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HomeMy WebLinkAbout1 FORD RD PACIFIC BAY*NEW FILE* I Ford Pacific Bay Mestre Greve Associates July 1, 1997 Report # 97-133.A Mr. Mark Lamkin Pacific Bay Homes 4041 MacArthur Boulevard Suite 500 Newport Beach, CA 92660 Subject: Air Conditioner Noise Impacts for Pacific Bay Development. 40x90 Lot Product -Balboa at One Ford Road Dear Mark, This letter addresses the potential noise impacts from the air conditioner, Carrier 5-ton HDC Unit, on the adjacent residences. The ARI Standard 275-84 methodology will be used to determine the potential air conditioner noise levels at the adjacent residences. Noise impacts on adjacent residences will then be compared to the City of Newport Beach Noise Ordinance. . The noise ordinance standards specified for new HVAC equipment are as follow: New permits for heating, venting and air conditioning (HVAC) equipment in or adjacent to residential areas shall be issued only where installations -can be shown by computation, based on sound rating of the proposed equipment not to exceed the nighttime outdoor noise standard of 50 dBA between the hours of 7 a.m. and 10 .p.m., or not to exceed 55 dBA and be installed with a timing device that will deactivate the equipment during the hours of 10:00 p.m. to 7:00 a.m. (In the event that the HVAC equipment cannot meet the requirements set forth above, than the exterior noise limit for such equipment may be raised to 65 dBA provided that the applicant obtains the written consent of all the owners of the affected properties.) Also, the indoor noise standards are not to exceed 40 dBA for the nighttime period, and 45 dBA for the daytime period. The method of computation used shall be that specified in "Standard Application of Sound Rated Outdoor Unitary Equipment," Standard 275, Air-conditioning and Refrigeration Institute,1984 or latest revision thereof. The air conditioner Carrier 5-ton HDC Unit, which has noise ranging between 6.8 and 7.2 Bels, was used in the noise analysis. One or two air conditioner units are proposed on each lot depending on the building plans. If two air conditioner units are proposed, the units are to be located adjacent to each other and in the side yards next to the garages of the lots, with the fan noise sources facing the buildings; in contrast, the proposed patio/rearyard areas are located on 280 Newport Center Drive, Suite 230 • Newport Beach, CA 92660 • (714) 760.0891 • Fax (714) 760-1928 the opposite end of the buildings. A sample layout of the proposed lots is shown in Exhibit 1. In some cases, wood fences which separate the property lines are proposed between the two lots; however, no air conditioner units are located on these sides of the lots. In all other cases, the air conditioner units are located on the side of the garages where the nearest properties are the adjacent buildings because of the joined easement between the adjacent lots. For these situations, the air conditioner noise will need to meet the indoor noise standards at the adjacent living units. The noise analysis will be based on the worst case scenario. The worst case scenario is when two air conditioner units are in operation simultaneously. The air conditioning units need to meet the indoor noise standards of 40 dBA for the nighttime, and 45 dBA for the daytime at the adjacent living units. The nearest distance from the air conditioner units to the adjacent window are estimated to be approximately 14 feet. Based on this distance, the noise calculations were done at the nearest adjacent living unit, assuming the windows have single glazing and are closed. The results show that the air conditioner noise levels are projected to be below the indoor standards by approximately 2.3 dBA for the nighttime noise standard of 40 dBA, and 7.3 dBA for the daytime standard of 45 dBA. Therefore, the air conditioner units in the project are projected to meet the daytime and nighttime indoor noise standards at the adjacent residences, without any mitigation measures necessary, assuming windows are closed. The air conditioning units also need to meet the outdoor noise standards of 50 dBA for the nighttime, and 55 dBA for the daytime at the adjacent property. It is estimated that the nearest distance from the air conditioner units to the adjacent patio/rear yard are approximately 50 feet. Based on this distance, the results show that the air conditioner noise levels in the project will comply with the outdoor noise standards at the nearest adjacent patio/rear yard areas. The air conditioner noise levels are projected to be below the outdoor standards by approximately 1.1 dBA for the nighttime noise standard of 50 dBA, and 6.1 dBA for the daytime standard of 55 dBA. Therefore, no mitigation measures are recommended. The calculation data is shown in the attached sheets to this letter. If you have any comments or questions, please do not hesitate to call myself or Tanya Moon. Sincerely, Mestre Greve Associates `t Fred Greve, P.E. Principal AIR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment PROJECT: Pacific Bay Development LOCATION: Newport Beads CLIENT: Padle Bay Homes CONTACT: Mark Lamldn dead side being active aids of home (property line Is at bldg. face) ENTERED CALCULATED ENTERED CALCULATED CASE 1 (Lot 80) VALUES VALUES VALUES VALUES Sound Rating of Unit (Bela) 72 72.0 dB 6.8 68.0 dS 0 Of Adjacent Surfaces within IW(0, 1, 2)-Papal2d3 2 +6.0 dB 2 +6.0 d8 Barrier Path Difference (L. LI + L2 - D) - Page 4 0.43 -0.0 dB 0.43 -0.0 d8 Sound Path Factor (a. b, C. d)-Pap 5 a -0.0 dB a -0.0 dS Distance From UNVScurce to Receiver In Feet 49 - 31.3 dB 49 - 31.3 dB Estimated A -Weighted SPL(35dB) 46.8 d8 42.8 dB NIOHTTLNE OUTDOOR NOISE STANDARD 50 dB 50 dB RESULTS Puss By 32 dB passe By 7R08 Afll Standard e275 Model MH 620.97 SOUTH PAIR FACTOR: a. to a point ofevcivatlon outdoors b. to rcom through open window(s) crepe, door(s) c. to room through closed skhgie gkuf whdow(s) or door d. to room through closed double gkw windows) asord war ART AC Nz PaaBayt 6f24197 Height of Source (it) ..... (see tech. dab)......... 1.6 Height of Barderrenclosurs (h).................. 0.0 Height of Receiver (it) .................... 5 Source to Basler .....(or less)...... 4.7 Barrier to Receiver ...(bldg. face) ............... 442 Width of source 3.7 Dlfferenas.......................„. OA3 Mln. Barrier Hei ht (it) to break Los ............. 1.93 Unit located 1' from Crouse. Noise center 1.6 oh the ground and approx. 3.7 oh side Receiver Is at the bldg. lace - woad fences on property line Sour" fan facing towards bldg. dead side facing active side of hams (property line Is at bldg. face) ENTERED CALCULATED ENTERED CALCULATED CASE 2 Sound Rating of Unit (Bois) VALUES VALUES VALUES VALUES 7.2 72.0 dB 5.8 68.0 dB s of Adjacent Surfaces widdn TV(0, 1, 2)-Pages 263 2 +6.0 dB 2 +6.0 dB Barrier Path Difference (L. Lt+L2-D)-Page 4 0.43 -0.0 dS 0.43 -0.0 dB Sound Path Factor(a, b, c, d)-Page 5 a -0.0 dB a -0.0 dB Distance From UnIVSource to Receiver In Feet 49 - 31.3 dB 49 -31.3 dB Estimated A-Welghted SPL (t5dB) 46.6 dB 42.8 dS DAYMIE OUTDOOR NOSE STANDARD 55d8 55dB RESULTS Passe By 8.2dS Passe By 122 dB Afli Surhdard M275 Model-MH &2(I-97 Height of Source (it) ..... (see tech. data)......... 1.6 Height of Banledanelosure (h).................. 0.0 Height of Receiver (0).................... 5 Source to Banien.....(or less)...... 4.7 Barrier to Receiver ...(bldg. face) ............... 44.3 Width of source 3.7 Difference .......................... 0.43 Min. Barrier Hai fat h to break LOS.............. 1.93 Unit located 1' from house. Noise center 1.6' oh the ground and approx. 3.7 off side Receiver Is at the bldg. face- wood fences on property line Sour" fan facing towards bldg. AIR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment PROJECT. PadGcBoy Development LOCATION: Pon Beads CLIENT: Padua Bay Homes CONTACT: MarklamWn Dead aide facing active side of home (property One is at bldg. face) ENTERED CALCULATED ENTERED CALCULATED CASE 3(Lot 75) VALUES VALUES -.1.... ........ Sound Rating of Udt (Bets) 72 72.0 dB lk*mt Swaps within 1W(0, 1. 2)-Pages 283 2 +6.0 dB Border Path Dlflerance(L. L7+L2-D)-Page 4 1.12 -0.0 dB Sound Path Factar(a, b. c. d)-Page 5 C -22.0 dB Disfance From UnlUSource to Receiver In Feet 14 - 20.4 dB Estimated A -Weighted SPL (35dB) 35.8 dB NF3NITIMERWOORNMESTANDARD 40 dB ARI Startluda276 Model - MH &20-97 SOUTH PATH FACTOR fS Passes By 4.4 dB Passes By 8.4 dB m to a poM of evotuatlon outdoors b. to roornthrough openwlndooKs) oropen door(:) c.toroantlroeghcl s dslplo&=WlndowWerdoor d. to room through closed double guru window(s) arsotd wag CASE 4 Sound Hating of Unit (Bets sgacsrit Swaps within to (0. 1, 2) - Pages 2 6: Barrier Path Difference (L . L7 +L2- D). Paps r Sound Put Factor (a, b, c, d)-Page., Distance From UrilYSource to Receiver In Fee Estimated A-Welghted SPL (t5dS', DAynw)NDOOR NOISE STANDARD ARI Sentient 0276 Model-MH 6-20-97 Helghtof Source (ft)..._(see tech. data)......... 1.6 Height of Banledonclasure (it) .................. 0.0 Height of Receiver (h).................... 5 Width of Source (it)........... 3.7 Center of source to BwdGf .....(Of less)...... 4.7 Barrier to Receiver ...(bldg. face) ............... 9.3 Difference ......................... 1.12 Min. Barrier Height itto break LOS............. 2.74 CASE Unit located V from house. Noise center 1.V o0 the ground and approx. 3.7' off side Receiver is at the bldg. Lace- wood lances on properly line Source fan facing towards bldg. Dead side facing active side of home (property line Is at bldg. face) ENTERED CALCULATED ENTERED CALCULATED 72 2 1.12 C 14 Passes By 72.0 dB + 6.0 dB 0.0 dB 22.0 dB 20.4 dB 35.6 dB 45dS 9.4 dB 5.8 2 1.12 C 14 Passes By 68.0 dB +6.0 dB 0.0 dB 22.0 dB 20.4 dB 31.8 dB 45dB 13.4 dB 0 Height of Source (it) ..... (See tech. data)......... 1.6 Height of Barrierranclasun to .................. 0.0 Height of Receiver (it) .................... 5 Width of Source (it)........... 3.7 Center of Source to Barrier ...... (ar less)...... 4.7 Barrier to Receiver ...(bidg. face) ............... 9.3 Difference ......................... 1.12 A4n. Bardet Hel ht Itto break LOS.............. 2.74 Unit located 1' from house. Ndse center 1.6' oh the ground and approx. 3.7' off side Receiver Is at the bldg. face -wood fences on property line Source tan facing towards bldg. ARI AC Nz Pac.Bayi 6/23/97 Sheet 2 Page 1 1: � STREET _- ___.. 1_. ia?j R: � O Co � ...w.n.. vn.:rc noavl.InI CJ L60 II Exhibit I Sample Locations of the Proposed Lots 10.24.010 Chapter 10.24 Chapter 10.26 DISCHARGE OF WEAPONS* COMMUNITY NOISE CONTROL Sections: 10.24.010 Discharge of Weapons — Permission Required. • spears and other dangerous fishing Star— see Chapter 11.24. 10.24.010 Discharge of Weapons — Permission Required. It is hereby declared unlawful for any person or persons, except peace officers in the discharge of their duties, to discharge or cause to be discharged within the corporate limits of the City of Newport Beach any rifle, shotgun, pistol, revolver or other firearm, or any air -gun, air -pistol or air -rifle, or any other weapon which emits a projectile as a result of pressure exerted at the breech, unless the person or persons have first obtained permission in writing so to do from the Chief of Police. (Ord. 614 (part), 1950: 1949 Code § 4231) 307 Sections: 10.26.005 Declaration of Policy. 10.26.010 Definitions. 10.26.015 Decibel Measurement Criteria. 10.26.020 Designated Noise Zones. 10.26.025 Exterior Noise Standards. 10.26.030 Interior Noise Standards. 10.26.035 Exemptions. 10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions — Special Provisions. 10.26.045 Heating, Venting and Air Conditioning -Special Provisions. 10.26.050 Sound -Amplifying Equipment. 10.26.055 Noise Level Measurement. 10.26.065 Proposed Developments. 10.26.070 Prima Facie Violation. 10.26.075 Violations. 10.26.080 Violations —Additional Remedies —Injunctions. 10.26.085 City Manager Waiver. 10.26.090 Noise Abatement Programs. 10.26.095 Manner of Enforcement. 10.26.100 Severability. 10.26.005 Declaration of Policy. A. In order to control unnecessary, excessive and annoying noise in the City of Newport Beach, it is declared to be the policy of the City to prohibit such noise generated from or by all sources as specified in this chapter. B. It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest, therefore, the City Council of the City of Newport Beach does ordain and declare that creating; maintaining, causing or allowing to be created, caused or maintained, any noise in a manner prohibited by, or not in conformi- ty with, the provisions of this chapter, is a public 10.26.005 nuisance and may be punished as a public nuisance. The ordinance codified in this chapter is effective thirty (30) days from adoption, however, all fixed noise sources existing at the date of adoption shall have ninety (90) days from the date of adoption to achieve compliance with this chapter. (Ord. 95-38 § 11 (part), 1995) 10.26.010 Deflaitions. The following words, phrases and terms as used in this chapter shall have the meanings as indicated here: "Agricultural property"' means a parcel of real property which is undeveloped for any use other than agricultural purposes. "Ambient noise level" means the all -encompass- ing noise level associated with a given environment, being a composite of sounds from all sources, ex- cluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. "A -weighted sound level" means the total sound level meter with a reference pressure of twenty (20) micropascals.using the A -weighted network (scale) at slow response. The unit of measurement shall be defined as DBA. "Code Enforcement Officer" means the Code Enforcement Officer of the City or his duty autho- rized deputy. "Commercial property" means a parcel of real property which is used as either in part or in whole for commercial purposes. "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted. "Decibel (Db)" means a unit which denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio. "Dwelling unit" means any area within a structure on any parcel which: 1. Contains separate orindependent living facili- ties for one or more persons, with an area or equip- ment for sleeping, sanitation and food preparation, 414I:? and which has independent exterior access to ground level; or 2. Is being utilized for residential, purposes by one or more persons separately or independently from occupants of other areas within the structure. "Emergency machinery, vehicle, work or alarm" means any machinery, vehicle, work or alarm used, employed, performed or operated in an effort to protect, provide or restore safety conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. "Equivalent, noise, level, leq." means the sound level corresponding to a steady state noise level over a given measurement period with the same amount of acoustic energy as the actual time varying noise level. Also known as the energy average noise level during the measurement period. The measurement period shall be fifteen (15) minutes under the terms of this chapter. "Fixed noise source" means a stationary device which creates sounds while fixed or motionless including but not limited to,residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment. "Grading" means any excavating of filling of earth material or any combination thereof conducted at a site to prepare said site for construction or other improvements thereon. "Hertz (HZ)" means the unit which describes the frequency of a function periodic in time which is the reciprocal of the period, "Health care institution" means any hospital, convalescent home or other similar facility exclud- ing residential. "Impulsive noise" means a noise of short duration usually less than one second and of high intensity, with an abrupt onset and rapid decay. "Industrial property" means a parcel of real prop- erty which is used either in part or in whole for manufacturing purposes. "Intruding noise level" means the total sound level, in decibels, created, caused, maintained or originating from an alleged offensive source at a 10.26.010 specified location while the alleged offensive source is in operation. "Licensed" means the issuance of a formal li- cense or permit by the appropriate jurisdictional authority, or where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record. "Major roadway" means any street, avenue, bou- levard or highway used for motor vehicle traffic which is owned or controlled by a public govern- ment entity. "Mobile noise source" means any noise source other than a fixed noise source. "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind, including public agencies. "Residential property" means a parcel of real property which is used either in part or in whole for residential purposes, other than transient uses such as hotels and motels, and residential care facilities. Residential property includes the residential portion of mixed use properties. "Simple tone noise" means a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. If measured, simple tone noise shall exist if the one-third octave band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two continuous one-third octave bands as follows: five Db for fre- quencies of five hundred (500) Hertz (Hz) and above or, by fifteen (15) Db for frequencies less than or equal to one hundred twenty-three (123) Hz. "Sound level meter" means an instrument meeting American National Standard Institute's Standard S1.4-1971 or most recent revision thereof for Type 2 sound level meters or an instrument and the asso- ciated recording and analyzing equipment which will provide equivalent data. "Sound pressure level" of a sound, in decibels, means twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure which shall be explicitly stated. "Vibration" means any movement of the earth, ground or other similar surface created by a tempo- ral and spatial oscillation device or equipment locat- ed upon, affixed in conjunction with that surface. (Ord. 95-38 § 11 (part), 1995) 10.26.015 Decibel Measurement Criteria. Any decibel measurement made pursuant to the provisions of this chapter shall be based on a refer- ence sound pressure of twenty (20) micropascals as measured with a sound level meter using the A -weighted network (scale) at slow response. (Ord. 95-38 § 11 (part), 1995) 10.26.020 Designated Noise Zones. The properties hereinafter described assigned to the following noise zones: Noise Zone I — All single-, two- and multi- ple -family residential prop- erties; Noise Zone II — All commercial properties; Noise Zone III — The residential portion of mixed -use properties; Noise Zone IV — All manufacturing or indus- trial properties. The actual use of the property shall be the deter- mining factor in establishing whether a property is in Noise Zone I, II, III or IV provided that the actu- al use is a legal use in the City of Newport Beach. (Ord. 95-38 § 11 (part), 1995) 10.26.025 Exterior Noise Standards. A. The following noise standards, unless other- wise specifically indicated, shall apply to all.proper- ty with a designated noise zone: ALLOWABLE EKIBRIOR NOISE NOISE I.EVE. ZONE TYPE OF LAND USE (Equivalent Noise Isvel, lx4 7 a.m. to lO p m. l0 pm to 7 a.m. I Single-, two- a multiple - family residential 55 DBA 50 DBA B Commercial 65 DBA 60 DBA BI Residential portions of 60 DBA 50 DBA mixed -use properties IV Industrial or manufacturing 70 DBA 70 DBA If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create 309 (Newport Beach 2.96) 10.26.025 any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise con- trolled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen -minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) ABA for any period of time (measured using A - weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to re- flect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.030 Interior Noise Standards. A. The following noise standard, unless other- wise specifically indicated, shall apply to all resi- dential property within all noise zones: NOISE LEVEL ZONE TYPE OP LAND USE (Equivalent Nolu Level, Leq.) 7 a.m, to lO pm. 10 pay to 7 atn. I Ruidendal 45 DBA 40 DBA nl Re+idendal poNoa of miml ue 45 DBA 45 DbA If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It shall be unlawful for any person at any location within the incorporated area of the City to create any noise or to allow the creation of any noise on property owned, leased, occupied or other- wise controlled by such a person which causes the noise level when treasured on any other property, to exceed either of the following: (Newpmc Bach 2.96) 310 1. The noise standard for the applicable zone for any fifteen -minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for any period of time (measured using A -weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the noise standard applicable to said category shall be increased to reflect the mW- mum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 2, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.035 Exemptions. The following activities shall be exempted from the provisions of this chapter: A. Any activity conducted on public property, or on private properly with the consent of the owner, by any public entity, or its officers, employees, representatives, agents, subcontractors, permittees, licensees, or lessees, which are consistent with, and in furtherance of, the governmental functions or services the public entity has authorized, or respon- sible, to perform, activities which are exempt from the provisions of this chapter include, without limi- tation, sporting and recreational activities which are sponsored or co -sponsored by the City of Newport Beach or the Newport Mesa Unified School District; B. Occasional outdoor gatherings, public dances, show, sporting and entertainment events, provided said events are conducted pursuant to a permit or license issued by the appiopriate jurisdiction relative to the staging of said events; C. Any mechanical device, apparatus or equip- ment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell, provided the sounding of any bell or alarm on any 10.26.035 building or motor vehicle shall terminate its opera- tion within forty-five (45) minutes in any hour of its being activated; D. Noise sources associated with construction, repair,remodeling, demolition or grading of any real property. Such activities shall instead be subject to the provisions of Chapter 10.28 of this title; E. Noise sources associated with construction, repair, remodeling, demolition or grading of public rights -of -way or during authorized seismic surveys; F. All mechanical devices, apparatus or equip- ment associated with agriculture operations provided that: 1. Operations do not take place between eight p.m. and seven a.m. on weekdays, including Satur- day, or at any time Sunday or a federal holiday, or 2. Such operations and equipment are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions, or 3. Such operations and equipment are associated with agricultural pest control through pesticide ap- plication, provided the application is made in accor- dance with permits issued by or regulations enforced by the California Department of Agriculture; G. Noise sources associated with the mainte- nance of real property. Such activities shall instead be subject to the provisions of Chapter 10.28 of this title; H. Any activity to the extent regulation thereof has been preempted by state or federal law. NOTE: Preemption may include motor vehicle, aircraft in flight, and railroad noise regulations; I. Any noise sources associated with people and/or music associated with a party at a residential property. Such noise is difficult to measure under the terms of this chapter and instead shall be subject to the provisions of Chapters 10.28 and 10.58 of this title; J. Any noise sources associated with barking dogs or other intermittent noises made by animals on any properly within the City of Newport Beach. Such noise is difficult to measure under the terms of this chapter and instead shall be subject to the provisions of Chapter 7.20 of this Code; 311 K. Any noise sources associated with the opera- tion of a permanently installed heating, venting and air conditioning (HVAC) equipment on a residential property permitted under the provisions of Section 10.26.045(B) and (C); L. Any noise sources specifically identified and mitigated under the provisions of a use permit, modification permit, development agreement or planned community district development plan adopt- ed prior to the date of adoption of this chapter. (Ord. 95-53 § 3, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions —Special Provisions. It_is unlawful for any person to create any noise which causes the noise level at any school, day care center, hospital or similar health care institution, church, library or museum while the same is in use, to exceed the noise standards specified in Section 10.26.025 prescribed for the assigned Noise Zone I (residential uses). (Ord. 95-38 § i I (part), 1995) 10.26.045 Heating, Venting and Air Conditioning --Special Provisions. A. New HVAC Equipment. New permits for heating, venting and air conditioning (HVAC) equipment in or adjacent to residential areas shall be issued only where installations can be shown by computation, based on the sound rating of the pro- posed equipment, not to exceed an A -weighted sound pressure level of fifty (50) DBA or not to exceed an A -weighted sound pressure level of fifty-five (55) dBA and be installed with a timing device that will deactivate the equipment during the hours of ten p.m. to seven a.m. The method of com- putation used shall be that specified in "Standard Application of Sound Rated Outdoor Unitary Equip- ment," Standard 275, Air conditioning and Refriger- ation Institute, 1984 or latest revision thereof. B. Existing HVAC Equipment. 1. HVAC equipment legally installed prior to April 22, 1981, shall be permitted to operate with (Newry Beach 2-W t 10.26.045 an exterior noise limit of sixty-five (65) dBA until January 1, 1998. 2. HVAC equipment legally installed prior to April 22, 1981, shall be exempted from the interior noise level standard as specified in Section 10.26,030 of this chapter until January 1, 1998. 3. HVAC equipment legally installed after April 22, 1981, and prior to the date of adoption of this chapter shall not exceed a maximum exterior noise limit of fifty-five (55) dBA during the ninety -day compliance period set forth in Section 10.26,005. C. In the event that HVAC equipment cannot meet the requirements set forth in this chapter, then the exterior noise limit for such equipment may be raised to sixty-five (65) dBA and exempted from the interior noise level standard as specified in Section 10.26.030 of this chapter, provided that the applicant obtains the written consent of all the owners of the affected properties. (Ord. 95-38 § 11 (part), 1995) 10.26.050 Sound -Amplifying Equipment. Loudspeakers, sound amplifiers, public address systems or similar devices used to amplify sounds shall be subject to the provisions of Chapter 10.32 of this title. Such sound -amplifying equipment shall not be construed to include electronic devices, in- cluding but not limited to, radios, tape players, tape recorders, compact disc players, electric keyboards, music synthesizers, record players or televisions, which are designed and operated for personal use, or used entirely within a building and are not de- signed or used to convey the human voice, music or any other sound to an audience outside such build- ing, or which are used in vehicles and heard only by occupants of the vehicle in which installed, which shall be subject to the provisions of Chapter 10.28 of this title. (Ord. 95-38 § 11 (part), 1995) 10.26.055 Noise Level Measurement. A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the ftWPW Beam y%) 312 closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or con- tacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exteri- or noise levels in a nonresidential area shall be at the closest point to the noise source. The measure- ment microphone height shall be five feet above finish elevation or, in the case of a deck or balcony, the measurement microphone height shall be five feet above the finished floor level. B. The location selected for measuring interior noise levels shall be made within the affected resi- dential unit. The measurements shall be made at a Point at least four feet from the wall, ceiling or floor, or within the frame of a window opening, nearest the noise source. The measurements shall be made with windows in an open position. (Ord. 95-38 § 1.1 (part), 1995) r �- Mestre Greve Associates August 28, 1997 Report#97-172 Page 1 of 5 Mr. Mark Lamkin Pacific Bay Homes 4641 MacArthur Boulevard, Suite 500 Newport Beach, CA 92660 Subject: Air Conditioner Noise Analysis for One Ford Road "Carmel", Newport Beach Dear Mark, This report addresses the potential noise impacts from the air conditioners used for the Carmel project. The report will determine the potential air conditioner noise levels at the adjacent residences. Noise impacts on adjacent residences will then be compared to the City of Newport Beach Noise Ordinance. The noise ordinance specifies standards for new air conditioning equipment. New permits for heating, venting and air conditioning (HVAC) equipment in or adjacent to residential areas shall, be issued only where the installations can be shown by computation (based on the sound rating of the proposed equipment) not to exceed a Sound Pressure Level of 55 dBA during the daytime hours, and not to exceed a Sound Pressure Level of 50 dBA during the nighttime hours. If the units cannot meet the 50 dBA nighttime standard, the units shall be installed with a timing device that deactivates the equipment during the hours of 10:00 p.m. to 7:00 a.m. The method of computation used shall be that specified in the "Standard for Application of Sound Rated Outdoor Unitary Equipment," Standard 275, Air-conditioning and Refrigeration Institute, 1984 or latest revision thereof. ARI Standard 275-84 methodology was used to determine the potential air conditioner noise levels at the adjacent residences. Noise ratings for the units being considered were obtained from the air condidoning condenser recap sheet for "Carmel" provided by Mr. Mark Lamkin of Pacific Bay Homes. The relevant portions of the recap sheet are attached. The developer plans to use units with 3.0 ton and 4.0 ton capacities, manufactured by Carrier. In the "standard unit" CKB top -discharge configuration, both units have noise ratings of 8.2 Bels (one Bel equals ten decibels). With these ratings, the City's nighttime noise standard cannot be achieved, even with significant noise barriers. 280 Newport Center Drive, Suite 230 • Newport Beach, CA 92660 • (714) 760.0891 • Fax (714) 760.1928 Report #97-172 Page 2 of 5 ' To meet the City's noise standard, the air conditioners will need to be the "quietest unit" as listed in the recap sheet, with a noise rating of 7.2 Bels or less, specifically the HDC side -discharge type units manufactured by Carrier. The 3.0 ton unit in the HDC side -discharge model ,has a noise rating of 6.8 Bels, and the 4.0 ton unit in the HDC side -discharge model has a noise rating of 7.2 Bels. In some locations,-noisebarriers will also be required. Exhibit 1 shows the types of locations at which air conditioning noise analyses were performed. There are two basic lot configurations where air conditioning unit noise from one residence affects another. One case is where two lots are adjacent to each other along the sides of the lots �Ip ("side -facing lots"). The other case is where the lots join each other at the rear lot lines ("rear- , \�vA elfacing lots"). In some cases, a lot may be affected by by c,zoo types of adjacent lots. The receptor is " located 5 feet behind the property line. jL.. v t JW Cox 5�, For the "side -facing lot" situation, we have used Lot 22 and Lot 23 as the worst case set of homes. Air conditioner units for the home at Lot 22 impacting an observer at Lot 23 can be considered the worst case side -facing situation because these lots are as close together as any lots in the project. On the exhibit we show the line of sight from the units to the adjacent yard observer. For the "rear -facing lot" situation, we have used Lot 25 and Lot 32 as a typical set of homes. Air conditioner units for the home at Lot 25 impacting an observer at Lot 32 represent a typical rear - facing situation. We have also modeled Lot 20 and Lot 18 as the worst case rear -facing set of homes. Air conditioner units for the home at Lot 20 impacting an observer at Lot 18 represent a worst case rear -facing situation. Two units are to be used for each home. Several air conditioner unit placements are being considered. Exhibit 2 and Exhibit 3 show examples of these different air conditioner unit placements. One scenario has the air conditioners in the rear yard, adjacent to each other, with both units off one of the rear corners of the house. Another scenario has the air conditioners "partially separated", with one unit near the center of the house, and one unit off one of the rear comers of the house. Another scenario has the air conditioners "widely separated", with one unit near each of the rear corners of the house. Another scenario has the air conditioners located adjacent to each other, about 6 inches from the side property line, just off one of the rear corners of the house. On rear -facing lots, the unmitigated noise level from the combined air conditioning units is calculated to be about 49.9 dB, as long as the nearest unit is at least 30 feet from the rear property line. This is below the City's Nighttime noise standard. No wall or other mitigation is needed for these lots. On side -facing lots, the unmitigated noise levels from the combined air conditioning units is calculated to be between 51.8 dBA and 61.6 dBA, depending on the placement of the units. For noise exposure levels greater than 50 dBA, some form of mitigation is needed. Some lots will need noise barriers in order to meet the 50 dBA standard. The barriers required vary depending on plan type, lot configuration, and air conditioner unit placement. To mitigate the noise levels to below 50 dBA, several alternatives can be used These various alternatives and the corresponding barriers required for each are presented below in Table 1 (for Plan 1, Plan 1 Bonus Option, Plan 2, and Plan 3) and Table 2 (for Plan 2 Bonus Option). "SIDE -FACING" "REAR -FACING" WL ---- �`�� < N MESTRE GREVE ASSOCIATES Exhibit 1 - Examples of Side -Facing j and Rear -Facing Lots "ADJACENT UNITS" MESTRE GREVE ASSOCIATES "PARTIALL'Y SEPARATED" Exhibit 2 - Examples of Various Air Conditioner Unit Placements ("Adjacent", "Partially Separated") "WIDELY SEPARATED" MESTRE GREVE ASSOCIATES "NEAR PROPERTY LINE" Exhibit 3 - Examples of Various Air Conditioner Unit Placements L(nwidely Separated", "Near Property Line") One Ford Road "Carmel", Newport Beach Pacific Bay Homes - Mark Latakia 440-7203 REPORT #97-172 FRED / MIKE; August 1997 CASE: SIDE FACING LOT TWO QUIET UNITS, 7' FROM WALL 5.5' WALL Sound Rating of Unit (I B of Adjacent Surfaces within MY (0. 1, 2) - Pages 2 Barrie Path Difference (L =LI +L2 - D) - Pa Sound Path Factor (a, b, c, d) - Pa Distance From Unit to Receiver in Estimated A -Weighted SPL (±' NIGHTTIME NOISE STANDn aat s.�.a rrn tarn-wt . acn AIR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment QUIET UNIT ENTERED CALCULATED 7.2 72.0 dB 0 +0.0 dB 0.6 - 4.5 dB a -0.0 dB 12.0 -19.0 dB 48A dB 50 dB Passes By 1.6 dB QUIET UNIT ENTERED ' CALCULATED 63 68.OdB 0 +O.OdB 0.6 - 4.5 dB a -0.0 dB 12.0 -19.0 dB 44.4 dB 50 dB Passes By 5.6 dB 2 Units Combined: 49.9 dB Passes By 0.1 dB Height of Source ................. 1.6 Height of Barrier .................. 5.5 Height of Receiver ............... 5 Source to Barrier ................. 7.0 Barrier to Receive ............... 5.0 Difference ......................... 0.57 Min. Barrie Height .............. 3.58 Sound Path Factor. 49.9 a. to a point of evaluation outdoors 39.9 b. to room through open window(s) or open doors) 32.9 C. to room through closed single glass window(s) or door 26.9 d. to room through closed double glass window(s) or solid -wall a One Ford Road "Carmel", Newport Beach Pacific Bay Hanes - Mark Lamkin 440-7203 REPORT #97-172 FRED/MIKE; August 1997 CASE: SIDE FACING LOT PLAN TWO BONUS UNITS, 7' FROM WALL 5.9' WALL Sound Rating of Unit (Be] # of Adjacent Surfaces within IV (0, 1, 2) - Peg" 2 & Barrier Path Difference (L=LI +12 - D) - Page Sound Path Factor (a, b, c, d) - Page Distance Front Unit to Receiver in Fe Estimated A -Weighted SPL (35d) NIGHTTIME NOISE STANDAR aua..ramssr.m.wrsxn AHt CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment QUIET UNIT ENTERED CALCULATED 72 72-0 dB 0 +O.OdB 0.8 - 6.2 dB a 0.0 dB Ito -19.0 dB 46.8 dB 50 dB Passes By 3.2 dB QUIET UNIT ENTERED CALCULATED 72 720dB 0 +O.OdB 0.8 -62dB a -0.0 dB 12.0 - 19.0 dB 46.8 dB 50 dB Passes By 3.2 dB 2 Units Combined: 49.8 dB Passes By 0.2 dB Height of Source ................... 1.6 Height of Barrier .................. 53 Height of Receiver ............... 5 Source to Barrier ................. 7.0 Barrier to Receiver ............... 5.0 Difference ......................... 0.82 Min. Barrier Heigh .............. 3.58 Sound Path Factor. 49.8 a. to a point of evaluation outdoors 39.8 b. to room through open window(s) or open door(s) 32.8 a to room through closed single glass window(s) or door 26.8 d. to room through closed double glass window(s) or solid wall OwFotd Rod-Casmcr. Ncwprt Beech Pacific Bay Hama -Mark LemlSn 440.7201 REPORT #97-172 FRED/ MUM, August 1997 CASE: SIDE FACING LOT TWO QUIET UNITS, NEARMAR FROM WALL 5NWALL Sound Radon of ofAdpesul&w = wilhio la(0. 1. 2)-1 Buder Puts Wk. (L-LI+L2- Sword Path Favors. b.q Y W lap W.-WaYeI AIR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application ofSound Rated Outdoor Equipment NEAR UNIT EINMUD CALCULATED 7.2 7LOdB 0 +o.OdD Ol -4.1 dB a -0.0dB its -19.0 dB 45.9 dB 50 dB Passes By 11 dB FAR UNIT ENTERED CALCULATED 6.8 68.0 dB 1 +3Adn 8.1 -OO dB a •DodB 3ie -27.6dB 43.4 dB 50 dB Passes By 6.6 dB 2 Units Combined: 50.0 dB Passes By 0.0 dB Hei61n of S ourm............... 1.6 Hd6U of Buhr .................. 5.4 HeisMofRec im............... 5 Soure w B uric .................. 7.0 Buhr to pwo hw................ 5.0 DUsam"oC..... ............... — 0.51 HdAmofSowoe..... _.......... /A 1kl2htofBartic................. SA HeitUofRariv ............... 5 S. m Buric.................. 27.0 BudamRpoeivc................ SA Differevs ........................ Me Mi-BudaM L............ 358 1 1 Min Burt If 4:67 Soul PsthRowc. SRO a toapoimofevaluationoutdoors 40.0 b. to room thsougb open windows) e, open door(s) 33.0 C. toroom lhmugh closed single glass window(s) or door 27.0 d. to room through closed double glass window(s)or solid wall One Font Rod-Cwmd'. Ncwpcst Beach Pacific Bay Times - Mark Lmk'tn 440-7203 REPORTM97-171 FBED/MBCE; August 1997 CASE: SIDE FACING LOT. PLAN TWO BONUS UNITS NEARIFAR FROM WALL 5Y WALL a of Ad)reot Sarhu.imm 10 (0.1.2). P.se B. 6.Puh Dif .. (L.Ll+L2-D)- Exdz,.bdA-WelaEtedSA. .W W.pIY...WNNr Alit CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment NEAR UNIT ENTERED CALCULATED 72 720de e +ORdB e.e -6.2d8 + -0.Od8 Me -19.0 dB 46.8 dB Se dB PassesB) 3.2 dB FAR UNIT ENTERED CALCULATED 72 72.0 dB 1 +3.Od8 e2 -0.7dB •0.00 32.0 -27.6d8 46.7 dB 50 dB ParsesBy 3.3 dB 2 Units Combind; 49.7 dB Poses B5 0.3 dB HdydofSa ..... «,...__... 1.6 HeislnofBurW ................. 59 Hd&htofltwd .n................ 5 Sown b B mi en .................. 7.9 B uder to ltcoehw ............... 5.e Differeeoe....._._.............� om HdahtofSotao.................. JA HeightofBmiw................_ 5.9 ltd nofRrei� ............... 5 Source b B mien ................. 27.9 Bader to Itco:ivee............... 5.e Dkfrt ........ .............— e24 M=Bmiw He' ............. Soudfmhl% or. 49.7 M. to a point ofcvalupllw outdoors 39.7 b. to room through open window(&) or open door(s) 32.7 c. to room through closed siogle glaze window(s) or door 26.7 d. to room thmugh closed double glass window(s)m solid wall OaeFord Road'Carmer. NewpottBarh Pacific Bay Homes - Made I mlin 440.7203 REPORT #97-172 FRED/MIXE; August 1997 CASE: SIDEFACINGLOT TWO QUINT UNITS OPPOSITE CORNERS OF HOUSE 5S WALL 0 of Adjacmt Swfaesa wUba 10 (0. 1.2)-i Burin Puh DitF.. (L.L1+L2- Samd PeORnar(e.b.S Estknsk�d A-W,4hW IiWOYY.Wr.LIt AIR CONDITIONING AND REFRIGERATION INSTITUTS Standard for ApplkRWn of Sound Rated Outdoor Equipment NEAR UNIT ENTERED CALCULATED 7.2 72,OdB 0 +O.OdB 03 -2.2dB + -O.OdB 14.0 -2D.4dB 49.4 dB 50 dB Passes By 0.6 dB FARUNIT ENTERED CALCULATED at 600 dB 0 +OAdB 0.0 ODdB a -ODdB 48.0 -31.1dB 36.9 dB 50 dB Passes By 13.1 dB 2 UnBa Combined: 49.7 dB Passes By 03 dB Hdsht of Sowm......-....._.... 1.6 Hetata of Burc.............. ... 53 HcisluofRaclw .............. 5 Scum w Hrrtc.................. 0.0 Burin to Remivm................ 5.0 Bitsace ................._..... 933 Sound Nth Rua: 49.7 a to a point ofevaluatim outdoors 39.7 b. to room through openwindow(s) or open docc(s) 32.7 m broom through cloud single glass window(s) or door 2G7 d. to room through closed double glass window(s)or solid wan IW& of Sow¢....._..._..... lA lirdsm of Buries .................. 53 Hdaht of Remixes ................ 5 Sown to Buries .................. 43A Burin m Remivm................ 5.0 DBfeceaca............._._.... 0.05 One Ford Rota "Carmel, Newport Beech Pacific Bay Homes- Mark I,amld, 440-7203 REPORT 097-172 FRED / MME. August 1997 CASE: SIDE FACING LOT PLAN TWO BONUS UNITS OPPOSITE CORNERS OF HOUSE 53'WALL Smmdgrtiosof ofAd)s®r&wb6 vuhla 10(0. 1. 2)-1 B.niarl'W Diffia. (L.1.1+12. SoundRth F.mr(kb.r. Dkunm FS Uatwlt. Enki. u A-Wcislu,d: .V WYY.Y.W.iI1 AR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment NEAR UNIT BNIIItFD CALCULATED 7.2 TLOdB 0 +O.OdB 03 -22dB + -OAdil ill -70.4,1E 49.4 dB 50 dB Passes By 0.6 dB FAR UNIT ENTERED CALCULATED 7.2 72OdB 0 +OAdB 0.0 -OA,1B a -OAdB 43.0 -31.ldB 40.9 dB 50 dB Passes By 9A dB 2 Unit* Combined: 50.0 dB Push By 0.0dB Heltht ofsou=.........._... 1.4 Hd& of B uria.................. 53 Hci&U of R.cdv................ 5 Savor W Buhr .................. 9.0 liwicr toRealva................ 5.0 1)111 ce.....................— l33 Sound hth Rea: 50.0 M. to a point of evaluation outdoor 40.0 b. broom through open window(,) or open door(s) 33.0 C. broom through cluscd single glass window(s) or door 27.0 d. to room through closed double glass window(s) or solid wall Hei tht cf Scum........._«... IA lkttW of Burier.................. 53 11.1shtofRoo fiver ................ 5 Savor W B niv.................. 43.4 Burk, w Rcmiw ............... 5.6 4b5 One Ford Road "Carmel", Newport Beach Pacific Bay Homers -Mark Lamkin 440.7203 REPORT #97-172 FRED / MIKE, August 1997 CASE: SIDE FACING LOT TWO QUIET UNITS, 6" FROM WALL 6.0' WALL Sound Rating of Unit (Bel. 8 of Adjacent Surfacer within 10 (0, 1, 2) -Pages 2 & Barrier Path Difference (L= Ll +12 - D) -Page Sound Path Factor (a, b, c, d) . Page Distance From Unit to Receiver in Fe Estimated A-Wciahted SFL (±sd1 •at a.r.a rm raaa. rat axn AIR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment QUIET UNIT ENTERED CALCULATED 72 72.0 dB 0 +0.0 dB 2.8 - 11.6 dB a 0.0 dB 525 - 11.9 dB 48.5 dB 50 dB Passes By 15 dB QUIET UNIT ENTERED CALCULATED 6.8 68.0 dB 0 +O.OdB 2.8 - 11.6 dB a 0.0 dB 525 -11.9dB 44.5 dB 50 dB Passes By 55dB 2 Units Combined: 50.0 dB Passes By 0.0 dB Height of Source ................... 2.4 Height of Barrier .................. 6.0 Height of Receiver ............... 5 Source to Barrier (LI)........... 025 Barrier ro Receiver (L2)......... 5.0 Difference ......................... 2.85 that meets standard with 6.0 barrier) Min. Barrier Height .............. 2S2 Sound Path Factor. 49.9 a. to a point of evaluation outdoors 399 b. to room through open window(s) or open doors) 32.9 C. to room through closed single glass window(s) or door 26.9 d. to room through closed double glass windows) or solid wall One Ford Road "Carmel", Newport Beach Pacific Bay Homes - Mark Lamkin 440.7203 REPORT #97-172 FRED / MIKE; August 1997 CASE: SIDE FACING LOT PLAN 2 BONUS UNITS, 6" FROM WALL 7.0' WALL Sound Rating of Unit (Bel, X of Adjacent Surfaces within 10' (0, 1, 2) - Pages 2 & Barrier Path Difference (L= Ll +L2- D) - Page Sound Path Factor (a, b, c, d) - Page Distance From Unit to Receiver in Fe Estimated A -Weighted SPL (dShc NIGHTTIME NOISE STANDAR sua. ..rmsara.wraxn AIR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment QUIET UNIT ENTERED CALCULATED 72 72.0 dB 0 +O.OdB 4.1 -13.2 dB a 0.0 dB 525 -11.9 dB 46.9 dB 50 dB Passes By 3.1 dB QUIET UNIT ENTERED CALCULATED 72 720 dB 0 +0.0 dB 4.1 -13.2 dB a 0.0 dB SZS -11.9 dB 46.9 dB 50 dB Passes By 3.1 dB 2 Units Combined: 49.9 dB Passes By 0.1 dB Height of Sour« ................... 2.4 Height of Barrier .................. 7.0 Height of Receiver ............... 5 Sourceto Barrier (LI)........... 0.25 Barrier to Receiver (1.2)......... 5.0 Difference ......................... 4.13 (24' is the hig)tm Wim source elevation that meets standard with 6.(Y barrier) Min. Barrier Height .............. 152 Sound Path Factor: 499 a to a point of evaluation outdoors 399 b. to room through open window(s) or open door(s) 32.9 C. to room through closed single glass window(s) or door 269 d. to room through closed double glass window(s) or solid wall ONE FORD ROAD AIR CONDITIONING CONDENSERS KGAA PLAN1 STANDARD BONUS PLAN PLAN TONS BELS• TONS GELS• 1STCONDENSER 3 6.8/8.2 4 7.2/8.2 2ND CONDENSER 3 6.8/8.2 3 6.8/8.2 PLAN 2 1STCONDENSER 4 7.2/8.2 4 7.2/8.2 2ND CONDENSER 3 6.8/8.2 4 7.2/8.2 PLAN 3 1STCONDENSER 4 7.2/8.2 2ND CONDENSER 3 6.8/8.2 "QUIETEST UNITS/STANDARD UNITS QUIETEST UNITS ALL UNITS ARE CARRIER HDC SIDE DISCHARGE TYPE. UNIT DIMENSIONS: < = 3 TONS: TV x 1' 3" 4 & 6 TONS: 3'9" x 1'6" LONG SIDE IS PARALLEL TO & 6" AWAY FROM BLDG WALL. STANDARD UNITS ALL UNITS ARE CARRIER CKB TOP DISCHARGE TYPE. MOUNTED 6"•AWAY FROM BUILDING WALL. UNIT DIMENSIONS: TONS DIMEN. HEIGHT" 1.5 18 X 18 24" 2 18 X 18 26" 2.5 2.5 X 22. 24" 3 2.5 X 22. 26" 3.5 22 X 22 30" 4 30 X 30 28" 5 30 X 30 36" • NOT INCLUDING PAD HEIGHT, WHICH IS ASSUMED TO BE 4" HIGH. Report #97-172 Page 3 of 5 Table 1 Barriers Required For Different Yard and Condenser Unit Configurations Plan 1, Plan 1 Bonus Option, Plan 2, Plan 3 CASE BARRIER LOCATION HEIGHT REQUIRED 1) Side -facing, adjacent air conditioner units Side PL both units off one corner of house 5.5' 2) Side -facing, widely separated air conditioner units Side PL one air conditioner unit off each rear corner of house 5.5' 3) Side -facing, partially separated air conditioner units Side PL one air conditioner unit off comer of house 5.5' one air conditioner unit near center of house 4) Side -facing, adjacent air conditioner units Side PL 6" from side property line 6.0' 5) Rear -facing, any configuration air conditioner units Rear PL nearest unit closer than 30 feet from rear property line 6.5' 6) Rear -facing, any configuration air conditioner units none nearest unit at least 30 feet from rear property line PL - indicates "property line" Report #97-172 Page 4 of 5 The combination of air conditioning units for the Plan 2 bonus option has the highest noise rating of any plan. The barriers needed for lots adjacent to Plan 2 bonus option homes are listed below in Table 2. Table 2 Barriers Required For Different Yard and Condenser Unit Configurations Plan 2 Bonus Option BARRIER LOCATION CASE HEIGHT REQUIRED 1) Side -facing, adjacent air conditioner units Side PL both units off one corner of house 6.0' 2) Side -facing, widely separated air conditioner units Side PL one air conditioner unit off each rear corner of house 6.0' 3) Side -facing, partially separated air conditioner units Side PL one air conditioner unit off corner of house 6.0' one air conditioner unit near center of house 4) Side -facing, adjacent air conditioner units Side PL 6" from side -property line 6.5' 5) Rear -facing, any configuration air conditioner units Rear PL nearest unit closer than 30 feet from rear property line 7.0' 6) Rear -facing, any configuration air conditioner units none nearest unit at least 30 feet from rear property line PL - indicates "property line" The tables above show that some lots in the project will require barriers in order to meet the 50 dBA nighttime noise standard. The noise barrier shall be located at top -of -slope. The noise barriers must have a surface density of at least 3.5 pounds per square foot, and shall have no openings or gaps. The wall may be constructed of stud and stucco, 3/8 inch plate glass, 5/8 inch plexiglass, any masonry material, or a combination of these materials. A wood fence is not acceptable. With these required barriers, the air conditioner noise levels in all lots are projected to be in compliance with the nighttime noise standard of 50 dBA at the observer location behind the nearest adjacent property lines. Report #97-172 Page 5 of 5 In accordance with ARI Methodology, noise calculations were performed for the following four sound path factors: a) to a point of evaluation outdoors (yards, patios, courtyards) b) to room through open window or door c) to room through closed single glazed window or door d) to room through closed double glazed window or solid wall We have provided the resulting levels for items a, b, c, and d below, but we believe that the results for b, c, and d are irrelevant in regards to compliance with the ordinance. We do not see anywhere in the new noise ordinance where a standard is set for interior noise levels. The distance for sound path factors b, c, and d are all the same; only the distance to sound path factor a will be different. The worst case observer has been evaluated (5 feet behind the property line wall). Since the room would be slightly farther from the source, the results for sound path factors b, c, and d can be considered worst case values. The results of examination of each of the four cases (with the required barriers) are presented below in Table 3. Table 3 Projected Air Conditioner Noise Levels (dBA) For Different Sound Path Factors CASE A B C D "Side -Facing" (adjacent units off one corner) 49.9 39.9 32.9 26.9 "Side -Facing" (opposite corners of home) 49.7 39.7 32.7 26.7 "Side -Facing" (center and corner of home) 50.0 40.0 33.0 27.0 "Side -Facing" (6 inches from property line) 49.9 39.9 32.9 26.9 "Rear -Facing" (units < 30' from rear property line) 50.0 40.0 33.0 27.0 The calculation data is shown in the sheets attached to this letter. If we can be of further assistance please do not hesitate to call. Sincerely, Mestre Greve Associates Fred Greve, P.E. Principal Mestre Greve Associates December 19, 1997 Report #97-173-A Page 1 of 5 Mr. Mark Lamkin Pacific Bay Homes 4041 MacArthur Boulevard, Suite 500 Newport Beach, CA 92660 Subject: Air Conditioner Noise Analysis for One Ford Road "Summerhouse", Newport Beach Dear Mark, This report addresses the potential noise impacts from the air conditioners used for the Summerhouse project. The report will determine the potential air conditioner noise levels at the adjacent residences. Noise impacts on adjacent residences will then be compared to the City of Newport Beach Noise Ordinance. The noise ordinance specifies standards for new air conditioning equipment. New permits for heating, venting and air conditioning (HVAC) equipment in or adjacent to residential areas shall be issued only where the installations can be shown by computation (based on the sound rating of the proposed equipment) not to exceed a Sound Pressure Level of 55 dBA during the daytime hours, and not to exceed a Sound Pressure Level of 50 dBA during the nighttime hours. If the units cannot meet the 50 dBA nighttime standard, the units shall be installed with a timing device that deactivates the equipment during the hours of 10:00 p.m. to 7:00 a.m. The method of computation used shall be that specified in the "Standard for Application of Sound Rated Outdoor Unitary Equipment," Standard 275, Air-conditioning and Refrigeration Institute, 1984 or latest revision thereof. ARI Standard 275-84 methodology was used to determine the potential air conditioner noise levels at the adjacent residences. Noise ratings for the units being considered were obtained from the air conditioning condenser recap sheet for "Summerhouse" provided by Mr. Mark Lamkin of Pacific Bay Homes. The relevant portions of the recap sheet are attached. The developer plans to use units with up to 4 ton and 5 ton capacities, manufactured by Carrier. In the "standard unit" CKB top -discharge configuration, both units have noise ratings of 8.2 Bels (one Bel equals ten decibels). With these ratings the City's nighttime noise standard cannot be 280 Newport Center Drive, Suite 230 • Newport Beach, CA 92660 • (714) 760-0891 • Fax (714) 760.1928 Report #97-173-A Page 2 of 5 There are two basic lot configurations where air conditioning unit noise from one residence affects another. One case is where two lots are adjacent to each other along the sides of the lots ("side -facing lots"). The other case is where a lot joins another lot at the rear lot line ("rear -facing lots"). In some cases, a lot may be affected by both types of adjacent lots. The receptor is located 5 feet behind the property line. For the "side -facing lot" situation, we have used Lot 6 and Lot 7 as the worst case set of homes. Air conditioner units for the home at Lot 6 impacting an observer at Lot 7 can be considered the worst case side -facing situation because these lots are as close together as any lots in the project. On the exhibit we show the line of sight from the units to the adjacent yard observer. For the "rear -facing lot" situation, we have used Lot 18 and Lot 8 as a typical set of homes. Air conditioner units for the home at Lot 18 impacting an observer at Lot 8 represent a typical rear - facing situation. Two units are to be used for each home. On rear -facing lots, the unmitigated noise level from the combined air conditioning units is calculated to be about 49.9 dB, as long as the nearest unit is at least 30 feet from the rear property line. This is below the City's Nighttime noise standard. No wall or other mitigation is needed for these lots. Several air conditioner unit placements are being considered. One scenario has the air conditioners in the rear yard and side yard, around one of the rear corners of the house. Another scenario has the air conditioners "partially separated", with one unit near the center of the house, and one unit off one of the rear corners of the house. Another scenario has the air conditioners "widely separated", with one unit near each of the rear corners of the house. Another scenario has the air conditioners "diagonally oriented", with the units around one of the rear corners of the house. The various configurations considered in this report are shown later in Exhibits A through E. On rear -facing lots where the observer is closer than 30 feet from the rear property line, the unmitigated noise levels from the combined air conditioning units could be as high as 52.6 dBA. On side -facing lots, the unmitigated noise levels from the combined air conditioning units could be as high as 54 dBA. Report#97-173-A Page 3 of 5 For noise exposure levels greater than 50 dBA, some form of mitigation is needed. Some lots will need noise barriers in order to meet the 50 dBA standard. Mr Mark Lamldn of Pacific Bay Communities has provided drawings of each of the building plans and air conditioner unit placements being considered. These scenarios are shown in Exhibits A through E. The barriers required for these scenarios are presented in Table 1. Table 1 Barriers Required For Different Building Plans And Different Planned Air Conditioner Unit Configurations CASE BARRIER BARRIER REQUIRED REQUIRED AT REAR PL AT SIDE PL (height in feet) Plan 1 (see Exhibit A) 0 / 6.5* 5.5 Plan 2 AC units widely separated (see Exhibit B) 0 / 6.5* 5.5 AC units diagonally oriented @ comer (see Exhibit C) 0 / 6.5* 6.5 Plan 3 AC units partially separated (see Exhibit D) 0 / 6.5* 6.5 AC units widely separated (see Exhibit E) 0 / 6.5* 5.5 PL - indicates "property line" * - where rear setback is less than 30 feet The table above shows thatsome lots in the project will require barriers in order to meet the 50 dBA nighttime noise standard. The noise barriers shall be located at top -of -slope. The noise barriers must have a surface density of at least 3.5 pounds per square foot, and shall have no openings or gaps. The wall may be constructed of stud and stucco, 3/8 inch plate glass, 5/8 inch plexiglass, any masonry material, or a combination of these materials. A wood fence is not acceptable. With these required barriers, the air conditioner noise levels in all lots are projected to be in compliance with the nighttime noise standard of 50 dBA at the observer location behind the nearest adjacent property lines. Exhibit A - Typical Example of Air Conditioner Units and Observer Distances for Plan 1 Exhibit B - Typical Example of Air Conditioner Units and Observer Distances for Plan 2 (Units Widely Separated) TES Exhibit C - Typical Example o Air Conditioner Units and Observer Distance; for Plan 2 (Units Diagonally Oriented at Corner Exhibit D - Typical Example of Air Conditioner Units and Observer Distances for Plan 3 (Units Partially Separated) Exhibit E - Typical Example of Air Conditioner Units and Observer Distances for Plan 3 (Units Widely Separated) Report #97-173-A Page 4 of 5 In accordance with ARI Methodology, noise calculations for fast floor observers were performed for the following four sound path factors: a) to a point of evaluation outdoors (yards, patios, courtyards) b) to room through open window or door c) to room through closed single glazed window or door d) to room through closed double glazed window or solid wall We have provided the resulting levels for items a, b, c, and d below, but we believe that the results for b, c, and d are irrelevant in regards to compliance with the ordinance. We do not see anywhere in the new noise ordinance where a standard is set for interior noise levels. The distance for sound path factors b, c, and d are all the same; only the distance to sound path factor a will be different. The worst case observer has been evaluated (5 feet behind the property line wall). Since the room would be slightly farther from the source, the results for sound path factors b, c, and d can be considered worst case values. Report #97-173-A Page 5 of 5 The results of each of the cases (with the required barriers) are presented below in Table 2. Table 2 Projected Air Conditioner Noise Levels (dBA) For Different Sound Path Factors CASE A B C D Rear -Facing lot 49.9 39.9 32.9 26.9 (Units > 30' from PL), No Barrier Rear -Facing lot 49.7 39.7 32.7 26.7 (Units < 30' from PL), 6.5' Barrier Side -Facing lot 49.7 39.7 32.7 26.7 (Plan 1, widely, separated units), 5.5' Barrier Side -Facing lot 49.8 39.8 32.8 26.8 (Plan 2, units around one corner), 6.5 Barrier Side -Facing lot 48.4 38.4 31.4 25.4 (Plan 2, widely separated units), No Barrier Side -Facing lot 49.7 39.7 32.7 26.7 (Plan 3, partially separated units), 6.0 Barrier Side -Facing lot 47.5 37.5 30.5 24.5 (Plan 3, widely separated units), No Barrier PL - indicates "property line" The calculation data is shown in the sheets attached to this letter. If we can be of further assistance please do not hesitate to call. Sincerely, Mestre Greve Associates +Fred Greve, P.E. Principal Report #97-173-A Page 5 of 5 The results of each of the cases (with the required barriers) are presented below in Table 2. Table 2 Projected Air Conditioner Noise Levels WBA) For Different Sound Path Factors CASE A B C D Rear -Facing lot 49.9 39.9 32.9 26.9 (Units > 30' from PL), No Barrier Rear -Facing lot 49.7 39.7 32.7 26.7 (Units < 30' from PL), 6.5' Barrier Side -Facing lot 49.7 39.7 32.7 26.7 (Plan 1, widely separated units), 5.5' Barrier Side -Facing lot 49.8 39.8 32.8 26.8 (Plan 2, units around one corner), 6.5 Barrier Side -Facing lot 49.7 39.7 32.7 26.7 (Plan 2, widely separated units), 6.5' Barrier Side -Facing lot 49.7 39.7 32.7 26.7 (Plan 3, partially separated units), 6.0 Barrier Side -Facing lot 47.5 37.5 30.5 24.5 (Plan 3, widely separated units), No Barrier PL - indicates "property line" The calculation data is shown in the sheets attached to this letter. If we can be of further assistance please do not hesitate to call. Sincerely, Mestre Greve Associates Fred Greve, P.E. Principal AIR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment MsAMStaMrd27544 MHS77-97 One Ford Rood "Summerhouse", Newport Beach Pacific Bay Homes - Mark Lamldn 440.72D3 REPORT M97-173 FRED / MIKE; August 1997 CASE: TWO "LOUDEST" QUIET UNITS, ADJACENT REAR FACING, CLOSEST UNITS THAT MEET ORDINANCE WITH NO WALL Sound Rating of Unit (Bel 0 ofAdjacmt Surfaces within 10' (0, 1, 2)- Pages d Harris Path Difference (L=L1 +12 -M-Page Sound Path Factor (a, b, c, d)-Page Distance From Unit to Receiver in Ft Estimated A -Weighted SPL (i5d'. QUIET UNIT ENTERED CALCULATED QUIET UNIT 2 Units Combined: 49.9 dB Passes By 0.1 dB Sound Path Factor: 499 a. to a point of evaluation outdoors 399 b. to room through open window(s) or 329 c. to room through closed single glass 269 d. to room throueh closed double Rlas: {eight of Source.......-.......... 1.6 ]eight of Receiver ............... 5 i ource to Barrier .................. 29.0 carrierto Receiver ............... 5.0 Ll............. 29.034 L2............. 7.071 D.............. 34.170 Mamce......................... 1.95 Min. Barrier Height. ............. 450 1 BARRIER HEIGHT O.Ot AIR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment MmARI Standard 27544 MBL27.97 One Ford Road "Summerhouse", Newport Beach Pacific Bay Homes - Mark Lamtin 440-7203 REPORT M97-173 FRED / MIKE; August 1997 CASE: TWO "LOUDEST' QUIET UNITS, ADJACENT REAR FACING, UNITS 29 FROM PL 6.1' WALL 0 of Adjacent Surfaces within IV (0, 1, 2)- Pages 2 & Bartier Path Difference (L=L1 +L2-D) -Page Sound Path Factor (a, b, c, d)- Page Distance From Unit to Receiver in Fe Estimated A-Weigittod SPL(i5d] NIGf iTTIME NOISE STANDAR QUIET UNIT QUIET UNIT ENTERED CALCULATED ENTERED CALCULATED 7.2 1 039 a 25.0 Passes By 72.0 dB +3.0 dB - 2.9 dB - 0.0 dB -25A dB 46.7 dB SOM 33 dB VALUES VALUES 7.2 72.0 dB 1 +3.0 dB 039 -2.9dB a - 0.0 dB 25.0 -25.4 dB 46.7 dB SOdB Passes By 33 dB 2 Units Combined: 49.7 d6 Passes By 03 dB Height of Source ................. 1.6 Height of Receiver ............... 5 Sourceto Barrier .................. 20.0. Barrier to Receiver ............... 5.0 LI............. 20.500 L2............. 5.120 D.............. 25.230 Di"mce......................... 0.39 Min. BarrierHeight.............. 432 BARRIRHEIGHT 6.Ir Souad Path Facto: 49.7 a. to a point of evaluation outdoors 39.7 b. to room through open window(s) or open door(s) 32.7 c. to room through closed single glass window(s) or door 26.7 d. to room through closed double glass window(s) or solid wall Page 1 of I AIR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Applkatbn of Sound Rated Outdoor Equlpmrot MARIM.A"21544 a®a3747 OoeFord Rod "Stmmchoos0", Newport Beach PacificRayHoalct-MwkLamlin 440.7203 REPORT "7-173-A FRED/ MIXE; revisions December 1997 CASE: "IA" SIDE -FACING UHIPS 8' AND 65' FROM PL TWO "LOUDEST QUIET UNITS, OPPOSITE SWES OF HOME SY WALL NEAR UNIT ENTERED CALCULATED IofAdjso=uS (moe,,vkYk I0'(0,1,2).Pasea2 Barrie Path Dactence (L. LI+L2-D)-A Sand Path Fkeor (a, b, 4 d) - P+ D'atsuce Ftraolloh m Receiver in aYWaR1aW�Waaarl 72 720 18 a +O.OdB M -L9d0 a -0.0 dB 13A -19.7 dB 49A dB SOdB Passes By f46 dB FAR UNIT ENTERED CALCULATED 72 72.0 dB 0 +00dB 0.0 -O.OdB a -O.OdB 70.0 .34AdB 37.6 dB 564B Passes By UA dB 2 Units Combined: 49.7 dB Passes By R3dB Heght of5ourm..........-....... IA Height of Barrie ...................... 53 He4htofRecoiver ................... 5 Savor to Barrie .................. E.0 Barrier to Receiver .................. 5.0 DBfeterm._...................... 039 HuthtofSaece..... ._... _...... L6 Hel& of Barrie ...............- ..... 53 Heigh[ of Reeiver.................. 5 Source to Barrie .................. 6S.6 Barrier b Receiver .................. 5.0 DiBere.......................... 0.03 Min. Barrier Heigh, .... ...... . 369 1 1 Min. Barrie Hei t. ... ... 476 Sound Path Rcta: 49.7 S. roapointofwaluadonoutdoms 39.7 b. to room through open window(s) or open door(s) 32.7 c to room through dosed single glass window(s)or door 26.7 d. to room through dosed double glass window(s)or solid wall AM CONDITIONING ANDRUWGERATION INSTITUTE Standard for Appileallon ofSotmdRaled Outdoor Egdpmmt has ARISYWN2r5M MR02740 One Fad Road "Summerhouse". NcwponBeach Pacirw Bay Homes-Mrklmldn 440.7203 REPORT I97-173-A FILED /MBCE. mvisions December 1997 CASE: "211" SIDE -FACING (1st Pmfercace) UNrrS B AND Itr FROM FL TWO "LOUDEST" QUIETUMS. WRAPPED AROUND ONE CORNER 6.4' WALL NEAR UNIT ENTERED CALCULATED SouodRatmsoluditmels) 72 72D dB O of Adjv Scam rldiu 10(0. 1. 2)-Pages 233 1 +3.0 dB tiurerPah Mierume(L"LI+L2-D)-Page 4 L4 -8.4dB Sound PattiRoa(4 b. Sd)-Pages a -OOdB D'Yunm Prom Unit In Pemim in Eeet 11.0 -183 dB EWmued A-Wclghad SPL(35d8) 48.3 dB NIOHTI'ArBNOTSESTANDARD 50dB RESULTS Paces By 1.7 dB MIWRU Y.Y. WaIM FARUNIT ENTERED CALCULATED 72 72D dB 0 +0.0 d8 OA •6.6dB a -OOdB 15.0 -21.OdB 44.4 dB 50dB Passes By 5.6 dB 2 Unks Combined: 49.8 dB Passes By 0.2dB Heightorsomce...... — ....... 1.6 H.I& of Banks ............... ..... 6.4 Hdsht of Receiver ................... 5 Swan to Bsrder.................. 6.0 Borer to Receivee................. 5.0 Difkm......................... 136 Fkighto[Swrm.......... ......... L6 Height of Bart'rr................. .... 6A Height of Receiver ................... 5 Swan toa rrkr.................. 10.0 Bsederto Remim ................. 5.0 DUkm..... _..... ............. a." Mi. I Min.B.W.Hel t... ..... 387 SoucdRtb Rom: 49.8 a. to a point of evaluation outdoors 39.8 b. To room through opm window(s) or opm door(s) , 32.8 0. toroom through closed single glass window(s) or door 26.8 d. torcom through dosed double glass window(s) cr solid wall AIR CONDITIONING AND REFRIGERATIONINSTITT7IE Standard for Application of Sound PAW Outdoor Equipment f..AlU3"drd27SU M3115 7A7 OneFOrd Rood "Summerbouse", Newport Beach Pacific BayHomu-MrkLmkin 440-7203 REPORT #97.173-A FRED /MIXF, revisions December 1997 CASE: "2B" SIDE -FACING (tad Prcfacnce) UNITS SAND W FROM PL TWO "LOUDEST" QUINT UNITS, OPPOSITE SIDES OF HOME 6.1' WAL. NEAR UNIT ENTERED CALCULATED Soundit.ft.fUWt(B.4) 72 72.0 dB I ofAdjmca Sudm wOAm 1O(0. 1. 2)-Ngo•2d3 1 +3.OdB RanksPrh DiOesora(L- L1+L2-D)-Par 4 13 -8.1 dB Sound Pub Factor (a. b. S d)-Pag.S a -0.0d0 Di.b=e From Unhto Receiver inFrt 10.0 -17.5 dB U'dm.IrdA-Wc4bbd SPL(+SdB) 49.4 dB NIGHTTMNOLSESrANDARD 50dB RESULTS Paves By 0.6 dB /rWl.nY+1.IN.eNI FAR UNIT ENTERED CALCULATED 72 72D dB 0 +OAdB 02 -O.OdB a -0.0 dB ae -33.7dB 383 dB 50dB Passes By W dB 2 Units Comdnod: 49.7 dB Paves By 03 dB Hci& of S......__...__..... 1.6 Hci& of Bari. ............. _--... 6.1 PAI& of Receives ................... 5 Souse to Brrir.................. 5.0 lAs'er0gerelvr................. 5.0 DIM.. ................... .._ LU Height of Somm....... ............ lA HeitwofBatrlr ..................... al 146t& of Roodvcr .................. 5 Souse to Bxri.................. 6a0 Ba,kr to Reoeim ................. 5.0 Dif,.......................... 020 Miv.Bu or Hei ...... I Mbo Hordes Nei ............. 474 Sound Pao Factor. 49.7 a to a point of evaluation outdoors 39.7 b. to room through open window(s) or open door(s) 32.7 C. to room through dosed single glass window(s) or door 26.7 d. to room though dosed double glass window(s) cr solid wall AIR CONDTIION NG AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor EgWpmwt f..Al33a 275" MBX47.07 One Ford Rod'Summerhouw". NewpwtBrrL Pacific Bay H®es- Mark I.mkin 440-7203 REPORT/97-173-A FRED /MBCE, mitiens December 1997 CASE: "3A" SIDE -FACING (latPreference) UNITS IV AND 35FROM PL TWO "LOUDEST- QUIET UNITS, SAME SIDE OF HOME 6.W WALL I of Ad)a.atSurfrs w06m 10 (0. 1.2)-Pare BanierPsth Dfffi rc (L-LI+L2.D)- SoundPathFaaa(4b,4d)- Douom From Unh to Reo:iver re....oe.u.r.a.e. NEAR UNIT FAR UNIT ENTERED CALCULATED ENTERED CALCULATED 72 720 dB 1 +3.OdB 0.6 -5.1 dB a .0.0dB 15.0 -21DdB 4&9 dB 50dB Passes By Ll dB 72 720 dB 0 +O.OdB 02 .0.6 dB a -00d3 40.0 .29.5 dB 41.9 dB 50dB Passes By &1 dB 2 Unha Combined: 49.7 dB Passes By 0.3 dB HurluofSowx....... .... ...... L6 Height of Bum. ..............._-... 6.0 HelahtofReodm.................. 5 Sowoe to Ban i m ................. 10.0 Bankr m Remiver.................. 5.0 DUac........................». 0.64 tk(thtofSaooc..... ..._...-....... L6 t1deluofBmi............... CC He&.Mccei.................. - 5 Sootoe to Batri................... 35.0 Buries to Receiver .................. 5.0 Difse........................... 023 Mies Buri.Hei 1............. 327 1 Mies Bam.Hei t............ 658 Sound PathFaeore 49.7 a m a point ofevaluation outdoors 39.7 b. to room through open window(s) or open door(s) 32.7 C. to room through dosed single glass window(s)or door 26.7 d. to room through dosed double glass window(s) or solid wan AIR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment Mrm ARISWdard275-E4 MHS-27.97 One Ford Road "Summerhouse", Newport Beach Pacific Bay Homes - Mark Lamkin 440-7203 REPORT #97-173 FRED / MIKE; revisions December 1997 CASE:. "3A" SID&FACING (Alternate Preference) EACH UNIT 35' FROM PL TWO "LOUDEST" QUIET UNITS, OPPOSITE SIDES OF HOME QUIET UNIT ENTERED CALCULATED Sound Rating of Unit (Bel M of Adjacent Surfaces within 19 (0, 1, 2) -Pages 2 & Barrier Path Diffaence (L= Ll +L2- D) - Page Sound Path Factor (a, b, c, d) - Page Distance From Unit to Receiver in Fe Estimated A-Weichted SPL (35d1 anwrrcnra.rt-wtaun 7.2 72.0 dB 1 +3.0 dB 1.97 - 0.0 dB a -0.0 dB 45.0-30.5dB 445 dB Passes By 55 dB 50 dB QUIET UNIT ENTERED CALCULATED VALUES VALUES 7.2 72.0 d3 1 +3.0 dB 1.97 - 0.0 dB a -0.0 dB 45.0 - 30.5 dB 445 dB SOdB Passes By 55 dB 2 Units Combined: 47.5 dB Passes By 25 dB Height of Source ...................... 1.6 Height of Barrier ........................0.0 Height of Receiver .................... 5 Source to Barrier (LI)...............A0.0 Barrier to Receiver (12)..............5.0 Difference .......................... 1.97 Min. Barrier Hei t.............. 4.62 Sound Path Factor. 475 a. to a point of evaluation outdoors 375 b. to room through open window(s) or open door(s) 305 C. to room through closed single glass window(s) or door 245 d. to room through closed double glass window(s) or solid wall Mestre Greve Associates February 2, 1998 Report #97-173-D Page 1 of 4 Mr. Mark Lamkin Pacific Bay Homes 4041 MacArthur Boulevard, Suite 500 Newport Beach, CA 92660 Subject: Air Conditioner Noise Analysis for One Ford Road "Summerhouse", Newport Beach Dear Mark, This report addresses the potential noise impacts from the air conditioners used for the Summerhouse project. The report will determine the potential air conditioner noise levels at the adjacent residences. Noise impacts on adjacent residences will then be compared to the City of Newport Beach Noise Ordinance. The noise ordinance specifies standards for new air conditioning equipment. New permits for heating, venting and air conditioning (HVAC) equipment in or adjacent to residential areas shall be issued only where the installations can be shown by computation (based on the sound rating of the proposed equipment) not to exceed a Sound Pressure Level of 55 dBA during the daytime hours, and not to exceed a Sound Pressure Level of 50 dBA during the nighttime hours. If the units cannot meet the 50 dBA nighttime standard, the units shall be installed with a timing device that deactivates the equipment during the hours of 10:00 p.m. to 7:00 a.m. The method of computation used shall be that specified in the "Standard for Application of Sound Rated Outdoor Unitary Equipment," Standard 275, Air-conditioning and Refrigeration Institute, 1984 or latest revision thereof. ARI Standard 275-84 methodology was used to determine the potential air conditioner noise levels at the adjacent residences. Noise ratings for the units being considered were obtained from the air conditioning condenser recap sheet for "Summerhouse" provided by Mr. Mark Lamkin of Pacific Bay Homes. The relevant portions of the recap sheet are attached. The developer plans to use units with up to 4 ton and 5 ton capacities, manufactured by Carrier. In the "standard unit" CKB top -discharge configuration, both units have noise ratings of 8.2 Bels (one Bel equals ten decibels). With these ratings the Ci 's nighttime noise standard cannot be achieved. even with sienificant noise barriers. 280 Newport Center Drive, Suite 230 9 Newport Beach, CA 92660 • (714) 760-0891 9 Fax (714) 760-1928 Report i197-173-D Page 2 of 4 in the recap sheet. with a noise rating of 7.2 Bels or less. One unit that meets this noise rating is the H side -discharge type units manufactured by Carrier. The 4 ton unit and the 5 ton unit in the HDC side -discharge model both have a noise rating of 7.2 Bels. In some locations, noise barriers will also be reg fired. There are two basic lot configurations where air conditioning unit noise from one residence affects another. One case is where two lots are adjacent to each other along the sides of the lots ("side -facing lots"). The other case is where a lot joins another lot at the rear lot line ("rear -facing lots"). In some cases, a lot may be affected by both types of adjacent lots. Buildings are as close as five feet from the side property lines. Some buildings are close to the City's minimum setback of 10 feet from the rear property lines. To represent a worst case scenario, the rear property line was assumed to be 10 feet from the building face. The first floor receptor is modeled 1 foot behind the property line, at pad elevation. The second floor receptor is modeled 5 feet behind the property line, at 10 feet above pad elevation. TWo units are to be used for each home. On rear -facing lots, the unmitigated noise level from the combined air conditioning units is calculated to be about 49.9 dB, as long as the nearest unit is at least 30 feet from the rear property line. This is below the City's Nighttime noise standard. No wall or other mitigation is needed for these lots. On rear -facing lots where the observer is closer than 30 feet from the rear property line, the unmitigated noise levels from the combined air conditioning units would exceed 50 dBA. On side -facing lots, the unmitigated noise levels from the combined air conditioning units would also exceed 50 dBA. For noise exposure levels greater than 50 dBA, some form of mitigation is needed. Some lots will need noise barriers in order to meet the 50 dBA standard Mr. Mark Lamkin of Pacific Bay Communities has provided drawings of each of the building plans, with the air conditioner unit placements that have been chosen. These scenarios are shown in Exhibits A through C. The barriers required for these scenarios are presented in Table 1. Report #97-173-D Page 3 of 4 Table 1 Barriers Required For Different Building Plans With Planned Air Conditioner Unit Configurations BARRIER BARRIER REQUIRED REQUIRED AT REAR PL AT SIDE PL CASE (height in feet) Plan 1 (see Exhibit A) 0 / 6.5* 6.5 Plan 2 (see Exhibit B) 0 / 6.5* 6.5 Plan 3 (see Exhibit C) 0 / 6.5* 6.5 PL - indicates "property line„ * - where rear setback is less than 30 feet Note: Data in this table is based on AC units with maximum noise ratings of 7.2 Bets each The table above shows that some lots in the project will require barriers in order to meet the 50 dBA nighttime noise standard. Where pad elevations are not equal, the noise barriers shall be located at top -of -slope. The noise barriers must have a surface density of at least 3.5 pounds per square foot, and shall have no openings or gaps. The wall may be constructed of stud and stucco, 3/8 inch plate glass, 5/8 inch plexiglass, any masonry material, or a combination of these materials. A wood fence is not acceptable. The developer plans to build 6.5' noise barriers at all lots. With these planned barriers, the air conditioner noise levels in all lots are projected to be in compliance with the exterior nighttime noise standard of 50 dBA at the first floor observer location behind the nearest adjacent property lines. In accordance with ARI Methodology, noise calculations for first floor observers were performed for the following four sound path factors: a) to a point of evaluation outdoors (yards, patios, courtyards) b) to room through open window or door c) to room through closed single glazed window or door d) to room through closed double glazed window or solid wall We have provided the resulting levels for items a, b, c, and d below. The distance for sound path factors b, c, and d are all the same; only the distance to sound path factor a will be different. The worst case first floor observer has been evaluated (1 foot behind the property line wall). Since any fast floor room would be farther from the source than this fast floor exterior observer, the results for sound path factors b, c, and d canbe considered worst case values for first floor observers. Report #97-175-D Page 4 of 4 As required by the City of Newport Beach, noise calculations were also performed for second floor observers: e) to second floor room through open window or door We have provided the resulting levels for item a below. Since any second floor room would be farther from the source than a fast floor exterior observer, the results for sound path factor a can be considered a worst case value for second floor indoor observers. It should be noted that some of these second floor interior noise levels exceed the levels allowed by the City's noise ordinance. The results of each of the cases (with the planned 6.5' barriers) are presented below in Table 2. Table 2 Projected -Air Conditioner Noise Levels (dBA) For Different Sound Path Factors CASE A B C D E Lots adjacent to rear facing lot 49.9 39.9 32.9 26.9 39.9 (Units > 30' from PL), No Barrier Lots adjacent to rear facing Plan 1 47.4 37.4 30.4 24.4 43.4* Lots adjacent to rear facing Plan 2 49.9 39.9 32.9 26.9 45.7* Lots adjacent to rear facing Plan 3 49.8 39.8 32.8 26.8 45.7* Lots adjacent to side yard of Plan 1 46.5 36.5 29.5 23.5 42.4* Lots adjacent to side yard of Plan 2 46.1 36.1 29.1 23.1 42.1 * Lots adjacent to side yard of Plan 3 42.5 32.5 25.5 19.5 38.6 PL - indicates "property line" * - indicates that the noise level exceeds City's indoor noise ordinance limit Note: Data in this table is based on AC units with maximum noise ratings of 7.2 Bels each The calculation data is shown in the sheets attached to this letter. If we can be of further assistance please do not hesitate to call. Sincerely, Mestre Greve Associates Fred Greve, P.E. Principal SUMMERHOUSE PLAN 1 (a.) Two Units, max 7.2 Bala each (b.) Minimum 6.5' Wall (c.) Minimum 13' from AC Units to Side PL (d.) Minimum 12' from AC Units to Rear PL W 0 .20 40 I 1 1 I 1" = 20' Exhibit A - Chosen Air Conditioner Unit Placement and Worst Case Observer Distances for Plan 1 0 '20 40 I 1 I its =20' SUMMERHOUSE PLAN 2 (a.) Two Units, max 7.2 Sets each (b.) Minimum 5.5' Wall (c.) Minimum 15' from AC Units to Side Pl. (d.) Minimum 5' from AC Units to Rear PL Exhibit B - Chosen Air Conditioner Unit Placement and Worst Case Observer Distances for Plan 2 0 20 40 I 1 .t 1 " = 2 0' SUMMERHOUSE PLAN 3 (a.) Two Units, max 7.2 Belo each (b.) Minimum ON Wall (c.) Minimum 33' from AC Units to Side PL (d.) Minimum 12' from AC Units to Rear PL Exhibit C - Chosen Air Conditioner Unit Placement and Worst Case Observer Distances for Plan 3 AC NZ Summ -D t1 ABR CONDMONING AND REFRIGERATION INSTnM StavdardfwAppUralbn ofSetrdRaled OutdoxEgWprent h�A tlft.dWd37SM a®F2747 OveFatd Rod-Svmmahouse". NMW Brach Pacifie BayH®u-MirkLaalrm 440.7203 REPORT097-173-D FRED IMME' , mvisims Fehvey 1998 CASE: PLAN VMM PLANNED 6S WALL IT FROM SIDE PL SEEEMBITA li i"Je Je i i' ie ie SamdRaeagauattwbi 72 72Ad8 aofAdjWMISafaorsrthml0(0.IA-Papa2t3 1 +3AdB BavierPath Diff a (L.M+12. D)-Pap L7 -8.1 dB SamdPath Fw (1644d)•Pap5 a -OAdB Diw PnxnUakw RwdmiaFen 14A -20AdB FiomrrdA-WeWftdSPL(tU% 4ti5 dB NIGHMMENOVESPANDARD SadB RPSIIL7S Passes By3.5dB ra.n.asr•rasrr I OA dB a +OAdB a! -65 dB a -OAdB 7U -343dB 4LO dB 51 dB Pares By 9LO dB 2 Unks Cmbined: 46.5 dB Paw By 3SdB Hts&Qfsaave..... ...._....... u BEdshtofBamw...............W... BsislaofRemduet................ 3 sane m llwri.................. 13A Ba rkreolteeeivar................. IA DYRasan.......... ..... 129 lklW.ofSoma,...... _............ if Ihts)aofBa ra.............�-... (3 Ndshtoflteodi ................ 5 Sowoe w Bxrier.................. 7" Baderw Reoeim................ U I)Wf m................_ atf M. B.,ewId .... I W.BaaiW ............ 495 SamdRthRoon 46.5 a. tonpomtofevaluationcutdoors 365 b. tox thmghopmwindow(s)aropendow(s) 295 C. tosoom thmogh closed single glaze window(s)a•door 235 d. to=snth=gh dosed doubt:glasswindow(s) arsolid wall 42A C. to second Eocrmom tbmgh open wmdow(s)cropen door(s) AIR CONDITIONING AND REFRIGERATION INSTITUTE SUndud for Applk+tbn of Soled Rated Outdoor Equipment kmABIS"Am 27S$4 IR5A747 OmFatd Road "Somma6wse". Nowportilwl FacificBryHames-Mork1 sml6a 440.7203 RFPORTM97-173-1) FRED/MBCE; midaosFchuny 1998 CASE: PLAN 1 WITH PLANNED 6S WALL ITAND49FROMREARPL SEE EXIIIBIT A a1� r SumdRetmsofUnn(Brb) 72 720 dB IofAdJWMCZ &Ufimwidda 1991,2)-Pep2 t3 1 +3AdB Smim P.& Dlffm(L.Ll+L2. D)-Np4 Li -83 dB SomdPh&Mamr(a, b6ad)-Rsa1 . -OAdB Di —PkamUumRaoeimial1w MA -19.7 dB E,dmMdA-Wek*WSPL(iSM 47.0 dB NEHITIABNMESPANDARD 58 dB RESULTS Passes By 10 dB /YWaweW.e�ervrl AC NZ Sulm -D /3 73 72.0 dB I +3AdS 6.9 -6.7dB a -OAdB NA -313dB 37.0 dB 56 dB Pores By 13.0 dB 2 Unto Cmbinod: 47.4 dB Passes B7 16 dB Height of Some ..... ....._....... lA W& of Burier.............. .... 63 Hd6htofReoeim.... ........... _ S SmosmBwrir.................. as BNSIm Reeiv.................. U Mkno.-------- ------- L33 SmmdpeORam 47A a toapomtofevaluationootdoors 37A b. for nthmughopm window(s)oropeadom(s) 30.4 o. totoomthmugh closed singleglass window(,)ardoor 24A d. toroomiduough dosed double glass window(s)asolidwaB 43A a tosxmdfloatoam through apm w'indow(s)mopmdoa(s) HeightofSoaoe..... ._........... Ld Nashtammii ............_...6.3 lld&L Mccdo ................ S Sa %,Bwd.................. Y.6 &af er m Reaehw ................ 1J ^uc--.- ..................._ W I W=BWj-Tk ............ 493 AM CONDITIONING AND REFRIGERATION 1NsnTuTE Standard rwApplkWsa olSewdRated Outdoor Equipment h.ARISa"W27544 e094747 Ow Ford Rod "Summerhouse", NcwpodBcsch Pacific Bay Homa-MwkT—kin 440.72M REPORTY97-173-D RED / MNXF; revisions Fehuwy 1998 CASE: PLAN 2 WITH PLANNED 6S WALL ISAN D5UFROMSIDEPL SEE EXHIBIT B SomdpuhFe (k ra....ere.erwn NEARDNIT ENTERED CALCULATED 72 72D dB 1 +3AdB 1.2 -7.9de a -OAdB 16.6 -213d8 455 dB 50 dB Passes By 45 dB AC NZ Summ -D #5 FAR UNIT ENTERED CALCUI.A7m 72 720 dB 3 +3Ade u -6.7dB a -OAdB S1A -31.6dS 36.7 dB 5adk Passes By 133 dB 2 Unks Combined: 46.1 dB Passes By 3.9dB Bei&ofso ..... ._.... ...... 1.a 14i{luofBurk,............. ......... f5 fki&ofkaceiver. ................... S Scum m Brdw.................. is.* &cirmvmhw.................. Le DYfemrs ........................- IM 1ki& atSaaae..... 1A Ikl&of&rti................ i3 Belgbzomaccl r.................. S Sa.mwBrd:........... _..... Sal BeciwvRamiwv.................. La Djffa ......................... am Mm. Bmter& ............. 4.79 1 W .Brrirr&' ............. 4.93 SamdFa6Rcm: 46.1 a tonpointofevalustioncutdoms 36.1 b. totoomthrough open widow(s)or opm dom(s) 291 c. toroomthrcugh closed singleglsu wmdow(s)ordoor 231 d. tosoomthrcugh closed doubk:glsss window(:) orsotidwall 421 a to second Bocrroem through open window(s) or open door(s) AIR CONDf[TONING AND REFRIGERATION INSTITUTE Standard for Application of Sotad Rated Outdoor Equipment fmmAOl3WWwd27Sis hMS4747 OmFead Rod'Bummeshuuw", Newport Beach PacT=BayHomm-Mwkl—sda 440.7209 REPORT 097.173-D FRFD /MBCE, mviaimsFektamy 1995 CASE: PLAN 2 WrM PLANNED 4SWAIL VAND371ROMRFARPL SEE BXM Y B #ofAdje SYrtm.Lida IV(O. 1.2).Pap Buret PoiDffo (L-LI+12-D)- Scmdh&lien[(s,b,ed)- rar+srr•aasost NEARUNIT EMERPD CALCULATED 72 72.0 dB 1 +3AdB 1A -9AdB a -OAdS 9.9 -IOdB 49.5 dB s9 dB Passes By O.S dB AC NZ Surnm -D 97 FAR UNIT PNIPRID CH.CUTAM 72 7200 I +3AdB L9 -69dB a -OAdB 3L9 -29.1d0 39.0 dB 590 PasaeaBy ILOdB 2 Units Combined: 49.9 dB Passes By 0.1dB Hdsht of Sturm.........-....... IA Heiahtof0uriv...............�... is Heijhto[Receiver................ 6 SouemmBmiv.................. u Be imru,F oeivv.............. _.. L9 DYfunm..................._ L% Hd&ofsoum..... _........ Ld Hei&OfBmrdv..............—... LS Belch[ofReoetvv.................- 5 Soveam 0niv.._.........._.. 379 BurlermRemfva.................. Le Diff .................. ON Mm. Buely He .. I W.B.Wtw ............ 491 Stumd PuhRoa: 49.9 e. to a point of evaluslim outdoom 399 b. totoomthrough open window(,) or open door(s) 32.9 0. totoomthrough dosed sisglegl m window(s) ardour 26.9 d. to room through dosed double glass window(,)m wild wall 45.7 a to second Dowesoomthtaugh open window(s) or open door(s) AIRCONDMON NG AND REFRIGERATION INSTITUTE Staodwd forAppiledim OrSand Rated Outdoor EgWpmmt Ia AnlwW427544 I K=47 Oae Fad Road Sommerboose", N"4md Berl PacificBsyHoma-Mrkl—kin 440.7203 REPCRT097-173-D ERMIblmE: mvwansFckory 1998 CASE: PLAN W17H PLANNED 6S WALL 33'AND 37 FROM SIDE PL SEBEXH1BrrC eof AdJaaotSubms wnhb IO(0.1.2)-P.eu 2! BaaW M DiCeeam (L. L1+L2-D)-Hen . So odAt!Eae w(a. b.4d). Pam IYWOW41ryA NEARUNIT ENTERED CALCULATED 73 720 d3 I +3.OdB Le -7AdB a -O.OdB 34e -28.ldB 399 dB HU Pasty By 10.1 dB AC NZ Senn -D /B FARUNrP ENTERED CALCULATED 72 72D dB 1 +3AdB Le -69dB a -O.OdB 3Le -29.IdB 39.0 dB Se4B Paves By 11.0 dB 2 Unks ComUmd: 425 dB Pawn By 7.5 dB Hcl&ofsoucs..... ...._....... u newaorBur'c............... u 1klshtofkwdiw.................� 3 Sauce to ihak, ................. 33.0 BtaiurtokeoNw.................. Le IWkreaa.---------------- LM lkdthrofSou o......_...y....... Is I to & of B niw .............. __... 65 Hd&ofkooeiw................._ 5 Seam to Busiu.................. 37.6 Barrier w keoeiver.................. IA Ualeruat._....------- --- 1A7 M-Burkr)k ............ —4-9-0-1 1 Mm.Buriu Fle .........._ 491 Saud PathFaoa: 42.5 a. to a point ofcvaluadom outdoors 32.5 b. to room through open window(:) or open door([) 25.5 C. to room through closed sin& glass window(s) or door 19.5 d. toroomthmugh closed doubkglav window(s)ersolidwall X6 e. wo dDoaroomdro ghopmwindow(s)mopmdoa(s) AIR CONDITIONING AND REPRIGERATIONINSTITUTE Standard forApptiatton ofSamdRated OalduwEguipment fnmALmsIrd273a4 MRSW*7 One Fad Road -Summerhouse, Newport Bewb Pwi4e BsyHomes-Mark Laakin 440-7203 REPORT 097-173-D FREDIMBCB; mvisionsFebntey 1998 CASE: PLANS VM PLANNED 65 WALL IT AND ITFROMREAR PL SEEEXHIBITC #Of Maomtbvfrs whhin 10 Al. DiYmBtom Oohto rw.er..eswsrw NEARUNfr ENTERED CALCULATED 72 72D dB I +3.0da 13 -83dB i -ODdB 13.a -19.7 dB 47.0 dB 54 dB Passes By 10 dB AC NZ Surnm -D MI t FARUNIT t341ERM CALCULATED 72 720 dB 1 +3.OdB L3 -B.ldH a -OOdB Ida -2DAdB 46.5 dB s• dB Para By 3S dB 2 links Combined: 49.8 dB Pa MBy 0.2dB 1eIgc a Boons............... li Ildshtofil i ............._...6J WisMofgeaim.................- 3 Sawn to Bwdw ................. 12s Bsaierm lt..0 m.................. l e nun.. ....-....-.-.-.-..- IM Ifciahtofsouos..... .Y.._..... u IlsiahlofBeiw............._... d3 H4,bafR*Ddw...... .......... .- S Saco w 8aei¢.............. _.. I" Btrt'rrtoltuch e................. IA DhTa --.-.-.-.-.-.-.— L28 Mm. B. I.H6 ............. 474 Afar. BarticFle ........ a76 Samdlith% w: 49.8 a. toapumtofevaluadonoutdoors 39.3 b. toroomthlwghopeawindow(s)aropendoa(s) 32.8 a. torcom through closed single glace wmdow(s)mdear 26.8 d. to roam through dosed double glass window(s)ar solid wall 45.7 0, to second JIMwam through open windows)or upon dom(s) ONE FORD ROAD AIR CONDITIONING CONDENSERS SUMMERHOUSE PLAN STANDARD BONUS PLAN PLAN TONS GELS" TONS BELS" 1STCONDENSER 5 7.2/8.2 2ND CONDENSER 2 6.8/8.0 PLAN 2 1STCONDENSER 5 7.2/8.2 2ND CONDENSER 2.5 6.8/8.2 PLAN 3 1STC0 DENSER 4 7.2/8.2 2ND CONDENSER 4 7.2/8.2 `QUIETEST UNITS/STANDARD UNITS urvi 10 NIT DIMENSIONS: =3TONS: T1"x1'3" & 5 TONS: 3' 9" x 1' 6" LNG SIDE IS PARALLEL TO & 6" AWAY FROM BLDG STANDARD UNITS MOUNTED 6" AWAY FROM BUILDING WALL. UNIT DIMENSIONS: ASSUMED TO BE 4" HIGH. X18 22 ACCONDEN.XLS pig at13-91 Mestre Greve Associates January 19, 1998 Report #97-175-A Page 1 of 5 Mr. Mark Lamkin Pacific Bay Homes 4041 MacArthur Boulevard, Suite 500 Newport Beach, CA 92660 Subject: Air Conditioner Noise Analysis for One Ford Road "Stonybrook", Newport Beach Dear Mark, This report addresses the potential noise impacts from the air conditioners used for the Stonybrook project. The report will determine the potential air conditioner noise levels at the adjacent residences. Noise impacts on adjacent residences will then be compared to the City of Newport Beach Noise Ordinance. The noise ordinance specifies standards for new air conditioning equipment. New permits for heating, venting and air conditioning (HVAC) equipment in or adjacent to residential areas shall be issued only where the installations can be shown by computation (based on the sound rating of the proposed equipment) not to exceed a Sound Pressure Level of 55 dBA during the daytime hours, and not to exceed a Sound Pressure Level of 50 dBA during the nighttime hours. If the units cannot meet the 50 dBA nighttime standard, the units shall be installed with a timing device that deactivates the equipment during the hours of 10:00 p.m. to 7:00 a.m. The method of computation used shall be that specified in the "Standard for Application of Sound Rated Outdoor Unitary Equipment," Standard 275, Air-conditioning and Refrigeration Institute, 1984 or latest revision thereof. ARI Standard 275-84 methodology was used to determine the potential air conditioner noise levels at the adjacent residences. Noise ratings for the units being considered were obtained from the air conditioning condenser recap sheet for "Stonybrook" provided by Mr. Mark Lamkin of Pacific Bay Homes. The relevant portions of the recap sheet are attached. The developer plans to use units with up to 4 ton capacities, manufactured by Carrier. In the "standard unit" CKB top -discharge configuration, the units have noise ratings of 8.2 Bels (one Bel equals ten decibels). With these ratings. the City's nighttime noise standard cannot be 280 Newport Center Drive, Suite 230 • Newport Beach, CA 92660 • (714) 760.0891 • Fax (714) 760-1928 Report #97-175-A Page 2 of 5 Exhibit 1 shows the types of locations at which air conditioning noise analyses were performed. There are two basic lot configurations where air conditioning unit noise from one residence affects another. One case is where two lots are adjacent to each other along the sides of the lots ("side -facing lots"). The other case is where a lot joins another lot at the rear lot line ("rear -facing lots"). In some cases, a lot may be affected by both types of adjacent lots. The receptor is located 5 feet behind the property line. TWo units are to be used for each home. On rear -facing lots, the unmitigated noise level from the combined air conditioning units is calculated to be about 49.9 dB, as long as the nearest unit is at least 30 feet from the rear property line. This is below the City's Nighttime noise standard. No wall or other mitigation is needed for these lots. On rear -facing lots where the observer is closer than 30 feet from the rear property line, the unmitigated noise levels from the combined air conditioning units could be as high as 52.6 dBA. On side -facing lots, the unmitigated noise levels from the combined air conditioning units could be as high as 54 dBA. For noise exposure levels greater than 50 dBA, some form of mitigation is needed. Some lots ots. will need noise barriers in order to meet the 50 dBA standard. The barriers required are presented "SIDE -FACING" S38 13-1 BC 13-3 n3•-s� � .39 , r 3-4ER , "REAR -FACING" i 2?' � rzj•-s� � .39 34 ' � r -16C 3-4ER , Exhibit 1 - Examples of Side -Facing and Rear -Facing Lots MESTRE GREVE ASSOCIATES Report #97-175-A Page 3 of 5 Table 1 Barriers Required For Different Yard CASE Configurations 1) Rear -facing lot to Rear -facing or Side -facing lot AC Units at least 30' from PL 2) Rear -facing lot to Rear -facing or Side -facing lot AC Units closer than 30' from PL 3) Side -facing lot to Side -facing lot PL - indicates "property line" BARRIER LOCATION HEIGHT REQUIRED none Rear PL 6.5' Side PL 5.5' The table above shows that some lots in the project will require barriers in order to meet the 50 dBA nighttime noise standard. The noise barriers shall be located at top -of -slope. The noise barriers must have a surface density of at least 3.5 pounds per square foot, and shall have no openings or gaps. The wall may be constructed of stud and stucco, 3/8 inch plate glass, 5/8 inch plexiglass, any masonry material, or a combination of these materials. A wood fence is not acceptable. With these required barriers, the air conditioner noise levels in all lots are projected to be in compliance with the nighttime noise standard of 50 dBA at the first floor observer location behind the nearest adjacent property lines. Typical examples of Plan 1, Plan 2, Plan 3, and Plan 4 homes (with the chosen air conditioner unit placements) are shown in Exhibit 2, Exhibit 3, Exhibit 4, and Exhibit 5, respectively. o so ao L I 1 1 = a0' Exhibit 2 - Typical Example of Air Conditioner Units and Observer Distances for Plan 1 0 20 40 1 1 t 1 1 1" = 20' Exhibit 3 - Typical Example of Air Conditioner Units and Observer Distances for Plan 2 C; I L 0 20 40 1'" = 20' 33` 451 r- I I I I i ----- r- J Exhibit 5 - Typical Example of Air Conditioner Units and Observer Distances for Plan 4 Report #97-175-A Page 4 of 5 In accordance with ARI Methodology, noise calculations for first floor observers were performed for the following four sound path factors: a) to a point of evaluation outdoors (yards, patios, courtyards) b) to room through open window or door c) to room through closed single glazed window or door d) to room through closed double glazed window or solid wall We have provided the resulting levels for items a, b, c, and d below. The distance for sound path factors b, c, and d are all the same; only the distance to sound path factor a will be different. The worst case first floor observer has been evaluated (5 feet behind the property line wall). Since any first floor room would be as far or slightly farther from the source than a first floor exterior observer, the results for sound path factors b, c, and d can be considered worst case values for first floor observers. As required by the City of Newport Beach, noise calculations were also performed for second floor observers: e) to second floor room through open window or door We have provided the resulting levels for item a below. Since any seond floor room would be as far or slightly farther from the source than a first floor exterior observer, the results for sound path factor a can be considered a worst case value for second floor indoor observers. It should be noted that some of these second floor interior noise levels exceed the levels allowed by the City's noise ordinance. Report #97-175-A Page 5 of 5 The results of each of the cases (with the required barriers) are presented below in Table 2. Table 2 Projected Air Conditioner Noise Levels (dBA) For Different Sound Path Factors CASE A B C D E Lots adjacent to rear facing lot 49.9 39.9 32.9 26.9 39.9 (Units > 30' from PL), No Barrier Lots adjacent to rear facing Plan 1 49.7 39.7 32.7 26.7 41.6* Lots adjacent to rear facing Plan 2 49.9 39.9 32.9 26.9 40.7* Lots adjacent to rear facing Plan 3 48.8 38.8 31.8 25.8 39.9 Lots adjacent to rear facing Plan 4 49.6 39.6 32.6 26.6 40.2* Lots adjacent to side yard of Plan 1 48.4 38.4 31.4 25.4 38.4 Lots adjacent to side yard of Plan 2 46.3 36.3 29.3 23.3 36.3 Lots adjacent to side yard of Plan 3 49.7 39.7 32.7 26.7 42.6* Lots adjacent to side yard of Plan 4 49.6 39.6 32.6 26.6 42.6* Pl. - indicates "property line" * - indicates that the noise level exceeds noise ordinance limit The calculation data is shown in the sheets attached to this letter. If we can be of further assistance please do not hesitate to call. Sincerely, Mestre Greve Associates Fred Greve, P.E. Principal AC RF Plan 1 AIR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment MmARI51mWwd27341 M118-29-97 One Ford Road "Stonybrook", Newport Beach Pacific Bay Homes - Marc Lamkin 440-7203 REPORT N97-175-A FRED / MIKE, January 1998 CASE - Two "LOUDEST" QUIET UNrr3 UNITS 23 FEEF FROM REAR PL NEEDS 6.W WALL (SEE EXHIBIF 2) QUIET UNIT QUIET UNIT ENTERED CALCULATED ENTERED CALCULATED Sound Rating ofUnit(Bets) 7.2 S ofAdjv..n Surfaces within IV (0, 1, 2)- Pages 2 & 3 1 Barrier Path Diffetcaa(L=L1+L2-D)-Page4 0.31 Sound Path Factor (a, b, c, d)-Page 5 a DiwnceFrom Unit to Receiver in FWI 28.0 NIGHTTAIE Passes By 72.0 dB +3.0 dB -1.9 dB -0.0 dB - 26.4 dB 46.7 dB 50 dB 3.3 dB VALUES VALUES 7.2 77.0 dB 1 +3.0 dB 0.31 -1.9 dB a -0.0 dB 28.0 -26A dB 46.7 dB SOdB Passes By 3.3 dB 2 Units Combined: 49.7 dB Passes By 0.3 dB Height of Source ................. 1.6 Height of Receiver ............... 5 Source to BmTkr.................. 23.0 Barrier to Receiver ............... 5.0 LI............. 23.417 L2............. 5.099 D.............. 28.206 Dnrereoce ......................... 0a1 Min Bartier Height ............. 4.39 BARRIER HEIGHT 6.Ot Sound Path Factor. 49.7 a. to a point of evaluation outdoors 39.7 b. to room through open window(s) or open door(s) 32.7 c. to room through closed single glass window(s) or door 26.7 d. to room through closed double glass window(s) or solid wall 41.6 e. to second floor room through open window(s) or open doors) Page 1 of 2 F AIR CONDITJONING AND REFRIGERATION INSWETTE Standard for Application orSound Rated Outdoor Equipment has ARl SI.""27546 0®i2997 One Ford Road "Stonyhraok", Newport Beach Pecan:Bay Hama-MacLmkm 440.7203 REPORTM97-175-A FRED JMME, January 1998 CASE: TWO "LOUDEST- QUIET UNUS MIS 19 FEErand33 FEET FROMSIDE PL NO WALL REQUIRED (SEEEXHIBIT2) 0ofAdja Swfamwbhm 10(0, 1,2)-Para2 Sound Pub Reor (a. b, al d) Dlm=a Rom Udaw R=im PAhaled A -We igbted SPL rar+oaue,•raaara AC SF Plan I NEARUNrr FARUNIT ENTERED CALCULATED ENTERED CALCULATED 72 72,0 dB 6 +OOda 19 -o.OdB a -0.0d11 24.0 -25.1 d8 46.9 dB 50d11 Passes By 3.1 dB 72 72.0 dB 0 +O.OdB 2.0 -O.OdB a -OOdB X0 -29.1 dB 42.9 dB 50d11 Passes By 7.1 dB 2 Units Combined: 40.4 dB Passes By L6dB IWAIofsowce..... _............ L6 Height of Baniv.............. _._... 0.9 HeightofRtziver..................- 5 Sourm w Baaier.................. 19.0 Barrier to R.Nu.................. 5.0 Difftaeaoa ......................... I90 Height of Soweu......-....._....... 1d Height offla rier .................... 09 Msbt of Reaiva................... 5 Sow¢ to Burkr.................. 33.6 Baaiwto Rbo:hv ................. 59 Difkft m......................... L% Min. Harder Nei L............. 429 M. Harderp i ............ 455 SocndRthFd . 4&4 a toapointofevaluadonootdcors 3&4 b. to room through open window(s) or open door(s) 31A C. to room through closed single glass wiadow(s)or door 25A d. to Boom through closed double glass window(s) or solid wall 38.4 a to second floor room through open window(s) or open dcor(s) AIR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment 0araAa1Staaird27544 MHa•2947 One Ford Road "Stonybroolc , Newport Beach Pacific Bay Homes - Marc Lamlin 440-7203 REPORT #97475-A FRED / MIKE, January 1998 CASE: TWO "LOUDEST" QUIET UNITS UNITS 26 FEET FROM REAR PL NEEDS 5.9' WALL (SEE EXHIBIT 3) N of Adjacent Surfaces within 10(0, 1, 2) - Pages 2 BuricrPath Differcnce (L=Ll +L2-D)-Pa Sound Path Factor (a, b. c, d)- Pa Distance From Unit to Receiver in NIGHITZIE AC RF Plan 2 QUIET UNIT QUIET UNIT ENTERED CALCULATED ENTERED CALCULATED 7.2 1 0.25 a 31.0 Passes By 720dB +3.0 dB - 0.9 dB -0.0 dB -273 dB 46.8 dB SOO 3.2 dB VALUES VALUES 7.2 72.0 dB 1 +3.0 dB 0.25 - 0.9 dB a -0.0 dB 31.0 -273 dB 46.8 dB sods Passes By 3.2 dB 2 Units Combined: 49.9 dB Passes By 0.1 dB Height of Source ................. 1.6 Height of Receiver .............. 5 Source to Barrier .................. 26.0 Bercia to Rativa............... 5.0 Ll............. 26353 L2............. 5.080 D.............. 31.186 Difference ....................... 0.25 Min. Barrier Height .............. 4.45 BARRIER HEIGHT $.9r Sound Path Factor. 499 a. to a point of evaluation outdoors 399 It. to room through open window(s) or open door(s) 329 c. to room through closed single glass window(s) or door 269 d. to room through closed double glass window(s) or solid wall 40.7 e. to second floor room through open window(s) or open door(s) Page 1 of 2 AC SF Plan 2 t AIR CONDITIONING AND REFRIGERATIONINSTT UTE Standard for Application of SoundRaled Outdoor Equipment rrm ARi Stua.A27544 MUS41M One Ford Rod "Stonybrook", Newport Beach Pacifa: Bay Huron - Marc I�okin 440.7203 REPORT M97-175-A FRED JMMG January 1998 CASE: TWO "LOUDEST" QUIET UNITS UNITS 24 FEET and 52FEET FROM SIDE Pl. NO WALL REQUEtED (SEEEXHIBrr3) NEAR UNIT FAR UNIT ENIFJIED CALCULATED ENIIRPD CALCULATED S000d Ruing ofUrdt(Br1r) 72 720 d9 OofAdj a Sudares vddtm to A 1, 2)-Pager2 d3 0 +OOdB BuriaPub Dlff w (1,. LI+L2-D)-Poae4 19 -OOdB SamdP,IhRaa(.6b.cA-hv5 a -0.0d11 Dias— Rout link to FUxxhw inrtel 29.0 -26.7d8 Eu®r3zdA.WeiabxdSPL(S5dB) 453 dB NIOHITIDf8NOL5ESPANDARD 50dB RESULTS Passes By 4.7 dB �ur+resu.u.ww++ 72 72OdB 0 +OOdB 2.0 -OOdB a -O.OdB 51.0 -326dB 39.4 dB SOdB Passes By 10.6 dB 2 Units Combined: 46.3 dB Passes By 3.7 dB Heightofsoume...... ..._..... L6 Hefyht of Burcr...................... 0.0 MalaofRoaiva.................— 5 Source 10 Bud. ................. 24.0 Buder to Realvee................. 5.0 Difra ._............._....... L93 Height ofSoutte............... IA Height of Buries .............. ___... OA ffeighrofRe,.! ................. _ 5 Sours to Buric.................. 610 Ervier to Naives .................. 5.0 Difkr<aee....................... — Im M'm. Buda Hei L..........._ 4A7 I I Min.B.,!Wkht........... 4.70 S.udPnh Rum.. 463 a toapomtofevalualionoutdoors 36.3 b. to roomthrmgh cpm window(s) oropm doors) 293 C. toroomthmaghcloscdsingteglasswindow(s)ardoor 23.3 d. to room through closed double glass window(s)awild wall 363 C. W sccand floorrocm through open windows)or open door(s) AC RF Plan 3 AIR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment &MAa151adni27344 Dffia29-ff One Ford Road "Stonybrook". Newport Beach Pacific Bay Homes - Marc lamldn 440-7203 REPORT M97-175-A FRED /MILE; January 1998 CASE: TWO "LOUDEST" QUIET UNITS UNITS 29 FEET FROM REAR PL NEEDS 6.W WALL (SEE EXHIBIT 4) QUIET UNIT QUIET UNIT ENTERED CALCULATED ENTERED CALCULATED Sound Rating of Unit (Bets) 7.2 MofAd*=tSurfaces within ENO. 1,2)-Pagu2&3 1 BarrierPath Difference(L=Ll+L2-D)-Page4 0.26 Sound Path Factor(a, b, c, d) -Page 5 a DistanceErom UnittoRcceiVeinFeet 34.0 Estimated A-Weigbted SPL (*SdB) NIGH TTA7E NOISE STANDARD Passes By 77-0 dB +3.0 dB -1.1 dB -0.0 dB - 28.1 dB 458 dB 50 dB 4.2 dB VALUES VALUES 7.2 720 dB 1 +3.0 dB 0.26 -1.1 dB a -0.0 dB 34.0 -28.1 dB 45.8 dB 50 dB Passes By 4.2 dB 2 Units Combined: 48.8 dB Passes By 1.2 dB Height of Source ................... 1.6 Height of Receive ............... 5 Sourer to Barrie .................. 29.0 Barrie to Receive ............... 5.0 Ll............. 29332 12............. 5.099 D.............. 34.170 Difference ......................... 0.26 Min. Barrie Height .............. 4.50 r BARRB1tHEIGHT 6.Ot Sound Path Factor. 488 a. to a point of evaluation outdoors 388 b. to room through open window(s) or open doors) 318 c. to room through closed single glass window(s) or door 258 d. to room through closed double glass window(s) or solid wall 399 e. to second floor room through open window(s) or open door(s) Page 1 of 2 AC SF Plan 3 n AIR CONDITIONING AND REFRIGERATIONA)STITVIE Standard for AppikaUon erSotmd Rated O%*loorEguIpment Ir AalStaa6r427544 MRS-29d7 Oncl;md Road"Stanyhrook", Newport Bcrh Pacific Bay Homcs-Mare Lamkin 44U-7203 REPORT097-175-A FRED/MBCE; January 1998 CASE: TWO "LOUDEST" QUIET UNITS UNITS 8 FEET and 38 FEET FROM SIDEPL NEEDS 5.4' WALL (SEEEXHD)rr4) NEAR UNIT FAR UNIT ENTERED CALCULATED ENTERED CALCULATED Sound BatioaofUdt(Bets) 72 720 dB a ofAdjstaa 5wfs within lD(0. 1, 2). Psgc 2 A 3 a +ODdB BsrcitnP.thDiffac m(L. LI+L2-D)-MV4 aA -3AdB Sound PslhR=(e, b. S d)- Pape S a -0.00 Dim.Fmm Unhm RCmlvcmFmt 13.6 -19.7d8 RamaudA-W.10WSPL(t5d0) 489 dB IIIGHTTMBNOISESTANDARD 50 dB RESULTS Passes By L1 dB rsrrmuu.satsater 72 72.0 dB a +OOdB al -ODdB -OOds 43A -30.1 dB 419 dB 50 dB Passes By &1 dB 2 Unks Combinad: 49.7 dB Passes By 0.3 dB Height of Source..... _... ._....... 1.6 Heght of Budc............. 5A Height of aariv.................. — 5 SouroetoB.rier.................. a0 Buller m Receive ................. 5.0 Dilfe ................. .... _ OA4 IkiatnafSoutoe....... ... ._...... Lf 1lel&)n0fBatrs r............... ..... SA IklghrofRereivc.................. 5 Source m Buric.................. 30.0 Ba.iertOk=lver.................. S.a Min Burk Height, ............ 569--1 1 Min Sound Pith Fracr. 49.7 a toapointofcvaluaion outdoors 39.7 b. tor0om through open window(s) or open door(s) 32.7 C. to room through dosed single glass window(s) a door 26.7 d. to room through dosed doublo glass window(s) a solid wall 42.6 C. to second Boa room through qxa window(s) mopen door(s) AIR CONDITIONING AND REFRIGERATION INSTITUTE Standard for Application of Sound Rated Outdoor Equipment ham ARISIWrtA275-f4 MH0.29697 One Ford Road "Stonybroor, Newport Beach Pacific Bay Homes - Marc Lamldn 440-7203 REPORT M97-175-A FREDJMIKE; January1998 CASE: TWO "LOUDEST" QUIET UNITS UNITS 28 FEET FROM REAR PL NEEDS 5.V WALL (SEE EXHIBIT 5) a of Adjeccat Surfaccs within 10' (0, 1, 2) Burier Path Diffactim (L =L1 +L2 Sound Path Factor (a, b, DislanceProm Unit toRc Estimated AG RF Plan 4 QUIET UNIT QUIET UNIT ENTERED CALCULATED ENTERED CALCULATED 7.2 1 0.23 a 33.0 Passes By 72.0 dB +3.0 dB -0.6 dB - 0.0 dB -27.8 dB 46.6 dB 50 dB 3A dB VALUES VALUES 7.2 720 dB 1 +3.0 dB 0.23 -0.6 dB a -0.0 dB 33.0 -27.8 dB 46.6 dB 50 dB Passes By 3A dB 2 Units Combined: 49.6 dB Passes By 0.4 dB Height of Souece................... 1.6 Height of Receiva............... 5 Somcc to Barrier .................. 28.0 Buria to Receives ............... 5.0 Ll............. 28328 12............. 5.080 D.............. 33.175 DlRerence ......................... 0.23 Min. Barrier Height .............. 4.48 BARRIER HEIGHT $.9t Sound Path Factor. 49.6 a to apoint of evaluation outdoors 39.6 b. to room through open window(s) or open door(s) 32.6 c. to room through closed single glass window(s) or door 26.6 d. to room dimugh closed double glass window(s) or solid wall 40.2 e. to second floor room through open window(s) or open door(s) Page 1 of 2 n AIR CONDITIONING AND REFRIGERATION INSTMITE Standard for Applkallon orSound Rated Outdoor Equipment I.Atl R.""27Sa4 a®a20+r7 One Fad Road "Ssmybaook", Newport Beach Pacific Baylloma-MamLa Wn 440-7203 REPORT 097-175-A FRBD %MIXF; Tammy 1998 CASE: TWO "LOUDEST" QUIETUNTTS UNITS 8 FEET and40FEET FROM SIDEPL NEEDS SW WAIL, (SEEEmmrr S) 0cfAdjr Swbonritha10(0.1,2)-Pat"2 B.krPuhDiffm v (L=Li+L2-D). pr DWm From Unhm Receiverh Rdi , WA-WelahtedSA.(t .r WaOrYY�Ylailfl AC SF Plan 4 NEARUNIT FARUNIT ENTERED CALCULATED ENTERED CALCULATED 73 720 dB 0 +OAdB 9.4 -3AdB -0.OdB 13.0 -19.7da 4&9 dB 50dB Passes By Ll dB 73 72O dB 0 +O.OdB 0.1 -0.00 + -0.0 dB 45.0 -30SdB 41.5 dB 50dB Passes By 8S dB 2 Units Combinad: 49.6 dB Passes By OA dB lteWa of Sou=........_..._...... 1.6 Bdyht cf Bm1 a ..............._... 5.4 He)tWofReoeiva..................- 5 Source m Baeer.................. AO Bmkr m Pe Wa ................. 5.0 DUkm....................... — 0.44 Hd& of Soa=..... _........... 1.6 Becht of Buda ..................... SA 1ldthtcM..iva.................— 5 Sacra W Bm'rr.................. 40.0 Burkr to Realva.................. 5.0 Dukrtece...................... — 0.07 M. Burka Bei .........-. 3.69 1 1 Mhll.,ia Bel 462 Sound Pathli& t .. 49.6 a m npomtof evalua ion outdoors ` 3%6 b. to room through open window(s) 0r open door(s) 32.6 C. to r0001 through closed single glass window(s)or door 26.6 A to roam through closed double glue window(s) or solid wall 416 0. to second floor man through opm window(s)cr open dom(s) ONE F• D ROAD AIR CONDITIQNIAG CONDENSERS PLAN1 STANDARD BONUS PLAN PLAN TONS GELS' TONS BE & 1STCONDENSER 4 7.2/8.2 5 7.2/8.2 2ND CONDENSER 3 6.8/82 3 6.8/8.2 PLAN 2 1STCONDENSER 4 72/82 4 72/82 2ND CONDENSER 3 6.8/82 4 72/82 SMALL BD 4 1.5 7/8.0 LARGE BO 4 1.5 7/8.0 SMALL OFC. 1.5 7/8.0 LARGE OFC. 2 6.8/8.0 PLAN 3 1STCONDENSER 4 72/82 5 72/82 2ND CONDENSER 3 6.8/82 3 6.8/82 PLAN 4 1STCONDENSER 4 72/82 2ND CONDENSER 4 72/82 "QUIETEST UNITS/STANDARD UNITS URI 10 <=3TONS: T1"xT3" 4 & 5 TONS: TV x V&' LONG SIDE IS PARALLEL TO & 6" AWAY FROM BLDG WALL. STANDARD UNITS (MOUNTED 6" AWAY FROM BUILDING WALL. UNIT DIMENSIONS: TO BE 4" HIGH. G:IPROJMANIFORDRDWCCONDEN.XLSISTONY BROOK 8/15/97 5:26 PM e pacif C ay HOMES February 11, 1998 Mr. Jay Garcia Mr. David Groverman CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658-8915 Re: Sound Ordinance Disclosure Summerhouse Product, Tract 15390 Dear Messrs. Garcia and Groverman: The noise analysis for Summerhouse air conditioning units indicates that the interior noise level, as measured with open windows, exceeds the levels allowed by Section 10.26.030 of the City of Newport Beach Municipal Code (the "Code"). Section 10.26.045.0 of the Code provides an exemption of the interior noise measurement, provided that the written consent of all affected property owners is obtained. In order to comply with Section 10.26.045.0 of the Ordinance, Pacific Bay Homes will require each original buyer of the Summerhouse product to execute a Sound Ordinance Disclosure in the form of Exhibit "A" as a part of the purchase documentation. Thank you for your assistance in this matter and please give me a call with any questions at (714) 440-7203. Sincerely, Marcus D. Lamkin Project Manager cc: Fred Greve, w/enclosure Summerhouse Sound File G.1pro]manVordrdUndd1se2 doe 4041 MacArthur Boulevard, Suite 500, Newport Beach, CA 92660 (714) 440-7200 • Fax (714) 833.7557 F EXHIBIT "A" SOUND ORDINANCE DISCLOSURE The undersigned Buyer and Seller agree to amend and supplement as follows the Contract for Purchase and Sale and Receipt for , as heretofore amended, if at Deposit, dated 199 all ("Contract"), between them for the purchase of Lot of Tract No. of One Ford Road in the City of Newport Beach, County of Orange. As provided in Section 2.12 of the Declaration (as defined in the Basic Addendum attached hereto)„ Buyer is aware of and skull be responsible for complying with all municipal noise control provisions within the City of Newport Beach, including without limitation, Municipal Code Chapter 10.26, as may be amended ("Sound Ordinance"). Without in any way limiting Buyer's obligation to comply with all requirements of the Sound Ordinance, Seller hereby notifies Buyer that the operation of the air conditioning equipment installed on the Property when the windows of the residence are open, may not meet the noise level requirements set forth in Section 10.26.030 of the Sound Ordinance. However, Section 10.26.045 of the Sound Ordinance provides that in the event the minimum noise levels permitted by Section 10.26.030 are exceeded, an owner may still comply with the requirements of the Sound Ordinance by operating the air conditioning equipment within the increased noise levels set forth in Section 10.26.045C, if written consent to operation of the air conditioning equipment is obtained from affected property owners. When written consent to operate the air conditioning equipment is obtained from each affected owner, Buyer shall be obligated to operate such air conditioning equipment in his or her residence at or below the minimum noise levels set forth in Section 10.26.045C of the Sound Ordinance. Seller agrees to obtain a written consent from each initial buyer of a lot within the Project approving of the noise levels for operation of the air conditioning equipment installed within each residence by Seller in order to meet the Sound Ordinance requirements set forth in Section 10.26.045C. However, Buyer hereby acknowledges that Seller shall have no further obligation to obtain consents from any subsequent purchasers or for compliance with the Sound Ordinance. Buyer shall notify any subsequent purchaser acquiring the Property from Buyer of the existence of the 'ded in Section 4.5 of the Declaration. Sound Ordinance as prove UPON EXECUTION OF THIS SOUND ORDINANCE DISCLOSURE, BUYER HEREBY GRANTS TO HIS/HER/THEIR NEIGHBORS WITHIN THE PROJECT PERMISSION TO OPERATE THE AIR CONDITIONING EQUIPMENT INSTALLED WITHIN EACH LEVELS ALLOWEDBYSECTIOOF THE N 10o26FORD R0 5C OF OAD O THE SOUND ORDINANCEJECT BY SELLER AT • NOISE Buyer's obligation to comply with the Sound Ordinance is not limited to operation of the air conditioning equipment. All other terms and conditions of the Contract remain unchanged. Buyer acknowledges that Buyer has read and understands this Addendum and agrees to and accepts the terms and conditions contained herein. Seller agrees to sell on the terms and conditions set forth above. DATED: SALES AGENT: DATED: BUYER: BUYER: _ Accepted by Seller: Dated: PACIFIC BAY HOMES, a California corporation By: Its: 4871015657.0002/7071444.15 :01/15AM ENVIRONMENTAL SERVICES CONSORTIUM, INC. PART OF THE ENVIRONMENTAL MANAGEMENT SERVICES GROUP OF COMPANIES 4401 ATLANTIC AVENUE SUITE 200 LONG BEACH, CA 90807 30 January 1998 ESC198-ADM/CNB-0i City of Newport Beach P.O. Box 1768 Newport Beach, CA. 92658-8915 Attention: Ms. Genia Garcia Associate Planner PHONE: 562-984-2079 FAX: 562-988.0129 SUBJECT: ANNUAL RE VIE, WOFDEVELOPMENTAGREEMENTBETWEEN THE CITY OF NEWPORT BEACH AND PACIFIC BAY HOMES (FORD MOTOR LAND DEVELOPMENT) Dear Ms. Garcia: In accordance with your request, this letter has been prepared to provide you with an update of the status of the environmental aspects of the project associated with the redesignation and redevelopment of the former Ford Aeronutronic/Loral property (Site) from use as an industrial to a residential site. BACKGROUND As you are aware, the Site was historically used for aerospace and defense -related activities that included the use of a variety of hazardous substances. The use of these chemicals resulted in soil and groundwater contamination at the Site. Ford Motor Land Corporation (FMLC) retained an environmental consulting firm, Geraghty & Miller, Inc. (now Arcadis Geraghty & Miller [G&M]) to investigate the extent of the soil and groundwater contamination, conduct health risk assessments to evaluate whether such contamination posed public health issues, and develop and implement a soil and groundwater remediation plan. These activities have been conducted under the authority and requirements of state and local environmental regulatory agencies, primarily the Santa Ana Regional Water Quality Control Board (RWQCB) and the Orange County Health Care Agency (OCHCA). The City of Newport Beach retained Environmental Services Consortium, Inc. (ESCI - formerly Environmental Management Services [EMS]) to act as a monitor for the project on behalf of the City. As the City monitor, ESCI initially reviewed the research related to Site usage and the resulting identification of "Areas of Potential Environmental Concern" (APECs) and the associated soil and groundwater investigation activities that had been conducted by G&M, participated in the preparation of the Environmental Impact Report, and attended meetings with the involved regulatory agencies and with Ford, G&M and the City of Newport Beach. ESCI also reviewed and evaluated all associated project reports and agency communication, and provided recommendations on behalf of the City, where appropriate. This included the technical evaluation of the health risk assessments (HRAs) prepared by G&M for the Bayridge and Behcourt areas, current residential areas that had formerly been part of the Site, and the post-remediation HRAs prepared for the main or northern area, and the ATC or southern area of the Site. In addition, ESCI monitored the onsite building decontamination activities that were performed as part of the pre -demolition phase of the project. CURRENT PROJECT STATUS Demolition and Construction -related Activities As you are aware, facility decommissioning activities, including pre -demolition building decontamination of regulated materials, have been completed. This activity comprised the removal of building components that constituted hazardous waste, or that were environmentally regulated in some manner, and the decontamination of building surfaces. This activity was conducted in accordance with procedures specified in a Project Demolition Manual submitted to the City by FMLC and reviewed by ESCI, and in accordance with Mitigation Measures 1-7,10,17,18, and 23. ESCI monitored the onsite building decontamination activities, and co -signed the Pre -Demolition Building Certifications issued for each of the buildings at the Site. Those aspects of the above -referenced mitigation measures that apply to construction in general at the project Site are continuing to be implemented. Soil and Groundwater Renrediation Activities Soil remediation activities at the Site were conducted under the oversight of the RWQCB and OCHCA, and in accordance with health -based cleanup levels (HBCLs) (levels evaluated to be protective of human health) that were developed by Ford and G&M, reviewed by ESCI on behalf of the City of Newport Beach, and approved by the OCHCA. Mitigation Measures 9,10,17,19,21,22 and 23 were implemented during soil remediation activities for soil that had been identified as contaminated prior to the demolition and grading, and also for any additional contaminated soil identified during demolition and/or grading. Based on documentation reviewed and meetings attended by ESCI, soil remediation has been completed to the satisfaction of the RWQCB and the OCHCA. Onsite groundwater remediation was conducted during 1995 and 1996 under the authority of the RWQCB in accordance with a Groundwater Remedial Action Plan (RAP) approved by the RWQCB, and in accordance with Mitigation Measures 8,11,20,21,22, and 23. The RAP addresses groundwater impacts in the main area or the northern portion of the Site, and in the southern area of the Site, formerly known as the "ATC' area. ESCl98 ADM/CNB-01 2 ESCI UPDATE'98 - CNB r/ Groundwater remediation activities were completed in 1996. In a letter dated 4 November 1996 the RWQCB approved the closure of the groundwater remediation system, which has subsequently been dismantled and removed from the Site. Ongoing monitoring of the groundwater is currently being required by the RWQCB. Post -development groundwater remediation at the Site has not been required by the RWQCB. Offsite groundwater contamination found to be present to the north of the Site is being addressed as a separate issue by FMLC and the RWQCB, and is not expected to result in the placement of any equipment onsite. Health -Risk Assessments Human health risk assessments for the Belcourt and Bayridge areas were prepared by G&M, evaluated by ESCI, and reissued by G&M on behalf of FMLC. Soil and groundwater contamination in these areas were found to pose no risk to human health. The risk assessment reports were submitted to the OCHCA, who concurred with the conclusions of these studies. Site -specific data collected during the soil and groundwater remediation were used by G&M to prepare post-remediation/pre-development health risk assessments for the northern and southern areas of the Site, as required by Mitigation Measure 21. These assessments concluded no risk to human health was present in the areas studied at the Site. The health risk assessments were independently evaluated by OCHCA and ESCI, who concurred with the conclusion of these studies. Should you have further questions regarding the status of this project or if you require additional information, please feel free to contact me at your convenience. Yours truly, ENVIRONMENTAL SERVICES CONSORTIUM, INC. Lyn ethrington, REA, Cf Principal Environmental Scien st cc: File John Douglas, Principal Planner, City of Newport Beach Eric Pearson, P.E., Environmental Control Manager, Ford Motor Land Services Corporation Thomas E. Culek, Environmental Control Engineer, Ford Motor Land Services Corporation Gary Boettcher, Project Manager, Arcadis Geraghty & Miller ESC198--ADMICNB-01 3 ESCI UPDATE TS - CNB AERONUTRONIC FORD PLANNED COMMUNITY DISTRICT REGULATIONS Adopted September 9, 1979 Ordinance No. 1807 Amendment No. 542; Amended March 9, 1981 Resolution No. 9986 Amendment No. 559; Amended October 13, 1981 Resolution No. 11064 Amendment No. 564; Amended September 28, 1983 Resolution No. 1104 Amendment No. 591; Amended July 10, 1995 Resolution No. 95-89 Amendment No. 800 062596-1103 / F31331-002 / 44925.28 TABLE OF CONTENTS INTRODUCTION 1 SECTION I - STATISTICAL ANALYSIS 2 SECTION II - GENERAL 3 SECTIONIII - GENERAL NOTES 4 SECTION IV - DEFINITIONS 6 SECTION V - ATTACHEDRESIDENTIAL/AREAS 1, 6,7 7 Sub-SectionA Uses Permitted 7 Sub-SectionB Development Standards 7 SECTION VI - ATTACHED RESIDENTIAL/AREA8 10 Sub-SectionA Uses Permitted 10 Sub-SectionB Uses Permitted Subject To A Use Permit 10 Sub-SectionC Development Standards 10 SECTION VII - DETACHED RESIDENTIAL/AREA2 13 Sub-SectionA Uses Permitted 13 Sub-SectionB Development Standards 13 SECTION VIII - CUSTOM LOT, RESIDENTIAL/AREAS 15 Sub-SectionA Uses Permitted 15 Sub-SectionB Development Standard's 15 SECTION IX - ATTACHED/DETACHEDRESIDENTIAL/PLANNINGAREA 4 17 Sub-SectionA Definitions 17 Sub-SectionB Uses Permitted 20 Sub-SectionC Development Standards 20 Sub-SectionD Site PlanReview 26 Sub-SectionE ModificationProcess 28 Sub-SectionF SubdivisionMap Process 28 Sub -Section G PC Text Amendment 28 SECTION - COMMUNITY RECREATIONAL FACILITIES 29 Sub-SectionA Uses Permitted 29 Sub-SectionB Development Standards 29 SECTIONXI - SIGNS/RESIDENTIALAREAS 1,2,4,5,6,7,8 30 Sub-SectionA Permanent Signs 30 Sub-SectionB Temporary Signs 30 062596.1103/ F31331.002/ 44925.28 INTRODUCTION The Aeronutronic Ford (Planned Community) District for the City of Newport Beach is in conformance with the Newport Beach General Plan. The purpose of these Planned Community (PC) District Regulations is to establish the zoning classification and development standards for the subject property. These regulations will prevail over regulations contained in the City's general zoning ordinance. Where these regulations are silent with respect to a particular development standard, however, the provisions of the general zoning ordinance shall control. These Regulations were originally adopted on September 9, 1979, by Ordinance No. 1807. Since then, the Regulations have been amended several times to reflect changing development concepts and, ultimately, a major change in permitteduse. On July 10, 1995, the Regulations were amended to eliminate the historic research and development uses conducted on this site. That amendment changed the permitted use of Planning Area 4 (consisting of Subareas 4A, 4B, 4C, 4D, and 4E) of the site to residential and ancillary uses. The amendment dated July 22. 1996, reflects further refinements in the residential concept for Planning Area 4. Nothing contained in this latest amendment should be construed to alter the provisions of these Regulations with respect to any Planning Area other than Planning Area 4. 062596-1103/F31331.002/44925.28 1 SECTION I - STATISTICAL ANALYSIS FOR PLANNING AREAS 1, 2, 516,71 & 8 Note: The StatisticalAnalysis for PlanningArea 4 and its Subareas is set forth in Section LK Gross PM Buildable Maxiihoms Tyne Area Acres Net Acres Planning Areas 1 18.6 16.2 12.3 50 2 18.6 17.5 12.7 54 5 33.0 26.0 17.3 48 6 15.1 14.4 10.4 54 7 17 16.0 11.6 56 8 12 11.5 8.5 168 Subtotal 114.3 101.6 72.8 430 PERCENTAGE OF SITE COVERAGE PlanningArea 1, 2, 5, 6, 7 8 Building Footprint 14.6% 28.0% Parking Areas 21.7% 5.0% Landscape and Pedestrian 63.7% 27.0% Circulation Streets 31.5% Perimeter Open Space 8.5% 062596.11031 F31331.002 l 4492528 2 ME AERONUTRONIC FORD/BELCOURT PLANNED COMMUNITY Planning Department Advance Division 5-30-1995 SECTION II - GENERAL Location The Aeronutronic Ford Planned Community encompasses 215.2 gross acres in the City of Newport Beach. The community is bounded by Bison Avenue on the north, MacArthur Boulevard on the east, Ford Road on the south, and Jamboree Road on the west. Existing Zoning The existing zoning is designated PC (Planned Community). The development standards set forth herein will provide for the development of the subj ect property. Land Uses The Aeronutronic Ford Planned Community previously was designated for residential development and for the expansion of Research and Development uses of the existing Ford Aerospace and Communication Corporation. As a result of the most recent amendments to these Regulations, the Planned Community now provides entirely for residential and ancillary uses. Public Recreation The City of Newport Beach Park Standards will be met by in -lieu fees. Private Recreation Four (4) private recreational areas totaling 1.2 acres will be located within the Planning Areas 1, 2, 5, 6, 7 and 8. Facilities included in these private recreational areas will include a minimum of four (4) swimming pools, four (4) jacuzzis and associated recreational buildings. Private recreational facilities, open and/or structured, within the development boundaries shall be maintained and operated by the Community Associations. One or more additional private recreation areas are allowed in Planning Area 4. 062596.1103 /F31331.002/ 44925.28 SECTION III - GENERAL NOTES Water Service Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Sewage Disposal Sewage disposal service facilities to the Planned Communitywill be provided by the City of Newport Beach, Orange County Sanitation DistrictNo. 5, or Irvine Ranch Water District, as per agreement (May 14,1980). Flood Protection Development of the subject property will be undertaken in accordance with the flood protection policies and requirements of the City of Newport Beach. 4. Grading Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 5. Zoning Ordinance Compliance Except as otherwise stated in these Regulations or a Development Agreement for Planning Area 4, the requirements of the Newport Beach Zoning Ordinance shall apply. 6. Building Code Comi3liance The contents of this text notwithstanding, all construction within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and the various mechanical codes related thereto. 7. Parking Lot Lighting All new parking lot lighting shall be subject to the review and approval of the Planning Director. 062596.1103 / F31331-002 / 44925.28 4 8. Archaeological/PaleontologicalResources Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archeological and paleontological resources in accordance with adopted policies of the City ofNewport Beach. 9. Public Health and Safety Requirements (Planning Area 4) The Ford Motor Land Services Corporation or its successor shall comply with all requirements and mitigation measures related to public health and safety as described in Final EIR No. 153 for Planning Area 4. 10. Development Agreement (Planning Area 4) During the term of any Development Agreement applicable to Planning Area 4, the provisions of that Development Agreement shall determine the ordinances, resolutions, policies, and other local laws applicable to the development of Planning Area 4. Where there is an inconsistency between the terms of these Regulations and the Development Agreement, the terms of the Development Agreement shall prevail. 062596.11031F31331.002144925.28 SECTION IV - DEFINITIONS The following definitions shall apply to the development of all Planning Areas except Planning Area 4 of the Aeronutronic Ford Planned Community. Definitions for Planning Area 4 are contained in Section IX. 1., Gross Acreage shall mean the entire site area within the proj ect boundary plus the centerline of the perimeter streets excluding MacArthur Boulevard, in which case the boundary line extends to the existing right of way line which is the Newport Beach City boundary. This acreage is the area within the boundaries of the Tentative Subdivision Map. 2. Parcel Map Net Area shall mean the entire area within the project boundary excluding previously dedicated perimeter streets. 3. Buildable Acreage shall mean the entire site area within the project boundary excluding streets, park dedication, areas with existing natural slopes greater than 2:1, and natural flood plains. 4. Cluster Unit Development shall mean a combination or arrangement of attached or detached dwellings and their accessory structures on contiguous or related building sites where the yards and open spaces are combined into mole desirable, arrangements or open spaces and where the individual sites may have less than the required average for the district but the density of the overall development meets the required standard. 5. Conventional Subdivision on a Planned Community Concept shall mean a conventional subdivision of detached dwellings and their accessory structures on individual lots where the lot size may be less than the required average for the district but where the density for the entire subdivision meets the required standards and where open space areas are provided for the enhancement and utilization of the overall development. 062596.1103 /F31331-002 / 44925.29 SECTION V - ATTACHED RESIDENTIAL/AREA 19 69 7 These areas are intended to provide residential housing and related community facilities. A. Uses Permitted Cluster unit developments, as defined in Section IV, Definitions. 2. Single family dwellings attached or detached. Conventional subdivisions on a Planned Community Concept, as defined in Section IV, Definitions. 4. Custom Lots. 5. Condominium/Townhomes. 6. Temporary model complex and appurtenant uses. 7. Community Recreational facilities. 8. Signs (as provided in Section XI of this Planned Community Text). 9. Security Gates and/or Guard Houses. B. Development Standards 1. Maximum Height Limits a. All buildings shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. b. Chimneys and vents shall be permitted as set forth in section 20.02.060 of the Municipal Code. 2. Setbacks from Public Streets A minimum setback of 15 feet shall apply to all structures other than garages adjacent to public streets; except that balconies and patios may encroach six (6) feet into the required setback. Architectural features such as but not limited to cornices, eaves, and wingwalls may extend two and one-half (2'/2) feet into the required setback from a public street. Setbacks shall be measured from the ultimate right-of-way line. 062596-11031 F31331.OD2144925.28 7 3. Setbacks from Other Property Lines and Structures a. A minimum front yard setback of five (5) feet shall be required. This setback shall be measured from the back of curb or in the event that sidewalks are constructed, from back of sidewalk. b. All main residential structures shall be a minimum of eight feet apart. This shall be measured from face of finished wall to face of finished wall. C. Detached garages shall be separated from main residential structures a minimum of eight (8) feet. This also shall be measured from face of finished wall to face of finished wall. d. Two car garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that the sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. 4. Fences. Hedges and Walls Fences shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At street intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height 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. 5. Trellis Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 percent of the remaining open space of a developed lot.Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. 062596-1103 / r31331-002 / 44925.28 6. Architectural Features Architectural features, such as but not limited to cornices, eaves, and wing walls may extend two and one-half (2 %) feet into any front, side or rear yard setback. Parking A minimum of 3.0 parking spaces per unit shall be required. One of the required spaces may be permitted on the driveway of the residence, providing that said driveway has a minimum depth of twenty (20) feet or eighteen (18) feet with roll -up or other type garage doors approved by the City Traffic Engineer, measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. In addition to driveway parking spaces, a minimum of 0.5 guest parking spaces may be provided on -street or in the bays, and their location shall be reviewed and approved by the Planning Director and the City Traffic Engineer. 8. Maximum Site Area Coverage The maximum site coverage permitted shall be fifty (50) percent of the net site area. For purposes of this Planned Community, site coverage shall include all areas under foot but shall not include trellis areas. 062596.1103/ F31331.002/ 44925.29 SECTION VI - ATTACHED RESIDENTIAL/AREA8 These areas are intended to provide residential housing and related community facilities. A. Uses Permitted 1. Cluster, unit developments, as defined in Section IV, Definitions. 2. Single family dwellings attached or detached. 3. Conventional subdivisions on a Planned Community Concept, as defined in Section IV, Definitions. 4. Custom Lots. 5. Temporary model complex and appurtenant uses. 6. Community Recreational facilities. 7. Signs (as provided in Section XI of this Planned Community Text). 8. Security Gates and/or Guard Houses. B. Uses Permitted Subiect To A Use Permit Condominium and townhome dwellings. C. Development Standards Maximum Height Limits a. All buildings shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. b. Chimneys and vents shall be permitted as set forth in section X02.060 of the Municipal Code. 2. Setbacks from Public Streets A minimum setback of 15 feet shall apply to all structures other than garages adjacent to public streets; except that balconies and patios may encroach six (6) feet into the required setback. Architectural features such as but not limited to cornices, eaves, and wingwalls may extend two and one-half (2'/2) feet into the required setback from a public street. Setbacks shall be measured from the ultimate right-of-way line. 3. Setbacks from Other Property Lines and Structures a. A minimum first story front yard setback of five (5) feet shall be required. This setback shall be measured from the back of curborin the event that 062596.11031 F31331.002 f 4492528 10 sidewalks are constructed, from back of sidewalk. The second story front may be constructed adjacent to the back of curb or in the event that sidewalks are constructed, adjacent to back of sidewalk. b. All main residential structures shall be a minimum of eight (8) feet apart. This shall be measured from face of finished wall to face of finished wall. C. Detached garages shall be separated from main residential structures a minimum of eight (8) feet. This also shall be measured from face of finished wall to face of finished wall. d. Two car garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that the sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. 4. Fences, Hedges and Walls Fences shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At street intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height 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. 5. Trellis Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. 062596.1103 / F31331.002 /44915.28 11 6. Architectural Features Architectural features, such as but not limited to cornices, eaves, and wing walls may extend two and one-half (2 1/2) feet into any front, side or rear yard setback. 7. Parking A minimum of 2.0 parking spaces per unit shall be required. Guest parking shall be cluster with a minimum of two spaces per cluster. 8. Maximum Site Area Coverage The maximum site coverage permitted shall be fifty (50) percent of the net site area. For purposes of this Planned Community, site coverage shall include all areas under foot but shall not include trellis areas. 9. Affordable Housing The developer will provide 25 per cent of all units above 38 as moderate priced for sale units as defined by the City's Housing Element. All in -lieu park fees, traffic improvement fees and noise wall fees for the affordable units and the previously approved 38 units will be waived. 062596.1103 / 01331.002 / 44925.28 12 SECTION VII - DETACHED RESIDENTIAVAREA 2 This area is intended to provide residential housing and related community facilities. A. Uses Permitted 1. Single family dwellings. 2. Conventional subdivisions on a Planned Community, as defined in Section IV, Definitions. 3. Custom Lots. 4. Community recreational facilities. 5. Security gates and/or guard houses. 6. Temporary model complex and appurtenant uses. B. Development Standards 1. Minimum Lot Size. The minimum lot size permitted shall be 6,000 sq.ft. 2. Maximum Building Height. All buildings in Areas 2 & 8 shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. 3. Setbacks The following setbacks shall apply to all structures excluding garden walls or fences. a. Front Yard A minimum setback of five (5) feet for the garage and a minimum of ten (10) feet for the dwelling unit shall be maintained. This shall be measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. b. Side Yard Side yard setbacks shall be a minimum of five (5) feet. The Planning Director may approve a zero side yard concept provided that a total of ten (10) feet be provided on the opposite side yard. A zero side yard concept will not be allowed under a custom lot program. C. Rear Yard A minimum of ten (10) feet shall be maintained for the rear yards. d. Setbacks - Garages Two car garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that 062596.1103 / F31331.002 144925.28 13 sidewalks are constructed, from back of sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. A minimum of five (5) feet for side -on garages shall be maintained. 4. Fences. Hedges and Walls Fences shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At street intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height 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. 5. Trellis Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three,(3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. 6. Parking Parking for residential uses shall be in the form of not less than three (3) parking spaces per dwelling unit. 7. Maximum Site Area Coverage The maximum site area coverage for any residential lot shall be 60 percent of such lot. 8. Architectural Features Architectural features, such as but not limited to cornices, eaves, and wing walls may extend two and one half (2'/2) feet into any front, side or rear yard setback. D62596-1103 / F31331-002 / 44925.28 14 SECTION VIII - CUSTOM LOT RESIDENTIAL/AREA 5 This area is intended to provide residential housing and related community facilities. A. Uses Permitted 1. Single Family Dwellings. 2. Conventional subdivisions on a Planned Community, as defined in Section IV, Definitions. 3. Custom Lot. 4. Community recreational facilities. 5. Temporary model complex and appurtenant uses. 6. Tennis Courts. B. Development Standards 1. Minimum Lot Size. The minimum lot size permitted shall be 9,000 sq.$. 2. Maximum Building Height. All buildings in Areas 5 & 8 shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. 3. Setbacks The following setbacks shall apply to all structures excluding garden walls or fences. a. Front Yard A minimum setback of twenty (20) feet for the dwelling unit shall be maintained. This shall be measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. b. Side Yard Side yard setbacks shall be a minimum of five (5) feet. C. Rear Yard A minimum of ten,(10) feet shall be maintained for the rear yards. d. Setbacks- Garages Two car garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk shall be permitted with roll -up or other Type garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. A minimum of five (5) feet for side -on garages shall be maintained. 062596.1103/ F31331.002144925.28 15 4. Fences, Hedges and Walls Fences, with the exception of tennis courts, shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At street intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height 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. 5. Trellis Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. 6. Parkin Parking for residential uses shall be in the form of not less than three (3) parking spaces per dwelling unit. 7. Maximum Site Area Coverage The maximum site area coverage for any residential lot shall be 60 percent of such lot. 8. Architectural Features Architectural features, such as but not limited to cornices, eaves, and wing walls may extend two and one half (2 %2) feet into any front, side or rear yard setback. 9. Tennis Courts Tennis courts are allowed and may be within 3' of the rear and side property lines. The courts are permitted fencing up to 12' in height. The courts lighting shall use 27' max height, square tubular and painted posts with 1000 watts metal halide lights in a flat pan fixture. All tennis court lighting shall be designed in such a way as to prevent light from shining directly on the adjacent residential properties and to insure that the lighting does not adversely affect night vehicular traffic along MacArthur Boulevard. All tennis court lighting shall be subject to a use permit. 062596-1103/F31331-002/44925.28 16 SECTION IX - ATTACHED / DETACHED RESIDENTIAL / PLANNING AREA 4 A. DEFINITIONS: The following definitions apply to Planning Area 4 only: "Access Drive" refers to a drive, including those owned and/or maintained by a community association, which provides front, side, or rear access to one or more residential lots. An Access Drive is not a Private Street as that term is used within these Regulations. Driveways on a residential lot are not Access Drives. A "Primary Access Drive" refers to an Access Drive which is designed as the principal means of access to a residential lot. A "Rear Access Drive" refers to an Access Drive which provides access to. a residential lot from the rear of the lot. 2. "Cluster Unit Developmenf' refers to a combination or arrangement of attached or detached dwellings and their accessory structures on contiguous or related building sites where: the open spaces andprivate yards within a Planning Area or Subareaare combined into more desirable arrangements, greenbelts, or open spaces and individual residential lots have less square footage than the required minimum lot size for the Planning Area or Subarea, but the number of residential units permitted within the Planning Area or Subarea does not exceed the maximum number of units for that Planning Area or Subarea as shown in the Statistical Analysis. 3. "Conventional Subdivision on a Planned Community Concepf' refers to a conventional subdivision of detached dwellings and their accessory structures on individual lots where: the•lot size of some individual residential lots maybe less than the required minimum for the Planning Area or Subarea, but the average lot size for all residential lots within the Planning Area or Subarea equals or exceeds the required minimum lot size and • open space areas are provided for the enhancement or utilization of the overall development. 4. "Flag Lot Driveway" refers to an Access Drive which, although having the appearance and function of an extended driveway, is used to provide access to two or more residential units from a Private Street or Access Drive. 062596.11031 F31331.002144925.28 17 "Lot Size" refers to the total square footage of a residential lot. The boundaries used to determine the lot size of a residential lot shall be those set forth on the subdivision map. The square footage of a residential lot shall be deemed to include those abutting areas extending to the center line of adjoining Access Drives, even where the Access Drive is shown as a separate lot under common ownership. 6. "Maximum Gross Acres" refers to the maximum number of gross acres which may be included within any planning Subarea, as shown in the Statistical Analysis for Planning Area 4. A "Private Street' refers to any street within Planning Area 4 which is owned and maintained by the Community Association. While a Rear Access Drive maybe owned and maintained by the Community Association, a Rear Access Drive is not a "Private Street" for purposes of these Regulations. 8. "Setback" refers to the minimum distance between a structure on a lot and the closer of (i) the property line, (ii) the back of an adjacent sidewalk, and (iii) t:�,e back of an adjacent curb. Where the Development Standards contained in Section D-ielow specify a different standard for the measurement of a "setback," the standard set forth in Section D shall control. G 062596-1103/F31331-002/4492528 18 9. Statistical Analysis for Planning Area 4 Maximum Gross Maximum Subareas Acres DU 4A 34 286 4B 19 87 4C 12 40 4D 26 119 4E 36 140 100.5** 450 Max ** The number of acres reflected in this column represents the maximum that can be included within any specific Subarea. Subarea boundaries are intended to be flexible within the maximum acreages identified. Note: The statistics set forth for Planning Area 4 and its Subareas are intended to provide flexibilityfor allocation of residential units between the Subareas and to reflect minor adjustments of Subarea boundaries on subdivision maps recorded as developmentprogresses. The "Maximum DU" column reflects a maximum number of 450 residential units for Residential Area 4, even though the sum of the "Maximum DU" for the individual Subareas is much greater than 450. This allowsfor flexibility in assigning units within the Subareas while maintaining an overall cap on the total number of units allowed within PlanningArea 4. 062596.1103/ F31331.002/ 44925.28 19 B. Uses Permitted Planning Area 4 is intended to provide residential housingand related community facilities. 1. Singie-family detached subdivisions, subject to approval of a Parking Plan (see Section C.0) and Landscaping Plan, if required (see Section CA.. 2. Custom lot sales and custom homes. 3. Temporary model complexes and appurtenantuses. 4. Signs (as provided in Section XI of this Planned Community Text). 5. Tennis courts, subject to the provisions of Section IX.C.11. 6. Community recreational facilities, subject to the provisions of SectionX. 7. Uses Permitted Subiect to Site Plan Review (see Section E) a. In Subarea 4A only, single-family attached subdivisions. b. In Subarea 4A, Cluster Unit Developments. C. In Subareas 4A, 413, 4C, and 4E, Conventional Subdivisions on a Planned Community Concept. d. Entry guard houses and gates. C. Development Standards 1. Minimum Lot Size Other than for Cluster Unit Developments and Conventional Subdivisions on a Planned Community Concept (where permitted subject to site plan review), the minimum lot sizes shall be: a. Subarea 4A: 3,000 square feet. b. Subareas 413, 4C, and 4E: 6,000 square feet. C. Subarea 4D:6,000square feet. Cluster Unit Developments and Conventional Subdivisions on a Planned Community Concept will not be permitted in Subarea 4D. 2. Maximum Height Limits 062596.1103/ F31331.002/ 44925.28 20 a. All buildings in Subareas 4A, 413, 4D, and 4E shall not exceed a maximum ridge height of 37 feet, with an average roof height not to exceed 32 feet. b. All buildings in area 4C shall not exceed a maximum ridge height of twenty- eight (28) feet, with the average height not to exceed twenty-seven (27) feet. C. Chimneys and vents shall be permitted as set forth in the Municipal Code. 3. Setbacks from Public Streets (i.e., Jamboree Road and Ford Road) A minimum setback of fifteen (15) feet shall apply to all structures other than garages adjacent to public streets; except that balconies and patios may encroach six (6) feet in the required setback. Architectural features such as but not limited to cornices, eaves, and wingwalls may extend two and one-half (2'V2) feet into the required setback from a public street. Setbacks shall be measured from the ultimate right-of-way line. 4. Setbacks from Other Property Lines and Structures Except as otherwise established through the City's standard Modification process, setback from other property lines and structures shall be: a. Front yard. In Subarea 4A, a minimum front yard setbackof five (5) feet shall Rh Ve required. In Subareas 413, 4C, 4D, and 4E, a minimum front yard setback of ten (10) feet shall be required for the main dwelling (excluding attached or detached garages). b. Side yard. Side yard setbacks shall be a minimum of five (5) feet. The location of a fence is not relevant to the calculation of the side yard setback. Adjoining properties maybe the subject of easements which allow fences to be,placed on an adjoining property provided that all dwelling units have the minimum five (5) foot setback from the property line. Side yard setbacks for attached garages located entirely withinthe front half of a lot shall be, a minimum of five (5) feet. Side yard setbacks for garages located primarily in the rear half of a lot shall be a minimum of three (3) feet for the first floor of the structure and five (5) feet for the second floor. Where garages are located in the rear of a lot in order to access 062596-1103 / F31331-002 / 44925.28 21 a Rear Access Drive, no side yard setback shall be required between garages on adjoining lots. C. Rear yard. A minimum ten (10) foot rear yard setback shall be required for a residential lot whose rear adjoins another residential lot. A minimum three (3) foot rear yard setback shall be required for a single -story structure on a residential lot whose rear adjoins a Rear Access Drive. For a two-story structure on a residential lot whose rear adjoins a Rear Access Drive, the average setback (including a lower -level garage which complies with Paragraph4f below) shall be no less than four feet. For lots accessed by a Rear Access Drive, rear yard setbacks shall be measured from (i) the flow line of a rolled curb or (ii) the back of a standard curb, as applicable. For lots accessed by a Rear Access Drive, garage setbacks shall be determined by Paragraph4f ("Garages") below. d. Structural separation. For detached units, all main residential structures shall be a minimum of six (6) feet apart measured from face of finished wall to face of finished wall. e. Detached garage separation Detached garages shall be separated from main residential structures a minimum of six (6) feet measured from face of finished wall to face of finished wall. f. Garages. Garages shall be set back from three (3) to seven (7) feet, or a minimum of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk shall be permitted with roll -up or other garage door types approved by the City Traffic Engineer. For lots accessed by a Rear Access Drive, the garage shall be set back a minimum of three (3) feet from (i) the flow line of a rolled curb or (ii) the back of a standard curb, as applicable. In all cases, however, garages located on opposite sides of a Rear Access Drive shall be set back from each other a minimum of twenty-six (26) feet. Side -entry garages shall maintain a minimum front setback of five (5) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. 062596.1103 / F31331-002/44925 28 22 g. Architectural features. Architectural features such as, but not limited to, cornices, eaves, and wingwalls may extend two and one-half (2 %2) feet into any front, side or rear yard setback, provided that such architectural features shall not project any closer than two (2) feet from any property line. h. Fireplaces and chimneys. Placement of fireplaces and chimneys shall comply with the requirements of the Zoning Code. Through the City's standard Modification process, setbacks may be reduced or reallocated between adjoining properties to accommodate design techniques which will maximize the use of private spaces without creating undesirable spatial relationships between structures on adjoining properties. 5. Fences Hedges and Walls Fences shall be limited to a maximum height of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six 6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At street -to -street intersections, no such appurtenance shall exceed two (2) feet in height if it is located within the triangle formed by (i) the intersecting lines located five feet behind and parallel to the curb of each of the intersecting streets and (ii) a connecting line drawn between those points of these intersecting lines located thirty (30) feet distant from the intersection of the intersecting lines. At street -to -Access Drive intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height within the triangle bounded by the face of curb lines and a connecting line drawn between points twenty (20) feet distant from the intersection of the prolonged face of curb lines. 6. Trellises Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property line. In side yards, the maximum height shall be ten (10) feet. 7. Private Street Rear Access Drive, and Flag Lot Driveway Standards Private Streets and Access Drives within residential development shall be a minimum of: a. Thirty-six (36) feet in width with parking allowed on both sides; b. Thirty-two (32) feet in width with parking allowed on one side; and 062596.1103/ F31331.002144925.28 23 C. Twenty (20) feet for Primary Access Drives, including Flag Lot Driveways, serving no more than 4 dwelling units. d. Sixteen (16) feet for Primary Access Drives, including Flag Lot Driveways, serving no more than 2 dwelling units. Primary Access Drives of 20 or 16 feet as provided for above shall be increased to minimum width of 26 feet if serving a common parking area. Rear Access Drives shall be a minimum of twenty (20) feet in width. 8. Site Distance Requirements Residential development shall be designed to provide adequate sight distance (25 MPH), at the intersection of all private streets and Primary Access Drives, and along curves unless otherwise approved by the City Traffic Engineer. 9. Parking Plan Each tentative subdivision map that would create legal building sites shall be accompanied by a parking plan demonstrating compliancewith.the following standards: a. Single -Family Detached Parking Requirements A minimum of two (2) garage parking spaces shall be provided per detached dwelling unit. In addition, guest parking shall be provided within the development at a minimum rate of two (2) spaces per unit. Guest parking may be provided on street, in parking bays, or on driveways (minimum 20 feet in depth or 18 feet where roll up garage doors are provided), in a manner acceptable to the City Traffic Engineer. A maximum of one of the guest spaces may be provided on the driveway. A reduction in the guest parking requirement may be considered subject to approval of a finding by the Planning Commission that the reduced parking ratio will not cause an adverse impact on the community. b. Condominiums andTownhomes Attached dwelling units less than or equal to 1500 square feet shall provide a minimum of 2 parking spaces per unit, including one covered space. In addition, guest parking shall be provided at a minimum rate of 0.5 space per unit. Guest parking may be provided on street, in parking bays, or on driveways (minimum 20 feet in depth or 18 feet where roll up garage doors are provided), in a manner acceptable to the City Traffic Engineer. A maximum of fifty percent (50%) of the guest spaces may be provided on driveways. 062596.1103/ F31331.002/ 44925.28 24 Attached dwelling units greater than 1500 square feet shall provide a minimum of 2 covered spaces per unit. In addition, guest parking shall be provided at a minimum rate of one (1) space per unit. Guest parking may be provided on street, in parking bays, or on driveways (minimum 20 feet in depth or 18 feet where roll up garage doors are provided), in a manner acceptable to the City Traffic Engineer. A maximum of fifty percent (50%) of the guest spaces maybe provided on driveways. C. Parking Space Placement and Dimensions Subject to the provisions of a Development Agreement for Planning Area 4, the size and placement of all parking spaces and areas shall be as specified by the residential parking standards contained in the Newport Beach Municipal Code, Standard Plans 805-L-A and 805-L-B, and Council Policy L-2 unless otherwise approved by the City Traffic Engineer. 10. Maximum Site Area Coverage The building footprints of residences and garages shall not cover more than sixty percent (60%) of the area included within the "Lot Size." For purposes of these Regulations, trellis areas, temporary structures, patio covers, covered patios, and similar ancillary structures shall not be considered in the calculation of site area coverage. 11. Tennis Courts Tennis courts are allowed and may be within three feet (T) of the rear and side property lines. The courts are permitted fencing up to 12' in height. The courts' lighting shall use 27max height, square tubular and painted posts with 1,000 watt metal halide lights in a flat pan fixture. All tennis court lighting shall be designed in such a way as to prevent light from shining directly on the adjacent residential properties and to insure that the lighting does not adversely affect night vehicular traffic along Jamboree Road or Ford Road. All tennis court lighting shall be subject to a use permit. 12. LandscaningPlan Each tentative subdivision map that would create legal building sites and which contains a common area abutting an existing residential development outside Planning Area 4 shall be accompanied by a landscaping plan for that common area, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location, of landscaped areas, planting beds and plant materials with adequate provisions for irrigation . The plan shall be designed so as to create a suitable buffer between the existing residential area and the new development. 062596-1103 / F31331.002 / 44925.28 25 D. Site Plan Review Site Plan Review may be required only for a landowner proposal which• consists of or includes: • a Cluster Unit Development or • a Conventional Subdivision on a Planned Community Concept or LR C (o • a modification of specific development standards contained in Sections D9; D 10; and D12 of these regulations. C(y 1. Purpose The purpose of this section is to establish a Site Plan Review procedure to ensure that the project conforms to the objectives of the General Plan as well as the requirements and development standards contained in these Regulations. The Site Plan Review shall take into consideration all provisions of any Development Agreement for Planning Area 4. 2. Findings The Site Plan Review procedures contained in this section are intended to promote the health, safety and general welfare of the community according to the Site Plan Review Findings set forth in the Zoning Code. Application When required, Site Plan Review approval shall be obtained prior to or concurrent with the approval of any tentative subdivision map that would create legal residential building sites, or prior to issuance of a building permit for non-residential structures (e.g., recreation facilities and entry guard gates). 4. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: a. Plot plan. A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street parking, landscaped areas, signs, fences and sidewalks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off-streetparking areas, the location of each parking space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utilities and drainage are to be provided. 062596.1103/ F31331.002144925.28 26 b. Landscape plan. A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. C. Grading plan. A grading plan to ensure developmentproperly related to the site and to surrounding properties and structures. d. Exterior li hg tins. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. e. Parking plan. A parking plan demonstrating compliance with the requirements contained in Section C.10, above. f. Noise attenuation. For subdivisions abutting Jamboree Road or Ford Road evidence demonstrating compliance with applicable noise attenuation requirements. g. Any other plans, diagrams, drawings or additional information determined by the Planning Director to be necessary to adequately consider the proposed development and to determine compliance with applicable policies and standards. 5. Application Fees The applicant shall pay the standard Citywide Site Plan Review fee established by Resolution of the City Council with each applicationfor Site PlanReview. 6. Notice and Hearing Procedures Procedures regarding public hearing notification and Planning Commission and City Council actions shall be as provided for Site Plan Review in the Zoning Code. 062596-1103 / F31331.002 / 44925.28 27 E. Modification Process ")1C'i C'J5 C(p A modification of specific development standards contained in SectionsX,�4; P<I'and maybe obtained through the City's standard Modificationprocess. F. Subdivision Map Process Gl C? A modification of specific development standards contained in Sections dnd `%may be obtained through the City's standard subdivision map approval process pursuant to the California Subdivision Map Act and applicable City ordinances. G. PC Text Amendments CZ cll A modification of specific development standards contained in Sections and D 11 maybe obtained only through an amendment to these Planned Community District Regulations. 062596.1103 / F31331-002 /44925.28 28 SECTION X - COMMUNITY RECREATIONAL FACILITIES A. Uses Permitted 1. Private parks, playgrounds, recreation areas, recreation facilities, or open green areas, and related facilities. 2. Accessory buildings, structures, and uses related and incidental to the uses permitted, including clubhouses (including kitchens), meeting rooms, tennis courts, swimming pools, and spas. 3. Subjectto a use permit, residents/guests-onlyfood, beverage, and valet services. B. Development Standards Building Height The maximum building height shall be thirty-seven (37) feet as defined by the Zoning Code. Towers or architectural features greater than thirty-seven (37) feet but not exceeding sixty (60) feet in height may be permitted subj ect to approval of a Use Permit. 2. Building Setbacks Fifteen (15) feet minimum from any residential property line and ten (10) feet minimum from any street measured from back of curb, or from back of sidewalk where sidewalks are provided. 3. Parking One parking space shall be provided for every 200 square feet of a structure designed as a clubhouse or meeting room. On street parking adjacent to the facilities maybe used to meet this requirement. 062596-1103 / F31331-002 / 44925.28 29 SECTION XI - SIGNS / RESIDENTIAL AREAS 1, 29 4, 59 617, 8 A. Permanent Signs Miscellaneous Directional/InformationalSi gns Directional/Informational Signs, such as but not limited to "right turn only", "exit", "entrance", "tennis courts", etc., shall be permitted. Said signs shall be kept to a minimum and shall be designed as a coordinated part of the overall project. Each sign shall not exceed ten (10) square feet of sign area. 2. Primary Identification Signs One double-faced sign or two single -faced signs at the main entrances to each residential area shall be permitted. Said sign shall not exceed a height of four (4) feet above the grade or surface to which attached, nor shall said sign exceed an area of thirty-five (35) square feet per face. Said sign maybe internally or externally lighted. The information listed on the sign shall be limited to: a. Villagename b. Projectname C. Facilities identification B. Temporary Signs (Prior to and during construction) 1. Future Facility Signs A sign which informs the viewer, through graphic symbol and verbal reinforcements, of the type of facility planned for the site. For Planning Area 4, a minimum of two double-faced future facility signs will be allowed. One may face Jamboree Road and one may face Ford Road. 2. Merchandising Signs A sign which informs the viewer, through graphic symbol and verbal reinforcement, of the facility name, opening date, type of occupancy, owner -developer, and phone number for sales information. For Planning Area 4, a minimum of two double-faced merchandising signs will be allowed. One may face Jamboree Road and one may face Ford Road. 062596-11031 F31331-002 / 44925.28 30 Garcia, Jay From: Garcia, Jay Sent: Monday, September 21, 1998 6:07 PM To: Matusiewicz, Dan Cc: Elbettar, Jay; Wood, Sharon; Temple, Patty Subject: RE: Pacific Bay Homes - One Ford Road Project This is what I have been able to determine: I will reconcile these numbers with Marc Lamkin of Pacific Bay Homes to establish the correct figures. Therefore based on the below information, at least $ 2,681,909.90 is the City's. Account No. 4310-4708 (formerly acct. 4003-4708). If any of my information is incorrect please advise me as soon as possible. We have collected, based on the information you sent me on 9-21-98 Total Lots: $ 500,000.00 on 2-12-98 $ 2,000,000.00 in 97-98 $ 103,769.04 on ?? $ 100,000.00 on 10-30-97 $ 2,703,769.04 Tract No. 15332 Tract No. 15387 Tract No. 15388 Tract No. 15389 Tract No. 15390 Tract No. 15391 pd by Ford Motor Land pd by Pacific Bay Homes pd by Pacfic Bay Homes pd by Pacific Bay Homes 76 lots 45 lots 75 lots 57 lots 52 lots 84 lots 389 lots @ $6,894.37/du= Total Park Fees: $ 2,681,909.90 Less Deposits: $ 2 703 769.04 CREDIT BALANCE REMAINING ($ 21,859.14) The credit Balance may change if the number of lots is revised downward. From: Matusiewccz, Dan Sent: Tuesday, January 13, 1998 7:08 AM To: Temple, Patty Cc: Garcia, Jay Subject: FW: Pacific Bay Homes - One Ford Road Project How much of the Park Fees can I take now ($2,000,000 + $103,769.04)? From: Garcia, Jay Sent: Thursday, January 08, 1998 2:22 PM To: Wood, Sharon; Matusiewicz Dan Subject: RE: Pacific Bay Homes - One Ford Road Project Park Fee Zone 8, Account No. 4003-4708 From: Sent: To: Subject: Wood, Sharon Friday, December 26, 1997 4:52PM Garcia, Jay FW: Pacific Bay Homes - One Ford Road Project This is regarding Pacific Bay Homes giving us all of their fees up front for tax reasons and to expedite plan check and inspection. Can you answer Dan's question re: Park Fee Zone? Page 1 ril Thanks From; Matusiewicz Dan Sent: Friday, December 26, 1997 4:40PM To: Wood, Sharon Cc: Elbettar, Jay; Webb, Don Subject: RE: Pacific Bay Homes - One Ford Road Project I look forward to working with Jay on the Building permit issues. Two of the four checks were desinated for park fees ($2,000,000 and $103.769.04). Are both checks now eligible to be transferred to City accounts? Which Park Fee Zone should get the credit? I understand the IRWD agreement goes to Council for approval on Jan 12. 1 will work with Luci to move that money to the Sewer fund upon approval of the IRWD agreement. From: Wood, Sharon Sent: Friday, December 26, 1997 2:14 PM To: Matusiewlcz Don Cc: Elbettar, Jay Subject: RE: Pacific Bay Homes - One Ford Road Project Jay Elbettar will let you know who will be drawing down on plan check and building permit accounts, as well as when and how much. I think the park fee is ours to keep; the only thing that would lower it is their decision to build fewer units, which I think is very unlikely at this stage. The sewer pump depends on the City reaching agreement with IRWD; Don Webb knows the status and timing. From: Matusiewicz Dan Sent: Friday, December 26, 1997 1:24PM To: Wood, Sharon Subject: RE: Pacific Bay Homes - One Ford Road Project That's fine. Please let me know who is authorized to do so. Do you know if the Park Fees($103,769.04), the Sewer Pump Fees ($394,000) or any of the other aforementioned payments are ours to keep yet? From: Wood, Sharon Sent: Wednesday, December 24, 1997 10:38 AM To: Matusiewlcz Dan Subject: RE: Pacific Bay Homes - One Ford Road Project I think City staff, not Pacific Bay Homes, will be drawing down on the accounts to pay for plan check, permit and other fees. From: Matusiewicz Dan Sent: Wednesday, December 24, 1997 10:35AM To: Wood, Sharon; Webb, Don; Temple, Patty Cc: Romero, Luci; Danner, Dennis Subject: Pacific Bay Homes - One Ford Road Project City Account Number: 010-22037 As you may be aware, Pacific Bay Homes (PBH) has deposited $4,497,769.04 with the City to be held in trust for various purposes. They deposited 4 separate checks in the following amounts: $2,000,000, $2,000,000, $394,000 and $103,769.04. Currently, this money being held in trust for PBH and earning interest for this account. I need, from someone, a specific Page 2 A breakdown of when this money is to become revenue to the City (to the extent known). It is important to claim the City's portion on a timely basis so that excess interest earnings are not posted to this account unnecessarily. If possible, I would like a memo each time the City lays claim to any of the PBH deposit as an audit trail. I will also need a letter from PBH with a list of the individuals authorized to draw against their deposit when pulling permits etc. Please call me if you have any questions. Thanks Dan 3126 Page 3 r ,r jo 31 i�9.oy 20 5, 32.5.q-o 'A* ISS3Z d \538-1 @ (Ril.37 (-�O+ 64. -1(v to{s L' S l e+s dES Z1-7 851 -'1- 0 5047 / bb0.0� 2,2%s 325.'f'v 2 O 00 1) 0 ,0 2 5 325 e I °3,-,&q. d� 556,36 E 26�►,Roq.go fecP RJ =46 Feb l2 I?(, ?8, Igo, �e �►.�� d4.� c L 0 From: Wood, Sharon Sent: Friday, December 26,1997 2:14 PM To: Matusiewicz, Dan Cc: Elbetter, Jay Subject: RE: Pacific Bay Homes - One Ford Road Project Jay Elbettar will let you know who will be drawing down on plan check and building permit accounts, as well as when and how much. I think the park fee is ours to keep; the only thing that would lower it is their decision to buildtfewer units, which I think is very unlikely at this stage. The sewer pump depends on the City reaching agreement with IRWD; Don Webb knows the status and timing. From: Matusiewlcz, Dan Sent: Friday, December 28, 1997 1:24PM To: Wood, Sharon Subject: RE: Pacific Bay Homes - One Ford Road Project That's fine. Please let me know who Is authorized to do so. Do you know if the Park Fees($103,769.04), the Sewer Pump Fees ($394,000) or any of the other aforementioned payments are ours to keep yet? From: Wood, Sharon Sent: Wednesday, December 24, 1997 10:38 AM To: Matuslewicz, Dan Subject: RE: Pacific Bay Homes - One Ford Road Project I think City staff, not Pacific Bay Homes, will be drawing down on the accounts to pay for plan check, permit and other fees. From: Maluslawicz, Dan Sent: Wednesday, December 24,1997 10:35AM To: Wood, Sharon; Webb, Don; Temple, Patty Cc: Romero, Lucl; Danner, Dennis Subject: Pacific Say Homes - One Ford Road Project City Account Number: 010.22037 As you may be aware, Pacific Bay Homes (PBH) has deposited $4,497,769.04 with the City to be held in trust for various purposes. They deposited 4 separate checks in the following amounts: $2,000,000, $2,000,000, $394,000 and $103,769.04. Currently, this money being held In trust for PBH and earning interest for this account. I need, from someone, a specific breakdown of when this money is to become revenue to the City (to the extent known). It is important to claim the City's portion on a timely basis so that excess interest earnings are not posted to this account unnecessarily. If possible, I would like a memo each time the City lays claim to any of the PBH deposit as an audit trail. I will also need a letter from PBH with a list of the individuals authorized to draw against their deposit when pulling permits etc. Please call me if you have any questions. Thanks Dan 3126 irtij fLVM4S f i5 Page 2 4.7 Storm Drains. The City shall provide drainage capacity to the Project by allowing connection to existing City storm drains. 4.8 Park Fees. The Project shall comply with all City park requirements through the payment of park fees in the amount of $6,897.37 per residential unit. Ford shall advance Five Hundred Thousand Dollars ($500,000) in park fees to the City within sixty days after the Effective Date. The fees paid in advance shall be credited toward and satisfy park fees for the first seventy-three residential building permits issued for the Project. Thereafter, Ford shall pay $6897.37 per residential unit until all park fees required by this Agreement have been paid. These payments shall satisfy the City's Park Dedication Ordinance. No dedications or reservations of land except as expressly identified in the Development Plan shall be required of the Project. 4.9 Time for Construction and Completion of Proiect. Subject to the provisions of this Agreement and the Development Plan, Ford shall have the right to decide the timing, phasing, and sequencing of construction on the Property and shall be entitled to apply for, and receive timely approval of permits or approvals, at any time. 4.10 Extension of Tentative Man. To the extent permitted by law, the City shall extend through the term of this Agreement (pursuant to Government Code Section 66452.6) the Tentative Map (see Section 2.33 above) and all tentative subdivision maps applied for by Ford approved by the City in the future. 4.11 Phased Final Maps. As many as forty phased final maps may be filed for each tentative tract map approved fdr the Project. 4.12 Development Standards. Because this Development Plan has been prepared to meet the unique design parameters of this Project, the City Council has determined that rigid consistency with the City's development standards for other areas of the City is neither necessary nor appropriate. Therefore, as to this Project, the provisions of the Development Plan and this Agreement shall prevail over any conflicting provision of any other City ordinance or resolution. 4.13 Fees Taxes. and Assessments. The City shall not impose any additional fee, tax, or assessment on all or any portion of the Project or the Property, whether as a condition to a Future General Regulation or otherwise, except such fees, taxes, and assessments as are described in or required by this Agreement. Ford shall be responsible only for those fees, taxes, and assessments which presently are applicable to the Property under the General Regulations in effect on the Approval 062596.1059 1 F31331-002 / 15774.22 12 09j22198 CITY OF NSNPORT BEACH PAGE 1 RECEIPT DETAIL REPORT RECEIPT DATE HATCH BMPLOYHE CUSTOMER NAME CHECK NO CHECK AMOUNT CASH AMOUNT OTHER AMOUNT APPLIED CREDIT TOTAL IN REV CODE CUSTOMER ID ---------------------------------------------------------------- DESCRIPT/INVOICE -IN FUND -------- CASH _ACT -------- DEPARTME CRED_ACT ---------------- PROJECT PROJ_ACT -------- ------------------- AMOUNT 02000138680 10/30/97 103097 PERRY2 PACIFIC HAY HOMES 6482 100,000.00 .00 .00 .00 100,000.00 1 431D4708 TRACTk15332 PARK FEES -ZONE 8 4310 1000 4310 4708 100000.00 REPORT TOTALS : CHECK AMOUNT CASH AMOUNT OTHER AMOUNT APPLIED CREDIT TOTAL --------------------""--------- 100,000.00 .00 ---------------- .00 ---------------- ---------------- .00 100,000.00 Run Date: 09/21/98 Time: 17:24:26 PENTAMATION ENTERPRISES, INC. - CASH RECEIPTS MANAGER 5.0 RESIDENTIALZONING CORRECTIONS G Telephone: r(714) 644-3200 Plan Check No: ! 33 r By:Mnc Myers. Associate Planner By:AzizAslami,Associat fanner Proposed By: , Date Ia'3n-If i Address: 23'x' ;r4-4-0-� t`°"s tp DistrictingMapNo: Land Use Element Page No. fsv4 4,4- sa=c y v j Corrections Required: fin-, i7 C-LS Legal Description Lot Block Section Tract Verify legal description with Public Works �aCovenantrequired. Please have owner's signature notarized on the attached document and return to me. 04'LotSize 60'X00rbey Zone PC &P--No. of Units Allowed ,ew Proposed B'A Buildable Area MaxiumLotCoverage Lo7 31s06 `6) Maximum Structural Area 3-2-" 07" (Area including exterior walls, stairway(s) on one level and required parking). Z xbuildablearea. St 9S- "G lei x buildable area. footage. Open Space Area cu.ft. (Volume of space equal to at least six feet in any direction (6'x 6'x 6'% and open on at least two specified in Zoning Code. I_ Required Setbacks side and one end, unless otherwise 1 C IUM's - 4 7 Front �- la I ' 1 �f = G 3 ion &1 15 yu-+G > 346� 2G" 51 /iIG�GwtS 2 13 3 2 Rear 10 0 SAIL' 4 Right Side 5 Tn = 3-d (A s� o ,z,3ci 23'i Left Side 6 1Y341 Z39_— I W -n- z Note: The following may not be permitted to encroach into required setback: Balconies Fireplaces A'. ��i,,-Decks n Bay/Garden Windows ckarS'. 1"" ,& .t7' .L f+M !✓�a-a. J�Y.�� f�n .� fx�-.'= !'G 4-it CP 3-+3-3 Ff' y 3.1 1. Provide floor plan(s), fully dimensioned,showing all room uses. 2. Provide pl2 Ian, fullldimensioned, showing: • location of all buildings, and distance to property lines. distance from face of curb to front property line (verify with Public W rq ks) second and third floor footprints (if applicable) O- jections (i.e. fireplaces, bay windows), label distance(s)to PL(s) distance between buildings Height Limitation Measured from natural grade to mid-pointof roof. Code allows an additional5'0" to the peak of the ridge height. Allowablemidpoint/Flat 3Z1 _ QAllowable ridge height 3Tr imensionall elevations from natural grade to: �°"^ti �' aE bel natural grade and finished grade on all elevations. ,� ZtLA- May be in Flood Hazard Area. Check with Building Departmentfor in inimum finish floor elevations. T! Remarks ,s Required Parking: clearinside minimum dimension 9'-411x 19'single space 7'-6"x 19'twospaces 8' x 16'third/fourthspace(s) 'p ^ -t�, wr in g L elciearinsidedimensionsofprovidedparki s 0^1R4-- O'UA44 h� 'r-is demolition proposed? Number of units to be demolished Joaquin Hills TransportationCotridor Please indicate any discretionary approval numbers on the•plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings Modifications Committee: IndicateApprovalNo. on Plans Modification required Planning Commission/CitvCounci is Use Permit: No._ Variance: No._ Resubdivision/Tract: No._ Site Plan Review: No._ Amendment; No._ Other Public Works: Easement/EncroachmentPetmit Subdivision Engineer Traffic Engineer Approval of Landscape Plans SignificantLinks Building Department: Grading Engineer Parks Department: Approval of Landscape Plans —Yt—�a- Coastal Approval Required: Exempt, Because Categorical ExclusionNo.(C.E.O.) Effective Date (Note: Building permits maybe issued 10 days following issuance of C.E.O.) Approval In Concept (AIC) No. (Note: File 3 sets ofplans: site, floor, and elevations) Waiver# EffectiveDate Coastal DevelopmentPermitNo. Effective Date '""-d' &4'.e-w Chimney (and chimne caps etc.) heights permitted ly as required by U.B:C.or manufacturer spectfications i`us additional 12" maximum for cap/spark arrestor. PLANS: Pools, spas, walls, fences, patio covers and otherPreestanding structures require separate reviews and permits. 5. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. REMARKS: NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regardingyour application, please contact meat (714) 644-3200. 1p/c - v 3 -c 9'-J PROJECT DATA PLAN 1 ELEVATION 'C' ELEVATION ELEVATION 'E' IST FLOOR 1540 I5T FLOOR 1840 IST FLOOR 1540 2ND FLOOR 1554 2ND FLOOR 1256 2ND FLOOR 1286 TOTAL 31-14 TOTAL 312(2 TOTAL 51016 GARAGE 64-1 GARAGE 424 GARAGE 411 PORCH 161 PORCH 45 PORCH 48 DECK -n DECK 1011 DECK i4 OPTIONS: OPTIONS: OPTIONS: BEDROOM OPTION 239 BEDROOM OPTION 239 BEDROOM OPTION 239 DEN OPTION 236 DEN OPTION 239) DEN OPTION 236 PLAN 2 ELEVATION 'B' ELEVATION 'D' ELEVATION 'E' IST FLOOR 1-10"7 IST FLOOR 1"104 I5T FLOOR 1103 2ND FLOOR 1505 2ND FLOOR 1290 2ND FLOOR 1250 OFFICE 241 OFFICE 241 OFFICE 241 TOTAL 3255 TOTAL 3255 TOTAL 5224 GARAGE A 492 GARAGE A 492 GARAGE A 492 GARAGE B 195 GARAGE 5 151 GARAGES 151 PORCH 220 PORCH O PORCH 114 OPTIONS, OPTIONS: OPTIONS: 50R.4A/6AR. 221/214 BDR.4A/GAR. 221/201 BDR.4A/GAR. 221/201 GAR. WORKSPACE 436 GAR. WORKSPACE 422 GAR.WORK5PACE 422 OFFICE 436 OFFICE 422 OFFICE 422 BDRM 415 SUITE 411 5DRM 45 SUITE 411 5ORM 45 SUITE 411 RETREAT 215 RETREAT 215 RETREAT 215 LOFT -18 LOFT -15 LOFT 98 OFFICE/2-GAR 241/359 OFFICE/2-GAR 241/525 OFFICE/2-GAR 241/526 BDR 4A/2-GAR 221/559 BDR 4A/2-GAR 221/548 5DR 4A/2-GAR 221/346 80R.4B/6AR. 411/202 BDR.45/GAR. 411/191 5DR.48/GAR. 411/189 LOFT/GAR. 355/22I LOFT/GAR. 555/216 LOFT/GAR. 555/252 2ND FLR. 155 2ND FLR. 205 2ND FLR. 180 PLAN 3 ELEVATION 'C' ELEVATION 'D' ELEVATION 'E' IST FLOOR I619 IST FLOOR I6-15 IST FLOOR Ib'19 2ND FLOOR 1550 2ND FLOOR 1550 2ND FLOOR 1550 TOTAL 3229 TOTAL 5225 TOTAL 3229 GARAGE b92 GARAGE b98 GARAGE 692 171 COVERED ENTRY '71 COVERED ENTRY 61 COVERED ENTRY OPTIONS: OPTIONS: OPTIONS: BDRM.5 216 BORM.5 216 BDRM.5 216 DEN 192 DEN IcI2 DEN 192 2 CAR GAR. 4-72 2 CAR GAR. 4-18 2 CAR GAR. 472 3 CAR GAR. 685 3 CAR GAR. 685 3 CAR GAR. 685 LOFT 181 LOFT 151 LOFT 181 TEEN ROOM 151 TEEN ROOM 1951 TEEN ROOM 151 MASTER RETREAT I81 MASTER RETREAT 151 1 MASTER RETREAT 151 PLAN 4 ELEVATION 'B' ELEVATION 'D' ELEVATION 'E' IST FLOOR llcll I5T FLOOR 1601 15T FLOOR 11411 2ND FLOOR 1-180 2ND FLOOR 1i55 2ND FLOOR 117b3 TOTAL 55'117 TOTAL 3556 TOTAL 3560 GARAGE 551 GARAGE 551 GARAGE 551 COVERED ENTRY 50 COVERED ENTRY 14 DECK , 16 COVERED ENTRY 140 ►4°,,l Mac.Arth'u'r 7port Aeach , Rly'd.,Su,it-e California 9 2 6 6 qfevu i 3LC. 500 114c173-r`, "'-�(AewsCt) PROJECT DATA R 10'1 a' F� -VAIrW Vl 1 LVA'Ci',X. r7_:vA' 1v 1: ,� } IST FLOOR 2ND FLOOR IB40 1554 15Y FLOOR 2ND FLOOR 1840 1286 ISY FLOOR 2ND FLOOR I840 P • TOTAL' 5174 TOTAL 5126 TOTAL 1286 51g6 6APLA6E POnGH 641 181 6ARA6E PORCH 424 6ARA6E 411 DECK 77 DECK 45 107 PORCH DECK 4g 74 OPYIONyt OPTIONSi OPTIONSI BEDROOM OPTION 254 • BEDROOM OPTION, 2" BEDROOM OPTION 254 DEN OPTION -256' DEN OPTION 2-46 DEN OPTION 2-3 PLU.' 2 Vn1�tJ d i!' M.EVfiYrM V E1.:"VA7ii W 'E' $ IST FLOOR 2ND FLOOR 1707 1505 IST FLOOR 2ND FLOOR 004 1240- IST Fl OpR 1705 s OPPIGC. 241 OFFICE 241 2ND:PLOOR •, OF'I'tGE 1250 '-'-241 TOTAL 5255 TOTAL •6255 TOTAL 6224 6AKA&E A 6ARA6E B 442 6ARA6E A 442 6ARA61! A 442 PORCH .145 6ARA6E B 161' 6ARA6E B 181 220 PORCH O PORCH •114 . OPTIONS, BM 4A/6AR, 221/214, OPTIONSS BDR. 4A/6AIt 221/201 . OPTIONS '„aM 4A/6A;, ' 221/201 dAR WO411C,PACE . 436 6AR. WORKS*;64E 422 6AR-HORKSPAGE 422 Oise ICE BDRM 45 SUITE 456 411 OPFIGE BDRM 48 SUIT1: 422 411-- OPI'IGE 422 RZTRLaAT 215 .• RETREAT 215 FORM 46 SUITE RETREAT. 411 2I5 .Wr'Y ,78 '. LAPT 78. LOPY 78 PLAW ii E-L"VA11014 'C IF VA710:d• YY, �i CVA i ii 5 E' IST. FLOOR 2ND LAO: 1674 1550 1ST FLOOR 2NO FLOOR 1675 . I5TFLOR•- .1614 OOR " 1550 % TOTAL '9224' TOTAL TOTAL 5224 ri 6ARA6E 642 FiAKA6E 648 6ARA6E GOVCRL°•D ENT iY 71 COVERED ENTRY 61 COVERPO ENTRY ;.642 71 �a OPTIONSs OP710N5t OP 1ON5s d BDRM, 5 216 DORM. 5 -216 BM. 5 DR 216 DEN 2 GAl2 6AFL 142 472 DEN 2 GAR 6Al2. i42 478• DEN 2 GAR OAR. Ig1 472 8 GAR 6AR. 685 ' 5 GAR GAit 685 . -SC AR 6AR 685 'LOFT TEEN kOOM 161, I81 LOFT. TE TI ROOM161 • 181 . : •L.OPT' • TELN ROOM 181 1$1 MASTER RZTRPAT 181. , MASTER RETREAT .181' . : MASTER RETREAT• 161 PLA14 4 ELEVAMJ.Ir !U"VAMON V 1-Lr--VAMN T? IST FLOOR 2ND FLOOR . I7g'1 1780 IST FLOOR 2ND FLOOR 1601 . !Sf FLOOR'' 1747 1755 2ND FLOOR 1765 TOTAL 5577 TOTAL 555¢ TOTAL 5560 6ARA6E 551 6ARA6E 554 6AR661.° 551 j COVERED ENTRY 50 COVERED ENTRY 14 • -'COVERED ENTRY 140 _..._-. DECK 16 EXT°V.Ni tL FrNI+ HES, PLAN 'f eph F {TE"AdOFi FYf i! Viiv.Ci1 rtoaw ri0C7r" h ,tJti tiCrl .i; PLAN IF M NI A p MAWF• STONE I E"VCY 'EL DORADO' CLASS 'A" ASPHALT SFIINGLES " SI IN& PVCOLOR 51DIN6 W/ IL METAL STACKED R.21 ULp R21" CORNER EDGE SrONE NFR M"A IG80 M3!SfR + RESIDENTIALZONING CORRECTION. Aephone: 4714) 644-3200 Plan Check No: 14,-9zJ z 1 15E By:Mkrc Myers, Associate Planner By:Aziz Aslami, Associate Planner Proposed By: 1,0` xlvo' VpnV hraaj- FOO-0 , PC- % a)`i— 4-G Date Address: 2-3 0 a 4y-� kg-"-4 DistrictingMapNo: Corrections Required: Le ID t* Lot a4;+ t- JA AIA, Verify legal description Land Use Element t` �{ Pub icl Wo k5 t✓&Covenantrequired. Please have owner's signature notarized on the attached document and return to me. Lot Size 4r1) Ye ad' 6 O-go Y,tW,n 6A,Zone 14G -IL-No. of Units Allowed G4 Proposed dIk- l dt 04-" BuildableArea Maxium Lot Coverage "O a L36 as Maximum StructuralArea 4- (Area including exterior walls, stairway(s) on one level and required parking). '7- buildable area. + 3--b0+ / x buildable area. culationsverifying proposed square footage. ti�4a Open Space Area cu.ft. (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in any direction (6'x 6'x 6'), and open on at least two sides, or one side and one end, unless otherwise specified in Zoning Code. PU*J Z- 1j D a Wuont iredSetbacks 1^� t93o\3y35 t9i5 �1qz�%3 MVL I A=1 or / ' 3* � �a /8` � Rear 101 2-" -r-rt- ioo � Right Side 5 Lo Ft E Left Side 4" Note: The following may not be permitted to encroach into required setback: y� Balconies _ Joe Meck rAUJemarks�. P�Aat V Wh4lf0 -f h"- ���.BLA FMC 1. Provide floor plan(s), fully dimensioned, slu Fireplaces Bay/Garden Windows room uses. P� 2.Provide plot plan, fully dimensioned, showing: ,_cation of all buildings, and distanceto property lines. WIAW Height Limitation 3 & `14-+ distance from face of curb to front property line (verify with Puplic Works) sjeddadthird floor footprints (if applicable) all projections (i.e. fireplaces, bay windows), label ddiistance(s)to PL(s) distance betweenbuild�� �r h�i�J d Measured from natural grade to mid-pointof roof. Code allows an additional5'0" to the peak of the ridge height. 1 I Allowablemidpoint/Flat 3?' Allowable ridge height all elev//at_io/ns from natural grade to: �all _ fu i a and �� d�� all elevations. Y� Maybe in Flood Hazard Area. Check with Building Department for minimum finish floor elevations. Remarks a_ w ReQuiredParking clear inside minimum dimension 9'-4"x19'singlespace Y 17'-6" x 19'two spaces Wx 16'third/fourthspace(s) dW Label clear inside dimensions of providedparking spaces demolitionproposed7 SPECIAL APPROVALREOUIREDTHROUGH: Number of units to be demolished Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letterinto the bluelihedrawings Committee: Indicate Approval No. on Plans Planning Commission/CitvCouncil: Usepermit: No._ Variance: No._ Resubdivision/Tract: No._ Site Plan Review: No._ Amendment: No._ Other Public Works: Easement/EncroachmentPermit Subdivision Engineer Traffic Engineer Approval of Landscape Plans SignificantLinks Building Department: Grading Engineer Parks Department: Approval of Landscape Plans Coast IIlAnnrovalReauired: Exempt, Because Categorical ExclusionNo.(C.E.O.) Effective Date (Note: Buildingpermitsmay beissued l0days following issuance ofC.E.O.) Approval In Concept(AIC)No. (Note: File 3 sets of plans: site, floor, and elevations) Waiver# EffectiveDate Coastal Development PermitNo. Effective Date 0himney (a(ehimney caps etc.) heights permitted only as required by U.B.C.or manufacturer specifications plus additional 12" maximum for cap/spark arrestor. ON PLANS: Pools, spas, walls, fences, patio covers and otherfreestanding structures require separate reviews and permits. 5. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. REMARKS: NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regardingyour application, please contact meat (714) 644-3200. 1 T jephone: ,,(714) 644-3200 RESIDENTIALZONING CORRECTIONS Plan Check No: 113-17 Ry Marc Mvers, Associate Planner�> Proposed By: d ?d ! aa's Date L DistrictingMap No: Corrections Required: By:Aziz Aslami, Associate Planner Ste. y 6rTi�lG r--uw0 tic Address: z 3 co �� -/L�f Land Use Element Page No. bi Legal Description Lot Block Section Tract OI Verify legal descriptionwith Public Works ind6.Covenantrequired. Please have owner's signature notarized on the attached document and return tome. Lot Size L0 Mkt Gava,& ^ln , 64—Zone _1116 No. of Units Allowed 4,- /nt 414" BuildableArea Proposed 1 8i Maxium Lot Coverage G 0 s 34 on 1?1.) Maximum Structural Area 7"7-" t (Area including exterior walls, stairway(s) on one level and required parking). '2- xbuildablearea. x buildable area. footage. Open Space Area cu.ft. (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in any direction (6'x 6'x 6% and open on at least two sides, or one side and one end, unless otherwise specified in Zoning Code. Ot'00 3 D $ Required Setbacks Front --10' 4; 3-la3'ar 0' Rear lot 5 t -b -5 s� _- 41 l �}S 9 32zS 15ya i 3uot S-4) 21 Right Side 1 L'- ¢ Left Side 5' ' �� c 4'7- 47 Note: The following may not be permitted to encroach into required setback: Balconies Fireplaces Decks Bay/Garden Windows Remarks: 010- 1. Provide floor plan(s), fully dimensioned, showing all room uses. 3gzg � 3a21_"� 2.ProvidepI t lan,fullydimensioned, showing: ;tocation of all buildings, and distance to property lines. 64, distance from face of curb to front property line (verifyC th Public r s) �6 sec ndand third floorfootprints(ifapplicable) I^ rolections(i.e.f lac�e�,b�ywindows),label distance(s)toPL(s) pnf, distance betweenbuildings Height Limitation Measured from natural grade to mid-pointof roof. Code allows an additional5'0" to the peak of the ridge height. Allowablemidpoint/Flat 32 ( Allowable ridge height 3'4 / Dime - nallelevationsfromnaturalgradeto: e-.0 n-^-�� r n;-= 044 L e ,p,�1.oand finishe�gra� d�=all elevations. TL -- Maybe in Flood Hazard Area. Check with Building Departmentforminimum finishfloor elevations. ........... RenuiredParking: clear inside minimum dimension 9'-4" x 19'single space x 10third/fourthspace(s) clear Inside dimensions of provided parking spaces demolition proposed? Contribution Joaquin Hills TransportationCorridor SPECIAL APPROVAL REOUiRED TI•IROUGH: ✓ IT-6" x 19'two spaces Number of units to be demolished Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Plans Modification required Plannina Commission/CitvCouncil: Use Permit: No. Variance: No._ Resubdivision/Tract: No._ Site Plan Review: No._ Amendment: No. Public Works: Easement/EncroachmentPermit Subdivision Engineer Traffic Engineer Approval of Landscape Plans SignificantLinks Building Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal AyoroyalRequired: Exempt, Because Categorical ExclusionNo. (C.E.O.) EffectiveDate (Note: Building permits maybe issued 10days following issuance ofC.E.O.) Approval In Concept (AIC)No. (Note: Pile3Sets Ofplans: site, floor, and elevations) Waiver# EffectiveDate Coastal EffectiveDate i chimney caps etc.) heights permitted only as required by U.B.C.or manufacturer specifications plus " maximum for cap/spark arrestor. LANS: Pools, spas, walls, fences, patio covers and othgrfreestanding structures require separate reviews and permits. 'S. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. REMARKS: NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. Ifyou have questions regardingyour application, please contact meat (714) 644-3200. s r /Vi 1 RESIDENTIALZONING CORRECTIONS Ic T ��✓� �� } r �- elephone: �714) 644-3200 Plan Check No: 1�y:Marc Mvers, Associate Plann By:Aziz Aslami, Associate Planner Proposed By: /20 W 6 &D'-j Sfbn y 4'"V IL S /-V&'P .- PG A - fg5� Date Address:y3trD Glp 40t.R IQ- - DistrictingMap No: Land Use Element Page No. Corrections Required: wk- egal Description Lot Block Section Tract Verify legal description with Public Works Ln �Covenantrequired. Please have owner's signature notarized onthe attached document and return tome. l� Lot Size /00ikI.ro' c 6odD * l,&Zone wt1`h, p�No.ofUnitsAllowed d4l Proposed 1 GtiiLt OJL' Buildable Area Maxium Lot Coverage Maximum StructuralArea -j-•L-v-o- '�(Area including exterior walls, stairway(s) on one level and required parking). 7, buildable area. Pro osedStructuralArea: 11wo !' / x buildable area. Providet'issueoverayocalculationsverifyingproposedsquarefootage. Open Space Area cu.ft. (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in any direction (6'x 6'x 6% and open on at least two sides, or one side and one end, unless othbrwise specified in Zoning Code. p Required Setbacks _ �qe�, h5-o! Front IL=fa liY l�yall /WS �l 551 412-1 'A 416 I `k �ightSide 5 \ C/.li 6�W-s i Left Side Note: The following may not be permitted to encroach into required setback: Balconies Fireplaces Decks Bay/Garden Windows Remarks: I. Provide floor plan(s), fully dimensioned, showing all room uses. C142.Provideplo plan,fuly imensioned,showing: *0 location of all buildings, and distance to property lines. distance from face of curb to front property line (verify with Public Works) se ondand third floorfootprints(ifapplicable) pro ections(i.e. fireplaces,bay windows), label distance(s)to PL(s) Slo� distancebetweenbuildings Height Limitation Measured from natural grade to mid-pointofroof. Code allows an additional 5'0" to'the peak of the ridge height. Allowablemidpoint/Flat -324 Allowable ridge height 3 rI Dimension all elevations from natural grade to: and finished grade on all elevations. annummmmur 7441 Remarks Maybe in Flood Hazard Area. Check with Building Department for minimum finish floor elevations. t. Required Parking., clear inside minimum dimension 9'-4" x 19'single space 8'x 16'third/fourthspace(s) Label clear inside dimensions of provided parking spaces 1/*'� 17'-6" x 19'two spaces demolitionproposed? Number of units to be demolished Transportation Corridor SPECIAL APPROVAL REOUIREDTHROUGH: Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the biueline drawings approvalletter into the bluelinedrawings ModifrcationsCommittee: IndicateApprovalNo. on Plans Modification required Planning Commission/CitvCouncil: Use Permit: No. Variance: No._ Resubdivisiott/Tract: No._ Site Platt Review: No. Amendment: No.�_ Other _ Public Works: Easement/EncroachmentPermit Subdivision Engineer Traffic Engineer Approval of Landscape Plans SignificantLinks Building Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal Approval Reauired: Exempt, Because Categorical ExclusionNo.(C.E.O.) Effective Date (Note: Buildingpermits may be issued 10 days following issuance of C.E.O.) Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) Coastal Development !�i �J�-� �•--dof r �P+ U chcaps etc.) heights permitted only as required b .B.C.or manufacturer specifications plus additional 12" maximum for cap/spark arrestor. ON PLANS: Pools, spas, walls, fences, patio covers and otherfreestanding structures require separate reviews and permits. —5. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, conditions and restrictions which maybe recorded against the property or to obtain community association approval of plans. REMARKS: NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. Ifycu have quest onsregardingyour application,fdease co,,tacttnc at (714) 644-3200. EXHIBIT "A" Approved by the Planning Commission 618195 Approved by the City Council 7/10/95 FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL IMPACT REPORT NO. 153 GENERAL PLAN AMENDMENT 93-2(A) AMENDMENT NO.800 DEVELOPMENT AGREEMENT NO.8 TENTATIVE MAP OF TRACT NO. 14925 (Ford Land/Newport) A Environmental Impact Report No. 153 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 the proposed Final EIP,, which includes the Draft EIR, Comments and Responses, revisions to the Draft EK and all related documents in the record is complete and adequate to satisfy all the requirements of CEQA for the proposed project. 3. That the analysis and conclusions contained in the proposed Final EIR reflect the independent judgment of the Planning Commission, 4. That the Planning Commission has reviewed and considered the information contained in the proposed Final EIR prior to making its recommendations to the City Council. Mitigation Measures: ShortTerm Impacts from Demolition and Construction -related Activities. (See Sub -section 3.3.3.1.1 in Impact Analysis) Ii Soil disturbance shall be halted when winds in excess of 25 mph make dust control impractical. ' 2. To minimize emissions by reducing interference of construction traffic with regional non - project traffic movement, the following measures shall be implemented where possible: Scheduling receipt of construction materials to non -peak travel periods. Exhibit A - Final Findings and Conditions GPA 93.2(AYA 800rrIM 14925/DA 8 Page I Routing construction traffic through areas of least impact sensitivity.w Providing ride share incenfrves for contractors and subcontractor personnel. To avoid spill -over impacts on neighboring roadways, construction vehicles shall be hosed down before entering public roadways from any dirt road project areas, or shall be limited to exiting the site from only paved roads. V/4. The project access to public roadways shall be washed/swept at regular intervals to minimize dirt impacts on neighboring roadways. , 5. Emissions from on -site construction equipment shall be controlled through a routine mandatory maintenance program. Demolition and Construction -related Noise (see Sub -section 3.4.3.1.1 in Impact Analysis) �A note slating -these requirements__ shall be placed on aII demolition ,grading and_consuuction p1aT ns: ✓6. No stationary construction equipment shall be permitted to operate in a manner that results in either: /. An exterior noise level greater than 55 dBA Leq (daytime) or 50 dBA (nighttime) at the property line of any occupied residence, or fb. An interior noise level greater than 45 dBA Leq in any occupied residence. �7. Prior to the issuance of any demolition, grading or building permits the project applicant shall demonstrate that all construction staging shall be performed on -site as far as feasible from occupied dwelling. Remediation Equipment Noise (see Sub -section 3.4.3.1.2 in Impact Analysis) Prior to issuance of any building permit for remediation equipment, the applicant shall submit to the Building Department a report prepared by a licensed acoustical engineer certifying that operation of the equipment will not cause an increase in ambient noise of greater than 1 dBA nor exceed an exterior noise level of 55 dBA Leq (daytime) or 50 dBA Leq (night time), or an interior level of 45 dBA Leq, or as set forth in the City s Noise Ordinance. 9. Soil Remediation (see Sub -section 3.6.3.2.1 for Impact Analysis) Prior to issuance of a grading permit the applicant shall submit evidence acceptable to the Building Department that the additional investigations and/or remedial activities at APECs identified in Tables 2 through 8 contained in Appendix I (referred to in section 3.10--Public Health and Safety) have been performed and all shallow soil contamination within the planning Exhibit A - Final Findings and Conditions CPA 93-2(AyA 800/ITM 14925/DA 8 Page 2 area for that project phase has been remediated to acceptable levels as defined by the Health Risk Assessment(s) and approved by the OCHCA. f l J„�jp� 4^Jeb h- .�10. Demolition Sampling Plan (see Sub -section 3.6.3.2.1 for Impact Analysis) 77 Prior to the issuance of general grading permits, the project proponent shall submit a Post Demolition Investigation Work Plan to the City. The plan shall be, based on the potential presence of contaminated soils, and include procedures to be followed to identify contaminated soil during the subject facility demolition process. This plan shall include a stipulation that areas of contaminated soil will not be left uncovered during the rainy season. Remedial Action Plan (see Sub -section 3.6.3.2.2 for Impact Analysis) Prior to approval of any Final Subdivision Map that would create a legal building site for residential development, the project proponent shall provide the Newport Beach Planning Department a Groundwater Remedial Action Plan approved by the Regional Water Quality Control Board. Light and Glare (see Sub -section 3.8.3.3 of Impact Analysis) 12. Prior to the issuance of any building permit for a unity recrearion facility or common area that includes exterior lighting the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that in his or her opinion, this requirement has been satisfied. //Screening of Remediation Systems (see Sub -section 3.8.3.4 of Impact Analysis) �113. Prior to issuance of any building permit for a remediation system, the applicant shall demonstrate to the Planning Department that the screening for the structure substantially conforms to the illustrations provided in Figure 21 of the EIR. For purposes of this requirement, "interim facilities" shall mean those intended for an operation period of less than one year, and "long-term facilities" shall mean those intended for an operation period of one year or more. Fire Protection (see Sub -section 3.9.3.1 in Impact Analysis) 14. Prior to approval of tract maps or site plans, the project proponent shall make appropriate provisions to permit access by the Fire Department at all entry gates. Exhibit A - Final Findings and Conditions GPA 93-2(AyA 8OOrrrM 14925/DA 8 Page 3 Police (see Sub -section 3.9.3.2 in Impact Analysis) 15. Before approval of any residential building permit, the project proponent shall consult with the Police Department regarding appropriate crime prevention features in site and building design and construction. 16. Prior to approval of tract maps or site plans, the project proponent shall make appropriate provisions to,permit access by police at all entry gates. Project Demolition Prior to issuance of any demolition or grading permit a Project Demolition Manual shall be submitted by the applicant and approved by the Building and Fire Departments. All demolition plans and permits shall contain a note stating that all work shall be done according to the requirements and specifications contained in the manual. A copy of the approved manual shall be kept on site at all times and shall be made available to City inspectors, contractors and employees upon request. The manual shall include the following components: a. Removal of Hazardous Substances The manual shall describe the hazardous substances to be removed prior to demolition of structures, the cleanup standards to be met, and the procedures to be followed by the contractor. b. Health and SafM Plan The Health and Safety Plan shall be based on the potential presence of hazardous substances in buildings, equipment and in subsurface soils, and shall outline proper procedures and safe work practices to ensure the safety and protection of all workers involved in the demolition, environmental clean-up and general site activities, as well as residents of the surrounding area and the general public. The plan shall meet all applicable federal, state and local requirements. c. Demolition Sampling Plan The Demolition Sampling Plan shall be based on the potential presence of contaminated soils, and include procedures to be followed to identify contaminated soil during the site demolition process. d. Air Monitoring and Response Plan The manual shall include a plan for on -site and perimeter air monitoring to be conducted during demolition and grading, and a response plan describing remedial actions to be taken in the event that unacceptable levels of air emissions are detected. Exhibit A - Final Findings and Conditions GPA 93-2(AyA 800MM 14925/DA 8 Page 4 {—} 17) V/18. Pre -Demolition Building Certification Prior to the issuance of a demolition permit for each building, the project proponent shall demonstrate to the Building Department that all pre -demolition clean-up has been completed in compliance with the Project Demolition Manual. This certification shall include the following: ✓a. Removal of Hazardous Substances The applicant shall demonsfrate that hazardous substance removal has been completed in accordance with the Project Demolition Manual. Soil Remediation Prior to issuance of a grading permit the applicant shall submit evidence acceptable to the Building Department (in coordination with the Planning Department) that the additional investigations and/or remedial activities at APECs identified in Tables 2 through 8 contained in Appendix I have been performed and all shallow soil contamination within the planning area for that project phase has been remediated to acceptable levels as defined by the Health Risk Assessment(s) and approved by the OCHCA- J—&m' +." dam_ y/, ?�' Remedial Action Plan ice" Prior to approval of any Final Subdivision Map that would create a legal building site for residential development, the project proponent shall provide to the Newport Beach Planning Department a Groundwater Remedial Action Plan approved by the Regional Water Quality Control Board. yl� Pre -Development Health Risk Assessments c / /� Prior to approval of any Final Subdivision Map that would create a legal building site for residential development, the project proponent shall submit to the Planning Department an OCHCA-approved Health Risk Assessment(s) and Health -Based Cleanup Levels (HBCLs) demonstrating that all potential health risks associated with soil and groundwater contamination will be eliminated prior to residential construction. Health Risk Assessment(s) shall include both construction worker and residential scenarios. Concurrent with submittal to OCHCA, the applicant shall provide all data and reports in support of the Health Risk Assessment to the City for its independent review and analysis. Prior to issuance of any residential building permit the applicant shall demonstrate that either: 1) all appropriate remedial actions have been completed to the satisfaction of OCHCA and RWQCB; or 2) any remedial actions that continue after commencement of residential construction have been determined by OCHCA to have no health risk to occupants. Exhibit A - Final Findings and Conditions GPA 93-2(AyA 800fr M 14925/DA 8 Page 5 —� 22. Post -Development Health Risk Assessments Prior to issuance of a building permit for any remedial action that would remain in operation after commencement of residential development aqd may involve air emissions, the proponent shall provide the Building Department- with a copy of the air permit issued by the, South Coast Air Quality Management District (iSCAQMD)` SCAQMD uses risk assessment data to establish allowable air emissions which are stipulated in the permit conditions. __—;p 23. City Monitoring of Closure, Demolition and Remediation Activities Prior to issuance of any demolition or grading permit the City shall select and retain a qualified hazardous materials consultant to monitor and verify compliance with all adopted mitigation measures related to site closure, demolition, remediation and health risk assessment activities, with the cost of this consultant to be paid by the applicant. Both the consultant and the consultant's scope of work shall be acceptable to both the City and Ford. The applicant shall provide to the City or its designee in a timely fashion copies of all written corresponoence,with the OCHCA, RWQCB, and any other agency involved in review and approval of soil and groundwater remedfalion ofthe site.- B General Plan Amendment 93-2(A) Adopt Resolution No. 1393 recommending City Council approval of GPA 93-2(A). ✓C. Amendment No. 800 Adopt Resolution No. 1394 recommending City Council approval of Amendment No. 800. A. Development Agreement No. 8 Adopt Resolution No. 1395 recommending City Council approval of Development Agreement No. 8. In addition, the Planning Commission recommends that the following provisions be incorporated into the Development Agreement: ✓1. That as a public benefit, Ford Motor Land shall pay the cost of a traffic study evaluating potential solutions to the problem of through traffic from the Bison Avenue entrance in the Eastbluff neighborhood, and shall also pay the cost of implementing a solution agreed upon by the City and the Eastbluff community with the stipulation that if a solution other than the four possibilities outlined by the City Traffic Engineer is adopted, Ford's financial obligation shall not exceed the cost of the most expensive of those four solutions; and Exhibit - Final Findings and Conditions GPA 93-2(AyA 8OOrrrM 14925/DA 8 Page 6 2. That the Development Agreement reflect all of the conditions and mitigation measures contained in the EIR and ✓3. That the City Council consider including in the Development Agreement a provision for indemnifying the City from liability related to contamination of the site. E. Tentative Map of Tract No. 14925: Findings: 1. That the subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and its objectives, policies, general land uses and programs, and the Aeronutronic Ford Planned Community Development Plan and District Regulations. 2. That the site is physically suitable for the type of development proposed. 3. That the site is physically suitable for the density of development proposed. 4. That the design of the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. That the design of the subdivision is not likely to cause serious public health problems. 6. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 7. 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. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the final map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments Exhibit A - Final Findings and Conditions GPA 93-2(AyA 800/ITM 14925/DA 8 Page 7 T: t (one inch iron pipe with tag) shall be set On Each Lot Comer unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. That all improvements be constructed as required by Ordinance and the Public Works Department. 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. 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 and the Building Department. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 00000That the design of the private streets and drives conform with the City's Private Street 0 Policy (L-4), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 36 feet with parking on both sides. That the collector ring road shall have a minimum width of 40' curb to curb. That the cul-de-sacs shall be designed to conform to minimum City standards as shown in City Std. 103-L with planters or other designs as approved by the Public Works Department and Fire Department. That all bends in roadway shall be designed using the City standard knuckle Standard No. 104- L or other designs as approved by the Public Works Department to provide an adequate turning radius for moving vans and fire trucks. That all street curb returns shall have a minimum radius of 25'. That the location of all underground utilities in the private streets shall conform to City Std. 101-L. That a minimum centerline radius for private streets shall be 150', unless otherwise approved by the Public Works Department. 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 an Encroachment Agreement be executed for all non-standard paving improvements proposed in private streets and utility easements. 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, and trees with canopies above 8 feet will be considered. Exhibit A - Final Findings and Conditions GPA 93-2(AyA 800/lTM 149251DA 8 Page 8 00, That easements for ingress and egress be provided for all lots that do not have frontage along the private street system unless otherwise approved by the Public Works Department. 40000* 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. 11. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The gated entry shall have a minimum of two lanes in (one for visitors and one for owners). The guard gate shall be positioned so that a minimum of 80' is provided for automobile stacking. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 12. 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. 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. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. That the following improvements be completed: a. On Jamboree Road: That the left turn lane and traffic signal be removed at the Ford -Loral entrance. This will require the construction of a median island and landscaping, removal of the north bound deceleration lane into Ford -Loral which will require the construction of new curb, gutter and sidewalk improvements along a portion of the Jamboree Road frontage and possible installation of additional street lighting where the traffic signal was removed as approved by the Public Works Department. b. On Ford Road: That the unused drive aprons be removed and replaced with curb, gutter and sidewalk, and that the unused left turn lane be removed and replace with a median island and landscaping as approved by the Public Works Department. C. That deteriorated or displaced sections of sidewalk be reconstructed along the Jamboree Road and Ford Road frontages. That all work be completed under an encroachment permit issued by the Public Works Department. Exhibit A - Final Findings and Conditions GPA 93-2(AyA 800MM 14925/DA 8 Page 9 That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That the drainage from the slopes adjacent to Jamboree Road and Ford Road be picked up to concrete drainage swales and conveyed to the storm drain unless otherwise approved by the Public Works Department. That the drainage along the northerly tract boundary adjacent to Hartford Drive and Hillsdale Drive be directed away from tract boundaries and conveyed to the storm drain system. That the Water Capital Improvement fee be paid, unless otherwise modified or waived by the City Council. 21. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate •to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. That County Sanitation District fees be paid prior to issuance of any building permits. That the Public Works Department plan check and inspection fee be paid. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the Jamboree Road, Bison Avenue or Ford Road rights -of - way. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. That this map is for financing and conveyance purposes only, and no legal residential building sites shall be created until subsequent subdivision maps are approved and recorded. Building permits for non-residential structures (e.g., recreation facilities and Exhibit A - Final Findings and Conditions GPA 93-2(AyA 800MM 14925/DA 8 Page 10 guard gate entrances) may be issued upon recordation of this map and satisfaction of all applicable requirements, however. That all lettered lots shall be privately owned, landscaped and maintained. Prior to recordation of any final map the subdivider shall submit a street naming program for approval by the Planning Commission. F:1 W)NDO W SIPLANNINGIUGHN-D\FORD\PCIF&C-FINL.DOC Exhibit A - Final Findings and Conditions GPA 93-2(AYA 800fFrM 14925/DA 8 Page I STATE OF CALIFORNIA—CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON, Gommor Ntrt,utvfau �v CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD PLANNING OEPARTI�IEN"�Y. SANTA ANA REGION $737 MAIN STREET, SUITE 500 t•ITY OF NEWPORT BEACH RIVERSIDE, CA 92501.3339 NOV 51996 PHONE: (909) 782.4130 FAX: (909) 781.6288 71PM 819,101ll1121112A4016 November 4, 1996 1 Mr. Thomas Culek Ford Motor Land Development Corporation One Parklane Boulevard, Suite 1500 East Dearborn, MI 48126 MAIN AREA REMEDIATION, FORMER FORD AERONUTRON11C FACILITi79 NEWPORT BEACH Dear Mr. Culek: This is in follow-up to your October 16, 1996, meeting with Board staff regarding the above - referenced project. During the meeting you presented a summary of the results of the groundwater cleanup and the results of the rebound test conducted to determine the degree of cleanup achieved at the Main Area. The mass removal rate of volatile organic compounds (VOCs) from the saturated zone had leveled off. Also, therebound test indicates that the objective of the remedial action has been achieved. Currently, the remediation system has been shut down. At the meeting, you also requested relief from further cleanup action at the Main Area. Groundwater remedial action was initiated at the Main Area in January 1996 using thirty-eight dual soil vapor extraction/groundwater extraction wells. This aggressive remedial effort involved dewatering of the saturated zone and extraction of soil vapor from the dewatered unit. Approximately six pore volumes of groundwater and three hundred and seventy pore volumes of soil vapor were exchanged during the six months that the remediation system was in operation. Soil vapor and groundwater recovered from the wells were -treated by granular activated carbon systems. The soil vapor extraction removed a total of six hundred and twenty-two pounds of VOCs. The groundwater extraction removed a total of thirty-two pounds of VOCs. It appears that the remedial action was effective in reducing the mass of VOCs in the shallow saturated zone to the maximum extent practicable. Further remediation action is not expected to remove a significant mass of VOCs in the soil or groundwater. Therefore, on the condition that the information provided to this agency was accurate and representative of existing conditions, no further remediation action related to soil and groundwater is required at the Main Area of the site. We have no objection to the destruction of the dual soil vapor/groundwater extraction wells in accordance with applicable regulations. However, we request that extraction wells EW-01, EW-02, EW-03A, EW-04 and EW-34 be preserved. These wells should be utilized in conjunction with future activities planned for the off -site area downgradient from the Main Area. If preservation of these wells will interfere With the final grading efforts at the Main Area, we will not object to their destruction, provided that Mr. Thomas Culek Page 2 of 2 November 4, 1996 an adequate number of wells will be installed to replace these wells upon completion of the grading activities. As discussed at the October 16, 1996 meeting, we request that you submit a feasibility study report addressing groundwater investigation and remediation action for the area immediately downgradient of the Main Area. We are concerned about the potential for migration of highly impacted groundwater from this off -site area. The report should be submitted to us for review by January 31, 1997. Please be aware that all existing groundwater monitoring wells on and off -site are to be maintained and monitored to verify the long-term effectiveness of the cleanup. If you have any questions on this matter, please contact Robert L. Holub at (909) 782-3298 or Augustine Anijielo at (909) 782-3292. Sincerely, ✓� � Gerar J. Thibeault Executive Officer cc: Luis Lodrigueza - Orange County Health Care Agency Roy Herndon - Orange County Water District Geraghty and Miller, Inc. - Gary Boettcher City of Newport Beach - John Douglas Environmental Services Consortium, Inc. - Lyne Hethrington AEA/D.\W P W INTATAWAiN REM CEP CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 May 5, 1997 Mr. Robert L. Wynn Wynn & Associates 1601 Dove Street, Ste 105 Newport Beach, CA 92660 SUBJECT: Pacific Bay Homes, 2300 Jamboree Road Dear Mr. Wynn: Attached is a copy of the Health Risk Assessment and Case Closure letter from the County of Orange Health Care Agency. This letter provides May 1, 1997, as the start date for the completion of demolition on the Ford Motor Land project in Newport Beach. Pacific Bay Homes can now start the application for dwelling units on the subject property. This will become the date to redeem the sewer connection credit for developing the property for residential construction. Very truly yours, BUILDING DEPARTMENT Raimar W. Schuller Director RWS.jf c: Kevin Murphy Sharon Wood Patty Temple David Groverman Tom Daws 3300 Newport Boulevard, Newport Beach TOM DRAM OOYNIV Or on"G S euae a atapAvRm M.s. HEALTH CARE AGENCY 'U" Mica N PubuC RAWw�xr�uuti " c�� Nt aN SICI or ENV MCN FNTAL HUITH TElEP m p14` aaaem PAYS 6111 mcd May % 1997 Thomas Culek Ford Motor Land Development Corporation One Park Lane Bivd., Suite 1500 East Dearborn, MI 481U Subject. Approval of Health Risk Assessments and Case Closure Re.- Former Ford Aeronutronic Facility Main and Aemtherrnal (ATC) Areas 1 Ford Road Newport Beach, CA 92660 O.C.H.C.A. Case # 95ICS Dear lvfr. Culekl This letter Confirms the acceptance of the subject assessments dated November 1996 for the above -referenced site. With the provision that the information provided to this Agency was accurate and representative of ¢dating conditions, it is the position of this office that no further action is required at this time. This confirmption of completion is limited in scope. It is limited to site conditions made known to this Agency under the above subject case'number. It is based on an evaluation of the public health threat presented by the inhalation, ingestion, or dermal absorption of the contaminants in the affected soil, and inhalation of contaminants from affected groundwater. In addition, this evaluation considered both construction and residential scenarios, but did not include the former TSDF facility that was closed by the Department of Toxic Substances Control in February 1995. Groundwater contamination concerns will continue to be addressed by the Santa Ana Regional Water Quality Control Board. Please be advised that this letter does not relieve you of any liability under the California Health & Safety Code or Water Code for past, present of future operations at the site. Nor does it relieve you of the responsibility to clean up existing, additional or previously unidentified conditions at the site which cause or threaten MAY. 01 ' 97 ITHU1 It!00 COUMMICATION X003 PAor, 2 I IHI-PJl-1 OJi 1-,•11 ani u.�.�i �i� �-'-' ��•" •"-' "�' May 1,1997 Page 2 to cause pollution or nuisance or otherwise pose a threat to water quality or public health. It is the property owner's responsibility to notify this Agency of any changes in report content, future contamination findings or site usage. If you have any questions regarding this matter, please contact Luis Lodrigueza at (714) 667.3717. very truly yours, Kwn Y,hetd Karen L. Hodel, R.G. Program Manager Hazardous Materials Management Section Environmental Health Divigion KHL.LL: cG Robert Holub, Santa Ana Regional Water Quality Control Board Dennis Lockard, City of Newport Beach Gary Boettcher, Geraghty do Miller, Inc, William j. Diekmann, O. C. Supervising Hazardous Waste Specialist .,n,. ut It UnW 11:21 May 1,1997 OERAGHTY A HILLER 714 753 0945 COON v or OMMCM HEALTH CARE AGENCY PONUD RLALTN DIVISION 0! 1NY111GI1MENTAL RULTII Thomas CuIek Ford Motor 'Land Development Corporation One Park Lane Blvd., Wte 1500 Saet Dearborn, MI 48126 Subject: Approval of Health Risk Assessments and Case Closure Re: Former Ford Aeronutronic Facility Main and Aerothermal (ATC) Area 1 Ford Road Newport Beech, CA 92660 O.C.H.C. & Can # 9b1C8 Dear Mr. Culaks PAOE.2 Yy" �' "is W !tM 91 tmh M))eM 6 SgtnMQa116 MA, tam DM01M .IAOK MIL",M, M4R OWC(Y CIA'm taOD fACWAM AM i�YfAAM,LCAgKiOfg70 This letter coil&MA the acceptance of the subject easeasn WO dated November 1996 for the above -referenced site. With the provision that the information provided to this Agency was accurate and representative of axieting conditions, it is the position of We office that no further action is required at this time. This confirmation of completim 19 limited in scope. It is limited to site conditions made known to this Agency under the above subject case number. It is based on an evaluation of the public health threat presented by the inhalation, ingestion, or dermal absorption of the contaminants in the affected soil, end inhalation of contaminants from affected groundwater. in addition, this evaluation considered both construction and residential scenarios, but did not include the former TSDF facility that was closed by the Department of Toxic Substances Control in February 1995, Groundwater contamination concerns will continue to be addressed by the Santa Ana Regional Water Quality Control Board, Please be advised that this letter does not relieve you of any liability under the Califarrda Health & Ssfety Code or Water Code for past, present of future operations at the site, Nor does It relieve you of the responsibility to clean up wasting, additional or previously unidentified conditions at the site which cause or threaten MAY. OS ' 97 (THU) )•1 :0a OOW=I CATS ON Neils PAGE, 2 MAY 01 '97 14:11 313 594 4045 PAGE.02 Y MAY. 01 ' 97 (THU) 11 :22 CERACHTY 6 MILLER 714 753 0945 PACE. 3 Thomas Culek May L 1997 I Page z jto cause pollution or nuisance or otherwise pose a threat to water quality or public i health. It is the property owner's responsibriity to nobly this Agency of any changes in report content, future contamination findings or site usage. If you have any questions regarding this matter, please contact Luis Lodrigueza at i(714) 6673717. Very truly yours, y W4 Karen L. hodel, R.G. Program Manager Hazardous Materials Mxxtagenent Section Environmental Health Division IML LU cc Robert Holub, Sams Anx Rsgional Water Quality Control Board Dennis Laakard, City of Newport Beach Gary Boettcher, Geraghty & Miller, Inc. William J. Dlakmann, O. C. Supervising Hazardous Waste Specialist MAY. 01 197 1THU1 it; go COMMUNICATION N.:11 PAGA.3 MRY 01 '97 14:11 313 594 4045 PRGE.03 STATE OF CALIFORNIA—CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON, Govemor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 3737 MAIN STREET, SUITE 5D0 RIVERSIDE, CA 92501-3339 PHONE: (909) 782-4130 FAX: (909) 781-6288 November 21, 1996 Mr. Thomas Culek Ford Motor Land Development Corporation One Parklane Boulevard, Suite 1500 East Dearborn, Mi 48126 PLANNING DEPARTNIEN�1 r.1TY OF NEWPORT BEAW NOV 2 u 1996 PM 71g1g110,11,12,11213141516 A DESTRUCTION OF MONITORING WELLS P-1, P-59 AND W2Ai, FORMER FORD AERONUTRONIC FACILITY, NEWPORT BEACH Dear Mr. Culek: This is regarding the November 11, 1996, letter from Geraghty & Miller, Inc. regarding the destruction of the above listed wells. The wells are being destroyed to allow final grading activities at the site. New monitoring wells will be installed to replace these wells once the grading activities are complete. We have reviewed the letter and concur with the destruction of the wells as recommended. The destruction of the wells should comply with applicable laws and regulations. If you have any questions, please contact me at (909) 782-3292. Sincerely, r, i Augustine E. Anijielo Associate Water Resources Control Engineer Groundwater Investigation Section cc: Geraghty and Miller, Inc. - Gary Boettcher Orange County Health Care Agency - Luis Lodrigueza / City of Newport Beach - John Douglas Environmental Services Consortium, Inc. - Lyne Hethrington D.\W PWWATAIFORDW"ESr.GIW STATE OF CALIFORNIA--CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON. Govemor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 3737 MAIN STREET, SUITE 500 RIVERSIDE, CA 92501.3339 PHONE: (909) 782.4130 FAX: (909) 7QI-6288 September 26, 1996 Mr. Thomas Culek Ford Motor Land Development Corporation One Parklane Boulevard, Suite 1500 East Dearborn, MI 48126 EVALUATION OF OFFSITE GROUNDWATER MONITORING NETWORK, SOUTH OF THE FORMER ATC AREA, FORMER FORD AERONUTRONIC FACILITY, NEWPORT BEACH Dear Mr. Culek: This is regarding the above -referenced report prepared and submitted by your consultant, Geraghty and Miller, Inc. The report evaluated the propriety of the existing network of groundwater monitoring wells to track and verify the movement of pollutants south of the former ATC area. The monitoring wells located south of the site include P-12, P-14, P-15, W5T3, P-16, P-17, BCMW-10 and BCMW-11. The report indicates that the current monitoring well network is sufficient to detect changes in groundwater quality and to monitor the boundaries of the impacted groundwater south of the former ATC area. In September 1995, soil excavation and source removal actions, including excavation of the southwestern cesspool, were conducted at the former ATC area to remove highly impacted soils. Based on the information submitted, it appears that the existing network of monitoring wells is adequate to track the movement of pollutants remaining in the saturated zone at the ATC area. Therefore, we concur that no additional monitoring wells are necessary in this area of the site at this time. However, if the existing network of monitoring wells shows significant increases in groundwater chemical concentrations, you may be required to install additional monitoring wells and to initiate groundwater remedial action at this area of the site. If you have any questions on this matter, please contact me at (909) 782-3298 or Augustine Anijielo at (909) 78-3292. Sincerely, Robert L. Holub, Chief SLIC Section cc: Luis Lodrigueza - Orange County Health Care Agency Roy Herndon - Orange County Water District Geraghty and Miller, Inc. - Gary Boettcher City of Newport Beach - John Douglas Environmental Services Consortium, Inc. - Lyne Hethrington a . WD.%WPW=ATAIDUMMRD'A=F5R'.EVL 1, FA, *low wo FORD DEVELOPMENT PROJECT f g-C—G4&V6�JG' MITIGATION MEASURES (To be satisfied prior to issuance of mass grading permits) 6 l% 01.Certification letters from Lyne Hethrington stating compliance with mitigation measure to present. ote on mass grading plan drawings M.M # ^pro-) Submit evidence acceptable to the building and Planning Departments that the additional investigations and/of remedial activities at APECs have been performed and have been remedied to acceptable levels as defined by the Health Risk Assessment and approved by the OCHCA (M.M. #9). ( 4� Submit a Post Demolition Investigation Work Plan to the City for review and approval (M.M. #10). Submit a Project Demolition Manual for review and approval by Building, Fire and Planning Departments and add the note, as stated in mitigation measure #17. D0pp'icant shall submit evidence acceptable to the Building and Planning Departments at theadditional investigations and/or remedial activities at APECs have been rrmed and remediated to acceptable levels as defined by the Health Risk Assessment and approved by the OCHCA (M.M. #19). With the cost to be paid by the applicant, the City shall select and retain a qualified hazardous materials consultant to monitor and verify compliance with all adopted mitigation measures related to site closure, demo, remediation, and health risk assessments activities. • The applicant shall provide to the City or its designee in a timely fashion copies of all written correspondence with the OCHCA, RWQCB, and any other agency involved in review and approval of soil and groundwater remediation of the site. TENTATIVE TRACT NO. 14925 (To be satisfied prior to issuance of mass grading permits) 1. Public Works approval required (surety bonding for improvements, encroachment permits, etc.). pplicant shall demonstrate to the satisfaction of the Public Works and Planning Departments that adequate sewer facilities will be available for the project. Such demonstration shall include written verificat�n from the Orange County station District and the City's Utilities Department J" kttA g'26 1 q b� Note on grading plan drawings, condition no. 24. �� 4. Certification letters from an Archaeologist and Paleontologist stating that the site has been examined to determine the existence and extent of any archeo or paleo artifacts and resources as in accordance with the adopted policies of the City of Newport Beach (see K-5 City Council Policy excerpt for reference). O/t / 1c 42 ?-�+ 30 #- 4 e 8. Archaeological/Paleontological Resources Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archeological and paleontological resources in accordance with adopted policies of the City of Newport Beach. 9. Public Health and Safety Requirements (Planning Area 4) The Ford Motor Land Services Corporation or its successor shall comply with all requirements and mitigation measures related to public health and safety as described in Final EIR No. 153 for Planning Area 4. K-5 ARCHAEOLOGICAL GUIDELINES L GENERAL POLICY. The policies set forth below shall be used to guide the development or redevelopment of lands within the City: A. The City shall, through its planning policies and permit conditions, insure the preservation of significant archaeological resources and require that the impact caused by any development be mitigated in accordance with the California Environmental Quality Act Of IW4 B. The City shall prepare and maintain sources of information regarding archaeological sites and the names and addresses of responsible organizations and qualified individuals who can analyze, classify, record, and preserve archaeological findings. C. If determined to be necessary by the Environmental Coordinator4 it shall be the responsibility of a landowner or developer prior to the commencement of land development to cause the proposed site to be examined to determine the existence and extent of archaeological resources. The examination shall be by qualified observers, approved by the City. The observers shall prepare and submit to the City a written report describing findings and making recommendations for further action. The report shall discuss both positive and negative aspects of the effects of the proposed development on archaeological resources. The report shall be considered as part of the CEQA review process and, if appropriate, the recommendations shall be included as mitigation measures and conditions of approval for the project. D. Based on the report and recommendations of the observers, the City shall take such steps as are necessary to assure that any findings or sites are recorded, preserved and protected. These steps may include requiring the landowner or developers to incur reasonable expenditures of time or money, encouraging the involvement of appropriate volunteer or non-profit organizations or acquisition of the sites by public or private agencies. Provision shall be made for the deposit of scientifically valuable archaeological materials which are removed from the site with responsible public or private institutions. In all cases, the City shall seek responsible scientific I K-5 advice and make the necessary decisions consistent with the public interest. M PROCEDURES. The following procedures shall be used in examining and reporting on possible archaeological sites. If determined to be necessary by the Environmental Coordinator, there shall be a walk -over site survey and, if warranted, a pregrading conference prior to the commencement of any land alterations. A. Procedures and Findings: 1. Records: Demonstration shall be made that a records check was completed and the results stated in the text of the final report. 2. Background: Background information shall be provided summarizing the significance of scientific, cultural and historical perspectives to the project area. Sources must be referenced. 3. On -site survey: The following descriptions shall be made in sufficient detail to allow verification of work: a) Methods of reconnaissance: 1) surface 2) sub -surface b) A list of personnel and affiliation c) Date and location of research d) Condition of area surveyed which may have effect on archaeological findings e) Observations and data - description of archaeological resources found f) Location of material and data collected 2 c -a K-5 g) Notification of professionals in related disciplines where necessary, such as historians and paleontologists. 4. Evaluation of impact (direct and indirect): a) Description of impacts b) Significance of impacts B. Development Alternatives: 1. Methods to achieve site preservation: a) Revision of construction or development plans in the event of exceptional site, worthy of preservation and/or nomination to the National Registry (Historic Preservation Act of 1966). b) In the event that development ensues in areas ( adjoining the site that would involve potential impact by virtue of this proximity, steps should be taken to: 1) protect the site by adequate means, such as fencing or other approved measures. 2) stabilize where indicated 3) restore damage occurring as a result of proximity of the source of impact c) Restoration where applicable 2. Archaeological excavation: a) Full-scale, research -oriented excavation, properly planned and organized, adequately funded, and with sufficient time, is the preferred method of partial mitigation. The consultant's proposal to the City, included in the EIR, should contain, in detail, costs, procedures, time required and a statement of the importance of the work to be performed. This 3 K-5 proposal may then be included in a conditional permit or be required prior to the issuance of a permit. b) Emergency salvage excavation is the least preferred method of partial mitigation. The result of poor planning, salvage techniques of excavation constitute an adverse impact or archaeological resources and represent the irreplaceable loss of a site. C. Qualification of Consultants: Provisional to professional licensing, minimum qualifications for consulting archaeologists shall be satisfied by their listing in the Directory of Archaeological Consultants, available from the Society for California Archaeology, or the list of certified archaeologists maintained by the County of Orange. Verification regarding qualifications shall be made by the Environmental Coordinator. Adopted - January 13,1975 Amended - January 24,1994 Formerly K-6 4 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANNING DEPARTMENT (714) 644-3200 Pacific Bay Homes 4041 MacArthur Blvd.,#500 Newport Beach, CA 92660 ApplicationNo: Applicant: Address of Property Involved: Legal Description: To Pacific Bay Homes: MODIFICATION PERMIT November 17,1997 Modification Permit No. 4625 Pacific Bay Homes 8 Thunderbird Drive L 6ract No. 15390 ?O 4-0 J► ,c �f�«r r l• Z�• Modification Requested: A Modification of the Zoning Ordinance to permit a new garage in conjunction with a new single family residence to be set back 9 feet, 5 inches from the front property line where the Code requires garages be set back from 3 feet to 7 feet from property line, or 18 feet with a roll -up garage door or 20 feet with a standard garage door The Modifications Committee on, November 12, 1997, voted 3 ayes to approve the application subject to the following condition: 1. That development shall be in substantial conformance with the approved plot plan, and elevations, except as noted in the following condition. 2. That parking of vehicles over public right-of-way in front of the garage shall be prohibited. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. That the proposed encroachments are a logical use of the property that would be precluded by strict application of the zoning requirements for this District because: 3300 Newport Boulevard, Newport Beach November 17, 1997 r Page - 2 • The three car garage is located at a curved section of the street and setting the garage further back will reduce the amount of rear yard space due to the shallow lot depth. 2. That the proposed encroachments will not be detrimental to the surrounding area or increase any detrimental effect of the existing use because: • The proposed garage encroachment will not affect the flow of air or light to adjoining residential properties. • The proposed garage encroachment will not obstruct views from adjoining residential properties because of the curved nature of the street. • The proposed setback encroachments are minor in nature. • The encroachments will not interfere with sight distance from any street, alley or driveway. 3. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). NOTE: This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.81.090 of the Newport Beach Municipal Code. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of $876.00. No building permits may be issued until the appeal period has expired. MODIFICATIONS COMMITTEE By — Eug#iia Garcia Associate Planner eg*jh C CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714) 644-3200 Pacific Bay Homes 4041 MacArthur Blvd., #500 Newport Beach, CA 92660 ApplicationNo: Applicant: Address of Property Involved: Legal Description: To Pacific Bay Homes: MODIFICATION PERMIT October 3, 1997 4610 Pacific Bay Homes 8 Thunderbird Drive 30 Lot, Tract No.15390 Modification Requested: To permit a portion of the area in front of the garage to exceed 7 feet, for a total of 9 feet 5 inches where the Code requires garages be set back from 3 feet to 7 feet from property line or 20 feet. Also included is a request to encroach 9 inches into the required 10 foot front yard setback with portions of the second floor, on property located in the PC District. The Modifications Committee on, September 30, 1997, unanimously approved the application subject to the following condition: 1. That development shall be in substantial conformance with the approved plot plan, and elevations, except as noted in the following condition. 2. That parking of vehicles over public right-of-way in front of the garage shall be prohibited. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. That the proposed encroachments are a logical use of the property that would be precluded by strict application of the zoning requirements for this District because: 3300 Newport Boulevard, Newport Beach NEWPORT BEACH, CA LEGEND L 'm gmf WW -mV 00 Lo WUY6 K. •M ,MC• WS Modification Permit No. 4610 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714) 644-3200 October 3, 1997 Pacific Bay Homes 4041 MacArthur Blvd., #500 Newport Beach, CA 92660 ApplicationNo: 4608 Applicant: Pacific Bay Homes Address of Property Involved: 1 Thunderbird Drive Legal Description: Lot 36, Tract No. 15390 Dear Pacific Bay Homes: Modification Requested: To permit a portion of the area in front of the garage to exceed 7 feet, for a total of 7 feet 8 inches where the Code requires garages be set back from 3 feet to 7 feet from property line or 20 feet. Also included, is a request to encroach 1 foot 5 inches into the required 10 foot front yard setback with portions of the second floor, on property located in the PC District. The Modifications Committee on, September 30, 1997, unanimously approved the application subject to the following condition: That development shall be in substantial conformance with the approved plot plan, and elevations, except as noted in the following condition. 2. That parking of vehicles over public right-of-way in front of the garage shall be prohibited. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. That the proposed encroachments are a logical use of the property that would be precluded by strict application of the zoning requirements for this District because: 3300 Newport Boulevard, Newport Beach October 3,1997 Page - 2 • The three car garage is located at a curved section of the street and setting the garage further back will create a larger area that is more conducive to the parking of vehicles but will not meet the requirements of the Code. 2. That the proposed encroachments will not be detrimental to the surrounding area or increase any detrimental effect of the existing use because: • The proposed garage encroachment will not affect the flow of air or light to adjoining residential properties. • The proposed garage encroachment will not obstruct views from adjoining residential properties because of the curved nature of the street. • The proposed second floor encroachments are minor in nature. • The encroachments will not interfere with sight distance from any street, alley or driveway. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). NOTE: This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.81.090 of the Newport Beach Municipal Code. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of $876.00. No building permits may be issued until the appeal period has expired. MODIFICATIONS NE"ORT BEACH, CA 10vE5 IN Tua 197W 1 r S 77 J 7! S7 J .7 N p N .7 JA a t N Y 7) bb i •„ as i J.r J \cn 7f • 7J V LEGEND p p lon rtJ.tf'�4 JJ'du v7J l+M 11.17�1t •14 N 10 �,ylr w• •K 1Y.7 V. Y I Y 'P' Y t Modification Permit No. 460.8 yr , CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANNING DEPARTMENT (714) 644-3200 Pacific Bay Homes 4041 MacArthur Blvd., #500 Newport Beach, CA 92660 ApplicationNo: Applicant: Address of Property Involved: Legal Description: To Pacific Bay Homes: MODIFICATION PERMIT October 3,1997 4609 Pacific Bay Homes 7 Thunderbird Drive Lot 33, TractNo.15390 Modification Requested: To permit a portion of the area in front of the garage to exceed 7 feet for a total of 10 feet 2 inches where the Code requires garages be set back from 3 feet to 7 feet from property line or 20 feet. The three car garage is located on a curved section of the street. Also included is a request to encroach 7 inches into the required 10 foot front yard setback with portions of the second floor, on property located in the PC District. The Modifications Committee on, September 30, 1997, unanimously approved the application subject to the following condition: 1. That development shall be in substantial conformance with the approved plot plan, and elevations, except as noted in the following condition. 2. That parking of vehicles over public right-of-way in front of the garage shall be prohibited. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. That the proposed encroachments are a logical use of the property that would be precluded by strict application of the zoning requirements for this District because: 3300 Newport Boulevard, Newport Beach October 3,1997 ti Page - 2 The three car garage is located at a curved section of the street and setting the garage further back will create a larger area that is more conducive to the parking of vehicles but will not meet the requirements of the Code. 2. That the proposed encroachments will not be detrimental to the surrounding area or increase any detrimental effect of the existing use because: • The proposed garage encroachment will not affect the flow of air or light to adjoining residential properties. • The proposed garage encroachment will not obstruct views from adjoining residential properties because of the curved nature of the street. • The proposed second floor encroachments are minor in nature. • The encroachments will not interfere with sight distance from any street, alley or driveway. 3. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). NOTE: This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.81.090 of the Newport Beach Municipal Code. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of $876.00. No building permits may be issued until the appeal period has expired. MODIFICATIONS COMMITTEE ■© VICINITY MAP Tua 153W / 7 t 3Y 10 U �� 4p w I t3 N It /e r1 3 3e 2• / Y2 a k k K 37� M ! y D as 12e 4e 33r u � • 33 LEGEND 1e p 1M KN ui���� I IS 13i 12 tt N 1N 44tR rt•,X A.CI YVS ,x NI P Y •M MM%r: NEWPORT BEACH, CA pa HOMES ay HOMES 1 �• it w r b e7 x. u yx w 1/a b• tl U � 7e �! eee wel U� kk 470 a 7 3 as a 1e� a ee tl QA YJ ! Ss.T olx.ua c..ca 3o ,u i, iys OttK eT Jed E]7 � 31 xx yl. 35a4 ,a]e 6tx x/Oe �32M 1Y °4k k•]e el r ' D 55 ]] u M �sx p45 eo x/ x•U 31D y�i c°I 5 /Ir Tttea�M M13 R A 42 °e b/ W Sea C y2x' 1 k /3 47 n 3e 37,a x 1 /2 1 45 47,/6, 71 ' >. am be 5° 0 1,% W el a wIuID/I,K lam TOM 47015367 42x el 7 Ie x !n f1 r YD x 3 w ptt t en eK TK am t 'a am y � I Modification Permit No. 4609 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714) 644-3200 Pacific Bay Homes 4041 MacArthur Blvd., #500 Newport Beach, CA 92660 ApplicationNo: Applicant: Address of Property Involved: Legal Description: To Pacific Bay Homes: MODIFICATION PERMIT November 17,1997 Modification Permit No. 4626 Pacific Bay Homes 6 Bighorn Drive Lot, Tract No. 15390 Modification Requested: A Modification of the Zoning Ordinance to permit a new garage in conjunction with a new single family residence to be setback 10 feet, 9 inches where the Code requires garages be set back from 3 feet to 7 feet from property line, or 18 feet with a roll -up garage door or 20 feet with a standard garage door. Also requested is a 2 foot, 9 inch encroachment into the required 10 feet front yard setback with portions of the second floor of the new dwelling. The Modifications Committee on, November 12, 1997, unanimously approved the application subject to the following condition: That development shall be in substantial conformance with the approved plot plan, and elevations, except as noted in the following condition. 2. That parking of vehicles over public right-of-way in front of the garage shall be prohibited. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood.and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. That the proposed encroachments are a logical use of the property that would be precluded by strict application of the zoning requirements for this District because: 3300 Newport Boulevard, Newport Beach November 17, 1997 Page - 2 • The three car garage is located at a curved section of the street and setting the garage further back will reduce the amount of rear yard space due to the shallow lot depth The second floor is designed to structurally match the proposed location of the second floor • A small portion of the second floor encroaches but is set back from the street approximately three feet more than the ground floor garage. 2. That the proposed encroachments will not be detrimental to the surrounding area or increase any detrimental effect of the existing use because: • The proposed encroachments will not affect the flow of air or light to adjoining residential properties. • The proposed encroachments will not obstruct views from adjoining residential properties because of the curved nature of the street. • The proposed setback encroachments are minor in nature. • The encroachments will not interfere with sight distance from any street, alley or driveway. 3. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). NOTE: This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.81.090 of the Newport Beach Municipal Code. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal filed -shall be accompanied by a filing fee of $876.00. No building permits may be issued until the appeal period has expired. MODIFICATIONS COMMITTEE By Euge�a Garcia Associate Planner egJtJ INDEMNITY AND HOLD HARMLESS AGREEMENT TGt-C.i C 1,C whose address is: in consideration of agrees to the following terms aifd conditions: Indemnitor shall indemnify and hold harmless City, its employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the services, work, or activities conducted or performed by Indemnitor in connection with this Agreement. Indemnitor shall indemnify and hold harmless the City, its City Council, boards, commissions, officers, agents, servants and employees from and against any and all claims and losses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies in connection with the services, work, or activities con ucted or performed open tG2bdemnitgqrppursu nt��i TaYee ;u_Lo ' Ion i10. 1 IN W}TNESS WHEREOF, this Agreement is executed on this 1.24A r day of ebruvr 199-.. IN MNITOR: fir/ L�(r+ ma--v7'cu5/ D. }o r ,Ur c. ilDYrie6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of a4 County of, On la,1Gq fr before me, - t�. J�;,n 11�, , ,.. Luz, TE AME, TITLE OF OFFICER-E.G.," NE DOE, NO ARY PUBLIC' personally appeared 6--9� NAME(S) OF SIGNERS) El personally known to me - OR -proved to me on the basis of satisfactory evidence to be the person(s) whose name,(- is/&F& subscribed to the within instrument and ac- knowledged to me that he/sl;94hey- executed the same in his/"TGf4h-e 1I authorized capacity(4o-&), and that by his/l�I�TA o„ OFFICIIALSISAL signature(s)-on the instrument the person(&); VMUMNOTrwr ~CCu.1�FORM LO or the entity upon behalf of which the iCOMMISSIC0ORANGE COUNTY 43264 � persoro-)--acted, executed the instrument. Mp Carominlon EW. July 20. 2001 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE @1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 INDEMNITY AND HOLD HARMLESS AGREEMENT whose address is: ()hee/7 hereinafter "Indemnitor") consideration of as '�iu Pn'Yullt 4C,- &,,Y ^ PM, 4VIIZ a-- 10.S }oa+ y agrees to the following terms and conditions: Indemnitor shall indemnify and hold harmless City, its employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the services, work, or activities conducted or performed by Indemnitor in connection with this Agreement. Indemnitor shall indemnify and hold harmless the City, its City Council, boards, commissions, officers, agents, servants and employees from and against any and all claims and losses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies in connection with the services, work, or activities conducted or performed by Indemnitor pursuant to this Agreement. IN�j THE S WHEREOF, this Agreement is executed on this 3rd day of /-�'py7 199 g . INDEMNITOR: %, %f?�✓cus b. La�st��� J INDEMNITY AND HOLD HARMLESS AGREEMENT lea_,grC_&„ +1,0we s whose address is: uoq t filao yi3L, S 6 Soo (hereinafter "Indemnitor") in eonsid to the following terms and conditions: Indemnitor shall indemnify and hold harmless City, its employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the services, work, or'activities conducted or performed by Indemnitor in connection with this Agreement. Indemnitor shall indemnify and hold harmless the City, its City Council, boards, commissions, officers, agents, servants and employees from and against any and all claims and losses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies in connection with the services, work, or activities conducted or performed by Indemnitor pursuant to this Agreement. IN TNESS WHEREOF, this Agreement is executed on this 3 day of ll , 1991. INDEMNITOR: F�I'cd1stC5 ,� . INDEMNITY AND HOLD HARMLESS AGREEMENT r whose address is: 4241 _/Y(ao in consideration of agrees th the following terms and conditions: Indemnitor shall indemnify and hold harmless City, its employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the services, work, or activities conducted or performed by Indemnitor in connection with this Agreement. Indemnitor shall indemnify and hold harmless the City, its City Council, boards, commissions, officers, agents, servants and employees from and against any and all claims and losses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies in connection with- the services, work, or activities conducted or performed by Indemnitor pursuant to this Agreement. IN WITNESS WHEREOF, this Agreement is executed on this day of A2Yl 199K INDEMNITOR: 3y�/ 4 �%rr/ictl5 �,:),n��n 1 r�Jea1 �1'%n�r INDEMNITY AND HOLD HARMLESS Ae-lvjov whose address is: o AGREEMENT in considdration of 21 agrees td the following terms and conditions: Indemnitor shall indemnify and hold harmless City, its employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the services, work, or activities conducted or performed by Indemnitor in connection with this Agreement. Indemnitor shall indemnify and hold harmless the City, its City Council, boards, commissions, officers, agents, servants and employees from and against any and all claims and losses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies in connection with the services, work, or activities conducted or performed by Indemnitor pursuant to this Agreement. IN WPE$, WHEREOF, this Agreement is executed on this 3r day of /� Y) , 1999 . INDEMNITOR: LA pad ay HOMES May 19, 1998 Mr. Jay Garcia Mr. David Groverman CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658-8915 Re: Sound Ordinance Disclosure Stonybrook Product, Tract 15391 Dear Messrs. Garcia and Groverman: The noise analysis for Stonybrook air conditioning units indicates that the interior noise level, as measured with open windows, exceeds the levels allowed by Section 10.26.030 of the City of Newport Beach Municipal Code (the "Code"). Section 10.26.045.0 of the Code provides an exemption of the interior noise measurement, provided that the written consent of all affected property owners is obtained. In order to comply with Section 10.26.045.0 of the Ordinance, Pacific Bay Homes will require each original buyer of the Stonybrook product to execute a Sound Ordinance Disclosure in the form of Exhibit "A" as a part of the purchase documentation. Thank you for your assistance in this matter and please give me a call with any questions at (714) 440-7203. Sincerely, -;,� 4-5-, 0 & Marcus D. Lamkin Project Manager cc: Fred Greve, w/enclosure Stonybrook Sound File G.lprolmanlfordrdisnftse 2 doe 4041 MacArthur Boulevard, Suite 500, Newport Beach, CA 92660 (714) 440-7200 • Fax (714) 833-7557 EXHIBIT "A" SOUND ORDINANCE DISCLOSURE The undersigned Buyer and Seller agree to amend and supplement as follows the Contract for Purchase and Sale and Receipt for Deposit, dated , 199 , as heretofore amended, if at all ("Contract"), between them for the purchase of Lot of Tract No. of One Ford Road in the City of Newport Beach, County of Orange. As provided in Section 2.12 of the Declaration (as defined in the Basic Addendum attached hereto), Buyer is aware of and shall be responsible for complying with all municipal noise control provisions within the City of Newport Beach, including without limitation, Municipal Code Chapter 10.26, as may be amended ("Sound Ordinance"). Without in any way limiting Buyer's obligation to comply with all requirements of the Sound Ordinance, Seller hereby notifies Buyer that the operation of the air conditioning equipment installed on the Property when the windows of the residence are open, may not meet the noise level requirements set forth in Section 10.26.030 of the Sound Ordinance. However, Section 10.26.045 of the Sound Ordinance provides that in the event the minimum noise levels permitted by Section 10.26.030'are exceeded, an owner may still comply with the requirements of the Sound Ordinance by operating the air conditioning equipment within the increased noise levels set forth in Section 10.26.045C, if written consent to operation of the air conditioning equipment is obtained from affected property owners. When written consent to operate the air conditioning equipment is obtained .from each affected owner, Buyer shall be obligated to operate such air conditioning equipment in his or her residence at or below the minimum noise levels set forth in Section 10.26.045C of the Sound Ordinance. Seller agrees to obtain a written consent from each initial buyer of a lot within the Project approving of the noise levels for operation of the air conditioning equipment installed within each. residence by Seller in order to meet the Sound Ordinance requirements set forth in Section 10.26.045C. However, Buyer hereby acknowledges that Seller shall have no further obligation to obtain consents from any subsequent purchasers or for compliance with the Sound Ordinance. Buyer shall notify any subsequent purchaser acquiring the Property from Buyer of the existence of the Sound Ordinance as provided in Section 4.5 of the Declaration. UPON EXECUTION OF THIS SOUND ORDINANCE DISCLOSURE, BUYER HEREBY GRANTS TO HIS/HER/THEIR NEIGHBORS WITHIN THE PROJECT PERMISSION TO OPERATE THE AIR CONDITIONING EQUIPMENT INSTALLED WITHIN EACH RESIDENCE OF THE ONE FORD ROAD PROJECT BY SELLER AT THE NOISE LEVELS ALLOWED BY SECTION 10.26.045C OF THE SOUND ORDINANCE. Buyer's obligation to comply with the Sound Ordinance is not limited to operation of the air conditioning equipment. All other terms and conditions of the Contract remain unchanged. Buyer acknowledges that Buyer has read and understands this Addendum and agrees to and accepts the terms and conditions contained herein. Seller agrees to sell on the terms and conditions set forth above. DATED: SALES AGENT: DATED: BUYER: BUYER: Accepted by Seller: Dated: PACIFIC BAY HOMES, a California corporation By: Its: 4871015657.000213071444.15 e01115198 - 1 - 4 pad ay HOMES May 19, 1998 Mr. Jay Garcia Mr. David Groverman CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658-8915 Re: Sound Ordinance Disclosure Carmel Product, Tract 16391 Dear Messrs. Garcia and Groverman: The noise analysis for Carmel air conditioning units indicates that the interior noise level, as measured with open windows, exceeds the levels allowed by Section 10.26.030 of the City of Newport Beach Municipal Code (the "Code"). Section 10.26.045.0 of the Code provides an exemption of the interior noise measurement, provided that the written consent of all affected property owners is obtained. In order to comply with Section 10.26.045.0 of the Ordinance, Pacific Bay Homes will require each original buyer of the Carmel product to execute a Sound Ordinance Disclosure in the form of Exhibit "A" as a part of the purchase documentation. Thank you for your assistance in this matter and please give me a call with any questions at (714) 440-7203. Sincerely, Marcus D. Lamkin Project Manager cc: Fred Greve, w/enclosure Carmel Sound File G 1proJmanVordreftsnddisa2.doc 4041 MacArthur Boulevard, Suite 500, Newport Beach, CA 92660 (714) 440-7200 • Fax (714) 833-7557 EXHIBIT "A" SOUND ORDINANCE DISCLOSURE The undersigned Buyer and Seller agree to amend and supplement as follows the Contract for Purchase and Sale and Receipt for Deposit, dated , 199 , as heretofore amended, if at all ("Contract"), between them for the purchase of Lot of Tract No. of One Ford Road in the City of Newport Beach, County of Orange. As provided in Section 2.12 of the Declaration (as defined in the Basic Addendum attached hereto), Buyer is aware of and shall be responsible for complying with all municipal noise control provisions within the City of Newport Beach, including without limitation, Municipal Code Chapter 10.26, as may be amended ("Sound Ordinance"). . Without in any way limiting Buyer's obligation to comply with all requirements of the Sound Ordinance, Seller hereby notifies Buyer that the operation of the air conditioning equipment installed on the Property when the windows of the residence are open, may not meet the noise level requirements set forth in Section 10.26.030 of the Sound Ordinance. However, Section 10.26.045 of the Sound Ordinance provides that in the event the minimum noise levels permitted by Section 10.26.030 are exceeded, an owner may still comply with the requirements of the Sound Ordinance by operating the air conditioning equipment within the increased noise levels set forth in Section 10.26.045C, if written consent to operation of the air conditioning equipment is obtained from affected property owners. When written consent to operate the air conditioning equipment is obtained .from each affected owner, Buyer shall be obligated to operate such air conditioning equipment in his or her residence at or below the minimum noise levels set forth in Section 10.26.045C of the Sound Ordinance. Seller agrees to obtain a written consent from each initial buyer of a lot within the Project approving of the noise levels for operation of the air conditioning equipment installed within each residence by Seller in order to meet the Sound Ordinance requirements set forth in Section 10.26.045C. However, Buyer hereby acknowledges that Seller shall have no further obligation to obtain consents from any subsequent purchasers or for compliance with the Sound Ordinance. Buyer shall notify any subsequent purchaser acquiring the Property from Buyer of the existence of the Sound Ordinance as provided in Section 4.5 of the Declaration. UPON EXECUTION OF THIS SOUND ORDINANCE DISCLOSURE, BUYER HEREBY GRANTS TO HIS/HER/THEIR NEIGHBORS WITHIN THE PROJECT PERMISSION TO OPERATE THE AIR CONDITIONING EQUIPMENT INSTALLED WITHIN EACH RESIDENCE OF THE ONE FORD ROAD PROJECT BY SELLER AT THE NOISE LEVELS ALLOWED BY SECTION 10.26.045C OF THE SOUND ORDINANCE. Buyer's obligation to comply with the Sound Ordinance is not limited to operation of the air conditioning equipment. All other terms and conditions of the Contract remain unchanged. Buyer acknowledges that Buyer has read and understands this Addendum and agrees to and accepts the terms and conditions contained herein. Seller agrees to sell on the terms and conditions set forth above. DATED: SALES AGENT: DATED: BUYER: BUYER: Accepted by Seller: Dated: PACIFIC BAY HOMES, a California corporation 487/015657.0002/3071444.15 a01115/98 - 1 - Its: t pad ay HOMES May 19, 1998 Mr. Jay Garcia Mr. David Groverman CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658-8915 Re: Sound Ordinance Disclosure Providence Product, Tract 16391 Dear Messrs. Garcia and Groverman: The noise analysis for Providence air conditioning units indicates that the interior noise level, as measured with open windows, exceeds the levels allowed by Section 10.26.030 of the City of Newport Beach Municipal Code (the "Code"). Section 10.26.045.0 of the Code provides an exemption of the interior noise measurement, provided that the written consent of all affected property owners is obtained. In order to comply with Section 10.26.045.0 of the Ordinance, Pacific Bay Homes will require each original buyer of the Providence product to execute a Sound Ordinance Disclosure in the form of Exhibit "A" as a part of the purchase documentation. Thank you for your assistance in this matter and please give me a call with any questions at (714) 440-7203. Sincerely, -;;4X-41 &9L- Marcus D. Lamkin Project Manager cc: Fred Greve, w/enclosure Providence Sound File GtprojmanVordrMprovand doc 4041 MacArthur Boulevard, Suite 500, Newport Beach, CA 92660 (714) 440-7200 • Fax (714) 833-7557 EXHIBIT "A" SOUND ORDINANCE DISCLOSURE The undersigned Buyer and Seller agree to amend and supplement as follows the Contract for Purchase and Sale and Receipt for Deposit, dated , 199 , as heretofore amended, if at all ("Contract"), between them for the purchase of Lot of Tract No. of One Ford Road in the City of Newport Beach, County of Orange. As provided in Section 2.12 of the Declaration (as defined in the Basic Addendum attached hereto), Buyer is aware of and shall be responsible for complying with all municipal noise control provisions within the City of Newport Beach, including without limitation, Municipal Code Chapter 10.26, as may be amended ("Sound Ordinance"). Without in any way limiting Buyer's obligation to comply with all requirements of the Sound Ordinance, Seller hereby notifies Buyer that the operation of the air conditioning equipment installed on the Property when the windows of the residence are open, may not meet the noise level requirements set forth in Section 10.26.030 of the Sound Ordinance. However, Section 10.26.045 of the Sound Ordinance provides that in the event the minimum noise levels permitted by Section 10.26.030 are exceeded, an owner may still comply with the requirements of the Sound Ordinance by operating the air conditioning equipment within the increased noise levels set forth in Section 10.26.045C, if written consent to operation of the air conditioning equipment is obtained from affected property owners. When written consent to operate the air conditioning equipment is obtained .from each affected owner, Buyer shall be obligated to operate such air conditioning equipment in his or her residence at or below the minimum noise levels set forth in Section 10.26.045C of the Sound Ordinance. Seller agrees to obtain a written consent from each initial buyer of a lot within the Project approving of the noise levels for operation of the air conditioning equipment installed within each residence by Seller in order to meet the Sound Ordinance requirements set forth in Section 10.26.045C. However, Buyer hereby acknowledges that Seller shall have no further obligation to obtain consents from any subsequent purchasers or for compliance with the Sound Ordinance. Buyer shall notify any subsequent purchaser acquiring the Property from Buyer of the existence of the Sound Ordinance as provided in Section 4.5 of the Declaration. UPON EXECUTION OF THIS SOUND ORDINANCE DISCLOSURE, BUYER HEREBY GRANTS TO HIS/HER/THEIR NEIGHBORS WITHIN THE PROJECT PERMISSION TO OPERATE THE AIR CONDITIONING EQUIPMENT INSTALLED WITHIN EACH RESIDENCE OF THE ONE FORD ROAD PROJECT BY SELLER AT THE NOISE LEVELS ALLOWED BY SECTION 10.26.045C OF THE SOUND ORDINANCE. Buyer's obligation to comply with the Sound Ordinance is not limited to operation of the air conditioning equipment. All other terms and conditions of the Contract remain unchanged. Buyer acknowledges that Buyer has read and understands this Addendum and agrees to and accepts the terms and conditions contained herein. Seller agrees to sell on the terms and conditions set forth above. DATED: SALES AGENT: DATED: BUYER: BUYER: Accepted by Seller: Dated: PACIFIC BAY HOMES, a California corporation M Its: 4871015657.0002/3071444.15 a01115198 - 1 - l >s CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714) 644-3200 Pacific Bay Homes 4041 MacArthurBlvd., #500 Newport Beach, CA 92660 ApplicationNo: Applicant: Address of Property Involved: Legal Description: To Pacific Bay Homes: MODIFICATIONPERMIT October 3,1997 4611 Pacific Bay Homes �( 90 Old Course Drive Lot 23, Tract 15390 Modification Requested: Request to permit a second floor encroachment of 2 inches into the required 10 foot front yard setback, on property located in the PC District. The Modifications Committee on, September 30, 1997, unanimously approved the application subject to the following condition: 1. That development shall be in substantial conformance with the approved plot plan, and elevations, except as noted in the following condition. 2. That parking of vehicles over public right-of-way in front of the garage shall be prohibited. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. That the proposed encroachments are a logical use of the property that would be precluded by strict application of the zoning requirements for this District because: • The second floor encroachment is architectural only and not living space. 3300 Newport Boulevard, Newport Beach X October 3,1997 Page - 2 2. That the proposed encroachments will not be detrimental to the surrounding area or increase any detrimental effect of the existing use because: • the proposed second floor encroachment will not affect the flow of air or light to adjoining residential properties. • the proposed second floor encroachment will not obstruct views from adjoining residential properties because of the curved nature of the street. • the proposed second floor encroachments are minor in nature. • the encroachments will not interfere with sight distance from any street, alley or driveway. 3. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Constrfiction or Conversion of Small Structures). NOTE: This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.81.090 of the Newport Beach Municipal Code. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of $876.00. No building permits may be issued until the appeal period has expired. MODIFICATIONS COMMITTEE Ey , Eug aGarcia Associate Planner VICINITY MAP NEWPORT BEACH, CA LEGEND p sms na<s.c r.,x .wnroa M .RMi'^f Modification Permit No. pad ay HOMES November 13, 1997 Ms. Genla Garcia Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 Re: Modification 4624, #9 Sawgrass Dear Ms. Garcia: fWAfvru 01 PLANNING DEPARTMENT iNTY OF NEWPORT BEAC14 Am f C11 161997 FM 7�8�91��1�11121�141518 k Please allow this letter to serve as our request for the City to withdraw the above referenced modification. Pacific Bay Homes has decided to build this particular home with a full 18' driveway. Should you require any additional Information, please do not hesitate to contact me directly. Respectfully, PACIFIC BAY HOMES Donald T. Stahiin Project Manager G:projmen/doa1garcie.d0c.4041 MacArthur Boulevard, Suite 500, Newport Beach, CA o266J (714) 440-7200 - Fax (714) 833-7557 M INDEMNITY AND HOLD HARMLESS AGREEMENT Nome-;, whose address is: dI Mac llvjliwr 't 1 - S e..soa B✓ecv o t � Clq 92,690 (hereinafter "Indemnitor'") in of e e �rls�vLcc ; h ,-cx VnaSonry �roy�i � �iw2 vJu 11 � ✓�- A a h a/�YoX; wt e ex o J 1,I?-I ro -'o c. _ Inn (, ` a "ot qY, 2 iN eue_ Drive - agrees to the following terms and conditions: Indemnitor shall indemnify and hold harmless City, its employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the services, work, or activities conducted or performed by Indemnitor in connection with this Agreement. Indemnitor shall indemnify and hold harmless the City, its City Council, boards, commissions, officers, agents, servants and employees from and against any and all claims and losses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies in connection with the services, work, or activities coqdul,cted or performed by pur I demnitor uant this Agj'een)gnt. �%s 141Yee�e�tf S/adl e,�;re Vf0h 4{ Le &FFc vt 2- �Wloc�l�i cc� 1012 Nv. z/657. IN WITNESS WHEREOF, this Agreement is executed on this 2 ! 5 day of 1991?,- . -(or C. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of personally appeared I ss. ❑ personally known to me %Vproved to me on the basis of satisfactory Idence to be the person(a'j whose nan`10are subscribed to t e within instrument and acknowledged to m0her/their �she/they executed the same in authorized capacitoe anhat by is er/their SHAUNALYN OYl9 signatuon the instrument the person�or 10 Commission# 1764t49 the enfpon behalf of which the pefson(s) Notary Public-C4lifomTa acted, executed the instrument. orange county MYC0M&-pkesD9R$.Uf ` WITN my hand and offic' I seal Place Notary Seal Above Signature of t Public OPTIONAL Though the information below Is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docu ent�/%j Title or Type of Document: `%Gf'ewlf aox ` SS C� BPS Document Date. a/ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _ RIGHTTHUMBPRINT OF SIGNER 01997 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 Prod. No 5907 Reorder. Cell Toll -Free 1-B00.676.6827 r MEMORANDUM To: Kevin Murphy, City Manager From: PO Sharon Wood, Assistant City Manager, Community and Economic Development SUBJECT: COUNCIL NEWSLETTER Date: June 13, 1997 1. Pacific Bay Homes (Ford) Dirt and Dust Issues There have been a number of complaints from residents of the Bayridge development in regards to the amount of dust and dirt being generated by grading and construction activities on the Pacific Bay Homes (Ford) Development. The site is currently fully graded, so it is essentially a 100 acre field of newly "plowed" soil. While the developer is attempting to control dust production through the accepted practice of watering, there is no possibility that all dust and dirt can be controlled from the site. The developer has been working with the most affected homeowners' association and has developed an agreed to program to pay for periodic vacuum sweeping or washing of association streets and buildings, and is providing car wash coupons and other items to help the homeowners through the difficult construction time. Additionally, we have worked with the developer to insure that watering trucks are on -site at all times during construction activities, particularly in the afternoon when the on -shore winds begin to blow. The Building Department verifies the presence and operation of the watering trucks on a daily basis, and the developer has informed me verbally that there are three to four trucks on -site, with one to two in continuous operation depending on conditions. However, the Building Department has informed me that the soil type is of a nature that the dirt does not "crust," so when the soil starts to dry out it will be picked up by winds. This is important to note because the water trucks can only run during construction hours. As a result, staff continues to work with the developer to identify dust control methods. A portion of the site near the complaining homeowners has now had sprinklers installed. There will also be investigation into the possibility of seeding a portion of the site, as well as relocating soil stockpile and borrow areas. 2. Building News The Building Department conducted a total of 834 inspections during the past week at a rate of 17 inspections per inspector per day. The number of stops was 10.55 stops per inspector per day. A building permit was issued to Rockwell on June 3, 1997, authorizing the addition of a fabrication area within an existing building. Rockwell fabrication areas have been growing over the past two years to keep up with the demand for their products. This improvement has a valuation of $1.7 million. 3. Development Review Committee No meeting this week. 4. Modification Committee Agenda is attached. 5. Planning Department Case Loa Attached. Attachments gav F:usersWn\varinlnewsletter1970220 x CITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 24, 1997 - 7:00 p.m. - 6:00 P.M. CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: O'Neil, Thomson, Edwards, IIedges, Glover, Noyes, Mayor Debay Absent: None Pledge of Allegiance - Council Member hedges. Invocation by Reverend Peter Haynes, Saint Michael and All Angels Episcopal Church. Presentation by Mike Hayes, Orange County Register, of the "Best of Orange County" Awards - Best Place to In -Line Skate - Newport Beach Boardwalk; Best Place to Walk and Jog - Balboa Island; and Best Place to Swim - Newport Beach. ELECTION OF MAYOR Council Member O'Neil nominated Mayor Piro Tem Edwards as Mayor. Nominations were closed and without objection, Tom Edwards was elected as Mayor. Outgoing Mayor Debay thanked the Council, staff, and the citizens of Newport Beach. To the citizens that volunteer on the commissions and committees, she said she is most grateful for their hard work, support and efforts this year. She said that three of her most satisfying experiences this year have been to see the dedication of the new active park, The Bob Henry Park; the completion of the water delivery system; and the Green Acres intertie project. She said one of her biggest disappointments this year was the fact that the dredgers aren't in the back bay yet. Another disappointment would be the progress with getting the El Toro airport further along the way, however she stated that Mayor Edwards is the most qualified person on Council to lead the City in the coming year on this effort. She, wished everyone a very blessed Thanksgiving holiday. Among the other things she is thankful for, she said she is very thankful she had the opportunity to serve the City of Newport Beach as Mayor, and that the year is over. She congratulated Mayor Edwards and passed the gavel on to him. ELECTION OF MAYOR PRO TEMPORE Council Member Glover nominated Council Member O'Neil as Mayor Pro Tem. Nominations were closed and without objection, Dennis O'Neil was elected as Mayor Volume 51 - Page 508 City of Newport Beach ' City Council Minutes November 24,1007 INDEX r NEW MAYOR'S COMMENTS Mayor Edwards thanked the Council for allowing him to be Mayor and said he appreciates the work that Jan has done. He thanked his wife for putting up with some long days. He said that there is a lot going on in the City at the present time. He thanked the current Council and noted that their first meeting together was a special session regarding the Orange County bankruptcy. At the same time the City was just coming out of difficult times as a result of the recession. Even during the difficult times the City was able to move forward. He stated that the Council, as fiduciaries of the City, will continue to be vigilant in the particular issues of finances. He noted that last year n lot was accomplished - The Bob Henry Park, the groundwater project, the opening of Bloomingdale's and Pletcher Jones, as well as moving forward in two elections with El Toro. The City has also moved forward with the bay dredging, reached agreement with the safety associations, and put the foal touches on the Bonita Canyon project. He said the cleanliness of the bay, water quality, El Toro, and annexation of the downcoast will continue to be major issues in the City. He said that Newport Beach is a dynnaric community and calls for quality of life in all aspects. Due to the efforts of Council Member Noyes the community outreach program has begun. He said one thing that has been written about is bringing the community associations and their presidents into the fold of the City since they feel that the EDO seems to rim the City. He said he is going to propose that the community associntions be brought into the fold in the form of perhaps reconstituting the Environmental Quality Affairs Committee so that they are certain that they understand what is going on in the City and they are fully informed so they can inform the members of their associations. In addition to their participating, he said lie thinks it serves another real positive propose for the City because with the right to participate and have input at the committee level, they also have an obligation to the citizens. He said that he would expect that the next time Supervisor Wilson tries to obstruct movement towards El Toro as in airport that the City can call upon this community association to put a 1000 letters on his desk and participate at the board hearings. The next time the Governor has a bill to sign to allow dredging of the back bay and then he decides at the last moment to veto such a bill, that perhaps the City can call upon that community association to put 1000 letters on his desk as well. The same would be true with issues such as offshore drilling, etc. He reiterated that he thinks this is a very dynamic community and said his hope is that it continues to be a very dynamic city. Mayor Pro Tern O'Neil thanked his colleagues for voting for him as Mayor Pro Tem. Motion by Mayor Pro Tem O'Neil to waive reading of the minutes of the Regular Meeting of November 10, 1007, approve as written and order filed; and waive reading of the ordinances and resolutions under consideration and direct the City Cleric to read by titles only. Without objection, the motion carried by acclamation. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR D1SC'USSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Volume 51- Page 509 City of Newport Beach City Council Minutes November 24, 1997 Mayor Pro Tem O'Neil commended the Police Department and their involvement in the undercover situation which resulted in the arrest of a number of persons involved in gambling and narcotics. Mayor Pro Tom O'Neil announced that the Kfwanis Club is organizing a Newport Coast Triathalon in July of 1998. The proceeds will benefit the Junior Lifeguard Association, as well as other youth oriented activities sponsored by the Iiiwanis. He said he has been asked to write a letter in support of this event on behalf of the City Council, therefore requested that an item be agendized for December 8, 1997 authorizing him to use official City letterhead. • Council Member Hedges requested that the Planning Commission consider incorporating the boilerplate conditions of approval for use permits into the municipal code. Any different or specific conditions would then considered during the public hearings. • Council Member Glover requested that a committee look into establishing an ombudsman position to work with the residents. • Council Member Noyes congratulated the recipients of the American Legion Firefighter and Lifeguard of the Ycar awards - Captain Rich Thomas, Paramedic, and Reenie Boyer, Senior Lifeguard Coordinator. • Council Member Noyes commented about former Mayor Debay's relationship and respect from other cities. • Council Member Debay reported on the Public Works Committee meeting held regarding the traffic in the Eastbluff area. She explained that the committee voted to put into effect on a six-month trial basis four of the six traffic mitigation measures. Mayor Edwards reported that a full report will be brought back to Council on December 8, 1997. Mayor Edwards requested that the recommendations he referred to earlier be referred to the Legislative Committee to incorporate the changes for the Environmental Quality Affairs Committee. Mayor Edwards asked for a report back on whether the City can potentially act on behalf of its residents to negotiate a savings on electrical rates for each individual homeowner in the City. CONSENT CALENDAR ORDINANCE FOR INTRODUCTION 1. INTRODUCE ORDINANCE NO. 97-39 AMENDING CHAPTER 5.12 Or THE NBMC PERTAINING TO VEHICLES FOR HIRE AND ADDING CHAPTER 5.17 ESTABLISHING REGULATORY AUTHORITY FOR TAXICABS THROUGH THE ORANGE COUNTY TAXI IR 1 Taxicabs Ord 97-39 (27) Volume 51 - Page 510 City of Newport Bench City Council Minutes November 24, 1997 ADMINISTRATION PROGRAM (OCTAP). Introduce ordinance and pass to second reading on December 8, 1997; and review the proposed resolution regarding taxicab rates and requirements and schedule for adoption on December 8, 1997. ORDINANCE FOR ADOPTION 2. ADOPT ORDINANCE NO. 97.36 AMENDING CHAPTER 1.04 AND ADDING CHAPTER 1.05 TO TIIE NBMC PERTAINING TO AN ADMINISTRATIVE CITATION PROGRAM. RESOLUTIONS FOR ADOPTION 3. UPDATE ON FREEWAY SIGNAGE ISSUE, S. Adopt Resolution No. 97-81 supporting the San Joaquin IIills Transportation Corridor Agency informational and directional sign program to provide for additional guide signs at each end of the San Joaquin IIills Transportation Corridor. CONTRACTS AND AGREEMENTS 4. COMPLETION AND ACCEPTANCE OF SUNSET VIEW PARK (C- 3095). Accept the work; authorize the City Cleric to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has boon recorded in accordance with applicable portions of the Civil Code. 5. Removed from the Consent Calendar by Council Member Thomson. MISCELLANEOUS ACTIONS 61 PLANNING COMMISSION AGENDA FOR NOVEM 3ER 20,1997. 7. Removed from the Consent Calendar by Mayor Edwards. 8. LOT LINE ADJUSTMENT BETWEEN HARBOR VIEW COMMUNITY ASSOCIATION AND T a CITY OF NEWPORT BEACH (BUFFALO HILLS PARI{ AND THE IIA.RBOR VIEW COMMUNITY ASSOCIATION POOL SITE BETWEEN PORT CHARLES PLACE AND PORT WESTBOURNE PLACE, IN THE NEWPORT HILLS DEVELOPMENT). Approve in concept a Lot Line Adjustment between the Harbor View Community Association and the City of Newport Beach and authorize the Mayor and City Cleric to execute the appropriate deed; and direct staff to proceed with the processing of the Lot Lure Adjustment through the Modifications Committee. 9. TRACT NUMBERS 12212 AND 12362 (PORTIONS OF BLOCI{ 51 OF IRVINE'S SUBDIVISION AS SHOWN ON A MAP RECORDED IN BOOI{ 1, PAGE 88 OF MSCELLANEOUS RECORD MAPS, RECORDS OF ORANGE COUNTY). Authorize the City Clerk to release the Faithful Performance surety in the form of it Passbook Account in the umount of $50,000 and the Labor and Materials surety in the farm of a Passbook Account in the amount of $50,000 for construction of a traffic signal at the FINJOW11 City Administration Citation Program Ord 97-36 (35) Transportation/Signs SJHTC Res 97-81 (85) Sunset View Park (formerly Hoag Linear Park) C-3095 (38) Planning (68) Lot Line Adjust- mentBuffalo Hills Park and Harbor View Comm Assoc Pool (74) Tract 12212 & 12362 Volume 51 • Page 511 City of Newport Beach City Council Minutes November 24, 1997 intersection of Bayview Way (formerly University Drive) and liayview Ylace. 10. STATUS REPORT REGARDING CITY COUNCIL REQUESTS (Requested by Council Member Glover). Receive and file. 11. Removed from the Consent Calendar by Council Member Hedges. MOTION BY MAYOR PRO TEM O'NEIL TO APPROVE THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (5,7 and 11). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE HAZEL DRIVE PUBLIC RIGHT-OF-WAY ADJACENT TO 220 POPPY AVENUE, CORONA DEL MAR (EP-97-368). Council Member Thomson reported that this item was discussed at the Public Works Committee and a compromise was reached with the applicant to allow the encroachment five feet into the public right-of-way. Motion by Council Member Thomson to approve the application subject to the conditions as outlined in the staff report. Without objection, the motion carried by acclamation. 7. NEWPORT AQUATIC CENTER - REPORT ON THE COMPLIANCE OF THE NEWPORT AQUATIC CENTER WITH THE CONDITIONS OF APPROVAL OF USE PERMIT NO. 3104 (Requested by Mayor Pro Tem Edwards). Motion by Council Member Noves to refer this item to the IIarbor, Beaches and Parks Committee for some type of resolution with the parties involved. In response to questions posed by Council Member Glover, Planning Director Temple reported that the original use permit authorized a two bay storage bay plus offices for the Newport Aquatic Center. The original permit and the original exercise of the permit included the construction of all of the classrooms and office space in one of the bays and it was acknowledged at the permit stage that a second bay would be constructed at some later date. She indicated that she is not familiar with the permit history, however was under the impression that the second bay had actually been implemented within the last year. As part of the original use permit, there was a great deal of discussion between the homeowners association and the City in regard to how the Newport Aquatic Center could appropriately operate within their neighborhood, therefore conditions were imposed. The two most relevant were the limitation on actual membership of the Newport Aquatic Center„ which was intended to at least control the number of users, and additionally a member of the humooamorrs association was to be on the board of the Newport Aquatic Center to provide a direct conduit of exchange of information for resolution of problems. In this case, there are some problems City Council Requests (33) Encroachment Agreement/Hazel Drive/Poppy Ave (65) UP 3104 Newport Aquatic Center (88) Volume 51 - Page 512 City of Newport Beach City Council Minutes November 24, 1997 which the City can address by working with the Center, although there are also other activities which are not really within the jurisdiction of the City, which are more difficult to control through the use permit since they are casual users who are accessing the bay from the public beach. Council Member Glover requested a complete report on the; status of the build -out when this comes back to the Harbor, Beaches and Parks Committee. City Manager Murphy reported that the most recent request to expand was within that overall framework of entitlement and the Newport Aquatic Center is intending to exercise something that was already approved and are advising the City of their intention to proceed. It was also the subject matter of a ballot measure in 1982 and the use was approved by the voters. Ms. Temple explained that the election was primarily surrounding the fact that it was a leasehold of public properly. City Attorney Burnham stated that the election simply authorized the construction of the aquatic center and (lid not specify square footage. Without objection, the motion carried by acclamation. 11. EMERGENCY POWERS Or, CITY MANAGER (Requested by Council Member Hedges). Council Member Hedges explained that most of the emergency powers deal with the Vehicle Code. The things that prompted this request were the sand borm and the traffic congestion problems during the hurricane. The vehicle code allows the City to adopt rules to allow the Police to close streets in these situations. He said that the watch commanders should be reminded of this power and urged to use it when necessary. As far as the solid berms, lie said the decision was probably premature and with a change of that magnitude it would have been appropriate to have the Council ratify the decision. He said the Council has the ability to call an emergency meeting with 24 hours notice. He said he wants to make sure that the City Council stays engaged in these ]rind of things, however if there is a bonafide emergency, the City Manager can take action. In response to concerns raised by Council Member Noyes, City Manager Murphy indicated that the General Services Department can change the message on their telephone to indicate that callers should call the Police Department after regular office borers in case of emergency. Motion by Council Member Hedges to receive and file the report. Without objection, the motion carried by acclamation. Delores Cantarella, 122 raa,l Bay Staeet, recut a letter concerning the offensive and disturbing elements displayed at a T-shirt shop at 707 INDEX Emergency Powers - City Manager (35) Volume 51 - Page 513 City of Newport Beach City Council Minutes November 24, 1997 Edgewater. She said that it is an embarrassment to anyone that lives in Balboa. She asked the City Council to take action to clean this up and reported that the Central Newport Beach Community Association, the churches and the Business and Merchants Association have also requested that it be cleaned up. City Attorney Burnham said he talked to Mr. Kennedy and the' Police Department and they may have some areas for exploration. Joyce Barnes, 122 East Bay Avenue, said she doesn't believe the City can't do something to clean up this t-shirt shop problem. She said she has visited eight schools in Costa Mesa and showed the pictures to the school teachers. Madelene Arakelian, addressed the Council regarding her concerns about the audit procedure for the solid waste franchise holders and distributed a copy of a letter she received from Glen Everroad. She said the problem isn't that they don't think there should be an audit, but the problem is that the auditors are requesting records that are proprietary and don't pertain to the franchise. She said the auditors want records from their entire business and they don't feel that is appropriate. She said they will make one more effort to see that audit goes forward. Evelyn Hart, congratulated Mayor Edwards and Mayor Pro Tem O'Neil and presented a single rose to outgoing Mayor Debay on behalf of the former women mayors. Mona Risch, 1524 Priscilla Lane, asked what the next step would be regarding her concerns about the smoking that is currently allowed in cigar shops. City Attorney Burnham explained that it will be up to the City Council to decide whether they want to prohibit smoking in these establishments. PUBLIC HEARINGS 12. APPEAL HEARING OF TLA RESTAURANT - 3100 WEST COAST HIGHWAY (Jonathan Rodriquez-Atkatz, applicant) - APPROVAL OF A USE PERMIT, A TRAFFIC STUDY AND A NEGATIVE DECLARATION TO ALLOW THE CONSTRUCTION OF A 1500 SQUARE FOOT, TWO-STORY DRIVE -THROUGH RESTAURANT FACILITY WITH A 300 SQUARE FOOT STORAGE BUILDING AND RELATED OFF-STREET PARKING (contd. from 11/10/97). Assistant City Manager Wood pointed out that the supplemental staff report included one additional letter from the applicant's traffic engineer. Council Member Glover explained that this will be a chive through restaurant located next to Sterling B111W. She stated that she has requested information from tho applicant regarding the project signs and has not received anything. She voiced concerns about another fast food restaurant in her district and noted that if this is approved tonight the Council will in 11013 UP 3612 TLA Restaurant (88) Volume 51- Page 514 City of Newport Beach City Council Minutes November 24,1997 essence be approving another fnst food restaurant. She noted that the use permit goes with the land, thcrei'ore she has asked staff if this can be put in another category. If the applicant gets this entitlement and chooses not to use it within 24 months, Choy could sell it to another fast food operator. She also voiced concerns with the curb (tits and noted that if the project is approved it would be contrary to what the consultant and committee have been trying to do over the past few years. She said the Council needs to look at the total concept and make decisions in order to get the end results desired. She asked each Council Member to consider whether they would vote to have another fast food place in their district. Mayor Edwards opened the public hearing. Jonathan Rodriquez-Atkatz explained that certain questions were asked at the last meeting and he has submitted answers to them. He said he concurs with the conditions proposed and doesn't view their restaurant as it fast food concept, but a restaurant that server food to go. He asked that the application be approved. He indicated that their goal is to be open in March, however that is based on Constal Commission approval and the cleanup of thu site. In response to questions raised by Mayor Edwards, Mr. Rodriquez-Atkatz explained why they have requested hours of operation from 0:00 to 11:00 p.m., gave details about the proposed landscaping and screening and indicated that if it is determined that more screening is needed, they will be willing to make further adjustments. He also explained the proposed lighting and indicated that they want to maintain the lighting so it is a garden atmosphere. Joe Rosener, 125 Via Venezia, said that until a plan is instituted for Mariner's Mile, no matter how desirable mr individual project may be, it may not fit. He asked that the granting of the use permit be denied until the plan is complete. City Attorney Burnham explained that the 24 month construction period is a provision of the zoning code, however Council is allowed to reduce that time frame if they so choose to do so. If this project fails a subsequent owner would be bound by the same terms and conditions that are imposed on this operator, therefore a successor in interest would have to operate the business in the same way that the Council is requiring this individual to operate. He further explained that Council has the authority pursuant to condition 40 to add conditions to the approval if a finding is matte that the operation is imperious to the health, safety and welfare of the neighborhood. Motion by Council Member Glover to sustain the action of the Planning Commission and deny the application. The motion failed by the following roll call vote: Ayes: Glover, Mnyor Edwards Noes: Thomson, llebny, O'Neil, Hedi*es, Noyes Volume 51 - Page 515 City of Newport Beach City Council Minutes November 24, 1997 INDEX Motion by Council Member Thomson to approve Use Permit No. 3612, Traffic Study No. 112, and the acceptance of an environmental document. Council Member Debay spoke in support of the project and said there are two ways to characterize an application. She said this could be a flagship business and new concept and will also get rid of a vacant old disintegrating structure and the toxic problems. She said that Council Member Glover has worked hard with plans for Mariner's Mile and she is not negating her concerns, but doesn't agree with the characterization. Council Member Hedges offered an amendment to the motion to shorten the construction period from 24 to 12 months, however it died for lack of a second. Motion by Council Member Glover to amend the motion to add Condition #42, which states that any ground sign shall not exceed a height of six feet, however the sign may be permittod to exceed this limit with the approval of the Planning Director upon a determination that the overall design of the sign incorporates landscaping and architectural treatments which contribute to the aesthetics of the project and Finding #8, that the addition of a pole sign as permitted by the City's sign code would detract from the architectural elements incorporated into the building design. The applicant concurred with the proposed new condition on signage. The amendment to the motion carried by the following roll call vote: Ayes: Debay, Hedges, Glover, Noyes, Mayor Edwards Noes: Thomson, O'Neil Absent: None Abstain: None Council Member Hedges moved to amend condition 18 related to the 45 mph site distance to 55 mph, however the motion died for lack of a second. The main motion as amended carried by the following roll call vote: Ayes: Thomson, Debay, O'Neil, Noyes, Mayor Edwards Noes: Hedges, Glover Absent: None Abstain: None 13. PUBLIC HEARING ON THE APPLICATION OF 'BAY ISLAND (BAY ISLAND CLUB, APPLICANT) FOR USE PERMIT NO. 3618 - A PLANNED RESIDENTIAL DEVELOPMENT USE PERMIT TO ESTABLISH LAND USE AND PROPERTY DEVELOPMENT REGULATIONS FOR THE BAY ISLAND COMMUNITY. Planning Director Temple oxplaiued that this particular use permit is to establish design and development .;t.nulards for Lhc Bay Island area. When the new zoning code was adopted several zoning districts were eliminated, Volume 51 - Page 516 City of Newport Beach City Council Minutes November 24, 1997 including the R3 District. As part of that process, the property of Bay Island was rezoned to the MFR (multi -family residential) District with a planned residential development overlay. The reason for this is that Bay Island while it is fully developed with singh, family dwellings is a single parcel with no subdivision in place, therefore in order to have zoning consistent with the existing development it was necessary to establish the MFR district. Staff' proposed the tool of the PRD Use Permit to establish the particular development standards that would allow for and control and limit the development to single family style development so apartments can not be built in that area. The actual development standards were developed by an architect working for the Bay Island organization and were concurred with by the Planning Commission. Mayor Edwards opened the public hearing. Bill Picker, 417 30th Street, architect for Bay Island, requested that the Cnuncil approve the sultioct use pvrmit. Hearing no further testimony, the public hearing was closed. Motion by Council Metnher hedges to approve Use Permit No. 3518. Without objection, the motion carried by acclamation. 14. PUBLIC HEARING TO CONSIDER THE ADOPTION OF ORDINANCE NO. 97-38 GRANTING A NONEXCLUSIVE COMMERCIAL SOLID WASTE, COLLECTION FRANCIIISE TO I1,Y DISPOSAL, INC. City Manager Murphy explained that this public hearing is pursuant to an ordinance the Council adopted regulating non-exclusive franchising of commercial solid waste activities. This applicant has provided all the necessary information pursuant to that ordinance and staff is recommending adoption of the ordinance. Mayor Edwards opened the public hearing. Madelene Arakalian, said that this company has been operating for several years in Newport Beach and questioned whether the City has been collecting fees from there. She spoke against the granting of the franchise since they have operated without one for so many years. Mr. Murphy explained that there has been enforcement action taken against the applicant and staff is recommending approval since they have been outside of the law and this will bring them into compliance with the laws. Motion by Mayor Prn Ton Q'Neil to adopt Ordinance No. 97-38 granting a Non -Exclusive Solid Waste Franchise to Ivey Disposal, Inc.; and authorize approval of a subsequent franchise agreement with Key Disposal, Inc. Without objection, the motion earriecl by acclamation. Council Member Hedges said he would like to see a change to the ordinance INDEX Solid Waste Franchise Ord 97-38 (42) Volume 51 - Page 517 City of Newport Beach City CouncilMinutes November 24, 1997 establishing non-exclusive solid waste franchises which would allow the granting of solid waste franchises by right to applicants assuming that they meet City standards with right of appeal to the City Council for denial. 15. APPEAL HEARING ON TIIE APPLICATION OF WINDOWS ON THE BAY RESTAURANT (SCOTT SHU`ITLEWORTH, APPLICANT) FOR USE PERMIT NO. 3293 (AMENDED) ON THE PROPERTY LOCATED AT 2241 WEST COAST HIGHWAY - REQUEST TO AMEND CONDITIONS OF APPROVAL OF AN EXISTING PULL SERVICE RESTAURANT TO CHANGE THE OPERATIONAL CIiARACTERISTICS. Planning Director Temple explained that this particular use permit came before the Planning Commission at their meetings on September 18 and October 23. The reason for the continuance at the Planning Commission level was to have staff take additional noise measurements and to provide specific information in relationship to questions raised by the Commission. In terms of the appeal application, staff feels it is important to highlight some of the aspects of the Planning Commission approval. The approval for the use of an outdoor patio dining area is for the purpose of food and beverage service only. The conditions of approval in regard to the nightclub and live entertainment require tbat all live entertainment be contained within the building and that it can only operate when all the doors and windows are closed. No live entertainers or any aspect of that operation can actually operate on the outdoor patio. Additionally, there are speakers which are currently present which are proposed to remain on the patio and those are conditioned to only provide pre-recorded music and in no case can the music associated with the live entertainment be transmitted to the outdoor patio through that means. Additionally, the Planning Commission was very concerned about the ongoing operation of this restaurant as it proceeded into the evening hours as a nightclub and also the ongoing use of the outdoor dining area. As a result, the Commission required that the use permit be reviewed at very specific periods as set forth in the findings and conditions of approval. On a mandatory basis the use permit will be reviewed by the Planning Commission in July of 1998 and in July of 1999, however if there are problems which become present before those time frames the standard conditions of approval will allow the Planning Commission to call the use permit for review for additional conditions or potential revocation at that time. Mayor Edwards opened the public hearing. Scott Shuttleworth, owner of Windows on the Bay Restaurant, said he hopes to put to bed the misconception that they are trying to become a nightclub. He said they are trying to take the restaurant that they have run over the last three years and on paper change some of the operational characteristics to reflect what they have been doing over the last three years. IIe said questions have arose about whether there will be times when the dining roam will close before thu bar and that is when the "nightclub" term came in. IIe said thuy have a DJ and dancing on Friday And Saturday nights and they have not had any noise complaints. He said they keep the dining room UP 3293 Windows on The Bay Rest (88) Volume 51 - Page 518 City of Newport Beach City Council Minutes November 24, 1997 1 / / going for as long as they caul possibly sell food. They have operated the restaurant for three years in the same fashion and in the last two, years have closed the restaurant one hour earlier than their competition. He said they built the patio at the reslaurmnl, o•hich was an improvement to Mariner's Mile, however the original didn't include a bartender. The old permit for entertainment states mariachi bands. As for the retention of the loudspeaker, he said they have the same system throughout the dining room and the bar. He said they have three loudspeakers on the patio and explained that the sound is set at the sane volume as in the interior dining room. He explained that they do not have a paging system. Council Member Debay asked when the complaints started surfacing and noted that the letters she reviewed rofcr to Joe s Crab Shack, therefore she is wondering if there is some confusion. There won't be any operational changes at Windows on the Boy nod the application sloes not propose any changes to what they liner been cluing fie• the last three years. Martin Weinberg, 100 Via Lido Nord, submitted 250 petitions signed by residents of Lido Island objecting to the permit as proposed and approved by the Planning Commission. IIe reported that the Lido Island Community Association Board decided unanimously to send their letter since they have experienced something different than the applicant states. He said the applicant is recommending changes to thL'ir conditions of approval to allow the cessation of regular meal service prior to the closing of the restaurant and operation of the facility as a bar/nightclub with alcoholic beverage service as the principal purpose from that time until closing. He said this is a deviation from how they arc currently operating or how others are operating in Mariners Mile. He addressed concerns related to the loudspeakers on the patio as well as the Police Department's concerns with traffic problems. He said the change to the permit should be denied, in particular the loudspeakers on the patio. Bill Klein, 101 Via Lido Saud, spoke against the issuance of the permit for Windows on the Bay. He noted that Mariners Mile has at least 12 restaurants and this is an extremely potent example of what will collie if this is allowed and it will set a precedent. Of the 12 restaurants only one has changed hands and format (Joe's Crab Shack) and the level of noise from that restaurant far exceeds the legal standards allowed. He said the outside speakers are an issue and the speakers don't have to be large to generate a lot of noise. He asked the Council to reconsider this approval. Dan McGurk, 114 Via Lido Nord, said he doesn't understand what this request is about. If the owners are not going to change anything, he questioned why they noel a permit. If they are going to change the operational characteristics, he said he objects for the reasons given already (noise, lights, etc.). Mayor Edwards stated that the amended permit will bring them into conformity with what They live been doing and it does not change the mauuner in which they have apes aural fin• the past three yens. Volume 51 • Page 519 City of Newport Beach City Council Minutes November 24, 1997 INDEX Elaine Weinberg, 100 Via Lido Nord, addressed safety issues and stated that there will be a cumulative impact when the permit is given and a deterioration of the character of the neighborhood.'She said she doesn't see how their hour earlier closing time has any impact and as far as the designation "nightclub" there are no other nightclubs on Mariners Mile and this would be the first. She requested that the Council deny this permit. Robert Balser, 108 Via Lido Nord, said he is familiar with mariachi music and loud combos and to make it longer and louder would make it worse. He said he agrees with the points raised by the prior speakers and said the changes being sought will create a nuisance. He said the residents will have problems selling their properties because they will have to disclose this and it will result in a financial loss to the homeowners. Carolyn Iilein, 101 Via Lido Soud, said there is a conflict between what the applicant says and what is in the application. If this permit is granted it will give the applicant certain rights and since the permit goes with the land, if anyone purchases the property they will have the same rights. She said this change will affect their quality of life and it will be a real floodgate operation. She voiced concerns about the increases) crime rate, DUI's and traffic problems. Nancy Hutchinson, 118 Via Lida Nord, said she loves the restaurant and thinks everyone can have a good lima inside. She spoke against the noise going across the bay. Joe Rosener, 125 Via Venezia, reaffirmed his support for Council Member Glover's earlier comments about Mariner's Mile and said that without a specific area plan the Planning Commission will fins) it difficult to turn down applications one at a time and it will be hard to differentiate between businesses. He urges) the Council to stony the permit. Lynn Pharris, 305 Via Lido Nord, stated that the September 18 staff report (Conditions 3 & 4) and the staff report of October 23 (Condition 12) excluded the outdoor bar area once the restaurant stopped serving. At the Planning Commission on October 23 the outdoor bar was included in the permit so that once restaurant service stopped inside and outside they would be allowed under the permit to have the bar open outside on the patio until closing. She said that this is where the problem is and once the City starts allowing outside bar activities on patios after cessation of restaurant activity the noise will drift across the bay and disturb all the residents. She said this will be the first of many petitions since there are about eight restaurants on 'bay front property facing Lido. She said she strongly objects to the use of the outside patio after the cessation of food service and also asked that the outside speakers be eliminates). Paul Weinberg, 138 Via Santhc, stated that a number of noise measurements were taken and they fill within the allowed range, however by said lie feels the number, aren't, telling Clio whole story or perhaps there is an acoustic issue with tho nuisc going across the Water. He noted that there was an extensive set of findings that the Planning Commission made Volume 51 - Page 520 City of Newport Beach City Council Alinutes November 24, 1097 in anticipation of the granting of the permit and a minimal set of findings that the Planning Commission made in anticipation of the denial of the permit, If the Planing Commnfssian was adequately informed of what the panblems were, the propouvrl f :idiags vainst should have been as in depth a.: the proposed findings un I;av,m. 11- noted that water amplifies noise and that should be taken into cunsidcration. Rush Hill,1211 Cliff Drive, said he has been involved with this use permit as a friend of the applicants since its beginning and noted that this is a unique situation. He explained that this is not a use permit to change operational or physical procedures. He said the operational procedures have been in place since Windows tools over the property and the physical changes have been in place since the most recent change which was the addition of the patio about 2+ years ago. The speakers have been used since that time. He said they are trying to biting restaurants into paperwork compliance with their use permits, therefore the operator instigated this process to bring them into conformance. I•Ie said that it is true the residents have a grievance and their property rights are in jeopardy, but he contended that it is not being caused by Windows but by other operations. lie said testimony has been given that if Windows just continues to operate as they are now, there wouldn't be any problens. He noted that the Planning Commission placed many conditions on the property, they are governed by the noise ordinance and there are mandatory call up provisions, as well as the opportunity to call up the pr.perty at any time. He said that if you understand the acoustics of Windows you would find that the patio is the quiet area of the establishment. He urged the Council to uphold the findings of the Planning Commission and approve the ;unendnrckits sought so Windows can continue to operate in the manner they hare. He also urged the Council to be very hard on the management of 11'intlmvs during their mandatory call-ups. Mayor Edwards closed the public heating. Council Member Glover said she would like an opportunity to spend some time with staff looking at all the restaurants on Mariners Mile, in particular Joe's Crab Shack to see if they are all operating in compliance with their present use permits. She said she is vory committed to the restaurants on Mariners Mile and their ability to operate and be successful. Motinn by Council Mennber Glover to continue this item for sixty (50) days and direct staff to review the other restaurants to be suru they are in compliance with their use permits. This delay will allow Windows to come back with something that might be more suitable and will give the City the opportunity to solve the problems so the restaurants are successful. During this period, Windows on the Bay will be allowed to maintain the status quo. Council Member Hedges said he thinks it is important to maintain the sixty day status quo while Joe's Crab Shack is being evaluated, as well as the operation of Windows, He noted that this is an appeal of a Planning Olnunissian decision and the iv=wom4 liar the appeal are amplified in five prages. In summary, tha "tuuaing of .a tmroadmivt aggravates an already existing problem. Tliv sixty clay period will allow the City Attorney and Volume 51- Page 521 City of Newport Beach City Council Minutes November 24, 1997 Planning staff to initiate proceedings against the conditional use permit held by the landowner of Joe's Crab Shack, as well as initiate nuisance abatement proceedings against the business owner if appropriate. If City Council action is needed then staff can bring that back on December Sth, otherwise if there is a clear violation of City codes presently staff is encouraged to enforce those codes. With respect to Windows particular operation, he said he would be inclined to propose at the appropriate time that the patio be closed to business at 10 a.m. and that loud speakers be prohibited outside all together at all times. Council Member Glover clarified that this process would include the residents on Lido Island. Mayor Edwards said he would also consider doing away with the sound system altogether or stopping it after the closing of the restaurant or stopping the outdoor bar after the restaurant closes in conjunction with eliminating the outdoor sound system. Without oujection, the motion carried by acclamation RECESS AND RECONVENE The Council took a brief recess at 9:40 p.m. and reconvened at 9:45 p.m. with all members present. 16. PUBLIC HEARING TO CONSIDER ADOPTION OF ORDINANCE NO. 97-40 AMENDING CIIAPTER 20.60 (SITE REGULATIONS) OF TITLE 20 OF THE NBMC 13Y ADDING SECTION 20.60.115 WIIICH WILL PIWHIBIT BUSINESSES LOCATED IN MIXED -USE ZONING DISTRICTS FROM BEING OPEN FOR BUSINESS BETWEEN HOURS OT 2:00 A.M. AND 5:00 A.M. (AMC, NDMENT NO. 8621 (contd. from 10/27/97). Assistant City Manager Wood explained that this is a proposed ordinance to regulate hours of businesses only in mixed -use districts. As it was finally recommended by the Planning Commission, the regulation applies to the hours between 2:00 and 5:00 a.m. but would not apply to existing businesses which have operated this way for a minimum of two days per week during the past year. There would be exceptions granted for businesses which are controlled through use permits or special event permits and then there would also be the opportunity for the Planning Director to grant an exception for a specific operation if one of the four findings as outlined in the staff report are made. Mayor Edwards opened the public hearing. Jinn Robertson, 20862 Woodlea Lane, Huntington Beach, explained that he has operated the 7-Eleven store for 19 years and it is a 24 hour operation. He said he agrees with the grandfather clause as it stands. A change in hours would affect their sales since their image is based on 24 hours and if they close during those hours it affects their sales during the day. He said he is INDEX Mixed Use Zoning Dist Ord 97-40 PCA 862 (94) Volume 51 - Page 522 City of Newport Beach City Council Minutes November 24, 1997 willing to work with the City if there arc any noise problems with trucks, etc. Steve Jones, Mission Viejo, trauchisor of Robinson's 7-Eleven, concurred v� ith Mr. Robertson about. Ihr, )p;undfolhering of the existing businesses. Martha Durkee, P.O. Box 3353, spoke in support of the proposal as recommended, however she said if the wording is changed she may have some problems. She explained that lawulromats serve a lot of people from 2 - 5 a.m. and she has operated for 24 hours for years without any complaints. Blaine Limhoff, 1760 E. Ocean Blvd., said that it is comforting to know there ai a stores open between 2 and 5 aan. 11lnyor Edwards closed the public lncaring. D6otion by Council IhIemh(r Herhres to modify the decision of the Planning Co:nunission and introduce Ordinance No. 97-40 amended as follows: 1) add paragraph 1 under Section B of Section 20.60.115 which states that "Any existing use with extended hours which ceases operation for 180 days shall fullow the provisions of this section." and 2) Under Section C, Exceptions, paragraph 1, modify the sentence to read, "Any existing extended hours operation which has operated as such for two or more days of each week as of November 24, 1997. Without objection, the motion carried by acclamation. CONTINi JED BUSINESS 17. E-VRODUCE ORDINANCE NO. 07.41 AMENDING PROVISIONS Or CHAPTER tAPTER 12.56 OF THE NI3MC PER`i'AINING TO BICYCLE LICENSING (RETAINS THE CURRENT MANDATORY BICYCLE LICENSING PROVISIONS FOR RESIDENTS, ELIMINATES THE PROVISIONS REQUIRING DEALER BICYCLE SALES REPORTS; AND ABOLISHES PROVISIONS AUTHORIZING IMPOUNDMENT 0 F UNLICENSED BICYCLES) (contd. from 10/27/97). Council Member Hedges explained that this item is the consideration of the existing bicycle licensing ordinance. It has been taken through committee and they have recommended a couple of minor changes. _Motion by Council Meether Adams to introduce Ordinance 97-41 as amended to repeal the following sections: 12.56.020, 12 56.030, 12.56.040, 12.56.045, 12.56.050, 12.56,060, 12.56.070, 12.56,075, 12,56.030, 12.56.090, 12.56.100, 12.56.110 and 12.56.130 and to direct staff to strike from the definitions section the definitions which are no longer operative; and to direct the Police Department to develop a voluntary system for people to keep their bicycle frame numbers on file and bring back the appropriate ordinance for Council consideration. Chuck Avery, 1609 E. Balboa, questioned why the Council is considering re uldng the policy on Im;nrle ntvimin4' and nvhy the Suction *hat ,requires di -tiers to rvport sales is bcinh vionionted. Bicycle Licensing Ord 97-41 (70) Volume 51 • Page 523 City of Newport Beach City Council Minutes November 24, 1997 Mayor Edwards closed the public hearing. Without objection, the motion carried by acclamation. 18. BAY KNOLLS REQUEST TO CHANGE SPHERE OF INFLUENCE (contd. from 10/27/97). This item was continued to December 8, 1997. CURRENT BUSINESS 19. ADDITION OF APPOINTED MEMBERS Or CITY CHARTER BOARDS AND COMMISSIONS TO CITY'S CONFLICT Or INTEREST CODE. Mayor Edwards explained that this item was heard four separate times before the Legislative Committee. City Attorney Burnham explained that the City has adopted a Conflict of Interest Code as required by the Political Reform Act. The Conflict of hnterest Code identifies those Citv officials and employees that have decision making authority and specifics the financial interests those officials are required to disclose. In January the City Council directed the City Attorney's oflice to evaluate whether any of the Charter boards and commissions have decision making authority and should be added to the Conflict of Interest Code. He said they prepared a number of reports expressing their opinion that each of those boards and commissions have or exercises decision malting authority and could be required to male very limited, very narrow financial disclosures that are related to that decision malting authority. Motion by Council Member Glover to adopt Ordinance No. 97-82 to add the Boards and Commissions to the City's Appendix of Designated Employees. Without objection, the motion carried by acclamation. 20. G• 1 POLICY REVISIONS - DISCUSSION OF HARBOR VIEW HILLS SOUTH REFORESTATION PROPOSAL. City Manager Murphy explained that this item results from the first reforestation proposal which came before the Parks, Beaches and Recreation Commission from the Harbor View Hills South Homeowners Association. The proposal was approved by the Parks, Beaches and Recreation Commission after the proponents of the process complied with all the relevant sections of City Council Policy G-1. The City Council received a letter from SPON addressing several issues related to an appeal provision, one for one replacement for treey in reforestation proposals, and they asked that it be considered by the Council. Council Member Glover requested that the item be placed on the agenda for review. Staff is recommending two actions as outlined in the staff' report. He said there has also been some fir ther discussion about the size of llne trees and perhaps there would be an increase from the minimum .;t:mdard of 15 gallon to 24 inch box trees. INDEX Conflict of Interest Code Res 97-82 (66) Council Policy G-1 Trees (69) Volumc 51 - Page 524 City of Newport Beach City Council Minutes November 24, 1997 INDEX 74Gd6on by Crnmcil Member Thomson to allow a cooling off period for up to 120 days for the homeowners association involved and citizens who have been expressing concerns about this, to understand the G-1 policy. He asked th .l thev wort: with tL:4 ,and have if enure back to the Council Harbor, L' -AL11cs and Parks Committee wttlun L20 days or sooner with revisions to the policy which would in effoet require a one for one tree replacement, a minimum size of tree (committee to decide), and a process to appeal these decisions to the Council. Mr. Murphy explained that the proposal is for Council to proceed to make the changes listed under item 2 with the addition of the size of the trees so that other proposals which may come forward during this period of time would follow the new guidelines, while item 1 which deals with the appeal on Harbor View Hills South would be held for 120 days. Cooncil Member Noyes said he disagrees with the committee designated by C+.uncil Member Thomson and frets it should go back to the Parks, Beaches an I Recreation Commission. Jan Vandersloot, representing SPON, said they appealed this for the reasons set lorth in the letter to Council. IIe said they want to allow appeals by interested parties, to require one for one replacement of trees, and also request that the requirement for 24 inch box trees be implemented. He said it is his understanding that the homeowners have agreed to this and have agreed to having more than one to one tree replacement. They have agreed to replace 26 trees rather than the 21 trees. He said they have questions ab..ut how this process of reforestntiun i. being implemented and the request for more time to study the implications is warranted. He addressed the gudelines as they pertain to contiguous boundaries and noted that the homeowners have requested that Sandcastle be reforested and City staff has asked that some of the trees be included. IIe said the policy is not being implemented in the proper way. The residents are concerned about liability from branches falling off the trees and damaging property, however be isn't sure that is a valid reason for removal. IIe said he doesn't think the requirement for a petition signed by a minimum of 606E of the residents is being carried out. Guy Cazort, 3501 Seabreew Lane, stated that the eucalyptus trees enhance hi: views, however be doesn't fuel that someone's enjoyment of the tree can have more weight than the safety of the people that live at these houses. He said it would be different if the City were trimming them. He said there is a need to eliminate them and replace them with gem magnolias or prune them very seriously. Yvonne Houssels, 1307 Outrigger Drive, said thatthis has been going on for four years and asked that it net be delayed. She said many homeowners are already fullowing the policy and have begun reforestation. The association is no, requesting removal as stated in the unsigned flyer that was distributed. SL - aarified that thev nee a.dtiug Lo• roko rstation of 21 trees and noted that th• have 6.19 harks:'.,, tr<<., in their association. She swirl ;mother rululentified individual said this was opposed by over 100 people at their Volume 51- Page 525 City of Newport Beach City Council Minutes November 24, 1997 homeowners meeting, however it was not discussed. She said they have met with John Conway and determined locations where additional trees can be planted, therefore 10 more trees will now be planted for a total of 21 trees removed and 26 replaced. She said they are encouraging the homeowners to replace them with the larger magnolias where possible. She noted that Mr. Birnberg now supports the reforestation and has offered to help pay for the trees. She said they are only reforesting where individual homeowners have requested and agreed to pay for the entire reforestation. She presented petitions from the homeowners on Sandcastle who have requested the reforestation. She said there are only three homes on side streets that were considered for reforestation. The homeowners have asked for this because the falling branches have hit cars and damaged them. She asked for Council to support the Parks, Beaches and Recreation Commission, the City staff and the homeowners and allow them to proceed with the reforestation. Martha Jones, 1220 Seacrest, stated that some of the homes in the area were evacuated during the Laguna fires. One of the big concerns was the eucalyptus trees on Sandcastle, so at that time she carried a petition on Sandcastle and obtained signatures of all but 6 of 109 homeowners to remove the trees. Joan Hoops, 1201 Outrigger Drive, requested that the trees along Sandcastle and also in the front of their property be removed. She said they were marked several years ago for removal, but have not been removed. She explained the damage caused by the roots and said that since they are just around the corner they are requesting that they be removed since they are hazardous. She asked that the Council reconsider the 120 clays since this is a safety facto, not a beauty factor. James Ensign, 4545 Tremont Lane, urged the Council not to continue this matter. He stated that discussions were held with various homeowners associations to work out the policy and it was a compromise of the various groups involved. He said it is a workable policy and a compromise policy. Their community association has started the process by delineating the areas and identifying the trees so they can start with their reforestation project and they don't want to delay it. Council Member Thomson amended his motion to refer this to the Parks, Beaches and Recreation Commission. Elaine Limhoff, 1760 East Ocean Blvd., asked if SPON's appeal is denied if the reforestation will be allowed to continue. She said that if the Council is going to change the G-1 policy it needs to be made clearer. .She said it isn't clear whether all or only one provision needs to be satisfied to allow reforestation, Ilene Blatz, 1646 Irvine Avenue, said she is concerned about the procedures bec:uise this is the first proposal and she understands there are a lot of other pi r,posals gong forward. Siio spoke iu support of the continuation in order to ,;cl the integrity of the police and the procedures working the first time around so a precedence isn't set. She said they need to know what trees are Volume 51 - Page 526 City of Newport Beach City Council minutes November 24, 1997 is covered by the policy. Tess Lear, 4709 Dorchester Road, member of Cameo Community AS,oviatiot, said slte hms worked on the policy for two yoan:s. She said a compromise was reached with SPON and the Pants, Beaches and Recreation C,onmission and to delay this fur 120 days will add more frustration. She asl•:ed the Council for support of the policy and asked the Council to move forward on the policy as it has been written. Ron Richmond, 1307 Seacrest Drive, Board of Directors for Harbor View Hills South Homeowners Association, said they have been discussing ways to get rid of the dangerous trees and ways to replace them with trees that are more appealing from a view point and a safety point. IIe said the G-1 policy was created in concert with SPON. He said they have agreed with the G-1 pal icy as it exists now and said it should go forward right now, L:u t.v Weesboff, 1407 Outrig r Drive, President of Harbor Vicw Hills South Hoanv,wners Association in 19,44, said that in 1984 there was a big issue ah"ut removing all of the eucalyptus trees on Sandcastle. 11e said they held an vl,-etion about whether to remove those trees and decided that they could replace the trees as long us the association didn't pay for it. It passed M-rwhelntingly, therefore a lot of trees were removed on lower Sandcastle and never replaced. He said SPON has agreed to a system to do this and now tlivy wait to change the policy. He said lie wants the reforestation to take place, but also thinks more trees should be planted on lower Sandcastle. Dfrl Schweickert, 1312 Outrigger Drive, said the tree in front of his house is on ul' the ones that is not on Sandcastle. IIe said he wants it replaced bon ause it is an old carrolwood tree and the cement in the sidewalk has been replaced once. IIe said the tree is dirty and he is willing to pay to have it rep.lord. Sul,aitute motion by Council Diemhor I-dedges to deny the appeal by SPON and approve the reforestation plan of the Harbor View Hills South Homeowners with a requirement that a minimum of 25 trees be planted and they be a minimum of 24 inch box trees. With Council Member Thomson dissenting, the motion carried by acclamation. Suhstitute motion by Council Member I3edges to modify Policy G-1 to require one for one replacement of trees in reforestation projects with a minimum of 24 inch box trees. Without objection, the motion carried by acclamation. Cowicil Member Hedges explained that he would not be proposing an appeal pr„eesS. S,hstitute motion by Council Member Hodes to direct staff to clarify requircnlents for having a reforestation proposal considered by modifying thy• language of the policy to add "or" ht tween sections a, b, a,d c. Without ol{ ..tinu, the motion carried by acclamation. Volume 51 - Page 527 City of Newport Beach City Council Minutes November 24, 1997 MOTION F Olt RECONSIDERATION - Nonc ADJOUR:�?I:MNT - 10:55 p.m. in memory of Sergeant Steve Van IIorn and Dr. Bob Stein 19^i •". �:�B�Y ��-0��P4�•P•1'•CM1•Y I.I 1 1 •1^1•:b �l•9•A��Rk�6'R+4' The agenda for the Regular Meeting was posted on November 19, 1997 at 10:30 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. U11�9�.r.� • !�' City Clerk IVI1 Volume 51 - Page 528 r• K BELCOURT HILL HOMEOWNERS ASSOCIATION 11 NORTHAMPTON COURT, NEWPORT BEACH CALIFORNIA 92660 (714) 644-2006 November 24, 1997 Mr. John G. Markley President Pacific Bay Homes 4041 MacArthur Blvd., Suite 500 Newport Beach, CA 92660 RE: Belcourt Hill Homeowners Association Concerns Dear Mr. Markley: ,kANNING DEPARTMENT '11TY OF NEWPORT BEACH Am NOV'" 1997 8i9iID�ll�12i1�2�3i4i5i6 At the Belcourt Hill Homeowners Association annual meeting, residents expressed numerous concerns about the impact that the much publicized El Nino weather patterns could have on our property. Of particular concern, were questions relative to what actions Pacific Bay Homes has taken to prevent damage or inconvenience to Belcourt Hill property and homeowners. This subject became very heated since the meeting coincidentally took place at the same time as the most recent Santa Ana wind condition. Dust and sand covered the residents, papers and pool furniture. The plastic covering and sandbags Pacific Bay Homes put in place to prevent this type of problem failed, with the ground plastic sheeting being torn to shreds. We were almost forced to cancel the meeting; several members could not attend because of health issues associated with the swirling dust. This caused us to ask, "What will happen when the full force of El Nino hits here?" As you are aware, we have been greatly impacted over the past three years through the demolition, remediation, grading and initial development phases of the Ford land. It has disrupted the peace and tranquillity of the neighborhood and burdened the association and its contractors with increased labor requirements and maintenance costs. For example: a major painting project was thrown off schedule and the quality denigrated by a constant deposit of dirt; skylights, decks, landscaping, streets and the pool are always covered with a layer of dust; on several occasions irrigation system stations were damaged and mature landscaping lost. Association members are angry and feel very adamantly that these issues have been a significant factor in diminishing the desirability and re -salability of our homes. The initial reaction of members was to contact the Newport Beach City Council and Planning Commission to express these strong feelings and concerns about the Pacific Bay Homes development. Instead, we have chosen to contact you directly. Many questions were raised because of concerns about the dramatically re -contoured soil elevations and use of fill land without retaining walls or secure landscaping. We have no confidence that they will withstand severe weather conditions. Please inform us as to what actions have been taken in the following areas: • Erosion and landslide control. • Flood and storm water control. • Elevated water table and contamination. • Constructionrun-offpollution. • Wind caused damage, debris and dirt. • Perimeter fence damage and deterioration. • Loss and damage to trees, landscaping and irrigation systems. A timely reply would be appreciated and could possibly help to diffuse the anxiety escalating within the association. Please call me if you need clarification regarding any items. Sincerely, Trish Begg President, Board Of Directors CC: 'Newport Beach City Planning Commission Belcourt Hill Homeowners Association, Board Of Directors Don Stahlin NOI5E ANALYSIS FOR TRACT 15332 CITY OF NEWPORT BEACH Report #96-129 September 3,1996 Prepared For: Pacific Bay Homes 18400 Von Karman, Suite 900 Irvine, CA 92715 Prepared By: Fred Greve, P.E. Justin Grant Upke Mestre Greve Associates 280 Newport Center Drive, Suite 230 Newport Beach, CA 92660 Phone (714) 760-0891 Fax (714) 760-1928 SUMMARY NOISE ANALYSIS FOR TRACT 15332 CITY OF NEWPORT BEACH EXTERIOR NOISE MITIGATION to meet S1. Mestre Greve Associates Report #96-129 Page 1 i Road. The required noise barrier locations and are listed below in Table S 1, and are shown in Table SI REQUIRED FIRST FLOOR EXTERIOR LIVING AREA NOISE BARRIER HEIGHTS AND LOCATIONS LOT REQUIRED BARRIER HEIGHT (FT) Along Jamboree Road Lots 195 through 205 5.0 * Lots 212, 213, 222, 223, 234 6.5 * Lots 291, 292, 309, 327, 328 6.0 * Along Ford Road Lots 151-156 4.0* * - Denotes height above pad elevation The noise barriers may consist of a wall, a berm, or a combination of the two. The noise barriers must have a surface density of at least 3.5 pounds per square foot, and shall have no openings or cracks. The wall may be constructed of 3/8 inch plate glass, 5/8 inch plexiglass, any masonry material, or a combination of these materials. All rear yard areas in the project will meet the 65 CNEL outdoor noise standard with the noise barriers listed above in Table S 1. The noise barriers shall be located at top of slope, as shown in Exhibit S 1. Balconies are not planned for the project. Balcony barriers will not be requited INTERIOR NOISE MITIGATION With the exterior mitigation measures specified in above, fast floor exterior building surfaces in the project will be exposed to noise levels of less than 65 CNEL, and therefore, will require less than 20.0 dB exterior to interior noise reduction in order to meet the City's 45 CNEL interior noise standard. With construction practices common in California, residential buildings achieve outdoor to indoor noise reductions of at least 20 dB. Therefore, all fast floor rooms in the project will meet the City's 45 CNEL interior noise standard without building upgrades. Mestre Greve Associates Report #96-129 Page 2 Second floor building surfaces adjacent to Jamboree Road will be exposed to a maximum noise level of 72.1 CNEL, and therefore, will require at least 27.1 dB noise reduction in order to meet the 45 CNEL interior noise standard. While the second floor building surfaces in the project along Ford Road will be exposed to a maximum noise level of 63 CNEL will meet the City's 45 CNEL interior noise standard without building upgrades. Detailed engineering calculations are needed for building attenuation requirements greater than 20 dB. Based upon the construction details and the EWNR values, the exterior to interior noise reduction was calculated for a number of rooms. Construction details presented below were taken from the preliminary architectural drawings prepared for the project McLarand, Vasquez & Partners, Inc. Roofs are vented attic space constructions and incorporate concrete tiles on the exterior and minimum 112 inch gypsum drywall on the interior surface of the living area. Attic spaces are insulated with fiberglass insulation, and roofs are sloped. Exterior walls are wood stud construction with718 inch stucco exteriors andminimum 112 inch gypsum drywall on the interior. All exterior walls include fiberglass insulation in the stud cavities. Windows are assumed to be single glazed. All windows are assumed to be both operable and fixed. Entry doors are assumed to be constructed to the standard 1 314 inch solid -core wood (1116 inch undercut). French doors were assumed to be 3116 inch tempered glass. In order to meet the City's 45 CNEL interior noise standard, our analysis shows that some rooms in the project adjacent to Jamboree Road will require building upgrades. The required at to these are Table S2 REQUIRED BUILDING UPGRADES UPGRADE - PRODUCT -LOT LEVEL Plan, Room REQUIRED PRODUCT 1 Plan 1 - Lot 292 Second Floor Master Bedroom 2 Second Floor Den / Bedroom 2 Plan 2 - Lot 291,327 Second Floor Bedroom #2 2 Plan 3-Lot223 Second Floor Bedroom #2 1 Second Floor Den 1 Plan 4 -Lot 234 Second Floor Master Bedroom 2 Second Floor Bedroom #2 2 Table S2 (continued) REQUIRED BUILDING UPGRADES PRODUCT -LOT Plan, Room Mestre Greve Associates Report #96-129 Page 3 UPGRADE LEVEL REQUIRED Plan 4 -Lot 309 Second Floor Bedroom #3 1 Second Floor Bedroom #4 2 Second Floor Retreat 2 PRODUCE 2 Plan 1- Lot 197, 204 Second Floor Master Bedroom 2 Plan 2 - Lot 196 Second Floor Master Bedroom 2 Second Floor Exercise Room 2 Plan 2 -Lot 200, 202, 222 Second Floor Master Bedroom 2 Second Floor Exercise Room 2 Second Floor Bedroom #3 2 Plan 3 - Lot 195, 198, 199, 201, 203, 205 Second Floor Master Bedroom 2 Plan 3 -Lot 212 Second Floor Bedroom #2 2,3 Plan 3 - Lot 213, 328 Second Floor Master Bedroom 2 Second Floor Bedroom #3 294 - upgrade all operable windows to EWNR = 26 or STC = 28 upgrade all fixed windows to EWNR = 30 or STC = 32 (typically 3/8" single glazed) 2 - upgrade all operable windows to EWNR = 30 or STC = 34 - upgrade all fixed windows to EWNR = 34 or STC = 38 (typically 3/8" laminated) 3 - upgrade outside door entries to EWNR = 29 or STC = 32 [typically 13/4" french door (1/4" laminated glass, weatherstripped with Astragal)] 4 - upgrade outside door entries to EWNR = 3S [typically 13/4" solid core (drop seal threshold)] NOTE - Add 4 dB to all sliding window ratings to get fixed windows ratings. Window upgrades listed above represent windows with glass thicknesses that typically meet the specified EWNR/STC ratings. Glass thickness is only one factor in the overall noise reduction characteristics of a window. Other factors include the frame and seal type. Therefore, noise reduction ratings for windows of a given glass thickness can vary from one manufacturer to another. Consult Mestre Greve Associates Report#96-129 Page 4 with the window manufacturer to ensure compliance of the planned windows with the noise reduction rating requirements. The door upgrades listed above are examples that have the required noise reduction properties to reach the speck EWNR rating. Different door materials and models may vary in theirEWNR rating, so it is important to choose door upgrades that are equal or greater to the EWNR rating up above. MECHANICAL VENTILATION Since the noise attenuation of a building falls to about 12 dB with windows open, all buildings exposed to noise levels greater than 57 CNEL will meet the 45 CNEL interior noise standard only with windows closed. In order to assume that windows can remain closed to achieve this required attenuation, adequate ventilation with windows closed must be provided per the Uniform Building Code. This can be achieved with mechanical ventilation to provide fresh air. The system must supply two air changes per hour to each habitable room including 20% fresh make-up air obtained directly from the outside. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct, or six feet plus one sharp 90 degree bend. Air conditioning units may be an adequate substitute for mechanical ventilation as long as they meet ventilation requirements specified in the Uniform Building Code. Table S3 MECHANICAL VENTILATION REQUIREMENTS Homes on Lots 151 through 156 231 through 234 195 through 205 289' through 294 210 through 215 309 through 311 220 through 226 325 through 330 MV[70=3AMM 3XMj4F i < - - ,•L`% .:/,, ; ro,` • i/ riii i ,_��< ,��` �.C,i r/:.d (St nl J ' `� Grp 1�! 'k�- -< • , i �� i� .ail . r4,i 4i a Ili ,_• .. + '! e - '. i t_l I, •t , • '�.,t .!� .r, _ �< �a �'f �� 1, ! t - , 'pf - r < pf Ct � 3 � •sJ: �r O; t .t , Of• �: Of -i a Utf �: a bl , , ' , O,t Ot Ot �:f n11 0, JJ it ll ,► . . ; , ml 7.1 l7ir _ ,.._•_ . _ _ �:: �i _ ` Oi ._if � Oi , Oi - ® �� �? _7 ,, CiJf. c_ ,,l' . ��..—_.,,•_. `` � - ., m s • r _ ii O ©i -mf ©t 1 s a ! mt �, ' ¢f. _• Rf t_'i L)� i , s; avow uUO3 t 1Q1 ry; 1'f r; ,,ni o li?i' a'�.' ' �t • 1 • , o� . _% t - t �t ' I - l�! Pir, ' ,i�1t „� �� 4 © tryl, 'Er%' ,•Y -,_ `_ ' :'i .I�� Opt It a • a � i mf �f �i �- y UP � } �' ' .mr-.3 , - -• ' . � sit }; � � y: •,5 . \ 1•, .. t ©t � •�j1z", .fit •. , , : - �— — r, a• S,i 1 :• - .. 'i' 1 li'Z,t-•� i ' ,mf .�f• ,Di �i' `�i l �l - . ,o- ' . � - ; m ° ®! 7 , m � I , of '' mil•• mr ., 9: ' : � a/�, . fir- '> r _ ♦ NoliviLL\[3A'IVOI-�[VHO3N[ ----- - - _- - - -- - ONI11IfIa3u S3WOH -_.--- avou as ogwyr NOISE ANALYSIS FOR TRACT 15332 CITY OF NEWPORT BEACH 1.0 INTRODUCTION Mestre Greve Associates Report #96-129 Page 5 The purpose of this report is to demonstrate compliance of the "Loral Site" Tract 15332 with the noise related `Conditions of Approval' placed on the project by the City of Newport Beach. The project calls for the development of single-family homes. This report determines the future exterior noise levels at the project site and incorporates the 65 CNEL exterior and the 45 CNEL interior noise standards adopted by the City of Newport Beach. Site plan and grading information was taken from the "Grading Plan and Site Plan for Tract 15332" by Adams Streeter Civil Engineers, June 24, 1996. The project is located in the City of Newport Beach, as shown in Exhibit 1. The project will be impacted by traffic noise from both Jamboree Road and Ford Road. This study determines any mitigation measures required in order to meet the 65 CNEL exterior noise standard and the 45 CNEL interior noise standard. 2.0 CITY OF Newport Beach NOISE STANDARDS The City of Newport Beach species outdoor and indoor noise limits for residential land uses. Both, standards are based upon the CNEL index. CNEL (Community Noise Equivalent Level) is a 24-hour time weighted annual average noise level based on the A -weighted decibel. A -weighting is a frequency correction that correlates overall sound pressure levels with the frequency response of the human ear. Time weighting refers to the fact that noise occurring during certain noise -sensitive time periods is given more significance for occurring at these times. In the noise calculation process, the evening time period (7 PM to 10 PM) weights noises by 5 dB, while nighttime (10 PM to 7 AM) noises are weighted by 10 dB. These time periods and weighting factors are used to reflect increased sensitivity to noise while sleeping, eating, and relaxing. The City of Newport Beach uses an exterior noise standard of 65 CNEL, and an interior noise standard of 45 CNEL. 3.0 METHODOLOGY The traffic noise levels projected in this report were computed using the Highway Noise Model published by the Federal Highway Administration ("FHWA Highway Traffic Noise Prediction Model", FHWA-RD-77-108, December 1978). The FHWA Model uses traffic volume, vehicle mix, vehicle speed, and roadway geometry to compute the "equivalent noise level". A computer code has been written which computes equivalent noise levels for each of the time periods used in CNEL. Weighting these noise levels and summing them results in the CNEL for the traffic projections used. Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating traffic noise impacts. The effect of a noise barrier is critically dependent upon the geometry between the noise source, the barrier, and.the observer. A noise barrier effect occurs when the "line of sight" between the noise source and the observer is interrupted by the barrier. As the distance that the noise must travel around the noise barrier increases, the amount of noise reduction increases. The FHWA model was also used here in computerized format to determine the required barrier heights. ml I aw" -- FS)TRE GREVE ASSOCIATES a u lm I PAU ..... ... .... I ...... I Exhibit I - Vicinity Map I Mestre Greve Associates Report #96-129 Page 6 4.0 NOISE EXPOSURE The future (post-2010) traffic volume for both Jamboree Road and Ford Road was obtained from Mr. Rich Edmonston at the City of Newport Beach Traffic and Engineering Department on August 21, 1996. The traffic volume and vehicle speed used in the CNEL calculations are presented below in Table 1. The traffic distribution which was used in the CNEL calculations is presented in Table 2. Arterial traffic distribution estimates are based upon traffic surveys, and can be considered typical for arterials in Southern California. Table 1 FUTURE TRAFFIC VOLUMES AND SPEEDS ROADWAY TRAFFIC VOLUME SPEED (MPH) Jamboree Road 62,000 55 Ford Road 13,000 50 Table 2 TRAFFIC DISTRIBUTION PER TIME OF DAY IN PERCENT OF ADT VEHICLE TYPE DAY EVENING NIGHT Automobile 75.51 12.57 9.34 Medium Truck 1.56 0.09 0.19 Heavy Truck 0.64 0.02 0.08 Using the assumptions presented above, the future noise levels were computed. The results for Jamboree Road and Ford Road are listed in Table 3 in terms of distances to the 60, 65, and 70 CNEL contours. These represent the distances from the centerline of the roadway to the contour value shown. Note that the values given in Table 3 do not take into account the effect of intervening topography that may affect the roadway noise exposure. Topographic effects are included in the noise barrier analysis section (Section 5.0) of this report. Table 3 DISTANCE TO NOISE CONTOURS FOR FUTURE TRAFFIC CONDITIONS ROADWAY SEGMENT Mestre Greve Associates Report #96-129 Page 7 DISTANCE TO CNEL CONTOUR OM -70- -65- -60- Jamboree Road 144 311 670 Ford Road 42 91 195 The exterior living areas in the project must comply with the City's 65 CNEL exterior noise standard. The results in Table 2 and the site plan (Exhibit 2) indicate that the first floor exterior living areas along Jamboree Road would be exposed to unmitigated traffic noise levels of up to 72.2 CNEL. The first floor exterior living areas along Ford Road would be exposed to unmitigated traffic noise levels of up to 64.2 CNEL. 5.0 EXTERIOR NOISE MITIGATION For the exterior living areas which are exposed to noise levels greater than 65 CNEL, some form of noise mitigation is required. An effective method of reducing the traffic noise to acceptable levels is with a noise barrier. Representative cross -sections along Jamboree Road (see Appendix for analysis. data) were analyzed utilizing the FHWA Model to determine the necessary noise barrier locations and heights. The results of the analysis indicate that in order to meet the 65 CNEL exterior noise standard, to meet the 65 CNEL exterior noise standard are listed below in Table 4, and are shown in Exhibit Table 4 REQUIRED FIRST FLOOR EXTERIOR LIVING AREA NOISE BARRIER HEIGHTS AND LOCATIONS. REQUIRED LOT BARRIER HEIGHT (FT) Along Jamboree Road Lots 195 through 205 5.0 * Lots 212, 213, 222, 223, 234 6.5 * Lots 291, 292, 309, 327, 328 6.0* Lots 151-156 4.0* - Denotes height above pad elevation The noise barriers may consist of a wall, a berm, or a combination of the two. The noise barriers must have a surface density of at least 3.5 pounds per square foot, and shall have no openings or cracks. SILW30SYV 3AUD 311MM uuid allS - Z llglgx2l ell _ r Oi 1 @.. �•� - Cps _ J' i •- �F 'm QDI mF tmF �1! •sli '• �t � - •�_ 1.0 s♦ is CA `i � `• •� ��% ! [ lei • '.y: 'R n,h, ••ti 'rii _ - GS , 1 / .• ey • ,J •/ ' ' ; IGIt _�+ tt.IF '�: �� '�'� C1; p-j CI r,[ �ly 1 '\' _- 4 .' J` 1 =•t ! • •J� • • Gj �l+ Cli• Ciit t � ! , �'[ tti � ^ nr � �[ G @l Ib 0 t " ®; -• -.: . a p} - �i ' �;• - „�,� ,ill •. G+ O; ' ��• � pLF ©` �� � @� ®i • ©i ©f . �� . ©F tUF pi Ci; Vi G-^i `�[ �_ @i i�� ©i!1 @l F Ct1F ' 31 ©•N p 1 - _.! [..-1 1 ti f i! @[ @ ®1 ` @t @t ... Y[ C•f , O� Hai l�:y a T 3�i�6�,4'is'i�'i i Ct1i @� �'[ 1 Ltt 'v•1 @1.,. ®� - - - �I•` QiI VOQ2I03 a®i _ ' t . �t (yet �a a: �• QJi �!** ert sit .@[ '♦ `@�, ` �eC :�r ©� ,©' � ` ` 0. ;N� [ [ C. � L': .� . .044 Ti i'C\� •mi♦'` , 10=© ffJl miPI19i �@` IQ�,�68`• ,Qvtt "'. . •-�F . �� [ ® •® 1• •®i '©n`a `Oq.•@[�,y '• •• .ram"�• _ /._•:'-.•� . 1 Mestre Greve Associates Report#96-129 Page 8 The wall may be constructed of 3/8 inch plate glass, 5/8 inch plexiglass, any masonry material, or a combination of these materials. All rear yard areas in the project will meet the 65 CNEL outdoor noise standard with the noise barriers listed above in Table 4. The noise barriers shall be located at top of slope, as shown in Exhibit 3. Balconies are not planned for the project. Balcony barriers will not be required 6.0 INTERIOR NOISE MITIGATION The project must comply with the City of Newport Beach indoor noise standard of 45 CNEL. To meet the interior noise standard, the building must provide sufficient outdoor to indoor building attenuation to reduce the noise to acceptable levels. The outdoor to indoor noise reduction characteristics of a building are determined by combining the transmission loss of each of the building elements which make up the building. Each unique building element has a characteristic transmission loss. For residential units, the critical building elements are the roof, walls, windows, doors, attic configuration and insulation. The total noise reduction achieved is dependent upon the transmission loss of each element, and the surface area of that element in relation to the total surface area of the room. Room absorption is the final factor used in determining the total noise reduction. With the exterior mitigation measures specified in Section 5.0, first floor exterior building surfaces in the project will be exposed to noise levels of less than 65 CNEL, and therefore, will require less than 20.0 dB exterior to interior noise reduction in order to meet the City's 45 CNEL interior noise standard With construction practices common in California, residential buildings achieve outdoor to indoor noise reductions of at least 20 dB. Therefore, all first floor rooms in the project will meet the City's 45 CNEL interior noise standard without building upgrades. Second floor building surfaces adjacent to Jamboree Road will be exposed to a maximum noise level of 72.1 CNEL, and therefore, will require at least 27.1 dB noise reduction in order to meet the 45 CNEL interior noise standard. While the second floor building surfaces in the project along Ford Road will be exposed to a maximum noise level of 63 CNEL will meet the City's 45 CNEL interior noise standard without building upgrades. Detailed engineering calculations are needed for building attenuation requirements greater than 20 dB. Based upon the construction details and the EWNR values, the exterior to interior noise reduction was calculated for a number of rooms. Construction details presented below were taken from the preliminary architectural drawings prepared for the project McLarand, Vasquez & Partners, Inc. Roofs are vented attic space constructions and incorporate concrete tiles on the exterior and minimum 112 inch gypsum drywall on the interior surface of the living area. Attic spaces are insulated with fiberglass insulation, and roofs are sloped. Exterior walls are wood stud construction with718 inch stucco exteriors and minimum 112 inch gypsum drywall on the interior. All exterior walls includefiberglass insulation in the stud cavities. Windows are assumed to be single glazed. All windows are assumed to be both operable and fixed. Entry doors are assumed to be constructed to the standard 1 314 inch hollow -core wood (1116 inch undercut). French doors were assumed to be 3116 inch tempered glass. In order to meet the City's 45 CNEL interior noise standard, our analysis shows that some rooms in are listed in Table 5. The total noise Table 5 REQUIRED BUILDING UPGRADES Mestre Greve Associates Report #96-129 Page 9 ,, The required upgrades to these are listed in Table 6. PRODUCT -Lot Plan, Room UPGRADE LEVEL REQUIRED PRODUCT 1 Plan 1 - Lot 292 Second Floor Master Bedroom 2 Second Floor Den / Bedroom 2 Plan 2 -Lot 291,327 Second Floor Bedroom #2 2 Plan 3 - Lot 223 Second Floor Bedroom #2 1 Second Floor Den 1 Plan 4 -Lot 234 Second Floor Master Bedroom 2 Second Floor Bedroom #2 2 Plan 4 -Lot 309 Second Floor Bedroom #3 1 Second Floor Bedroom #4 2 Second Floor Retreat 2 PRODUCT 2 Plan 1- Lot 197, 204 Second Floor Master Bedroom 2 Plan 2 -Lot 196 ' Second Floor Master Bedroom 2 Second Floor Exercise Room 2 Plan 2 -Lot 200, 202, 222 Second Floor Master Bedroom 2 ' Second Floor Exercise Room '2 Second Floor Bedroom #3 2 Plan 3 -Lot 195, 198, 199, 201, 203, 205 Second Floor Master Bedroom 2 Plan 3 -Lot 212 Second Floor Bedroom #2 293 Plan 3 - Lot 213, 328 Second Floor Master Bedroom 2 Second Floor Bedroom #3 294 1 - upgrade all operable windows to EWNR = 26 or STC = 28 - upgrade all fixed windows to EWNR = 30 or STC = 32 (typically 3/8" single glazed) Mestre Greve Associates Report#96-129 Page 10 2 - upgrade all operable windows to EWNR = 30 or STC = 34 upgrade all fixed windows to EWNR = 34 or STC = 38 (typically 3/8" laminated) 3 - upgrade outside door entries to EWNR = 29 or STC = 32 [typically 13/4" french door (1/4" LAM, weatherstripped with Astragal)] 4 - upgrade outside door entries to EWNR = 35 [typically 13/4" solid core (drop seal threshold)] NOTE - Add 4 dB to all sliding window ratings to get fixed windows ratings. Window upgrades listed above represent windows with glass thicknesses that typically meet the specified EWNR/STC ratings. Glass thickness is only one factor in the overall noise reduction characteristics of a window. Other factors include the frame and seal type. Therefore, noise reduction ratings for windows of a given glass thickness can vary from one manufacturer to another. Consult with the window manufacturer to ensure compliance of the planned windows with the noise reduction rating requirements. The door upgrades listed above are examples that have the required noise reduction properties to reach the specific EWNR rating. Different door materials and models may vary in their EWNR rating, so it is important to choose door upgrades that are equal or greater to the EWNR rating up above. Results of the EWNR calculations are presented in Table 6. Table 6 DATA USED TO COMPUTE THE EXTERIOR TO INTERIOR NOISE REDUCTION Room AREA Building Element (SQ. Fr) EWNR (dB) NO Upgrades EWNR (dB) Upgrades Product 1 Plan 1, Second Floor, Master Bedroom Roof/Ceiling 323.9 36 36 Wall 314.0 40 40 Window (operable) 102.0 22 30 Window (fixed) 12.0 26 34 Total Noise Reduction (dB): 23.8 29.3 Worst Case Required Noise Reduction (de) : 27.1 Product 1 Plan 2, Second Floor, Bedroom #2 Roof/Ceiling 203.6 36 36 Wall 208.5 40 40 Window (operable) 45.0 22 30 Window (fixed) 8.0 26 34 Total Noise Reduction (dB): 24.9 29.9 Worst Case Required Noise Reduction (dB) : 27.1 Mestre Greve Associates Report #96-129 Page 11 Table 6 (continued) DATA USED TO COMPUTE THE EXTERIOR TO INTERIOR NOISE REDUCTION Room AREA EWNR Building Element (SQ. Ff.) (dB) NO Upgrades EWNR (dB) Upgrades Product 1 Plan 3, Second Floor, Bedroom #2 Roof/Ceiling 207.6 36 36 Wall 248.7 40 40 Window (operable) 15.0 22 26 Total Noise Reduction (dB): 28.4 30.1 Worst Case Required Noise Reduction (dB) : 27.1 Product 1 Plan 4, Second Floor, Retreat Roof/Ceiling 163.4 36 36 Wall 50.3 40 40 Window (operable) 30.0 22 30 Total Noise Reduction (dB): 22.9 29.1 Worst Case Required Noise Reduction (dB) : 27.1 Product 2 Plan 1, Second Floor, Master Bedroom Roof/Ceiling 253.8 36 36 Wall 228.0 40 40 Window (operable) 60.0 22 30 Total Noise Reduction (dB): 24.7 29.7 Worst Case Required Noise Reduction (dB) : 27.1 Product 2 Plan 2, Second Floor, Bedroom #2 Roof/Ceiling 130.0 36 36 Wall 130.0 40 40 Window (operable) ' 15.0 22 30 Window (fixed) 8.0 26 34 Total Noise Reduction (dB): 26.5 30.5 Worst Case Required Noise Reduction (dB) : 27.1 Product 2 Plan 3, Second Floor, Bedroom #3 Roof/Ceiling 140.4 36 36 Wall 165.2 40 40 Window (operable) 45.0 22 30 Window (fixed) 4.0 26 34 Door (entry) 21.0 16 35 Total Noise Reduction W): 20.3 29.5 Worst Case Required Noise Reduction (dB) : 27.1 Mestre Greve Associates Report #96-129 Page 12 Table 6 (continued) DATA USED TO COMPUTE THE EXTERIOR TO INTERIOR NOISE REDUCTION 'Room AREA EWNR EWNR Building Element (SQ. Fr.) (dB) (dB) NO Upgrades Upgrades Product 2 Plan 3, Second Floor, Bedroom #2 Roof/Ceiling 100.1 36 36 Wall 128.3 40 40 Window (operable) 15.0 22 30 Window (fixed) 8.0 26 34 Door (entry) 35.0 16 29 Total Noise Reduction (dB): 18.4 29.2 Worst Case Required Noise Reduction (de) : 27.1 The data in Table 6 indicate that the worst case room will achieve an outdoor to indoor noise reduction of about 29.1 dB. This exceeds the required reduction of 27.1 dB. Therefore, all rooms in the project 7.0 MECHANICAL VENTILATION Since the noise attenuation of a building falls to about 12 dB with windows open, all buildings exposed to noise levels greater than 57 CNEL will meet the 45 CNEL interior noise standard only with windows closed. In order to assume that windows can remain closed to achieve this required attenuation, adequate ventilation with windows closed must be provided per the Uniform Building Code. This can be achieved with mechanical ventilation to provide fresh air. The system must supply two air changes per hour to each habitable room including 20% fresh make-up air obtained directly from the outside. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct, or six feet plus one sharp 90 degree bend. Mechanical ventilation will be required for those homes listed in Table 7 and shown in Exhibit4 Air conditioning units may be an adequate substitute for mechanical ventilation as long as they meet the ventilation requirements specified in the Uniform Building Code. Table 7 MECHANICAL VENTILATION REQUIREMENTS affi—I 1 07 Homes on Lots 151 through 156 231 through 234 195 through 205 289 through 294 210 through 215 309 through 311 220 through 226 325 through 330 S3.LVIJOSSV 31SND 3VMN Mestre Greve Associates Report #96-129 Page 13 APPENDIX DATA USED TO DETERMINE FIRST FLOOR NOISE LEVELS DESIGN DATA - REAR YARD AREA WITH AS FT. OBSERVER (Along Jamboree Road) Lot Road Elevation Distance Centerline To Wall Base Of Wall Distance Centerline To Observer Observer Elevation 195 170.0 356 224.0 361 224.0 197 173.0 296 223.5 301 223.5 200 180.0 200 224.0 205 224.0 203 190.0 154 222.7 159 222.7 213 208.0 100 217.0 105 217.0 222 212.0 98 218.2 103 218.2 223 213.7 100 217.0 105 217.0 291 214.0 142 215.7 147 215.7 292 213.3 138 215.0 143 215.0 328 208.0 120 211.3 125 211.3 (Along Ford Road) 151 171.0 153 165.0 156 163.0 INCORPORATED LIGHTING DESIGNERS • ELECTRICAL ENGINEERS October 8, 1997 Mr. Marc Myers City of Newport Beach Planning Commission Public Works Department 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658-8915_ Re: One Ford Road - Newport Beach, CA. RECREATION AREAS Dear Mr. Myers: REUNED BY OLANNING DEPARTMENT CITY OF NEWPORT BEACH OCT 9 1997 7 81911D002111218AA6 F This letter is to confirm that in the above referenced project, the post light system is designed and will be installed so that all direct rays are confined to the site. The lighting fixture utilizes 32W. a compact fluorescent lamp. The lamp provides 1920 lumen output, similar to 100W. incandescent lumen output, it will provide excellent color and good lighting level within the recreation areas. The type 5 lighting distribution in the globe has a prismatic refractor which minimizes light spillage and eliminates glare by the prism directing the light down through the lamp which is located in the center of the fixture. The adjacent project property will be protected from direct rays and glare. The level of lighting in the recreation area complies with the recommendation of (Illuminating Engineering Scociety of North America) IESNA DG-5-1994 table A-1 refer to Park Residential Min. 2 lux. of lighting level. Thank you for your time and consideration in this matter. Sincerely, LDB INCORP AM, Iq 1 r 4, William Long Tran, P.E. Principal WT/Wp 3151 AIRWAY AVE., SUITE F108 • COSTA MESA, CA 92626 • TEL: (714) 432-1327 • FAX: (714) 432-8736 OCT 08 '97 10:01 FR PACIFIC HAY HOMES 10/07/19y1 1b:4b 1144.iLHIdC 714 633 7970 TO 6443316 P.02i02 • � 1 , ,a(,,, cam. October 1, 1997 Mayc- Mv/"5 City of Newport Beach Planning Commission Public Works Department 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658-8915 Re: One Ford Road - Newport Beach, CA. RECREATION AREAS To whom it may concern: This letter is to confirm that in the above referenced project, the post light system is designed and will be installed so that all direct rays are confined to the site. The lighting fixture utilizes 32W. a compact fluorescent lamp_ The lamp provides 1929 lt� en output, similar to'100W. incandescent lumen output,, is lS ovide excellent color and good lighting level within the recreation areas. The type 5 lighting distribution in the globe has a Prismatic refractor which minimizes light spillage and eliminates glare by the prism directing the light down through the lamp which is located in the center of the fixture. The adjacent project property will be protected from direct rays and glare. The level of lighting in the recreation area complies with the recommendation of (Illuminating Engineering Scociety of North America) TESNA DG-5-1994 table A-1 refer to Park Residential Min. 2 lux. of lighting level. Thank you for your time and consideration in this matter. Sincerely, LDB INCORPORATED William Long Tran, P.E. Principal &J= OCT 07 '97 17:48 7144328736 PAGE.02 ** TOTAL PAGE.02 ** (p/11/1997 11:09 7144328736 LD3, INC. PAGE 02 LIGHTING DESIGNERS • ELECTRICAL ENGINEERS September 11, 1997 City of Newport Beach Planning Commission Public Works Department 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658-8915 Re: One Ford Road - Newport Beach, CA. Tentative Tract 15333 To whom it may concern: This letter is to confirm that in the above referenced project, the street lighting system is designed and will be installed so that all direct rays are confined to the site. The type 3 lighting distribution in the globe has a prismatic refractor which minimizes light spillage and eliminates glare by the prism directing the light down through the lamp which is located in the center of the fixture. The adjacent project property will be protected from direct rays and glare. The level of lighting in the street shall comply with the requirements of the American National Standard Practice for Roadway Lighting, ANSI/IES RP-8 of 1983 and reaffirmed in 1993. Thank you for your time and consideration in this matter. Sincerely, LDB INCORPORATED William Long Tran, P.E. Principal WT/Wp 3151 AIRWAY AVE., SUITE F108 • COSTA MESA, CA 92626 • TEL: (714) 432-1327 • FAX: (714) 432-8736 ¢9/11/1997 11:09 7144328736 LIGHTING DESIGNERS - ELECTRICAL ENGINEERS DATE: September 11, 1997 PROJECT No., 96045 FAX TRAN S MITTA L TO: MR. MARK MEYER COMPANY: CITY OF NEWPORT BEACH FAX: 644-3318 FROM: BAO LE PROJECT; ONE FORD ROAD - TRACT 15333, NEWPORT BEACH, CA PAGE 01 REMARKS: We forward to you the letter required by Planning Commission as requested by Mr. Marcus Lamkln at Pacific Bay Homes.. FAX COPY: MR, MARCUS LAMPKIN - PACIFIC BAY HOMES. WE ARE TRANSMITTING A TOTAL OF 2 PAGES INCLUDING THIS TRANSMITTAL SHEET. 3151 AIRWAY AVE. SUITE F108 • COSTA MESA, CA 92626 - TEL: (714) 432-1327 - FAX: (714)432.8736 ENGINEERING RESOURCE PRESERVATION 14 July, 1997 Mr. Marc Lamkin Pacific Bay Homes 4041 MacArthur Blvd. Newport Beach CA 92660 Subject: Letter Report of Archaeological and Paleontological Monitoring for Proposed Pacific Bay Homes, Ford and Jamboree Roads, City of Newport Beach. Dear Mr. Lamkin: This letter report has been prepared to document the results of archaeological and paleontological monitoring of the Pacific Bay Homes property at Ford and Jamboree Roads (Figures 1 & 2). In addition to the monitoring work, a records check was performed at the South Central Coastal Information Center in order to identify any possible archaeological remains that may have been located within the project area. Staffing The project was under the direction of Michael E. Macko, President and Principal Investigator of Macko, Inc. Mr. Macko is S.O.P.A. certified for field research and collections research. Field work was conducted by Macko, Inc. staff archaeologists. Paleontological examinations were conducted by Kevin S. Buffington, and background research was performed by William Hayden. Methods The records search was conducted at the South Coast Information Center at the University of California, Los Angeles by William Hayden. Information Center maps and documents were examined for historic or prehistoric cultural resources or surveys located within a one -mile radius of the project area boundaries. An initial examination of the site was carried out on Sept. 26, 1997 by W. Hayden and C. Hunter. Disced, graded, or ripped portions of the project area and all visible areas of less than 20' slope were covered by zig-zag transects at 20 meter intervals, while steeper areas were examined from a distance for indications of buried cultural or paleontological remains. Full-time monitoring of construction work was carried out in archaeologically sensitive areas within the project area. Non -sensitive areas were spot-checked on a regular basis once it was determined that no previously exposed cultural or paleontological materials were present within the project area. 203a I IRVINE AVENUE, SUITE F-2 SPECIALISTS IN ARCHAEOLOGICAL, HISTORICAL, & PALEONTOLOGICAL RESOURCE SERVICES SANTAAm HEIGHTS, CAUFORNIA 92707 PHONE: (71 4) 966.9022 0 FAx: (7I 4) 966-0923 Mr. Marc Lamkin, Pacific Bay Homes page 2 Archaeological and Paleontological Monitoring for Pacific Bay Homes 14 July, 1997 Results The records search performed at the South Coast Information Center showed numerous cultural resources and surveys within a one -mile radius of the project area. One site (CA- ORA-102) was recorded within the project area, but there is no record of any previous survey reports within the project area. The initial walkover of the project area yielded no evidence of extant cultural resources, despite a number of pits and graded areas already present. One of these pits appears to have intersected the recorded location of CA-ORA-102 (Figure 3), however no evidence of the site could be identified. Subsequent monitoring of this archaeologically sensitive area also yielded no evidence of the site; presumably it was destroyed shortly after being recorded, probably during the construction of the original facilities on the property in the early 1950s. Archaeological and paleontological monitoring of the remainder of the project area resulted in the discovery of no cultural or paleontological resources. Recommendations Because of the previously recorded presence of numerous, densely distributed sites in the area, there is a strong possibility that there may originally have been other cultural resources within the project area in addition to CA-ORA-102. While any such deposits may have been destroyed already during the lengthy history of disturbance within the project area, there is still a possibility of intact buried cultural resources at depth. Bearing this in mind, it is recommended that no further archaeological or paleontological work is necessary within the project area, with the exception that any future excavation below the depths excavated during the course of this project should be monitored by a qualified archaeologist and/or paleontologist. We hope this letter report provides you with the information you need. Please let us know if you require additional information. Warm Regards, Magcko, Inc. * William Hayden, staff archaeologist (3 encl.) Figure 1. Project VIcinity Map. 40",,off -AFT ,.! Y Ravl!1•US JU ON;," Q{ : ���'SOrY-la�hj a Q,DUCK, �''ON D5 1� f WILL,,,a,.,•�- iyy l I '� m s f L n t.� •! 14 1San Jqr Lin ` 4''' �^" /".. .r1!✓ . DUO I �r`.��/ i W�I a1 ��_—�,�I.•ay: ♦ If�'(y7�iR•N 1C�+.,, '1 �-✓ t/ ' �" .k(r71!{' UNIV)J;TY nP CAf.(��lNA,'L'f• I1EWi'0 ACHV m"i Pu \ •7aRa41l I t N ■r tl, l jL L Y�4 +}'�� f , V /\� I 7 I:laY '•� t ...N i � In F y! •,ok I,, �.'e�ti I r.l PNescrvair :ee� Ili ,� �,�y�° �( ...— .Q •� � - .• - } • r by .I C�f��41:'�02 C . - at t; ��,, � II �•. �, �'. .•Cr`�e3c r\ j� I11,�, aPILI.�WAY EL yu"�I11,�lY�.6 ,r�•�. jell From I965 USOS 7.5' Tuatin Quadrengle•(plwtorevised 1985) Figure 2. Project Location Map. MM. AAA^�ly,'7y,iZ/' r i Y 1��I 491 . j 2,r _ L •I r i - Via: I J. from grading plans provided by PBH Figure 3. Location of CA-ORA-102 within Project Area. 09/11/1997 11:03 7144328736 LDB, INC. PAGE 02 LIGHTING DESIGNERS • ELECTRICAL ENGINEERS September 11, 1997 City of Newport Beach Planning Commission Public Works Department 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658-8915 Re: One Ford Road - Newport Beach, CA. Tentative Tract 15333 To whom it may concern: This letter is to confirm that in the above referenced project, the street lighting system is designed and will be installed so that all direct rays are confined to the site. The type 3 lighting distribution in the globe has a prismatic refractor which minimizes light spillage and eliminates glare by the prism directing the light down through the lamp which is located in the center of the fixture. The adjacent project property will be protected from direct rays and glare. The level of lighting in the street shall comply with the requirements of the American National Standard Practice for Roadway Lighting,, ANSI/IES RP-8 of 1983 and reaffirmed in 1993. Thank you for your time and consideration in this matter. Sincerely, LDB INCORPORATED ki 6406 ti� William Long Tran, P.E. Principal WT/Wp 314;1 AIRW.^.': ANC., CVITC 1`100 • COCTA, OACCA, CA 03436 • TRU (71 A) 0133 1727 • SAXi (71 A) 432 7776 JUL 14 197 11:03 FIR PACIFIC BAY HOMES 714 833 7970 TO 6443250 R7/11/1997 08t 01 71443261:db Lun, iivu, P.03/03 Specifications UL Listed for wet locations. Housing shall beconsttuctedofahaavyeastaluminumfr sto support the electrical components and provide a rigid m Ming surface for the past aluminum arm. numwitha "UrOwIffia rolled edge for structural supportntstfuCted ad fand'fopua fiu' had re esl appearance. Lens Frame shall be a one-piece aluminum asting which Is hinged and retains the clear temp s.Aillatchesand fasteners shall be stainlesss<est. Gaskefing elibeacne•plece extruded silicone gasket providing awes er-tight seal. Arm Mounting Assembly shall ast uminum.Armradiusfor T20 shall be for mounting to a 4' di ster straight round pole. Arm radius for T14 shall be for mou ng to a 3- or a diameter straight round pole. Optics Type II Type III 1year etorshall beformedfromhlghly refiective specular aluminum, entedrefleptorsshelibemulti-racetedcomponentemounted aluminum frame. Reflector assembly shall be rotatable and pad with quick disconnects 'cal components shall be mounted to a key -slotted v bIs16-gaugegelvanizedsteel tray withquickdisconnects as installation and replacement. sts Hit)) shall be high reactance with power factors belter 90°% P�• Ballasts shall be factory Wired and tested kets sh II be UL recognized for appropriate lamps with high sure so m sockets rated for 4 KV. sh shall b a thermoset polyester powdercoat application, ratory taste for superior weatherabllity and fade resistance ccordance Ith ASYM B-117-64 and ANSIIASTM G53-77 ifications. :'f14o 1.1 T = 1.8 ee•year limited arranty. Type IV Forward Throw Type V Latmping Guide J Type 7OW 100W 15oW 175W 28OW HPS T1a T14lr20 T20 — T20 MH T14 T14/r2D — 720 T20 MV T14(r20 T20 T20 , ,. nr^ .Tl u 11 197 09:04 7144328736 PAGE.04 ** TOTAL PAGE.03 ** JUL 14 '97 11:03 FIR PACIFIC BAY HOMES 414 833 7970 TO 6443250 P.02/03 N0.7/11/19y/ 08:bl 1144:3!d8mb LVe. 1NL:. r-NeG Y" HADCO marries Form and'Function in an elegant design, Decorative cast aluminum scrolls enclose a highly efficient Y prismatic U.V. stabilized polycarbonate refractor globe with 1400 ' Type V optics. Or choose Type III cut-off optics in a clear 8�0 polycarbonate enclosure. In both cases, superior optics define 014 V the spacing and energy -saving advantages of this series. Specifications CONSTRUCTION: Decorative cast aluminum scrolls support a spun aluminum roof which is hinged for easy relamping. The ballast enclosure includes a removable access door. The sllde,out ballast assembly is mounted on a removable tray with quick connects. All fasteners are non-ferrous. The fixture finish is a thermoset polyester powdercoat. ELECTRICAL: All selected componets shall be UL recognized and be an integral part of the fixture. The fixture will carry a UL label and will be suitable for wet locations. Socket will be a mogul or medium base (see ordering guide), nickel -plated screw shell with center contact. BALLASTS: All ballasts are regulating with power' factors better than 90% (HPF), Ballasts shall provide t/- 5% lamp power regulation with +/-10% input voltage regulation. Ballasts are factory prewired and tested. EPA: V48DO = 2.1 DIMENSIONS., Y4a00 m 341/4" high x 18" wide. WARRANTY: Fixture shall carry a three-year limited warranty, Features Optics 'type III out -off; Precision formed, segmented highly polished Alzak ® Internal cut-off reflector with horizontal lamp mounting. Meets IES Type III criteria. Type V Cut -Off: Precision formed, segmented highly polished Alzak 0Internal cut-off reflector with horizontal lamp mounting. Meets IES Type V criteria. Larnping Guide TYPE 70W 10OW 15OW 175W MV o 0 MH o 0 0 HPS o 0 0 V4800 Type III or V Cut -Off CW ALU91PUM FINIAL SPUN A"" WIN= lop SPECUUN ALUMINVN OE MrL=ROFr aVi (UUIp ai�11OMHERS) vo=� ROQ Mr)E 4 QDC 0 rCDRSOAWTUE AnVi fAS /•LLMINUM CAST ALUNINUTA WATERPROOF DALREMWVABL2 ACtt= DOOR TCs1P gZ7 DA{rA{r DRL &O AND EP d I.D. SIP FTTIEP STAINLESS STIML PiVENEA 25OW d 0 0 md% c ►I TI 11 44 Inn Mn. mn 9R 1115UN _ _� ��--• m (�) 8'X U CAm�NG� N "' 51D/F , CONCEPTUAL SITE PLAN PACIFIC BAY HOMES N aE.y,p�R� CITY OF NEWPORT BEACH Hearing Date: August 8, 1996 COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 2 lye. PLANNING DEPARTMENT Staff Person: Javier S. Garcia 55oo NEWPORT BOULEVARD 644-3206 NEWPORT BEACH, CA 92656 (714) 644-3200; FAX (74) 644-5250 SUPPLEMENT REPORT TO THE PLANNING COMMISSION SUBJECT: Pacific Bay Homes 2300 Jamboree Road SUMMARY: Subdivisionof a parcel of land into 404 numbered lots, 50 lettered lots and a parcel of land for roadway dedication in conjunction with a residential development. APPLICATION: Tentative Map of Tract No. 15332 Modifications to Conditions of Approval The applicant has met with Public Works and Planning Department staff and have mutually agreed to the following modifications to the conditions of approval of the tentative map. Add clarifying language to ConditionNo. 6 as follows: 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 basic roadway width shall be a mininium e 36 feet with parking on both sides and 32 feet minimum with parking on one side. That the collector ring road shall have a minimum width of 40' curb to curb. That the cul-de-sacs shall be designed to conform to minimum City standards as shown in City Std. 103-L with planters or other designs as approved by the Public Works Department and Fire Department. That all bends in roadway shall be designed using the City standard knuckle Standard No. 104-L or other designs as approved by the Public Works Department to provide an adequate turning radius for moving vans and fire trucks. That all street curb returns shall have a minimum radius of 25'. That the location of all underground utilities in the private streets shall conform to City Std. 101-L (or as approved on the master plan). That a minimum centerline radius for private streets shall be 150'. 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. Add language to Condition No. 13 as follows: 13 That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width and material to be approved by the Public Works Department. Add clarifying language to ConditionNo. 17 as follows: 4 17. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. The developer mil} may be required to upgrade the City's Belcourt sewer pomp station to handle the additional sewage generated from the proposed development or will max be required to construct a new trunk line to connect to the Irvine Ranch Water District facilities, if determined necessary by future engineering studies and reports as required by the Utilities Division. Delete Condition No. 18, not applicable. Delete Condition No.19, addressed by Development Agreement No. 8 and its amendment. 19. Add clarifying language to ConditionNo. 23 as follows: 23. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the Jamboree Road, Bison Avenue or Ford Road rights -of -way unless otherwise approved by the Public Works Department Street closures for deliveries shall be approved by the City Traffic Engineer and subject to the approval and issuance of an encroachment permit by the Public Works Department. Add clarifying language to ConditionNo. 34 as follows: 34. A master drainage plan shall be prepared prior to subsequent discretionary actions (final maps or resubdivisions) for each project phase at the contributory drainage area level. Delete Condition No. 52, as duplication of Condition No. 20. building the 52 iie+-'Te'the r + rr Tentative Map of Tract No.15332 Paget Add clarifying language to Condition No. 61 as follows: 61 That a siltation, dust and debris control plan shall be submitted and subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region, as required by the Building Department Official This shall be a complete plan for temporary and permanent facilities -to minimize any potential impacts from silt, debris and other water pollutants. Staff has no objections to the proposed changes and recommends that the revised Exhibit "A' as attached be substituted for the exhibit attached to the staff report of August 8, 1996. Submitted by: PATRICIAL. TEMPLE Planning Director I? Prepared by: JAVIER S. GARCIA, AICP Senior Planner F:\WP51\PLANNING\iPUBNO'RPN960808\TTM I5332.SUP Tentative Map of Tract No. 15332 Page 3 EXHIBIT "A" (REVISED) FINDINGS AND CONDITIONS OF APPROVAL FOR TENTATIVE MAP OF TRACT NO.15332 FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision, and that for the reasons set forth in detail in the staff report to the Planning Commission dated August 8, 1996, none of the findings which would require the denial of Tentative Map of Tract No. 15332 can be made in this case. 2. That the proposed subdivision presents no problems from a planning standpoint, since it is consistent with the approved Development Agreement No. 8 and the requirements of the Aeronutronic Ford Planned Community District Regulations. 3. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the SubdivisionMap Act. 5. That Final EIR No. 153 (SCH #94011022), previously certified on July 10, 1995, was considered prior to approval of the project, was determined adequate for this project, and satisfies all requirements of CEQA. The Final EIR reflects the independent judgment of the City Council. 6. That the mitigation monitoring requirements of Public Resources Code Section 21081.6 will be met through required compliance with applicable codes, standards, mitigation measures, and conditions of approval adopted in connectionwith the projectand as stated in the Mitigation Monitoring and Reporting Program for the project as contained in Final EIR No.153. 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. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the Surveyor/engineer preparing the map shall submit to the County Surveyor a digital - graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the final map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Tentative Map of Tract No.15332 Page 4 Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the City Subdivision Engineer. Monuments shall be protected in ,place if installed prior to completion of construction project. 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 and the Building Department. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. A Traffic Engineering Study is required for any proposed modifications to the left turn pockets on Bison Avenue and Ford Road that serve the development. Final lane geometrics shall be reviewed and approved by the City 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 basic roadway width shall be 36 feet with parking on both sides and 32 feet minimum with parking on one side. That the collector ring road shall have a minimum width of 40' curb to curb. That the cul-de-sacs shall be designed to conform to minimum City standards as shown in City Std. 103-L with planters or other designs as approved by the Public Works Department and Fire Department. That all bends in roadway shall be designed using the City standard knuckle Standard No. 104-L or other designs as approved by the Public Works Department to provide an adequate turning radius for moving vans and fire trucks. That all street curb returns shall have a minimum radius of 25'. That the location of all underground utilities in the private streets shall conform to City Std. 101-L (or as approved on the master plan).. That a minimum centerline radius for private streets shall be 150'. 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. 7. That prior to issuance of any improvement plans (unless otherwise approved by the Public Works Department) and/or prior to issuance of any building permits, the applicant shall demonstrate to the Planning Department that the street lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City, with a letter from the engineer stating that, in his opinion, this requirement has been met. Tentative Map of Tract No. 15332 Page 5 8. Cut -de -sacs with a design length greater than 500 feet must have the written approval of the City Fire Department prior to recordation of the final tract map. 9. 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. 10. 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. 11. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The gated entry shall have a minimum of two lanes in (one for visitors and one for owners). The guard gate shall be positioned so that a minimum of 80' is provided for automobile stacking. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 12. 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. 13. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width and material to be approved by the Public Works Department. 14. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. 15. That the following improvements be completed: On Jamboree Road: That the left turn lane and traffic signal be removed at the Ford -Loral entrance. This will require the construction of a median island and landscaping, removal of the north bound deceleration lane into Ford -Loral which will require the construction of new curb, gutter and sidewalk improvements along a portion of the Jamboree Road frontage and possible installation of additional street lighting where the traffic signal was removed as approved by the Public Works Department. On Ford Road: That the unused drive aprons be removed and replaced with curb, gutter and sidewalk, and that the unused left turn lane be removed and replaced with a median island and landscaping as approved by the Public Works Department. Tentative Map of TtactNo.15332 Page 6 • That deteriorated or displaced sections of sidewalk be reconstructed along the Jamboree Road and Ford Road frontages. • That the drainage from the slopes adjacent to Jamboree Road and Ford Road be picked up in concrete drainage swales provided behind the sidewalks and conveyed to the storm drain unless otherwise approved by the Public Works Department. The design shall be approved by the Public Works Department. • That all work be completed under an encroachment permit issued by the Public Works Department. 16. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 17. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. The developer may be required to upgrade the City's Belcourt sewer pump station to handle the additional sewage generated from the proposed development or may be required to construct a new trunk line to connect to the Irvine Ranch Water District facilities, if determined necessary by future engineering studies and reports as required by the Utilities Division. 18. DELETED. 19. DELETED. 20. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 21. That County Sanitation District fees be paid prior to issuance of any building permits if applicable. 22. That the Public Works Department plan check and inspection fee be paid. 23. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the Jamboree Road, Bison Avenue or Ford Road rights -of -way, unless otherwise approved by the Public Works Department. Tentative Map of Tract No. 15332 Page 7 Street closures for deliveries shall be approved by the City Traffic Engineer and subject to the approval and issuance of an encroachment permit by the Public Works Department. 24. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 25. That a non-standard improvement agreement be executed with the developer/community association if textured pavement is used in the private streets or easements. This agreement will require the developer/association to replace the improvements at no cost to the City should they have to be removed to maintain the public utilities. 26. That demolition, site preparation and other construction activity shall be limited to the hours of 7:00 a.m. to 6:30 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. Saturdays, in accordance with Newport Beach Municipal Code Section 10.28.040 and any other appropriate sections of the Municipal Code. 27. That at the time of building or grading permit issuance, the applicant shall demonstrate that adequate noise control measures, at all construction sites, are provided through the provision of mufflers and the physical separation of machinery maintenance areas from adjacent residential uses (in accordance with Noise Element Policy 4.3.5). 28. All residential lots and dwellings shall be sound attenuated against present and projected noise which shall be the sum of all noise impacting the project so as not to exceed an exterior standard of 65 dBA CNEL in outdoor living areas and an interior standard of 45 dBA CNEL in all habitable rooms (windows closed) or 55 dBA CNEL with windows open. Evidence prepared by a County -certified acoustical consultant, that these standards will be satisfied in a manner consistent with applicable regulations, shall be submitted as follows: a. Prior to the recordation of a final tract/parcel map or prior to the issuance of grading permits, an acoustical analysis report shall be submitted to the Building and Planning Director for approval. The report shall describe in detail the exterior noise environment and mitigation measures. Acoustical design features to achieve interior noise standards shall be included in the report which also satisfy "b" below. b. Prior to the issuance of any building permits for residential construction, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Building and Planning Director, for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report have been incorporated into the design of the project, Tentative Map of Tract No.15332 Page 8 C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the project's plot plan illustrating height, location and construction in a manner meeting the approval of the Building and Planning Director. 29. That no stationary construction equipment shall be permitted to operate in a manner that results in either: a. An exterior noise level greater than 55 dBA Leq (daytime) or 50 dBA (nighttime) at the property line of any occupied residence; or b. An interior noise level greater than 45 dBA Leq in any occupied residence. 30. Prior to the issuance of any demolition, grading or building permits the project applicant shall demonstrate that all construction staging shall be performed on -site as far as feasible from occupied dwellings. 31. Prior to issuance of any building permit for remediation equipment, the applicant shall submit to the Building Department a report prepared by a licensed acoustical engineer certifying that operation of the equipment will not cause an increase in ambient noise of greater than 1 dBA nor exceed an exterior noise level of 55 dBA Leq (daytime) or 50 dBA Leq (night time) measured at the project property line, or an interior level of 45 dBA Leq, or as set forth in the City's Noise Ordinance (Community Noise Control Ordinance). 32. All grading shall conform to the requirements of Sec. 15.04.140 of the Municipal Code (Excavation and Grading Code) and shall require approval of grading plans and permits unless otherwise approved by the Building Department. Grading plans shall include, but may not be limited to, the following: a. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains; b. Detailed plans for temporary (during construction) and/or permanent sediment, erosion and pollution control facilities. The Building Official may require the inclusion of pollutant traps on the plans and specifications to intercept pollutants draining from the project; C. Any additional plans, drawings, calculations, environmental impact information, or other reports required by the Building Official. If the grading project includes the movement of earth material to or from the site, the Building Official may require a description of the haul route to be submitted for approval. Tentative Map of Tract No. 15332 Page 9 d. If required by the Building Official, a Soil Engineering Report including data regarding the nature, distribution, strength consolidation characteristics of existing soils, conclusions and recommendations for grading procedures, and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading. These listings shall not be interpreted to prevent the Building Official from requiring other information required to produce a safe and stable condition. e. If required by the Building Official, an Engineering Geology Report including an adequate description of the geology of the site, including necessary maps and illustrations showing geographic distribution of the features described related to the proposed development, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the Building Official shall be incorporated into the grading plans and specifications. 33. All structures shall be designed and constructed in accordance with the seismic design requirements of the Uniform Building Code and/or the Structural Engineers Association of California. 34. A master drainage plan shall be prepared prior to subsequent discretionary actions (final maps or resubdivisions) for each project phase at the contributory drainage area level. 35. The velocity of concentrated runoff from all lots shall be evaluated and controlled, as necessary, as part of project design to minimize impacts of adjacent lots and off -site areas. 36. The project design engineer shall review and state that the discharge of surface runoff from the project area will be performed in a manner to assure that increased peak flows from the project will not significantly increase erosion downstream. This certification shall be reviewed and approved by the Planning and Building Department. 37. Existing on -site drainage facilities shall be improved or updated as necessary to the satisfaction of the City of Newport Beach Public Works Department. 38. All parking and other on -site paved surfaces shall be routinely vacuum -swept and cleaned to reduce debris carried into the drainage system. This measure shall be included in project Covenants, Conditions, and Restrictions. 39, Project design at all levels shall incorporate both appropriate structural and non-structural water Quality Best Management Practices (BMPs) consistent with the Countrywide Drainage Area Management Plan, dated October 1993. Compliance shall be determined Tentative Map of Tract No.15332 Page10 by the Newport Beach Public Works Department prior to any subsequent discretionary actions. 40. A copy of the SWPPP construction activities shall be maintained on -site for convenient reference by construction personnel. 41. Prior to issuance of a grading permit the applicant shall submit evidence acceptable to the Building Department that the additional investigations and/or remedial activities at APECs identified in Tables 2 through 8 contained in Appendix I (referred to in section 3.10-Public Health and Safety) of EIR 153, have been performed and all shallow soil contamination within the planning area for that project phase has been remediated to acceptable levels as defined by the Health Risk Assessment(s) and approved by the OCHCA. 42. Prior to the issuance of general grading permits, the project proponent shall submit a Post Demolition Investigation Work Plan to the City. The plan shall be based on the potential presence of contaminated soils, and include procedures to be followed to identify contaminated soils, and include procedures to be followed to identify contaminated soil during the subject facility demolition process. This plan shall include a stipulation that areas of contaminated soil will not be left uncovered during the rainy season. 43. Prior to approval of any Final Subdivision Map that would create a legal building site for residential development, the project proponent shall provide the Newport Beach Planning Department a Groundwater Remedial Action Plan approved by the regional Water Quality Control Board. 44. Prior to the issuance of any building permit for any community recreation facility or common area that includes exterior lighting the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that in his or her opinion, this requirement has been satisfied. 45. Prior to issuance of any building permit for a remediation system, the applicant shall demonstrate to the Planning Department that the screening for the structure substantially conforms to the illustrations provided in Figure 21 of the EIR. For purposes of this requirement, "interim facilities" shall mean those intended for an operation period of less than one year, and "long-term facilities" shall mean those intended for an operation period of one year or more. 46. All buildings in excess of 5,000 square feet shall be equipped with automatic fire sprinkler protection. 47. Fire vehicle access to all planned structures and sites shall be approved by the Fire Department. Tentative Map of Tract No. 15332 Page 11 48. On -site water mains and fire hydrant locations shall be approved by the Fire and Public Works Departments. 49. Fire flow from fire hydrants shall be provided in accordance with the requirements of the Fire Department. 50. Prior to issuance of any Building Permit, the project proponent shall pay all applicable Fire Department plan check and permit review fees. 51. Final design of any structures within the project area shall provide for the incorporation of water -saving devices for lavatories and other water using facilities. 52. DELETED. 53. Prior to approval of tract maps or site plans, the project proponent shall make appropriate provisions to permit access by the Police and Fire Departments at all entry gates. 54. Prior to approval of any residential building permits, the project proponent shall consult with the Police Department regarding appropriate crime prevention features in site and building design and construction. 55. That any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level in accordance with of 55 dBA at the property line. 56. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said installations shall be sound attenuated to acceptable levels in rdceptor areas. The latter shall be based upon the recommendations of a qualified acousticalengineer, and be approved by the Planning Department. 57. That any cul-de-sac, building address, and street name shall comply with City Standards and shall be approved by the Fire Department and the Planning Department prior to recordation of any Final Map. 58. A qualified archaeologistor paleontologistshall evaluate the site prior to commencementof construction activities, and that all work on the site be done in accordance with the City's Council Policies K-5 and K-6. 59. That all applicable mitigation measures imposed by Environmental Impact Report No. 153 and conditions of approval of Development Agreement No. 8 and its amendments shall be fulfilled. 60. That all lettered lots shall be privately owned, landscaped and maintained, unless otherwise approved by the Public Works Department. Tcuative Map of Tmct No.15332 Page 12 61. That a siltation, dust and debris control plan shall be submitted and subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region, as required by the Building Department Official. This shall be a complete plan for temporary and permanent facilities to minimize any potential impacts from silt, debris and other water pollutants. 62. That the siltation, dust and debris control plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 63. That this tentative tract map shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. BLVD. O V) o I m I FOR TENTATIVE:.TRACT.,:1NO,. 15332 NEWPORT BEACH. CALIFORNIA - AVENUE ---- BISON ------------------------------------------- ` OWNER: PACIFIC BAY HOMES 18400 VON KARMAN, SUITE, 900 IRVINE, CA 92715 (714) 440-7200 0 O ENGINEER. ADAMS STREETER CIVIL ENGINEERS, INC. i 15 CORPORATE PARK coIRVINE, CA. 92714 SA �'RIDGE U (714) 474-2330 U Q „ w ' 110 ® h N 1 I J L� 1 -�J L i - ® r- eELC OURT 348 1 N !I r- r t`•/ �3 I I 1 o h r +J I J 1 ® I 1qt I ® w NOT TO SCALE 1 IB ® 11 31 3fa r I I 1 ®;® 1 1 � a y zr J i r m n m I ,® , zz = - - IJOHN WAYNE AIRPORT rye SAN UNIVESITY OR. JOAOl1IN FRESHWATER �O UPPER MARSH P NEWPORT BAYECOLOGICAL DI CAMPUS PAP PRESERVE 5P UNIVERSITY O OF CALIFORNIA BiS tiF�O IRVINE Off' PJ� 0 N A PROJECT CULVER °qsr VICINITY MAP NOT TO SCALE FORD — NEi' 0RT BEACH PRODUCT AREAS �RODUCr 2 PROD= I / N f J ' ® i ® / •� 3sf W I � w w � �I I ® 1 a T � r •, � \ \ - - fasw w 'H 22 1 3, a ®® - - — 1 , Er +I I I A N ® I \ _S RECREATION \ 1 s1 s J A w r� ® ]9 80 I , ® I1,i3 11'ti r —ST zt z3s 20 1 1 I 61 I r I F Tat® tat * T - _� I — - yw �-- 18'1It I�' 211 1 120 119 ; ® a 24 I 1 I 4 1 12t W b 10 I f 18 19't III 24 _ ,� I 1 , �- idt _ �'!'� \"- III 1 ® II 3 3 1' I 1 ®- rl m 1if I �B� es 1tt 17s3 { ® 1 \ z I at ® ® ® 1 26'1 W _- .— I. mz eat STt I T 148 3 N r�' 3 J 4 I i I I 54 ZYt II F I ® t I 3B0 .+ 109 1 IIO .ib't is I• 5B 1 34 ` 26'1 1 2s3 IP] 116 12 ® ]0 1 401. \ ®® 1 - v /� \ �� •�t 97 Of 1 I _ /►11 l RECREATION ® / . AREA \ H] M I as I 1s7 ® r I w t ® 19t I r I / 7Pt l1qt ,95 14 I CUSTOM HOME 164 s I ® SI�ES 3l't I I l 1J r ?St ,8 a 25't / 1 23 L Y 1 - 29• / 1 2' 6�f Iw /80 I / Jl 2Y3 CUSTOM HOME �� ® 14 81TE$ i r es 2�, i r . 22 15t 5f 461 � r BEL COURT HILL rT ® 184 I I w BISON AVENUE NOT TO SCALE WILY S•LY f R -_FORD ROAD NOT TO SCALE 1w EMY RAY — rrtaccT MLY I PRQA= C STREET r'ENTRY" ST) (PRIVATE NOT TO SCALE . a 2040' 20' 7' 5' 20 20' 8' Sw Sw 2.os A STREET ("ENTRY" STD(PRIVATE) ►Z FORD M B STREET (" LOOP" ST NOT TO SCALE e 54' e 27' 27' 4' SIDEWALK 5' 18' 18, 5' 4' SIDEWALK 1.73 1.7x DoF,H,J,K,L,M,No0,R,S & T STREETS (PRIVATE) NOT ,TO SCALE E,G & I _ STREETS (PRIVATE NOT TO SCALE. C 41.5' 25' 4'1 I— 5' 16' 16' 0.5' I T I.7% IU,V rr7(, W STREETS (PRIVA' NOT TO SCALE r, ALLEY (PRIVATE) Nor TO SCALE PROPER PROPERTY UNE _ ld TIP. 5L9N. _ I PRIVACY - -- _ FENCE (TYP.) 4 - ENTRY - - SIDEWALK - _ - t0' TIP. _== -- LOT 246 LOT 245 LOT 244 .- AREA OF ..AREA OF - AREA 0F - -_ - ,- LOT 245 FOR =� LOT 245 FOR LOT 244 FOP = - WE BY - USE BY = USE BY LOT LOT 244 _= LOT 243 - ;- i -- ROPERIY LINE ' TYPICAL LOT WDTH ALLEY N I r-9 i r-�l T r-1 TYPICAL LOT — PRODUCT 1 NOT TO SCALE LEGAL DESCRIPTION: PARCEL 4 OF PARCEL MAP NO. 79-717 AS SHOWN ON A MAP RECORDED IN BOOK 140, PAGES 1 THROUGH 6 OF PARCEL MAPS, CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA NOTES: 1. PRESENT USE: VACANT LAND 2. PROPOSED USE: SINGLE-FAMILY DETACHED RESIDENTIAL 3. 'EXISTING ZONING: PLANNED COMMUNITY 4. PROPOSED ZONING: PLANNED COMMUNITY 5. ALL INTERIOR STREETS SHOWN HEREON ARE PRIVATE AND ARE TO BE MAINTAINED BY THE HOMEOWNER'S ASSOCIATION 6. THIS PROJECT WILL HAVE GATED ENTRIES. Z BUILDING TYPES AND MIXES SHOWN ARE TENTATIVE AND ARE SUBJECT TO CHANGE FOR FINAL SITE PLAN. 8. ALL BUILDING SETBACK DIMENSIONS AND LOT AREAS ARE APPROXIMATE. LEGEND: TRACT BOUNDARY ---- LOTLINE 230 PROPOSED GRADED CONTOUR LOT NUMBER (BUILDABLE LOT) 143 2 3 BUILDING TYPE PRODUCT AREA TYPICAL LOT — PRODUCTS 2 THROUGH 6 NOT TO SCALE LOTTING SUMMARY Type ACREAGE AVE. LOT SIZE PRODUCT TYPE LOT I's TOTAL LOTS (f ACRES) t FT 2 PRODUCT 1 223-327 105 9.9 4,107 PRODUCT 2 143-166 82 11.8 6,268 190-222 328-352 PRODUCT 3 1-35 100 17.3 7,418 78-142 PRODUCT 4 353-404 52 9.1 7,539 PRODUCT 5 36-77 47 i0.7- 9,824 167-171 PRODUCT 6 172-189 18 5.2 12,342 PRIVATE STREETS A-JJ 36 2E0 LANDSCAPE LOTS, RECREATION LOTS KK-XX 14 8.0 JAMBOREE ROAD VACATION 0.1 TOTALS. 404 NUMBERS 50 LETTERED 8.1.& ACRE ' PARKING TABULATION. 404 SINGLE FAM/L Y DWELL/NO UNITS Provided Required (ryp-) Garage 986 spaces (2.43/unil/ 8/0 spaces (2.00/unit/ Guest Parking -Driveway 280 spaces Guest Pork/ng-On Street 627 Spaces Guesl Parking-Tolat 907 spaces 8/0 spaces (2.00/un/t/ Total 115193 spaces (4.69/unit/ 1620 spaces (4.00/unit/ 4 TOTAL SPACES SUB✓£CT TO CHANGE 9ASED ON FINAL UNIT PLOTTING AND FINAL /MPROIi£MENT PLANS. A WGERAGHTY y AV& MILLER, INC. �WEnvironmental Services November 11, 1996 CA0186.031.009 Mr. Augustine Anijielo California Regional Water Quality Control Board Santa Ana Region 3737 Main Street, Suite 500 Riverside, CA 92501-3339 Subject Destruction Of Monitoring Wells P-1, P-5, and W2A1 Former Ford Aeronutronic Facility Newport Beach, California Dear Mr. Anijielo: A Heidemij company As discussed during the last meeting (October 16, 1996) between the California Regional Water Control Board - Santa Ana Region, Ford Motor Land Development Corporation (Ford), and Geraghty & Miller, Inc. (Geraghty & Miller), monitoring wells P-1, P-5, and W2A1 will be destroyed to allow for grading activities at the site. These monitoring wells will be destroyed according to the approved Well Destruction Program Work Plan dated April 17, 1995. Once site grading is complete, and access is available, replacement monitoring wells will be reinstalled. If you have any questions, please contact either of the undersigned at (818) 332-8010. Sincerely, GERAGHTY & MILLER, INC. Femi O. Ayeni Task M Pager X Gary Boettcher Project Manager 0:/APROJECT/FORD/NE WPORT/CA0186.031/AGENCI 100 N. Banana Avenue, Suite 500-West Cc e DISTRIBUTION LIST Thomas Culek, Ford Motor Land Development Corporation, Dearborn, Michigan Eric Pearson, Ford Motor Land Development Corporation, Dearborn, Michigan Brian Bussa, Ford Environmental Quality Office, Dearborn, Michigan Dan Rogers, Ford Motor Land Development Corporation, Anaheim, California John Douglas, City of Newport Beach, Newport Beach, California Lyne Hethrington, Environmental Services Consortium, Inc., Long Beach, California Pat Hayes, Pacific Bay Homes, Irvine, California Evan Nyer, Geraghty & Muller, Tampa, Florida GERAGHTY & MILLER, INC. 0 May 12, 1995 TO: Faysal Jurdi, BuildingDept. FROM: Genia Garcia, Planning Dept. SUBJECT: Loral/Ford Aero Demolition Permits Per our meeting with the.consultant, Lyne Hethrington, Mr. H. P. Singh from Geraghty & Miller (Ford's Consultant), Jack Douglas from Koll Construction, John Douglas and yourself, I would like to clarify our respective positions regarding the demolition of the buildings that are located on this site. The city's consultant, Lyne Hetherington, is to review and the approve the demolition manual and submit a letter of approval to the Planning and Building Department prior to issuance of any demolition permit. 2. The consultant is to inspect the clean up operation of hazardous materials and certify in writing for each building prior to the issuance of demolition permits. A separate permit will be issued for each building to be demolished with a total of 14 permits for buildings, 1 grading permit at the beginning for specific site grading and erosion control, and a final permits for subsurface structures. 4. A letter will be provided by Lyne Hethrington stating who the authorized signatures will be, in the event that Lyne is unavailable to provide a letter for any of the buildings to be -demolished. The letter will also be signed by the consultant, H.P. Singh, the consultant_£or Ford . A copy of each letter will be placed on file in the Planning-D partment with copies to John Douglas and Faysal Jurdi. 5. Demolition Permits for Building #'s 7, 8,11, 1 , and 15 may be issued prior to the Certification Ve ,ch is expected to occur in July. Post Certification, Building #'s 1,2,3,4,5,6,9,1b, and 14 may be issued permits for demolition provided that all other requirements of the Building and Planning Departments have been met. i�l!i- 0CV*:rI A CQ 71 1 o 1 ,t s Please instruct the permit technicians to please see me before issuing any permits for this site. Thank you for your assistance on this. cc: John Douglas ' ADAMS • STREETER CIVIL ENGINEERS INC. Jf! 1 i CUL/iJT COMPUTATION SHEET .. r c� /f182 JOB NO. CALL. BY ' CHECK. BY DATE SHEET OF I 3� 5-4 i /1-43 �9-,q -,- 6,73 = 9�3 a�,wPpRr CITY OF NEWPORT BEACH p� 6 PLANNING/BUILDING DEPARTMENT u _^ Mw NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (74) 644•S2oo; FAX (74) 644-5250 Meeting Date: Agenda Item No.: Staff Person: Council Review: REPORT TO THE PLANNING COMMISSION PROJECT: PacificBay'Iiomes 2300 Jamboree Road June 3 Patricia L. Temple (714) 644-3228 automatic PURPOSE OF APPLICATION: Amendments to Development Agreement No. 8 and the Aeronutronic Ford Planned Community to revise and refine the definitions and development standards for planning area 4 (Ford Land Development). The changes will reduce the permitted number of dwellings units from 500 to 450 and provide development standards for a detached single-family development. REQUIRED Hold public hearing; APPROVALS: If desired, approve, modify or deny: • First Amendment to DevelopmentAgreement No. 8 • Amendment No.848 LEGAL DESCRIPTION: Parcel 4 as shown in Book 140, Pages 1 through 6 inclusive of Parcel Maps, records of Orange County, California. ZONE: PC (Aeronutronic Ford Planned Community) OWNER: Same as applicant Staff requests that this item be continued to the Planning Commission meeting of June 20,1996. PLANNING DEPARTMENT By0161 G - j4t - Patricia L. Temple 41 Planning Manager I� N CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA Regular Meeting - June 6, 1996 - 7:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL: Adams, Gifford, Kranzley, Pomeroy, Ridgeway, Selich, Thomson - MINUTES: May 23, 1996 - PUBLIC COMMENTS: REPORT FROM THE ACTING PLANNING DIRECTOR CONFIRMING THE POSTING OF AGENDA: HEARING ITEMS: ALL TESTIMONY GIVEN BEFORE THE PEANMNG COMMISSION IS TAPE RECORDED. SPEAKERS MUST LMT REMARKS TO THREEMIMUUES ONALL ITEMS. (Bell and red light signiftes when three minutes are up, yellow light signifies that the speaker has one minute left for summation) ITEM NO. 1. SUBJECT: Donald Redfern 435 Via Lido Soud SUMMARY: Addition and alteration to an existing non -conforming triplex The triplex is non -conforming with regard to the parking and density. REQUIRED Hold public hearing; APPROVALS: If desired, approve, modify or deny: • Use Permit No. 3582 (Continued from May 23, 1996) Planning Commission Agenda - 2 ITEM NO.2. SUBJECT: Gordon S. Barienbrock 3000 West Ocean Front SUMN[ARY.' Construction of a single family dwelling and attached garage which exceeds the allowable floor area Also included is a modification to the Zoning Code to allow the building to encroach seven feet into the required ten foot rear yard setback REQUIItED Hold public hearing; APPROVALS: if desired, approve, modify or deny: • Variance No.1209 ITEM NO.3. SUBJECT: Pacific Bay Homes 2300 Jamboree Road SUMMARY: Amendments to Development Agreement No. 8 and the Aeronutronic Ford Planned Community to revise and refine the definitions and development standards for planning area 4 (Ford Land Development). The changes will reduce the permitted number of dwellings units from 500 to 450 and provide development standards for a detached single-family development. REQUIRED Hold public hearing•, APPROVALS: If desired, approve, modify or deny: • First Amendment to Development Agreement No. 8 • Amendment No.848 a.) City Council Follow-up - A verbal report by the Assistant City Manager rewarding City Council actions related to planning - b.) Verbal report by the Planning Manager regarding Outdoor Dining Permits, Specialty Food Permits, Modification Permits and Temporary Use Permit approvals - c.) Verbal report from Planning Commission's representative to the Economic Development Committee - d.) Verbal report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - Planning Commission Agenda - 3 d.) Verbal report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - f.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - g.) Requests for excused absences - PORT CITY OF NEWPORT BEACH Meeting Date: June 20, 1996 SEW COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 8 �= PLANNING DEPARTMENT Staff Person: Patricia L. Temple </LOP 33 o NEWPORT BOULEVARD (714) 644-3200 NEWPORT BEACH, CA 92658 Council Review: automatic (74) 644-3200; FAX (74) 644-3250 Supplemental Report REPORT TO THE PLANNING COMMISSION PROJECT: Pacific Bay Homes 2300 Jamboree Road PURPOSE OF APPLICATION: Amendments to Development Agreement No. 8 and the Aeronutronic Ford Planned Community to revise and refine the definitions and development standards for planning area 4 (Ford Land Development). The changes will reduce the permitted number of dwellings units from 500 to 450 and provide development standards for a detached single-family development. Proposed Changes and Additions to the Planned Community Text and Development Agreement: Staff and the applicant'have noted some errors and omissions in the package distributed to the Planning Commission, as follows: 1. Attachment 1 to this report is the land use map inadvertently omitted from the Planned Community Texi. 2. Attachment 2 is the Statistical Analysis for Area 4, which contained errors in the gross acreage limits for Subareas 4C and 4E. The dwelling unit limits are the same. 3. Section 1.5 of the Development Agreement (hand «Titten page 4546) should be revised to read: "CEOA Compliance. On July 10, 1995, the City Council certified Environmental Impact Report No. 153 for the Project (the "EIR"). All significant environmental concerns for the proposed project have been addressed in a previously certified Environmental Impact Report (SCH #94011022), and the City of Newport Beach intends to use that report for the project under consideration, and there are no additional reasonable alternative or mitigation measures that should be considered in conjunctionwith said project." 4. Certain private street standards listed on PC Text page 24 (hand written page 37), should be eliminated, due to recent refinements to the Tentative Tract Map. These are items D. 7. c., d., and g (which is erroneously listed as "e"). These standards were not acceptable to the Public Works Department and where eliminated from the subdivision design, and were inadvertently left in the draft PC Text. Attachment 3 shows the proposed changes. PLANNING DEPARTMENT PatriciaL. Temple Director Attachments: 1. Area 4 Land Use Map 2. Revised Statistical Analysis for Area 4 3. Revised Page 24 of the PC Text. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO.8 AMENDMENT NO. 848 June 20, 1996 Page 2 Attachment 1. AERONUTRONIC FORD/BELCOURT PLANNED COMMUNITY F yy N O O t A sr Q3 ecc us VENUE O c 7 CPPO S OO Q � m 4A N r e Q 4E 4D 4B O 4C O 0 2 R RO AD sic Planning Department Advance Division 5-30-1995 REM. 2-13-1996 2 Attachment 2. Sfatjstj6j.AjjqWsis for Planning Area, 4 Tuaximum:Gr' Gross Afaximnm .. .. ...... Acres p7q 4A 34 286 40 1-9 '87 4d- Jj 4Q 41) 26 119 4E 36 146 45006i M number of a6res iifiicted Inn"this c6funilire-prisetiiy the ritaziiirunt&af can be iiard¢d "4htl anyspecfflcSubarea. Subarea bozindariesm-e,iniencted..tolb.eflexible .ijithintlie.nitax[mumaerzF�gs for allocationofresidendal units beAveell the Subaryas'and to reflect minor adjustments OfSuborOa boundaries on subdivision maps recorded as develoomentprogresses. The "Madbuan DU" column reflects a nzaxin;um number of 450 residential units for Residential Area 4, eivh though the SUM Of the ".Ifwzfmum DU" for the indtvfdualSubareqs is much greater than 45a This alfom-sforfi�XWIYY in assigning 'units within the Subareas while nzaintai4ngan overall capon the total nunzbero(Untq. .. .. ... allowed within Planning 4.. . . .... I .. .... ... ....... ... . .. I. . 033196-1533 / F31331-002 / 44925.27 19 • Attachment 3. k"m 111110-1110--- M14Z MWOMIM;�i� Private Street, Rear Access Drive. and Flag Lot Driveway Standards Drives within residential development shall be a minimum of �16).feet in width With parking allowed on ene side. b. mMdth -svith pail g.atlowec2'on one side; and .ft ME!Na . P.MOWWP"� n W-, M- "?,M - - - - - : .... J...... ..1. Twenty Qq} f f6i Primes Acoes�_ es� ..iAi�..-1`1­Dfin ..... 6'' serving no more tlin4dweLing units. ct —F -Si5fte6fi'(16Y"feet Ur . Primary- Access. ... ... . serving no more than 2 dwelling wih&- & Priuiacp W Drives of 20 or 16 feet as provided for -the above shall be increased to a minimum width of 26 feet if seeing a common parking area. Rear Access Difik-s' -M,* Sil —M-MiMUl , .... M",*D,-f,, yilw pq) 053196-1553 1 F313314M 14492i37 24 �E�ypCR� CITY OF NEWPORT BEACH Meeting Date: June 20, 1996 Z PLANNING/BUILDING DEPARTMENT Agenda Item No.: 8 �Z 33oo NEWPORT BOULEVARD Staff Person: Patricia L. Temple NEWPORT BEACH, CA 92658 (714) 644-3200 (714) 644-3200; FAX (7L4) 644-325o Council Review: automatic REPORT TO THE PLANNING COMMISSION PROJECT: Pacific Bay Homes 2300 Jamboree Road PURPOSE OF APPLICATION: Amendments to Development Agreement No. 8 and the Aeronutronic Ford Planned Community to revise and refine the definitions and development standards for planning area 4 (Ford Land Development). The changes will reduce the permitted number of dwellings units from 500 to 450 and provide development standards for a detached single-family development. SUGGESTED Hold public hearing. ACTION: If desired, adopt Resolutions No. and recommending approvalof: • First Amendment to Development Agreement No. 8 • Amendment No.848 LEGAL DESCRIPTION: Parcel 4 as shown in Book 140, Pages 1 through 6 inclusive of Parcel Maps, records of Orange County, California. ZONE: PC (Aeronutronic Ford Planned Community) OWNER: Same as applicant Points and Authorities • Environmental Compliance (CaliforniaEnvironmentalQuality Act) All significant environmental concerns for the proposed project have been addressed in a previously certified Environmental Impact Report (SCH #94011022), and the City of Newport Beach intends to use that report for the project under consideration, and there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared EIR are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663. FIRST AMENDMENT to DEVELOPM)>;NTAGREEMENTNo. 8= AMENDMENTNo. 848 I SubiectProveMand Surrounding Land Uses The subject property is the former site of the Ford Aeronutronic and Loral Aerospace research and development facilities, which have now been demolished. To the north are the residential communities of Bayridge and Belcourt. To the west is Jamboree Road, with the community of Eastbluff beyond. To the south is the Belcourt Hill development, Ford Road and the community of Big Canyon. To the east is the Belcourt development. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO.8 AMENDMENTNO.848 June 20,1996 Page 2 • Conformance with the General Plan and Zoning District The Land Use Element of the General Plan designates the site for Single Family Attached and Detached Residential development, with an allocation of 500 dwelling units. The proposed project is consistent with the General Plan. The proposal includes amendments to the Planned Community District Regulations and DevelopmentPlan. • The procedures to amend a Development Agreement are contained in Section 15.45.060 of the Newport Beach Municipal Code. Section 20.51045 of the Code contains the procedures to amend a Planned Community DevelopmentPlan. ANALYSIS Subsequent to the approval of the General ,Plan Amendment, Planned Community (PC) Amendment, Tentative Tract Map and DevelopmentAgreement for the Ford/Loral site, Ford Motor Land Development identified the builder/developer for the project. Pacific Bay Homes (formerly JM Development) immediately commenced discussions with City staff on changes to the original project approval. While generally in keeping with the concept of the original development, the new plan of all detached, single family dwellings necessitates changes to the Development Agreement and PC Text. It is important to note that these changes address the definitions and development standards contained in the Planned Community Development Plan under which the project is to be developed. The change of land use category to residential and the Environmental Impact Report certificationand mitigation program are not under considerationas part of this action, other than the determination as to whether the changes to the zoning document would require changes to the mitigation program previously established. First Amendment to DevelopmentAgreementNo. 8 Minor changes to the development agreement adopted as part of the original approval are necessary to incorporate language recognizing the proposed changes to the Planned Community Development Plan. No changes to the substance of the agreement are proposed. The changes also recognize that Ford Motor Land has accomplished some of the requirements of the original Development Agreement. Those accomplishments are the Belcourt'Terrace Landscape Screen Agreement and the participation in the Affordable Housing Task Team, which has been meeting over the last several months, and is in the process of issuing a Request for Proposals for the project. The Office of the City Attorney considers the proposed amendments to the development agreement to be minor and technical in nature, and has no objections to the proposed changes. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO.8 AMENDMENT NO.848 June 20, 1996 Page 3 AmendmentNo. 848 for the Aeronutronic Ford Planned Community The proposed amendments to the Planned Community District Regulations and Development Plan, while comprehensive in scope, do not substantially alter the intent of the original set of regulations. The changes are needed to accommodate the revised development plan. The important changes to the development are the realignment of the internal loop road resulting in an expansion of the land area within the "circle;' and revisions to development standards to accommodate the new development concept of 100% single family dwellings. Pacific Bay Homes will be submitting a revised Tentative Tract Map reflecting these changes in the near future. The changes to the development plan fall into two categories, formatting changes and changes affecting the development standards. The changes are itemized on the chart attached to this report (Attachment 1) titled SUMMARYOF KEY PROPOSED CIMNGESTO AERONUTRONICFORD PLANNED COMMUNITY DISTRICT REGULATIONS. This chart is indexed to the redline/ strikeouttext attached to this report (Attachment2). Generally, the key changes to the text are as follows: • Format changes to incorporate all the definitions and development standards for the project area into a single section. • Addition of definitions needed as a result of the specific residential product types envisioned by the new plan. These include alley loaded development, • Clarification of the definitions of ClusterUnit Developmentand Conventional Subdivision on a Planned Community Concept. This is needed because both staff and the developer had difficulty interpreting the original definitions. • Changes to the Statistical Analysis, including reducing the permitted number of dwelling units from 500 to 450. • Changes to the specific development standards, including: • Alteration to the uses permitted in the areas adjacent to Belcourt residences, implementing the agreementsregarding lot size and configuration. • Changes to setback requirements to provide for greater architectural variation. • Simplifying the text for ease of use. • Establishment of administrative procedures for modifications to the development standards. The procedures proposed reflect approval processes contained in the zoning code. • Clarification of the circumstances when Site Plan Review is required. FIRST AMENDMENT TO r1EVELOPMENT AGREEMENT NO.8 AMENDMENTNO.848 June 20,1996 Page 4 Provisions for the establishment of limited food and beverage service in a community recreation facility serving residents and guests only, subject to the securing of a Use Permit. This is requested because the current development plan envisions a large community facility which could accommodate social functions - Staff has worked closely with the applicant in revising the development standards. Staff has no objections to the proposed changes, as they are needed to accommodated the revised development plan of 100% single family dwellings, and will be more understandable and easier to interpret as the development moves forward. Conclusion and Specific Findings Chapter 15.45 of the Newport Beach Municipal Code allows for the amendment of a development agreement upon mutual consent of the parties to the agreement. The Office of the City Attorney and the Planning Department have reviewed the proposed changes to the agreement proposed by the applicant, and have no objections to the changes. No specific findings are set forth in the Municipal Code for the amendment of Planned Community District Regulations and Development Plans. It is the opinion of staff that the proposed P-C Text Amendments are consistent with the General Plan, and reinforce the concept of the original approval. Staff has also reviewed the previous certified Environmental Impact Report and is of the opinion that the changes to the development plan are adequately addressed by that document, and that no new impacts not previously identified will result from the changes and no new mitigation measure are required. Should the Planning Commission desire to approve the project, draft resolutions recommending approval of the project to the City Council are attached. PLANNING DEPARTMENT PatriciaL. Temple Director Attachments: 1. Summary of Key Proposed Changes to the Aeronutronic Ford Planned Community District Regulations 2. Redline/strikeoutPlannedCommunity Text 3. Revised Development AgreementNo. 8 4. Letter from the Office of the City Attorney regarding amendment development agreement 5. Draft Resolution regarding the first amendment to DevelopmentAgreementNo.8 6. Draft Resolution regarding AmendmentNo. 848 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO.8 AMENDMENT NO.848 June20, 1996 Page 5 SUMMARY OF KEY PROPOSED CHANGES TO AERONUTRONIC FORD PLANNED COMMUNITY DISTRICT REGULATIONS [NOTE: THIS SUMMARY ADDRESSES ONLY KEY CHANGES. PLEASE SEE REDLINE FOR ALL SUBSTANTIVE CHANGES.] Page References are to the Draft with the Footer Reading "053196-1553IF31331-002144925.27." SUBJECT REFERENCE SUMMARY OF CHANGE FORMATTING CHANGES Introduction Page 1 Change: The Introduction has been updated to reflect the current status of the property, provide additional procedural background, and clarify the purpose of the PC Text. Reason: The Introduction had not previously been updated to reflect actual site conditions and the revised uses for the property. General Background Pages 3-4 Change. Clarifies that Planning Area 4 is now designated for residential and ancillary purposes only. Sections II and III Reason: Prior text indicated that expansion of R&D uses was still a permitted use. Development Page 5 Change: References approval of DA. Indicates that terms of DA prevail. Agreement Section III Reason: The existence of a DA and its relationship to the PC Text should be made known to a reader of the PC Text. Definitions Pages 6 & 17 Change. The definitions for the previously developed planning areas remain in Section IV. Definitions for Sections IV and IX Planning Area 4 are contained entirely in Section DC. Reason: The -definitions for PIanning Area 4 have been updated and clarified. It would not be appropriate, however, to change the definitions with respect to previously built out portions of the PC. Therefore, those definitions remain unchanged, but new definitions needed to govern Planning Area 4 are contained within Section IX. Additionally, by placing all information related to Planning Area 4 in a single section, the document becomes more "user friendly" for the public, City staff, and Ford. -(r053M-1559/F37331-002/48176.6 V j SUBJECT REFERENCE SUMMARY OF CHANGE Standards for Pages 17-27 Change. The development standards for all of Planning Area 4 are contained within a single section (Section Planning Area 4 Section IX IX). Reason: Previously, development standards for Planning Area 4 were set out in two separate sections. With only a few notable exceptions, the standards were identical for all subareas. This sometimes made it difficult to figure out where the standards were not identical. By placing all Subareas in the same section, distinctions in development standards between Subareas become readily apparent because they are seen "side -by -side." For example, under "Development Standards" (Page 19, Section D) it is now easier to see the "Minimum Lot Size" distinctions between the Subareas. CHANGES AFFECTING DEVELOPMENT STANDARDS Definitions Access Drive Page 17 Change: Definitions for "Access Drive," "Primary Access Drive," and "Rear Access Drive" have been added. IX, A, 1 Reason: Product types anticipated utilize, in some cases, drives and alleyways for access to residential lots. Cluster Unit Page 17 Change: This definition has been modified to clarify its meaning. Development IX, A, 2 Reason: As revised, it clarifies that in a Cluster Unit Development, individual lots have less square footage than the required minimum, but the total number of units for the Planning Area remains within the allowable range. With the change to the definition of Conventional Subdivision on a Planned Community Concept, this clarifies the distinction between the two categories. Conventional Page 17 Change: The components of a Planned Community Concept are clarified. Subdivision on a IX, A, 3 Planned Community Reason: The prior definition was confusing and unclear. This clarifies that a PC consists of some lots which Concept are smaller than the minimum, but with an average lot size which meets the minimum. Again, the clarification helps to distinguish the PC from a cluster. Statistical Analysis Lot Size Page 18 Change: A definition for "Lot Size" is added. To accommodate the Rear Access Drive product, this IX, A, 5 definition establishes that, for calculation purposes, the lot extends to the centerline of the Access Drive, including where the Access Drive is held in common ownership for maintenance and liability reasons. Reason: Although there was previous reference to minimum lot sizes, "lot size" was not defined. Due to the product types under consideration for this site, clarification of "lot size" is needed. 053796.1559 / nI331.002 / 48176.E 2 SUBJECT REFERENCE SUMMARY OF CHANGE Maximum Gross Page 18 Change: A "maximum," rather than a precise and inflexible number of acres, has been identified for each Acres IX, A, 6 Subarea. Reason: Until maps are finalized, the acres included within each Subarea are not precisely known. To retain some flexibility, a maximum number of acres for each Subarea has been identified. Obviously, the total cannot exceed 100.5 acres which is the actual site acreage. Net Acres Page 18 Change: These categories have been deleted. Buildable Acres Site Coverage IX, B Reason: In the existing PC Text, precise statistics are provided which would require a PC Text amendment if any future map or other approvals do not precisely comply with those statistics. These figures will become known as development proceeds, particularly after tentative map approval. Statistical Analysis Page 19 Change: The Statistical Analysis for Planning Area 4 has been moved to Section IX. Statistics are provided IX, B only for proposed categories. Reason for Change: Previously, the Statistical Analysis for the entire Planned Community, including both Ford's Planning Area 4 and the existing built out areas such as Belcourt, was contained at the front of the PC Text. The statistics for built out areas appear to reflect actual - as opposed to entitled - statistics. Those statistics are not relevant to this Project and have been deleted from the format. Additionally, by placing all information related to Planning Area 4 in a single section, the document becomes more "user friendly" for the public, City staff, and Ford. Maximum DU Page 19 Change: The maximum number of dwelling units for the project has been reduced to 450. IX, B Reason: The product types now under consideration allow for a reduction in the ultimate number of homes to be built on the site. Rather than maintain the prior maximum, the potential number of units has been reduced to emphasize that the proposed PC Text amendments are designed to reduce potential density and enhance compatibility with existing neighborhoods. Specific Development Standards Uses Permitted Page 19 20 Change: Conventional Subdivisions on a Planned Community Concept are no longer allowed in Subarea D. Subject to Site Plan IX, C, 6c Review: PC Concept Reason: This reflects a reaffirmation of the commitment to enhance the compatibility of Subarea D with adjoining Belcourt residents. 00 053196-1559 / F31331-002 /4V76.6 3 SUBJECT REFERENCE SUMMARY OF CHANGE Minimum Lot Size Page 20 Change. Clarifies that minimum lot sizes do not directly apply to Clusters and PCS. DC, D, 1 Reason: Previously, the application of the rules to Clusters and PCS was unclear. This change brings the text into compliance with the intent of the standards, as well as general practice regarding the application of minimum lot sizes to Clusters and PCS. Subarea 4D Page 20 Change: Clusters and PCS are not permitted under any circumstances in Subarea 4D. IX, D, lc Reason: Again, this reflects commitments made to Belcourt residents. Side Yard Setbacks Pages 21 Change. Greater variation provided for width and calculation of side yard setbacks. IX, D, 4b Reason: Allows for greater creativity and flexibility in Clusters and Access Drive products. Recognizes potential for detached and/or rear access garages. Garage Setbacks Page 22 Change: Provides standards for garages accessed by a Rear Access Drive at the rear of the lot. Requires, in IX, D, 4f all cases, a 26-foot setback between garages on opposite sides of a Rear Access Drive. Reason: Standards were required to address detached garage and/or rear access situations. Easements Page 22 Change. Allows Site Plan Review for design techniques which preserve setbacks between structures, but which DX, D, 4 (following might use easements or other legal mechanisms to maximize use of individual lots. 4h) Reason: Allows developer to propose reciprocal or alternating easements, among other potential mechanisms, which would retain the required side yard setback, but allow for expansion of useable side yard areas. Calculation of Page 22 Change. Calculation method changed and provisions inserted to address Access Drive intersections. Fence, Hedge, and IX, D, 5 Wall Height Reason: Extends restriction to Access Drive intersections. Simplifies calculations by deleting reference to right-of-way lines. Trellis Height Page 23 Change: Allows trellises to be ten feet high, rather than eight. IX, D, 6 Reason: Eight feet is too restrictive. The revised standard allows for eight feet of head room under the trellis. Private Street Pages 23 Change: Addresses all private street standards in a single section. Provides specific standards for Access Standards DC, D, 7 Drives. Allows for landscape pockets for parking turnouts. Reason: Simplifies text. Provides needed standards for Access Drives. Allows for more street landscaping in 75-by-80 foot product. 053196-1559 / F31331-002 / 48176.6 4 SUBJECT REFERENCE SUMMARY OF CHANGE Process for Project Page 27 Change. Specifies which development standard modifications require PC Text amendments, subdivision map Modifications IX, F, G, H amendments, and standard City modification process approval. Reason: These provisions supplement the discussion of the Site Plan Review process by clarifying the approval process for various development standard modifications. Maximum Site Area Page 25 Change: Clarifies existing content. Indicates that temporary structures, patio covets, and similar ancillary Coverage IX, D, 10 structures, as well as trellises, are not included in the site coverage calculation. Reason: Makes the section consistent with new definitions, such as Lot Size. Site Plan Review: Page 25-27 Change: Clarifies circumstances under which Site Plan Review is required. When Required IX, E Reason: Site Plan Review should be limited to those "special circumstances" involving creative planning techniques which are specifically authorized by the PC Text, such as Clusters and PCS. Community Service Page 28 Change: Subject to a use permit, allows food, beverage, and valet services for residents and guests only. Facilities X, A, 3 Reason: Provides a convenience amenity for residents and their guests. Community Page 28 Change: Clarifies specific "ancillary" uses, specifying clubhouses, including kitchens, and meeting rooms. Recreational X, A, 2 Facilities: Ancillary Reason: This allows for normal types of community recreational facilities. Uses Community Page 28 Change: The height limit of community recreational facilities is raised to 37 feet. Recreational X, B, 1 Facilities: Building Reason: This corresponds with the maximum building height for residential structures. Height Community Page 28 Change: One parking space is required for every 200 square feet of a clubhouse or meeting room facility. Recreational X, B, 3 Facilities: Parking Reason. This supplements the clarification of ancillary uses and assures that adequate parking will be available for community meetings and activities. Signs Page 29 Change: Specific sign locations are established. XI, B, 1 & 2 Reason: Addresses the issue now. ODZ96.1559/ 01331-002/48176.6 Q PLANNED COMMUNITY DISTRICT REGULATIONS Adopted September 9, 1979 Ordinance No. 1807 Amendment No. 542; Amended March 9, 1981 Resolution No. 9986 Amendment No. 559; Amended October 13, 1981 Resolution No. 11064 Amendment No. 564; Amended September 28, 1983 Resolution No. 1104 'Amendment No. 591; Amended July 10, 1995 Resolution No. 95-89 Amendment No. 800 053196.1553 1 F31331-002 / 44925.27 TABLE OF CONTENTS INTRODUCTION SECTION I - STATISTICAL ANALYSIS 3 2 SECTION II - GENERAL 4 A - SECTION III - GENERAL NOTES 3 SECTION 1V - DEFINITIONS 3 SECTION V - ATTACHED RESIDENTIAL/AREAS 1, 6, 7 8 -1 Sub -Section A Uses Permitted S Sub -Section B Uses Developmentl7evel . in Standards 97 SECTION VI - ATTACHED RESIDENTIAL/AREA 8 4410 Sub -Section A Uses Permitted 44 Id Sub -Section B Uses Permitted Subject To A Use Permit 44 1t Sub -Section C Development Standards 44ld SECTION VII - DETACHED RESIDENTIAL/AREA 2 4415, Sub -Section A Uses Permitted 4413 Sub -Section B Development Standards 44 -11 SECTION VIE - CUSTOM LOT, RESIDENTIAL/AREA 5 1 Sub -Section A Uses Permitted 4.7 15 Sub -Section B Development Standards I-7 1 SECTION IX - ATTACHED/DETACHED RBSIDENTTI�"61ARE-,4--4A 2i0 RESIT:IINN'I`IALIPLAN'i�'tl`I� AREA 4 ..... w ...... _ ......_.... . is Sub -Section: A Definitions 1 Sub-Sectiott B Statistical Analysis 14 Sub -Section C Uses Permitted 14 Sub -Section D Development Standards 26 Sub-Seodon E Site Plan Review 25 Sub -Section 'A Uses Permitted$ �9 site Ple RR, 4 w 20 053196.1$53 / F31331-002 / 14925.27 �D.. mv•. A • \. Y Sub -Section Standards 1id SECTION NI Xi - SIGNS/RESIDaMAL AREAS 1,2,4,5,6,7,8 -M 0 Sub -Section A Permanent Signs -M 2i Sub -Section B Temporary Signs 1429 053196.15531 E31331-002144925.27 l� INTRODUCTION The Aeronutronic Ford (Planned Community) District for the City of Newport Beach is in conformance with the Newport Beach General Plan The purpose of t13is these Planned Community (PC) District Regulations is to previde-f'eF cstktisYlj I ..M m. the zoning classification and development of staiidai&fdi the subject property inwidt MA regulations wt�l prevail over regulations contanxd m the Ch s genial' zoning iiirduiariae: Vha+ these regulations ace silent with respect to a particular development standard, however, the provisions of the Se lad aI zonu3g ordinance shall control. tiiese'Yfegiiiations were origirially-anopied'on Septemkir 9, 1979, by Cidinaace'Na:'l (t�:' i>ice then, the Regulations have been amended several timestD Tef ectchanging development concepts and; ultimately, a major change in permitted use. On July 14, 1995, the Regulations were amended to eliminate the historic research and development eempadble '',�- he e;:',; uses conducted &'ihli site.^That amendment changed the perutift-a use d ?Tanning Arta. 4 (consisting of Subareas 4A, 4B,, 4C, 4D, and 4E) of the site to residential and at3 nary uses. The amendment bated _ y., 1996, reflects further refinements in the residential concept for Planning Aria 4. Nothing contained in this Latest amendment should be construed. to alter the provisions of these Regulations with respect to any Planning Area other #ham Planning Area 4; 053196•1S53I F31331-002144925.27 SECTION I - STATISTICAL ANALYSIS FOR PLANIQiD1G.APSAS I, 2, Sj 6t A-- .�.......... I. . x6tkThes5tatisticatAnalysrsfarPlam2ftrg4f04,anditssubareasrs;setJvr ,i ,seetivrt'1 Gross PM Buildable Maximum Tvae Area Acres Net Acres Acres DU Planning ,ram 1 18.6 16.2 12.3 50 2 18.6 17.5 12.7 54 5 33.0 26.0 17.3 48 6 15.1 14.4 10.4 54 7 17 16.0 11.6 56 8 12 11.5 8.5 168 Subtotal 114.3 101.6 72.8 430 PERCENTAGE OF SITE COVERAGE Planning Area 1,215,61 7 8 Building Footprint 14.6% 28.0% Parking Areas 21.7%u 5.0% Landscape and Pedestrian 63.7% 21.0% Circulation Streets 31.5% Perimeter Open Space 8.5% 053196-15531 F31331-00214492527 2 �s SECTION H - GENERAL Location The Aeronutronic Ford Planned Community encompasses 215.2 gross acres in the City of Newport Beach. The community is bounded by Bison Avenue on the north, MacArthur Boulevard on the east, Ford Road on the south, and Jamboree Road on the west. Existing Zoning The existing zoning is designated PC (Planned Community). The development standards set forth herein will provide for the development of the subject property. Land Uses The Aeronutronic Ford Planned Community is previously was designated for residential development and for the expansion of Research and Development uses of the existing Ford Aerospace and Communication Corporation. As 'a result of the most recent am is to these'Regulatiaris; Planned t o3nmtinity now provides entircly for residential and ancillary uses. Public Recreation The City of Newport Beach Park Standards will be met by in -lieu fees. Private Recreation Four (4) private recreational areas totaling 1.2 acres will be located within the fesidendal we Plai nitlgilzeas 1, 2, 5, 6, 7 and 8. Facilities included in these private recreational areas will include a minimum of four (4) swimming pools, four (4) jacuzds and associated recreational buildings. Private recreational facilities, open and/or structured, within the development boundaries shall be maintained and operated by the Community Associations. Addifiensl Urie or i6b additional private recreation areas e" aliotvei[ it Vaiitiiiig Area 4. .,., ....... rt .. 03319&1353 / P31331402 1 4/9U.27 SECTION III - GENERAL NOTES Water Service Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Sewage Disposal Sewage disposal service facilities to the Planned Community will be provided by the City of Newport Beach, Orange County Sanitation District No. 5, or Irvine Ranch Water District, as per agreement (May 14, 1980). 3. Flood Protection Development of the subject property will be undertaken in accordance with the flood protection policies and requirements of the City of Newport Beach. 4. Grading Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 5. Zoning Ordinance Compliance Except as otherwise stated in .... , �... •.: r,w„, ... Dt uelo ent Agreetizerit fI.or:Planiiing:At'ea 4, the requirements of the Newport Beach Zoning .. Ordinance shall apply. 6. Building Code Compliance The contents of this text notwithstanding, all construction within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and the various mechanical codes related thereto. Parking Lot Lighting All new parking lot lighting shall be subject to the review and approval of the Planning Director. 053196.1553 / F31331.002 144925.27 4 1q 8. Archaeological/Paleontological Resources Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archeological and paleontological resources in accordance with adopted policies of the City of Newport Beach. 9. Public Health and Safety Requirements (Planning Area 4) The Ford Motor Land Services Corporation or its successor shall comply with all requirements and mitigation measures related to public health and safety as described in Final EIR No. 153 for Planning Area 4. t ti' ' tr,t. . 97. M� . 1)'Un!-4 the ierin of * Nvela'pmerit Ag"M"'etni ent applict+l?le to Planning"Ares' 4; -I& provisions of that Development Agreement shall determine the ordinances, r%olttdons; policies, and other local laws applicable to the development of Planning Area 4. Where there is an inconsistency between the terms of these Regulations and the Development Agreement, the terms of the Development Agreement shall prevail, 033 1WS53 / F3 1331-002 144925,21 DO SECTION IV - DEFINMONS The following definitions shall apply to the development of all Plamtmg Aieasexcegtplaiunnreai 4'of tbt Aeronutronic Ford Planned Community. Difnitions fi?T Pig Area 4 are contained in Section IX 1. Gross Acreage shall mean the entire site area within the project boundary plus the centerline of the perimeter streets excluding MacArthur Boulevard, in which case the boundary line extends to the existing right of way line which is the Newport Beach City boundary. This acreage is the area within the boundaries of the Tentative Subdivision Map. 2. Parcel Map Net Area shall mean the entire area within the project boundary excluding previously dedicated perimeter streets. 3. Buildable Acreage shall mean the entire site area within the project boundary excluding streets, park dedication, areas with existing natural slopes greater than 2:1, and natural flood plains. 4. Cluster Unit Development shall mean a combination or arrangement of attached or detached dwellings and their accessory structures on contiguous or related building sites where the yards and open spaces are combined into more desirable arrangements or open spaces and where the individual sites may have less than the required average for the district but the density of the overall development meets the required standard. 5. Conventional Subdivision on a Planned Community Concept shall mean a conventional subdivision of detached dwellings and their accessory structures on individtul lots where the lot size may be less than the required average for the district but where the density for the entire subdivision meets the required standards and where open space areas are provided for the enhancement and utilization of the overall development. 053196.1553 / F31331.002144925.27 SECTION V - ATTACHED RESIDENTIAIJAREA 15 65 7 These areas are intended to provide residential housing and related community facilities. A. Uses permitted 1. Cluster unit developments, as defined in Section IV, Definitions. 2. Single family dwellings attached or detached 3. Conventional subdivisions on a Planned Community Concept, as defined in Section IV, Definitions. 4. Custom Lots. 5. CondominiumrFownhomes, 6. Temporary model complex and appurtenant uses. Community Recreational facilities. 8. Signs (as provided in Section XI of this Planned Community Text). 9. Security Gates and/or Guard Houses. B. Development Standards 1, Maximum Height Limits a. All buildings shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. b. Chimneys and vents shall be permitted as set forth in section 20.02.060 of the Municipal Code, 2. Setbacks from Public Streets A minimum setback of 15 feet shall apply to all structures other than garages adjacent to public streets; except that balconies and patios may encroach six (6) feet into the required setback. Architectural features such as but not limited to cornices, eaves, and wingwalls may extend two and one-half (2'/s) feet into the required setback from a public street. Setbacks shall be measured from the ultimate right-of-%2y line. 053196.13531 F31331-0021 44925.27 3. Setbacks from Other Property Lines and Structures a. A minimum front yard setback of five (5) feet shall be required This setback shall be measured from the back of curb or in the event that sidewalks are constructed, from back of sidewalk. b. All main residential structures shall be a minimum of eight feet apart. This shall be measured from face of finished wall to face of finished wall. C. Detached garages shall be separated from main residential structures a minimum of eight (8) feet. This also shall be measured from face of finished wall to face of finished wall. d. Two car garages with direct access shall be setback from five (5) to seven () feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that the sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. 4. Fences Hedges and Walls Fences shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At street intersections. no such appurtenance shall exceed two (2) feet in height measured from curb height 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 5. Trellis Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area 053196.1553 / F31331.002 / 44925.27 '�A, 6. Architectural Features Architectural features, such as but not limited to cornices, eaves, and wing walls may extend two and one-half (N) feet into any front, side or rear yard setback. 7. Parking A minimum of 3.0 parking spaces per unit shall be required. One of the required spaces may be permitted on the driveway of the residence, providing that said driveway has a minimum depth of twenty (20) feet or eighteen (18) feet with roll -up or other type garage doors approved by the City Traffic Engineer, measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. In addition to driveway parking spaces, a mhumum of 0,5 guest parking spaces may be provided on -street or in the bays, and their location shall be reviewed and approved by the Planning Director and the City 'Traffic Engineer. 8. Maximum Site Area Coverage The maximum. site coverage permitted shall, be fifty (50) percent of the net site area. For purposes of this Planned Community, site coverage shall include all areas under foot but shall not include trellis areas. 0531964553 I F31331-0021 44925.27 VI 0 SECTION VI - ATTACHED RESIDENTIALAREA 8 These areas are intended to provide residential housing and related community facilities. A. Uses Permitted 1. Cluster unit developments, as defined in Section N, Definitions. 2. Single family dwellings attached or detached. 3. Conventional subdivisions on a Planned Community Concept, as defined in Section N, Definitions. 4. Custom Lots. 5. Temporary model complex and appurtenant uses. 6. Community Recreational facilities. 7. Signs (as provided in Section M of this Planned Community Text). 8. Security Gates and/or Guard Houses. B. Uses Permitted Subject To A Use Permit Condominium and townhome dwellings. C. Development Standards 1. Maximum Height Limits a. All buildings shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. b. Chimneys and vents shall be permitted as set forth in section 20.02.060 of the Municipal Code. 2. Setbacks from Public Streets A minhnum setback of 15 feet shall apply to all structures other than garages adjacent to public streets; except that balconies and patios may encroach six (6) feet into the required setback. Architectural features such as but not limited to cornices, eaves, and wingwalls may extend two and one-half (2'/2) feet into the required setback from a public street. Setbacks shall be measured from the ultimate right -of -gray line. 3. Setbacks from Other Properly Lines and Structures a. A minimum fast story front yard setback of five (5) feet shall be required. This setback shall be measured from the back of curb or in the event that 053196.1553 / F31331.002/ 44925.27 10 sidewalks are constructed. from back of sidewalk. The second story front may be constructed adjacent to the back of curb or in the event that sidewalks are constructed, adjacent to back of sidewalk. b. All main residential structures shall be a minimum of eight (8) feet apart. This shall be measured from face of finished wall to face of finished wall. C. Detached garages shall be separated from main residential structures a minimum of eight (8) feet This also shall be measured from face of finished wall to face of finished wall. d. Two car garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that the sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer, Additional garage spaces need not meet the above criteria. 4. Fences. Hedges and Walls Fences shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and was shall be limited to six (6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At street intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height 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. 5. Trellis Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. 05319661553 / P31331402 / 44925.27 II M 6. Architectural Features Architectural features, such as but not limited to cornices, eaves, and wing walls may extend two and one-half (2%2) feet into any front, side or rear yard setback. Parkins? A minimum of 2.0 parking spaces per unit shall be required Guest parking shall be cluster with a minimum of two spaces per cluster. 8. Maximum Site Area Coverage The maximum site coverage permitted shall be fifty (50) percent of the net site area. For purposes of this Planned Community, site coverage shall include all areas under foot but shall not include trellis areas. 9. Affordable Housing, The developer will provide 25 per cent of all units above 38 as moderate priced for sale units as defined by the City's Housing Element All in -lieu park fees, traffic improvement fees and noise wall fees for the affordable units and the previously approved 38 units will be waived. 053196.1553 / F31331-002 144925.27 12 SECTION VH - DETACHED RESIDENTIAUAREA 2 This area is intended to provide residential housing and related community facilities. A. Uses Permitted 1. Single family dwellings. 2. Conventional subdivisions on a Planned Community, as defined in Section N, Definitions. 3. Custom Lots. 4. Community recreational facilities. 5. Security gates and/or guard houses. 6. Temporary model complex and appurtenant uses. B. Development Standards 1. Minimum Lot Size. The minimum lot size permitted shall be 6,000 sq.ft. 2. Maximum Building Height. All buildings in Areas 2 & 8 shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. 3. Setbacks The following setbacks shall apply to all structures excluding garden walls or fences. a. Front Yard A minimum setback of five (5) feet for the garage and a minnnum of ten (10) feet for the dwelling unit shall be maintained. This shall be measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. b. Side Yard Side yard setbacks shall be a minimum of five (5) feet. The Planninc Director may approve a zero side yard concept provided that a total of ten (10) feet be provided on the opposite side yard. A zero side yard concept will not be allowed under a custom lot program. C. Rear Yard A minimum of ten (10) feet shall be maintained for the rear yards. d. Setbacks - Garages Two car garages with direct access shall be setback from five (5) to sLnvn (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that sidewalks 053196-15531 F31331-00114492517 13 009 are constructed, from back of sidewalk shall be permitted with roll -up or other type garage doors approved by,the City Traffic Engineer. Additional garage spaces need not meet the above criteria. A minimum of five (5) feet for side -on garages shall be maintained. 4. Fences Hedges and Was Fences shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At street intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height 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. 5. Trellis Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. 6. Parr Parking for residential uses shall be in the form of not less than three (3) parking spaces per dwelling unit. Maximum Site Area Coverage The maximum site area coverage for any residential lot shall be 60 percent of such lot. 8. Architectural Features Architectural features, such as but not limited to cornices, eaves, and wing walls may extend two and one half (2%2) feet into any front, side or rear yard setback. 053196-1553 / F31331-002/ 44925.27 14 ai SECTION VHI - CUSTOM LOT RESIDENTIAIJAREA 5 This area is intended to provide residential housing and related community facilities. A. Uses Permitted 1. Single Family Dwellings. 2. Conventional subdivisions on a Planned Community, as defined in Section IV, Definitions. 3. Custom Lot. 4. Community recreational facilities. 5. Temporary model complex and appurtenant uses. 6. Tennis Courts. B. Development Standards Minimum Lot Size. The minimum lot size permitted shall be 9,000 sq.ft. 2. Maximum Building Height. All buildings in Areas 5 & 8 shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. 3. Setbacks The following setbacks shall apply to all structures excluding garden walls or fences. a Front Yard A minimum setback of twenty (20) feet for the dwelling unit shall be maintained. This shall be measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. b. Side Yard Side yard setbacks shall be a minimum of five (5) feet. C. Rear Yard A minimum of ten (10) feet shall be maintained for the rear yards. d. Setbacks - Garages Two car garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) fect measured from back of curb, or in the event that sidewalks are constructed from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. A minimum of five (5) feet for side -on garages shall be maintained 0331961553 / F31331.002 / 44925.27 15 GAW 4. Fences Hedges and Walls Fences, with the exception of tennis courts, shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet W'mg walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height At street intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height 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. 5. Trellis Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 percent of the remaining open space, of a developed lot Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area 6. Parkine Parking for residential uses shall be in the form of not less than three (3) parking spaces per dwelling unit 7. Maximum Site Area Coverage The maximum site area coverage for any residential lot shall be 60 percent of such lot 8. Architectural Features Architectural features, such as but not limited to cornices, eaves, and wing walls may extend two and one half (2%) feet into any front, side or rear yard setback. 9. Tennis Courts Tennis courts are allowed and may be within 3' of the rear and side property lines. The courts are permitted fencing up to 12' in height The courts lighting shall use 27' max height, square tubular and painted posts with 1000 watts metal halide lights in a flat pan fixture. All tennis court lighting shall be designed in such a way as to prevent light from shining directly on the adjacent residential properties and to insure that the lighting does not adversely affect night vehicular traffic along MacArthur Boulevard. All tennis court lighting shall be subject to a use permit 053196.1553 / F31331-002 / 41925.27 16 SECTION IX - ATTACHED I M C IIED MEDENTI" i MAMING AREA 4 A. ' 'DgiNI't' ON$.- The Mowhii dotnitions uaphr to PlanningAreg 4 61R4 l: Y`Acecss Drive" ieors "td'.a'..clrivc; ' iricf"tiding ..those owii audtar triaintaiiit ' by a community association, which provides. front; side, or rear access to ono or more residential lots. An Access Drive is not a Private Street as that terra is used wvithin these 'Regulations. Drivewa s on a residential lot are not Access Drives A "MM6d Access DHV-c, ' refers to an Access Drive �l3 & Ms Ai *gr 4 as the rincrpel means of access to a residential lot. " A"'Rear Access "DAW refers to"ail Acaess Drive which pr6vides'access tv"a 'residenfia lot from the rear of the lot. _. 2, "Cluster Un1t Development" refers to a combination or arrangement of attached or ...... detached dwellings and their xccessoty structures on contiguous or related building sites where,. _.... . ." -the open'spaees'ara- pa iate yards wit a planning',.Aao ;of sabarna `arG combined into more desirable wmgemeM greenbelts, or open spaces and 0 individual residential lots have less square footage than the required minhumn :lot size for the Planning Area or Subarea, but the number of residential 11010 pemutted within the Planning Axes or Subarea does not exceed the maximuta. number of units for that Planning Area or Subarea as shown in the Statistical ;Analysis,._....... ,._........,. , .... M..n . ... ........m,...._."............,"."_.�,.,. _.: 3,. 'Conivendonal SubdWsio6 4ii a Plaa6a Community't.,oncept" refers to' a 'cai3ventional subdivision of detached dniiings and their accessory structures on individual lots where: the lot size of some indlvi'dual residential lots may b0ass than'fbe'*Ufred minimum for the Planning Area or Subarea, but the average lot size for all residential lots within the Planning Area or. Subarea duals or exceeds the required mnu4num lot size arW ."w.." .."... ""....""._.... open space arras ale proviiled_for'the "went or'iitilirari"rin of�tl�_MAl� d�vetapments 4 ' "''l l'ag' of )riifbivayw"re ois to'aa"Aceess Thive iwliicl%'altaongii li'ang Rile appe and function of an extended driveway, is used to provido.access to two or mole residential units from a Private Street or Access Driver 053196.1553 / F31331-002 / 449252" 17 0 5. `}I tit Size" refers to the total square footage of i *residential rot. l e bou3adaries used•td determine the lot: size of a residential rat shall be those set forth our the. subdivision tnap 'Me square footage of a residential lot shall be deerned to. include those abutting areas extending to the center lme.6f,4oining Access Drives, even wkeze the Access 156l as shown as a separate lot under commoa pvTc shi G. "Maidinuni fmis`s Actas� refers to:the triaxiiuiuuiu number of grass acres:W, V, i may vm included within any planning 8ubaiea, as shown iru fire Statistical Analysis for 1?lannitt Aft 4. 7: A' pfiate Strtet'r ri fers 'to any"street vvtthttt l�lannmg Area' 4 riliich is 'otivrted" maintained by the Community Association. Wlule a Rear Access Drive may be,owned and maintained by the Community Assoaiat on, a hear Access• Drive is not a "PAYate Street`, for purposes of these Regulations: '119efbace refers to the rniiiimu m distance beiween a structure ora a lot and'the elasei ui (i) the property line, Cd) the back of an adjacent sidewalk, and (M) .the back of an adjacent curb Where the Development Standards contained in Section.D below specify a different, standard for the measurement of a:"setback," the standard. set forth of Section D sbali conUM,: 053196.1553 1 F31331-002 / 44925.27 IU ?jk I 'Stafistidd "A—sts CoiP—Tags & Area 4 . . hraumiiiui �Grdsi N`.".�aiclininui Snbireas Ac3 D .. 4A, 34 ._ ...286 40 19 g7' 40 11 40 4D 26 119 4E 22 450 Hsi ** Tire mni3ber of acresre,Jtectediri'this sol2im>i represents the maximum tharairrt.be-utc�stdei�wr"ttrJn any specie Subarea. Subarea boundaries are intended to be fialble within the maximum acreag" idenrffled "ate: M- statistics setforth for Planning Area 4 and its Subareas ar i bttended to,provideYexibility'; for allocation of residential wilts between the Subareas and to reflect minar adfastments of Sub4md: boundaries on subdivision maps recorded as development progresses The "Maztmum DU" ca WW. rettects a maximum number of 450 residential wilts for Restdeeol Area 4, even though the sum of the"MaximumDU"forfheindividualSubareasismuch greater don M. 77rtsallaxxforjlexibftity In assigning units within the Subareas while maintaining ats overatt capon the oalnumberofitnit# atlowed within Plaru+tng Area 053196•IS531 P31331-002144925.27 19 G. use Perms ed i? Area 41s' intended to provide residential housing and related community facilities. ? ? .,..,......:,. 1. Single-family detached subdivisions, subject to approval of a Parking Plan (see Section C-9) , jo) and Landscaping Plan, if required (see Section C� C..* � 2. Custom lot sales and custom homes. 3. Temporary model complexes and appurtenant uses. 4. Signs (as provided in Section M of this Planned Community Text). 5. Tennis courts, subject to the provisions of Section-1X-C-10. Community recreafiomdl.facilities, suhecc to the psOvisirnis:ofSeckion7� 7. Uses Permitted Subject to Site Plan Review (see See-$} Seagii it in°Subarea 4A oiiiyt sitigle family attached subdivisions. b.,.., . In Subarea.:4A; Ctustei iri�i%t I�eve�apiinzizts C: Tn' Subareas ' 4A, - 4B, .4C,' kif t, 4E; onYentionzi ;Su6dit isioi�s on a Planned M.,_...Community Concep,a-----.. rcr" .,,.,in cl Entry guard houses and gates. D. Development Standards 1, Minimum Lot Size tier ttaati for ' Clustex C iitt l]evelopMents atad C`cizivei iiinal Subcb?utstons iiri a per Community Concept (where mitted subject tco site plan revieK, ilte minimum lot sizes Stzaii be, Siiiarea 4A: :Me —niFARiw= lei size ve itted shall be. 3,000 square feet. bz...., .Subareas.A�,'4C;�ane1,�E;',�,OAI}.Sglia�e.feet: H c: `86aa 4T1: 6o'00 ? square feet. Clilstei irnii jevelopmeiAs end onveiitiomai Subdivisions on a. Planned Corntaituazt Concept" will tact ire pewitd . ?i Subarea 4D.' 053MM553 / F31331-002 / 44925.27 20 3 2. Maximum Height Limits a. All buildings in Subareas 4A,AA1417,'and �4B shall not exceed a maximum ridge height of 37 fect, wlth an average roof Height not to exceed 32 feet.11 b. All buildings in area 4C shall not exceed a maximum ridge height of twenty-eight (28) feet, with the average height not to exceed twenty-seven (27) feet. C. Chimneys and vents shall be permitted as set forth in the Municipal Code. 3. Setbacks from Public Streets (i.e. Jamboree Road and Ford Road) A minimum setback of fifteen (15) feet shall apply to all structures other than garages adjacent to public streets; except that balconies and patios may encroach six (6) feet in the required setback. Architectural features such as but not limited to cornices, eaves, and wingwalls may extend two and one-half (2'/2) feet into the required setback from a public street Setbacks shall be measured from the ultimate right-of-way be. 4. Setbacks from Other Property Lines and Structures lrxcspf as"i3titeiwise estabiiihed tliraugli ttie Ciiy's staadaid'Modifii tiori Pz"ocess; setiiac from other property lines. and structuues shall be,, a Front wdrei.' in,Stibarca 4A,"& mirumtun front Yazd setback of five 5) feet shag be required. 4W9setbeek 9W be - d L 1. ba le f eufb e in the .. ent sRe„� ' frem ,.aek f ..:a. wl In Subareas 4R, 4C, 40,1WI 4P} s mn h'o iniinutnt yard setba 'of teri (10) feet shall be required for the maiq dwelling (excluding attached or detached garages). - b. Side Yard. Side yard setbacks shall be a minimum of five (5) feet, —erns L _ st established Oveugh Site Plan _ Review - - . location or feuee' is'not'xelevatrt 'ta I io'calculid6It of the side" usetbackA4joldlaa properties may ba the subject of metnents which allow fences lobe placed on 4ti adjoining property provided that all dwelling imits have the .minimum, five (31 #'pot setback from the. pmpeay lira. t M m - Side yaid set6acks'fax atfi gaxagea l"acai<d ciitiie y wit 1'tt�f`iSre front i t lot shall be tt minimum of five (5) feet! w" _ 053196b1S53 / F31331-M / M923.27 21 Side pare setbacks for garages located piinlizrily m, Clio. •rear bW of a lot siialll l3n a :mitiimutrt of three (3) feet for the fast floor. of the structure and five (5) fed bf - the second floor.. Where garages arelowted.in the=ar.of a lot iti onler to access a Rear Access Driven side yqd setbackI "I shall be reggarages adjoininwiots C. Rear yard• a minimum ten (10) foot rear yard setback shall be required ^ ' a , ' ., , o A-- - extend We 7 h a «t ae4 _te 3 fPfor a resFdeittiai lflt:w�Ose.rea> r (3) foot rear yard setback shall adjoins anbtherresiiieiit'ial Iciti m "A'u�uii�i"4liree „£ be required fbri single -story structure art• a Ti6dendw lot whose rear adjoins a Rear.Ascess Drive. Fora two-story, structure on a residential lotwitose reai adjoins a itear,Access Drive, the average setback (mcluding a lower level gauge which compiles with paragraph 4f helaw shall be no less than fam feet. Forlots accessed. bp'a Rtear Access Drive, rear Y setbacks"shaa be measured frori? (i) the flow line of a rolled curb or (if) the back of a standard curia, as w " " e setbacks siiall.lie ileteir>DiieI lij l o lots accessed by a dear Access l�kive, gates " " Paragraph 4f (" Garagcp)1sel�w. d. Structural separation. For detached units, all main residential structures shall be a minimum of six (6) feet'apart measured from face of finished wall to face of finished wall. e. Detached garage separation. Detached garages shall be separated from main residential structures a minimum of six (6) feet measured from face of finished wall to face of finished wall. £ G_arageS. Garages shall be set back from three (3) to seven (7) feet, or a minimum of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewak A minimum of eighteen (18) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk shall be permitted with roll -up or other garage door types approved by the City Traffic Engineer. _,,...,.v. ". l;i�r •Io€s aicessed"by a"iteaz'";Aceess iinrve, tlte•gaiage•: shalifie seY liaCl£ a 1 4ih imam of three (3) feet from (i) the flow line of a roiled curb or (U) the back of a standard curb,. as applicWe. In all. cases, however, garages located. ptt opposite ddes,of` a p,= Access Drive shall• be Setback frattr_eaach. othot"A minimum of tw etityix'P6 feet 053196.1553 1 F31331-002144925.27 22 Side -entry garages shall maintain a minimum front setback of five (5) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. g. Architectural features. Architectural features such as, but not limited to, cornices, eaves, and wingwalls may extend two and one-half (2%2) feet into any front, side or rear yard setback, provided that such architectural features shall not project any closer than two (2) feet from any property line. IL Fireplaces and chimneys. Placement of fireplaces and chimneys shall comply with the requirements of the Zoning Code. ... M .. .. .v... ... y .... � .x. ..y w. r ....... �.. ... .. ....... ..v...4.rx v. auuv Tiunugh'the Ctty's standard Modrilctron process, setbackstnay be'or�eat between adjoining properties to accommodate design techniques which will walomizetba rue of private spaces without creating undesirable sl3atial relationships between structures on adjoining,properhes. ... ...m... . 5. Fences. Hedees and Walls Fences shall be limited to a maximum height of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six 6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At street c4treet intersections, no such appurtenance shall exceed two (2) feet in height . if it isloiiiW within the triangle A. -U, a , . ,:.`, a formed Gy (i the ing 'lines. Ibcate � fivd feetbeliuia atui'pai@Id to th..... AWCnf Each of the interacting streets and Cu a connecdn9 line drawa'l;64eri'those points oflhese lntersecting lines located thirty (30) feet distant ......... from the intersection of the Vie€-weg intertcetirg lines. At Ste.t trs-Access intersections,'no such appurtena»ae "shall exceed tM (2) feet in height measured from curb height within the triangle bounded by the face of curb tuns and a connecting lute drawn between points twenty (20) feet distant from the intersection ofthe prolonged face Of curb lutes. 6. Trellises open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property line. In side yards, the maximum height shall be eight (8) feet tii 0 let 053196.1553 / F31331.002 / 11925.27 23 :36 7. private Street. Rear Access Drive and Flag Lot Driveway Standards i?rtva ,.... te S"'aiid A66esiDiilves within residential development shall be a minimum o a -' "iiij�=siar �_ 6) feet in width with parking allowed on b : stck ene-side. standaEd may TC' evedi a: qhe _- '.7 L Rif*- L r-edueed to 26 fed f - aeeeue ihiity-ilsa (32j feet in widthtvtih pats ng. o,%N onone side; ..,._............ ... _ �...m. o. `%'wenty-eigit£ (28) fet~t in-vddtli:iiitii pati€ing.an nerther,stdef vw.. ,.,. if; ' ""Twenty -sus •feet for pnmzrp ?. DriYes serving no more than 16 dwelling units. , weeny (20) feet for ....Primary Aecpss Drives; anelndin$°Flag m� °t Dflv6Wgs •wing no more 4 than dwelling units. 0. Minimum •dL 7 L A d f 16 feet i• dwelling urA f, Sixteen �16) feet for Primary Access Drives,, includuig Ftag; X of l�rivezvays; servittg tto more than 2.dweliing units.- d: Pruaai.ctss Drives of 20 or 16 feet as provided for -tlte above shall be increased to a minimum width of 26 feet if serving a common parking area. e Tlia 'ruiddt opar W—tumouts snail ire .nduded VROIiu the"oaTcatatioii of pnvute sf1i6t widths. Unless otherwise defined in this text, private streets shall l designed in compliance with the private street standards of the City of Newport Beach Keac t cress Thrives 9&h r:i a mmin um j en ` 20 ffeetin:wlcfth ," ...... "".. _ ._.... w"........ ......#w.. �." ".. . 053196.1553 / F31331.002/ 44925.27 24 8. Site Distance Requirements Residential development shall be designed to provide adequate sight distance (25 MPH), at the intersection of all private streets and doves Pand along curves unless otherwise approved by the City Traffic Engineer. m 9. Parking Plan Each tentative subdivision map that would create legal building sites shall be accompanied by a parking plan demonstrating compliance with the following standards: a. Sin idee-Family Detached Parking Requirements A minimum of two (2) garage parking spaces shall be provided per 00c 04 dwelluig unit. In addition, guest parking shall be provided within the development at a minimum rate of two (2) spaces per unit. Guest parking may be provided on street, in parking bays, or on "-eway- apreuawaj+ . (minimum 20 feet in depth) orlg'feet where roll up garage docirs eiii'provided), in a manner acceptable to the City Traffic Engineer. A maximum of one of the guest spaces may be provided on the driveway. A reduction in the guest parking requirement may be considered subject to approval of a finding by the Planning Commission that the reduced parking ratio will not cause an adverse impact on the community. b. Condominiums and Townhomes Dwelling Attached dwelling units less than or equal to 1500 square feet shall provide a minimum of 2 parking spaces per unit, including one covered space. In addition, guest parking shall be provided at a minimum rate of 0.5 space per unit. Guest parking may be provided on street, in parking bays, or on-dflveway-apre�s driveways (minimum 20 feet in depth or 18 feet where roll up garage doors are provided), in a manner acceptable to the City Traffic Engineer. A maximum of fifty percent (50%) of the guest spaces may be provided on driveways. Attacliedd'wcllin units greater than 1500 square feet shall provide a nummum of f6vered spaces pet unit. In addition, guest parking shall be provided at a minimum rate of one (1) space per unit. Guest parking may lie provided on street, in parking bays, or on dfWew" agretz9 iliivewaq$ (minimum 20 feet in depth or 18 feet where roll up garage doors are providedy, in a manner acceptable to the City Traffic Engineer. A maximum of fifty percent (50%) of the guest spaces may be provided on driveways. OS319b1553 / F31331.002 / M92527 25 ?)Z C. Parking Space Placement and Dimensions The Subject to the provisions of a Develoj mi n'Agreement for Punning Am ilia size and placement of all parking spaces and areas shall be as specified by the residential parking standards contained in the Newport Beach Municipal Code, Standard Plans 805-L-A and 805-L-B, and Council Policy L-2 unless otherwise approved by the City Traffic Engineer. 10. Maximum Site Area Coverage The 'a' �'"� l�uitdlitg fairtpxuits'a£rasideaices a ' ^ ^rcent (60"/0) of the "_"" '� garages shall not cover more than sixty percent �l�iC},� ItiTpOSeS Of these-tegulatt9nr, trellis ixi5`,�"�? ;•K'" covers, coiYet patios, and similar ancillary strsreturas shall not be considered struetual eevefag 1 in she'ea%ulauon ofsife'area cavarae. 11. Tennis Courts Tennis courts are allowed and may be within three feet (Y) of the rear and side property lines. The courts are permitted fencing up to 12' in height. The courts' lighting shall use 27' max height, square tubular and painted posts with 1,000 watt metal halide lights in a flat pan fixture. All tennis court lighting shall be designed in such a way as to prevent light from shining directly on the adjacent residential properties and to insure that the lighting does not adversely affect night vehicular traffic along Jamboree Road or Ford Road. All tennis court lighting shall be subject to a use permit. 12. Landscaping Plan Each tentative subdivision map that would create legal building sites and which contains a common area abutting an existing residential development outside Planning Area 4 shall be accompanied by a landscaping plan for that common area, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation . The plan shall be designed so as to create a suitable buffer between the existing residential area and the new development. 1�,,....•Site PIan ItevietY ...... S%ta�l?laii;Iievievi�na� lie xe,�u'ixr�d"�ialy:�ar a:�tuioivrierpropa"sal;wiiic�i eeiz��sis o�i�r includes �..„a�Cus<c"r`i.Tiiitbeve`iopriiert[tiF; + a Cotsentiot�i .6ubdsvisiott +nn a l'ianned.��iitumiuiity t�ucepc air , + a modifica#iort tfspecifie development standards et�ntained.in Secti� ii9,"Dip� ani���2 .. ,..m ..af these xeglaiatiwps. mm.-..�. Mm....Mm ' 05319&1553 / P31331-002144925.27 • 26 J\ The purpose of this section is to establish a Site Plan Review procedure to ensure that the project conforms to the objectives of the General Plan as well as the requirements and development standards contained in these Plamed Gemmuaity Disttiet RegW#Aiew. iteglddtfotis: 'Clio Site Pfa6xil W shall take'?ntn cnssfdeiatiori alf piovislnus;o qcvelgmeSt.AFeement for Plattt ' AM 4 - 2. Findings The Site Plan Review procedures contained in this section are intended to promote the health, safety and general welfare of the community according to the Site Plan Review Findings set forth in the Zoning Code. 3. Application When required, Site Plan Review approval shall be obtained prior to or concurrent with the approval of any tentative subdivision map that would create legal residential building sites, or prior to issuance of a building permit for non-residential structures (e.g., recreation facilities and entry guard gates). 4. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: to Plot plan. A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street parking, landscaped areas, signs, fences and sidewalks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off-street parking areas, the location of each parking space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how ati* utt'1'tties and drainage are to be provided. b. Landscape plan. A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation C. Grading 21an. A grading plan to ensure development properly related to the site and to surrounding properties and structures. 05319&1553 / F313314M / M935.27 27 d. Exterior lighting. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. e. Parking plan. A parking plan demonstrating compliance with the requirements contained in Section 49:9 C 1O, above. f. Noise attenuation. For subdivisions abutting Jamboree Road or Ford Road evidence demonstrating compliance with applicable noise attenuation requirements. g. Any other plans, diagrams, drawings or additional information determined by the Planning Director to be necessary to adequately consider the proposed development and to determine compliance with applicable policies and standards. 5. Application Fees The applicant shall pay a fee evieiv fee'established by Resolution of the City Council with each application for Site Plan Review. 6. Notice and Hearing Procedures. Procedures regarding public hearing notification and Planning Commission and City Council actions shall be as provided for Site Plan Review in the Zoning Code. LJ 'Modifiic QOR Process A" ruodifi6ati6ii of'sp c'devei6piiietiti staitdariis taiaed tt� ect?oixs ; ; 4, 05; ak'W may be obtained through the QV s standard Modification process. G. Subdivision 14Ts'p I'racess A mod 6flo4 of specific iieveiogntgni standards coniaineii in Sections i3I' and' ?7 may" obtained through the CWs standard subdivision map a ruvat process purstzAnt 0 th6 Catifnrctiri Subdis�sixric iv�ap Act and.applicabkt"ity ordinances 1�' PG i'eiii Ai#ieri� A"iRadificki& of"s ieai iieueliiprsieni:stai arils - -I- ingecaans ohtarued only tluni3gli an amendment to these Planned Lorumcuiity District itegutanns: 053196.15531 F31331.002 144925.27 28 SEC"I`ION X - CODRONM MCRYATIONAL FAMnIFS A. Uses Permitted 1. Private pars, pJaygroitttds, recreation areas, rec rion facillttes, or °pen Lmett area t,_ related faolh'ties. bodmgs,""sxitciiaes;'hzid"oars related'and iarmtel to tfiaitses M irteiuding-clut>houses Cirtr<iuding kitchens), tnee6ng 5aooats, tet312is courts, swvnn�irtg 3. Subject tii a useand Talett serncc B. Development Standards Building Height The maximum building height shall be t+ve2tty-�2 tlakty-se+:su (31) feet as defined by the Zoning Code. Towers or architectural features greater than twee 8) thi_47seven (M, feet but not exceeding sixty (60) feet in height may be permitted subject to approval of a Use Permit. 2. Building Setbacks Fifteen (15) feet minimum from any residential property line and ten (10) feet minimum from any street measured from back of curb, or from back of sidewalk where sidewalks are provided. brie pa"rlung'sparx shaII lie piovfded far Every 200 Kusm %et of a structure design" a dubhouse or meeting rom gn street parking .djaxnt to the facilities MAYbo usad tq meet this reciuirement. 05319&1553 / F31331-002 / 44925.27 29 4D, SECVON V = ; AREAS 15 25 45 55 65 75 8 A. Permanent Signs 1. Miscellaneous Directional/Wormational Signs Directional/Informational Signs, such as but not limited to "right tam only", "exit", "entrance", "tennis courts", =., shall be permitted Said signs shall be kept to a minimum and shall be designed as a coordinated part of the overall project Each sign shall not exceed ten (10) squ2=e feet of sign area 2, Primary Identification Signs One double-faced sign• or two single -faced signs at the main entrances to each residential area shall be permitted. Said sign shall not exceed a height of four (4) feet above the glade or surface to which att ched, nor shall said sign exceed an area of thirty-five (35) square feet per face. Said sign may be internally or externally lighted. The information listed on the sign shall be fin=^.ed to: a Village name b. Project name C. Facilities identification B. Temporary Signs (Prior to and during construction) Future Facility Signs A sign which informs the viewer, through graphic symbol and verbal reinforcements, of the type of facility planned fcr the site. /eAppendbe A,. For Plaiin�g Arei 4, iniiiimuui of ir�a dmiliierfaeei# futiace. aCiiity ssgas vvt7i"die 01l —ed . Chte may face Jamboree, Road and ow may:faee Foul'toad:.. 2. Merchandising Signs A sign which informs the vie:ver, through graphic symbol and verbal reinforcement, of the facility name, opening dare, type of occupancy, owner -developer, and phone number for sales information. Foi Pianriiitg Aria nii nui>i iif 4�*ha iiuiitr fa+ i#inerci>ai sins signs i`"— aliuwed t ma fact Jarni ree d atxd one tuayface fiord Road a ... 05319&1553 / F31331-002 / 44925.27 30 Recording Requested By and When Recorded Return to: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 050996-10011 F31331.0021 15774.21 FIRST AMENDED DEVELOPMENT AGRMEEN'T THE CITY OF NEWPORT BEACH 0 PACIFIC BAY HOMES Original Agreement Approved July 24, 1595 Ordinance No. 95-27 Amendment Approved 1996 Ordinance No. 96-_ Submitted By: Paone Callahan McHolm & Winton 19100 Von Kalman Avenue 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 4 ` FIRST AMENDED DEVELOPMENT AGREEMENT THIS FIRST AMENDED DEVELOPMENT AGREEMENT (the "Agreement") is entered into between the City of Newport Beach (the "City"), and Pacific Bay Homes, a California corporation and a subsidiary of the Ford Motor Company. 1. RECITALS. This Agreement relates to the following: 1.1 Original Agreement. On July 10, 1995, the City Council of the City approved the "Development Agreement between the City of Newport Beach and Ford Motor Land Development Corporation" (the "Original Agreement"). The Original Agreement was recorded in the official records of the County of Orange on September 26, 1995. 1.2 Ownershio Status. At the time of the Original Agreement, Ford Motor Land Development Corporation ("Ford Land") held an equitable interest in the property which is described in Exhibit A (the "Properly"). Ford Land is a subsidiary of Ford Motor Company. In April 1996, The JM Development Company ("JM" ), also a subsidiary of Ford, acquired fee title to the Properly. Since the acquisition, JM has changed its name to Pacific Bay Homes. Pacific Bay Homes shall be referred to within this Agreement as "Ford." 1.3 PlanningStatu . The City Council conducted public hearings on these matters and the Original Agreement and certified the EIR on July 10, 1995. The General Plan Amendment (see Section 2.22 below), the Original PC Text Amendments (see Section 2.29 below), the Tentative Map (see Section 2.34 below), and the Original Agreement were approved on July 10. 1995. Since the approval of the Original Agreement, site planning has continued for the Property. As a result of that planning, Ford has proposed certain changes to the Planned Community District Regulations (the "PC Text") which also will result in changes to the Tentative Map. In addition to the stated purposes of the Original Agreement, this Agreement intends to make those modifications to the Original Agreement which will allow the development of the Property (the "Project") to proceed consistent with approved modifications to the PC Text and the Tentative Map. 1.4 General Findings. By approving this Agreement, the City Council finds that the modifications to the PC Text and this Agreement, when implemented through subsequent entitlement procedures, such as the subdivision mapping process, are consistent with the intent of the City Council in approving the Original Agreement. 1.5 CEOA Compliance. On July 10, 1995, the City Council certified Environmental Impact Report No. 153 for the Project (the "EIR"). Before approving this Agreement, an 0509961001 / F31331-M / 15774.21 4� Addendum to the EIR was prepared and presented to the City Council and was approved by the City Council on 1996. The Addendum establishes that neither PC Text modifications nor changes to the Original Agreement will cause any significant environmental impacts not previously considered and will not require any new mitigation measures. 77te proposed modifications represent minor technical changes to the Project. 1.6 Effect of Original Agreement. This Agreement is intended to modify the Original Agreement. The provisions of this Agreement which modify the Original Agreement are the only provisions intended to be modified. 77te use of a single document called an "amended agreement, 11 rather than the use of a list of modifications or amendments to be used in comparison to the Original Agreement, is intended to simplify future reference to this Agreement. 77te Fffective Date of this Agreement remains the original Effective Date of the Original Agreement, August 23, 1995. 77te Approval Date remains July 10, 1995. 1.7 Effective Date of Modifications. 77te provisions of this Agreement which represent actual changes from the Original Agreement shall become effective on the effective date of the ordinance approving this Agreement. 1.8 Purpose of Agreement. 17tis Agreement restates the intent of the Original Agreement as follows. a. Provide for the orderly transition of the land use on a property commonly known as the "Loral Site" from commercial/industrial uses to less intense residential uses. b. Establish the parameters of building height, density, location, and timing to minimize, to the extent reasonably feasible, any significant adverse impacts of Ford's proposed residential development on the environment. C. Provide the City with greater certainty that the project will be implemented as presently planned so that the City will receive the substantial economic benefits projected by the project's fiscal impact study. d. Provide public benefits to the City in excess of normal mitigation requirements in the form of (1) substantial financial assistance from Ford in resolving a long-standing traffic circulation issue in the Eastbluff community, (2) financing by Ford of extraordinary environmental monitoring of site remediation. and (3) the provision of assurances by Ford with respect to the funding and/or provision of affordable housing units within the City. 1.9 Authorization. This Agreement is authorized by, and is consistent with, the provisions of 65864 et seq. of the Government Code of the State of California, and Chapter 15.45 of the Newport Beach Municipal Code. 03D"&10011 F01331-=i 15774.21 1�6 1.10 Interest of Ford. Ford is the legal owner of approximately 98.1 acres of real property located in the City and more particularly described in Exhibit "A" (the "Property"). 1.11 Development of the Property. Subject to those conditions and mitigation measures identified in Environmental Impact Report No. 153 for Ford Land Newport (the "EIR") which were imposed by the City Council as conditions to approval of all or part of the Development Plan, this Agreement authorizes development on the Property consistent with the Development Plan. 1.12 Condition of Site. At the time of the Original Agreement, the Property was occupied by buildings constructed over the last thirty years to house research, design, and industrial types of uses. Since the Approval Date and as part of the Development Plan, Ford has demolished the existing structures. Additionally, prior activities on the site have resulted in soil and groundwater contamination. Efforts to remediate these conditions, which would' have been made by Ford with or without this Agreement, have moved substantially and positively forward since the Approval Date. 1.13 Project Benefits. While the landowner has the right to continue the presently permitted uses on the Property, existing circumstances present the City with the opportunity to establish, with the landowner's cooperation, new economically and environmentally viable uses on the Property. The proposed project presents a relatively unique opportunity to reduce the intensity of land uses occurring on the site. The EIR has demonstrated that the conversion of the existing research and development uses on the Property to residential uses will provide substantial benefits to the community through the improvement of environmental conditions related to traffic, air pollution, the potential for groundwater pollution, the consumption of non-renewable energy resources, and noise. Additionally, a review of the fiscal impacts of the proposed project indicates that the City will derive increased revenues from property and sales tax as a result of the proposed project. 1.14 Planning Commission/CitVCouncil Hearings, ThisArreement. The Planning Commission, after giving appropriate notice, held public hearings to consider this Agreement and the newly proposed PC Text amendments (see Section 2.29 below) on . 1996. The City Council conducted public hearings on the proposed PC Text amendments and this Agreement on 11996. 1.15 Consistency. Like the Original Agreement, this Agreement is consistent with the various elements of the Newport Beach General Plan, the Development Plan, and other applicable ordinances, plans, and policies of the City. Also like the Original Agreement, this Agreement is also consistent with the purpose and intent of state and local laws authorizing development agreements in that it represents Ford's commitment to comprehensive planning, provides certainty in the approval of subsequent projects subject to compliance with conditions, reduces the economic costs of development by providing assurance to Ford that it may proceed with projects in accordance with existing regulations, and provides assurance 050996.10011 F31331-OMI 15V4.21 4� to adjoining property owners that limits on the height of structures and amount of development as specified in the Development Plan. 1.16 Police Power. As it did with the Original Agreement, Cite City Council has determined that this Agreement is in the best interests of the health, safety and general welfare of the City, its residents and the public, was entered into pursuant to, and represents a valid exercise of, the City's police power, and has been approved in accordance with the provisions of state and local law that establish procedures for the approval of development agreements. 1.17 City Ordinance. On July 10, 1995, the City Council approved the Original Agreement and conducted the first reading of Ordinance No. 95-27 approving and authorizing the City to enter into the Original Agreement. On July 24, 1995, the City Council completed adoption of the Adopting Ordinance. The Adopting Ordinance became effective on August 23, 1995. On . 1996, the City Council approved this Agreement and conducted the first reading of Ordinance No. 96-_ approving and authorizing the City to enter into this Agreement. On . 1996, the City Council completed adoption of this ordinance. 2. DEFINITIONS. 2.1 The "Adopting Ordinance" refers to City Ordinance No. 95-27 adopted by the City Council on July 24, 1995, authorizing the City to enter into this Agreement. 2.2 "Agreement" refers to this "First Amended Development Agreement Between the City of Newport Beach and Pacific Bay Homes. // The Agreement is also identified by the City as the City's Development Agreement No. 8. 2.3 "Annual Review" refers to the review of 1~ord's good faith compliance with this Agreement as set forth in Section 6. 2.4 The "Approval Date" means July 10, 1995, the date on which the City Council voted to approve the Original Agreement and the prior Development Plan. 2.5 All forms of use of the verb "assign„ and the nouns "assignment" and "assignee" shall include all contexts of hypothecations. sales, conveyances, transfers, leases, and assignments. 2.6 "CEQA" and the "CEOA Guidelines" refers to the California Environmental Quality Act and the CEQA Guideline promulgated by the Secretary of Resources of the State of California. 2.7 " i " refers to the City of Newport Beach, California. 050996.1001 / F31331-M2 / 15774.21 4 MI 2.8 "Council" refers to the City Council of the City. 2.9 "Cure Period" refers to the period of time during which a Default may be cured pursuant to Section 9. 2.10 A "day„ or "days" refers to a calendar day, unless expressly stated to be a business day. 2.11 A "Default" refers to any material default, breach, or violation of the provisions of this Agreement. A "City Default" refers to a Default by the City, while a "Ford Default" refers to a default by Ford. 2.12 "Development Permit" means building permits, grading permits and other permits authorizing construction activity. 2.13 The "Development Plan" refers to (i) the General Plan (see Section 2.24), (ii) the PC Text (see Section 2.29), and (iii) the Tentative Map (see Section 2.33 below). 2.14 The "Effective Date" refers to the effective date of the Adopting Ordinance and is the effective date of this Agreement. The Effective Date is August 23, 1995. 2.15 The "EIR" refers to Environmental Impact Report No. 153 of the City of Newport Beach. 2.16 An "Estoppel Certificate" refers to the document certifying the status of this Agreement required by Section 6.6 in the form of Exhibit "D". 2.17 An "Exhibit" refers to an exhibit to this Agreement. All Exhibits are incorporated as a substantive part of this Agreement. The Exhibits to this Agreement are: Exhibit A: Legal Description of the Property Exhibit B: Map of the Property Exhibit C: List of Project Conditions Exhibit D: Estoppel Certificate 2.18 "Existing General Regulations" means those General Regulations approved by the City on or before the Approval Date (irrespective of their effective date) and not rescinded or superseded by City action taken on or before the Approval Date. 2.19 Financing District. "Financing District" for purposes of this Agreement means any assessment district, special district, community facilities district, maintenance district, or other similar district, legal entity, or mechanism formed pursuant to the provisions of legislation in effect at the time the Financing District is formed. The purpose of a Financing District is to finance the cost of public improvements, facilities, maintenance, or services. 050996•I00I/ r31331.002/ 15774.21 i] Li Examples include districts formed under the ;Municipal Improvement Acts of 1911 and 1913 and the Mello -Roos Community Facilities District Act of 1982. 2.20 "Ford" refers to Pacific Bay Homes, a subsidiary of Ford Motor Company. 2.21 "Future General Regulations" means those General Regulations (see Section 2.23 below) adopted by the City after the Approval Date. 2.22 The "General Plan Amendment" means GPA-93-2(A) amending the general plan of the City as approved by the City Council on July 10, 1995. 2.23 "General Reerrlations" means those ordinances, rules, regulations, policies, and guidelines of the City, which are generally applicable to the use of land and/or construction within the City and include, the Fair Share Traffic Contribution Fee Ordinance, Uniform Building Codes and water and sewer connection and fee ordinances. 2.24 "General Plan" refers to the City's General Plan in effect on the Approval Date, plus all amendments to the General Plan adopted by the City on or before the Approval Date as part of the Development Plan. "General Plan" also shall include any general plan amendments affecting the Property or the Project which are adopted by the City and consented to, in writing, by Ford. 2.25 "Includes" and all contexts and forms of the words "includes" and "including" shall be interpreted to also state "but not limited to." 2.26 "Mortgagee" refers to the holder of a beneficial interest under any mortgage, deed of trust, sale -leaseback agreement, or other transaction under which all or a portion of the Property, including those portions acquired by assignees, is used as security (a "Mortgage") or the owner of any interest in all or any portion of the Property under a Mortgage, including those portions acquired by assignees. 2.27 "Notice" refers to any written notice or demand between the Parties required or permitted by this Agreement. 2.28 77re "Original Agreement" refers to the Development Agreement for the Project which was approved on July 10, 1995, and recorded on September 26, 1995. This Agreement modifies the Original Agreement. 2.29 The "Original PC Text Amendment" refers only to the "Aeronutmnic Ford Planned Community District Regulation 1, as amended by the City Council on July 10, 1995. 2,30 The "Parties" refers to the City and Ford and a "PaM"" shall refer to either of the Parties. 050996.10011 F31331tW 115774.21 2 2.31 The "PC Text" refers to the "Aeronutronic Ford Planned Community District Regulation" as amended by the City Council on July 10, 1995, with the approval of Amendment No. 800, and all subsequent modifications of the PC Text which are approved by the City Council and Ford. 2.32 "Planning Commission" refers to the Planning Commission of the City. 2.33 The "Project" refers to the proposed development of the Property pursuant to the Development Plan and this Agreement. 2.34 The "Property" refers to the real property described on Exhibit "A" and depicted on Exhibit "B." 2.35 The "Tentative Man" refers to the tentative tract map for Tract No. 14925 approved by the City Council on July 10, 1995, and any subdivision map approved by the City Council after the Approval Date which substantially conforms with the PC Text at the time of the map's approval. If a subsequent subdivision map (or maps) replaces or supersedes TTM No. 14925, the new map(s) shall be considered the Tentative Map which is included within the Development Plan. 3. CONDTPIONS TO DEVELOPMENT. 3.1 Introduction. The provisions of this Section express the intent of the Parties regarding the extent to which this Agreement vests Ford's right to proceed with the development described in the Development Plan. Ford acknowledges that its right to proceed with development described in the Development Plan is subject to numerous conditions including the following: (a) The specific limitations and restrictions contained in the Development Plan; (b) Conditions and mitigation measures imposed by the City Council to mitigate significant effects identified in the EIR; (c) Conditions imposed by the City as a result of subsequent or supplement environmental analysis pursuant to provisions of CEQA and the CEQA Guidelines; (d) Compliance with the terms and conditions specified in this Agreement; and (e) Compliance with.the Existing General Regulations. 3.2 Compliance with Development Plan Conditions/MitigationMeasures. Ford acknowledges that City Council approval of the Development Plan and this Agreement was subject to compliance with numerous conditions and mitigation measures designed to minimize or 050996.10011 F31331-0021 15774.21 7 eliminate the significant adverse effects of the Project and insure the health, safety, and welfare of nearby residents as well as residents of the proposed project. Pursuant to CEQA, many of these conditions and mitigation measures impose specific development standards and requirements to be implemented in conjunction with further study and analysis of site or subsurface conditions before certain specked development activity. In certain instances, these mitigation measures may exceed those which might otherwise be appropriate under "nexus" and "rough proportionality" tests. By entering into this Agreement, Ford agrees to be bound by and waives any protest any such project conditions. The conditions and mitigation measures adopted by the City Council are set forth in Exhibit C. 3.3 Compliance with General Regulations. Ford is required to comply with the Existing General Regulations. As to those Existing General Regulations which require the payment of fees, costs, and expenses, for a development application, the applicable fee, cost, or expense shall be that in effect on the date such an application is determined by the City to be complete. Ford shall also comply with any Future General Regulation that does not impair or affect its ability to develop the Property in accordance with the Development Plan. Ford shall also comply with all provisions of the Uniform Building Code, whether adopted before or after the Approval Date, which are in effect at the time applications for specific development permits are submitted. 3.4 Water Capital Improvement Charges. Section 14.33.040 of the City's Municipal Code provides for the payment of a "water capital improvement charge" for lands designated pursuant to Section 14.33.030 of the Municipal Code. Section 14.33.040 of the Municipal Code relates only to system facilities that will be needed to serve an "undeveloped area." Because the Project consists of replacement of an existing use on a previously developed site which can be adequately served from existing City water facilities, Ford shall not be required to pay water capital improvement fees to the City. 3.5 Public Health and Safety/Uniform Codes. This Agreement shall not prevent the City from either (i) adopting Future General Regulations (including uniform codes which are based on recommendations of a multi -state professional organization and become applicable throughout City, such as, but not limited to, the Uniform Building Code, Uniform Electrical Code, Uniform Mechanical Code or Uniform Fire Code) or (ii) imposing conditions inconsistent with the Development Plan on future discretionary approvals, where such actions directly result from findings by the City that those actions are necessary to avoid consequences which are injurious or detrimental to the public health and safety. This reservation of authority is subject to the following: a. City shall neither (i) refuse to issue or approve any application or permit nor (ii) apply to the Project or the Property any conditions or Future General Regulations if such action would prevent, preclude, delay, alter, or in any way affect (in a manner not satisfactory to Owner) the implementation of all or any portion of the Development 050996.10011 F31331-002/ 15774.21 Plan until the City Council makes a finding that such action is the only reasonably necessary means to correct or avoid such injurious or detrimental condition. b. Any such action taken pursuant to this Section shall apply only to the extent and for the duration necessary to correct or avoid such injurious or detrimental condition. 3.6 Environmental Remediation. Certain portion(s) of the Property will require environmental remediation before occupancy. Subject to all other provisions of this Agreement, occupancy permits shall be issued by the City for those portions of the Property if Ford has complied with Mitigation Measures 4, 5, and 6 set forth in Section 3.10 (Public Health and Safety) of the EiR. 4. BENEFITS TO FORD. 4.1 Right to Develop. During the term of this Agreement and subject to the provisions of Sections 3 and 5, Ford shall have a vested right to develop and receive occupancy permits for construction on the Property to the full extent permitted by the Development Plan, including grading of the site as contemplated by the elevations shown on the Tentative Map, subject to: (a) compliance with CEQA, (b) the terms and conditions of this Agreement, (c) the City's grading ordinance in effect on the Approval Date, and (d) compliance with conditions imposed on any subdivision map submitted by Ford subsequent to the Effective Date, provided that the City may ,only impose subdivision map conditions which are (i) necessary to mitigate any significant adverse impact not identified in the EIR, (ii) necessary to ensure compliance with the subdivision design and improvement standards of the City in effect on the Approval Date, or (iii) necessary to make the findings required by the Subdivision Map Act. Subject to the provisions of this subsection and Sections 3 and 5, City shall only take action which complies with and is consistent with the Development Plan and this Agreement unless Ford otherwise consents in writing. City shall not impose any condition or requirement (whether in the form of a fee, tax, requirement for dedication or reservation of land, or any other type of exaction) on the Project, except as expressly permitted by this Agreement or required (as opposed to permitted) by state or federal law. 4.2 Conflicting Measures. Except as expressly provided in this Agreement, no initiative measure, moratorium, referendum (except as provided in Government Code Section 65857.5), ordinance, statute or other provision of law which in any way limits or restricts development of the Property to the full extent permitted by the Development Plan and this Agreement (including density, intensity, timing, phasing, and sequencing) shall be applied to the Property during the term of this Agreement. 4.3 Reservations or Dedications of Land. Except as expressly provided in this Agreement, no dedications or reservations of the Property shall be required of Ford in conjunction with the application or issuance of any permit authorizing development, construction, use, or operation of the Property. 05099&1001/ F31331.OD2/ 15774.21 0 4.4 TCA Credit. As a result of the reduction in traffic impacts generated by converting the Project site to less intense uses than presently exist, the Transportation Corridor Agencies (the "TCA") have acknowledged a credit to Ford in the amount of $3,436,966 in relation to the construction of the San Joaquin Hills Transportation Corridor. This credit shall be applied toward any Project fees otherwise payable to the City, the Transportation Corridor Agencies, or any other agency in connection with the construction of the San Joaquin Hills Transportation Corridor or any other transportation corridor for which fees are imposed upon development. If (i) this credit is larger than the Project's corridor fee obligation and (ii) Ford and the TCA enter into an agreement to allow Ford to sell or transfer any credits in excess of the Projects fee obligation, then the City shall not object to the sale or transfer of the credits on the terms set forth in that Ford/TCA agreement. 4.5 Fair Share Ordinances As a result of the reduction in traffic impacts generated by the Project and the traffic improvements included within the Project, no fees shall be payable for the Project under the City's "Fair Share" Traffic Ordinance. 4.6 Sewer Connection, The City shall provide sewer service to the Project through a connection to existing City sewer lines serving the adjacent Beicourt communities and the existing Loral site. City shall provide sewer facilities only to the boundaries of the Project and Ford shall pay any sewer connection or sewer service fees required by the Existing General Regulations. 4.7 Storm Drains. The City shall provide drainage capacity to the Project by allowing connection to existing City storm drains. 4.8 Park Fees. The Project shall comply with all City park requirements through the payment of .park fees in the amount of $6,897.37 per residential unit. Ford shall advance Five Hundred Thousand Dollars ($500,000) in park fees to the City within'sixty days after the Effective Date. The fees paid in advance shall be credited toward and satisfy park fees for the first seventy-three residential building permits issued for the Projecif. Thereafter, Ford shall pay $6897.37 per residential unit until all park fees required by this Agreement have been paid. These payments shall satisfy the City's Park Dedication Ordinance. No dedications or reservations of land except as expressly identified in the Development Plan shall be required of the Project. 4.9 Time for Construction and Completion of Project. Subject to the provisions of this Agreement and the Development Plan, Ford shall have the right to decide the timing, phasing, and sequencing of construction on the Property and shall be entitled to apply for, and receive timely approval of permits or approvals, at any time. 4.10 Extension of Tentative Map, To the extent permitted by law, the City shall extend through the term of this Agreement (pursuant to Government Code Section 66452.6) the Tentative 050996.1001 / F3031-00211s774.21 [to] Map (see Section 2.33 above) and all tentative subdivision maps applied for by Ford approved by the City in the future. 4.11 Phased Final Maps. As many as forty phased final maps may be filed for each tentative tract map approved for the Project. 4.12 Development Standards. Because this Development Plan has been prepared to meet the unique design parameters of this Project, the City Council has determined that rigid consistency with the City's development standards for other areas of the City is neither necessary nor appropriate. Therefore, as to this Project, the provisions of the Development Plan and this Agreement shall prevail over any conflicting provision of any other City ordinance or resolution. 4.13 Fees, Taxes, and Assessments. The City' shall not impose any additional fee, tax, or assessment on all or any portion of the Project or the Property, whether as a condition to a Future General Regulation or otherwise, except such fees, taxes, and assessments as are described in or required by this Agreement. Ford shall be responsible only for those fees, taxes, and assessments which presently are applicable to the Property under the General Regulations in effect on the Approval Date. Except as set forth in Section 4.8 above, the rates of such fees,,taxes, and assessments shall be the rates in existence at the time said fees, taxes, and assessments are normally required to be paid to the City. 5. PUBLIC BENEFITS. 5.1 Reduced Impacts. This Agreement confers •a substantial public benefit by converting an existing commercial/industrial use to a less intense residential use. The EIR for the Project has established specific improvement in environmental conditions related to reduced potential for impacts arising from traffic, air pollution, the consumption of non-renewable energy resources, the potential for groundwater pollution, and noise. 5.2 Fiscal Benefits. The project's Fiscal Impact Report projects that, at maximum Project buildout, the City will receive net recurring revenues of approximately $571,700 per year in constant 1995 dollars. The recurring surplus is based on projected annual Project revenues of $963,600 and projected annual costs of $391,000. 5.3 Affordable Housing. The City's Housing Element presently sets forth goals and strategies for providing housing units for very low, low, and moderate income housing ("Affordable Units"). The Housing Element requires residential developers to provide affordable units, either on -site or off -site, with the number of units contingent upon numerous factors including the presence or absence of development incentives, the extent of any financial contribution to the development by public entities, and the overall feasibility of providing affordable housing given the unique characteristics of the project. The Housing Element specifically 050996-10011 F31331.OM/ 15774.21 II SS encourages the use of development agreement and expedited permitting to encourage the construction and occupancy of affordable housing projects. The City and Ford agree that this development presents a unique opportunity, possibly in combination with a Development Agreement between the City and one or more other developers, to construct affordable housing on vacant sites within the City using a unique public/private planning and financing process outlined in this Section: a. Affordable Housing Percentage, The Housing Element requires projects such as this to provide, to the extent feasible, units affordable to moderate income families and individuals equal in number to between 15 %i and 25'% of the market rates units produced by the project. These units are to be provided for a minimum of twenty years. The City and Ford agree that the cost and delay attendant to environmental remediation of the Property, Ford's agreement to advance park fees, and the other public benefits provided by Ford under this Agreement make infeasible the production of affordable housing in excess of 15 % of the total number of residential units constructed pursuant to the Development Plan. b. Task Team Participation / In Lieu Fees. The Original Agreement contained a requirement for Foal to satisfy its affordable housing requirements by participating in a "Task Team" to be established by resolution of the City Council to identA evaluate, and implement one or more affordable housing projects to implement Ford's it fordable !rousing obligations under this Section. Since the Approval Date, Ford has actively participated in the Task Team, which is implementing its original goals as set forth in the Original Agreement. The requirement contained in the Original Agreement remains in place and reads as follows: "b. Task Team Participation / In Lieu Fees. Ford shall satisfy its affordable housing requirements by participating in a "Task Team" to be established by resolution of the City Council to identify, evaluate, and implement one or more affordable housing projects to implement Ford 's affordable housing obligations under this Section. The Task Team shall consist, at a minimum, of a member of the City Council, a representative of Ford , and members of the City staff. The City Council also may appoint to the Task Team representatives of other property owners, builders, or persons experienced in the development of affordable housing. Ford shall make available to the Task Team its experience and expertise in land development upon reasonable request by the Task Team. The Task Team shall submit to the City Council a statement of goals and priorities within ninety days after the later of (i) the Effective Date or (ii) the appointment of the Task Team by the City Council. The Task Team shall have a single term of two years, unless extended by mutual agreement of the City and Ford. The Task Team shall report to the City Council no less than W0996.10011 F31331-002115774.21 12 CVn once every ninety days after submittal of its statement of goals and priorities. The goal of the Task Team shall be to submit to the City Council, within two years after the Effective Date, a report identifying one or more affordable housing projects to be funded in whole or in part by Ford. If a project is identified and implemented, Ford shall contribute $2,500,000 (less $5,000 for each of the 500 units allowed by the Development Plan which Ford agrees, in writing, not to build) toward the implementation of that project. Subject to Ford's ongoing participation in Task Team implementation efforts, payment of this sum will satisfy Ford's affordable housing obligations. "c. Option If No Task Team Project. If either (i) the CityCouncil does not require Ford to financially contribute to implementation of a Task Team project as described in Subparagraph b above or (ii) the Task Team does not recommend implementation of an affordable housing project to satisfy Ford's affordable housing requirement, then Ford shall have the option, within sixty days after the term of the Task Team expires, to satisfy that requirement by notifying the City that it will either: i. construct or rehabilitate offsite residential units within the City and make those units affordable to moderate income families or individuals for 20 years or more from the date of occupancy; or H. pay an affordable housing in lieu fee of $5,500 for each residential building permit issued within the Project; or iii. construct fewer than the number of affordable units required under Subsection c(i) above and pay an affordable housing in lieu fee equal to: • $5,500 for every residential building permit issued for the Project minus • $36,000 multiplied by the number of affordable units constructed and/or refurbished by Ford. Under this option, Ford's affordable housing in lieu fee shall not be less than twenty percent of its total financial commitment." 5.4 Environmental Monitorine. Due to existing soil and groundwater contamination on the Project site, before residential occupancy can occur on the site, Ford is required by law, as OM6.1001 I F31331-002 / 15774.21 13 STI well as by the City's conditions and mitigation measures for the Project, to obtain approvals from other public agencies, such as the Regional Water Quality Control Board and the Orange County Health Care Agency ("County Health'). By this Agreement, Ford also will pay for the cost of an environmental monitor to be retained by the City to review all Ford submittals to those agencies. Ford shall provide the monitor with copies of all submittals concurrently with their delivery to those agencies. Additionally, if requested by the monitor, Ford shall provide to the City the underlying data which supports Ford's request to County Health for a Health Risk Assessment of the Project site. The City may have either the monitor or another consultant review and independently verify the accuracy and validity of the Health Risk Assessment and analysis and conclusions and correspond, if needed, to County Health before its final action. The monitor shall not perform any independent collection of data. The monitor performing this function may be the same or may be different than the monitor performing the general overview described in the first paragraph above. In performing either function, the monitor may report his or her fmdings to the City Council and the City Council, in turn, may take any action it deems appropriate which is not inconsistent with this Agreement. The selection of the monitor and the data consultant and their scope of work shall be subject to the mutual approval of the City and Ford. Any inconsistency between this provision and any mitigation measure for the Project shall be resolved in favor of the mitigation measure. 5.5 Eastbluff Traffic. The Eastbluff community in the vicinity of the Project site has had a historical concern regarding the impact of through traffic on its streets. The IIR has concluded that the Project will not contribute sufficient through traffic to constitute a significant impact on this existing problem. Further, Ford has no legal obligation to correct the existing problem and the City has no authority independent of this Agreement to impose a condition requiring Ford to correct the existing problem. Pursuant to this Agreement, however, Ford shall contribute to the solution to the existing traffic problem as follows: a. The determination of a solution shall be dependent upon an agreement between the Eastbluff community and the City. b. If the "solution" costs $50.000 or less: i. Ford will pay one -hundred percent of the total cost of the capital improvements/traffic studies (as opposed to long-term maintenance) of the solution as actually implemented: or If the "solution" costs more than 550.000: 050996.1001 1 F31331-M 115774.21 14 Ford will pay one-third of the total cost of the capital improvements/traffic studies as actually implemented, with a minimum payment of $50,000 and a maximum payment of $75,000. C. Ford will not be required to make a deposit of funds until a "solution" actually is approved by the City for implementation. Any funds actually deposited but not used to implement the solution shall be returned to Ford. d. If the City and the Eastbluff community have not agreed on a "solution" within one year from the Effective Date and the date for agreement has not been extended by Ford, this obligation shall terminate. e. If a lawsuit is brought by any person or entity challenging any of the Ford approvals on the basis of the Eastbluff traffic conditions and that lawsuit is not terminated within thirty days after service, the provision requiring Ford's contribution to the traffic solution will terminate. 5.6 Drainage. Concerns have been expressed in the public process regarding the impacts of the Project's drainage on nearby residential communities. The EIR has established that the Project will not have any significant drainage impacts on any other residential communities. Nonetheless, pursuant to this Agreement Ford will take the following actions: a. Upon formation of the Master Community Association, the conditions, covenants, and restrictions will provide that: i. All structures shall have gutters and downspouts; U. The Master Association shall routinely maintain the onsite storm drain system to facilitate proper operation of the system; and iii. The submittal of landscape plans for each individual lot shall provide that water from downspouts will be transported to the street through an appropriate collection system. b. The Project site will be graded so that surface drainage will flow to the streets where it will be collected and channeled into a closed storm drain system. 5.7 Belcourt Terrace Landscape Screen. This Agreement as originally recorded on September 26, 1995, contained a Section 5.7 which imposed certain obligations upon Ford with respect to the establishment of a landscape screen along the boundary of the Property and the Belcourt Terrace project adjacent to the Hillsdale Drive 'boundary wall. Since the recording of the Agreement, that condition has been satisfied by the signing of a Landscape Screening 05099&10011 F31331-0021 15774.21 15 Agreement between Ford and the Belcourt Terrace Homeowners Association (the "Association "). " 6.1 City and Ford Responsibilities. At least every twelve (12) months during the Term, the City shall review Ford's good faith substantial compliance with this Agreement (the "Annual Review"). After the Annual Re%iew, the City's finding of good faith compliance by Ford shall be conclusive for the purposes of future Annual Reviews or legal action between the Parties. Either Party may address any requirements of the Agreement during the Annual Review. However, fifteen (15) days' written Notice of any requirement to be addressed shall be made by the requesting Party. If, at the time of the review, an issue not previously identified in writing is required to be addressed, the review shall be continued for no more than sixty days at the request of either Party to afford sufficient time for analysis and preparation of a response. 6.2 oortuni!y to be Heard. Ford shall be permitted an opportunity to be heard orally and in writing at any noticed public hearing or meeting related to the Annual Review. 6.3 Information to be Provided to Ford. The City shall mail to Ford a copy of the staff report and related exhibits concerning :agreement performance a minimum of fifteen (15) days before the Annual Review, 6.4 Mitigation Monitoring. The Annual, Review shall include an analysis of compliance with the various conditions and mitigation measures contained within the mitigation monitoring plan. Ford shall be found in compliance with this Agreement unless the City Council determines, based upon the evidence presented at the Annual Review, that Ford has not complied with one or more mitigation measures or conditions including those imposed as a result of subsequent environmental analysis. applicable to the grading of, and building on, the Property as of the date of the Annual Re% iew. 6.5 Review Letter. a. After Finding of Compt;ance. If Ford is found to be in compliance with the Agreement after the Annual Review, the City shall issue, within ten (10) days of Ford's written request, a letter to Ford stating that the Agreement remains in effect and Ford is not in Default. b. After Cure of Default. If Ford is found to be in Default under this Agreement at the Annual Review, but subsequently cures that default in the manner provided by this Agreement, the City shall issue, within ten (10) days of Ford's written request, a letter to Ford stating that the Agreement remains in effect and Ford is not in Default. 050996.1001 / F31331-M / 15774,21 16 t 6.6 Estoppel Certificate. Either Party may at any time deliver written Notice to the other Party requesting an estoppel certificate (the "Estoppel Certificate") stating: (a) The Agreement is, in full force and effect and is a binding obligation of the Parties. (b) The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. (c) To the best of the signing Party's knowledge, no Default in the performance of the requesting Party's obligations under the Agreement exists or, if a Default does exist, the nature and amount of any Default. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) days after receipt of the request. The Planning Director may sign Estoppel Certificates on behalf of the City. An Estoppel Certificate may be relied on by assignees and Mortgagees. The Estoppel Certificate shall be substantially in the same form as Exhibit "D." 6.7 Failure to Conduct Annual Review. The City's failure to conduct an Annual Review shall not constitute or be asserted by the City as Ford's Default. 7. GENERAL PROVISIONS. 7.1 Effective Date. This Agreement and the obligations of the Parties shall be effective as of the Effective Date. However, this Agreement shall bind the Parties as of the Approval Date, subject only to the Adopting Ordinance becoming effective pursuant to California law. 7.2 Term of Agreement. The term of this Agreement (the "Term") shall begin on the Effective Date and continue for twenty-five (25) years unless otherwise terminated or modified pursuant to this Agreement. 7.3 Assignment. Ford has the absolute right to assign (see Section 2.5) its rights and/or delegate its obligations under this Agreement as part of an assignment of all or a portion of the Property. Any assignment shall be subject to the provisions of this Agreement. As long as Ford owns any part of the Property, Ford may assign the benefits of this Agreement without delegating the obligations for the portion of the Property assigned. If that occurs, however, the benefits assigned shall remain subject to the performance by Ford of the corresponding obligations. Where an assignment includes the delegation of the corresponding obligations, those obligations become solely the obligations of the assignee. If an assignee is in Default, then as to Ford or any assignees not in Default, the Default shall not constitute their Default, give 050996-1001 / F31931-OM / 15774.21 17 b1 grounds for termination of their rights under this Agreement or be a basis for an enforcement action against them. Under no circumstances, shall Ford be relieved of its obligations under Sections 5.3, 5.4, 5.5, and 5.6. 7.4 Amendment of Agreement. (a) Subject to the provisions of Subsection (b), this Agreement may be amended from time to time by the mutual consent of the Parties, or their successors in interest, but only in the manner provided by the Goverment Code and this Agreement. After any amendment, the term "Agreement" shall refer to the amended Agreement. (b) The City Council shall not approve, and Ford shall not request, any amendment to the provisions of the Development Plan or this Agreement that would increase the maximum permitted gross floor area or the maximum permitted building height above that established as of the Effective Date of this Agreement. This Subsection shall prevail over any conflicting ordinance, resolution. policy or plan adopted by the City Council. 7.5 Enforcement. This Agreement is enforceable by each of the Parties and their respective successors and assigns. 7.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the twenty-five (25) year term; (b) Completion of the Project in accordance with the Development Plan and the City's issuance of all occupancy permits necessary to fully implement the Project, the acceptance of all dedications required by this Agreement, and the satisfaction by Ford of its obligations under Sections 5.3, 5.4, 5.5, and 5.6 above. (c) Entry, after all appeals have been exhausted, of a final judgment or issuance of a final order directing the City to set aside, withdraw, or abrogate the City's approval of this Agreement or any material part of the Project; or. (d) The effective date of a Party's election to terminate the Agreement as provided in Section 9.3 of this Agreement. 05D"6.1001 I F313314021 15774.21 1H 6_1 8. CONFLICTS OF LAW. 8.1 Conflict with State and Federal Laws and Re laug tions. Where state or federal laws or regulations prevent compliance with one or more provisions of this Agreement, those provisions shall be modified, through revision or suspension, to the extent necessary to comply with such state or federal laws or regulations and the modified Agreement shall remain in effect, subject to the following: (a) the City shall not request modification of this Agreement pursuant to this provision unless and until the City Council makes a finding that such modification is required' (as opposed to permitted) by state and federal laws or regulations; (b) the modifications must be limited to those required (as opposed to permitted) by the state or federal laws; (c) the modified Agreement must be consistent with the state or federal laws or regulations required modification or suspension; (d) the intended material benefits of this Agreement must still be received by each of the Parties after modification; (e) neither the modification nor any applicable local, state, or federal laws or regulations, may render the modified Agreement impractical to enforce; and (f) Ford consents in writing to the modification. Ford shall have the right to seek judicial review of any proposed modification to ensure compliance with this Section. 9. DEFAULT REMEDIES AND TERNIIT 4TION. 9.1 General Provisions. In the event of a Default (see Section 2.11), the Party alleging a Default shall give the other Party a written Notice of Default. The Notice of Default shall specify the nature of the alleged Default, and a reasonable manner and sufficient period of time (not less than thirty (30) days) in which the Default must be cured (the "Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purpose's of termination of the Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then a Default shall be deemed not to exist. 9.2 0Q3tion to Institute Legal Proceedings or to Terminate. If an alleged Default is not cured within the Cure Period, the noticing Party must give the defaulting Party a Notice of intent to terminate the Agreement if that Party intends to terminate the Agreement. Within thirty 050996.1001/ F31331-OM/ 15774.21 19 MM (30) days after giving of the Notice, the City Council shall hold a public hearing in the manner set forth in Government Code Sections 65865,65867, and 65868, as amended, to consider and review the matter. This hearing shall utilize the procedures outlined for the Annual Review in Section 6 above. 9.3 Notice of Termination. After the City Council hearing described in Section 9.2, the Party alleging the Default, at its option, may give written Notice of termination of the Agreement to the other Party and the Agreement shall be terminated immediately upon giving the Notice. A termination shall be valid only if good cause exists and cleat and convincing evidence was presented to the City Council to establish the continued existence of a Default after the Cure Period. The findings of the City Council as to the existence of a Default shall have no weight in any legal proceeding brought to determine the existence of a Default. The validity of any termination may be challenged pursuant to Section 11.17, in which case the court shall render an independent judgment as to the existence of a Default and good cause for termination. Termination may result only from a material Default of a material provision of this Agreement. 9.4 Waiver, Failure or delay in giving Notice of Default shall not waive a Party's right to give future Notice of the same or any other Default. 9.5 Default by Ford. Subject to and after termination of this Agreement in compliance with Sections 9.1 through 9.3, if Ford Defaults, the City shall have no obligation to perform any of City's obligations under this Agreement (as opposed to the City's obligations under the Development Plan and the General Regulations), unless otherwise ordered by a court of law. The City's election not to perform as permitted by this provision shall not constitute a Default. 9.6 Default by the City. Subject to and after termination of this Agreement in compliance with Sections 9.1 through 9.3, if the City Defaults, Ford shall have no obligation to perform any of Ford's obligations under this Agreement, unless otherwise ordered by a court of law. Ford's election not to perform as permitted by this provision shall not constitute a Default. 9.7 Specific Performance. The Parties agree that the loss by either of them of their respective rights under this Agreement may not be compensable through monetary damages. Therefore, the remedy for a Default for each Party shall be limited to specific performance and/or injunctive relief. This provision applies only to actions related to the Parties' performance under this Agreement and does not limit the remedies of either Parry under any other provision of law. 030996.10011 F31331.002113774.21 20 WA 10. ENCUMBRANCES AND RELEASES ON PROPERTY. 10.1 Discretion to Encumber. Ford may encumber all or any portion of the Property in any manner. The City acknowledges that lenders providing financing may require technical modifications to the Agreement which do not materially alter the intent of the Parties. The City agrees to meet, upon request, with Ford and/or lenders to negotiate in good faith any lender request for modification. The City agrees to not withhold unreasonably its consent to such modification, provided the proposed modification does not materially alter the terms and provisions of this Agreement, the obligations imposed upon either Party, or the benefits received by either Party. 10.2 Entitlement to Written Notice of Default. Any Mortgagee and its successors and assigns, upon written request to the City, shall be entitled to receive from the City written Notice of any Ford Default at the same time Ford is provided with Notice pursuant to'Section 6.1. 11. MISCELLANEOUS PROVISIONS. 11.1 Notices. All Notices (see Section 2.27) shall be written and delivered by personal delivery (including Federal Express and other commercial express delivery services providing acknowledgments or receipt), registered, certified, or express mail, or telegram to the addresses set forth below. Receipt shall be deemed complete as follows: (a) For personal delivery, upon actual receipt; (b) For registered, certified, or express mail, upon the delivery date or attempted delivery date as shown on the return receipt; and Notices shall be addressed as follows: To the City: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Attention: City Attorney Attention: Planning Director To Ford : Pacific Bay Homes Attn: Karin T. Krogius 18400 Von Kaman, Suite 900 Irvine, California 92715 050996-1001 1 F31331-0021 15774.21 21 With a copy to: Tim Paone Paone, Callahan. McHolm & Winton 19100 Von Karman, 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 The addresses to which Notices shall be sent may be changed by giving Notice of a new address. 11.2 Enforced Delay: Extension of Time of Performance. Neither Party shall be deemed to be in Default where delays or non-performance are due to war. insurrection, strikes, walkouts, riots, floods, earthquakes, fires, oil spills, casualties, a.-u of nature, unavailability of materials, governmental restrictions imposed or mandated by governmental entities, suspension of rights in accordance with the existence of unforeseen circumstances, litigation, or similar bases for excused performance. An extension of time for performance shall be deemed granted for the period of the delay, or longer as may be mutually agreed upon. 11.3 Sevembilfty. If any material part of the Agreement is found by a court to be invalid, void, or illegal, the Parties shall modify the Agreement to implement the original intent of the Parties. These steps may include the waiver by either of the Parties of their right under the unenforceable provision. If, however, the Agreement ob:ectively cannot be modified to implement the original intent of the Parties and the Pam substantially benefitted by the material provision does not waive its rights under the unenforceable provision, the entire Agreement shall become void. For purposes of this Section, and without excluding the possible materiality of other provisions of this Agreement. 21 provisions of Section 4 and 5 are deemed "material." 11 A Entire Agreement. This Agreement constitutes the entire understanding and Agreement of the Parties regarding the subject matter of this Agreement. This Agreement supersedes all negotiations and previous agreements between the Parties regarding that subject matter. 11.5 Waivers. All waivers of the provisions of this Agreement must be in writing and signed by the Party making the waiver. 11.6 Incorporation of Recitals. The Recitals set forth in Section I are part of this Agreement. 11.7 Covenant of Good Faith and Fair Dealing. Neither Party stall do anything which shall have the effect of harming or injuring the right of the other Pam• to receive the benefits of this Agreement. 050996•IDOI I F31334002115774.21 22 66 11.8 Covenant of Cooperation. The City shall help Ford obtain any permits from either the City or other public agencies which may be required for development of the Project or as a result of any modifications, suspensions, or alternate courses of action allowed by this Agreement. Ford may challenge any such ordinance. measure, moratorium, or other limitation in a court of law if it becomes necessary to protect the development rights vested in the Property pursuant to this Agreement. 11.9 Further Actions and Instruments. Upon the request of either Party, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 11.10 Successors and Assigns. Subject to Section 7.3 above, the burdens of this Agreement shall be binding upon, and the benefits of the Agreement inure to, all successors -in -interest and assigns of the Parties. 11.11 Construction of Agreement. All language in all parts of this Agreement shall be construed as a whole and given its fair meaning. The captions of the paragraphs and subparagraphs are for convenience only and shall not be zonsidered or referred to in resolving questions of construction. This Agreement shall be govemed by the laws of the State of California. This Agreement is not intended to impermissibly contract away the legislative and governmental functions of the City, and in particular. the City's police powers or to surrender or abrogate the City's governmental powers over the Property. 11.12 Authority to Execute. The person exec.:ting this Agreement on behalf of Ford warrants and represents that he/she has the authority to do so and the authority to bind Ford to the performance of Ford's obligations under this Agreement. 11.13 Consent. Any consent required by the Parties in carrying out the terms of this Agreement shall not unreasonably be withheld. 11.14 Effect on Title. This Agreement shall ::or continue as an encumbrance against any portion of the Property as to which this Agreement has terminated. 11.15 Recording. The City Clerk shall cause a copy of this Agreement to be executed by the City and recorded in the Official Records of Orange County no later than ten (10) days after the Effective Date. The recordation of this Agreement is deemed a ministerial act and the failure of the City to record the Agreement as required by this Section and Government Code Section 65868.5 does not make the Agreement timid or ineffective. 11.16 Institution of Legal Action. In addition to any other rights or remedies. either Party may institute legal action to cure, correct, or remedy any Default, to enforce any provision of this 050996-10011 F31331-M1 15774.21 Agreement, to enjoin any threatened or attempted violation of this Agreement, to recover damages for any Default, or to obtain any remedies consistent with the purpose of this Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California. 11.17 Attorneys' Fes. In any arbitration, quasi-judicial, administrative, or judicial proceeding between the Parties initiated with respect to this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all costs, expenses, and disbursements in connection with such action. 11.18 No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement or to any provision of this Agreement, including the public benefit provisions of Section 5. Date: , 1996 CITY OF NEWPORT BEACH By: Mayor Date: , 1996 PACIFIC BAY HOMES By: 050"&10011 F31331.002115774.21 24 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 June 11, 1996 Cathy Young Paone, Callahan, McHolm & Winton 19100 Von Karman Avenue 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 Re: Latest Draft of Pacific Bay Homes (Ford) Development Agreement Dear Cathy: I have no problem with the proposed modifications to the Pacific Bays Homes Development Agreement. RB:wb CC: Sharon Wood Patti Temple wb\young.1tr Very truly yours, Robert H. Burnham City Attorney 3300 Newport Boulevard, Newport Beach �� RESOLUTIONNO._ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENTNO.8 WHEREAS, the State Legislature and the City Council have determined that the lack of certainty in the approval of developmentprojects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and WHEREAS, the assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planting, and reduce the economic costs of development; and WHEREAS, California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal, or equitable interest in real property for the development of the property; and WHEREAS, Chapter 15.45 of the Newport Beach Municipal Code provides requirements and proceduresfor the amendmentof developmentagreements; and WHEREAS, the First Amendment to Development Agreement No. 8 has been prepared in compliance with state law and the Newport Beach Municipal Code, and WHEREAS, in compliance with state law and city ordinance, a duly noticed public hearing was held by the Planning Commission to consider the First Amendment to Development AgreementNo, 8; and WHEREAS, the Planning Commission finds that the Amendment is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder; and WHEREAS, the Planning Commission finds that said Amendment is in conformance with rite Newport Beach General Plan; and WHEREAS, the adoption of the Development Agreement Amendment will not preclude the City from conducting future discretionary reviews in connection with the project, nor 10 would it prevent the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the project infeasible. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach hereby recommends City Council approval of the First Amendment to Development Agreement No. 8. ADOPTED this 20th day of June , 1965, by the following vote, to wit: M NOES ABSENT BY TOD' W. RIDGEWAY CHAIRMAN BY MICHAEL C. KRANZLEY SECRETARY Attachment: Exhibit I: First Amendment toDevelol PLT,C.\AISOfFiCC\WiNWORD\PC\RES•DAS.DOC RESOLUTIONNO. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE AERONUTRONIC FORD PLANNED COMMUNITY (PLANNING COMMISSION AMENDMENT NO.848) WHEREAS, as part of the developmemand implementation of the Newport Beach General Plan the Land Use Elementhas 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, the proposed Planned Community District Regulations are consistent with the Newport Beach General Plan; and WHEREAS, an Environmental Impact Report has been previously certified for the project consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, and the information contained therein is considered adequate for the proposed amendments to this Planned Community Text, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend to the City Council an amendment to the Aeronutronle Ford Planned Community District Regulations and Development Plan as attached hereon ns Exhibit 1. ADOPTED this 20th day of June ,1962, by the followingvote, to wit: l':� A ABSENT BY Tod W. Ridgeway, CHAIRMAN BY Michael C. Kranzley, SECRETARY Attachment: Exhibit I PLT:..c:IAtSOrFICC\WINWDRD\PMAIDW48RES.DOC r13 PLANNING COMNIISSION PENDING AGENDA August 8,1996 1. SUBJECT: My Gym (Richard Altman, applicant) 4250 Scott Drive, # M & O SUMMARY: Approve a use permit to allow the establishment of a recreational facility specializing in-children's fitness. APPLICATION: Use Permit No. 3590 2. SUBJECT: Temple Bat Yahm (Bernard Rome, applicant) 1011 Camelback Street SUMMARY: The applications will allow a 40,000 sq.ft. increase in entitlement to permit: the expansion of the existing sanctuary; addition of three pre-school classrooms; addition of administrative offices; construction of ten new classrooms for religious instruction; and the construction of a 12,720 sq.ft. chapel. APPLICATION: General Plan Amendment No. 96-1B Amendment No. 852 Use Permit No. 1892 (Amended) Traffic Study No. 109, and Acceptance of an Environmental Document 3. SUBJECT: Pacific Bay Homes 2300 Jamboree Road SUMMARY: Subdivision of a parcel of land into 404 numbered lots, 50 lettered lots and a parcel of land for roadway dedication in conjunction with a residential development. APPLICATION: Tentative Map No. 15332 4. SUBJECT: IPO Capital, Inc. (John Clarey, applicant) 1209 North Bay Front SUMMARY: Conversion of a residential duplex into a two -unit condominium project, on property located in the R1.5 District. APPLICATION: Condominium Conversion No. 28 5. SUBJECT: Scot Martin, Architect 600 Larkspur SUNEW"Y: Construction of a single family dwelling and attached garage which exceeds the allowable floor area. Also included is a modification to the Zoning Code to allow the building to encroach 7 feet into the required 10 foot rear yard setback. APPLTCATTON: Variance No.1210 .2. CITY OF NEWPORT BEACH PLANNING DEPARTMENT July 20, 1995 TO: Genia Garcia FROM: John Douglas SUBJECT: Ford Land Newport Archaeo/Paleo Monitoring Genia, the standard mitigation measurelcondition for archaeo/paleo monitoring was inadvertently omitted from the on the Ford site. However, City Council Policies K-5 and K-6 apply to this property and must be satisfied during grading operations. Please ensure that all grading plans for the project contain such conditions. Call me if you need anything further. cc: Pat Brown, RGC F:\WINDOWSIPLANNINGUOFIN-DIFORDIGL'NtA11M 0 COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA ne: / 111 ss: CA \ E7 , as: ,us ' V\ 18 Park mass hiL"k,"141.V v„ PLANNIAG DEPARTMEN t CITY OF NEWPORT BEACH August 16, 1996 AM AQ 2 21996 PM City of Newport Beach 7A9000102i1AM1516 Planning Department f1 3300 Newport Blvd. Newport Beach, CA 92658 SUBJECT: Sewer Service for Tentative Tract No. 15011 The purpose of this letter is to satisfy Condition No. 20 of Tentative Tract 15332, a 404 unit tract east of Jamboree Road between Ford Road and Bison Avenue. "That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Utilities Department, Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Oranqe County Sanitation District and the City's Utilities Department." County Sanitation District No. 5's sewer facilities are adequate to serve this Director of Engineering DAUTMD:jrs J:\WPDOGNENG\TMD\PLANNING\081696.L1 cc: Adams - Streeter i A Public Wastewater and Environmental Management Agency Committed to Protecting the Environment Since 195,4 COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA YICAILY V IG:b1 L. tMEENNPPNS• PLANNING DEPA4 TWIENI t"ITY OF NEWPOR-1 BEACM August 22, 1996 AN T,Uas u u 1996 Phi ne: 71819110111112111213141516 City of Newport Beach Planning Department as: 3300 Newport Blvd. CA Newport Beach, CA 92658 0 27 ss: SUBJECT: Sewer Service for Tentative Tract No. 15011 We CA �a The purpose of this letter is to satisfy Condition No. 20 of Tentative Tract 15332, a 404 unit tract east of Jamboree Road between Ford Road and Bison Avenue. • "That prior to issuance of any grading or building permits for Cities the site, the applicant shall demonstrate to the satisfaction of the Utilities Department, Public Works Department and the sheim area Planning Department that adequate sewer facilities will be { Perk press available for the project. Such demonstration shall include uelley verification from the Orange County Sanitation District and tartan 5esan the City's Utilities Department." Jrvine tlhhn Ilme County Sanitation District No. 5 sewer facilities are adequate to serve this eproject. ;Haanch , p roj Inge \ Inds , Ana Win nton W ISdn °ark IC inda D vid A. Ludwin, P.E. , Director of Engineering DAL:TMD:jrs/dl J:\WPDOC\ENG\TMD\PLANNINGkOB1696.L1 c: Adams • Streeter 5 Corporate Park Irvine, CA 92606 I �, A Public Wastewater and Environmental Management Agency Committed to Protecting the Environment Since 1954 ®ENVIRONMEL NTASERVICES CONSORTIUM, INC. wee Part of the Environmental Management Services Group of Companies 4401 A%4, C AvEtiUE °Hc .__. 310-984.2079 c 200 F 310•984.2001 cA 90807 tiivnU ut www.en;iroservices.com 22 October 1996 pLANN14G WA VE%' ESCI96-ADWCNB-04 CITY OF NEWPOR7 BEACt1 OCTAM 2 51996 PIA City of Newport Beach �9���vi��� 121�1415i6 P.O. Box 1768 !. Newport Beach, CA. 92658-8915 Attention: Ms. Genia Garcia Associate Planner SUBJECT: ANNUAL REVIEW OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND PACIFIC BAY HOMES (FORD MOTOR LAND DEVELOPMENT) Dear Ms. Garcia: In accordance with your request, this letter has been prepared to provide you with an update of the status of environmental activities associated with the redesignation and redevelopment of the former Ford Aeronutronic/Loral property (Site) from use as an industrial to a residential site. BACKGROUND As you are aware, the Site was historically used for aerospace and defense -related activities that included the use of a variety of hazardous substances. The use of these chemicals resulted in soil and groundwater contamination at the Site. Ford Motor Land Corporation (FMLC) retained an environmental consulting firm, Geraghty & Miller, Inc. (G&M) to investigate the extent of the soil and groundwater contamination, conduct health risk assessments to evaluate whether such contamination posed public health issues, and develop and implement a soil and groundwater remediation plan. These activities have been conducted under the authority and requirements of state and local environmental regulatory agencies, primarily the Santa Ana Regional Water Quality Control Board (RWQCB) and the Orange County Health Care Agency (OCHCA). The City of Newport Beach retained Environmental Services Consortium, Inc. (ESCI - formerly Environmental Management Services [EMS]) to act as a monitor for the project on behalf of the City. As the City monitor, ESCI initially reviewed the research related to Site usage and the resulting identification of "Areas of Potential Environmental Concern" (APECs) and the associated soil and groundwater investigation activities that had been conducted by G&M, participated in the preparation of the Environmental Impact Report, and attended meetings with the involved regulatory agencies. ESCI reviewed, and continues to review and evaluate all • Assisting Industry and Government to Achieve Competitive Environmental and Economic Advantage associated project reports and agency communication, and provides recommendations on behalf of the City, where appropriate. This included the review and reevaluation of the health risk assessments that had been prepared for the Bayridge and Belcourt areas, current residential areas that had formerly been part of the Site. In addition, ESCI participated in the onsite building decontamination activities that were performed as part of the pre -demolition phase of the project. r JCURRENT PROJECT STATUS Demolition Activities Facility decommissioning activities included pre -demolition building decontamination of regulated materials. This has been completed. This activity comprised the removal of building components that constituted hazardous waste, or that were environmentally regulated in some manner, and the decontamination of building surfaces. This activity was conducted in accordance with procedures specified in a Project Demolition Manual submitted to the City by FMLC. ESCI participated in the onsite building decontamination activities, and co -signed the Pre -Demolition Building Certifications issued for each of the buildings at the Site. Soil and Groundwater Remediation Activities Soil remediation activities at the Site are essentially completed. This activity was conducted under the oversight of the RWQCB and OCHCA, and in accordance with health -based cleanup levels (HBCLs) (levels evaluated to be protective of human health) that were developed by Ford and G&M, reviewed by ESCI on behalf of the City of Newport Beach, and approved by the OCHCA. Isolated areas of shallow soil contamination, comprising primarily petroleum hydrocarbon contamination, were encountered during the Site demolition activities and most recently during the grading process. These areas were identified in accordance with procedures specified in the Demolition Sampling Plan, and remediated in accordance with the previously referenced HBCLs. Additional areas of contaminated soil that may possibly be encountered during the final grading and Site preparation activities will be managed in the same manner. Onsite groundwater remediation has been conducted under the authority of the RWQCB, and in accordance with a Groundwater Remedial Action Plan (RAP) approved by the RWQCB. The RAP addresses groundwater impacts in the main area or the northern portion of the Site, and in the southern area of the Site, formerly known as the "ATC" area. Based on recent data prepared by G&M and reviewed by ESCI, groundwater remediation conducted in the northern area of the Site appears to be complete and the remediation system has been temporarily shut down pending a letter of concurrence from the RWQCB. The RWQCB has indicated that it may require ongoing monitoring even if groundwater remediation is deemed to be completed for this area. The response from the RWQCB is anticipated witliin two to three weeks from the date of this letter. Contaminated soil that was the source of groundwater contamination in the southern, or former ATC area at the Site was removed, and ongoing groundwater monitoring for this area is currently required by the RWQCB. ESCI96-ADIWCNB-04 2 ESCI UPDATE - CNB Offsite groundwater contamination found to be present to the north of the Site is being addressed as a separate issue by FMLC and the RWQCB. G&M, on behalf of FMLC, will be conducting a feasibility study over the next few months regarding this issue. Health -Risk Assessments Human health risk assessments for the Belcourt and Bayridge areas were prepared by G&M, reevaluated by ESCI, and reissued by G&M on behalf of FMLC. Soil and groundwater contamination in these areas were found to pose no risk to human health. The risk assessment reports were submitted to the OCHCA, who concurred with the conclusions of these studies. Post-remediation health risk assessments were recently prepared by G&M for the main or northern area, and the ATC or southern area of the Site, and indicate no risk to human health. These assessments are currently under evaluation by ESCI, and upon completion, will be submitted to the OCHCA for review. Ongoing Environmental Monitoring on behalf of the City of Newport Beach ESCI, on behalf of the City of Newport Beach, continues to review all project documentation and regulatory agency responses, attend City and agency meetings, and act as project liaison. In addition and as previously referenced, ESCI is currently in the process of reevaluating the most recent health risk assessments prepared by G&M for the northern and southern areas of the Site. Should you have further questions regarding the status of this project or if you require additional information, please feel free to contact me at your convenience. Yours truly, ENVIRONMENTAL SERVICES CONSORTIUM, INC. Ly ethrington, REA M Principal Environmental ientist cc: File Eric Pearson, P.E., Environmental Control Manager, Ford Motor Land Services Corporation Thomas E. Culek, Environmental Control Engineer, Ford Motor Land Services Corporation ESCI96-ADM/CNB-04 3 ESCI UPDATE - CNB Dec-06-96 01:08P ENV. SCS. CONSORTIUM, INC 310-988-0129 P.Ol TELECOPY MESSAGE ENVIRONMENTAL SERVICES CONSORTIUM, INC. 4401 Atlantic Avenue, Suite 200, Long Beach, California 90807 Phone: (310)984-2079 Far: (310) 988-0129 DATE: 6 December 1996 FAX NO- 714-644-3250 TO.- Marc Myers - Associate Planner COMPANY: City of Newport Beach FROM: Lyne Hethrington SUBJECT: Update Letter for the Ford Project PAGES: 4 (including cover sheet) As I indicated to you on the voice mail message I left today, please review the following letter to determine whether it meets your needs for the grading permit. If you would like some changes, please feel free to mark it up and fax it back to me at my direct fax line at 310-988- 0129, Or, if the letter serves your purpose, I can either address it to you rather than Genia Garcia. or I can add you to the cony list_ Please advise. Thanks Marc. Yours truly, ENVIRONMENTAL SERVICES CONSORTIUM, INC. Lyne Ethrington, REA, C Principal Environmental Scientist This message is intended only for the individual or entity to which it is addressed. It mrty contain privileged, eoafidential, attorney -wart product or imde seeret information which is erempt from direlosure under applicable lays. If you are not the intended recipient, or an agent or employee responsible for delivering the message to the intended recipient, you are hereby notified thal any dissemination, disbfbudon or copying of this message it ahictly prohibited. if you have received this message in error, please notify as immediately by telephone and nturn the original message and all copies to us by nail at the above address. Thant you. Dec-06-96 01:08P ENV- SCS- CONSORTIUM, INC 310-988-0129 P-02 i 22 October 1996 ESC196-ADM/CNB-04 City of Newport Beach P.O. Box 1769 Newport Beach, CA. 92658-8915 Attention: Ms. Genia Garcia Associate Planner SUBJECT: ANNUAL REVIEW OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND PACIFIC BAV HOMES (FORD MOTOR LAND DEVELOPMENT) Dear Ms. Garcia: In accordance with your request, this letter has been prepared to provide you with an update of the status of environmental activities associated with the redesignation and redevelopment of the former Ford Aeronutronic/Loral property (Site) from use as an industrial to a residential site. BACKGROUND As you are aware, the Site was historically used for aerospace and defense -related activities that included the use of a variety of hazardous substances. The use of these chemicals resulted in soil and groundwater contamination at the Site. Ford Motor Land Corporation (FMLC) retained an environmental consulting firm, Geraghty & Miller, Inc. (G&M) to investigate the extent of the soil and groundwater contamination, conduct health risk assessments to evaluate whether such contamination posed public health issues, and develop and implement a soil and groundwater rcmediation plan. 'These activities have been conducted under the authority and requiremenis,of state and local environmental regulatory agencies, primarily the Santa Ana Regional Water Quality Control Board (RWQCB) and the Orange County Ilealth Care Agency (OC1.1CA). The City of Newport Beach retained Environmental Services Consortium, Inc. (ESCI - formerly Environmental Management Services [EMS]) to act as a monitor for the prc&ct on behalf of the City. As the City monitor, ESCI initially reviewed the research related to Site usage and the resulting identification of "Areas of Potential Environmental Concern" (APECs) and the associated soil and groundwater investigation activities that had been conducted by G&M, participated in the preparation of the Lovironmental Impact Report, and attended meetings with the involved regulatory agencies. F.SCi reviewed, and continues to review and evaluate all Dec-06-96 01:08P ENV. SCS_ CONSORTIUM, INC 310-988-0129 P.03 associated project reports and agency Communication, and provides recommendations on behalf of the City, where appropriate. This included the review and reevaluation of the health risk assessments that had been prepared for the Bayridge and Belcourt areas, current residential areas that had formerly been part of the Site. In addition, ESCI participated in the onsite building decontamination activities that were performed as part of the pre -demolition phase of the project. CURRENT PROJECT STATUS Demolition Activities Facility decommissioning activities included pre -demolition building decontamination of regulated materials. This has been completed. This activity comprised the removal of building components that constituted hazardous waste, or that were environmentally regulated in some manner, and the decontamination of building surfaces. This activity was conducted in accordance with procedures specified in a Project Demolition Manual submitted to the City by FMLC. F.SCI participated in the onsite building decontamination activities, and co -signed the Pre -Demolition Building Certifications issued for each of the buildings at the Site. Soil and Groundwater Remediation Activities Soil remediation activities at the Site are essentially completed. This activity was conducted under the oversight of the RWQCB and OCi-ICA, and in accordance with health -based cleanup levels (HBCLs) (levels evaluated to be protective of human health) that were developed by Ford and G&M, reviewed by ESCI on behalf of the City of Newport Reach, and approved by the OCIICA. Isolated areas of shallow soil contamination, comprising primarily petroleum hydrocarbon contamination, were encountered during the Site demolition .activities and most recently during the grading process. These areas were identified in accordance with procedures specified in the Demolition Sampling Plan, and remediated in accordance with the previously referenced HRCLs. Additional areas of contaminated soil that may possibly be encountered during the final grading and Site preparation activities will be managed in the same manner. Onsite groundwater remediation has been conducted under the authority of the RWQCB, and in accordance with a Groundwater Remedial Action Plan (RAP) approved by the RWQCB. The RAP addresses groundwater impacts in the main area or the northern portion of the Site, and in the southern area of the Site, formerly known as the "ATC" area. Based on recent data prepared by G&M and reviewed by ESCI, groundwater remediation conducted in the northern area of the Site appears to be complete and the remediation system has been temporarily shut down pending a letter of concurrence from the RWQCB. The RWQCB has indicated that it may requite ongoing monitoring even if groundwater remediation is deemed to be completed for this area. The response from the RWQCB is anticipated within two to three weeks from the date of this letter. Contaminated soil that was the source of groundwater contamination in the southern, or former ATC area at the Site was removed, and ongoing groundwater monitoring for this area is currently required by the RWQCB. ESC196-ADM XNB-N 2 ESCI UPDATE- CNR Dec-06-96 01:08P ENV. SCS. CONSORTIUM, INC 310-988-0129 P.04 , Offshe groundwater contamination found to be present to the north of the Site is being addressed as a separate issue by FMI,C and the RWQCB. G&M, on behalf of FMLC, will be conducting a feasibility study over the next few months regarding this issue. Health -Risk Assessments Human health risk assessments liar the Belcourt and Bayridge areas were prepared by G&M, reevaluated by ESCI, and reissued by G&M on behalf of FMLC:. Soil and groundwater contamination in these areas were found to pose no risk to human health. The risk assessment reports were submitted to the OCHCA, who concurred with the conclusions of these studies. Post-remediation health risk assessments were recently prepared by G&M for the main or northern area, and the ATC or southern area of the Site, and indicate no risk to human health. These assessments are currently under evaluation by ESCI, and upon completion, will be submitted to the OCIICA for review. Ongoine Environmental Monitoring on behalf of the Citv of Newport Beach ESCI, on behalf of the City of Newport Reach, continues to review all project documentation and regulatory agency responses, attend City and agency meetings, and act as project liaison. In addition and as previously referenced, F.SCi is currently in the process of* reevaluating the most recent health risk assessments prepared by G&M for the northern and southern areas of the Site_ Should you have further questions regarding the status ol'this project or if you require additional information, please feel free to contact me at your convenience. Yours truly, ENVIRONMENTAL SERVICES CONSORTIUM, INC. Lyne Hethrington, R[sA, CAMM Principal Environmental Scientist cc: File Eric Pearson, P.E.; Environmental Control Manager, Ford Motor Land Services Corporation Thomas E. Culek, Environmental Control Engineer, Ford Motor Land Services Corporation ESY794-ADM/CNR-04 3 ESLI UPDATE- CNB pacif' ay HOMES August 12, 1997 Mr. Faisal Jurdi, P.E. CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658-8915 Re: City Noise Ordinance One Ford Road Dear Faisal: As you know, the Development Agreement for One Ford Road (the "Project") between the City Of Newport Beach and Pacific Bay Homes requires that air conditioning condensers must comply with the City's noise ordinance. Pacific Bay Homes understands that an original focus of the noise ordinance was aimed at limiting the noise created by the retrofitting or replacement of air conditioning equipment at existing homes within the City of Newport Beach. This understanding has been confirmed through discussions with Marc Myers of the City Planning Department and further, with our sound consultant, Mestre Greve Associates. As One Ford Road is a new community with no existing residents or close neighboring residents, Pacific Bay Homes proposes that each purchaser at the Project be made aware that the air conditioning condensers to be used may not fully comply with the City's noise ordinance. This could be achieved, through the buyer's execution of a disclosure at the time of sale. Thus, when the Project is completed, all of the residents therein, would have accepted this condition. To preserve the standard accepted by the residents of the Project, Pacific Bay Homes proposes that any replacement or modification of air conditioning equipment will not result in noise levels higher than produced by the original equipment. Subsequent purchasers at the Project could be made aware of this issue through a sufficient Notice recorded in the public records. 4041 MacArthur Boulevard, Suite 500, Newport Beach, CA 92660 (714) 440-7200 • Fax (714) 833-7557 Mr. Faisal Jurdi August 12, 1997 Page 2 Pacific Bay Homes appreciates your consideration of this matter and will cooperate with the City of Newport Beach through any steps which may be required to effectuate such a procedure for the Project. I may be reached at (714) 440-7203 and I look forward to our further discussion of this issue. Respectfully, PACIFIC BAY HOM Marcus D. Lamkin Project Manager cc: Marc Myers Fred Greve p.lprojmanVordrdlsound.d= t5i arJ s {U 5 iW#KwJiovse McLarand, Vasquez & Partners, Inc. "SUMMERHOUSE" -REVISIONS SINCE BUILDING DEPARTMENT ISSUANCE OF PERMIT DATE: October 1,1997 PROJECT: Pacific Bay Homes SUMMERHOUSE (75X 80 LOTS) PLAN 1 1. DELTA 1 PLAN 1 REVISIONS Bedroom- 41062 DHP window is now standard. Pair of french doors and fire place as an option. 2. 1 Nook- 41062 DHP window is now standard and pair of french doors as an option. 3. 1 Family- 41062 DHP window is now standard and pair of french doors as an option 4. 1 Garage/Slab Plan- has been revised to allow for a dropped garage (All Styles). 5. 1 Living '@ Style A- 41062 DHP window is now standard and pair of french doors as an option. 6. 1 Living @ Style B- 41062 DHP window is now standard and pair of french doors as an option. ■A1 /S? p 7. 1 Style B- Brick in the courtyard has been deleted. french doors as an option. �I/YUt1 8. 1 Living @ Style D- 5662 DHP window is now standard and pair of ----�-u 9. 1 Plan 1 B-Monier Flat Concrete Shingle Tile replaces the U.S. Flat Clay Tile 10. 1 Plan 1 D-Monier Concrete "S" Tile replaces MCA Straight Barrel Mission. 11. 1 All Styles -Where Siding Glass Door was standard, now Pair of French Wood Hinged doors with (1) active panel and (1) stationary panel is standard and the Sliding Glass Door becomes the option. 12. 1 Muntins deleted from all Exterior Elevations. 13. 1 Plan 1 D-Dining Room Front Exterior Elevation revised to remove Trellis. 14. 1 Cooktop and Refrigerator in kitchen trade positions. 15 1 Plan IA -Manufactured Stone @ Fireplace removed, Shingle Standard 16. 1 Plan 1 B-Brick @ Fireplace removed, Stucco Standard 17. 1 Floor Plan Key Note #28 revised to indicate MDF Cap & Height A.F.F. (Note: Key Note #28 information is intended for All Plans/All Styles). 18. 1 Sections on SheetAl-4A, Height & depth of Niche provided. 19. 1 Utility Plan, revisions to quantity & locations of outlets & lighting fixtures (AII Styles). 20. 1 Ceiling in Master Bedroom revised to become (2) steps only. 21. 1 Interior Elevations, Sheet A1-7, revised to reflect all interior design revisions & Eurodesign 22. revisions dated 6/26/97. 1 Floor Plan Symbol Legend revised to indicate height of seat @ shower. (Note: Shower seat information is intended for All Plans/All Styles). 23. 1 Living, Coffered Ceiling revised as optional 24. 1 Open Stair, New wall added @ Closet 25. 1 Butler Pantry, revised section, SheetA1.4A 26. 1 Open stair, Guardrail provided -Low Wall deleted PLAN 2 DELTA PLAN 2 REVISIONS 1. 1 Bath 2-2880 HC has been moved to new location 2. 1 Nook- 18-DHP 4262-18 window is now standard and french doors an option. 3. 1 Master Bedroom- 41062 DHP window is now standard fireplace as an option. 4. 1 Master Bedroom- Pair of french doors standard. 5. 1 Garage/Slab Plan- has been revised to allow for a dropped garage. 6. 1 Library-18-DHP 4262-18 window standard and french doors as an option. 7. 1 Living - CW26 windows as standard and french doors as an option. 8. 9. 1 1 Muntins deleted from all Exterior Elevations. Plan 2 D- Second Floor Plan "Den/Media & Bedroom #3" Window DHT 2031 has been revised 10. to become DHT 2027, (6) locations. 1 Cooktop and Sink in kitchen trade positions. The Sink was a (3) compartment unit, now it is to be 11. a (2) 1 compartment unit, (All Styles, Plan 2). All Styles -Where Siding Glass Door was standard, now Pair of French Wood Hinged doors with (1) active panel and (1) stationary panel is standard and the Sliding Glass Door becomes the option. 12. 1 Plan 26-Monier Flat Concrete Shingle Tile replaces the U.S. Flat Clay Tile 13. 1 Plan 20-Monier Flat Concrete Shingle Tile replaces the U.S. Flat Clay Tile 1 b � "SUMMERHOUSE" -REVISIONS SINCE BUILDING DEPARTMENT ISSUANCE OF PERMIT -(CONTINUED) 14. 1 Plan 2D-Monier Concrete "S" Tile replaces MCA Straight Barrel Mission 15. 1 Study, additional Section F, SheetA2-4B, through Skylights 16. 1 Kitchen, additional Section E, SheetA2-48 through Skylights 17. 1 NooldFamily, Soffitrevised to indicate (1) step 18. 1 All Slab Plans for Plan 2 revised to indicate the new location of cooktop @ island. 19. 1 W.I.0 @ Master Bath, Linen provided. 21. 1 Interior Elevations, Sheet A2-7, revised to reflect all interior design revisions & Eurodesign revisions dated 6/26/97. 22. 1 Service, Short Wall @ counter with sink deleted. 23. 1 Elevations#5, 6 & 7 on Sheets A2-313, A2-3C & A2-3D show Courtyard & Entry. See SheetA2.4B for Section through Entry. 24. 1 Utility Plan, revisions to quantity & locations of outlets & lighting fixtures (All Styles). 25. 1 Library, Shelving deleted on (2) walls. 26. 1 Plan 2B, Double Framing deleted. 27. 1 Open stair, Guardrail provided -Low, Wall deleted. 28. 1 Plan 26-Brick @ Fireplace removed, Stucco Standard 29. 1 Plan 20-Manufactured Stone @ Optional Fireplace removed, Siding Standard PLANS DELTA PLAN 3 REVISIONS 1. 1 Her Bath- has been revised to new layout Opening between office and bath is now closed off And door is optional. 2. 1 Dining-18-DHP 4262-18 window is now standard and french doors an option 3. 1 Garage/Slab Plan- has been revised to allow for a dropped garage. 4 1 Living @ Style A- Conventional Volume ceiling and stone at rear has been deleted 5. 1 Living @ Style C- Conventional Volume ceiling and brick at rear has been deleted. 6. 1 Living @ Style D- has ceiling height of 11'A". 7. 1 Kitchen- has been revised to new layout, where door at kitchen and dining has been deleted. 8. 1 Kitchen-3446 DH window moved 6" to left to allow for pantry in corner. 9. 1 The Sink was a (3) compartment unit, now it is to be a (2) compartment unit, (All Styles, Plan 3). 11. 1 All Styles -Where Siding Glass Door was standard, now Pair of French Wood Hinged doors with (1) active panel and (1) stationary panel is standard and the Sliding Glass Door becomes the option. 12. 1 Plan 3 A-2052 DH Windows @ Open Stair, revised to 015 @ (5) locations. 13. 1 Plan 3 A-FWG 3380s Doors @ Nook, revised to 3062 DH Windows @ (4) locations. 14. 1 Plan 3 C-3052 DH Windows @ Open Stair, revised to 3052 DHP @ (2) locations, 15. 1 Plan 3 D-2452 DH Windows @ Open Stair, revised to 3052 CW15 @ (3) locations. 16. 1 Muntins deleted from all Exterior Elevations. 17. 1 Plan 3C-Monier Flat Concrete Shingle Tile replaces the U.S. Flat Clay Tile 18. 1 Plan 3D-Monier Concrete "S" Tile replaces MCA Straight Barrel Mission 19. 1 Utility Plan, revisions to quantity & locations of outlets & lighting fixtures (All Styles). 20. 1 Interior Elevations, Sheet A3-7, revised to reflect all interior design revisions & Eurodesign revisions dated 6126/97. 21. 1 Porch @ Living, additional Section E, SheetA3.3A, through Dormer 22. 1 Family Room, removed Media Niche from Standard Plan and provided Media Niche as an option on specific lots per Civil Engineer's drawings (All Styles). 23. 1 Optional Bedroom & Super Family Room, provided Utility Plans specific to option. 24. 1 Living, Coffer removed & New Pitched ceiling provided. 25. 1 Bath @ Maid/Guest, provided banjo over water closet. 26. 1 Porch, Railing deleted. 27. 1 W.I.C. @ Master Bath, Linen provided 28. 1 Double Framing deleted (All Styles). 29. 1 Plan 3A-Manufactured Stone @ Fireplace removed, Shingle Standard 30. 1 Plan 3C-Manufactured Stone @ Fireplace removed, Siding Standard DETAIL DELTA DETAIL REVISIONS D-1 1 Details 1A, 2A, 3A, 5A & 7A Revised as follows: (1) 2x6 Fascia Board deleted, "Fypon" crown molding replaces wood crown molding, T&G @ Rake and Eave Soffits. D-1 1 Details 113,213,313, 5B & 6B Revised as follows: (1) 2x10 Fascia Board deleted & Stucco soffit 2 "SUMMERHOUSE" -REVISIONS SINCE BUILDING DEPARTMENT ISSUANCE OF PERMIT —(CONTINUED) provided @ Detail 5B. D-1 1 Details 1 C, 2C, 3C, & 5C•Revised as follows: (1) 2x10 Fascia Board deleted and backing boards @ window trim deleted. D-1 1 Details I & 2D-Revised as follows: Stucco to wrap around Fascia Board. D-2 1 Details 1A through 24-Revised to indicate the new Monier concrete roofing tiles D-2 1 Details 1B & 2B, Manufactured Stone @ Roof to Wall intersection D3 1 Detail 12, (1) 2x Fascia Board deleted and backing boards @ window trim deleted. D-4 1 Details 1 & 4, Crown Molding removed, 2x12 Cap revised to become 2x10 DA 1 Details 3 & 6, 2x4 Trim piece removed, 2x8 to become a 2x6 Trim board. D-5 1 Detail 5, Brick @ Roof to Wall intersection D-5 1 Detail 10, Additional Brick Veneer information D-6 1 Detail 1, Crown Molding removed, 202 sill trim becomes a 2x10. D-6 1 Detail 2, Crown Molding removed, 2x8 sill trim becomes a 26. D-6 1 Detail 4,Eave detail revised to match Detail 1A on Sheet D-1 D-7 1 Detail 10, Additional Steel Lintel @ Brick information D-7 1 Detail 12, Crown Molding removed, 2x10 trim board becomes a 24. D-B 1 Detail 18, New detail @ Cap & Sill. D-11 1 Detail 4, Crown Molding removed. D-11 1 Detail 8, Revised Garage Door Head with Brick D-12 1 Details 1, 2, 6 & 7, revised to match new detail 1A on Sheet D-1. D-12 1 Detail 5, New Column Base detail D-12 1 Detail 12, Precastcap @ column, additional dimensioned information D-12 1 Detail 8 revised to match revised detail 1 C on Sheet D-1. D-13 1 Detail 10, New Rail @ Window detail D-14 1 Detail 12 & 13, Indicates Standard vs. Optional Stairs & Stair Handrails D-15 1 Detail 7, Ceiling trim becomes optional. NOT INCLUDED IN THESE REVISIONS ARE THE: 1. PLAN OPTIONS Architecture & Planning 695 Town Canter Drive Sute 300 Costa Mesa, CA 92626 Fax 79.. 549. 5297 714. 549 2207 U PLAN 1 (ELEVATION 'Al IST FLOOR ' 114q 2ND FLOOR 478 TOT. LIVING SPACE 2121 CARA61E 506 OVERED PORCH 305 OPTIONS; BONUS ROOM 371 COV. DECK • BONUS__ 12 THREE BEDROOM OPTION IST FLOOR 1 144 2ND FLOOR 1 561 TOT. LIVING SPACE 25W UPPER DECK * EONU5 50 _- PLAN 2 (ELEVATION 'Al IST FLOOR 1261 2ND FLOOR 1041 TOT. LIVING SPACE , 2328 6ARA6E -4I7 COVERED PORCH 101 OPTIONSs BONUS ROOM 373 EXTERIOR STAIR 61 PLAN 3 (ELEVATION 'Al IST FLOOR , 1378 2ND FLOOR 1444 TOT. LIVING SPACE 2872 5841 COVERED PORCH OPTIONAL BEDROOM 115 IST FLOOR AT OPTIONAL BEDROOM 1555 2ND FLOOR 1444 TOT. LIVING SPACE 3047 AT OPTIONAL BEDROOM 6ARA6E AT OPTION 415 PLAN. 4 M"ATION.'Al IST FLOOR 1575 2ND FLOOR 1706 TOT. LIVING SPACE 3061 6ARA6E 547 COVERED PORCH 14,3 PROJECT DATA PLAN 1.OR"ATION W) IST FLOOR - 1 144 2ND FLOOR 478 TOT. LIVIN6 5PACE 2127 6ARA6E. 506 C %1ERED, PORCH 808 OPTIONS, ' BONUS ROOM 571 BOWS GOV. DECK 12 THREE BEDROOM OPTION 16T FLOOR 1 144 2ND FLOOR 1381 TOT. LIVIN49 SPACE 2550 UPPER DECK O BOWS 'S0 PLAN 2 IELEVATION 131 IST FLOOR 1242 2ND FLOOR 1050 TOT. LIVING SPACE 2350 6ARAOE 477 COVERED PORCH 121 OPTION5i ; BOWS ROOM 3I8 EXTERIOR STAIR, 61 PLAN.3 (ELEVATION TO IST FLOOR 1376 2ND FLOOR 1444 TOT. LIVING SPACE 2872 COVERED PORCH 66 OPTIONAL BEDROOM 115 IST FLOOR AT - OPTIONAL BEDROOM 1555 2ND FLOOR 1494 TOT. LIVING SPACE 5041 AT OPTIONAL BEDROOM 6ARA6E AT OPTION 415 PLAN 4 (ELEVATION B') IST FLOOR 1366 2ND FLOOR 1706 TOT. LIVING SPACE 5046 6ARA6E' 547 COVERED PORCH 143' EXTERIOR FINISHES PLAN 1 (ELEVATION '0 IST FLOOR 1144 2ND FLOOR 478 TOT. LIVING SPACE 2121 6ARASE 506 COVERED PORCH 508 OPTIONS; BONU5 ROOM 511 BONUS COV. DECK 12 THREE BEDROOM OPTION IST FLOOR 1 144 2ND FLOOR 1 361 TOT, LIVING SPACE 2530 UPPER DECK • BOWS 50 PLAN 2 (ELEVATION 'C) IST FLOOR 1214 2ND FLOOR IO38 TOT, LIVING SPACE 2312 T-4 T-10 T-II W-I K-2 PLAN 1 AI -IA AI-2A AI -$A AI-6A AI —IA [4 6ARASE 477 AI-8A COVERED PORCH 103\'&'404 OPTIONS. . BONUS ROOM BIB EXTERIOR STAIR 61 PLAN 3 (ELEVATION 'C) 15T FLOOR I5*18 2ND FLOOR 1506 TOT. LWIN6 SPACE 2564 545 COVERED PORCH OPTIONAL BEDROOM 115 15T FLOOR AT OPTIONAL BEDROOM 1555 2ND FLOOR 1506 TOT: LIVING SPACE 3054 AT OPTIONAL BEDROOM 6ARA6E AT OPTION 415 PLAN 4 03"ATION '0 IST FLOOR 1388 2ND FLOOR 17 11 TOT. LIVING SPACE 3044 6ARA6E 547 COVERED PORCH 145 SALES OFFICE IST FLOOR 1388 2ND FLOOR 1664 TOT. LIVING SPACE 3012 .PLAN 2 A2—IA A2-2A A2—BA A2-4A A2-IS A2-2B A2-BB A2-IC A2-5G A2=6 � RESIDENTIAL ZONING CORRECTIONS TelephotpA (714) 644-3200 Plan Check No: By:Genia Garcia, Associate Planner By:Aziz Aslami, Associate Planner rc M ers Associate Pla Proposed By: as b da, p.—d-oiu� '(-vier W. Date 1 • 2-T - 1914 Address:°Qo(- Districting Map No: Land Use Element Page No. T� Ph J�2�� oar Corre [ions Required: ,egat Description Lot Block Section Tract J Verify legal description witkPublic Works ICAZu I PC- A ft0^Coenant requ' e . leaave pwner's ssgnature no�arized on the attached document and return tmDSize C3000+ /%rin <� Zone. 7 c= No. of Units Allowed id Proposed G SU 6 fit4c- Buildable Ar `�- Maxiutn Lot Coverage fT %n Maximum Structural Area sLL (Area including exterior walls, stairway(s) on one level and required parking). Y x buildable area. _ 3dOh Structural Area: 3 oy Q / x buildable area. ssue over ay o ca culations verifying proposed square footage. Open Space Area cu.ft. (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in any direction (6'x 6'x 6% and open on at least two sides, or one side and one end, unless otherwise specified in Zoning Code. •', Required Setbacks �_�•ql Front Rear '1✓ °�•r !`-/iQ�/ C/'Ys." .ece.css .C«, .e�� Right Side M eft Side �,y ��.2R .� �' k...�...rdlr�G V (j Note: The following may not be pern d to encroach in required setback: Balconies Fireplaces Decks Bay/Garden Windows . w, 44w, east hcui CIA •-I 1.Q, _r44I Tn . / Dew. A,5ir U. v,,,J �%�� • -i1- floor plan(s), fully dimensioned, showing all room uses. dimensioned, showing: of all building and distance to property lines. rom ace o cto front property line (verify with Public Works) second and third floor footprints (if applicable) all projections (i.e. fireplaces, bay windows), label distance(s) to P s) distance between buildings Cam"* `� h P Height Limitation ow n I-vh �' �' Measured from natural grade to mid -point of roof. Code allows an additional 5'0" to the peak of the ridge height. Allowable midpoint/Flat �iZ Allowable ridge height 37 all elevations from natural grade to, natural grade and finished grade on all �7 ` Maybe in Flood Hazard Area. Check with Building Department for minimum finish floor elevations, .e Remarks � Rcnuired Parking: clear inside minimum dimension 9'-4" x 19' single space 1T-6" x 19' two spaces 8' x 16' third/fourtlt spac(s) e0,jsad ar inside imensions of provided parking spaces tion proposed? Number of units to be demolished share Contributions/A, ACn1l�ut �ty� CL�I ezr�ti,J Joaquin Hills Transportation Corridor Dedication Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No, on Plans Modification required Plannine Commission/City Council: Use Permit: No._ Variance: No._ Resubdivisionlhact: No._ Site Plan Review: No.— �mcndment: _ No.— nit/Encroachment Permit ision Engineer, Engineer ,al of Landscape Plans :ant Links Building Department: Grading Engineer 9Qo,,P!siaIak vlof Landscape Planspproval Required: CJ Exempt, Because Categorical Exclusion No. (C.E.O.) Effective Date (Note: Building permits may be issued 10 days following issuance of C.E.O.) Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) Waiver # Effective Date Coastal Development Permit No. Effective Date_ kuftefftwous r,I , �+�„r 3. himney (and chimney caps etc.) heights permitted only as required b .B.C.or manufacturer specifications plus additiona�"maximum for can/spark arrestor,(rQd. w 'P3 PLANS: Pools, spas, walls, fences, patio covers and otherfreestanding structures require separate reviews and permits. =5. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. REMARKS: NOTE., It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644-3200, FORIAMRESWCOR.Doc Rev. 1196 i. , RESIDENTIAL ZONING CORRECTIONS Telephone: (714) 644-3200 By Qenia Garcia, Associate Planner :Marc Mfrs Associate Planner Date Districting Map No: Corrections Required: Legal Description Plan Check No: 22 --1 17- By:Aziz Aslami, Associate Planner w ' p Proposed By: I baa ir �ulp� ita� Address: _ Land Use Element Page No. �li•IAII 6- 11'�'vii�G,, fl.! a, G .C�'/�^-'.d%t ��) V d RlnA, Section Tract -� Verify legal description with Public Works G*416)9 to •P j�a� Arm PG-7 �a-Covenant required. Please have owner's signature notarized on the attached document and return to me. 40J Lot SizeTYP •f e'10 = 3co0 q! Ory'� alb Zone perMint — eM 4A ol%fi No. of Units Allowed 1 1 •¢ Proposed o4e, 0-4- Buildable Area Maxium Lot Coverage G D • Maximum Structural Area 'f3� (Area including exterior walls, stairway(s) on one level and required parking), Z x buildable area. � � cf� Progued,%tructural Area: ET 3 ° l 3 `>< x buildable area. +" Provide tissue over ay o calculations verifying proposed square footage. A"m"" Open Space Area cu.tt. (Volume of space equal to buildable width x height limit x six) his area must be at least six feet in any direction (6'x 6'x 61), and opep on at least two sides, or one side and one end, unl ss otherwise specified in Zoning Code. / 4 _ / y�� / Z trf 4-* Required Setbacks Front 5` Ti"L = -2- 1 .0 '2-Fr'35 ¢ Rear Right Side / 9 3 o y 3 Left Side JG_ - - - Note: The following may not be permitted to encroach into required setback: Balconies Fireplaces Decks Bay/Garden Windows Remarks: d L4--,. Provide floor plan(s), fully dimensioned, showing all room uses. i4/2. Provide plot plan, fully dimensioned, showing: location of all buildings, and distance to property lines. t Yy� distance from face of curb to front property line (verify with Public Works), G:L second and third floor footprints (if applicable) all projections (i.e. fireplaces, bay windows), label distance(s) to PL(s) distance between buildings =y Height Limitation Measured from natural grade to mid -point of roof. Code allows an additional 5'0" to the peak of the ridge height. t Allowable rid height 31 a het " � glylyablemidpoint/Flat $Z g g all elevations from natural grade and finished grade on all mcvx¢ivun. It May be in Flood Hazard Area. Check with Building Department for minimum finish floor elevations. f Renuired Parking: clear Inside minimum dimension 9'-4" x 19' single space 1T-6" x 19' two spaces 8' x 16' third/fourth spaces) Label clear inside dimensions of provided parking spaces Is demolition proposed? v Number of units to be demolished Contribution in Hills Transportation Corridor Dedication _^_r__Please indicate any discretionary approval numbers on the plans and Incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Plans Modification required PlanningCom_mission/City Council: Use Permit: No._ Variance: No._ Resubdivision/Tract: No.- -Site Plan Review: No._ Amendment: No._ Other Public Works: Easement/Encroachment Permit Subdivision Engineer Traffic Engineer Approval of Landscape Plans Significant Links Building Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal Anptoval Renuired: Exempt, Be Categorical Exclusion No. (C.E.O.) Effective Date (Note: Building permits may be issued 10 days following issuance of C.E.O,) Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) Waiver # Effective Date Coastal Development Permit No. Effective Date , kA t, /** Al -CI& ' (and chimney caps etc.) heights permitted only as re uired by U.B.C.or manufacturer specifications plus lit" maximum for cap/spark arrestor. I��. r/, rn, d"- -..D 3 Pools, spas, walls, fences, patio covers and otherfreestanding structures require separate reviews and permits. 5. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. REMARKS: NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644-3200, FORAMS ESZNC0RD00Rcv.1 5 1 RESIDENTIAL ZONING CORRECTIONS Telephone: (714) 644-3200 Plan Check No: By:Genia Garcia, Associate Planner By:Aziz Aslami, Associate Planner 4arc Mvers Associate Pla r Proposed By: &GVV- 0 Date �' Address: Z3op �a.vn li.+�r c eo—.Q Districting Map No: Land Use Element Page No. 3 '4t7e- l//1iLrs ff� �� a CfkTCKG•h fi+eor�ES� Corrections Required: P� - oL Legal Description Lot Block Section Tract Verify legal description with Public Works < �-A � ��- �� pL3 •--000� Covenant req fired. Please have owner's signature notarized on the attached document and return tome. N&O'i -* * p ) �G Lot Size 3 mrA v� � Zone 1 No. of Units Allowed L4 Proposed 1 / 1.t Buildable Area MaLot Coverage G o C z i o.> 3 c or, x tro 7. Maximum Structural Area `i'3z�o (Area includingexterior walls, stairway(s) on one level and required 'L parking), x buildable area. f4 Q4 �'*'*�-"' � y"� /y-/- tirn /95'9 � Proposed Structural Area: 3 +41- sib' / x buildable area. Provide tissue overlay of calculations verifying proposed square footage. / 15r i A- s i & a 7L a Open Space Area cu.R. (Volume of space equal to buildable width x height limit x six), This area must be at least six feet in ,m direction (6 :x 6'.x 6'), and open on at least two sides, or one side and � end, unless otherwise specified in Zoning Code. — 2`= /fVe� Required Setbacks,4 �,> 5 ry ,P� 413 *;6 ,cw.. dam- t $ 771— 3 -f ¢ ear 3 lit' p/rftavt /9596 Right Side Q ix/ Left Side 6 Note: The following may not be permitted to encroach into required setback: Balconies Fireplaces Decks Bay/Garden Windows w _ Remarks: �e w� -tti 1. Provide floor plan(s), fully dimensioned, showing all room uses. &4-2. Provide plot plan, fully dimensioned, showing: location of all buildings, and distance to property lines. distance from face of curb to ont property e- (veri th Public Works) e nd and third floor footprints (if applicable) 11 projections (i.e. fireplaces, bay windows), label distance(s)to PL(s)\ or2 ti distance between buildings .d Height Limitation Measured from natural grade to mid -point of roof. Code allows an additional 5'0" to the peak of the ridge height. idpoint/Flat 3y Allowable ridge height 3:?� 1 elevations from natural grade to: : grade and finished grade on all elevations. Maybe in Flood Hazard Area. Check with Building Department for minimum finish floor elevations. w , f Remarks Required Parking: clear Inside minimum dimension 9'-4" x 19' single space '001T-6" x 19' live spaces 8' x 16' third/fourdl space(s) inside dimensions of provided parking spaces demolition proposed? TT_ Number of units to be demolished share Contribution Joaquin Hills Transportation Corridor Please indicate any discretionary approval numbers on the plans and Incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the bluclinc drawings Modifications Committee: Indicate Approval No, on Plans Modification required Planning Commissio4ity Council: Use Permit: No,_ Variance: No.,._ ResubdivisiotvTmct: No._ Site Plan Review: No._ Amendment: No._ Other Public Works: Easement/Encroachment Permit Subdivision Engineer Traffic Engineer Approval of Landscape Plans SigniflcantLinks Building Department: Grading Engineer Parks Department: Approval of Landscape Plans . r A Coastal Approval lidc'mired: Exempt, Because Categorical Exclusion No. (C.E.O.) Effective Date (Note: Building permits may be issued 10 days following issuance of C,E,O.) Approval In Concept(AIC) No, (Note: File 3 sets of plans: site, floor, and elevations) Waiver # Effective Date Coastal Development Permit No. Effective Date a ney (and chimney caps etc.) heights permute,' only as required by U.B.C.or manufacturer specifications plus onal 12" maximum for cap/spark arrestoe ( �) + D,-3 '� S' Pools, spas, walls, fences, patio covers and otherfrcestanding structures require separate reviews and permits, Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans, REMARKS: NQTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644-3200. FORMSTFMCOR.DOCI v;1196 RESIDENTIAL ZONING CORRECTIONS Telephone: (714) 644-3200 Plan Check No: By:Genia Garcia, Associate Planner r�By:AAziz Aslami. Associate Planner $ •MnrnMyers AssociatePl er Proposed By: r�1LGflasv Aft Date 1 ' Z J= '� Address: Z 9 0.0 Districting Map No: Land Use Element Page No. Corrections Required:—AL Legal Description Lot Block Section Tract Verify legal description with Public Works CA72 _ -f-+ - Jzi� o - PC -I Covenant required. Please have owner's signature notarized on the attached document and return to me. (,3,4oa hfri B� Lot Size _Lgao 9 �¢ v> ^� Yw�� Zone P� No. of Units Allowed � A"lot Proposed Buildable Area Maxium Lot Coverage &D'9a Zl4o s/. ` 760° X ( o Jr> Maximum Structural Area___' ` - (Area including exterior walls, stairway(s) on one level and required parking). buildable area. /oy' ",- = ! v r Z structural Area: 3 S4 -f / x buildable area. / y •r z f 16 ssue overlay f calculations verifying proposed square footage. "w Av Open Space Area cu.ft. (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in any direction (6'.x G .x 61), and open on at least two sides, or one side and one end, unless otherwise specified in Zoning Code. Required Setbacks 5 /, cSRw 44& Front 5 Alk- -rZy = 34 S4- 7` Rear 3d�� ao � 41 u9 M Right Side s 4 Left Side Note: The following may not be permitted to encroach into required setback: Balconies Fireplaces Decks Bay/Garden Windows (� RR narks: �i{titw a�i+r+�wL...n U•.,.�t"h 6.e.c c.HN.%w.+' !I L n ' _ -- 1. Provide floor plan(s), fully dimensioned, showing all room uses A� 2. Provide plot plan, fully dimensioned, showing: A- location of all buildings, and distance to property lines. cL'1� distance from face of curb to front property line (verify with Public Works) c nd and third floor footprints (if applicable) 11 projections (i.e. fireplaces, bay windows), label distance(s) to PL(s) distance between buildings Heieht Limitation Measured from natural grade to mid -point of roof. Code allows an additional 5'0" to the peak of the ridge height. 32 Allowable rid height a hei 3� w�blemidpoint/Flat S g F pop - Dimension all elevations from natural grade to:� Ya natural grade and finished grade on all elevations. R Maybe in Flood Hazard Area. Check wvith Building Department for minimum finish floor elevations. Reouired Parkin: clear inside minimum dimension 9'-4" x 19' single space 1T-6" x 191 Live spaces &0"�8' x 16' third/fourth spaces) cl clear inside dimensions of provided parking spaces _Is demolition proposed" Number of units to be demolished ! %-Fairshme Contribution Joaquin Hills Transportation Corridor SPECIAL APPROVAL REQUIRED THRQi GH: Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions Into the blueline drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Pans Modification reauired Planning Commission/City Council: Use Permit: No._ Variance: No._ Resubdivision/Tract: No._ Site Plan Review: No._ Amendment: No _ Public Works: Easement/Encroachment Permit Subdivision Engineer Tmfiic Engineer Approval of Landscape Plans Significant Links Building Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal Approval Reauired: Exempt, Because Categorical Exclusion No. (C.E.O.) Effective Date (Note: Building permits may be issued 10 days following issuance of C.E.O.) Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) Waiver # Effective Date Coastal Development Permit No. Effective Date $himney (and chimney caps etc.) heights permitted only as required by U.B.C.or manufacturer specifications plus additional 12" maximum forcap/spark arrestor jn .-- A--� 4- D.-5 ANS: Pools, spas, walls, fences, patio covers and otherfreestanding structures require separate reviews and permits. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. REMARKS: NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. Ifyou have questions regarding your application, please Contact meat (714) 644-3200. r0RMS1RESZNC0RD0C Rev.1196 I • TO: Name: Company: Telephone: Fax #: FROM: Name: Telephone: Fax #: PACIFIC BAY HOMES 18400 Von Karman, Suite 900 Irvine, CA 92715 FACSIMILE COVER SHEET February 14, 1997 Vince Chupka McLarand Vasquez & Partners, Inc. (714) 549-2207 (714) 549-5297 Patrick Hayes 714-440-7245 Direct 714-140-7200 Main 714-833-7557 4WJjo6i, RE: Newport Beach - Residential Zoning Corrections Number of pages following this cover sheet: 8 Comments / Attachments: 8/I 3OHd bbz4olseoelai A34 Fir Ave oIdIovd•Woaa Lb.SI Le-bI-e33 Covenant req ired. Please have owner's signature notarized on the attached document and return tome. �3�00 -F- •!� P ) Lot Size 3oOd hun VR1tCtA Zone fG No. of Units Allowed i to Proposed I / I �-t • —EL;Buildable Area Maaiurn Lot Coverage GO o C z 1 e0 .yl. 0400 x oe 7.) Maximum Structural Area�rea3� �? (Area includin� exterior % alls stairway(s) on one IeveI and required parking). Z- x buildable a, M4Q4 4a014 Proposed Structural Area; /ad' e..r• : IV 5-1 p Pro 3'Q'4i' `i° / _x buildable area. � �Provide tissue overlay of calculations verihing proposed square footage. 2!V p- Open Space Area cu.8. (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in any direction (6'x 6'.x 6), and open on at least two sides, or one side and one end, unless otherwise specified in Zoning Code. sr e 13-1po f Reouired Setbacks /'f F'f '9& Edit- 3,+ y : ' i Front .5' T/L. = 3'f + a- s�^ Rear O�`t�vr is�q. Right Side 4JA/ Left Side j' ' Note: The following may not be permitted to encroach into required setback: Balconies Flrcplaces Decks Bay/Garden windows `,Remarks: &LE-1I. Provide floor plan(s), fully dimensioned, showing all room uses. —AL2. Provide plot plan, ilrlIy dimensioned, showing: AA- location of all buildings, and distance to property tines. distance from face of curb to a (ve th• Public Works) second and third floor footprints (if applicable) all projections (i.e. fireplaces, bay windows), label distance(s) to PL(s) distance between buildings Heieht Limitation Measured from natural -grade to mid -point of roof. Code allows an additional 5'0' to the peak of the ridge height Allowable midpoinr/Flat �y �rwP aiN �1—UVFcTts.N DiFl mension all elevations from natural grade to: A4046 Allowable ridge hei� r ght Label natural grade and finished grade on all elevations. &kN ep S t 'R 5c e N9 i e- ph/ (� lrlw lll�ioNs• 8/L SDHd bbLL0tsoos-aI ASO Nr AVG OIdIOHd-NOSA LbsST 4E-bt-S2a I' s mow.. O*wo `., RESIDENTIAL ZONING CORRECTIONS Telephone: (714) 644-3200 Plan Check No: 2.7rq :7- By.'.02 Garcia Associate Planner By. a ziz Asiami. Associate Planner a c Mve Associate Pl r Proposed By: _ 4 J,&v fF -lit pl stai3 % per^ /o"j.j / ' lowate I. x '?� -"f :� Address: y3oo c:r..z.*u.c,L. z.:t . • Districting Map No: LandUseElement Page No. /L s �• Corrections Required: X C AUO Legal Description iot Block Secti�oq, f::� Verify legal description with Public Works J'i%g tR I_San Joaquin Hills Transportation Corridor ark Dedicatio(a S''t4 3-z •SPECIAL APPROVAL RE0100THROUGH: Plcasc indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Plans Modification required Planning Commini n/City Council: Use Permit: No._ Variance: No._ Res ibdivisioWTract: NO -- Site Plan Review: No.- ------ Amendment: No.` Other Public Works: EasemenVEncrcachment Permit Subdivision Engineer ' 1 TrafiicEngineer Approval of Landscape Plans Significant Links Building Department: Grading Engineer Parks Department: Approval of Landscape Plans =:L4,.C�staI Approval lssouired: Exempt, Because Categorical Exclusion No. (C.E.O.) Effective Date (Note: Building permits may be issued 10 days following issuance of C.E.O.) Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) waiver # Effective Date Coastal Development Permit No. Effective Date *(And chimney caps etc.) heights pernitte only as required by U.B.C.or manufacturer specifications plus Tat 12' ma:dmum for cap/spark arrestor. ut, -f- '3 ON PLANS: Pools, spas, walls, fences, patio covers and otherfreestanding structures require separate reviews and permits. N tT,� t� S-) T- l G WN61-.AL IJoTK S '3. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. WMAPM: NOTE: It is the responsibility of the applicant to circulate their plats and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644-3200. 6/C 30vd 1, , , bbZLOTS009.01 FORMSTMNCORDOCI v.,1196 Aaa Hf AVH 0IAIOVd-HOMd Lb'ST 46-bT-H3d ���YvFd'yi,f �i f Maybe in flood Hazard Area. Check with Building Departmentfor minimum finish floor elevations. o "_�temarks Required Parkinx: clear inside minimum dimension 9'-4' x 19' single space +� 1T-6' x 19' two,spaces GjU1D `� d oN t= ka 8' x 16tttird/fourth space(s) &Labe] clear inside dimensions of provided parking spaces �is demolition proposed? Number of units to be demolished 400�—Fairshare Contribution W _!LK�ovenant required, Please have mvner's signature notarized on the attached document and return to me. 7Y0 4,*' ie 9C ' s 3too ,* • Lot sizeC3000 .r• Mt..7 e&: Zone 17e—" AAcA- kA obfiNo.ofUnits Allowed 1/let, Proposed Al, Buildable Area Madum Lot Coverage LD 's �s T ✓• z, iGo 5d) Maximum Structural Area .j32-0 ` (Area including exterior walls. stairway(s) on one level and required parking). Z x buildable area. 'Z-4'd 1 -'0 3 v^23 yL x buildable area. alcufations verif}dng proposed square footage, i'k ,Open Space Area eu ft (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in any direction (6:x &x 6% and opep on at least two sides, or one side and one end, unless otherwise specified in Zoning Code. / !^' 7 Reauired Setbacks & Front Sr' Rear 3 —rtaa- aaeass Right Side Af Lett Side 6 45t`tu - -fs 7- 0 _ 772- a -7-7-1, r 00 0e sit _ 332 gyp• 3c93 Cb Note: The following may not be permitted to encroach into required setback: Balconies Fireplaces • Decks Bay/Garden Windows Remarks; .(Ndi'G,..0 . IL 6•&-1. Provide floor plan(s), fully dimensioned, showing all room uses. _2. Provide plot plan, fully dimensioned, showing: cat&/ location of all buildings, and distance to property lines. distance from face of curb to front property line (verify with Public Worts)., 4�41 s econd and third floor footprints (if applicable) ¢4kf' all projections (i.e. fireplaces, bay windows), label distance(s) to PL(s) �'` distance between buildings l4eieht Limitation Measured from natural grade to mid -point of roof. Code allows an additional 5'0" to the peak of the ridge height. Allowable midpolnt/Flat 32-t Allowable ridge height 3I CiDimension all elevations from natural grade to: ikll ;.., , T abel'natural wade and finished grade on all elevators. p o L' C.@ V hTf oNs C�R•ADt€A st TlS• B/b 3Otrd bba4etsooe-aI Asa WC Ave OIdIOHd-HOUA Lb'ST 48-bt-333 40"41, IAS66. I 1. KGJILIIN r1AL LUNINIT WLIM I.I IVNJ Telephone: (714) 644-3200 PIan Check No: 2-S-1 I- By:Genla Garcia. Associate Planner By:Aripz Aslami. Associate Planner By:Mare vers.AssociatePlanner Proposed By: a5-0-1 b04- AC 2- Date I. 2 9 Address: 230.0 �ccwt �o✓tG �a-d , Districting Map No: jodbrrecdons Required: ,rrue —ILLegal Description Lot V Land Use Element Page No. PLJ)-2L J ; ��Sfi Sign B, Tract XA12 &w. PC-] ::::�j Verify legal description with Public Works o-f _'San Joaquin Hills Transportation Corridor ^Park D� I/• �' .casr+►-ems =IAL APPROVAL REQUIRED THROUGH; " Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the bluellne drawings Modifications Committee: Indicate Approval No. on Plans Modification requited Plannin Commission/City Council: Use Permit: No. — .Variance: No. �, - ResubdivisiorvTract: ^ No._ Site Plan Review: No._ Amendment: No._ Other Public Works; Easement/Encroachment Permit Subdivision Engineer Traffic Engineer Approval of Landscape Plans Significant Links + w •;Building Department: Grading Engineer Parks Deeartment: Approval of Landscape Plans a Coastal Approval Required: Exempt, Because Categorical Exclusion No. (C.E.O.) Effective Date (Note: Building permits may be issued 10 dayt following issuance of C.E.O.) Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) �th . Waiver# Effective Date Coastal Development Permit No. Effective Date Miscellaneous --.)!L3. Chimney (and chimney caps etc.) heights permitted only as muir�ed�by U.B.C.or manufacturer specifications plus additiorial I2" maximum forcap/spark arrestor. x�,3 L')(L t i ct/ ce 4. NOT£ ON PLANS: Pools, spas, walls, fences, patio covers and o�rfredta� oc s� structures require andpermits. g require separaterevlews Pe 'I = l Nfl7IE � 3y Cs�e-NSUtiL �. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal { itla i•n,requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. NOTE: It is the responsibility, of the applicant to circulate their plans and obtain the necessary approvals from the departments :hecked above Ifyou have questions regarding your application; please contact me at (714) 644-3200. FORN19 ,FSZKC0R.1=Rev. 1196 6/9 30tld bbZL0 1 S006•aI Asia fir AVE OIdIOHd•Ona e4•St 46-17t-63d v -ry May be In Flood Hazard Area Check with Building Department for minimum finish floor elevations. EM Remarks RegviredParkiing: clear inside minimum dimension 91-4" x I9' single spar 19'-6" x 19' two spaces 8' x 16' thirdtfourth space(s) r_P C r( PLP,-.p Ohl PPS Qti Puej . label cicar inside dimensions of provided parking spaces : ti Is demolition proposed2 v f-:t Number of units to be demolished 14(-Fairshare Contribution Covenant required. PIease have owner's signature notarized on the attached document and return to me. Q$boa +ye-) " Jot Size fit. Zone PG T —&LNo. of Units Allowed 1 !4!�11-r WRL- Buildable Area ok- Ma..ium Lot Coverage iaD 90 2t6o * - .96�6,,r au X-) Maximum Structural Area ±L"* `F (Area including exterior halls, stairway(s) on one level and required parking). 1�1xbuildablearea. /0,0. v�- _ I r,; x buildable area. ! q? y t t z r ee f proposed square footage. Open Space Area cu.ft, (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in a_v direction (6:x 6:x 6% and open on at least two sides, or one side and one end, unless otherwise specified in Zoning Code. -A-� f Reouired Setbacks 04-1 Front L fRear �a e 'f4c� Right Side 5 �i** tlf'� Left Side' 5' Note: The following may not be permitted to encroach into required setback: Balconies Fireplaces • Decks Bay/Garden Windows iE Remarks: fk4-- plc "v-,.....,_ r++.� -X P-.w'. 4A4AJ"..-a-::�G C t%GTrvt L -A,4--- 1. Provide floor plan(s), fully dimensional, showing all room uses. / 1 �) L r Provide plot plan, fully dimensioned, showing: location of all buildings, and distance to property lines. B k distance from face of curb to front property line (verify with public works) second and third floor footprints (if applicable) A all projections (Le. fireplaces, bay windows), label distance(s) to PL(s) Via' distance between buildings Height Limitation Measured from natural grade to mid -point of roof. Code allows an additional 5'0" to the peak of the ridge height Allowable midpoinv7lat 32 Allowable ridge height 37 4& DImension all elevations from natural grade to:, &!& r-I-e- .«"� .�A,A�p�v..aP . _1 Label natural grade and finished grade on all elevations, 5 Lr('r �` t_ tF Vrr rwP 8/8 aOtld bbz4otsooe-aI A30 HP AVE OIdIOFld•HOSA Bb•ST 46-bT-833 • n :�IVJ tV i IAL I-ONINU C:ORRECT[ONS ,,,,��yy,,,,T,�_elephone: (714) 644.3200 Plan Check No: By;Genia Garoia. Associate Planner By:Aziz Aslami. Associate Planner dIV c-D/ very, Assoctate_PI_ _er Proposed By; ( � iDfa^ `� lA+rrir /S3 y/ Dua f' Z X-- "I Address: 7- Districting Map No: Land Use Element Page No. Corre/c�tions Required:"`�'s —ALLegal Description Lot Block Sectio40040Aa Tract "i 1, Verily legal description with Public Works C^4—A— `—A— — I:bGP ^ v"G� ' kn Joaquin Mils Transportation Corridor • SPECIAL APPROVAL REQUIRED THROUGH: Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and Iist of findings and conditions into the blueline drativings i, approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Plans Modification required Planning Commission/City Council Use Permit: No._ Variance: No._ Resubdivision6Tmct: No:_ Site Plan Review, No._ Amendment: No. — Other Public Works: Easement/Encroachment Permit Subdivision Engineer Tratlic Engineer Approval of Landscape Plans Significant Liriks Building Department: Grading Engineer r .r %—'Parks Department; Approval of Landscape Plans Coastal Aooroval Reauired: Exempt, Because Categorical Exclusion No. (C.E.O.) Effective Date (Note: Building permits may be issued 10 days following issuance of C.E.O.) Approval In Concept (AIC) No. (Note: Pile 3 sets of plans: site, floor, and elevations) Waiver #/ Effective Date Coastal Development Permit No. Effective Date eou . 3. Chimney (and chimney caps etc.) heights permitted only as required by U.B.C.or manufacturer specifications plus additional 12" maximum for cap/spark arrestor yf�--y Z�-3 wr t-t_ loH (EQ VA4(Awt4c4f Maftr't— cc -PE a. NOTE ON PLANS: Pools, spas, walls, fences, patio covers and otherfreestanding structures require separate reviieews Cm and permits. �{reDutA-5�aMS. 41CC' r Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve app t o legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. en`iAizxs:� . NOTE- It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644-3200, TORMSIRESZKORDOC Rev.1196 81L 30Hd bbaLOTS006•QI n3a wr Ave 0IA13vd1W0HA 9b:SI Ls-bT-eaa 4wbw**IP1-4 ,. 1 May be in Flood Hazard Area. Check with Building Department for minimum finish floor elevations. Rcmazks 12eouired 'arkinrt, clear inside minimumdimension 9'-4" x 19, single space t/ 17-6' x 19' two spaces � V x 16, third/fourth space(s) G✓�9 �'' N aJ�1 i� fl� % _,Label clear inside dimensions of provided palCirig; spaces Is demolition proposed? Number of units to be demolished '�Fairshare Contribution 7L a Co enant re red. ]ea ve er's sjgnature no�anzgd on the attached doeume and ret�r�n me.�J N °``�'0 �Ddvmc � G�,u„crq��La�" .�,.o �J URR..Y otJ 51'fL� 1✓ sr = LoT Gtn�crs t Lf t Size �3�0 lsrin .% Zone _&4_'No. of Units Allowed Proposed49 " Jowl- Buildnblc Area � I�,o Coverage O ES✓ww M Maximum Structural Area -YA444 At J,,�t (Area including exterior halls, stairway(s) on one level and required parldng), y x buildable arcs. I'm- y Structural Provi a ussuc vcrlay o ca cuiations verifying proposed square footage. "►v at -Open Space Area cu.ft. (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in anv direction (6'x 6:x 61, and open on at least two sides, or one side and one end, unless otherwise specified in Zoning Code. Lke,uirw Setbacks eyt- L,-�,T-/ U C,CO Front S G�NFt�G l.oi („t1Jtf5 Rear 3 v}fs/leer/�✓ur.cesuYs.t�, 2> l� fL44'j- F-o.L 'jPCowtnJ(' Right Side eft Side rurNL) rvtpC, Tote: The fglIowing may not be permitted to encroach into required setback: Balconies Fireplaees Decks Bay/Garden Windows _Remarks: i. Provide floor plan(s), fully dimensioned. showing all room uses. 2-,Provide Ily dimensioned, showing: location of all buildings, and distance to property lines. C 1 vl L- db distance from face of curb to front property line (verify with Public Works) _ second and third floor footprints (if applicable) all projections (i.c. fireplaces, bay windows), label distance(s) to PL(s) �1-=' distance between buildings height Limltation Measured tiom natural grade to midpoint of roof. Code allows an additional 510" to the peak of the ridge height Allowable midpoint/Met 32-r Allowable ridge height 37 t Dimension all elevations from natural grade to: AQ�7h' Label natural grade and finished grade on all elevation. ( lrLr V P �- Sup,Twt-rrGe 6Y C(V'L� 8/6 �S`Jtld 46LL0L5009�QI naa mr Ave oI31civa-Roal sv,st Le-isL-esa 14"w4. 11br114. i I' li e• EM • Telephone: (7I4) 644-3200 By;Genia Garcia. Associate Pllannn�er� 1 arc My rs. Associate Piannu� Date Plan Chock W. By:Aziz Aslami, Associate Planner M q Proposed By; as-1"0 prGaf4d� re /1Lt-r5 Address 23od �Gwmt ba�ee, 2ao� Districtin-10 g Ma No; Land Use Element Page No. �/ Description Lot I3lock_ - ' '"-- .4F Verify legal description with Public Works r�J i Joaquin Hills Transportation Corridor 'x1,4. /K Dedication SPECIAL APPROVAL REOUIRED THROUGH: Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Plans WNP Modification required lanni ng-Commission/Citv_Coun_cil: Use Permit: No._ Variance: No._ ResubdivisiontTract: No._ Site Plan Review: NO.- -- Amendment: No. __Q_Other� Public Works: i=ment/Encroachment Permit Subdivision Engineer A7`" -Traffic Engineer Approval of Landscape Plans Significant Links Building Department: Grading Engineer FerlesDej7ammem: Approval of Landscape Plans Coastal Approval Rcauired: Exempt, Bequse Categorical Exclusion No. (C.E.O.) Effective Date (Note. Building permits may be issued 10 days following issuance of C.E.O.) Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) Waiver it Effective Date Coastal Development Permit No. Effective Date Miscellaneous Chimney (and chimney caps etc.) heights permitted only as r red by .B.C.or manufacturer specifications plus additional 12" maximum for cap/shark arrestor w a v D3 /25e-lk btrrkq-5 4, NOTE ON PLANS: Pools, spas, walls, fences, patio covers and otherfreestanding structures�equui �ire separate reviews and permits. l — l GdFVQ 4d, A-brr-5 d`1oT E -!lc -9 7 Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. 'MARKS: It''Is the responsibility of the applicant to circulate their plans and obtain the necessary appro%mis from the departments chocked above. Ifyou have questions regarding your application, please contact me at (714) 644-3200. FORMS'1RESZNCORDOC Rev.1196 s 8/8 30VC1 VVZ4019009.cl Asa Wr AVG OIdIOHd-WONA 6b•St LG-bt-saa 0111OW4LI tL . u,i it Iha� • A- May be in Flood hazard Area. Check with Building Department for minimum finish floor elevations. 460 e Remarks 7 Reaui� Parkine: clear inside minimum dimension / CJ.Yfowc� aN ErKi'i',�� 9'-4" x IV single space +' 17'-6" x 19' two spaces 8' x 10 third/foutth space(s) 5 Labcl clear inside dimensions of provided parking spaces y ELr {t5 E`f ,A,1, I.,ot, �� s demolition proposed? Number of units to be demolished 1 Fairshare Conrribution'-h�a. dun .Cli �.v�r.h : , R c - i 0 Ply. IZy,--J7; . �� fix. � v �• /fib ,,a '"� ' .?�59G • , PROJE-(`Y DATA TOTAL ._� U-,A tw 3 1 u1.1'L �1 .'.-r.J♦ LF,1l.DI4„, L�.O17 57` 1 r:-Cr• . •,TIC•'1 t. J i. T +iS115 -2 Zarb `✓P 4.261 5F 1 ' 1 ram ,mzA SHCY',J: A1,V RLSTKOOMS 'tL.'.'.':?,.;✓t-I C:11L+JIiZ6 1K'LL15 IAC7 S� 1,86r SF POCLA., CPI I<5 441 5F i • e , i'C�nJ .w i AiJ GJI.;:JHGU ;� FOr:D AREA TfL115 5115 se 1 1 TR:2.1.15 V52 sr- I I'GnD r',.\'.J DMON LhITRY +„ e 156 cS WLDIN.i PONT G4GF&7:;: 40ri Sr s{2 5F �WGFuJ . �liTi�Y TCr`,::2 Mir!}! T 15G 5r 'r I 5c".GCitJivAAY ZY TO%iCi: 4f 5r i • `n S h e E i I 4 ?j 'f I q � F:t;rinev FS=Ii.c""rILENT5: I SPACE PER 200 Sr FOiJ I: GI'tEATION , j, , 882 SF / 200 5 SPACE5 e,IS;in' Kt rRr—,TION AJZ-'.: 2017 5F= / 200 �: 10 5PAGE5 s P ra4 TO'CIVIL PI✓`.W P.4ZrIK5 EXHIBIT FOR PARKINS PF.OVIDE 4 Fe CITY OF NEWPORT BEACH P.O. -BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANNING DEPARTMENT (714) 644-3200 Pacific Bay Homes Attn: Marcus Lamkin, applicant 4041 MacArthur Blvd., Suite 500 NewportBeach,CA 92660 ApplicationNo: Applicant: Address of Property Involved: Legal Description: Dear Mr. Lamkin: MODIFICATION PERMIT September 18, 1997. Modification Permit No. 4596 Pacific Bay Homes (Marcus Lamkin, applicant) 2300 Jamboree Road Parcel in Book 140, Page 1 Modification Requested: To permit the construction of entry gates, monuments, freestanding structures, perimeter walls and recreation amenities that encroach into required setbacks, and in some cases, exceed the permitted height limits, located within the Aeronutronics Ford'Planned Community currently under construction. The Modifications Committee, on Member 16, _1 997, unanimously approved the application subject to the following condition: 1. That development shall be in substantial conformance with the approved plot plan, and elevations. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. That the proposed freestanding structures are a logical use of the property that would be precluded by strict application of the zoning requirements for this District for the following reason: 3300 Newport Boulevard, Newport Beach September 18, 1997 Page: 2 The freestanding structures and monument entry markers are specific and unique to the residential development of the site. 2. That the proposed freestanding structures will not be detrimental to the surrounding area or increase any detrimental effect of the existing use because: • The proposed entry gates are located on private streets within the subject property. • The monuments are located on private property situated away from public property or residential properties. 3. That the proposed freestanding structures will not affect the flow of air or light to adjoining residential properties. 4. That the proposed freestanding structures will not obstruct views from adjoining residential properties. NOTE: This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the NewportBeach Municipal Code. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of $876.00. No building permits may be issued until the appeal period has expired. MODIFICATIONS COMMITTEE By EraAssociatePlanerg n Chairperson C Modification Permit No. 4596 ,r r C Modifications Requested One Ford Road Tentative Map 15332 Setback netgat ITEM CODE PROPOSED CODE IPROPOSED 1. Perimeter Stone Wall •5' 9:5' . 2. Main Tower 2' 31.5' Secondary Tower OK 22' Entry Tower OK 15'. 5. Entry Stone Pilasters •0' 11' 6. Stohe Median Wall OK 11' 7 Guardhouse Trellis OK 8. Ford Recreation Areas Trellis OK 11.6' 9 Ford Recreation Areas Fireplace OK 15.6' 10. Bison Pool Equipment Bldg. w/Trellis 12' 17.3' 11. Bison Recreation Bldg. W/ Trellis trellis - 9' 30.2'111.6'• • #1130.2' is for the Building /11.6' is for the Trellis A G:projman/fordrd/modifica.doc. EXHMrr"A" Approved by the Planning Commission 618195 Approved by the City Council 7/10/95 FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL IMPACT REPORT NO.153 GENERAL PLAN AMENDMENT 93-2(A) AMENDMENT NO.800 DEVELOPMENT AGREEMENT NO.8 TENTATIVE MAP OF TRACT NO. 14925 (Ford Land/Newport) A Environmental Impact Resort No 153 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 the proposed Final EIR, which includes the Draft EIR, Comments and Responses, revisions to the Draft EIR, and all related documents in the record is complete and adequate to satisfy all the requirements of CEQA for the proposed project. 3. That the analysis and conclusions contained in the proposed Final EIR reflect the independent judgment of the Planning Commission. 4. That the Planning Commission has reviewed and considered the information contained in the proposed Final EIR prior to making its recommendations to the City Council. Mitigation Measures: Short Term Impacts from Demolition and Construction -related Activities. (See Sub -section 3.3.3.1.1 in Impact Analysis) 1. Soil disturbance shall be halted when winds in excess of 25 mph make dust control impractical. 2. To minimize emissions by reducing interference of construction traffic with regional non - project traffic movement, the following measures shall be implemented where possible: Scheduling receipt of construction materials to non -peak travel periods. Exhibit A- Final Findings and Conditions GPA 93.2(AYA 800(I-iM 14925/DA 8 Page 1 I r.. M I Routing construction traffic through areas of least impact sensitivity. Providing ride -share incentives for contractors and subcontractor personnel. e<3. To avoid spill -over impacts on neighboring roadways, construction vehicles shall be hosed down before entering public roadways from any dirt road project areas, or shall be limited to exiting the site from only paved roads. 4. The project access to public roadways shall be washed/swept at regular intervals to minimize dirt impacts on neighboring roadways. 5. Emissions from on -site construction equipment shall be controlled through a routine mandatory maintenance program. Demolition and Construction -related Noise (see Sub -section 3.4.3.1.1 in Impact Analysis) A note stating these requirements shall be placed on all demolition, grading and construction plans: 6. No stationary construction equipment shall be permitted to operate in a manner that results in either: a. An exterior noise level greater than 55 dBA Leq (daytime) or 50 dBA (nighttime) at the property line of any occupied residence; or b. An interior noise level greater than 45 dBA Leq in any occupied residence. 7. Prior to the issuance of any demolition, grading or building permits the project applicant shall demonstrate that all construction staging shall be performed on -site as far as feasible from occupied dwelling. Remediation Equipment Noise (see Sub -section 3.4.3.1.2 in Impact Analysis) Prior to issuance of any building permit for remediation equipment, the applicant shall submit to the Building Department a report prepared by a licensed acoustical engineer certifying that operation of the equipment will not cause an increase in ambient noise of greater than 1 dBA nor exceed an exterior noise level of 55 dBA Leq (daytime) or 50 dBA Leq (tight time), or an interior level of 45 dBA Leq, or as set forth in the Citys Noise Ordinance. 9. Soil Remediation (see Sub -section 3.6.3.2.1 for Impact Analysis) Prior to issuance of a grading permit the applicant shall submit evidence acceptable to the Building Department that the additional investigations and/or remedial activities at APECs identified in Tables 2 through 8 contained in Appendix I (referred to in section 3.10--Public Health and Safety) have been performed and all shallow soil contamination within the planning Exhibit A - Final Findings and Conditions GPA 93.2(AYA 8OOrrIM 14925/DA 8 Page 2 t area for that project phase has been remediated to acceptable levels as defined by the Health Risk Assessment(s) and approved by the OCHCA. 10. Demolition Sampling Plan (see Sub -section 3.6.3.2.1 for Impact Analysis) Prior to the issuance of general grading pennits, the project proponent shall submit a Post Demolition Investigation Work Plan to the City. The plan shall be based on the potential presence of contaminated soils, and include procedures to be followed to identify contaminated soil during the subject facility demolition process. This plan shall include a stipulation that areas of contaminated soil will not be left uncovered during the rainy season. 11. Remedial Action Plan (see Sub -section 3.6.3.2.2 for Impact Analysis) Prior to approval of any Final Subdivision Map that would create a legal building site for residential development, the project proponent shall provide the Newport Beach Planning Department a Groundwater Remedial Action Plan approved by the Regional Water Quality Control Board. Light and Glare (see Sub -section 3.8.3.3 of Impact Analysis) 12. Prior to the issuance of any building permit for any community recreation facility or common area that includes exterior lighting the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that in his or her opinion, this requirement has been satisfied. Screening ofRemediation Systems (see Sub -section 3.8.3.4 of Impact Analysis) 13. Prior to issuance of any building permit for a remediation system, the applicant shall demonstrate to the Planning Department that the screening for the structure substantially conforms to the illustrations provided in Figure 21 of the EIR. For purposes of this requirement, 'interim facilities" shall mean those intended for an operation period of less than one year, and 'long-term facilities" shall mean those intended for an operation period of one year or more. Fire Protection (see Sub -section 3.9.3.1 in Impact Analysis) 14. Prior to approval of tract maps or site plans, the project proponent shall make appropriate provisions to permit access by the Fire Department at all entry gates. Exhibit A - Final Findings and Conditions GPA 93-2(AYA 800frrM 149251DA 8 Page 3 -a, Police (see Sub -section 3.9.3.2 in Impact Analysis) 15. Before approval of any residential building permit, the project proponent shall consult with the Police Department regarding appropriate crime prevention features in site and building design and construction. 16. Prior to approval of tract maps or site plans, the project proponent shall make appropriate provisions to permit access by police at all entry gates. 17. Project Demolition Prior to issuance of any demolition or grading permit a Project Demolition, Manual shall be submitted w by the applicant and approved by the Building and Fire Departments. All demolition�lans and permits shall contain a note stating that all work shall be done according ttithe rentnr— emP�k nn t rnPriar�finnc to City inspectors, contractors and employees upon request. The manual shall include a. Removal of Hazardous Substances The manual shall describe the hazardous substances to be removed prior to demolition of structures, the cleanup standards to be met, and the procedures to be followed by the contractor. b. Health and Safety Plan The Health and Safety Plan shall be based on the potential presence of hazardous substances in buildings, equipment and in subsurface soils, and shall outline proper procedures and safe work practices to ensure the safety and protection of all workers involved in the demolition, environmental clean-up and general site activities, as well as residents of the surrounding area and the general public. The plan shall meet all applicable federal, state and local requirements. c. Demolition Sampling Plan The Demolition Sampling Plan shall be based on the potential presence of contaminated soils, and include procedures to be followed to identify contaminated soil during the site demolition process. d. Air Monitoring and Response Plan The manual shall include a plan for on -site and perimeter air monitoring to be conducted during demolition and grading, and a response plan describing remedial actions to be taken in the event that unacceptable levels of air emissions are detected. Exhibit A —Final Findings and Conditions GPA 93-2(AyA 80OMM 14925/DA 8 Page 4 18. Pre -Demolition Building Certification Prior to the issuance of a demolition permit for each building, the project proponent shall demonstrate to the Building Department that all pre -demolition clean-up has been completed in compliance with the Project Demolition Manual. This certification shall include the following: a. Removal of Hazardous Substances The applicant shall demonstrate that hazardous substance removal has been completed in accordance with the Project Demolition Manual. 19. Soil Remediation Prior to issuance of a grading permit the applicant shall submit evidence acceptable to the Building Department (in coordination with the Planning Department) that the additional investigations and/or remedial activities at APECs identified in Tables 2 through 8 contained in Appendix I have been performed and all shallow soil contamination within the planning area for that project phase has been remediated to acceptable levels as defined by the Health Risk Assessment(s) and approved by the OCHCA. Remedial Action Plan Prior to approval of any Final Subdivision Map that would create a legal building site for residential development, the project proponent shall provide to the Newport Beach Planning Department a Groundwater Remedial Action Plan approved by the Regional Water Quality Control Board. Pre -Development Health Risk Assessments Prior to approval of any Final Subdivision Map that would create a legal building site for residential development, the project proponent shall submit to the Planning Department an OCHCA-approved Health Risk Assessment(s) and Health -Based Cleanup Levels (IdBCLs) demonstrating that all potential health risks associated with soil and groundwater contamination will be eliminated prior to residential construction. Health Risk Assessment(s) shall include both construction worker and residential scenarios. Concurrent with submittal to OCHCA, the applicant shall provide all data and reports in support of the Health Risk Assessment to the City for its independent review and analysis. Prior to issuance of any residential building permit the applicant shall demonstrate that either: 1) all appropriate remedial actions have been completed to the satisfaction of OCHCA and RWOCB: or 2) Ca ny remedial_ acri�oenU ons �t at con mue er commencement of rest ^i construction have been determined by OCHCA to have no health risk to occupants. Exhibit A - Final Findings and Conditions GPA 93-2(AyA 800117 M 14925/DA 8 Page 5 yl Post -Development Health Risk Assessments Prior to issuance of a building permit for any remedial action that would remain in operation after commencement of residential development and may involve air emissions, the proponent shall provide the Building Department with a copy of the air permit issued by the South Coast Air Quality Management District (SCAQMD). SCAQMD uses risk assessment data to establish allowable air emissions which are stipulate& in the permit conditions. 23. City Monitoring of Closure, Demolition and Remediation Activities Prior to issuance of any demolition or grading permit the City shall select and retain a qualified hazardous materials consultant to monitor and verify compliance with all adopted mitigation measures related to site closure, demolition, remediation and health risk assessment activities, with the cost of this consultant to be paid by the applicant, Both the consultant and the consultant's scope of work shall be acceptable to both the City and Ford. The applicant shall provide to the City or its designee in a timely fashion copies of all written correspondencewith the OCHCA, RWQCB, and any other agency involved in review and approval of soil and groundwater remediation of the site. B. General Plan Amendment 93-2(A) Adopt Resolution No. 1393 recommending City Council approval of GPA 93-2(A). C. Amendment No. 800 Adopt Resolution No. 1394 recommending City Council approval of Amendment No. 800. D. Development Agreement No. 8 Adopt Resolution No. 1395 recommending City Council approval of Development Agreement No. 8. In addition, the Planning Commission recommends that the following provisions be incorporated into the Development Agreement: 1. That as a public benefit, Ford Motor Land shall pay the cost of a traffic study evaluating potential solutions to the problem of through traffic from the Bison Avenue entrance in the Eastbluff neighborhood, and shall also pay the cost of implementing a solution agreed upon by the City and the Eastbluff community with the stipulation that if a solution other than the four possibilities outlined by the City Traffic Engineer is adopted, Ford's financial obligation shall not exceed the cost of the most expensive of those four solutions; and Exhibit A - Final Findings and Conditions GPA 93-2(AyA 800MM 149251DA 8 Page 6 2. That the Development Agreement reflect all of the conditions and mitigation measures contained in the EIR; and That the City Council consider including in the Development Agreement a provision for indemnifying the City from liability related to contamination of the site. E. Tentative Man of Tract No. 14925: Findings: That the subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and its objectives, policies, general land uses and programs, and the Aeronutronic Ford Planned Community Development Plan and District Regulations. 2. That the site is physically suitable for the type of development proposed. 3. That the site is physically suitable for the density of development proposed. 4. That the design of the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. That the design of the subdivision is not likely to cause serious public health problems. 6. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 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. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the final map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments Exhibit A - Final Findings and Conditions GPA 93-2(AyA 800frTM 14925/DA 8 Page 7 (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 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 and the Building 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 basic roadway width shall be a minimum of 36 feet with parking on both sides. That the collector ring road shall have a minimum width of 40' curb to curb. That the cul-de-sacs shall be designed to conform to minimum City standards as shown in City Std. 103-L with planters or other designs as approved by the Public Works Department and Fire Department. That all bends in roadway shall be designed using the City standard knuckle Standard No. 104- L or other designs as approved by the Public Works Department to provide an adequate turning radius for moving vans and fire trucks. That all street curb returns shall have a minimum radius of 25'. That the location of all underground utilities in the private streets shall conform to City Std. 101-L. That a minimum centerline radius for private streets shall be 150', unless otherwise approved by the Public Works Department. 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 an Encroachment Agreement be executed for all non-standard paving improvements proposed in private streets and utility easements. 8. 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, and trees with canopies above 8 feet will be considered. Exhibit A - Final Findings and Conditions GPA 93-2(AYA 800MM 14925/DA 8 Page 8 9. That easements for ingress and egress be provided for all lots that do not have frontage along the private street system unless otherwise approved by the Public Works Department. 10. 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. 11. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The gated entry shall have a minimum of two lanes in (one for visitors and one for owners). The guard gate shall be positioned so that a minimum of 80' is provided for automobile stacking. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 12. 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. 13. 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. 14. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. 15. That the following improvements be completed: a. On Jamboree Road: That the left turn lane and traffic signal be removed at the Ford -Loral entrance. This will require the construction of a median island and landscaping, removal of the north bound deceleration lane into Ford -Loral which will require the construction of new curb, gutter and sidewalk improvements along a portion of the Jamboree Road frontage and possible installation of additional street lighting where the traffic signal was removed as approved by the Public Works Department. b. On Ford Road: That the unused drive aprons be removed and replaced with curb, gutter and sidewalk, and that the unused left turn lane be removed and replace with a median island and landscaping as approved by the Public Works Department. C. That deteriorated or displaced sections of sidewalk be reconstructed along the Jamboree Road and Ford Road frontages. That all work be completed under an encroachment permit issued by the Public Works Department. Exhibit A - Final Findings and Conditions GPA 93-2(AyA 800MM 14925/DA 8 Page 9 16. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 17. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to' be required by the study shall be the responsibility of the developer. 18. That the drainage from the slopes adjacent to Jamboree Road and Ford Road be picked up in concrete drainage swales and conveyed to the storm drain unless otherwise approved by the Public Works Department. 19. That the drainage along the northerly tract boundary adjacent to Hartford Drive and Hillsdale Drive be directed away from tract boundaries and conveyed to the storm drain system. 20. That the Water Capital Improvement fee be paid, unless otherwise modified or waived by the City Council. 21. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate .to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 22. That County Sanitation District fees be paid prior to issuance of any building permits 23. That the Public Works Department plan check and inspection fee be paid. 24. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the Jamboree Road, Bison Avenue or Ford Road rights -of - way. (AInr oO t�zAvdw rs ) 25. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 26. That this map is for financing and conveyance purposes only, and no legal residential building sites shall be created until subsequent subdivision maps are approved and recorded. Building permits for non-residential structures (e.g., recreation facilities and Exhibit A • Final Findings and Conditions GPA 93.2(AyA 800frrM 14925/DA 8 Page 10 guard gate entrances) may be issued upon recordation of this map and satisfaction of all applicable requirements, however. 27. That all lettered lots shall be privately owned, landscaped and maintained. 28. Prior to recordation of any final map the subdivider shall submit a street naming program for approval by the Planning Commission. F:\WINDOWS\PLANNING\UGHN-D\FORD\PC\F&C-FINL.DOC Exhibit A - Final Findings and Conditions GPA 93-2(AYA SOOMM 14925/DA 8 Page I I City of Newport Beach Planning Commission Minutes August 8,1996 E. TRAFFIC STUDY NO.109 Findings That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15 of the Newport Beach Municipal Code and City Policy L-18 (formerly S-1 ). 2. That the Traffic Study has been reviewed by the City Traffic Engineer and found in compliance with the Traffic Phasing Ordinance. 3. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major,' 'primary -modified,' or 'primary' street, based on the characteristics of the proposed development. 4. That the Traffic Study indicates that the project -generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour morning peak period on any study intersection and that therefore no further study of those intersections is warranted. 5. That the Traffic Study indicates that the project -generated traffic will be greater than one percent of the existing traffic during the 2.5 hour afternoon peak period on two of the study intersections and that further ICU analysis for both intersections indicates an acceptable ICU value of less than 0.90 is achieved. II. SUBJECT: Pacific Bay Homes 2300 Jamboree Road • Tentative Map of Tract No.15332 Subdivision of a parcel of land into 404 numbered lots, 50 lettered lots and a parcel of land for roadway dedication in conjunctionwith a residential development. CommissionerThomson stepped down from the dais because of a possible conflict ofinterest. Ms. Temple indicated the provided copies of a letter from the Belcourt Master Association received this afternoon at the Planning Department. This letter advises that concerns previously expressed in a letter attached to the staff report have been resolved between themselves and Pacific Bay Homes. INDEX Item No. 2 Tentative Map of Tract No.15332 Approved City of Newport Beach Planning Commission Minutes August 8, 1996 Mr. Garcia indicated that a supplemental report was distributed to the Commission. This report includes wording modifications to specified conditions of approval. Staff has met with the applicant to review these changes and all agree to these changes. Chairperson Adams asked staff if this Tract Map represents any substantive changes from the preliminary exhibits at prior meetings. Staff answered there were none. Public Hearing was opened. Mr. Tim Paone, representing Pacific Bay Homes stated that the applicant has read the staff report with modifications and agrees to the findings and conditions of Tentative Map of Tract No. 15332. Patricia Begg, 11 Northampton Court, Belcourt Hill - spoke of unresolved concerns of the development impact on her property. Ms. Temple stated that the issues raised regarding traffic, pollution, groundwater situation were previously addressed by the Commission and City Council during the process authorizing the overall entitlement for the project. Ms. Lynn Hetherington, the City's consultant on this project, is present and can give a verbal report at Commission request. Public Hearing was closed. Commissioner Ashley commented that the issues have been resolved by the Belcourt Association and the applicant in a cooperative and professional manner and do not need to be addressed by the Commission. Motion was made by Commissioner Ridgeway for approval of Tentative Map of Tract No. 15332. Ayes: Ridgeway, Kranzley, Adams, Gifford and Ashley Noes: none Absent: Selich Abstain: Thomson Findin s That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision; and that for the reasons set forth in detail in the staff report to the Planning Commission dated August 8, 1996, none of the findings which would require the denial of Tentative Map of Tract No. 15332 can be made in this case. INDEX City of Newport Beach Planning Commission Minutes August 8,1996 2., That the proposed subdivision presents no problems from a planning standpoint, since it is consistent with the approved Development Agreement No. 8 and the requirements of the Aeronutronic Ford Planned Community District Regulations. 3. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 4. 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. 5. That Final EIR No. 153 (SCH #94011022), previously certified on July 10, 1995, was considered prior to approval of the project, was determined adequate for this project, and satisfies all requirements of CEQA. The Final EIR reflects the independentjudgment of the City Council. 6. That the mitigation monitoring requirements of Public Resources Code Section 21081.6 will be met through required compliance with applicable codes, standards, mitigation measures, and conditions of approval adopted in connection with the project and as stated in the Mitigation Monitoring and Reporting Program for the project as contained in Final EIR No.153. Conditions: That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the final map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the City Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 2. That all improvements be constructed as required by Ordinance and the INDEX City of Newport Beach Planning Commission Minutes August 8,1996 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 and the Building Department. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. A Traffic Engineering Study is required for any proposed modifications to the left turn pockets on Bison Avenue and Ford Road that serve the development. Final lane geometrics shall be reviewed and approved by the City 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 basic roadway width shall be 36 feet with parking on both sides and 32 feet minimum with parking on one side. That the collector ring road shall have a minimum width of 40' curb to curb. That the cul-de-sacs shall be designed to conform to minimum City standards as shown in City Std. 103-L with planters or other designs as approved by the Public Works Department and Fire Department. That all bends in roadway shall be designed using the City standard knuckle Standard No. 104-L or other designs as approved by the Public Works Department to provide an adequate turning radius for moving vans and fire trucks. That all street curb returns shall have a minimum radius of 25'. That the location of all underground utilities in the private streets shall conform to City Std. 101-L (or as approved on the master plan). That a minimum centerline radius for private streets shall be 150'. 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 prior to issuance of any improvement plans (unless otherwise approved by the Public Works Department) and/or prior to issuance of any building permits, the applicant shall demonstrate to the Planning Department that the street lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City, with a letter from the engineer stating that, in his opinion, this requirement has been met. n,M- r/1 '• L06� INDEX City of Newport Beach Planning Commission Minutes August 8, 1996 8. Cul-de-sacs with a design length greater than 500 feet must have the written approval of the City Fire Department prior to recordation of the final tract map. 9. 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. 10. 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. 11. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The gated entry shall have a minimum of two lanes in (one for visitors and one for owners). The guard gate shall be positioned so that a minimum of 80' is provided for automobile stacking. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 12. 13. 14. 15. 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. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width and material to be approved by the Public Works Department. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. That the following improvements be completed: On Jamboree Road: That the left turn lane and traffic signal be removed at the Ford -Loral entrance. This will require the construction of a median island and landscaping, removal of the north bound deceleration lane into Ford -Loral which will require the construction of new curb, gutter and sidewalk improvements along a portion of the Jamboree Road frontage and possible installation of additional street lighting where the traffic signal was removed as approved by the Public Works Department. INDEX City of Newport Beach Planning Commission Minutes August 8, 1996 INDEX On Ford ,Road: That the unused drive aprons be removed and replaced with curb, gutter and sidewalk, and that the unused left turn lane be removed and replaced with a median island and landscaping as approved by the Public Works Department. That deteriorated or displaced sections of sidewalk be reconstructed along the Jamboree Road and Ford Road frontages. That the drainage from the slopes adjacent to Jamboree Road and Ford Road be picked up in concrete drainage swales provided behind the sidewalks and conveyed to the storm drain unless otherwise approved by the Public Works Department. The design shall be approved by the Public Works Department. That all work be completed under an encroachment permit issued by the Public Works Department. 16. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 17. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. The developer may be required to upgrade the City's_Belcourt sewer pump station to handle the additional sewage generated from the proposed development or may be required to construct a new trunk line to connect to the Irvine Ranch Water District facilities, if determined necessary by future engineering studies and reports as required by the Utilities Division. 18. DELETED. 19. DELETED. 20. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 21. That County Sanitation District fees be paid prior to issuance of any building permits if applicable. 12 City of Newport Beach Planning Commission Minutes August 8,1996 22. X. Works Department plan check and inspection tee be .. . Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the Jamboree Road, Bison Avenue or Ford Road rights -of -way, unless otherwise approved by the Public Works Department. Street closures for deliveries shall be approved by the City Traffic Engineer and subject to the approval and issuance of an encroachment permit by the Public Works Department. 24. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 25. That a non-standard improvement agreement be executed with the developer/community association if textured pavement is used in the private streets or easements. This agreement will require the developer/association to replace the improvements at no cost to the City should they have to be removed to maintain the public utilities. 2 . That demolition, site preparation and other construction activity shall be limited to the hours of 7:00 a.m. to 6:30 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. Saturdays, in accordance with Newport Beach Municipal Code Section 10.28.040 and any other appropriate sections of the Municipal Code. 27. That at the time of building or grading permit issuance, the applicant shall demonstrate that adequate noise control measures, at all construction sites, are provided through the provision of mufflers and the physical separation of machinery maintenance areas from adjacent residential uses.(in accordance with Noise Element Policy 4.3.5). 28. All residential lots and dwellings shall be sound attenuated against present and projected noise which shall be the sum of all noise impacting the project so as not to exceed an exterior standard of 65 dBA CNEL in outdoor living areas and an interior standard of 45 dBA CNEL in all habitable rooms (windows closed) or 55 dBA CNEL with windows open. Evidence prepared by a County -certified acoustical consultant, that these standards will be satisfied in a manner consistent with applicable regulations, shall be submitted as follows: a. Prior to the recordation of a final tract/parcel map or prior 13 INDEX r r: City of Newport Beach Planning Commission Minutes August 8,1996 to the issuance of grading permits, an acoustical analysis report shall be submitted to the Building and Planning Director for approval. The report shall describe in detail the exterior noise environment and mitigation measures. Acoustical design features to achieve interior noise standards shall be included in the report which also satisfy "b" below. b. Prior to the issuance of any building permits for residential construction, an acoustical. analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Building and Planning Director, for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the project's plot plan illustrating height, location and construction in a manner meeting the approval of the Building and Planning Director. That no stationary construction equipment shall be permitted to operate in a manner that results in either: An exterior noise level greater than 55 dBA Leq (daytime) or 50 dBA (nighttime) at the property line of any occupied residence; or An interior noise level greater than 45 dBA Leq in any occupied residence. 30. Prior to the issuance of any demolition, grading or building permits the project applicant shall demonstrate that all construction staging shall be performed on -site as far as feasible from occupied dwellings. 31. Prior to issuance of any building permit for remediation equipment, the applicant shall submit to the Building Department a report prepared by a licensed acoustical engineer certifying that operation of the equipment will not cause an increase in ambient noise of greater than 1 dBA nor exceed an exterior noise level of 55 dBA Leq (daytime) or 50 dBA Leq (night time) measured at the project property line, or an interior level of 45 dBA Leq, or as set forth in the City's Noise Ordinance (Community Noise Control Ordinance). l 14 INDEX A- ry�yf 01, 8" a /41_ ' City of Newport Beach Planning Commission Minutes August 8,1996 INDEX All grading shall conform to the requirements of Sec. 15.04.140 of the Municipal Code (Excavation and Grading Code) and shall require approval of grading plans and permits unless otherwise approved by the Building Department. Grading plans shall include, but may not be limited to, the following: a. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains; b. Detailed plans for temporary (during construction) and/or permanent sediment, erosion and pollution control facilities. The Building Official may require the inclusion of pollutant traps on the plans and specifications to intercept pollutants draining from the project; C. Any additional plans, drawings, calculations, environmental impact information, or other reports required by the Building Official. If the grading project includes the movement of earth material to or from the site, the Building Official may require a description of the haul route to be submitted for approval. d. If required by the Building Official, a Soil Engineering Report including data regarding the nature, distribution, strength consolidation characteristics of existing soils, conclusions and recommendations for grading procedures, and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading. These listings shall not be interpreted to prevent the Building Official from requiring other information required to produce a safe and stable condition. e. If required by the Building Official, an Engineering Geology Report including an adequate description of the geology of the site, including necessary maps and illustrations showing geographic distribution of the features described related to the proposed development, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. 15 City of Newport Beach Planning Commission Minutes August 8,1996 Recommendations included in the report and approved by the Building Official shall be incorporated into the grading plans and specifications. All structures shall be designed and constructed in accordance with the seismic design requirements of the Uniform Building Code and/or the Structural Engineers Association of California. 34. A master drainage plan shall be prepared prior to subsequent discretionary actions (final maps or resubdivisions) for each project phase at the contributory drainage area level. 35. The velocity of concentrated runoff from all lots shall be evaluated and controlled, as necessary, as part of project design to minimize impacts of adjacent lots and off -site areas. 36. The project design engineer shall review and state that the discharge of surface runoff from the project area will be performed in a manner to assure that increased peak flows from the project will not significantly increase erosion downstream. This certification shall be reviewed and approved by the Planning and Building Department. 37. Existing on -site drainage facilities shall be improved or updated as necessary to the satisfaction of the City of Newport Beach Public Works Department. 38. All parking and other on -site paved surfaces shall be routinely vacuum - swept and cleaned to reduce debris carried into the drainage system. This measure shall be included in project Covenants, Conditions, and Restrictions. 39. Project design at all levels shall incorporate both appropriate structural and non-structural water Quality Best Management Practices (BMPs) consistent with the Countrywide Drainage Area Management Plan, dated October 1993. Compliance shall be determined by the Newport Beach Public Works Department prior to any subsequent discretionary actions. 40. A copy of the SWPPP construction activities shall be maintained on -site for convenient reference by construction personnel. /0010 Prior to issuance of a grading permit the applicant shall submit evidence acceptable to the Building Department that the additional investigations and/or remedial activities at APECs identified in Tables 2 through 8 contained in Appendix I (referred to in section 3.10-Public Health and Safety) of EIR 153, have been performed and all shallow soil INDEX City of Newport Beach Planning Commission Minutes August 8, 1996 INDEX contamination within the planning area for that project phase has been remediated to acceptable levels as defined by the Health Risk Assessment(s) and approved by the OCHCA. Prior to the issuance of general grading permits, the project proponent shall submit a Post Demolition Investigation Work Plan to the City. The plan shall be based on the potential presence of contaminated soils, and include procedures to be followed to identify contaminated soils, and include procedures to be followed to identify contaminated soil during the subject facility demolition process. This plan shall include a stipulation that areas of contaminated soil will not be left uncovered during the rainy season. Prior to approval of any Final Subdivision Map that would create a legal building site for residential development, the project proponent shall provide the Newport Beach Planning Department a Groundwater Remedial Action Plan approved by the regional Water Quality Control Board. 04.Prior to the issuance of any building permit for any community recreation facility or common area that includes exterior lighting the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that in his or her opinion, this requirement has been satisfied. Prior to issuance of any building permit for a remediation system, the applicant shall demonstrate to the Planning Department that the screening for the structure substantially conforms to the illustrations provided in Figure 21 of the EIR. For purposes of this requirement, "interim facilities" shall mean those intended for an operation period of less than one year, and 'long-term facilities" shall mean those intended for an operation period of one year or more. 46. All buildings in excess of 5,000 square feet shall be equipped with automatic fire sprinkler protection. 47. Fire vehicle access to all planned structures and sites shall be approved by the Fire Department. 48. On -site water mains and fire hydrant locations shall be approved by the Fire and Public Works Departments. 17 City of Newport Beach Planning Commission Minutes August 8,1996 INDEX 49. Fire flow from fire hydrants shall be provided in accordance witn the requirements of the Fire Department. 50. Prior to issuance of any BuildingPermit, the project proponent shall pay all applicable Fire Department plan check and permit review fees. Final design of any structures within the project area shall provide for the incorporation of water -saving devices for lavatories and other water using facilities. DELETED. 53. Prior to approval of tract maps or site plans, the project,proponent shall make appropriate provisions to permit access by the Police and Fire Departments at all entry gates. 54. Prior to approval of any residential building permits, the project proponent shall consult with the Police Department regarding appropriate crime prevention features in site and building design and construction. 55. That any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level in accordancewith of 55 dBA at the property line. 56. That any mechanical equipment and emergency power generators shall be screened from view and noise associatedwith said installations shall be sound attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved by the Planning Department. That any cul-de-sac, building address, and street name shall comply with City Standards and shall be approved by the Fire Department and the Planning Department prior to recordation of any Final Map. 0000010 A qualified archaeologist or paleontologist shall evaluate the site prior to commencement of construction activities, and that all work on the site be done in accordance with the City's Council Policies K-5 and K-6. 59. That all applicable mitigation measures imposed by Environmental Impact Report No. 153 and conditions of approval of Development Agreement No. 8 and its amendmentsshall be fulfilled. 60. That all lettered lots shall be privately owned, landscaped and maintained, unless otherwise approved by the Public Works Department. 18 City of Newport Beach Planning Commission Minutes August 8,1996 61. That a siltation, dust and debris control plan shall be submitted and subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region, as required by the Building Department Official. This shall be a complete plan for temporary and permanent facilities to minimize any potential impacts from silt, debris and other water pollutants. 62. That the siltation, dust and debris control plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. §� That this tentative tract map shall expire if the map has not been recorded (,// within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Ill. SUBJECT: Christiano Residence (Scot Martin, Architect) 600LarkspurAvenue Variance No.1210 The construction of a single family dwelling and attached garage which exceeds the allowable floor area and will not provide the required open space on property located in the R-2 District. Mrs. Genia Garcia presented the staff report and summarized the contents. Highlighted areas of the project description are: proposed structure to encroach 7 feet into the required 10 foot rear yard setback, bay window on the first floor to encroach 18 inches into the 3 foot side yard setback, where the Code allows a 1 foot encroachment; bay window with frosted glass for privacy on the second floor to encroach 1 foot into the side yard setback, where the Code does not allow bay window encroachments in side yard setbacks on the second floor and a fence that is designed as an architectural wing wall extension to encroach into the 10 foot rear yard setback ranging in height from 12 feet to 8 feet at the property line. Public Hearing was opened. Mr. Scot Martin, 31588 Westline Drive, Laguna Niguel architect representing the owners, in response to Commission inquiry, stated that they understand and agree to the findings and conditions of the Variance No.1210. Commissioner Kranzley referred to page 7 of the staff report regarding "...open space cube be provided with a minimum dimension in any direction of at least six feet that meets with the requirements of Section 20.11.040 ....:. and asked Mr. Martin if that condition had been met. Discussion followed. 19 INDEX Item No. 3 Variance 1210 Approved 1 4�EWPOR� CITY OF NEWPORT BEACH Hearing Date: August 8, 1996 p@� COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 2 Q. PLANNING DEPARTMENT Staff Person: Javier S. Garcia M3 NEWPORT BOULEVARD 644-3206 NEWPORT BEACH, CA 92659 (74) 644-3200; FAX (74) 644-5250 SUPPLEMENT REPORT TO THE PLANNING COMMISSION SUBJECT: Pacific Bay Homes 2300 Jamboree Road SUMMARY: Subdivision of a parcel of land into 404 numbered lots, 50 lettered lots and a parcel of land for roadway dedication in conjunction with a residential development. APPLICATION: Tentative Map of Tract No. 15332 Modifications to Conditions of Approval The applicant has met with Public Works and Planning Department staff and have mutually agreed to the following modifications to the conditions of approval of the tentative map. Add clarifying language to ConditionNo. 6 as follows: 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 basic roadway width shall be a minkmum of 36 feet with parking on both sides and 32 feet minimum with parking on one side. That the collector ring road shall have a minimum width of 40' curb to curb. That the cul-de-sacs shall be designed to conform to minimum City standards as shown in City Std. 103-L with planters or other designs as approved by the Public Works Department and Fire Department. That all bends in roadway shall be designed using the City standard knuckle Standard No. 104-L or other designs as approved by the Public Works Department to provide an adequate turning radius for moving vans and fire trucks. That all street curb returns shall have a minimum radius of 25'. That the location of all underground utilities in the private streets shall conform to City Std. 101-L (or as approved on the master plan). That a minimum centerline radius for private streets shall be 150'. 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. Add language to Condition No. 13 as follows: 13 That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width and material to be approved by the Public Works Department. A Add clarifying language to ConditionNo. 17 as follows: 17. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. The developer *fill n Ua be required to upgrade the City's Belcourt sewer pump station to handle the additional sewage generated from the proposed development or will may be required to construct a new trunk line to connect to the Irvine Ranch Water District facilities, jf determined necessary by future engineering studies and reports as required by the Utilities Division, Delete Condition No. 18, not applicable. 18. That the dfainage at tee o slepe t fact b ..a. ._adj .,« to HaFtford Dr4ye and Hillsdale Dr4ve be r i stern dfain system:. Delete Condition No.19, addressed by Development Agreement No. 8 and its amendment. Add clarifying language to ConditionNo. 23 as follows: 23. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the Jamboree Road, Bison Avenue or Ford Road rights -of -way unless otherwise approved by the Public Works Department Street closures for deliveries shall be approved by the City -Traffic Engineer and subject to the approval and issuance of an encroachment permit by the Public Works Department. Add clarifyinglanguageto ConditionNo. 34 as follows: 34. A master drainage plan shall be prepared prior to subsequent discretionary actions (final maps or resubdivisions) for each project phase at the contributory drainage area level. Delete Condition No. 52, as duplication of Condition No. 20. Tentative Map of Tract No.15332 Page2 Add clarifying language to ConditionNo. 61 as follows: 61 That a siltation, dust and debris control plan shall be submitted and subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region, as required by the Building Department Official This shall be a complete plan for temporary and permanent facilities to minimize any potential impacts from silt, debris and other water pollutants. Staff has no objections to the proposed changes and recommends that the revised Exhibit "A" as attached be substituted for the exhibit attached to the staff report of August 8, 1996. Submitted by: PATRICIAL. TEMPLE Planning Director Prepared by: JAVIER S. GARCIA, AICP Senior Planner FAW P5I\PLANNING\ I PUBNOT1PN960808\TTM 15332.sUP Tentative Map of Tract No. 15332 Page 3 4- EXHIBIT "A" (REVISED) FINDINGS AND CONDITIONS OF APPROVAL FOR TENTATIVEMAP OF TRACT NO.15332 FINDINGS: That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision; and that for the reasons set forth in detail in the staff report to the Planning Commission dated August 8, 1996, none of the findings which would require the denial of Tentative Map of Tract No.15332 can be made in this case. 2. That the proposed subdivision presents no problems from a planning standpoint, since it is consistent with the approved Development Agreement No. 8 and the requirements of the Aeronutronic Ford Planned Community District Regulations. 3. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 4. That public improvements may be required of a developer per Section 19,08.020 of the Municipal Code and Section 66415 of the SubdivisionMap Act. 5. That Final EIR No. 153 (SCH #94011022), previously certified on July 10, 1995, was considered prior to approval of the project, was determined adequate for this project, and satisfies all requirements of CEQA. The Final EIR reflects the independent judgment of the City Council. 6. That the mitigation monitoring requirements of Public Resources Code Section 21081.6 will be met through required compliance with applicable codes, standards, mitigation measures, and conditions of approval adopted in connection With the project and as stated in the Mitigation Monitoring and Reporting Program for the project as contained in Final EIR No.153. CONDITIONS: That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital - graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the final map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Tentative Map of Tract No.15332 Page 4 Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the City Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. That all improvements be constructed as required by Ordinance and the Public Workstl�Shlsr 7 Department. t'kk� 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. 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 and the Building Department. That the on -site parking, vehicular circulation and pedestrian circulation systems be T14 subject to further review by the Traffic Engineer. A Traffic Engineering Study is l+;t . required for any proposed modifications to the left turn pockets on Bison Avenue and Ford Road that serve the development. Final lane geometrics shall be reviewed and approved by the City Traffic Engineer. L 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 basic roadway width shall be 36 feet with parking on both sides and 32 feet minimum with parking on one side. That the collector ring road shall have a minimum width of 40' curb to curb. That the cul-de-sacs shall be designed to conform to minimum City standards as shown in City Std. 103-L with planters or other designs as approved by the Public Works Department and Fire Department. That all bends in roadway shall be designed using the City standard knuckle Standard No. 104-L or other designs as approved by the Public Works Department to provide an adequate turning radius for moving vans and fire trucks. That all street curb returns shall have a minimum radius of 25'. That the location of all underground utilities in the private streets shall conform to City Std. 101-L (or as approved on the master plan). That a minimum centerline radius for private streets shall be 150'. The location, width, configuration, and concept of the private street and drive ystems shall be subject to further review and approval by the City Traffic Engineer. -OThat prior to issuance of any improvement plans (unless otherwise approved by the Public Works Department) and/or prior to issuance of any building permits, the applicant shall I ,j 'demonstrat_e_to the Planning Department that the street lighting s stem shall be designed,—PtrlAIr and maintained in such a manner as to light spillage and glare to the adjacent residential uses. ine plans snarl oe Preparcu UL,u sig" net `by a hcen�"` ed' E ectrical Engineer acceptable to the City, with a letter from the engineer stating that, in his opinion, this requirementhas been met. Tentative Map of Tract No. 15332 Page 5 Cul-de-sacs with a design length greater than 500 feet must have the written approval of the City Fire Department prior to recordation of the final tract map. 9. 0 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 require ent may be odi�/ non -critical locations, subject to approval of the Traffic Engineet�!PM ^ 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. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The gated entry shall have a minimum of two lanes in (one for visitors and one for owners). The guard gate shall be positioned so that a minimum of 80' is provided for automobile stacking. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. --- That casements for public emergency and security ingress, egress and public utility E purposes on all private streets be dedicated to the City and that all easements be shown on the tract map. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width and material to be approved by the Public Works Department., ( That all vehicular access rights to Jamboree Road be released and relinquished to the City 40015? of Newport Beach. ' *" V oj/ p; X 15. That the following improvements be completed: 'j?, W • On Jamboree Road: That the left turn lane and traffic signal be removed at the Ford -Loral entrance. This will require the construction of a median island and landscaping, removal of the north bound deceleration lane into Ford -Loral which will require the construction of new curb, gutter and sidewalk improvements along a portion of the Jamboree Road frontage and possible installation of additional street lighting where the traffic signal was removed as approved by the Public Works Department. • On Ford Road: That the unused drive aprons be removed and replaced with curb, gutter and sidewalk, and that the unused left turn lane be removed and replaced with a median island and landscaping as approved by the Public Works Department. Tentative Map of Tract No.15332 Page 6 I • That deteriorated or displaced sections of sidewalk be reconstructed along the Jamboree Road and Ford Road frontages. • That the drainage from the slopes adjacent to Jamboree Road and Ford Road be picked up in concrete drainage swales provided behind the sidewalks and conveyed to the storm drain unless otherwise approved by the Public Works Department. The design shall be approved by the Public Works Department. • That all work be completed under an encroachment permit issued by the Public Works Department. j�!' That street, drainage and utility improvements be shown of standard improvement plans / prepared by a licensed civil engineer. 17. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. The developer may be required to „parade the Citv's Belcourt sewer pump station to handle the construct a ne�tiunk line to connine Ranch Water District facilitiesif determined necessary by future engineering studies and reports as required by the Utilities Division. 9.4 W-k-L— DELETED. DELETED. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include ve ificati n �fr-yo�m�� the Or, ge ounty Sanitation District and the City's Utilities Departmen(M,(a W !wiA �'%(i0 A&) f That County Sanitation District fees be paid prior to issuance of any building permits if applicable. That the Public Works Department plan check and inspection fee be paid. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the Jamboree Road, Bison Avenue or Ford Road rights -of -way, unless otherwise. approved by the Public Works Department. Polc t Bt't gtavw �/ ° " �s'ry�trN — - Q �� s Tentative Map of Tract No. 15332 v OO Page 7 T W Street closures for deliveries shall be approved by the City Traffic Engineer and subject to the approval and issuance of an encroachment permit by the Public Works Department. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to stora"e gf any co bustib to gals or start of any structural framing. FAMO, �ro �. JM^ IW� That a non-standard improvement agreement be executed with the developer/community association if textured pavement is used in the private streets or easements. This agreement will require the developer/association to replace the improvements at no cost to the City should they have to be removed to maintain the public utilities. f > W 6 y That demolition, site preparation and other construction activity shall be limited to the hours of 7:00 a.m. to 6:30 p.m. Monday through Friday, and 8.00 a.m. to 6:00 p.m. Saturdays, in accordance with Newport Beach Municipal Code Section 10.28.040 and any other 1 propriate sections of the Municipal Cod<PW+ ce" That at the time of building or grading permit issuance, the applicant shall demonstrate that adequate noise control measures, at all construction sites, are provided through the / 28. k provision of mufflers and the physical separation of machinery maintenance areas from adjacent residential uses (in accordance with Noise Element Policy 4.3.5).! 1 All residential lots and dwellings shall be sound attenuated against present and projdcted noise which shall be the sum of all noise impacting the project so as not to exceed an exterior standard of 65 dBA CNEL in outdoor living areas and an interior standard of 45 dBA CNEL in all habitable rooms (windows closed) or 55 dBA CNEL with windows open. t will ba follows: a. 14 lvtr. ,tr tul I. 1a ;pared by a Count -certified acoustical consultant, that these standards a manner consistent with applicable regulations, shall be submitted as Prior to the recordation of a final tract/parcel map or prior to the issuance 0 report Director for approval. The standards Prior to the issuance of any building permits for residential construction, an acoustical analysis report describing the acoustical design fea res of the structures required to measures specified in the approved acoustical report have been incorporated into the design of the project. TcatatIvo Map or Tract No. 15332 Page 8 C. and construction in a D'2 That no stationary construction equipment shall be permitted to operate in a manner that results in either: a. An exterior noise level greater than 55 dBA Leq (daytime) or 50 dBA (nighttime) at the property line of any occupied residence; or b. An� ti�nte�rior noise level greater -th.-an 45 dBA Leq in �nY occou,5ied residence. 01M cs. lYtat� v eimS rJim ` `�^"�n� Prior to the issuance of any demolition, grading or building permits the project applicant Cf. shall demonstrate that all construction staging shall be performed on -site as far as feasible from occupied dwellings. C1JA4- m, M.w� ��*• — S�tca [S +t arXee t` �� 3 Prior to issuance of any building permit for rem_ ___ __ediation_gqui m .n the applicant shall % submit to the Building Department a report prepared by a licensed acoustical engineer certifying that operation of the equipment will not cause an increase in ambient noise of greater than 1 dBA nor exceed an exterior noise level of 55 dBA Leq (daytime) or 50 dBA Leq (night time) measured at the project property line, or an interior level of 45 dBA Leq, or as set forth in the City's Noise Ordinance (Community Noise Control Ordinance). 11 grading shall conform to the requirements of Sec. 15.04.140 of the Municipal Code (Excavation and Grading Code) and shall require approval of grading plans and permits unless otherwise approved by the Building Department. Grading plans shall include, but may not be limited to, the following: a. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains; b. Detailed plans for temporary (during construction) and/or permanent sediment, erosion and pollution control facilities. The Building Official may require the inclusion of pollutant traps on the plans and specifications to intercept pollutants draining from the project; C. Any additional plans, drawings, calculations, environmental impact information, or other reports required by the Building Official. If the grading project includes the movement of earth material to or from the site, the Building Official may require a description of the haul route to be submitted for approval. Tentative Map of Tract No. 15332 Page 9 A . ,4 d. If required by the Building Official, a Soil Engineering Report including data regarding the nature, distribution, strength consolidation characteristics of existing soils, conclusions and recommendations for grading procedures, and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading. These listings shall not be interpreted to prevent the Building Official from requiring other information required to produce a safe and stable condition. e. If required by the Building Official, an Engineering Geology Report including an adequate description of the geology of the site, including necessary maps and illustrations showing geographic distribution of the features described related to the proposed development, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the Building Official shall be incorporated into the grading plans and specifications. All structures shall be designed and constructed in accordance with the seismic design _t requirements of the Uniform Building Code and/or the Structural Engineers Association of California. A master drainage plan shall be prepared prior to subsequent discretionary actions (final maps or resubdivisions) for each project phase at the contributory drainage area level. The velocity of concentrated runoff from all lots shall be evaluated and controlled, as necessary, as part of project design to minimize impacts of adjacent lots and off -site areas. lti { The project design engineer shall review and state that the discharge of surface runoff fe from the project area will be performed in a manner to assure that increased peak flows from the project will not significantly increase erosion downstream. This certification shall be reviewed and approved by the44m"krand Building Department. Existing on drainage facilities shall be improved or updated as necessary to the f satisfaction of the City of Newport Beach Public Works Department. 38. All parking and other on -site paved surfaces shall be routinely vacuum -swept and cleaned ° to reduce debris carried into the drainage system. This measure shall be included in project Covenants, Conditions, and Restrictions. Project design at all levels shall incorporate both appropriate structural and non-structural water uality Best_Management Practices (BIEg). Consistent with the Countrywide w.,,._. _ ' - .. Drainage Area Management Plan, dated October 1993. Compliance shall be determined Tatattve Map of Tract No.15332 Page 10 f t•w bvhe Newport Beach Public Works Department prior to any subsequent discretionary actions. A copy of the SWPPP construction activities shall b maintained on -site for convenient reference by construction personnel. Prior to issuance of a grading permit the applicant shall submit evidence acceptable to the Building Department t at t e additions Investigations and/or remedial activities at APECs identified in Tables 2 through 8 contained in Appendix I (referred to in section 3.10-Public Health and Safety) of EIR 153, have been performed and all shallow soil contamination within the planning area for that project phase has been remediated to acceptable levels as defined by the Health Risk Assessment(s) and approved by the OCHCA. Prior to the issuance of general grading permits, the project proponent snau suomrt tv rust Demolition Investigation Work Plan to the CI . The plan shall be based on the potential presence of conta%nated soils, and include procedures to be followed to identify' contaminated soils, and include procedures to be followed to identify contaminated soil during the subject facility demolition process. This plan shall include a stipulation that areas of contaminated soil will not be left uncovered during the rainy season. ��� Prior to approval of any Final Subdivision Map that would create a legal building site for residential development, the project ro onent shall rovide the ewp�rtBeach Planning Denartment a Groundwater emedial Action Plan improved by the re iog na1 _Water 44. Prior to the issuance of any building permit for any community recreation facility or common area that includes exterior lighting the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that in his or her opinion, this requirement has been satisfied. 1�'t Prior to issuance of any building permit for a remediation system, the applicant shall demonstrate to the Planning Department that the screening for the structure substantially conforms to the illustrations provided in Figure 21 of the EIR. For purposes of this requirement, "interim facilities" shall mean those intended for an operation period of less than one year, and "long-term facilities" shall mean those intended for an operation period of one year or more. All buildings in excess of 5,000 square feet shall be equipped with automatic fire sprinkler protection. Fire vehicle access to all planned structures and sites shall be approved by the Fire Department. Tentative Map of Tract No. 15332 Page11 6 . y r 48. On -site water mains and fire hydrant locations shall be approved by the Fire and Public Works Departments. 49. Fire flow from fire hydrants shall be provided in accordance with the requirements of the Fire Department. 50. Prior to issuance of any Building Permit, the project proponent shall pay all applicable Fire Department plan check and permit review fees. Final design of any structures within the project area shall provide for the incorporation of water -saving devices for lavatories and other water using facilities. DELETED. ( 53. Prior to approval of tract maps or site plans, the project proponent shall make appropriate provisions to permit access by the Police and Fire Departments at all entry gates. Prior to approval of any residential building permits, the project proponent shall consult with the Police Department regardin approprcrime pre ention features in site and building design and construction. 55. �', That any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level in accordanc itil of�5 EiBA prrope_ryl ling 56. That any mechanical equipment and emergency power Jgene fraf tors shall be screened from w. view and noise associated with said installations shall be sound attenuated to acceptable levels in receptor areas. The latter shall be based upon the reco tt dations of a qualified acoustical engineer, and be approved by the Plannin Department. That any cul-de-sac, building address, and street name shall comply with City Standards and shall be approved by the Fire Department and the Planning Department prior to recordation of any Final Map. �qualified archaeologist or paleontologist shall evaluate the site prior to commencement of activities, and that n the site be done in ac construction all work ordance with the City's Council Policies K-5 and K-6. r�jl� A v(tin %,. �t �¢ -4 That all applicable mitigation measures imposed by Environmental Impact Report No. 153 and conditions of approval of Development Agreement No. 8 and its amendments shall be fulfilled. That all lettered lots shall be privately owned, landscaped and maintained, unless otherwise approved by the Public Works Department. Tcntattvc Map of Tract No.15332 Page 12 61. That a siltation, dust and debris control plan shall be submitted and subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region, as required by the Building Department Official. This shall be a complete plan for temporary and permanent facilities to minimize any , potential impacts from silt, debris and other water pollutants. a � d(p�ji� � } 62. That the siltation, dust and debris control plan shall include a description of hau�l� tes, a access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 6 r That this tentative tract map shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by t e Planning Commission. Tentative Map of Tract No. 15332 Page 13 lk fztlsFo ` (-qgl o (- ` 'ee PROJECT DATA y PLAN 1 • (ELEVA PLAN 1 (E ZVA A 1996 SF 1556 5F PLAN (ELEV I5T FLOOR 15T FLOOR 1211 5F 1ST FLOOR 1544 SF 2ND FLOOR 1204 5F 2ND FLOOR 2ND FLOOR 2540 5F TOTAL 2541 5F Qi 2546 5F TOTAL L� TOTAL F 6,4RA6E '; 6ARA6E bARA6E OPTIONS, OPTIONS, F F OPTIONS, F D S66 DE BONU5 ROOM 344 4 BONUS ROOM 50*m ROOM 911 5F 4 BUILDIN6 FOOTPRINT I SF BUIF.DINB FOOTPRINT I SP 13UILDINS FOOTPRINT 8 f% `F LOT OOVERABE 31% LOT OOVERA6E DIM LOT GOVERAbE PLAN 2 (ELEVA PLAN 21511., A PLAN 2 (ELEVA0 5F 1605 SF IST FLOOR 1603 5F 157 FLOOR 1605 SF .2t FLOOR 1992 5F 2ND FLOOR Q 3 5F 2ND FLOOR 13g2.5F 2ND FLOOR Q 2995 TOTAL TOTAL 2q'15 5F TOTAL 3�AR 6ARA&E 61 5F 61 5F 9-OAR GARAGE 61 5F 2 9-GAR bARAbE OPTIONS 2 OPTIONS, OPTIONS, 12 SF BOOM g 2 f2 5F BEDROOM 5 ?2 `F E� gEM ROOM 1 m RO I EJEROISE ROOM I BEDROOM b 292 SF 292 Sr BEDROOM b 232 SF yy/ BATH 4 D BATH 4 W/ BATH 4 220 52 LOFT OR BDRM b 220 5F LOFT OR 5DRM b 220 SF LOFT OR BDRM b BUILDING FOOTPRINT 2250 5F BUILDINb FOOTPRINT 2250 SF BUILDING FOOTPRINT 2250 SF LOT GOVERAbE 45% LOT OOVERA&E 45% LOT COVERAGE 45% pLAN 3 (ELEVATION 'Al 1ST FLOOR 1644 SF 2NO FLOOR TOTAL 21121 SF 5-CAR 6ARA&F 545 e OPTIONS, ROOM 152 5F 5F moRog 16 BUTLDIN� FOOTPRINT 22511 � 5F M_&N 3 (ELEVATION Sl 1ST FLOOR 1644 SF 1255 SF 2ND FLOOR TOTAL 2921 SF 3-OAR 6ARAbE 545 5F OPTIONS, BEDORM g EgZORcY5E ROOM 152 5F 5F 61 BUILDING FOOTPRINT 2251 5F LOT 00 MRAbE 46% PLAN 3 (ELEVATION '0 15T FLOOR 1644 5F 1285 5F 2NO FLOOR TOTAL 2012i 5F 5-GAR GARAGE 593 SF OPTIONS, BEDROOM 5 152 SF � R�15E ROOM 5" ILF ?6 55F DIN •IPRINT 46% 5F ARCM T-1 T-2 T-3 W T-4 T-'i T-10 T-II T-12 W-I W-2 PLAN 1 AI -IA AI-2A Al -BA AI-4A AMID AI-2B AI-5B AI-45 AI-IO AI-20 AI-50 AI-40 AI-5 CL AI-6 AI-1 PLAN , A2-IA A2-2A A2-5A A2-4A A2-IB A2-2B A2-9B A2-4B I .An -IA