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HomeMy WebLinkAboutCDP_016CCASTAL A-SIDiMM DE%=ZPW# Cm OF NE PORT BEACH L PYA.=ING DEPARrKE= CURRENT PL+1'UNING DIVISION 3300 Newport Boulevard Newport Beach, CA 92663 (714) 640-2218 or 640-2219 COUNCIL POLICY P-1 Bock Golly Associates Ltd.. L.P. Applicant (Print) A California Limited Partnership GR�?-fb lication itec' d Phone (714) 640-8598 c/o Michael Crall and Associates Inc Mailing Addresve. Suite 14 Corona 1 filar CA 92625 Attn Michael Crall or Kent Hawkins property owner mr-rdward Friedl Phone Address of Property Involved Highway. -Corona Del Mar CA 92625 Legal description of Property Involved (if too long, attach separate sheet) rgunty Description of the Proposed Project Nu -tuber of Units 20 #sf#!#RRR##t!R#!RR!###R!lRRtRt!!R!t!!!#!!it#!!#t##tlyRt!#!##t!#f!#!##�##R!RlRRlf•R###!lRRf#! Please attach a statement indicating the proposed selling price of the units, the anticipated cost of developing the proposed project and any other infor=ation that could affect ,the feasibility of providing low/moderate income units in conjunction with the proposed project. t#!#R##f RR###ttffRl Rf##R#f!R!ltRt!!!R�#!t•t#t#R#f•r#Rf###R#•*##!##•*###}###!R♦####Rtf#####R# • 2 L� ! � '� . Fro►-eq p t�1 �e� co. ay /,:� d%aW- r*7ta hJC depose and ,s that { -a } the omGzLr} of tie propertyli,eS} involved in this -application . hisnppiication. LOP { } further certify, r penalty of Perjury, that the foregoing state= nts and answers herein containe aad the sormation herewith submitted are in all respects true and correct to the bast of knowledge and belief. �"- �.� f , signature (s) Y, , -! �.� NOTES An agent may sign for the owner if written authorization from the record owner is filed with the applicant. DO No'�' COMPLv-TE APPLICATION BELOW THIS LINE Date Filed U Fee Pd. Receipt NO. Planning Director Action Date P.C. hearing Date C.C. Hearing+ Appeal P.C. Action Appeal C.C. Action `?- //-- • Date MELLO �g;� 1 ia1L 1I86 COMMISSIONERS • MINUTES July 20, 1989 CITY OF NEWPORT BEACH ROIL CALL J J J J INDEX Motion Ayes Absent A That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, nless an extension is granted by the Planning mission. 11W!J:��ail7 I NT•16111A IIIIIIIII Request to amend Title 2 f the Newport Beach Municipal A683 Code so as to establish a "SI Plan Review", Special 'Zoning District. Cont'd to 8-1a-89 INITIATED BY: '17ic City of Ne t Beach William Laycock, Current Planning Manage , fated that staff has requested that this item be continued to the uguIt 10, 1989, Planning Commission meeting. Motion was made and voted on to continue AmendmN No. 683 R to the August 10, 1989, Planning Commission ting. MOTION CARRIED. Item No.8 Request to amend the Land Use Element of the General Plan GPA89-1 so as to redesignate the subject property from "Retail and Service Commercial' to "Multi -Family Residential' with a density of one LCPA 17 dwelling unit for each 1,698 sq. ft. of buildable lot area; and the acceptance of an environmental document. A682 INITIATED BY: Tic City of Newport Beach AND CRDP 16 140 .23- COMMISSIONERS MINUTES c July 20, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX Cont'd Request to amend the Land Use Plan of the Loral Coastal t0 e.-io-89 Program so as to redesignate the subject property from "Retail and Service Commercial' to 'Multi -Family Residential' with a density of one dwelling unit for each 1,698 sq. ft. of buildable lot area. INITIATED BY: The City of Newport Beach AND . Request to amend a portion of Districting Map No. 20 so as to reclassify the subject property from R-3-I3 to R-3 (1698) SPR and to establish a 15 foot front yard wtback along the Gist Coast Highway and Seaward Road frontage of the subject property. AND D. Site Plan f Cvisw No. 50,(Public flearing) Request to permit the construction of a twenty unit residential condominium development and related subterranean parking area on the subject property. The proposal alu) includes a modification to the Sign Code so as to permit the Installation of a 12 square foot identification sign at the entrance of the development whereas the Zoning Code limits the size of an identification sign in the R-3 District to 6 square feet. AND Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 20 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low -and -Moderate -Income Housing within the Coastal Zone. .24. COMMISSIONERS 0 • MINUTES r °..► July 20, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX AND Request to subdivide an existing lot into a single parcel of land in conjunction with the development of a twenty unit residential condominium project on the subject property, LOCATION: Lot 1, Tract No. 1237, located at 4030 East Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road In Corona highlands. ZON1:: R-3.13 APPLICANT: Buck Gully Associates, Ltd., (-*t)rona del Mar OWNER: Ed Friedl, Corona del Mar ENGINEER: Stevenson, Porto and Pierce, Inc., Irvine ',William Laycock, Current Planning Manager, stated that the applicant has requested these items be continued to the August 10, 1989, Planning Commission meeting. Motion * Motion was made and voted on to continue GPA 89-1(C), LCPA Ayes No. 17, A682, SPR No. 50, CRDP No, 16, and TCM No. 14028 Absent * to the August 10, 1989, Planning Commission meeting. MOTION CARRIED. Discussion Item ©men! No. L Request to amend i of the Newport Beach Municipal Ab 86 Code so as to establish a e Gas Hazard Overlay Zone and apply said zone to specific pro s in the City. PH on Motion &-24-89 Motion was made and voted on to direct staff t ce and set Ayes " * * * this item for public hearing on August 24, 1989. ON Absent k CARRIED. -25- 0 NQ1IQE OF FUDLIC ffARM 0 Notice is hereby given that the Planning Comwission of the City of Newport Beach will hold a public hearing on the application of Amendaent K2, 89-1(C). Local Coastal Plan AmenQg2nt No- 17. Amendment Mo. 682- Ten-tgtivt Hag of Tract ffq.-1402Q. Sitg Plan Review Permit No. 16 on property located at 4030 F&st C v T1te above listed applications are described as follows: General PIAD-L&Kndaent No. 89-1(C): Requel-"o amend the Elan no as—Lo redegirnate thed CS1aUA1 Use El' ttail and r " " W amend—thegf buildable lot areA1 Aa_of the_ ncal e "Retall and Cornnte rc i a" ■ r w Service 1,621 go, ft, of buildable lot Area: ui"-nd Seaward Road froutdr-9 of .the subject l - RoUllosLAU suWLvi4e an�1 Hilo with tile ofe tpndominiun Rrojet_t nn the auhj_ect VroperCy: Site P1110 v u conftlioluM v alley V setback on Sel1ward Road Davelogq2nt Permit - for, the t=2012 of eltablishlor protect coM211AnU_f2r a 20 unit Coastal Zone_ Notice is hereby further given that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658.8915 (714) 644.3225. Notice is hereby further given that said public hearing will be hold on the I= day of August 1989, at the hour of 2,= p.m, in the Council Chambers of the Newport Beach City Hall, 3300 Newport boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project In court, you may be limited to raising only those Issues you or someone else raised at the public hearing described in this notice or In written correspondence delivered to the City at, or prior to, ttse public hearing. For Information call (714) 644.3200. Janice Debay. Secretary, Planning Commission, City of Newport Beach. Note: The expense of this notice is paid from a filing fee collected from the applicant. 0 J Notice is hereby given that the Planning Co=Lssion of the City of Newport beach will bold a public hearing on the application of Review Pornit No. 16 on property located at 4030 Eaa t Coast Highway, The above listed applications are described as follows: General elmn Amendmgnt No. 89-IM • Rego eat -to amend the Land Use pl.,. w RetAil and So 'w ra wResidential" w of-buillable lot areal +! rom r Commercial' --to w Residential" w w 1,.628 _so, ft, of buildable lot_ere•ny' reclassi(, a subject 2r4perty.._.f-3- to R-„3_I1106)_SPR a to es ,R foot w MUM* 2arcel of land in I'lidlinct ion with the dayclopment of a w U. M19417-Sr-TIM l 1 •.1FIRM •1 - �. 1 I •pwll � _" . -1 ■ 1 . r-r MITIER-TIT-MIM 1 1 1: 1 ON I pql,: - • y... . 4nif-OW41T.W.Tor . .r - - - y • •.• 1 •1 li - 9 • � 1 - 1• �... 1� . 1, 1 1 1 1 Notice is hereby further given that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment, It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard. Newport Beach, California, 92658-8915 (714) 644.3225. Notice is hereby further given that said public hearing will be hold on the 2M day of Ia17!_1982. at the hour of 2_= p.m. in the Council Chambers of the Newport Beach City Hall. 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested way appear and be heard thereon. If you challenge this project In court, you may be limited to raising only those issues you or someone also raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644-3200. k,l. Cary J. Di Sano, Secretary, Planning Commission, City of Newport Beach. Note: The expense of this notice is paid from a filing fee collected from the applicant. • Planning Com-1 - a Ceting—Jl-ZO. 19S2, Agenda Item No. S CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department Request to amend the Land Use Element of the General Plan so as to redesignate the subecct' property from "Retail and Service Commercial" to 'Multi -Family Residendal' with a density of one dweUing unit for each 1,698 sq. ft. of buildable lot area; and the acceptance of an environmental document. AND Request to amend the Land Use Plan of the Loral Coastal Program so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residentlar with a density of one dwelling unit for each,1,698 sq. ft of buildable lot area. INITIATED BY: The City of Newport Beach AND Request to amend a portion of Districting Map No. 20 so as ,to reclassify the subject property from R3-B to R 3 (1699) SPR,and to establish a 15 foot front yard setback along the East Coast Highway and Seaward Road frontage of the subject property. Request to permit the construction of a twenty unit residential condominium development and related'iubtutaDeaa ,parking ;area on the subject property. The proposal also Wades a modification to the Sign Cade so as to permit the installation of a 12 square' foot identification sign at the entrance of the development whereas the Zoning Code limits the size of an identification sign in 'the R-3 District to 6 square feed ,1 TO: Pl46 Commission 2. AND Request to approve a Coastal Residential Development Permit fnr the purpose of establishing project compliance for a 20 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State law relative to LAW. and -Moderate -Income Housing within the Coastal '!fine. AND Request to subdivide an eristing lot Into a single parcel of land in conjunction with the development of a twenty unit residential condominium project on the subject property. LOCATION: Lot 1, Tract No. 1237, located at 4030 East Coast Ilighway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands. ZONE: R-3-13 APPLICANT; Buck Gully Associates, Ltd., Corona del Mar OWNER: Ed Fried), Corona del Mar ENGINEER: Stevenson, Porto and Pierce, Inc., Irvine Staff requests that this item be continued to the Planning Commission meeting of August ?A; 1989 to allow time for additional waft ana)ysis of the proposed project and pouiblo redesign and ro-noticing, of the proposal. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By. . Pctiricia L Teasple Principal ,Plaaaer . PL,T/WFSO PC\GPA89-IC.SRI ' . -COMMISSIONERS . • MINUTES August 10, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX The Planning Commission recessed at 10:10 p.m. and reconvened �10:20 p.m. r . • Item No.9 Request to nd Title 20 of the Newport Beach Municipal GPA89�-IC Code so as to bush a `Site Plan Review", Spedal Zoning (K.1195) District. LaA 17 INITIATED BY: Th City of Newport Beach (R.i19b) The public hearing was opened In connection with this item, and Ab82 Dr. Jan VandcrSloot, 2221 - th Street, appeared before the sPa 50 Planning Commission in supportok the subject Amendment. Dr. VanderSloot addressed the p roposek Amendment's reference to CxnP 16 `Environmentally sensitive areas all be preserved and protected.", and he commented that this uld be appropriate on TrH14028 specific sites that will be proposed to the tanning Commission Approved in the future. 'Kure being no others desiring to appear and�e heard, the public hearing was closed at this time. \ Motion was made and voted on to recommend to a City Council the adoption of Amendment No. 683 (Rcsolutio No. 1194) so as to establish a Site Plan Review Overlay MOTION CARRIED. Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from 'Retail aad Service Commercial" to `Multi -Family Residential' with a density of one dwelling unit for each 1,698 sq. ft. of buildable lot area; and the acceptance of an environmental document. INi'i7ATED BY: The City of Newport Beach -28- . 'COMM1331ONERS 40 • MINUTES August 10, 1989 CITY OF NEWPORT BEACH ROLL CALL I ) I ) i ) ) [ I INDEX( AND Request to amend the Land Use Plan of the Local Coustal Program so as to redesignate the subject property from "Retail and Service Commercial" to "Multi•Famify Residential' with a density of one dwelling unit for each 1,698 sq. fL of buildable lot area, IWIATED BY; The City of Newport Beach AND Request to amend a portion of Districting Map No. 20 so as to reclassify the subject property from R-3-13 to R-3 (I698) SPR and to establish a 15 foot front yard setback along the East Coast Highway and Seaward Road frontage of the subject property. AND Request to permit the construction of a twenty unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Cade so as to permit the installation of a 12 square foot identification sign at the entrance of the development whereas the Zoning Code limits the size of an identification sign in the R-3 District to b square feet and the construction of an exterior stairway with handrails which exceed three feet in height and which encroach into the required front yard setback. AND -29- COMMISSIONERS , MINUTES August 10, 1989 CITY OF NEWPORT BEACH ROLL CALL I I ) ) ) ) I ) i INDEX Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 20 unit residential aandominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low -and -Moderate -Income Housing within the Coastal Zone. E. Tentative Man of Tract No. 14028 (Co to inued.Public Hearing) Request to subdivide an existing lot into a single parcel of land in conjunction with the development of a twenty unit residential condominium project on the subject property. LOCATION: Lot 1, Tract No. 1237, located at 4030 East Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands. ZONE: R-3-B APPLICANT: Buck Gully Associates, Ltd., Corona del Mar OWNER: Ed Friedl, Corona del Mar ENGINEER: Stevenson, Porto and Pierce, Inc., Irvine Patricia Temple, Principal Planner, addressed the revised plans that were submitted to the Planning Commission by the applicants. She explained that the project was reduced from 20 units to 18 units to comply with the Public Works Department's requirement that structures not be built over an existing storm drain easement and the General Plan's requirement that requires a 25 foot setback area at the Buck Gully property line. Ms. Temple stated that two units were deleted so as to accommodate the foregoing requirements. She explained that after the applicants met with the neighbors with respect to their concerns to preserve the views from the surrounding areas, the building height was reduced from 28 feet, that is consistent with R-3 -30- COMMIS31ONERS � � MINUTES Motion All Ayes August 10, 1989 CITY OF NEWPORT BEACH Standards, to a maximum building height of 24 feet to 25 1/2 feet She stated that there is minimal difference between the project's height and the patio of the lowest unit in tho mi mediate vicinity. The public hearing was opened in Bonn ction with this item, and Mr. Kent HawkitL% applicant, appeared before the Planning Commission. Mr. Hawkins concurred with the findings and conditions in Exhibit W. He indicated the meetings that the applicants had with the neighbors so as to produce a development that would be desirable to the residents. and he advised that the project is the result of those meetings. There being no others desiring to appear and be heard, the public hearing was cloud at this time. Commissioner Pers6n confirmed the cooperative efforts that were made by the applicants and the residents. Motion was made to approve the Actions, Findings and Conditions for Approval in Exhibit OX of the Environmental Document, General Plan Amendment 89-1 (C) (Resolution No. 1195), Local Coastal Program Amendment No. 17 (Resolution No. 11%), Amendment No. 682, Site Plan Review No. 50, Coastal Residential Development No. 16, and Tentative Map of Tract No. 14028. In response to a question posed by Commissioner Glover, Mr. Hewkker explained that in the event the project would not be developed, the property would be designated as 'Multi -Family Residential" The foregoing motion was voted on, MOTION CARRIED. Findings: 1. That an Initial Study has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City policy. -31- COMMISSIONERS MINUTES August 10, 1989 CITY OF NEWPORT BEACH ROLL CALLI)) ) ) 3 ) ] I INDEX 2. That based upon the information contained in the Initial Study, the project is not anticipated to have a significant effect on the environment. A Negativc Declaration has, therefore, been prepared. 3. That the information contained in the enviroatnental document has been considered in the derision on the projem Mitigation Measures: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize impacts from silt, debris and other water pollutants. 3. The grading permit shall include a description of haul routes, aevess points to the site, watering and sweeping program designed to minimize the impact of haul operations. 4. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 5. The grading, excavation and recompaction of the site sha11 be conducted in accordance with plans prepared by a Civil Engineer and based on the recommendations of a soil engineer or an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built' grading plans on standard size sheets shall be furnished to the Building Department. •32- COMMISSIONERS 0 i MINUTES August 1% 1989 \\\\\\\\CITY OF NEWPORT BEACH ROLL CALL INDEX 6. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archltect. The landscape plan shall Integrate and phase the installation of the landscaping with tht proposed construction schedule. Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan. 7. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning and Public Works Departments. 8. All rooftop and other mechanical eclulpmcnt shall be sound attenuated in such a manner as to achieve a maximum sound level of SS dBA at the property line, and that all mechanical equipment shall be screened from view. 9. All units shall be sound attenuated to a maximum of 45 dBA CNEL for interior living areas and 65 dBA CNEL for exterior living areas associated with individual units, as measured from the area expected to experience the highest sound levels. Measurement and certification of compliance with this condition shall be completed prior to the issuance of the Certificate of Occupancy by a registered engineer practicing in acoustics. 10. All units shall be air conditioned. 11. The design and layout of the parking structure and ramp shall be subject to the review and approval of the City Traffic Engineer. Ramp design and landscaping on Seaward Avenue shall be designed to adequate sight distance from behind provide the sidewalk for automobiles exiting the structure, -33- ` • COMMISSIONERS • MINUTES August 10, 1989 CITY OF NEWPORT BEACH ROLL CALL) ) J M ) I 1 INDEX Construction shall conform to the hours of operation set forth in the Newport Beach Municipal Code. I. GENERAL PLAN AMENDMENT 89-1(L') Adopt Resolution No. 1195, recommending approval of General Plan Amendment 89-1(C) to the City Council. Q jDAL COASTAL PROGRAM AMENDMENT NO, 17, Adopt Resolution No. 1196, recommending approval of Local Coastal Program Amendment No. 17 to the City Council. V, AMENDMENI NO, 682. Recommend approval of Amendment No. 682 to the City Council, an amendment to Districting Map No. 20 rezoning the site from R-3-B to R-3 (1900) - SPR and to establish a 15 foot front yard setback on Fast Coast Highway and Seaward Road, with the following findings: 1. That the amendment is necessary to implement the provisions of the Newport Beach General Plan. 2. That the proposed project cannot be Implemented without the proposed amendment. L SEM PLAN REVIEW NO. 50, Findings: 1. That the project is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan. 2. Adequate off-street parking Is being provided in conjunction with the proposed development. 3. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district In which the proposed project is located, except those Items -34- 'COMMISSIONERS • • MINUTES August 10, 1989 CITY OF NEWPORT BEACH ROLL CALL I) l) J l I I INDEX requested in conjunction with the proposed modifications. 4. The proposed development is a high -quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. S. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City-wide importance. b. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 7. 'Ile proposed use of tandem spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and Improvements in the neighborhood or the general welfare of the City and further that the proposed modification for the project identification sign is consistent with the legislative Intent of Title 20 of this Code. Conditions: 1. That development conformance with the plats, and elevations, below. 2. That a minimum dwelling unit plus each dwelling unit .35. shall be in substantial approved plot plan, floor except as may be noted of two parking spaces for each one-half pat parking space for be provided on -site. COMMISSIONER$ • MINUTES August 10, 1989 CITY OF NEWPORT BEACH ROLL CALL I I I I I I I I i INDEX 3. That tandem parking spaces be assigned to specific dwelling units. 4. That guest puking spaces be Independently ao=sible and be identified as guest parking. 5. That all parking areas shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. 6. Parking areas shall have a maximum 5% slope. 7. That the final design of on -site parking, vehicular circulation and pedestrian circulation shall be reviewed and approved by the City Traffic Engineer, 8. That all mechanical equipment and trash areas shall be screened from adjoining properties. 9. That the applicant shall prepare a landscape plan which identifies the size, type and location of all plant material and the design and location of a permanent irrigation system. Said landscape plan shall be subject to the review and approval of the Parks, Beaches and Recreation Department, Public Works Department and the Planning Department. 10. That the site plan is subject to the further review and approval of the Newport Beach Fire Department in order to assure provision of adequate fire flow and emergency access. Automatic sprinklers and hose cabinets are recommended and may be required. 11. That all conditions of Tentative Map of Tract No. 14028 shall be fulfilled 12. That a siltation, dust, and debris control plan shall be submitted and be subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control •36- • . 'EOMM19910MERS . • MINUTES August 10, 1989 CITY OF NEWPORT BEACH ROLL CALL g+IDEx Board, Santa Ana Region. This shall be a complete plan for temporary and permanent facilities to minimize any potential Impacts from silt, debris, and other water pollutants. 13. That the siltation, dust, and debris control plan shall indude a description of haul routes, access points to the site, watering. and sweeping program designed to minimize impact of haul operations. 14. This site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20,01.070 J of the Newport Beach Municipal Code. 15. That a Coastal Development Permit be Issued prior to the issuance of a building permit, 16. That no fences, retaining walls, pools of any size or depth, or tennis other activity areas be constructed in the 25 foot Buck Gully property lute setback. Finding: 1. That the proposed development has met the requirements of City Council Policy P•1. Conditions: 1. That prior to the recordation of the Final Tract Map, the . applicant shall enter into an affordable housing agreement, the form and content of which is acceptable to the City Attorney and the Planning Director, which guarantees the provision of two affordable dwelling units on site. The affordable housing agreement shall be recorded as deed restriction against the property. 2. The affordable units provided shall be affordable to moderate Income families if the units are for sale .37. • COMMISSIONERS 0 MINUTES August 10, 1989 CITY OF NEWPORT BEACH ROLL CALL j INDEX or to low income families at fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. 3. The term of affordability shall be twenty years, Findings: 1. That the map meets the requirements of We 19 of the Newport Beach Municipal Cade, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the design of the subdivision. 2. That the proposed subdivision presents no problems from a planning standpoint. 3. 7hat the design of the subdivision or the proposed 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. 7hat,public improvements may be required of the developed per Section 19,08.020 of the Newport Beach Municipal Code and Section 66415 of the Subdivision Map Act. S. That sidewalk constructed along the Seaward Road frontage and construction of ramps for the handicapped will improve pedestrian safety. Conditions: 1. That a final map be recorded prior to Issuance of building permits. That the final map be prepared using the State Plane Coordinate System as a basis of bearing. -38- • . 'COMMISSIONERS • MINUTES August 10. IM CITY OF NEWPORT REACH ROLL CALL l 1 ) ) ) ) I I I INDEX 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. 'Drat 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 systecm unless otherwise approved by the Public Wort Department. S. That the intersection od Seaward Road and the driveway be designed to provide sight distance for a speed of 25 miles per hour in conformance with City Std. 110-L, Slopes, landscape walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. b. That County Sanitation District fees be paid prior to the issuance of any building permits. 7. That all vehicular rights to East Coast Highway be released and relinquished to the City of Newport Beach. 8. That sidewalk be constructed along the Seaward Road frontage; that a curb access ramp be constructed at the corner of East Coast Highway and Seaward Road; That unused drive aprons be removed and replaced with curb, gutter aad sidewalk along the Seaward Road frontage and the deteriorated sidewalk be reconstructed along the East Coast Highway frontage. All work within East Coast Highway shall be completed under an encroachment permit . issued by the California Department of Transportation. -39- COMMISSIONERS • MINUTES ROLL CALL August 10, 1%9 CITY OF NEWPORT BEACH 9. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 10. That a hydrology and hydraulic study be rcpared 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 the tract map. Any modifications or extensions to the casting storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 11. That the proposed structure not be built over the existing storm drain line located on the westerly portion of the property. The storm drain line must either be relocated In order to provide future maintenance of the storm drain or the proposed structure must be placed on piles a minimum of 10 feet clear of the storm drain line to provide for future maintenance of the storm drain without endangering the proposed structure. If the storm drain is relocated the old easement must be abandoned and a new one dedicated as required Caltrans approval is required for wj encroachments into the storm drain easement. 12. That the Public Works Department plan check and inspection fee be paid. 13. That the Edison transformer serving the site be located outside the sight distance planes as described in City Std. 110-L. 14. Disruption caused by construction work along roadways and by movement of construction vehicles shall be by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials small be conducted in accordance with state and local requirements, A traffic control plan shall be -40- INDEX 1 • , .COMMISSIONERS MINUTES .� August 10, 1989 \\\\\\\\CITY OF NEWPORT BEACH ROLL CALL INDEX reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall occur within the State rlghtof-way. Prior to issuance of any grading permits, a parking plan for workers must be submitted and approved by the Public Works Department. No. 3321 (RC=tion)(Publir, He Item K0.11 UP3321 Reques o consider recommending tl,e revocation of Use Permit No. 3321, ewport Sound Waves, that specializes In the Male and installadon automobile accessories, for failure to comply with cont'd to specific con it ors of approval or to consider adding or 10-5-89 modifying condit ns of approval to said use permit. LOCATION; Mon of Lot F, Tract No. 919, located at West Coast Highway, on the north side of West Coast Highway, between North Newport Boulevard and Riverside venue, in Mariner's Mile. ZONE: SP 5 APPLICANTS: Nancy and Robert ark OWNER; Robert Brandy, Pauma alley James Hewicker, Planning Director, stated that i f recommends that this Item be continued to the October 5, 1 9, Planning Commission meeting to allow additional time to d' solutions with the applicant regarding previously conditions of approval. \bd ltotienMotion AL1 aye"3321 was made and voted on to continue Use (Revocation) to the October 5, 1989, Planning C meeting,. MOTION CARRIED. -41- Agenda Item No. CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department t•10(a) Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,900 sq. ft. of buildable lot area; and the acceptance of an environmental document. AND Request to amend the Land Use Plan of the Local Coastal Program so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,900 sq. ft. of buildable lot area. INrMTED BY: The City of Newport Beach AND Request to permit the construction of an eighteen unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Code so as to permit the installation of a 12 square foot identification sign at the entrance of the development whereas the Zoning Code limits the size of an identification sign in the R-3 District to b square feet. AND Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for an 18 unit residential condominium development pursuant to the Administrative TO: any - 7- Guidelines for the implementation of the State Law relative to Low - and -Moderate -Income Housing within the Coastal Zone. AND Request to subdivide an existing lot into a single parcel of land in conjunction with the development of an eighteen unit residential condominium project on the subject property. LOCATION: Lot 1, Tract No. 1237, located at 4030 East Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands. ZONE: R-3-11 APPLICANT: Buck Gully Associates, Ltd., Corona del Mar OWNER: Ed Fried], Corona del Mar ENGINEER: Stevenson, Porto and Pierce, Inc.. Irvine The applications described above will, if approved, allow construction of an eighteen unit condominium project. The original submittal made for this project showed twenty condominium units. Subsequent review of the project by adjacent property owners and City staff has resulted in the elimination of two units which were originally shown in the required twenty-five foot setback from the Buck Gully property line. The requested General Plan density is now one unit for each 1,900 sq. ft. of buildable lot area. General Plan Amendment procedures are in City Council Policy Q-1; Tentative Tract Map procedures are in Chapter 19.12 of the Newport Beach Municipal Code. Site Plan Review Procedures are as revised via Amendment No. 683. Coastal Residential Development Permit procedures are contained in City Council Policy P-1, If desired, set these items for public hearing on September 11, 1989. On August 10, 1989, the Planning Commission reviewed the applications listed above, and recommended approval of General Plan Amendment 89-1 (C), Local Coastal Program s f TO: City - 3. Amendment No. 17 and Tentative Map of Tract No. 14028 to the City Council. Site Plan Review No. 50 and QmW Residential Development Permit No. 16 do not automatically come before the City Council, and should be called up for review by the City Council in association with the General Plan and LCP Amendmen% and the Tentative Tract Map. These items are associated with the Ordinance introduced for Planning Commission Amendment No. 682 included on this agenda Copies of the Planning Commission Resolutions, Minutes and staff report will be forwarded to the City Council at the time of the public hearing. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By i,.Z7�qu .,/. atr1c5a emp e Principal Planner PLT/WPSO CC\GPA89.1C.SR 1 • City Council Meg —August 2&_ 1989 • • • Agenda Item No. P-1 (c) CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: Amendmenj No. fin Request to amend a portion of Districting Map No, 20 so as to reclassify the subject property from R-3-B to R-3 (1900) SPR and to establish a 15 foot front yard setback along the East Coast Highway and Seaward Road frontage of the property. LOCATION. Lot 1, Tract No. 1237, located at 4030 East Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Read in Corona Highlands. ZONE: R-3-B APPLICANT: Buck Gully Associates, Ltd., Corona del Mar OWNER: Ed Friedl, Corona del Mar ENGINEER: Stevenson, Porto and Pierce, Inc., Irvine If desired, introduce ordinance and set for public hearing on September 11, 1989, On August 10, 1989, the Newport Beach Planning Commission held a public hearing and considered this amendment. The Planning Commission recommended approval of this amendment. A staff report describing the amendment in detail will be forwarded to the City Council at the time of the public hearing on the item. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By Patricia Lee Temple Principal Planner PLT/WP50 WP50\CC\A682.SR1 L • C% Y OF N EMIPORT BACH MINUTES COUNCIL MEMWRS 416 ►� August 28, 1989 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: Hone. 8. REQUEST TO APPROVE/FILL PERSONNEL (bb) VACANCIES: (Report from the City !tanager) (a) One Police Records Specidlirt. Police Department. (b) One Police Officer, Patrol Division. (c) One Groundsworker 11. Parks Division. (d) One Librarian. Library Division. 9. STAFF A.'O) COMMISSION REPORTS - For Council information and approval: (a) ELECTION OF OFFICERS for Fiscal Year 1989/90 for the following Commissions (Reports from Parks. Beaches and Recreation Director): (1) Parks. Beaches and Recreation B&R C=sn Chairman A.Z. Taft and Vice (24) Chairman Taylor Grant. (2) Arts Commission Chairman Sandy its Cmsn Blatterman. vice Chairman (�4) Katherine L. Delsack, and Treasurer Carl Noirser. (b) Resoved from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING -- September 11, 1989: (a) GENERAL PLAN AMENDMENT NO. 89-1(C) PA 89=1(C) - Request to amend the land Use (45) Element of the General Plan so as to redesignate the subject property from "Retail and Service Cocnercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,598 sq. ft. of buildable lot are&; and the acceptance of an Environmental Document; and LOCAL COASTAL PROGRAM AMENDMENT NO. PA 17 17 - Request to &send the land Use Plan of the Local Coastal Program Volume 43 - Page 348 71 PTY 'IOF NEWPORT MACH COUNCIL IdENMRS Al 1 \7\ MINUTES August 28, 1989 so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1.698 sq. ft. of buildable lot area; and SITE PLAN REVIEW NO. 50 - Request to permit the construction of a twenty unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Code so as to permit the installation of a 12 sq. fr. identification sign at the entrance of the development, whereas the Zoning Code limits the size of an Identification sign in the R-3 District to 6 sq. ft.; and COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 16 - Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a twenty unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low- and Moderate -Income Housing within the Coastal Zone; and TENTATIVE MAP OF TRACT NO. 14028 - Request to subdivide an existing lot into a single parcel of land in conjunction with the development of a twenty unit residential condominium project on the subject property. (Property located at 4030 East Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands; zoned R-3-B.] (Report fro= Planning Department) 11. RESURDIVISION NO. 857 - Accept the public improvements constructed in conjunction with Resubdivision No. 857 1701 Lido Park Drive]; and authorize the Mayor and City Clerk to release the Faithful Performance Bond (Certificate of Deposit No. 19080); and in six months Labor and Material Bond (Certificate of Volume 43 - Page 349 ISPR 5o P 16 ;Tact 14028 Resub 857 (8L) 0 0, City Council Meeting ,SeotCmhcr 11. 1969 Agenda Item No. CITY OF NE'WPORT BEACH TO: City Council FROM: Planning Department ►rrl am, i!'r ►r a-x Request to amend the Land Use Element of the General Plant so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,900 sq. ft. of buildable lot area; and the acceptance of an environmental document. AND 00111 .I. r 99s w i ' !I II ! r kl k \ ! Request to amend the Land Use Plan of the Loral Coastal Program so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,900 sq. ft. of buildable lot area. INITIATED BY: The City of Newport Beach AND AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO.20 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R-3-B DISTRICT TO THE R-3 (1,900) SPR DISTRICT (PLANNING COMMISSION AMENDMEULNO. 0) AND Request to permit the construction of an eighteen unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Code so as to permit the installation of a 12 square foot identification sign at the entrance of the development whereas the TO: • 0 City Council - 2. Zoning Code limits the size of an identification sign In the R-3 District to b square feet. AND 1111=11-MM1711111 PIMP urrk k k,+ + Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for an 18 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low - and -Moderate -Income Housing within the Coastal 'hone. AND Request to subdivide an existing lot into a single Marcel of land in conjunction with the development of an eighteen unit residential condominium project on the subject property. LOCATION: Lot 1, Tract No. 1237, located at 4030 East Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands. ZONE: R-3-B APPLICANT: Buck Gully Associates, Ltd., Corona del Mar OWNER: Ed Friedl, Corona del Mar ENGINEER: Stevenson, Porto and Pierce, Inc., Irvine The applications described above will, if approved, allow construction of an eighteen unit condominium project. The original submittal made for this project showed twenty condominium units. Subsequent review of the project by adjacent property owners and City staff has resulted in the elimination of two units which were originally shown in the required twenty-five foot setback from the Buck Gully property line. The requested General Plan density is now one unit for each 1,900 sq. ft. of buildable lot area. General Plan Amendment procedures are in City Council Policy Q-1; Amendment procedures are in Chapter 20.84 and Tentative Tract Map procedures are in Chapter 19.12 of the Newport Beach Municipal Code. Site Plan Review Procedures are as revised via Amendment No, 683. Coastal Residential Development Permit procedures are contained in City Council Policy P-1. • • TO. City Council - 3. Hold hearing; close hearing; if desired A. Sustain the action of the Planning Commission and 1. Adopt Resolution No. , adopting General Plan Amendment 89.1(C), and accepting the environmental document. AND 2. Adopt Resolution No. , adopting Local Coastal Program Amendment No. 17. 3. Adopt Ordinance No. H9-25, being AN ORDINANCE: Ol: '111E CITY OF NEWPORT (TEACH AMENDING A PORTION OF DISTRICTING MAP NO. 20 SO AS TO RECLASSIFY SAID PROPERTY FROM T-IIE; R-3-13 DISTRICT TO THE R-3 (1,900) SPR DISTRICT ' AND 4. Approve Site Plan Review No, 50, Coastal Residential Development Permit No. 16 and Tentative Map of Tract No. 14028, subject to the findings and conditions established by the Planning Commission. 10113 B. Overrule the recommendations and actions of the Planning Commission and deny the project, subject to the findings for denial contained in Exhibit "B" of the Planning Commission staff report. M C. Continue the public hearing on this item. At its meeting of August 10, 1989, the Planning Commission voted (All Ayes) to recommend approval of a General Plan Amendment, an amendment to the Local Coastal Program, an Amendment to the Newport Beach Municipal Code and a Tentative • 0 T Y. City Council - 4. Tract Map; and also approved a Site Plan Review and a Conical Residential Development Permit for the proposed project. An excerpt of the Planning Commission minutes and a copy of the staff report prepared for the Planning Cominlulon have been attached for the information of the City Council. Respectfully submitted, PLANNING DEPARTMENT ,TAMES D. HEWIC'KER, Director By57 atr1emp c Principal Planner Attachments: (For City Council only) 1. Excerpt of Planning Commission minutes - August 10, 1989 2. Planning Commission staff report - August 10, 1989 3. Plot plan, floor plans and elevations 4. Tentative Tract Map PLT/WPSO CC\GPA89-ICSR2 COMMISSIONERS .e G August 10, 1989 MINUTES \\\\\\\\CITY OF NEWPORT BEACH TOLL CALL INDEX Planning Commission recessed at 10:10 p.m. and reconvened at .20 P.M. Nc Item No. 9 A683 Request to ame Title 20 of the Newport Beach Municipal Code so as to est lash a "Site Plan Review", Special Zoning District. Approved INITIATED BY: The of Newport Beach The public hearing was opene connection with thin Item, and Dr. Jan VanderSloot, 2221 - 1 Street, appeared before the Planning Commission in support o e subject Amendment. Dr. VanderSloot addressed the proposed endment's reference to 'Environmentally sensitive areas be preserved and protected.", and he commented that thsh is w ld be appropriate on specific sites that will be proposed to the P 'ng Commission in the future. There being no others desiring to appear and heard, the public hearing was closed at this time. Motion was made and voted on to recommend to th City Council the adoption of Amendment No. 683 (Resolution 1194) so as to establish a Site Plan Review Overlay Distri MOTION CARRIED. Item 140.10 Request to amend the Land Use Element of the General Plus PA89-1C (R.1195) so as to redesignate the subject property from 'Retail and Service Commercial" to "Multi•Family Residential" with a density 17 of one dwelling unit for each 1,698 sq. ft. of buildable lot area; (R,1196) and the acceptance of an environmental document. 682 INITIATED BY: The City of Newport Beach SPR so -2& CRDP 16 TM14028 rave d COMMISSIONERS MINUTES August 10, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX AND R. "I Coastal Program Amendment No. uotlnued Public Headng Request to amend the Land Use Plan of the 1AKal Coastal Program so as to redesignate the subject property from "Retail and Service Commercial' to 'Multi -Family Residential" with a density of one dwelling unit for each 1,698 sq. ft. of buildable lot area. INITIATED BY; The City of Newport Beach AND nYl Request to amend a portion of Districting Map No. 20 so as to reclassify the subject property from R-3-13 to R-3 (1698) SPR and to establish a 15 foot front yard setback along the East Coast Highway and Seaward Road frontage of the subject property. AND D, Site..E1013 Review No. 50 (ContjnuCd_('11blic Ilegring) Request to permit the construction of a twenty unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Cade so as to permit the installation of a 12 square foot identification sign at the entrance of the development whereas the Zoning Code limits the size of an identification sign in the R-3 District to 6 square feet and the construction of an exterior stairway with handrails which exceed three feet in height and which encroach into the required front yard setback. AND -29- ' 0 COMMISSIONERS 0 � n MINUTES August 10, 1989 \\\\\\\\CITY OF NEWPORT BEACH MOLL. CALL INDEX Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 20 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low -and -Moderate -Income (lousing within the Coastal Zone. AND Request to subdivide an existing lot into a single parcel of land in conjunction with the development of a twenty unit residential condominium project on the subject property. LOCATION: Lot 1, Tract No. 1237, located at 4030 East Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands. ZONE: R-3-B APPLICANT: Buck Gully Associates, Ltd., Corona del Mar OWNER: Ed Friedl, Corona del Mar ENGINEER: Stevenson, Porto and Pierce, Inc., Irvine Patricia Temple, Principal Planner, addressed the revised plans that were submitted to the Planning Commission by the applicants. She explained that the project was reduced from 20 units to 18 units to comply with the Public Works Department's requirement that structures not be built over an existing storm drain easement and the General Plan's requirement that requires a 25 foot setback area at the Buck Gully property line. Ms. Temple stated that two units were deleted so as to accommodate the foregoing requirements. She explained that after the applicants met with the neighbors with respect to their concerns to preserve the views from the surrounding areas, the building height was reduced from 28 feet, that is consistent with R-3 •30- COIWIMlssl©NER3 . • MINUTES 'O e �. August 10. 1989 \\\\\\\\CITY OF NEWPORT BEACH ROLL CALL INDEX Standards, to a maximum building height of 24 feet to 25 1/2 feet. She stated that there is minimal difference between the project's height and the patio of the lowest unit in the immediate vicinity. The public hearing was opened in connection with this item, and Mr. Kent Hawkins, applicant, appeared before the Planning Commission. Mr. Hawkins concurred with the findings and conditions in Exhibit "A". He indicated the meetings that the applicants had with the neighbors so as to produce a development that would be desirable to the reildents, and he advised that the project is the result of those meetings. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Pcrsbn confirmed the cooperative efforts that were Motion * made by the applicants and the residents. Motion was made to approve the Actions, Findings and Conditions for Approval in Exhibit "A" of the Environmental Document, General Plan Amendment 89-1 (C) (Resolution No. 1195), Local Coastal Program Amendment No. 17 (Resolution No, 1196), Amendment No. 682, Site Plan Review No. 50, Coastal Residential Development No. 16, and Tentative Map of Tract No. 14028. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that in the event the project would not be developed, the property would be designated ai "Multi -Family Residential." All Ayea The foregoing motion was voted on, MOTION CARRIED. t�. ENVIRQNMENTAL DOCUMENT Findings: 1, That an Initial Study has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City policy. -31- i1. • COMMISSIONERS •'d VMOTIc►_SA1eso_s ROLL. CALL CITY OF NEWPORT • MINUTES August 10. 1989 BEACH Z. That based upon the information contained in the Initial Study, the project is not anticipated to have a significant effect on the environment. A Negative Declaration has, therefore, been prepared. 3. That the information contained in the environmental document has been considered in the decision on the project. Mitigation Measures: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize impacts from silt, debris and other water pollutants. 3. The grading permit shall include a description of haul routes, access point.% to the site, watering and sweeping program designed to minimize the impart of haul operations. 4. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy forwarded to the California Regional Water Quality Control Ekwd, Santa Ana Region. 5. The grading, excavation and recompaction of the site shall be conducted in accordance with plans prepared by a Civil Engineer and based on the recommendations of a soil engineer or an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shalt be furnished to the Building Department. -32- INDEX i 0 COMMISSIONERS • MINUTES ROLL CALL. August 10, 1989 CITY OF NEWPORT BEACH 6. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of the landscaping with the proposed construction schedule. Pnor to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan. 7. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning and Public Works Departments. 8. All rooftop and other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of SS dBA at the property line, and that all mechanical equipment shall be screened from view. 9. All units shall be sound attenuated to a maximum of 45 dBA CNEL for interior living areas and 65 dBA CNEL for exterior living areas associated with individual units, as measured from the area expected to experience the highest sound levels. Measurement and certification of compliance with this condition shall be completed prior to the issuance of the Certificate of Occupancy by a registered engineer practicing in acoustics. 10. All units shall he air conditioned. 11. The design and layout of the parking structure and ramp shall be subject to the review and approval of the City Traffic Engineer. Ramp design and landscaping on Seaward Avenue shall be designed to provide adequate sight distance from behind the sidewalk for automobiles exiting the structure. -33- INDEX I& COMMISSIONER$ • MINUTES CITY OF NEWPORT BEACH August 10, 1989 ROLL CALL ) ) t_ 1-1- ! INDEX 12. Construction shall conform to the hours of operation set forth in the Newport Beath Municipal Code. IL GENERAL PLAN AMENDMEUT—M-1Q Adopt Resolution No. 1195, recommending approval of General Plan Amendment 89-1(C) to the City Council. Adopt Resolution No. 11%, recommending approval of Local Coastal Program Amendment No, 17 to the City Council. I2. AMENDMENT NO, 6824 Recommend approval of Amendment No. 682 to the City Council, an amendment to Districting Map No. 20 rezoning the site from R-3-B to R-3 (1900) - SPR and to establish a 15 foot front yard setback on East Coast Highway and Seaward Road, with the following findings: I. That the amendment is necessary to implement the provisions of the Newport Beach General Plan. 2. That the proposed project cannot be implemented without the proposed amendment. Findings: 1. That the project is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan. 2. Adequate off-street parking is being provided in conjunction with the proposed development. 3. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located, except those items i 9 COMMISSIONER$ 0 MINUTES August 10. 1989 CITY OF NEWPORT BEACH ROLL CALL ) J l J J J J l , INDEX requested in conjunction with the proposed modifications. 4. The proposed development is a high -quality proposal and will not adversely affcct the benefits of occupancy and use of existing properties within the area. 5. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City-wide importance. b. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposcd development. 7. The proposed use of tandem spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposcd use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification for the project identification sign is consistent with the legislative intent of Title 20 of this Code. Conditions: I. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as may be noted below. 2. That a minimum of two parking Waces for each dwelling unit plus one-half guest puking space for each dwelling unit be provided on -site. -35- I�L COMMIS SIONERS • • MINUTES August 10, 1989 N\\CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That tandem parking spaces be assigned to specific dwelling units. 4. That guest parking spaces be Independently accessible and be identified as guest parking. 5. That all parking areas shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. 6. Parking areas shall have a maximum 5% slope. 7. That the final design of on -site parking. vehicular circulation and pedestrian circulation shall be reviewed and approved by the City Traffic Engineer. 8. That all mechanical equipment and trash areas shall be screened from adjoining propenies. 9. That the applicant shall prepare a landscape plan which identifies the size, type and location of all plant material and the design and location of a permanent irrigation system. Said landscape plan shall be subject to the review and approval of the Parks, Beaches and Recreation Department, Public Works Department and the Planning Department. 10. That the site plan is subject to the further review and approval of the Newport Beach Fire Department in order to assure provision of adequate fire flow and emcrgency access. Automatic sprinklers and hose cabinets are recommended and may be required. 11. That all conditions of Tentative Map of Tract No. 14028 shall be fulfilled. 12. That a siltation, dust, and debris control plan shall be submitted and be subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control -36- COMMISSIONERS • 0 MINUTES August 10, 1989 CITY OF NEWPORT BEACH ROIL CALL. I I J J J J) -- I INDEX Board, Santa Ana Region. nit shall be a complete plan for temporary and permanent facilities to minimize any potential Impacts from slit, debris, and other water pollutanig, 13. 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. 14. This site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 J of the Newport Beach Municipal Code. 15. That a Coastal Development Permit be issued prior to the issuance of a building permit. 16, That no fences, retaining walls, pools of any size or depth, or tennis other activity areas be constructed in the 25 foot Buck Gully property line setback. Finding: 1. 'That the proposed development has met the requirements of City Council Policy P-1. Conditions: 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, the form and content of which is acceptable to the City Attorney and the Planning Director, which guarantees the provision of two affordable dwelling units on site. The affordable housing agreement shall be recorded as deed restriction against the property. 2. The affordable units provided shall b+ affordable to moderate Income families if the units are for sale -37- S COMMISSIONERS 0 0 MINUTES ROLL CALL August 10, 1989 CITY OF NEWPORT BEACH or to low income families at fair market rent if the units are rented by the applicant or successors in Interest, in accordance with the provisions of the Newport Beach Housing Element. 3. The term of affordability shall be twenty years. 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 design of the subdivision. 2. That the proposed subdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed 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 the developed per Section 19.08.020 of the Newport Beach Municipal Code and Section 66415 of the Subdivision Map Act. 5. That sidewalk constructed along the Seaward Road frontage and construction of ramps for the handicapped will improve pedestrian safety. Conditions: 1. That a final map be recorded prior to issuance of building permits. That the final map be prepared using the State Plane Coordinate System as a basis of bearing. •38- INDEX i� i 0 COMMISSIONE $ MINUTES ROLL CALL CITY OF NEWPORT August 10, 1989 BEACH 2. Titat 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. S. That the intersection od Seaward Road and the driveway be designed to provide sight distance for a speed of 25 miles per hour in conformance with City Sid. 11(-L, Slopes, landscape walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches In height. b. That County Sanitation District fees be paid prior to the issuance of any building permits. 7, That all vehicular rights to East Coast Highway be released and relinquished to the City of Newport Beach. S. That sidewalk he constructed along the Seaward Road frontage; that a curb access ramp be constructed at the corner of East Coast Highway and Seaward Road; That unused drive aprons be removed and replaced with curb, gutter and sidewalk along the Seaward Road frontage and the deteriorated sidewalk be reconstructed along the East Coast Highway frontage. All work within East Coast Highway shall be completed under an encroachment permit issued by the California Department of Tmnsponation. -39- INDEX IL - COMMISSIONERS 0 MINUTES August 10. 1989 CITY OF NEWPORT BEACH ROIL CALL 1 1 J 1 1 1) 1 1 INDEX 9. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shalt be the responsibility of the developer. 11. That the proposed structure not be built over the existing storm drain line located on the westerly portion of the property. The storm drain line must either be relocated in order to provide future maintenance of the storm drain or the proposed structure must be placed on piles a minimum of 10 feet clear of the storm drain line to provide for future maintenance of the storm drain without endangering the proposed structure. If the storm drain is relocated the old easement must be abandoned and a new one dedicated as required. Caltrans approval is required for any encroachments into the storm drain easement. 12. That the Public Works Department plan check and inspection fee be paid. 13. That the Edison transformer serving the site be located outside the sight distance planes as described in City Sid. 110-L. 14. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be -40• r� COMMISSIONERS • MINUTES August 10, 1989 Nk\\ CITY OF NEWPORT BEACH ROIL CALL INdEx Motion All Ayes 16 reviewed and approved by the Public Works Department. No construction storage or delivery of materials OW1 occur within the State right-of-way. Prior to issuance of any grading perml% a parking plan for workers must be submitted and approved by the Public Works Department. • s • Re qu t to consider recommending the revocation of Use Permit No. 33 , Newport Sound Waves, that specializes in the sale and installatk of automobile accessories, for failure to comply with specific c nditions of approval or to consider adding or modifying c ditiorrs of approval to said use permit. L.00ATIDN: A portion of Lot F, Tract No. 919, located at 2906 West Coast Highway, on the northerly side of West Coast Highway, twecn North Newport Boulevard and 'verside Avenue, in Mariner's Mile. ZONE: APPLICANTS: Nancy ',kid Robert Clark OWNER: Robert Brhudy, Pauma Valley James Hewicker, Planning Directo stated that staff recommends that this item be continued to th October S, 1989, Planning Commission meeting to allow additio 1 time to discuss alternate solutions with the applicant regard i previously established conditions of approval. Motion was made and voted on to can ' e Use Permit No. 3321 (Revocation) to the October 5, 1989, P Wing Commission meeting. MOTION CARRIED. -31- s r • Item tt0.11 UPS121 Cont'd to 10-5-89 I Planning Commission Meeting Agenda Item No. .. _ 10 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,698 sq. R. of buildable lot area; and the acceptance of an environmental document. AND B. Local Castal Program Amendment No. 17 (Public Hearing) Request to amend the Land Use Plan of the Local Coastal Program so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,698 sq. ft. of buildable lot area. INITIATED BY: The City of Newport Beach AND Request to amend a portion of Districting Map No. 20 so as to reclassify the subject property from R-3-B to R-3 (1698) SPR and to establish a 15 foot front yard setback along the East Coast Highway and Seaward Road frontage of the subject property. AND Request to permit the construction of a twenty unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Code so as to permit the installation of a 12 square foot identification sign at the entrance of the development whereas the 0 • TO: Planning Commission - 2. Zoning Code limits the size of an identification sign is the R-3 District to G square feet. AND Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 20 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low. and -Moderate -Income Housing within the Coastal Zone. U:1 r7 Request to subdivide an existing lot into a single parcel of land in conjunction with the development of a twenty unit residential condominium project on the subject property. LOCATION: Lot 1, Tract No. 1237, located at 4030 East Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands. APPLICANT: Buck Gully Associates, Ltd., Corona del Mar OWNER: Ed Friedl, Corona del Mar ENGINEER: Stevenson, Porto and Pierce, Inc., Irvine The applications described above will, if approved, allow construction of an eighteen unit condominium project. The original submittal made for this project showed twenty condominium units. Subsequent review of the project by adjacent property onurs and City staff has resulted in the elimination of two units which were originally shown in the required twenty -rive foot setback from the Buck Gully property line. The requested General Plan density is now one unit for each 1,900 sq. ft. of buildable lot area. General Plan Amendment procedures are in City Council Policy Q-1; Amendment procedures are contained in Chapter 20.84 and Tentative Tract Map procedtues are in Chapter 19.12 of the Newport Beach Municipal Code. Site Plan Review Procedures are as revised via Amendment No. 683 addresses in Agenda Item No. 7 which preceded this public hearing. Coastal Residential Development Permit procedures are contained in City Council Policy P-1. 0 • TO: Planninx Commission - 3. In accordance with the California Environmental Quality Act (CEQA), The State CEQA Guidelines and City Policy, an Initial Study has been prepared for the project. Based upon the information contained in the Initial Study, it has been determined that the project will not have a significant effect on the environment. A Negative Declaration has, therefore, been prepared for the consideration of the Planning Commiulon. The Land Use Element of the Newport Beach General Plan and the L4xa1 Coastal Program, Land Use Plan designate the site for Retail and Service Commercial. This category allows uses including retail sales, offices which provide goods or services to the general public, hotels and motels, commercial recreation and senior citizen housing facilities. The land use designation does not allow for residential land uses, which are considered an appropriate use in areas designated for Multi -Family Residential. The specific area description for the Corona del Mar Commercial Area allows a floor area ratio (FAR) for commercial development of 0.5 f 0.75. Above grade, covered parking is allocated an additional 0.25 FAR, so the maximum allowable development, subject to approval of a variance, is 1.00 FAR. The proposed residential development is not consistent with the uses allowed in the Retail and Service Commercial land use designation A General Plan Amendment and a Loral Coastal Program, Land Use Plan amendment are required to change the land use designation to Multi -Family Residential with a specific density of one dwelling unit for each 1,900 sq.ft. of buildable lot area in order to approve the project. The project is required to have approval of a Coastal Development Permit. The subject property is developed with a nineteen (19) room motel (Kirkwood Motel). To the west of the property, across Buck Gully, is a gasoline service station. To the north and cast, is two-family and multi -family residential development in the Corona Highlands community. To the south, across East Coast Highway, is single-family residential development in the Shore Cliffs community. 0 • 7O: Planning COmmiWon • 4. SMOdard Dwelling units Ejorrosed Protect GP 18 RSC &&lord R 0 3 (,I-9W)_Standard 18 Gross land area 43,560 sq.ft. None 6,000 sq.ft, Buildable area' 34,387 sq.ft. 32,193 sq.ft, Building area 39,659 sq.ft. 34,387 sq.ft.' 96,585 sq.ft. FAR 1.15(GP)/ 1.23(R•3) 1.00 3.00 Parking spaces 47 None 27 Parking per unit 2.6 None 1.5 A series of approvals is necessary to allow construction of the proposed project. Each approval is discussed separately. General Plan Amendment 89.1(C). An amendment to the General flan Land Usc Element is necessary to allow construction of the project. The amendment will revise the specific area description for the Kirkwood Motel site (page 43). as follows: :� This site is located on East Coast Highway at Seaward Road. The site is designated for Retail and Set.' The charts on pages 44, 86 and 87 of the Land Use Element will also be amended to reflect the statistical changes which result from the change in land use, 'here are two primary issues associated with the change of the site to Multi -Family Re-tidenrlul, the compatibility of the use with the area and the increased building bulk which will result from residential development. Additionally, the City Council had specific concerns related to the height of the proposed project when the General Plan Amendment was initiated. The height of the building is discussed in detail in the Site Plan Review discussion. Sampatibil ly of _Land Ilse& The project site is located on East Coast Highway at Seaward Road. The location on Coast Highway will require sound attenuation of the residential structures. While this can be anticipated to increase the cost of construction of the units, the noise levels in the area are not of a level which would preclude residential development. t BwW" area Is pw Ia airs ku ODPa+ VCWr thm two w vat (fit) M tit dearer Rea sad is pas W alas ka requlMd WOOds is W &3 t WAM 2 Ma6mve be" brit alband uIQ a Vanmm isc%� abvw pads casts/ pu t4 0 • TO. Planning Commission - 5. The requested density of one unit for each 1,900 sq.ft. of buildable lot area is consistent with the density allowed in the Shorecrest Lane area to the east, which is allowed one unit for each 1,900 sq.ft. of buildable lot area. Additionally, the residential development proposed by this amendment will reduce the potential amount of traffic which could be generated from the site. Prior to the adoption of the revised General Plan Land Use Element in October, 1988, this site was designated for Multi -Family Residential land use. Staff suggested the change to commercial due to the long standing commercial development of the site, and the fact that a smaller structure would be allowed under the commercial designation. The site is still zoned for residential development. It is the opinion of staff that the location of the property at the end of the Corona del Mar commercial strip makes the property equally appropriate for either commercial or residential development. Building An issue which has caused much controversy in the Corona del Mar area is building mass and bulk. The change from commercial to residential land use designation will significantly increase the permitted floor area and building bulk on the site. The maximum building bulk (for a low traffic generating land use) allowed under the existing commercial designation is 1.0 times the buildable lot area Including the 0.25 parking structure allocation, which would allow a total of 34,387 sq.ft. This project is proposed to be constructed at 1.15 times the buildable lot area of the site, or 39,659 sq.ft. Residential development in old Corona del mar is allowed 1.5 times the buildable area, which would allow 48,290 sq.ft. The R-3 District being requested for the site allows 3 times the buildable area of the site, or 96,585 sq.ft. Local Coastal Prnram Amendment No. 17. The issues associated with the amendment to the LCP are primarily the same as the General Plan. Amendment No. 682. The previous item on the Planning Commission agenda established the ability to designate Site Plan Review on specific sites. It is proposed to rezone the subject property from R-3-13 to R-3 (1,900) - SPR. Also requested Is the establishment of a 15 foot front yard setback on East Coast Highway and Seaward Road. This zoning designation will set the maximum density for the site consistent with the General Plan, and designate the site for Site Plan Review. Site Plan Review will allow the Planning Commission to review the specifics of the site plan given the constraints of the property and the concerns of the neighborhood. The fifteen foot setback proposed for East Coast Highway and Seaward Road is typical of setbacks established on the Districting Maps throughout Corona Highlands. Staff has no objections to this request. Site Plan R,ersew No. 50. There are five issues which staff has identified relative to the proposed site plan. These are height, the massing of the structure on the property, parking, uses in the Buck Gully setback and the building identification sign. Hzjghy The height of the structure on this site affects two issue areas, building bulk and views. Obviously, the taller the structure, the greater its bulk assuming the same floor area. This is true on any site. On this site the height of the building also will affect scenic view: from nearby homes. It was in recognition of these issues that the • 0 TO: Planning Cession - 6. City Council established a height criterion for the project at the time the General Plan Amendment was initiated, as follows: '...that the new structures not exceed the height of the already exhiing buildings on the site at any point." This criterion was established for the purpose of addressing the views from private residences in the vicinity of the project. The applicant has been meeting with affected homeowners to assure that the project design adequately addresses the concerns related to view preservation from nearby properties. View preservation is achieved by a combination of the required twenty-five foot setback from the Buck Gully property line and the ridge heights of the proposed buildings, which are at or below the elevation of the view decks of adjacent properties. The one area where the roof is at 26 feet does not appear to affect any views. Site Plan and Building Mass_ Three main components of the site plan drive the configuration of building mass on the site. 'Buse are Buck Gully, the required twenty- five foot setback from the Buck Gully property line and placement of the proposed dwelling units around a central courtyard. As a result, the buildings are placed all along the fifteen foot setback line on East Coast Highway and Seaward Road in a consistent two story elevation. There are two breaks in this massing along the streets, one at the entry driveway and one at the Buck Gully setback on East Coast Highway. The advantage of the proposed site plan is that the entry to each dwelling unit is from a private entry courtyard, which is likely to be a more quiet and secure situation. The disadvantage is the entire bulk of the building is on the street, similar to the massing of the Shorecrest Lane apartments along East Coast Highway. One ameliorating factor is the fact that the proposed buildings are typically 24 feet in height, as opposed to the 28 foot high structures of the Shorecrest Lane development. Parking. All parking for the project is proposed to be provided In a subterranean parking structure. The parking lot layout shows 47 parking spaces, 19 of which are tandem spaces. The R-3 zoning district requires 1.5 parking spaces per dwelling unit, or a total requirement of 27 spates. It is the opinion of staff that a higher parking requirement is necessary in order assure provision of adequate parking. Ten of the units are three bedroom units, and there is little on -street parking available in the vicinity of the project. It is therefore suggested that a minimum of 2.5 parking spaces per unit be provided. This standard would mandate 45 parking spaces. The configuration of the parking is also important to the adequacy of the parking. In order to function properly, tandem spaces must be assigned to specific individual units, and non -assigned spaces must be independently accessible. In order to assure parking adequacy, conditions of approval have been included which require the specific assignment of tandem parking spaces for each unit, and the provision of a minimum of 9 independently accessible guest parking spaces. Uses in the Buck GujhSStback, 'Ile General Plan specifies a mandatory twenty-five foot setback from the Buck Gully property line. The General Plan states, "all TO: Plsnni�a; Commission - 7. construction including but not limited to fences. retaining walls, pools of any size or depth, or tennis or other activity areas are expressly prohibited within 25 feet of the property lines of all properties adjacent to Buck Gully.' The site plan shows a smaU putting green, chipping area and ponds in this setback area. These uses are not allowed, and a condition of approval has been included prohibiting these uses. A modification to the Zoning Ordinance is required in order to permit the proposed project identification sign. The code allows a buildin identification sign to be 6 sq.ft. in the R-3 District. The proposed sign is 12 sq.ft. Stab has no objections to the request. Coastal Residential Derdopa nt Permit No. 16. The proposed development is in the Coastal Zone and contains more than two dwelling units. The project must, therefore, comply with City Council Policy P-1, which requires the inclusion of low or moderate income housing in the Coastal Zone, where feasible. The project proposes to provide two of the units for affordable housing, and is in compliance with Council Policy P-1. Tentative Map of Tract No. 14028. In order to construct the condominium project, approval of a Tentative Tract Map is required. Parcel 1 contains one acre and meets the standards contained in the Subdivision Code. Staff has no objections to the request. The adoption and amendment of the General Plan is considered a legislative act on the part of the City, and State Planning Law does not set forth - any required findings for either approval or denial of a General Plan Amendment. This also applies to amendments to the Local Coastal Program and Zoning Ordinance. Section 19.12.020 (D) provides that the Commission shall make specific findings in order to approve a tract map. Should the Planning Commission desire to approve this proposal, a series of Resolutions must be adopted, and Findings and Conditions of Approval established. Exhibit OK defines the various actions for approval. Should the Commission desire to deny the General Plan Amendment and associated applications, actions and findings are provided in Exhibit "B". PLANNING DEPARTMENT JAMES D. NEWICKER, Director By )�& -mwz'*M= Patricia L Temple Principal Planner PLT/ WP50\..\PC\G PA89.1(C) Attachments: 1. Exhibit "A" Z Draft Resolution - GPA 89.1 (C) 3. Draft Resolution - LCP Amendment No. 17 4. Exhibit V 5. Vicinity Map 6. Negative Declaration 7, Plot Plan, Floor Plans and Elevations 8. Tentative Tract Map 1< eactment 1 io 0 Planning Commission • S. F-MBIT W ACTIONS, FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL DOCUMENT GENERAL PLAN AMENDMENT W1 (C) LOCAL COASTAL PROGRAM AMENDMENT NO. 17 AMENDMENT NO. 6V SITE PLAN REVIEW NO. SO COASTAL RESIDENTIAL DEVELOPMENT NO. 16 TENTATIVE MAP OF 'TRACT NO. 14028 Findings: 1. That an Wdal Study has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City policy. 2. That based upon the information contained in the Initial Study, the project is not anticipated to have a significant effect on the environment. A Negative Declaration has, therefore, been prepared. 3. That the information contained in the environmental document has been considered in the decision on the project. Mitigation Measures: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize impacts from silt, debris and other water pollutants. 3. The grading permit shall include a description of haul routes, access points to the site, watering and sweeping program designed to minimize the impact of haul operations. 4. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy forwarded to the California Regional Water Quality Control Board, Santa Ana Region. S. The grading, excavation and recompaction of the site shall be conducted in accordance with plans prepared by a Civil Engineer and based on the recommendations of a soil engineer or an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the 'Approved as Built' grading plans on standard size sheets shall be famished to the Building Department. A 0 • TO: Planning Commission - 9. 6. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. 'Ile landscape plan shall integrate and phase the installation of the landscaping with the proposed construction schedule. Prior to the occupancy of any structure, the licensed landscape architect shill certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan 7. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning and Public Works Departments. 8. AU rooftop and other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line, and that all mechanical equipment shall be screened from view. 9. All units shall be sound attenuated to a maximum of 45 dBA CNEL for interior living areas and 65 dBA CNEL for exterior living areas associated with individual units, as measured from the area expected to experience the highest sound levels. Measurement and certification of compliance with this condition shall be completed prior to the issuance of the Certificate of Occupancy by a registered engineer practicing in acoustics. 10. All units shall be air conditioned. 11. The design and layout of the parking structure and ramp shall be subject to the review and approval of the City Traffic Engineer. Ramp design and landscaping on Seaward Avenue shall be designed to provide adequate sight distance from behind the sidewalk for automobiles exiting the structure. 12. Construction shall conform to the hours of operation set forth in the Newport Beach Municipal Code. Adopt Resolution No. , recommending approval of General Plan Amendment 89»1(C) to the City aL unci�. Adopt Resolution No. recommending approval of Local Coastal Program Amendment No. 17 to ih—FNp Council. 1. Recommend approval of Amendment No. 682 to the City Council, an amendment to Districting Map No. 20 rezoning the site from R-3-B to R-3 (1900) - SPR and to establish a 15 foot front yard setback on East Coast Highway and Seaward Road, with the following findings: 1. That the amendment is necessary to implement the provisions of the Newport Beach General Plan. • • TO'. Planning Commission - 10. 2. That the proposed project cannot be implemented without the proposed amendment. Findings: 1. That the project is consistent with the General Plan and the adopted Loral Coastal Program, Land Use Plan. 2. Adequate off-street parldng is being provided in conjunction with the proposed development. 3. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located, except those items requested in conjunction with the proposed modifications. a. The proposed development is a high -quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 5. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City-wide importance. 6. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 7. 'The proposed use of tandem spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification for the project identification sign is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevadons, except as may be noted below. 2. That a minimum of two parking spaces for each dwelling unit plus one- half guest parking space for each dwelling unit be provided on -site. 3. That tandem parking spaces be assigned to specific dwelling units. TO: PlAng Cominhsk n - 11. • 4. That guest parking spaces be independently accessible and be identified as guest packing. 5. That all parking areas shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. b. Parking areas shall have a maximum 5% slope. 7. That the final design of on -site puking, vehicular circulation and pedestrian circulation shall be reviewed and approved by the City Traffic Engineer, 8. That all mechanical equipment and trash areas shall be careened from adjoining properties. 9. That the applicant shall prepare a landscape plan which identifies the size, type and location of all plant material and the design and location of a permanent irrigation system. Said landscape plan shaft be subject to the review and approval of the Parr, Beaches and Recreation Department, Public Works Department and the Planning Department. 10. That the site plan is subject to the further review and approval of the Newport Beach Fire Department in order to assure provision of adequate fire flow and emergency access. Automatic sprinklers and hose cabinets are recommended and may be required. It. That all conditions of Tentative Map of Tract No. 14028 shall be fulfilled. 12, That a siltation, dust, and debris control plan shall be submitted and be subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. This shall be a complete plan for temporary and permanent facilities to minimize any potential impacts from silt, debris, and other water pollutants. 13. 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 impart of haul operations. 14. This site plan review shall expire unless exercised within 24 months from the date of approval as speafied in Section 20.01.070 ] of the Newport Beach Municipal Code. 15. That a Coastal Development Permit be issued prior to the issuance of a building permit. lb. That no fences, retaining walls, pools of any size or depth, or tennis other activity areas be constructed in the 25 foot Buck Gully property line setback. 0 0 To: ri.00t,� comma - 11 Finding: 1. That the proposed development has met the requirements of City Council Policy P•1. Conditions: 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, the form and content of which is acceptable to the City Attorney and the Planning Director, which guarantees the provision of two affordable dwelling units on site. The affordable lousing agreement shall be recorded as deed restriction against the property. 2. The affordable units provided shall be affordable to moderate income families if the units are for sale or to low income families at fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. 3. The term of affordability shall be twenty years. MEOURN a• CAN • 717: 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 design of the subdivision. 2. That the proposed subdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed 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 the developed per Section 19.08.020 of the Newport Beach Municipal Code and Section 66415 of the Subdivision Map Act. S. That sidewalk constructed along the Seaward Road frontage and construction of ramps for the handicapped will improve pedestrian safety. • • TO: Planning Commisdw • U. Conditions: 1. That a final map be recorded prior to issuance of building permits. That the final map be prepared using the State Plane Coordinate System as a basis of bearing. 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 Wrap 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. S. That the intersection od Seaward Road and the driveway be designed to provide sight distance for a speed of 25 miles per hour in conformance with City Std. 110•L Slopes, landscape walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches In height. 6. That County Sanitation District fees be paid prior to the issuance of any building permits. 7. That all vehicular rights to East Coast Highway be released and relinquished to the City of Newport Beach. 8. That sidewalk be constructed along the Seaward Road frontage; that a curb access ramp be constructed at the corner of East Coast Highway and Seaward Road; That unused drive aprons be removed and replaced with curb, gutter and sidewalk along the Seaward Road frontage and the deteriorated sidewalk be reconstructed along the Fast Coast Highway frontage. All work within East Coast Highway shall be completed under an encroachment permit issued by the California Department of Transportation. 9. That street, drainage and utility improvements be shown on standard Improvement plans prepared by a licensed civil engineer. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording 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. TO- Phuming Commission - 14. 11. That the proposed structure not be built over the existing storm drain line located on the westerly portion of the property. The storm drain line must either be relocated in order to provide future maintenance of the storm drain or the proposed structure must be placed on piles a minimum of 10 feet clear of the storm drain line to provide for future maintenance of the storm drain without endangering the proposed structure. If the storm drain is relocated the old easement must be abandoned and a new one dedicated as required Caltrans approval is required for any encroachments into the storm drain easement. 12. That the Public Works Department plan check and inspection fee be paid. 13. That the Edison transformer serving the site be located outside the sight distance planes as described in City Std. 110-L 14. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted In accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall occur within the State right-of-way. Prior to issuance of any grading permits, a parking plan for workers must be submitted and approved by the Public Works Department. • Attu 2 TO. PlC MEN64M - I& A RESOLUnON OF THE PLANNING COMMMON OF THE CTrY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CM COUNCIL. AN AMENDMPM TO MM LAND USE ELEXENT OF TM NEWPORT BEACH GP_NF.RAL PLAN FOR THE IDRICWOOD MOTEL SITE IN CORONA HIGHLANDS (GENERAL nAN AMENDMENT 190 (Q) WHEREAS, ss put of the development and implemcatatloo of the Newport Beach General Plan the Lard Use Element has been prepartd. and WT EREAS, said element of the General Plant sets forth objectives. supporting policies and lirnitatiom lot development in the City of Newport Beach; ud WHEREAS, saki element of the General Plan designates the general distribution and general location mW extent of the uses of land and building Imernitics in a number of ways, including residential land use categories and population pr*ctujas, cornrnercW floor Arta limitations` the floor area ratio ordinarsces; and WHF.R.EAS, the Land Use utd Circulation Ektnenu are correlated as required by California planning Lrr. and WHEREAS, the provisions and policies of the Laud Use and Cuculation Elemenu are further implemented by the traffic analysis procedures of the Traffic Phasing Ordinance and the implementation programs of that Ordinance vW the Fair Share Traffic Contribution Fee Ordinance; and WiIFAEAS. pursuant to Section 707 of the Charter of the City of Newport Beads, the Planning Commission has held ■ public baring to consider a certain Amendment to the Land Use Element of the Newport Beach General Plan; and WHEREAS, the proposed project is compatible with the existing land uses on in Corona Highluds; ad WHEREAS, the circulation system will not be significantly impacud by the proposed project; and WHEREAS, the proposed reskkntlal land use is compatible with the surrounding commuaity; anal TO: Mooing Commistioa • 16. WHEREAS, ttre City o[ Newport Beach prepared a Ngwive Dedwztkm with supporting Initial Study for the pr*ct In c*aVHaaae with the California Eaviron- axatal Quality Act (CEOA) tad the State CEOA Guidcliaes; and WHEREAS, the Planning Commission Nu reviewed and consldcmd the Wormation contained in the eavironmcnW document in m&Uq Its decision oa the proposed amendment to the Land Use Element of the Newport Bacb General Plan NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Bach that an amendment to the aeacral Plot Is recommended for wpprovwl to the City Council, as follows: Page 43: This site is located on East Coast 114*q at Scawwrd Road. The the is deslanated for ROW and 5c.vk. The charu on pages 44. 86 and 87 of the Lead Use Element arc also amerkkd to reflect the statistical cbm4a which result from the change In land use. ADOPTED this — day of � 1989, by the following vote, to wit: AYES NOES BY Gary W. Pomeroy MAI R MAN BY My J. Di Sam SFCRETARY PLT/ C PC\ PC\C3PA89-]GAS1 • Attat S m FlaaeiComma . 17. RE30LUnoN NO. A RESOLLMON OF 71HE PLANNING COMMLSSiON OF 'mE a Y Of NEWP'ORT BEACH RECO104ENDING TO THE CliY COUNCIM APPROVAL OF AMENDMENT NO, 17 TO THE LOCAL COASTAL PROGRAM. LAND USE PLAN WHEREA4 the Com, Act of 1976 requires the City of Newpon Beach to prepare a bal coastal program Lad WHEREAS, as part of the development and implementation of the C4ca►ta1 Act, the City established a Load Coastal Program Advisory Cmmttee, which held 29 public ttteetings to develop the foals, objectives and polleies of the Citya Local Crustal Program; and WHEREAS, the Plaguing Commission of the City of Newport Beach considorcd the Load Coastal Progam Lind Use Plan at tune public hearing prior to recommending approval and adoption to the City Council; aM WHEREAS, the City Council of the City of Newport Reach also held nine public hearings on the Local Coasui Program, Land Use Pon prior to adoption; and WHEREAS, two public bearings were held by the California Coastal Commission in conjurJ ioa with the certification of the Newport Beach Local Coastal Program, Lind Use !'fan; and V41EREA-% said Lard Use Plan sets forth the objectives and supporting policies which serve as a guide for the future development in the amm! zone in the City of Newport Beach; and WHEREAS, the Pluming Commission has bald a duly noticed public hearing to consider this am rAlment to the Local Coastal Program, Land Use Plan; and WHEREAS, the Planting Commission, in comidering this amendment to the Local Costa) Propuu, bays determined that this amend=m is consistent with all of the stated toils and polities of the California Coastal Act, the City of Newpon beach General Plart, vW the Citys Local Coastal Program. LAW Use Plan. NOW, THEREFORE, BE rT RESOLVED by the Planning Commiulon of the City of Newport Beefs tMi all charges neccuary to reflect the amendmena adopted In Oe ne rsl Plan Ameadmeat WI(C) be Incorporated into the Newpon Beach Leal {'octal PrOVWM Lead Use Planes. 0 • TO; PSaeWq Commis�ira - i �. ADO"M this dry of _--- 1909. by the Wowing rote. to wit: AYES NOES ABSENT BY Guy W. FocrAtoy CHAIRMAN BY u7 SECRETARY PLT/WPSO WP50^PC\LCPf7.RSl 0 &hwnt 4 TO: Planning Commission - 19. EMIBIT'R' FINDINGS FOR DENIAL ENVIRONMENTAL DOCUMENT GENERAL PLAN AMENDMENT W1 (C) LOCAL COASTAL PROGRAM AMENDMENT NO. 17 AMENDMENT NO. 69 SITE PLAN REVIEW NO. 50 COASTAL RESIDENTIAL DEVELOPMENT NO. 15 TENTATIVE MAP OF TRACT NO. 14029 Finding: 1. That an environmental document is not needed for a project which is denied. 1. That the site is more appropriate for commercial given the location on East Coast Highway. 2. That the commercial land use designation allows less building bulk than residential. LOCAL COASTAL PROURAM AMENDMENT NO, 17 1. That the site is more appropriate for commercial given the location on East Coast Highway. 2. That the commercial land use designation allows less building bulk than residential. 0011 : ►. ► u ►M • �.:f 1. That the zone change to R-3 (1.900) - SPR is not consistent with the Newport Beach General Plan. Since the site is currently zoned R-3-B, staff is further directed to initiate a zone change for the subject property to C-1 (0.5/0.75) - SPR. 1. That the proposed residential development is inconsistent with the Newport Beach General Plan and the Local Coastal Program, Land Use Plan. 0 • TO: Planning Commission • 20. 1. That the proposed residential development is inconsistent with the Newport Beach General Plan and the Local Coastal Program, Land Use Plant. 1. That the proposed residential development is inconsistent with the Newport Beach General Plan and the Local Coastal Program, Land Use Plant, :;,I . owjmnt S TO: Planning Commission - 21 VICINITY MAP GENERAL PLAN AMENDMENT 89-1 (C) LOCAL COASTAL PROGRAM AMENDMENT NO. 17 AMENDMENT NO.682 SITE PLAN REVIEW NO.50 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 16 TENTATIVE MAP OF TRACT NO. 14028 -flat ti • r � 1I..r 11 • 1fr 04146111 PROJECT LOCATIO? sr lirr (usr)� r r ,rr CD Is • V� 11 • • Sadpwnt 6 CITY OF NENVMRT BEACH P.O. BOX 1768. NEWPORT BEACH. CA 92659-1768 TO: Office of Planning and Research ' 1400 Tenth Street, Room 121 Sacramento, CA 95814 D County Clerk of the County of Orange P.O. Box 838 Santa Ana, CA 92702 NAME OF PKIJECT: PROJECT LOCATION: A030 f , ell* PROJECT DESCRIPTION: �j} 'tic e 4a FRQt: Planning Department City of Newport beach P.O. Box 1768 Newport Beach, CA 92659-1768 t / 61*640" Qa�as rINDING: Pursuant to the provisions of City Council Policy K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project will not have a significant effect on the environment. MITIGATION MEASURES: 6 a #d and //I 74 .l �. INITIAL STUDY PREPARED BY: � Awk INITIAL STUDY AVAILABLE FOR REVIEW AT: DATE RECEIVED FOR PILING: 3300 Newport Boulevard, Newport beach, CA Environmental Coordinator DAM 26' Jw /r , /9tf i . !background 1. 2. 3. 4. S. Name of Proponent Date Checklist Submitted ,6+ 21 AM? - - Agency Requiring Checklist 6ALd&WjWda&4d Ifs of Proposal, if applicable 9-144i 11. Enrirocsmental Impacts (Zcplsnations of all "yes• and omaybe' answers are required on attached Sheets.) 711 W" H2 . 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions. displacements, compaction or overcovering of the soil? C. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? C. Any increase in wind or water erosion of Soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation. deposition or erosion which may codify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? _.._. g. Exposure of people or property to geologic hazards such as earthquakes. landslides. mudslides, ground failure, or similar hazards? -1- 0 2. 3. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? C. Alteration of air movement, moisture, or .temperature, or any change in climate, either locally or regionally? Water. Will the proposal result in: A. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface rursoff? c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water In any water body? e. Discharge into surface waters, or in any alteration of surface water quality, Including but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground water? S. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? I. Exposure of people or property to water related hazards such as flooding or tidal waves? - 2 - — K --- X X_ — ---- _X. ---- --- Ir K 9 Y dx. 0 OU 4. plant Life. Will the proposal result in: a. Change in the diversity of species. or mm- ber of any species of plants (including tress. shrubs, grass. crops, and aquatic plants)? ._.-. b. Reduction of the rwmbers of any unique, rare or endangered species of plants? C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? .�. d. Reduction in acreage of my agricultural crop? S. Animal life. Will. the proposal result in: A. Change in the diversity of species, or num- bers of any species of animal (birds, land animals including reptiles. fish and shell- �►. fish, benthic organisms or insects)? _.. b. Reduction of the rambers of any unique, rare or endangered species of animals? ._. C. Introduction 99 new species of animals into an area, or result in a barrier to the migra- tion or movement of animals? d. Deterioration to existing fish or wildlife habitat? --- b. Noise. Will the proposal result in: a. increases in existing noise levels? b. Exposure of people to severe noise levels? 7. Light and Clare. Will the proposal produce Dew light or glare? B. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned land use of an area? . 3 - M 9. Natural Resources, Will the proposal result in: A. Increase in the rate of use of any natural resources? 10. Risk of Upset. Will the proposal involve: A. A risk of an explosion or the release of hazardous substances (including. but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation per? 11. Population. Will the proposal alter the location. distribution. density, or growth rate of the hustan population of an area? _ 12. Housing. Will the proposal affect existing housing or create a demand for additional housing? .__. 13. Transportation/Giruilation. Will the proposal result in: A. Generation of substantial additional vehicular movement? b. Effects an existing parking facilities, or des" for new parking? C. Substantial Impact upon existing trans- portation systems? d. Alterations to present patterns of circula- tion or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic?� f. Increase in traffic hazards to motor vehicles. bicyclists, or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or alterad'gov- erntal services in any of the following areas: . 4 - 0 4L dold N2 a. Fire protection? b. Police protection? C. Schools? d. Parks or other recreational facilities? _ �[ a. Maintenance of public facilities, including roads? L. Other governmental services? 15. rmergy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources or energy, or require tha developwmt of new sources of energy? 16. Utilites. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: Y A. Power or natural gas? _. IL b. Cosmunications systems? C. Water? ..,_.. d. Sewer or septic tanks? w, a. Storm water drainage? f. Solid waste and disposal? 17. Mu = health. Will the proposal result in? a. Creation of any healtht�azard or potential health heazard (excluding mental health)? .�,. b. Exposure of people to lotential health x hazards? -S- Imo. • 0 XU "dift & IS. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X 19. Recreation. Will the proposal result in an Impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. A. gill the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building. structure, or object? __.. C. Does the proposal have the potential to cause a physical change vhich would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses with the potential impact area? 21. Handatory Findings of Significance. a. Does the project have the potential to degrade the quality of the enytro=ent, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels. threaten to elisinata a plant or animal cossunity. reduce the mob -or or restrict the range of a rare or endangered plant or anis<al or eli><inate important examples of the major periods of California history or prehistory? _ Iff-M U Y im WC • k da h i3 b. Does the project have the potential to achieve short-term. to the disadvantage of long-term. environmental goals? (A short-term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long -tern impacts will endure well into the future.) C. Does the project have impacts which are Individually limited, but cumulatively con- siderable? (A project may impact on two at sore separate resources where the impact on each resource is relatively small. but where the effect of the total of those impacts on the environment is significant.) d. Does the project have anviro, ntal effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. Discussion of Eavizovimental. Evaluation (Narrative description of environmental impacts.) 1V. Deterndnation On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a VEGArM DLCIARA:rIOH WILL BE PREPARED. CD I find that although the proposed project could have a signif- icant effect on the environment, there will not be a significant effect in this case because the sitigation measures described on an attached sheet have been added to the project. A MECATIYS DECIMATION WILL BE PREPARED. I find the proposed project HAY have a significant effect on the environment, and an ERVIROMMENM DEPACT RZPM is required. 0 Date C\FLT\EIRLIST.FAH 11 AAA—& zgL_&4d& Signa/tlurre For Ca_2- / df�siii�LT J]�l�C PROJECT DESCRIPTION The proposed project consists of a General Plan Amendment, an amendment to the Local Coastal Program, Land Use Plan. an Amendment to the Zoning Ordinance, a Tentative Tract Map, a Site Plan Review, and a Coastal Residential Development Permit, all to allow the demotidon of an existing motel and the construction of a 20 unit condominium project. ENVIRONMENTAL IMPACTS IL The proposed project requires a partially below -ground parking strtiettue, thus creating the possib�of unstable earth conditions. The soil at the site is primarily a sgg4and ranging in depths from 10 to 40 feet, under which lies a sandstone bedrock. Adjacent to the site is Buck Gully, which has slopes approaching a grade of 10D%. The proposed project will be in close proximity to the head of the slope. lb. The site is currently occupied by a twenty -unit (20), two-story motel with on -site surface parking and a swirnming pool. The proposed project is larger in scope and will occupy a much greater percentage of the site area. lc. The construction of the subterranean parking structure and miscellaneous uses will change the topography of the site. This is considered an Insignificant adverse effect. le, A The proposed project will encroach on currently vacant land surrounding the motel, thus increasing the impermeable surfs m area. This, coupled with the loss of permeable and vegetated surfaces, has the potential for greater surface runoff and erosion of the adjacent Buck Gully. However, as the proposed project adjoins Pacific Coast Highway and the corresponding storm drain system, and with compliance of mitigation measures, the increased runoff is not expected to cause any significant adverse effects. 2b. The use of heavy equipment during construction may create objectionable odors from diesel exhaust, and also increase the amount of dust in the air. However, as the project in short term in nature, and the fact that the prevailing climate, which includes regular sea breezes, will rapidly disperse any concentrated odor. 4a, 4c. The site is adjacent to Buck Gully which consists of a mixture of native, naturalized and planted exotic trees and shrubs. Native lemonade berry, elderberry and toyon or California Christmas berry represent dominant tree - shrub species while acacias, eucalyptus, myopontm, and plantings of a horticultural variety of native wild lilac add to the wild nature of this arcs. �4 With sufficient rain. a small stream flows down Buck Gully. The proposed project will encroach upon the brink of the steep slopes. overlooking the narrow gully. According to the Land Use Element, in order to provide an adequate buffer for the environmentally sensitive areas within Buck Gully, all construction including but not limited to fences, retaining walls, pools of any size or depth ... or caber activities are expressly prohibited within 25 feet of the property lines of all properties adjacent to Buck Gully. In addition, prior to the issuance of a grading permit, the Grading Engineer shall determine that there will be no grading activities, including the alteration of the existing landfxm or removal or deposition of material, within the 25 foot buffer area form the rear property line. It should be noted that the 25 foot buffer Has ends part way up the slope. Therefore midgadon measures will be a Oweod to ensure that construction activities do not adversely affect the bead of the sloe, thus harming the gully and vegetation below. 6a, bb. Construction of the project. with the use of heavy equipment, will produce an increase in focal noise levels and pou%ly expose neighboring residents to high noise levels. Noise from certain heavy equipment may range from 73 to 95 dBA at 54 feet. The noise levels will be short-term in nature and any effects will be minimized through mitigation measures, which will limit hours of construction as specified in the Newport Beach Municipal Code. Persons residing in the proposed project may also be exposed to severe noise levels generated by the traf% on East Coast Highway. This impact will be reduced to a level of in igafficance by mitigation measures requiring sound attenuation and air conditioning of the project. 8. Construction will change both the existing and planned land use of the area 'lire site is currently developed with a motel use. The General Plan land Use Element designates the site for Retail and Service Contmerdal. A General Plan Amendment has been requested, and is being processed as part of the project approval. No adverse environmental effects -are anticipated from the change, due to the close proximity of the site to other existing residential areas. 12. The proposed project will affect existing housing in so far as to offer two affordable housing units. Ibis Is seen as being beneficial since the City places a high priority on projects which offer affordable housing to persons of low and very low incomes. 13b. Construction of the proposed project will generate demand for puking facilities. All parking required for the project wfl] be provided on site in the subterranean parking garage. No adverse effects are anticipated 13f. The project has the potential to generate traffic hazards to motor vehicles, bicyclists or pedestrians at tbs h*ressfegress ramp of the parking structure. The potential impact will be reduced to a level of insignificance by mitigation measures incorporated into the project which require adequate sight distance at the top of the ramp, and review of the ramp design and landscaping by the City Traffic Engineer. 18. Construction of the proposed project will not result in the obstruction of any scenic vista or view open to the pubUc, and is not antkipated to result in the creation of an aesthetically offensive site open to the public. The project proposed is within all applicable height and setback regulations. The project will, however, be subitantiallyt more vhuaf intense than the existing development, and also more intense than any other commercial development which could be implemented under the eoxmtercW land use designation shown in the General Plan for this site. M6 is o xW&red an insignificant advvene effect of the project. �t, 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. The grading plan shalt include a complete plan for temporary and permanent drainage facilities, to minimize impacts from silt, debris and other water pollutants. I The grading permit shall include a description of haul routes, access points to the site, watering and sweeping program designed to minimize the impact of haul operations. 4. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 5. The grading, excavation and reeompaction of the site shall be conducted in accordance with plans prepared by a Civil Engineer and based on the recommendations of a soil engineer or an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the 'Approved as BuIIC grading plans on standard size sheets shall be furnished to the Budding Department. 6. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of the landscaping with the proposed construction schedule. Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan. 7. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning and Public Works Departments. 8. All rooftop and other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line, and that all mechanical equipment shall be screened from view. 9. All units shall be sound attenuated to a maadmum of 45 dBA CNEL for interior living areas and 65 dBA CNEL for exterior living areas associated with individual units, as measured from the area expected to experience the highest sound levels. Measurement and certification of compliance with this condition shall be completed prior to the issuance of the Certificate of Occupancy by a registered engineer practicing in acoustics. 10. All units shall be air conditioned. 11. The design and layout of the puking structure and ramp shall be subject • to the review and approval of the City Traffic Engineer. Ramp design and landscaping on Seaward Avenue &hall be designed to provide adequate sight distance from behind the sidewalk for automobiles exiting the structure. 12. Construction shall conform to the hours of operation set forth In the Newport Beach Municipal Code. Mittgation t enwes 1-5 shall be verified for compliance prior to the issuance of the graditrg permit by the City of Newport Beuh. Measures 6,7 and 11 shall be verified by the City prior to the issuance of any building permits. Measures 6A9 and 10 sha D be verified by the City prior to the issuance of a Certificate of Occupancy. Measure 12 well be monitored by the City budding inspectors. r,. follows: ORDINANCE NO.._.$22-5 AN ORDINANCE OF THE CTTY OF NEWPORT BEACH AMENDING A PORTION OF DITMCTLNG MAP NO. 20 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R-3-B DISTRICT TO THE R-3 (1,900) SPR DISTRICT The City Council of the City of Newport Beach DOES ORDAIN as SECTION 1. The subject property is the following real property in the City of Newport Beach, County of Orange. State of California: Lot 1, Tract 1237, located at 4030 East Coast Highway. on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands. as shown on the attached Exhibit 'A` and hereinafter referred to as 'Property.' Title 20 of the Newport Beach Municipal Code is hereby amended to rezone all of the above described Property from the R-3-B District to the R-3 (1,900) SPR District. SECT ION 2. The Planning Director of the City of Ncwport Beach is hereby instructed and directed to change Districting Map 20, referred to in Section 20.01.050 of the Newport Beach Municipal Code. and by such reference is made a part of Title 20, to reflect said change as described in Section 1 hereof. and shown in the attached Exhibit 'B', and when said Districting Maps have been so amended, the same shall he in fua_W1 force and effect and be a part of Title 20 of the Newport Beach Municipal Code. SECTION 3. The Planning Director of the City of Newport Beach is also hereby instructed and directed to apply all of the provisions of said District to the Property as described herein; the same shall be in full force and effect and be a part of Title 20 of the Newport Beach Municipal Code. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City within fifteen (15) days of its adoption. The Ordinance shall be effective thirty days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of 1989, and was adopted on the day of , 1989, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS ATTEST: Attachments: Exlu'bits `X and "B" PLT/WP50 CC\A682.ORD • 0 eLxhibit A LOT 1, TRACT 1237 palm* I Exhibit B '37 P"jC I1�C z a ,r Qo ill J • u U) .. Z _ Su CL 39 l W , Y r h w ' \ RFSOULMON NO. A RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF NEWPORT BEACH APPROVING AN AMENDMENT TO TEE LAND USE IEF E AENT OF THE NEWPORT BEACH GENERAL PLAN FOR THE KIRKWOOD MOTEL. SITE IN CORONA HIGHLANDS [GENERAL PLAN AMENDMENT 89-1 (C)] as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS. said element of the General Plan sets forth objectives, supporting policies and limitations for development in the City of Newport Beach; and WHEREAS, said element of the General Plan designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including residential land use categories and population projections, commercial floor area limitations, the floor area ratio ordinances; and WHEREAS, the Land Use and Circulation Elements arc correlated as required by California planning law, and WHEREAS, the provisions and policies of the Land Use and Circulation Elements are further implemented by the traffic analysis procedures of the Traffic Phasing Ordinance and the implementation programs of that Ordinance and the Fair Share Traffic Contribution Fee Ordinance; and pursuant to Section 707 of the Charter of the City of Newport Beach, the Planning Commission has held a public hearing to consider a certain amendment to the Land Use Element of the Newport Beach General Plan; and WHEREAS. the proposed project is compatible with the existing land use in the Corona Highlands area of Corona del Mar; and proposed Project; and the circulation system will not be significantly impacted by the the City of Newport Beach prepared a Negative Declaration 1, with supporting Initial Study for the project in compliance with the California Emiron- mental Quality Act (CEQA) and the State CEQA Guidelines; and i WHEREAS, the City Council has reviewed and considered the information contained in the environmental document in snaking its derision on the proposed amendment to the Land Use Element of the Newport Beach General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that an amendment to the General Plan with related provisions and requirements as described below is approved Page 43: KV ,DwlFst This site is located on East Coast Highway at Seaward Road. The site is designated for �- The charts on pages 44, 86 and 87 of the Land Use Element are also amended to reflect the statistical changes which result from the change in land use. ADOIvI'E:D this day of _Scplrmher . 19819. ATTEST: PLT/WP50 WPSO\CC\G PA89- I CRS I 2 MAYOR a; RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 17 TO THE LOCAL COASTAL PROGRAM, LAND USE PLAN WHEREAS, the Coastal Act of 1976 requires the City of Newport Beach to prepare a local coastal program; and WHEREAS, as part of the development and implementation of the Coastal Act, the City established a Local Coastal Program Advisory Committee, which held 29 public meetings to develop the goals, objectives and policies of the City's Local Coastal Program; and WHEREAS, the Planning Commission of the City of Newport Beach considered the Local Coastal Program. Land Use Plan at nine public hearing prior to recommending approval and adoption to the City Council; and the City Council of the City of Newport Beach also held nine public hearings on the Loral Coastal Program, Land Use Plan prior to adoption; and WHEREAS, two public hearings were held by the California Coastal Commission in conjunction with the certification of the Newport Beach Local Coastal Program, Land Use Plan; and WHEREAS, said Land Use Plan sets forth the objectives and supporting policies which serve as a guide for the future development in the coastal zone in the City of Newport Beach; and WHEREAS, the Planning Commission has held a duly noticed public hearing to consider this amendment to the Local Coastal Program, Land Use Plan, and recommended approval of said amendment to the City Council; and the City Council, in considering this amendment to the Local Coastal Program, has determined that this amendment is consistent with all of the stated goals and policies of the California Coastal Act, the City of Newport Beach General Plan, and the City's local Coastal Program. Land Use Plan. NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Newport Beach that all changes necessary to reflect the amendments adopted in 1 General Plan Amendment 89-I(C) be incorporated into the Newport Bcach LAcal Coastal Program, Land Use Plan. ADOPTED this day of Sesaember . 1989. ATTEST: PLT/WP50 WP50\CC\LCP 17,RS 1 2 MAYOR U AY"OF-1 NEWPORT 8 CH c"WL "IdENKItS Motion All Ayes x MI MUTE S Septembur 11. 1989 In response to some concerns raised by Council Member Turner. the Planning, irector stated there have already an a number of site plan reviews: a lied to development projects by the Cit Council for which the site plan revi overlay should be added. In addit . there are currently sites deli ed in the General Plan for site plan re ew which are not so designated on any of or document within the City. Hopefully. y having a site plan review ordinance. ch as the ordinance under consideratio and actually changing the zoning and put ing the overlay on the districting nap the possibility of some of these require nts "falling through the cracks." will of happen. It was also explained tha site plan review provisions currentl do not require a public hearing, altho h they are acted upon and heard at a du noticed public skeeting. Under the pro sed ordinance. there is a requirement th it all property owners within a 300 foot r dius of the proposed site plan review b noticed. Council Member Hart suggested hat the fee for site plan review be ao st in amount, inasmuch as the City wit benefit. Hearing no one wishing to address th Council, the public hearing was close Motion was made to adopt Ordinance :�o. 89-24 amending Title 20 of the Newport Beach Municipal Code zoning District. :. Mayor Strauss opened the public hearing regarding; A. General Plan -Amendment No. 89-1(C) - Request to amend the Land Use Elecwtat of the General plan so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Easily Residential" with a density of one dwelling unit for each 1.900 sq.ft. of buildable lot area; and the acceptance of an environmental document. Volume 43 - rage 358 rPA 89-1(C) (45) • RrY OF N EW PORT MACH COMM MEMAERS MINUTES �. •� 4�0 REGULAR COUNCIL MEETING PLACE: Council Chambers A TINE: 7:30 P.M. DATE: September 11, 1989 1 X : Present Absent Motion All Ayes Motion All Ayes x x x x x x x x x ROLL CALL. B. Reading of Minutes of Meeting of August 8. 1989. was waived. approved as itten. and ordered filed. C. ding in full of all ordinances and lutions under consideration was re ed, and City Clerk was directed to rea by titles only. 1. Mayor rauss opened the public hearing regards proposed ORDINANCE NO. 89-23. being. AN O INANCE OF THE CITY COUNCIL OF THE C OF NEWPORT BEACH AMENDING TITLE OF THE NEWPORT BEACH MJMICIP CODE SO AS TO ESTABLISH A "SIT£ P REVIEW" SPECIAL ZONING DISTRICT Planning Ccmmission Amendment o. 683). was presented fo second reading with report from Plan ng Department. It was noted that der the existing; Zoning Code, site p an review procedures are directed primari y toward review of projects in Specific l.an Areas. However. in recent mo ths, the Planning Co=aission and City Co ncii have required site plan revs w as a condition of approval of a number f projects. As additional sensitive sit are subject to increasing development ressure, it I* likely that site plan r view of additional projects will b warranted. In order to maximize the of ctivoncss of the site plan review pros ss, it is suggested that a "Site Plan R view" overlay district be created f sensitive areas and that site an review procedures be revised to etter address projects outside specifi plat areas. Under the proposed ordi ce, the: Planning Commission or City C ncil would have the ability to apply th overlay district to sensitive areas including slopes, environmentally sensitive areas. or viewsheds. Placement of any property in the over y district would be at the option of the Planning Commission or City Council. Nothing in the ordinance would require that any site be placed in the district. Volume 43 - Page 357 Ord B9-24 7.oning/Site Pln R%w (94) 683 • C%Y OF NEWPORT BACH M1 MUTE 3 � cG �7�r? f �,►a L L GLL September 11. 1989 B. Local Coastal Program Amendment No. 17 - Request to amend the Land Use Plan of the Local Coastal Program so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1.900 sq.ft. of buildable lot area. C. Proposed Ordinance No. 89-25. being. AN ORDINANCE OF THE clTY OF NEWPORT BrAC11 AMENDING A PORTION OF DISTRICTING MAI' NO. 20 So AS TO RECt-ASSIFY SAID PROPERTY FROM THE R-3-8 DISTRICT TO THE R-3 0.900) SPR DISTRICT (Planning Commission Amendment No. 682). D. Site Plan Review No. 50 - Request to permit the construction of an eighteen unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Code so as to permit the installation of a 12 square foot Identification sign at the entrance of the development whereas the Zoning Code limits the size of an identification sign in the R-3 District to 6 square feet. E. Coastal Residential Dev cPmcnt Permit No. 16 - Request to approve a Coastal Residential Ixeveloptaent Permit for the purpose of establishing, project c4)mpliance for an 18 unit residential condominium developwnt pursuant to the Administrative Guidelines for the implementation of the State Inv relative to Low- and Moderate - Income Housing within the Coastal Zone. F. Tentative MAp of Tract -No. 14018 - Request to subdivide an existing lot into a single parcel of land in conjunction with the development of an eighteen unit residential condominium project on the subject property. Volume 43 - Page 359 ,CPA# 17 682 ite Pln wf 50 1e ent MIS r 14028 &Y OF NEWPORT B%CH MINUTES COU WIL NERINLRa L. *N 1ZN September 11, 1969 (Property located at 4030 East G' Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands; zoned R-3-8) Report from the Planning Department. Kent Hawkins, repraar.nting buck Gully Associates, addreatied the Council and advised that they had met with residents in the neighborhood to obtain their input regarding the proposed condominium project, and felt that they have satisfied their concerns. They have lowered the project in height so as to not block any existing views; manncaiaed the required parking of l� parking spaces per unit; and will be ps-oviding two "for sale" low-income units on the site for an affordable period of 20 years at a cost of approxisately $159.000. Mayor Strauss indicated he would like to see the affordable period extended beyond 20 years. to which Mr. Hawkins replied that they had no objection to extending the affordable period. It was noted that the development is subject to in-ieu park fees; and therefore, would be required to pal approximately $6.000 per dwelling unit, including the affordable units. The projected sale price for the units. other than the two affordable units. is between $400.000 and 5500.000. €olloving discussion, and hearing no others wishing to address the Councile the public hearing was closed. Council Member Sansone complimented the developer on his efforts in obtaining and satisfying the concerns of the coeam+unity regarding this project. He stated. however, there still are some concerns pertaining to mass and density in the immediate area of the proposed development access to Pacific Coast Highway (PCH) at Seaward Avenue northerly. and the U-turn which is permitted eastbound off of PCH at Seaward Avenue. Council Member Sansone also pointed out that at the same time this project is underway, three other projects will be taking place on PCH at this particular Volume 43 - Page 360 PA 89-1(C) 0 . A Motion COtJ1rlCIC MEUM x k-Y'OF-- NEWPORT _81kCH \+ T- September 11. 1989 location. i.e.. Emerald Associates Development directly across the street from the subject property, the sever line to downcoast, and the Laguna Beach water line. Therefore, he requested the staff take whatever steps are necessary to coordinate these projects in order that the traffic on PCH be impacted as little as possible. MIMM3 Following additional eommeate: by Council Member Sansone, motion was made: to: A. Sustain the action of the Planning Commission and 1. Adopt Resolution No. 89-103. adopting General Plan Amendment No. 89-1(C). and accepting the environmental document; and 2. Adopt Resolution No. 89-104. adopting Local Coastal Program Amendment No. 17; and 3. Adopt Ordinance No. 89-25, being. AN ORDINANCE OF THE CITY OF NEWPORT BEACH A4EN'DING A PORTION OF DISTRICTING HAP NO. 20 Sig AS TO RECLASSIFY SAID iRorERT'1 FROM THE R-3-b DISTRICT TO THE R-3 (i.QOO) SPR DISTRICT (Planning Commission Amendment No. 682); and 4. Approve Site Plan review No. 50. (with the deletion of the installation of a 12 sq. ft. identification sign at the entrance of the development); approve Coastal Residential Development Permit No. 16 and Tentative Hap of Tract No. 14028, subject to the findings and conditions established by the Planning Commission. Also Included in they above motion. are: the iollowing ttiv addeJ conditions: Volume 43 - Page 361 Gf A 89-1(C) Res 89-103 Res 89-104 _. . RrY OF NEWPORT 89CH MINUTES ROLL September 11. 1989 Ayes Abstain x 1 X 1 x IX Ix Ix 5. That no construction vehicles operating from the subject project be permitted to turn left onto Seaward Avenue to access the Morning Canyon traffic light; and 6. That no construction take place on Saturdays. Sundays. or City -observed holidays; however. the developer is permitted to clean the site on Saturdays, providing no powered machinery is used. f MAYOR PRO TEM PLUM!'iM ENMERED THE MEETING AT THIS TIME (8:15 P.M.) AND TOOK HER SF_1T. Mayor Strauss requested that Council Mctaber Sansone amend the trot ion to extend the affordability period fro= 20 to 35 years, to which there were no objections. Council Member Turner commented that he did not want to see the 35-year affordability period become the new "benchmark" for the City as a result of this action. The motion, as amended. Was voted on and carried. 3. Mayor Strauss opened public hearing and City Council review of USE, PERMIT NO. 1677 (Amended) and VARIANCE. No. 110o - Request of the Stuft Noodle hextaur.snt. Newport Beach, for consideration of adding or modifying Conditions of Approval of said applications. approved by the Planning Commission at its meeting on August 10. 1989. Property located at 215-217 Riverside Avenue, on the northwesterly corner of Riverside Avenue and Avon Street; zoned SP-5. Report from the Planning Department. The City Clerk advised that after the agenda was printed. approximately 22 letters were received in support of the Stuft Noodle remaining open during the lunchtime hour. Volume 43 - Page 362 IGPA 89-l(C) U/P 1677(A), Var 1106 l88) FINAL FINDINGS AND CONDITIONS APPROVED BY CITY COUNCIL ON SEPTEMBER 11, 1989 FOR GENERAL PLAN AMENDMENT NO. 89-1, LOCAL COASTAL PROGRAM AMENDMENT NO. 17. ORDINANCE NO. 89-25 (AMENDMENT NO, 682) SITE PLAN REVIEW NO. 50, COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO, 16 TENTATIVE MAP OF TRACT NO. 14028 s :f u Im" Iral q pigletsu Findings: 1. That an Initial Study has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City policy. 2. That based upon the information contained in the Initial Study, the project is not anticipated to have a significant effect on the environment. A Negative Declaration has, therefore, been prepared. 3. That the information contained in the environmental document has been considered in the decision on the project. Mitigation Measures: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minlmize impacts from silt, debris and other water pollutants. 3. The grading permit shall include a description of haul routes, access points to the site, watering and sweeping program designed to minimize the impact of haul operations. 4. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 5. The grading. excavation and recompacdon of the site strati be conducted in accordance with plans prepared by a Civil Engineer and based on the recommendations of a soil engineer or an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the FINAL FINDINGS AND CONDITIONS PAGE 2. site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 6. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of the landscaping with the proposed construction schedule. Prior to the occupancy of any structure, the licensed Iandscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan. 7. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning and Public Works Departments. 8. All rooftop and other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line, and that all mechanical equipment shall be screened from view. 9. All units shall be sound attenuated to a maximum of 45 dBA CNEL for interior living areas and 65 dBA CNEL for exterior living areas associated with individual units, as measured from the area expected to experience the highest sound levels. Measurement and certification of compliance with this condition shall be completed prior to the issuance of the Certificate of Occupancy by a registered engineer practicing in acoustics. 10. All units shall be air conditioned. 11. The design and layout of the parking structure and ramp shall be subject to the review and approval of the City Traffic Engineer. Ramp design and landscaping on Seaward Avenue shall be designed to provide adequate sight distance from behind the sidewalk for automobiles exiting the structure. 12. Construction shall conform to the hours of operation set forth in the Newport Beach Municipal Code. GENERAL PLAN AMENDMENT 89-UM Adopt Resolution No. 1195, recommending approval of General Plan Amendment 89-1(C) to the City Council. Adopt Resolution No. 11%, recommending approval of Local Coastal Program Amendment No. 17 to the City Council. FINAL FINDINGS AND CONDITIONS PAGE 3. Q, AMENDMENT NO. 682. Recommend approval of Amendment No. 682 to the City Council, an amendment to Districting Map No. 20 rezoning the Site from R-3-B to R-3 (1900) - SPR and to establish a 15 foot front yard setback on East Coast Highway and Seaward Road, with the following findings: 1. That the amendment is necessary to implement the provisions of the Newport Beach General Plan. 2. That the proposed project cannot be implemented without the proposed amendment. mooff M / . • Findings: 1. That the project is consistent with the General Plan and the adopted Loral Coastal Program, Land Use Plan. 2. Adequate off-street parking is being provided in conjunction with the proposed development. 3. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located, except those items requested in conjunction with the proposed modifications. 4. The proposed development is a high -quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area 5. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City-wide importance. 6. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 7. The proposed use of tandem spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the FINAL FINDINGS AND CONDITIONS PAGE 4. proposed modification for the project identification sign is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as may be noted below. 2. That a minimum of two parking spaces for each dwelling unit plus one- half guest parking space for each dwelling unit be provided on -site. 3. That landcm parking spaces be assigned to specific dwelling units. 4. That guest parking spaces be independently accessible and be identified as guest parking. 5. That all parking areas shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. 6. Parking areas shall have a maximum 5% slope. 7. That the final design of on -site parking, vehicular circulation and pedestrian circulation shall be reviewed and approved by the City Traffic Engineer. 8. That all mechanical equipment and trash areas shall be screened from adjoining properties. 9. That the applicant shall prepare a landscape plan which identifies the size, type and location of all plant material and the design and location of a permanent irrigation system. Said landscape plan shall be subject to the review and approval of the Parks, Beaches and Recreation Department, Public Works Department and the Planning Department. 10. That the site plan is subject to the further review and approval of the Newport Beach Fire Department In order to assure provision of adequate fire flow and emergency access. Automatic sprinklers and hose cabinets are recommended and may be required 11. That all conditions of Tentative Map of Tract No. 14028 shall be fulfilled. 12. That a siltation, dust, and debris control plan shall be submitted and be subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa fi FINAL FINDINGS AND CONDITIONS PAGE 5. Ana Region. This shall be a complete plan for temporary and permanent facilities to minimize any potential impacts from silt, debris, and other water pollutants. 13. 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. 14. This site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 ] of the Newport Beach Municipal Code. 15. That a Coastal Development Permit be issued prior to the issuance of a building permit. 16. That no fences, retaining walls, pools of any size or depth, or tennis other activity areas be constructed in the 25 foot Buck Gully property line setback. 17, That all signs shall meet the requirements of the Sign Code. That the project identification signs shall not exceed 6 square feet in area. 18. That no construction vehicles operating from the subject project be permitted to turn left onto Seaward Avenue to access the Morning Canyon traffic light. 19. That no construction take place on Saturdays, Sunday%, or City -observed holidays; however, the developer is permitted to clean the site on Saturdays, providing no powered machinery is used. Finding: 1. That the proposed development has met the requirements of City Council Policy P-1. Conditions: 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, the form and content of which Is acceptable to the City Attorney and the Planning Director. which FINAL FINDINGS AND CONDITIONS PAGE 6. guarantees the provision of two affordable dwelling units on site. The affordable housing agreement shall be recorded as deed restriction against the property. 2. The affordable units provided shall be affordable to moderate income families if the units are for sale or to low income families at fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. 3. The term of affordability shall be thirty-five years. MWEV- 1 w:u : • �:: •1 • 1 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 design of the subdivision. 2. That the proposed subdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed 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 the developed per Section 19.08.020 of the Newport Beach Municipal Code and Section 66415 of the Subdivision Map Act. 5. That sidewalk constructed along the Seaward Road frontage and construction of ramps for the handicapped will improve pedestrian safety. Conditions: I. That a final map be recorded prior to issuance of building permits. That the final map be prepared using the State Plane Coordinate System as a basis of bearing. FINAL FINDINGS AND CONDITIONS PAGE 7. 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 providcd in order to guarantee satisfactory completion of the public improve ntctits, if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the intersection of Seaward Road and the driveway be designed to provide sight distance for a speed of 25 miles per hour in conformance with City Std. 110-L Slopes, landscape walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line Shall not exceed twenty-four inches in height. 6. That County Sanitation District fees be paid prior to the issuance of any building permits. 7. That all vehicular rights to East Coast Highway be released and relinquished to the City of Newport Beach. 8. That sidewalk be constructed along the Seaward Road frontage; that a curb access ramp be constructed at the corner of East Coast Highway and Seaward Road; That unused drive aprons be removed and replaced with curb, gutter and sidewalk along the Seaward Road frontage and the deteriorated sidewalk be reconstructed along the East Coast Highway frontage. All work within East Coast Highway shall be completed under an encroachment permit issued by the California Department of Transportation. 9. That street, drainage and utility improvements be shown on standard Improvement plans prepared by a licensed civil engineer. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording 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. FINAL FINDINGS AND CONDITIONS PAGE 8. 11. That the proposed structure not be built over the existing storm drain line located on the westerly portion of the property. The storm drain line must either be relocated in order to provide future maintenance of the storm drain or the proposed structure must be placed on piles a minimum of 10 feet clear of the storm drain line to provide for future maintenance of the storm drain without endangering the proposed structure. If the storm drain is relocated the old casement must be abandoned and a new one dedicated as required. Caltrans approval is required for any encroachments into the storm drain easement. 12. That the Public Works Department plan check and inspection fee be paid. 13. That the Edison transformer serving the site be located outside the sight distance planes as described in City Std. 110-L. 14. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall occur within the State right-of-way. Prior to issuance of any grading permits, a parking plan for workers must be submitted and approved by the Public Works Department. • A��� :' !' per` ,q��i��S' TA ! CT Vol .r IN THE CITY'. OF, 91Tr CK9 COUNTY OF ORANGE' z �.. E OF,AL ]Aa� =xxr f:b..• w` J044f. �y 040; /Alf ;. 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