Department and Public Works Department. 32. The applicant shall install an Opticon device in the Back Bay Drive/Jamboree Road signal. 33. Final design of the project shall provide for the incorporation of water-saving devices for project lavatories and other water-using devices. This shall be verified by the Building Department prior to issuance of occupancy permits. 33. 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 of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities. 34. Prior to the occupancy of any building, the applicant shall provide written verification from the Orange County -33- COMMISSIONERS 10 . MINUTES �i� � �'ddY•dcn March 8, 1990 O� �N CITY OF NEWPORT BEACH ROLL CALL INDEX Sanitation District that adequate sewer capacity is available to serve the project. 35. Prior to the approval of the final tract map, the applicant shall consult with the City of Newport Beach Public Works Department and OCTD regarding the provision of a bus stop and related amenities (i.e., shelter, bench) along East Coast Highway adjacent to the project site, and shall install any facilities determined to be necessary by the City and OCTD. 36. The applicant shall contribute a fair share contribution to the schools, if required by the school district. 37. The project shall provide recycling bins in the trash disposal areas for the voluntary recycling of newspaper, aluminum and glass. The project shall also provide a mechanism for the collection and recycling of items disposed of in this manner. Subject to the approval of the Planning Department and General Services Department, this program may be substituted for one which accomplishes recycling without source point sorting. B. Traffic Study No. 63. Findin 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. -34- l . I COMMISSIONERS • MINUTES 1 't'N � `� � March 8, 1990 i CITY OF NEWPORT BEACH ROLL CALL INDEX C. Amendment No. 705, Adopt Resolution No. 1220, recommending adoption of Amendment No. 705 to the City Council. D. Tentative Map of Tract No, 14055, Findings: 1. That the design of the subdivision 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. 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. 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 dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the on-site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. -35- ` COMMISSIONERS • MINUTES `a � tS d,O March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL lNOEX 6. That the design of the private streets and drives conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department. The private street clear width from Back Bay Drive to the Parking Court shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. That the private street be widened at the southwesterly comer of the development to provide adequate turning movement for trucks and that the curb return at that location have a minimum 25' radius. 7. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty- four inches in height. The sight distance requirement may be modified at non-critical locations, subject to approval of the Traffic Engineer. 8. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 9. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 10. That easements for public emergency and "security ingress, egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map. 11. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure -36- s COMMISSIONERS • MINUTES March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL lN!)EX parking plan for workers must be submitted and approved by the Public Works Department. 19. That the trash enclosures be located so that they do not restrict vehicular sight distance. 20. That sidewalk connections be made between Back Bay Drive and East Coast Highway and between the Jamboree Road/Coast Highway intersection and the westerly corner of the tract improvements. 21. That the footings on the proposed structures adjacent to the existing County Sanitation Sewer Main be deepened so that excavation of the existing sewer main using a one to one (1:1) slope from bottom of existing sewer will not under-cut the footings of the proposed structures. 22. That no mounding or fills be placed over the Sanitation District Sewer Easement and that the landscaping plan in the sewer easement area be approved by the Orange County Sanitation District with no trees or plants larger then 6 feet in height at full growth. 23. That an irrevocable offer to dedicate street right-of-way for a future grade separation at Jamboree Road and East Coast Highway be offered and shown on the tract map. The area is as generally shown on the tentative map; the final configuration is to be approved by the Public Works Department. 24. Deleted. 25. A traffic control plan shall be prepared showing all signs and markings including fire lanes. 26. The project shall pay in-lieu park fees pursuant to Chapter 19.50 of the Newport Beach Municipal Code. This fee can be satisfied through the use of existing park dedication credits generated by the dedication of the Mouth of Big Canyon and Bonita Creek Park. -38- ' `COMMISSIONERS • MINUTES O �' �OYY•�cn`Y March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX locations, with width to be approved by the Public Works Department. 12. That all vehicular access rights to East Coast Highway and Jamboree Road be released and relinquished to the City of Newport Beach. 13. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 14. 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 issuing any grading or building permits or 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. 15. That County Sanitation District fees be paid prior to issuance of any building permits. 16. That the Public Works Department plan check and inspection fee be paid. 17. That any Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L. 18. 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 stored within the East Coast Highway or Jamboree Road right-of-way. Prior to issuance of any Grading Permits, a -37- COMMISSIONERS • MINUTES �° � so.o �,�,�� o``�� �� March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL 111 Jill I INDEX E. Coastal Residential Development Permit No. 17, Finding: 1. That the proposed development has met the requirements of Chapter 20.69 of the Newport Beach Municipal Code. 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 eighteen affordable dwelling units on-site or off-site within the City, subject to the mutual agreement of the City and The Irvine Company. The affordable housing agreement shall be recorded as a 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 (using Health and Safety Code Section 50093 income standards) at Section 8 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. Preference shall be given to Section 8 certificate or voucher holders. 3. The term of affordability shall be twenty 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. -39- • Planning Commission Meting March �2. 1990 Agenda Item No. 6 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Villa Point Phase II - Supplemental Report Staff has further reviewed the suggested conditions for approval of the Villa Point Phase II project, and proposes the following revisions: EIR Mitigation Measures: 23. Construction activities will be conducted in accordance with Se—MOW 10' p4il v£ the Newport Beach Municipal Code, which limits �&ct ii�©n a4�LVi'#it§tl the , 06 �. 36. The applicant shall contribute a fair share contribution to the re-opening—of schools, if required by the school district. 37. The project shall provide recycling bins in the trash disposal areas for the voluntary recycling of newspaper, aluminum and glass. The project shall also provide a mechanism for the collection and recycling of items disposed in this manner. iifi� tie'appri��%ai txfh "' garaex aicleea _. ., rtzc Li� artnY� ?5 prpgrsmnay. ebstti .ftr Ee.}YSc , ccQgis c i g x?itlio t sflurc ,paint softin Tentative Tract Map Conditions: <..��. . �h icipai Cade. 'Phis £�� cep be s�t��s �d:thrtrxtgh ti3e ns�,of� st"t Bari i�edzcakipxt cr�ditts g�exat�d, � �de�ca���„�f�e Mau ,csf �. r„�,ntt a� PLANNING DEPARTMENT JAMES D. HEWICKER, Director BY �Ak Patricia L. Temple PLT Principal Planner PC\A705.SR2 • Planning Commission eeting March 8. 1990 Agenda Item No. 6 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A. Traffic Study No. 63 (Public Hearing) Request to approve a Traffic Study so as to permit the construction of 90 additional dwelling units on property located in Area 2 of the Villa Point Planned Community; and the acceptance of an Environmental Impact Report. AND B. Amendment No. 705 (Public Hearing) (Noticed as Amendment No. 698) Request to amend the Villa Point Planned Community Development Plan so as to reclassify the subject property from "Office/Visitor Serving Commercial" to "Multi-Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2. AND C. Tentative Map of Tract No. 14055 (Public Hearing) Request to subdivide two existing parcels of land containing 9.3± acres, into a single lot for a 90 unit residential condominium development; and AND D. Coastal Residential Development Permit No. 17 (Discussion) Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone in conjunction with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. LOCATION: Portions of Blocks 94 and 55, Irvine's Subdivision and Parcel 1 of Parcel Map 12-21 (Resubdivision No. 242), located at 1100 East TO: Planning Commission - 2. Coast Highway, on the northeasterly comer of East Coast Highway and Jamboree Road, in the Villa Point Planned Community. ZONE: P-C APPLICANT: Regis Contractors, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams/Streeter, Irvine Applications If approved, the applications described above will allow the construction of 90 apartment units which will be Phase II of the Villa Point project currently under construction. The proposed site plan shows the units to be provided in 10 separate structures, with additional parking facilities and a pool/cabana area. The Newport Beach Municipal Code and the City Council Policy Manual contain review procedures for these applications, as follows: Environmental Impact Reports in City Council Policy K-3, Traffic Studies in Chapter 15.40 and City Council Policy S-1, Amendment to an established' Planned Community Development Plan in Chapter 20.51, Tentative Tract Maps in Chapter 19.12 and Coastal Residential Development Permits in Chapter 20.69. 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 Geology and Soils, Water Resources and Water Quality, Landform Alteration and Visual Impacts, Traffic and Circulation, Noise, Air Quality, Cultural Resources and Cumulative Land Use Impacts. 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. The construction of the Villa Point Phase II Project will, however, result in cumulatively significant impacts in the areas of Water Quality, Traffic, Noise, Energy and Public Services and Utilities. Conformance with the General Plan and the Local Coastal Program, Land Use Plan The Land Use Element of the General Plan and, the Local Coastal Program, Land Use Plan designate the site for Multi-Family Residential land use, with a density of 228 dwelling units. The first phase of Villa Point contains 138 dwelling units. The General Plan allocation will, therefore, allow an additional 90 units, which is proposed by this project. The Multi-Family Residential designation allows for the construction of multiple dwelling units on a single subdivided lot, and allows either single ownership or TO: PlaOng Commission - 3. • condominium development. The proposal is consistent with the General Plan and the Local Coastal Program, Land Use Plan. Subject Proper and Surrounding Land Use The site proposed for development is currently vacant. A portion of the site on the corner of East Coast Highway and Jamboree Road was previously occupied by a gasoline service station. To the north of the project is the Sea Island condominium development. Northeast of the site is the Newport Beach Country Club. To the east of the site is Villa Point Phase I, and beyond that is Amling's Nursery. To the south of the site, across East Coast Highway, is the single family area of Irvine Terrace. To the west, across the intersection of East Coast Highway and Jamboree Road, is the Promontory Point Apartment project. To the west and northwest, across Jamboree Road, is vacant land which is designated in the General Plan for open space and retail land uses, the Newport Dunes recreational area and the Newporter Resort hotel development. Analysis As previously discussed, this project is a 90 unit expansion of the Villa Point apartment project currently under construction on East Coast Highway easterly of Jamboree Road. The project includes ten structures for residential occupancy, plus other structures for parking and recreational uses. Six different floor plans are proposed, 34 of which are one bedroom units and 56 of which are two bedroom units. Parking for two of the floor plans is provided in attached garages. The balance of the parking for the project is in open parking or carports. 2.14 parking spaces are provided for each dwelling unit. Ingress and egress for the development will be via Back Bay Drive, through a signalized intersection at Jamboree Road. Emergency access is provided to the east through Villa Point Phase I and the Amling's Nursery property. This project will be served by the existing Phase I leasing office. Statistical Summary. The development standards are governed by the Villa Point Planned Community District Regulations and Development Plan. The development standards originally established for Phase I will now be applied to Phase II. A comparison of the project profile to these development standards is presented below: STATISTICAL SUMMARY Standard Allowed/Required Prouosed Dwelling Units 90 90 Residential Parking 180 spaces 193 spaces Covered parking 90 spaces 91 spaces Building Height 32 feet 32 feet MAX. Setbacks: East Coast Highway 20 feet 25 feet Jamboree Road 20 feet 70 feet Back Bay Drive 15 feet 10 feet M _ TO: Planning Commission - 4. Traffic Study No. 63 A traffic study has been prepared for the proposed project in conformance with the City s Traffic Phasing Ordinance and Council Policy S-1. The proposed project is expected to be completed in 1990. Analyses were, therefore, completed for 1991. The City Traffic Engineer identified thirteen (13) 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 2V2 hour volume in either the morning or afternoon, Intersection Capaciy Utilization (ICU) is required. The 1% volume analysis identified one (1) intersection where traffic exceeded the one percent criteria, in the afternoon peak hour. The following chart summarizes the results of the Intersection Capacity Utilization analysis for the project. ICU SUMMARY - 1991 Existing 91 Existing 91 +Committed PEAK Existing +Committed +Growth Intersection HOUR (1989) +Growth +Project Jamboree Road/ PM 0.55 0.70 0.70 Santa Barbara Drive 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, the intersection affected .by the project operates at an acceptable level. The project meets the criteria of the Traffic Phasing Ordinance. Amendment No. 705 An amendment to the Villa Point Planned Community District Regulations and Development Plan is proposed in conjunction with this project. The amendment is necessary in order to change the land uses allowed in Area 2 from Office/Visitor Serving Commercial to Multiple Family Residential and to establish the density limit of 90 units. This amendment is an implementation of the General Plan, and staff has no objections to the request. A number of other amendments are also proposed which are minor in nature, but serve to specifically describe the actual development standards applied to the property. TO: Pl•g Commission - 5. • 1. The ability to utilize park dedication credits from the Mouth of Big Canyon and North Ford is referenced In accepting dedication of the Mouth of Big Canyon ' from The Irvine Company, the City and the Company entered into a Dedication and Park Credit Agreement establishing 5 acres of park dedication credit for the dedication of ±40 acres. Residential sites in Big Canyon and Newport Center were specifically identified as eligible to utilize these credits. The Irvine Company has used 2.67 acres of this credit for the Big Canyon area 10, Big Canyon area 16 and Villa Point Phase I. 2.33 acres of park dedication credit from the Mouth of Big Canyon remain. Additionally, 2 acres of park credit exist from the dedication of Bonita Creek Park. This project generates a requirement of 1 acre. Staff has no objection to the use of park dedication credit to satisfy the requirements of this project. 2. A statement regarding internal bicycle and pedestrian travel has been removed There was a reference in the original P-C Text to residential area being designed to encourage bicycle and pedestrian travel. It is the opinion of staff that internal requirements of this nature are not necessary, so long as pedestrian and bicycle access to the arterial roadways is provided. Provision of this access is discussed in the section on the tentative tract map. 3. The definition of buildable acreage has been removed. The concept of buildable acreage was removed from the General Plan in the comprehensive General Plan update. The deletion of the definition is consistent with the General Plan, and staff has no objections to the request. 4. Temporary gasoline monitoring and recovery equipment is allowed as a permitted use, and is allowed in a setback area. The Santa Ana Regional Water Quality Control Board has required the former service station site to be monitored for a period of two years. If gasoline is detected at any time, removal will be required. The monitoring facility is located inside the project fence, and will not be visible outside the project. Staff has no objections to location for the monitoring system, nor to the temporary siting of gasoline recovery facilities in a setback if it is required. 5. Regulations pertaining to detached garage or carport structures on non-street property lines have been eliminated. The project has no internal property lines so this regulation has no meaning to the proposed project. Staff has no objection to the elimination of the language. 6. The parking requirement has been increased to two (2) parking spaces per dwelling unit. A detailed parking survey of large apartment projects was conducted for the original adoption of the Villa Point Planned Community. A chart describing the parking demand is on the following page. Based on these results, the City adopted a sliding parking requirement of 1.5 spaces per one bedroom, unit, 1.75 spaces per'two bedroom unit and 2.0 spaces per three bedroom unit. In their review of the Phase I project, the California Coastal Commission required that parking be provided at a rate on 2.14 spaces per unit. It is the opinion of staff that the proposed parking requirement of two spaces per dwelling unit is adequate APARTMENT PARKING SURVEY SUMMARY y 0 Villa Point II Vehicles Parked Parked Vehicles -Location Date Du Time If_Zdl 11�1 T95d PerD.[Z. .d Promontory Point 8/13 Saturday 8:30 PM 554 5 559 1.08 (520 D.U.) 8/14 Sunday 6:30 AM 626 6 632 1.22 8/16 Tuesday 8:15 PM 542 5 547 1.05 0° 8/17 Wednesday 6:00 AM 610 3 613 1.18 0 Baywood 8/13 Saturday 8:55 PM 346 16 362 1.13 (320 D.U) 8/14 Sunday 6:50 AM 420 21 441 1.38 p' 8/16 Tuesday 8:45 PM 321 8 329 1.03 , 8/17 Wednesday 6:25 AM 395 13 408 1.28 c% Mule Rock 8/13 Saturday 9:15 PM 293 6 299 1.19 (252D.U.) 8/14 Sunday 7:20AM 320 5 325 129 8/16 Tuesday 9:05 PM 294 3 297 1.18 8/17 Wednesday 6:45 AM 335 5 340 1.35 TO: Piling Commission - 7. • for this project. The previous parking study clearly showed that larger apartment projects require less parking than that required by the City generally in Multi- Family Residential areas (2.5). Staff has no objections to the proposed standard. 7. Regulations regarding fence heights have been revised Provisions regarding view site setbacks have been eliminated. These are not necessary since no views are available through the site. Staff has no objections to this request. In addition to these changes proposed by the applicant, staff has some specific concerns and suggestions for revisions to the proposed Planned Community District Regulations and Development Plan. Setbacks. The P-C Text calls out a 15 foot setback from Back Bay Drive, a private street. Another section of the text calls out a five foot setback from private streets. The site plan shows a 10 foot setback from back of sidewalk on Back Bay Drive. Staff has reviewed the site plan and has no problem with the 10 foot setback on Back Bay Drive. We would, therefore, suggest that the defined setback on Back Bay Drive be established at 10 feet, and that the statement regarding "Streets - Dedicated and Private" be amended to read as follows: "...In the case of Vrivate or non-dedicated streetsp Sept.Ba6k'Bay.Driv� a minimum setback from said streets of five (5) feet shall be required for all structures..." Sewer Easement Setback. The County Sanitation Districts of Orange County has a sewer line easement crossing the property near the comer of East Coast highway and Jamboree Road. In a letter dated February 27, 1990 (attached), the Districts requested that no permanent structures be allowed over the sewer line, or within fifteen (15) feet of either side of the sewer line. Additionally, they request that no mounding or fill be permitted on the sewer line, nor the planting of any tree or bush larger than six (6) feet in height at full growth. Staff has no objections to the request of the Sanitation Districts, although it should be noted that this requirement would significantly impact the proposed landscaping plan for this corner of the project. The landscape plan in this area is discussed in greater detail later in this report. Should the Planning Commission desire to add the Districts' request to the P-C Text, an additional General Note should be added as follows: 16. No permanent structures are permitted over the sewer line of the County Sanitation Districts of Orange County, nor within fifteen (15) feet of either side of this line. No mounding or fill is permitted over this sewer line setback area, and no tree or bush larger than six (6) feet in height at full growth is allowed in this area." Landscape Plan. The proposed landscape plan includes the edge tr eatment of areas P P P P along Jamboree Road and East Coast Highway. The landscape plan for this area has been revised from the original submittal to slightly relocated the project fence, to remove the sports court, and to show the landscaping for the corner. A copy of the revised comer treatment is attached to this report. TO: P1Wng Commission - 8. • The primary feature of the revised landscape plan is the placement of a dense stand of palm trees mixed with aleppo pines in a significant portion of the comer setback area. This area is very large due to the combined requirements to setback from the sewer line and to provide roadway reservation for the potential grade separation at Jamboree Road and East Coast Highway. The plan also shows mounding in this area. The plan proposed reduces the potential for public views from East Coast Highway across this corner of the site to the cliff surrounding Upper Newport Bay, and on clear days, to a panorama which includes the distant mountains. It is the position of staff that the landscape design for this comer of the project be revised to address the combined concerns of the County Sanitation Districts and the potential for enhanced public views. This could be achieved through an elimination of the mounding at the comer, and a change in the landscaping concept away from the dense stand of palm trees to a use of more low growing shrubbery and ground cover, with screening bushes at the fence line. Additionally, some existing berms should be re- graded to lower the elevation of parts of the area. In this concept, a limited number of trees could be allowed to provide interest to the landscape without totally obscuring the views through to the Dover Shores bluff faces. Should the Planning Commission desire to implement this proposal, the following language should be added to General Note No. 7 in the P-C Text, as follows: 117. Undscanin¢ All landscaping shall be installed in accordance with landscape plans, subject ,to the review d .thew;P4rks�;Bo4cbes 4 . 'Rr~crea-ftoak Departmenf, and a proval of the Planning Department and 'gb1f 1F1Voxlas lepaitmen " , "Th Jandscapft at the care r' of" fast"coast Ntgli"sirayaad`Tid6oree toad shall he designed 'in such a roamer as to allow for public ews through the area to the!)Over Shores bluff paces, No increaso it grade elevation is allowed, Additionally, some re�guadingw xisng.berrns to dower the elevatzQar may,lie,xecred Project 'Elevation and Visual Prominence. In addition to landscaping, the elevation of the project as related to adjacent development has been identified as an issue. The pad elevation of this project is 85 feet. It is at a similar elevation to the Villa Point Phase I project. The other adjacent project, Sea Island, was developed under a different design concept which included the tiering of the residential pads up from Jamboree Road. As a result, the residential units immediately adjacent to the project, across Back Bay Drive, are at elevations ranging from 54 feet to 68 feet. It is important to note, however, that the lowest tier of Sea Island is immediately adjacent to Jamboree Road. The right-of-way reservations associated with this project require significantly greater setbacks than that required of Sea Island. The second tier of homes in Sea Island range in elevation from 62 to 104 feet, and the third tier is from 74 to 116 feet. It is the opinion of staff that the project will be visually prominent, but no more so than the adjacent developments. TO: Planning Commission - 9. Tentative Map of Tract No. 14055 The project includes a request to subdivide 2 existing parcels of land containing ±9.3 acres into a single lot for a 90 unit residential condominium development. Although a condominium map is proposed, the property owner intends the occupancy of the project to be as apartments. An issue which has been identified is the provision of pedestrian access from the project to the arterial highway system. The project is located in close proximity to the recreational resources of Upper Newport Bay across Jamboree Road, and Balboa Island and Lower Newport Bay across Coast Highway. It is the opinion of Planning and Public Works Department staff that walkway connections should be placed between Back Bay Drive and East Coast Highway and between the westerly project comer and the intersection of East Coast Highway and Jamboree Road to facilitate this pedestrian movement. A condition of approval requiring these connections is included in those suggested for the tentative tract map. Public Works and Planning Department staff have reviewed the proposed subdivision, and have no objections to the request. Coastal Residential Development Permit No. 17 The proposed development is in the Coastal Zone and contains 10 or more dwelling units. The project must, therefore, comply with the provisions of Chapter 20.69 of the Newport Beach Municipal Code, 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 18 units (20%) off-site for affordable housing in the Baywood apartment project. The project is, therefore, in compliance with Chapter 20.69. The conditions of approval have been worded to address the provision of affordable units either on or off site, subject to the mutual agreement of the City and The Irvine Company. The term of affordability will be for 20 years, preference will be given to Section 8 voucher holders, income levels shall be established using the Section 50093 standards (Health and Safety Code) and rents shall be as defined by Section 8 Fair Market Rents. Specific Findings and Conclusion Chapter 15.40 of the Newport Beach Municipal Code sets forth specific findings which must be made in order to approve a Traffic Study. Section 19.12.020(D) provides that the Commission shall make specific. findings in order to approve a tentative tract map. Requirements for the approval of a Coastal Residential Development Permit are in Chapter 20.69. It is the opinion of staff'that the project meets all the specified criteria for approval of this project. While no specific findings are set forth in the Code for the approval of an amendment to Planned Community District Regulations and Development Plans, it is the opinion of staff that the proposed changes are consistent with the General Plan, and the TO: Pltng Commission - 10. • ' additional changes requested by staff will address identified concerns of the surrounding community. 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. BEWICKER, Director By !a Patricia L. Temple Principal Planner Attachments: 1. Exhibit "A" 2. Draft Resolution - Planned Community Text Amendment 3. Exhibit "B" 4. Vicinity Map 5. Letter from County Sanitation Districts 6. Revised landscape plan exhibit 7. Draft Environmental Impact Report 8. Draft Planned Community District Regulations 9. Plot Plan, Floor Plans and, Elevations 10. Tentative Tract Map PLT PC\A705.SR1 TO: Planning Commission - 11 • EXHIBIT "A" FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL IMPACT REPORT NO. 146 TRAFFIC STUDY NO. 63 AMENDMENT NO. 705 TENTATIVE MAP OF TRACT NO. 14055 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 17 A. Environmental Impact Report No. 146 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. 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, and that the only remaining environmental effects are significant only on a cumulative basis. 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. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the grading engineer. 0 ` TO: Planning Commission - 12 5. 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. 6. Recommendations included in the Geotechnical Report 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. 7. The velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as a part of project design. 8. Prior to the issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in such a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This shall be reviewed and approved by the Building Department. 9. The development shall provide for vacuum sweeping of parking areas. 10. A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area - to allow for salvage of exposed materials. 11. Should fossils be discovered during grading operations, the landowner shall donate the fossils collected to a non-profit institution. 12. 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. 13. 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. 14. Landscaped areas shall be irrigated with a system designed to avoid surface run- off and over-watering. • TO: Plating Commission - 13 • 15. The landscape plan for the corner of East Coast Highway and Jamboree Road shall be designed in such a manner as to allow for public views through the area to the Dover Shores bluff faces. No increase in grade elevation is allowed, and some reduction in grade elevation may be required to enhance views across the site. 16. Development shall be in substantial conformance with the approved site plan, floor plans and elevations. 17. The project shall be designed so as to eliminate light and glare spillage onto adjacent properties. 18. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 19. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 20. 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. 21. 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. 22. The project shall provide for the reservation of right-of-way for the potential future grade separation of East Coast Highway and Jamboree Road as called out in the City's General Plan. 23. 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. 24. 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. 25. All exterior living areas (e.g. balconies and patios) which He 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 TO: Planning Commission - 14 of these materials. Wood and other materials may be used if specifically designed as noise barriers. 26. 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. 27. 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. 28. 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. 29. 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. 30. Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. 31. All onsite fire protection (hydrants and Fire Department connections) shall be approved by the Fire Department and Public Works Department. 32. The applicant shall install an Opticon device in the Back Bay Drive/Jamboree Road 'signal. 33. Final design of the project shall provide for the incorporation of water-saving devices for project lavatories and other water-using devices. This shall be verified by the Building Department prior to issuance of occupancy permits. TO: PlIng Commission - 15 • 33. 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 of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities. 34. Prior to the occupancy of any building, the applicant shall provide written verification from the Orange County Sanitation District that adequate sewer capacity is available to serve the project. 35. Prior to the approval of the final tract map, the applicant shall consult with the City of Newport Beach Public Works Department and OCTD regarding the provision of a bus stop and related amenities (i.e., shelter, bench) along East Coast Highway adjacent to the project site, and shall install any facilities determined to be necessary by the City and OCTD. 36. The applicant shall contribute a fair share contribution to the re-opening of schools, if required by the school district. 37. The project shall provide recycling bins in the trash disposal areas for the voluntary recycling of newspaper, aluminum and glass. The project shall also provide a mechanism for the collection and recycling of items disposed of in this manner. B. Traffic Study No. 63. Findings: 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. C. Amendment No. 705. Adopt Resolution No. , recommending adoption of Amendment No. 705 to the City Council. D. Tentative Mau of Tract No. 14055. Findings: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. i TO: Plt =g Commission - 16 • 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. 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. 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 !i desired to record a tract map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department, 5. That the on-site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the design of the private streets and drives conform with the City's Private Street Policy (LA), except as approved by the Public Works Department. The private street clear width from Back Bay Drive to the Parking Court shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. That the private street be widened at the southwesterly corner of the development to provide adequate turning movement for trucks and that the curb return at that location have a minimum 25' radius. 7. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non-critical locations, subject to approval of the Traffic Engineer. 8. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 9. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. TO: Planning Commission - 17 • 10. That easements for public emergency and security ingress, egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map. 11. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 12. That all vehicular access rights to East Coast Highway and Jamboree Road be released and relinquished to the City of Newport Beach. 13. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 14. 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 issuing any grading or building permits or 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. 15. That County Sanitation District fees be paid prior to issuance of any building permits. 16. That the Public Works Department plan check and inspection fee be paid. 17. That any Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L. 18. 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 stored within the East Coast Highway or Jamboree Road right-of-way. Prior to issuance of any Grading Permits, a parking plan for workers must be submitted and approved by the Public Works Department. 19. That the trash enclosures be located so that they do not restrict vehicular sight distance. 20. That sidewalk connections be made between Back Bay Drive and East Coast Highway and between the Jamboree Road/Coast Highway intersection and the westerly corner of the tract improvements. TO: PlIning Commission - 18 0 ` 21. That the footings on the proposed structures adjacent to the existing County Sanitation Sewer Main be deepened so that excavation of the existing sewer main using a one to one (1:1) slope from bottom of existing sewer will not under-cut the footings of the proposed structures. 22. That no mounding or fills be placed over the Sanitation District Sewer Easement and that the landscaping plan in the sewer easement area be approved by the Orange County Sanitation District with no trees or plants larger then 6 feet in height at full growth. 23. That an irrevocable offer to dedicate street right-of-way for a future grade separation at Jamboree Road and East Coast Highway be offered and shown on the tract map. The area is as generally shown on the tentative map; the final configuration is to be approved by the Public Works Department. 24. That the triangular area between the sewer easement and the East Coast Highway/Jamboree Road intersection be graded down to an elevation of 81 to 85 to provide a view corridor for west bound Coast Highway traffic and that landscaping in this area be designed to provide a view corridor. 25. A traffic control plan shall be prepared showing all signs and markings including fire lanes. E. Coastal Residential Development Permit No. 17, Fin in 1. That the proposed development has met the requirements of Chapter 20.69 of the Newport Beach Municipal Code. 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 eighteen affordable dwelling units on-site or off-site within the City, subject to the mutual agreement of the City and The Irvine Company. The affordable housing agreement shall be recorded as a 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 (using Health and Safety Code Section 50093 income standards) at Section 8 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. Preference shall be given to Section 8 certificate or voucher holders. 3. The term of affordability shall be twenty years. • TO: Ploning Commission - 19 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. C TO: • Planning Commission - 20 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMEND- MENT TO THE VILLA POINT PLANNED COMMUNITY DISTRICT REGULATIONS (PLANNING COMMISSION AMENDMENT NO. 705) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and WHEREAS, an amendment to the Villa Point Planned Community is necessary in order to maintain consistency between the Newport Beach General Plan and the Zoning Ordinance; and WHEREAS, the City of Newport Beach prepared an Environmental Impact Report for the project in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines; and WHEREAS, the Planning Commission has reviewed and considered the .information contained in the environmental document in making Its decision on the proposed amendment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend to the City Council an amend- ment to the Villa Point Planned Community designated as Planning Commission Amendment No. 705 as shown on Exhibit 1 attaghed. ADOPTED this _day of March , 1990, by the following vote, to wit: AYES NOES ABSENT BY CH IRMAN W. Pomeroy, BY Jamce Debay, PLT SECRETARY PC\A705RS1 TO: Plating Commission - 21 • EXHIBIT "B" FINDINGS FOR DENIAL ENVIRONMENTAL IMPACT REPORT NO. 146 TRAFFIC STUDY NO. 63 AMENDMENT NO. 705 TENTATIVE MAP OF TRACT NO. 14055 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 17 A Environmental Impact Report No. 146, Fin in 1. That an environmental document is not needed for a project which is denied. B. Traffic Study No. 63. Fin in 1. That a Traffic Study is not needed for a project which is denied. C. Amendment No. 705. Fin in 1. That the project design will result in undesirable and abrupt scale relationships in the area, particularly on Jamboree Road where the first tier of the Sea Island project is significantly lower in elevation to the proposed project. 2. That the proposed landscape plan will result in the obstruction of public views from East Coast Highway across the subject site. D. Tentative Map of Tract No. 14055. Fin in 1. That the site is not appropriate for the density which is being proposed. 2. That the design of the project has problems from a planning standpoint in the areas of landscaping and scale to the surrounding development. E. Coastal Residential Development Permit No. 17. Fin in 1. That a Coastal Residential Development Permit is not needed for a project which is denied. PC\A705.EXB TO: ring Commission - 22 • VICINITY 'MAP ENVIRONMENTAL IMPACT REPORT NO. 146 TRAFFIC STUDY NO. 63 AMENDMENT NO. 705 TENTATIVE MAP OF TRACT NO. 14055 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 17 .�. .��� o, ' •�.' .; _ 2 'TN High � ♦ �Jh' _ 1J' .r q. I 1 �tiF. � SITE ✓�I� �' v' �l by i� EA I! lll[7\ S :��ti�'�({(ld. '� /'.PKJ��•' — • \ � �Of110�Ur• —� `\ I J� Tom. rc. \ i:•___ "— 8]. ,,.,.a Nw�� * levinet•Go`r Hartwr Intl � �\' rr �� \: -�� Ca"l!Y.Ci nn 134 i°uthe -jp^ , say ix• �f IR `: T Pp�� J���Cy?"rnt i.?fl�cq. "� ! ` I J�'y�\\\ � l --• • I t ' 6. +, j'YL'e-LILT l r 'dItTO' o/�`� ,.r]. vo bO'+• � .n � ' �1. ^" "'.1°"° COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA ti A.O. BOX 8127,FOUNTAIN VALLEY,CALIFORNIA 82728.8127 10844 ELLI3,FOUNTAIN VALLEY,CALIFORNIA 92708.7018 e (714) H2-2411 February 27, 1990 Mr. Don Webb City Engineer City of Newport Beach 3300 Newport Boulevard post Office Box 1768 Newport Beach, CA 92659-.1768 Dear Dons Subject: Tentative Tract No. 14055 Villa point Apartments In response to inquiries from your department concerning the pending approval of Tentative Tract NO. 14055, the Sanitation District requests that you condition this tract to not allow construction of permanent structures over the sewer line or within 15 feet of either side of the line. In addition, we request that no mounding or fills be permitted on the sewer line, nor the planting of any tree or bush larger than 6 feet in height at full growth. Thank you for the' opportunity to comment on the Villa Point Apartment project. ve truly rs, "vN omae M. Dawes Director of Engineering TMD:jt VIA FAX it �-J s IF 1 4y t�w"C �i pt f } 1 '° 4g n tt- •-�'� ti'h'• - ii y 33 ewo � E` C s� '�.fca•�p � O I� r —_�:�Y a ��- 04 L Ilk SEA ISUND ykkkkk CONCEPTUAL LANDSCAPE PUN SITE ' al COVILLA POINT kkkkk�k,kkk PHASE r