HomeMy WebLinkAboutCDP_018OOaSTAL RESIDENTIAL DEVELOP
. COLNCTL POLICY P-1 H
CM or NI3MRT BEAM _ iSatiionF � b 1
PLhVXM DEPAATNEW ? ...
CU300M PLANbiING DIVISION "
3300 llevport Boulevard
Newport beach, CA 92663 '+J
(714) 640-2218 or 640-2219
Awlieant (Print) N/R KARINA PARTNERS phone (714) 675-9844
hailing Address 2800 LAFAYETYE AVENUE, NEWPORT BEACH, CA 92663
Property Owner N/R MARINA PARTNERS _ Phone (714) 675-9844
Mailing Address 2800 LAFAYETTE AVENUE. NEWPORT BEACH, CA 92663
Address of Property Involved 2602, 2616, 2618, 2620, d 2622 NEWPORT BLVD., NEWPORT BEACH, CA
Legal description of Property Involved (if too long, attach separate sheet)
SEE ATTACHED EXHIBIT "A•' -
Description of the Proposed Project THIS IS A PROPOSED MIXED USE PROJECT CONSISTING OF TWO
(2) -- THREE (3) STORY BUILDINGS. THE GROUND FLOORS WILL BE FOR COMMERCIAL USE AND THE
Y" BE FOR RESIDENTIAL USE.
number of Units 36 YE.SIDM1TIAL UNITS
•ffffRr�Rrf�ffeffffRfRRfRRRRRRRRf•rrrrrr�rrfrwwwrrrrrtwrwwrwwrrrwfrwwrwrwrrwrrrwrrrrrrwwwwww
Please attach a statement indicating the proposed selling price of the units, the
anticipated cast of developing the proposed project and any other information that could
affect ,the feasibility of providing low/moderato income units in conjunction with the
proposed project.
•*RRRRRfwRfRfR#rRR#rrRr�rRfrrrrrr�rf#rrrrrr:rrrwrrrwrwrrwrrrrrrrwrwrwr.ww.w.wwww.■wrrwwwwrww
M We) N!R Marina Partners depose and say
that (I an) (we are) the owner(s) of the property(iss) involved in this application. (I)
(lie) further certify, under penalty of perjury, that the foregoing statements and answers
bsrein contained and the informtion herewith submitted are in all respects true and correct
to the best of (my) (our) knowledge and belief. n _,, .A r
Sigmture (s)
Pd1fl T. Newcomb, President, Newcorb
• oartner f N/R Marina Partners
ti0?Le An agent spy sign for the owner if written authorization from t-.e reccrd owner is
filed with the applicant.
Date Filed & n't 1
Planning Director Action
DO NOT COMPLETE APPLICATION BELOW THIS LINE
Pee Pd. T �' T 0 Q Receipt No.
Date Appeal
P.C. hearing, /eo,' -- -S -, 0 : - --
Date
C.C. Nearing, /l' -c --r
P.C. Action•-
Appeal i
C.C. Action
Inc.
Date
11L:.t4 -
4
��1♦ u 1 II 1.'I",'11� tiC*0.00 TCTL
FINAL
FINDINGS AND CONDITIONS FOR APPROVAL
ENVIRONMENTAL IMPACT REPORT NO. 144
SITE PLAN REVIEW NO. 52
USE PERMIT NO. 3361
TRAFFIC STUDY NO. 59
TENTATIVE MAP OF TRACT NO. 14025
COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO, IN
1. That an Environmental Impact Report has been prepared for the project in
compliance with the California Environmental Quality Act (CI?QA), the State
CEQA guidelines and City Policy.
2. That all potential significant environmental effects which could result from the
project have been identified and analyzed in the EIR.
3. That based upon the information contained in the Environmental Impact Report,
mitigation measures have been identified and incorporated into the project to
reduce potentially significant environmental effects to a level of Insignificance in
all areas except short term noise impacts. Further, that the economic and social
benefits to the community override the remaining significant environmental effect
anticipated as a result of the project.
4. That the information contained in the Environmental Impact Report has been
considered in the various decisions made relative to this project.
Mitigation Measures:
1. Development of the site shall be subject to a grading permit approved by the
Building and Planning Departments.
2. The grading permit shall include a description of haul routes, access points to the
site, and a watering program designed to minimize the impacts of haul operations.
3. An erosion, siltation and dust control plan shall be submitted and be subject to
the approval of the Building Department prior to the Issuance of the grading
permit. A copy of the plan shall be forwarded to the California Regional Water
Quality Control Board, Santa Ana Region.
4. Grading shall be conducted in accordance with plans prepared by a civil engineer
incorporating the recommendations of a soil engineer and an engineering geologist
subsequent to the completion of a comprehensive soil and geologic investigation
of the site. Permanent reproducible copies of the 'Approved as Built" grading
plans shall be furnished to the Building Department prior to the issuar= of
building permits.
5. Recommendations included in the 1989 South Coast Geologic Services,
GeotechnicaI Report and the subsequent study required in mitigation measure
no. b shall be incorporated into project design where appropriate. The Building
Department shall verify the application of the appropriate recommendations prior
to the issuance of grading permits.
6. A supplemental subsurface investigation shall be performed subsequent to
demolition of the existing buildings to obtain subsurface data in those arcm
inaccessible during previous studies.
7. The groundwater level shall be lowered to a depth at least five feet beneath the
excavation bottom. The dewatering system shall be designed and performed by
qualified engineers with previous experience in this type of construction. Selection
of the engineer shall be approved by the City Engineer prior to the issuance of
grading permits.
8. The upper ten feet of soil material shall be removed. Remaining soil to a
distance at least five feet below and beyond the proposed structure shall be
densified as described in the Geotechnical Report as verified or amended by
subsequent subsurface investigation.
9. A detailed preconstruction survey shall be prepared to document the present
condition of all building and facilities within the zone of influence of the
dewatered investigation. Photographs, crack surveys, and installation of a reference
benchmark beyond the zone of influence shall be included in the preconstruction
survey. Areas within at least 30 feet of the proposed excavation shall be
monitored for any settlement and lateral movements due to possible deflection of
the shoring system. Groundwater observation wells within the zone of influence
shall be installed. The specific parameters of the study shall be provided to the
City Engineer for review prior to issuance of the grading permit.
10. If found necessary by the City of Newport Beach, based upon the geotechnical
information described above, the project applicant will be required to enter into
an agreement and post a bond guaranteeing the repair of the public street system,
utilities or other public property that might be damaged during the dewatering
excavation process and the construction of subterranean improvements.
11. If found necessary by the City of Newport Beach, based upon the geotechnical
information described above, the project applicant will be required to enter into
an agreement and provide a policy of insurance guaranteeing the repair of all
damage to private property caused by the dewatering excavation process and the
construction of subterranean improvements.
12. Prior to the issuance of grading permits, a National Pollution Discharge
Elimination System (NPDES) Permit shall be obtained from the Santa Ana
Regional Water Quality Control Board Water extracted from dewatering wells
shall meet current Environmental Protection Agency requirements prior to
discharging into the day. If necessary, the water shall be desilted prior to
discharge.
13. Light construction equipment shall be used for earthwork operations. No heavy
equipment shall be used.
14. Existing on -site drainage facilities shall be improved to the satisfaction of the City
of Newport Beach City Engineer. A hydrology and hydraulic study and a master
plan of water, sewer, and storm drain for on -site improvements shall be prepared
by the applicant and approved by the Public Works Department prior to recording
the tract map. Any modifications to the existing storm drain system shall be the
responsibility of the developer.
15. A landscape plan, prepared by a licensed landscape architect, shall be submitted
which includes a maintenance program that controls the use of fertilizers and
pesticides. The plan shall be reviewed by the Parks, Beaches and Recreation
Department and approved by the Planning and Public Works Departments. Prior
to the issuance of an occupancy permit, a licensed landscape architect shall certify
to the Planning Department that the landscaping has been installed in accordance
with the approved plan.
lh. Landscaped areas shall be irrigated with a system designed to avoid surface run-
off and aver -watering.
17. Treatment of extracted water shall be conducted in a manner and at a location
approved by the City of Newport Beach City Engineer and the Santa Ana
Regional Water Quality Control Board.
18. Suspended solids (e.g. sand) shall be separated from extracted water in accordance
with applicable water quality standards and disposed of at a location approved by
the Public Works Department and the Grading Engineer.
19. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to
comply with water quality standards and to control odors from the dewatering
process.
20. Drainage facilities and architectural features shall be designed to prevent runoff
from entering the garage structure, keep the garage floor slab dry from seepage,
and remove oil and grease from runoff prior to discharge into the public storm
drains. Verification of these design features shall be made by the City Engineer
prior to the issuance of building permits.
21. Six (6) inches shall be added to the bulkhead cap to bring it to an elevation of
nine feet above mean low water as required by the Cannery Village/McFadden
Square Specific Plan.
22. Prior to demolition of existing structures, a complete plan for litter and debris
control for the demolition, grading, and construction phases to ensure that no
debris is permitted to enter Newport Harbor shall be approved by the Planning
and Marine Departments.
23. If the applicant intends to use an ocean disposal site for excavated materials, the
City of Newport Beach Public Works Department shall be provided with evidence
that all appropriate permits from the Army Corps of Engineers and the City of
Newport Beach have been obtained. Such evidence shall be submitted to and
verified by the Public Works Department prior to the issuance of a grading permit.
24, Development shall be in substantial conformance with the approved site plan, floor
plans and elevations.
25. All mechanical equipment and trash areas shall be screened from public streets,
alleys and adjoining properties.
26. Signage and exterior lighting shall be approved by the Planning and Public Works
Departments.
27, Street signs, tables, benches, planters, and other similar features on -site or adjacent
to the project site shall be designed with a common theme compatible with the
overall architectural style of the project. The design shall be approved by the
Planning, Public Works, and Parks, Beaches and Recreation Departments prior to
the issuance of an occupancy permit.
28. Existing overhead utilities on the project side of Newport Boulevard, 26th Street
and 28th Street shall be put underground to the satisfaction of the Public Works
Department.
29. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share
Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic
and circulation improvements.
30. Traffic control and transportation of equipment and materials shall be conducted
in accordance with state and local requirements. A traffic control plan shall be
reviewed and approved by the Public Works Department prior to the issuance
of demolition, grading or building permits,
31. No construction storage or delivery of materials shall be allowed within the
Newport Boulevard right-of-way.
32. Prior to the issuance of grading permits, a parking plan showing how workers will
be able to park without using on -street parking must be submitted and approved
by the Public Works Department.
33. No earthwork hauling operations, major concrete placement and other construction
operations requiring more that 32 trips per day or 4 trips per hour by trucks with
more than three axles may be scheduled to occur between June 1 and
September 15, and one week before or after Easter. unless otherwise approved by
the Public Works Department,
34. Construction staging, materials storage, and worker parking shall be provided on
the adjacent site owned by the applicant which is located on the northwest corner
of 28th Street and Newport Boulevard.
35. Construction activities will be conducted in accordance with the Newport Beach
Municipal Code, which limits the hours of construction and excavation work to
7:00 a.m. to 6:30 p.m. on weekdays, 8:00 a.m, to 6:00 p.m. on Saturdays and
10:00 a.m. to 6:00 p.m. on Sundays and holidays.
36. The applicant shall apply for a waiver of City noise abatement regulations to allow
for dewatering and pouring of the basement slab. The continuous concrete pour
shall be scheduled on a non -summer weekend outside of the peals traffic period.
37. Any mechanical equipment and emergency power generator shall be screened from
view, and noise associated with said facilities shall be sound attenuated so as not
to exceed 55 dBA at the property lines. The latter shall be based upon the
recommendations of a registered engineer practicing in acoustics and approved by
the Building Department.
38. At the time the City removes the requested waiver of City noise abatement
regulation to allow for dewatering and pouring of the basement slab, the City
Engineer shall determine if it is necessary to require barriers or baffles to reduce
noise from construction equipment so as not to exceed 55 dBA at the property
lines. if required, the developer shall install such measures prior to beginning any
activities for which a waiver was not granted.
39. All exterior living areas (e.g. balconies and patios) which lie within the 65 CNEL
contour shall be constructed with 6 foot high noise barriers. The noise barriers
shall be continuous (no openings or gaps) and have a minimum density of 3.5
pounds per square foot. The walls may be stud walls with cement plaster exterior,
y-6 inch plate glass, 5/8 inch plexiglass, any masonry material, or any combination
of these materials. Wood and other materials may be used if specifically designed
as noise barriers.
40. All units exposed to exterior noise levels higher than 65 CNEL shall be
constructed to achieve interior noise levels no greater than 45 CNEL Prior to
issuance of a building permit, a registered engineer practicing in acoustics shall
review final architectural plans to determine what building upgrades will be
necessary to achieve this standard. The Building Department shall require that
such upgrades be incorporated into the plans prior to the issuance of the building
permit.
Most likely the only building upgrade that will be required is higher rate windows
such as 3/16 inch single pane glass for all windows that are exposed to Newport
Boulevard.
41. All units that have a window exposed to Newport Boulevard shall be required to
install mechanical ventilation. Air conditioning is an acceptable substitute for
mechanical ventilation as long as it meets Uniform Building Code requirements.
42. Prior to the issuance of the occupancy permit, the Building Department shall
require that an acoustical analysis be conducted by a registered engineer practicing
in acoustics (at the devclopeds expense). This analysis shall determine if all noise
mitigation has been installed as required and that noise levels will meet City
standards. The noise measurements shall be taken at that point in the worst curie
unit where the highest noise levels are expected. If different noise attenuation
methods are used for different units, then a worst case unit for each method Aliull
be tested.
43. Pouring of the basement slab shall be scheduled to encompass only one nighttlme
period. The schedule for any continuous concrete pour shall be reviewed and
approved by the City Engineer.
44. Electric pump motors shall be required for dewatering equipment to reduce noise
levels.
45. A dust control program in compliance with South Coast Air Quality Management
District Rule 403 shall be implemented during demolition, excavation and
construction. This program shall include such measures as: containing soil on -
site until it is hauled away, periodic watering of stockpile soil, anti regular vacuum
sweeping of streets used for the haul operation to remove accumulated material.
46. A fan -assisted ventilation system shall be installed in the venting system for the
subterranean garage for use in peals periods when natural ventilation is not
sufficient.
47. All residential units and commercial/office uses shall be provided with central air
conditioning.
48. Prior to the issuance of building permits, the Fire Department shall review the
proposed plans to determine the adequacy of emergency access. The Department
may require indoor fire protection features, such as overhead fire sprinklers, if it
determines that such measures are necessary to provide adequate fire protection.
49, Fire Department access shall be approved by the Fire Department prior to the
issuance of building permits.
50. Final design of the project shall provide for the Incorporation of water -saving
devices for project lavatories and other water -using devices. This shall be verified
by the Building Department prior to issuance of occupancy permits.
51. Prior to issuance of building or grading permits, a master plan of water and sewer
facilities shall be prepared for the site. The applicant shall verify the adequacy
of existing water and sewer facilities and construct any modification of facilities
necessary for the project. IMe master plan shall include provision for the
relocation of existing water and sewer facilities.
52. A bus turnout shall be incorporated into the project design to provide facilities at
the existing bus stop on Newport Boulevard south of 28th Street. The area
adjacent to the turnout shall include a paved waiting area with a bus shelter or
bench. Design of the turnout and amenities shall be approved by the Planning
and Public Works Departments prior to the issuance of building permits.
53. A paved, lighted, and handicapped accessible pedestrian accessway shall be
provided from the project to the bus stop.
Site -Plan RevigN No. 52,
�'J�11deng3:
1. That the proposed site plan gives due regard to the aesthetic qualities of the
harbor.
2. That the site does not contain any unique landforms such as coastal bluffs.
3. That the development is compatible with the character of the neighborhood and
will contribute to the orderly and harmonious development of surrounding
properties and the City.
4. The development is sited and designed to maximize public views through the site,
S. That there are no environmentally sensitive areas on -site.
6. The property does not contain any areas of unique geologic hazards.
7. Residential development shall meet City noise standards.
8. The site plan and layout of buildings, parking areas and pedestrian and vehicular
access are functional in that there will be a minimum of commercial/residential
conflicts.
9. The development is consistent with the General Plan, the Loral Coastal Program,
Land Use Plan and the Cannery Village/McFadden Square Specific Area Plan.
10. Mechanical equipment and trash enclosures are concealed from view.
11. That there are no archeological of historical resources on -site.
12. That the site is not adjacent to any residential district.
ConditioDs:
1. That the proposed development shall be in substantial compliance with the
approved plot plan, floor plans and elevations, except as noted below.
2. That all mitigation measures, and conditions of approval for Use Permit No 3361,
Tentative Map of Tract No, 14025 and Coastal Residential Development Permit
No. 18 be fulfilled.
3. That one parking space be provided for each 250 sq.ft. of commercial or office
development, .75 parking space be provided for each boat slip, and 2'h parking
spaces be provided for each dwelling unit.
4. The access to the subterranean parking shall be a minimum of 26 feet clear width.
5. That upland use must accommodate needs of the marina as required by City
Council Harbor Permit policies, specifically those which deal with parking, safety
and sanitation.
b. The surface lot shall be redesigned to provide turn around area for all spaces
within the lot.
7. The driveway shall conform to Std 110-L for sight distance.
8. On -site parking and access for pedestrians and vehicles shall be subject to further
review and approval of the City Traffic Engineer.
9. A 10 foot area of the drive with a slope not to exceed 2% shall be provided at
the back of sidewalk.
10. A plan to accommodate delivery vehicles shall be reviewed and approved by the
City Traffic Engineer.
11. This application shall not be deemed approved until the effective date of
Amendment No. 689.
C. Use Eermit No. 3361.
Eindingx
1. That the development provides for both public physical and visual access to the
bay.
2. That the increased height results in more public visual open space and views that
would result from compliance with the basic height limit, since the project design
includes an open space plaza which is a minimum of 100 feet wide from Newport
Boulevard to the Bay, and approximately 55%a of the site is used for open space.
3. The increased building height results in a more desirable architectural treatment
of the building and a stronger and more appealing visual character of the area
within the general theme of a marine environment since the open space plaza
integrates the project with the visual amenity of Newport Bay, and the variation
of the facade minimizes the visual impact of the structures.
4. The increased building height does not result in undesirable or abrupt scale
relationships between the structure and existing developments or public spaces.
5. The increased height does not result in floor area exceeding that otherwise
permitted.
6. That incentive uses are provided by the development which allow the
establishment of general office and commercial uses.
7. That the proposed commercial space constitutes a significant portion of the
development.
S. That the proposed commercial development is large enough to accommodate
viable business.
9. The approval of Use Permit No. 3361 will not, under the circumstances of this
rase, be detrimental to the health, safety, peace, morals, comfort, and general
welfare of persons residing and working in the neighborhood or be detrimental or
injurious to property and improvements in the neighborhood or the general welfare
of the City.
1. "That the proposed development shall be in substantial compliance with the
approved plot plan, floor plans and elevations.
2. That the characteristics of the open space plaza be maintained, including the 120
foot dimension on Newport Boulevard, the minimum 100 foot clear width at
ground level, and the minimum 50 foot clear width at the second and third levels.
3. That any fences or protective rails required for parking structure stairwells within
the open space plaza be visually open.
4. That the building shall be no higher than 35 feet, subject to the provisions of the
Cannery Village/McFadden Square Specific Plan in regards to the ground floor
elevation and in accordance with the definitions contained in Section 20.87.205
of the Newport Beach Municipal Code.
5. That incentive uses shall be provided if general commercial or office uses are
provided on site. The split between incentive uses and uses which can be
developed only upon the provision of incentive uses is 40% incentive use and 60%
use which requires incentive. Prior to the issuance of any grading or building
permits for the project, the applicant shall record a covenant, the form and
content of which is acceptable to the City Attorney, agreeing to the provision of
required incentive uses.
6. Should the final design of the project result in the loss of on -site parking, the
commercial component of the project may be reduced, but may not be less than
20,000 sq.ft.
7. That the Planning Commission may add to or modify conditions of approval to this
Use Permit or recommend to the City Council the revocation of this Use Permit,
upon a determination that the operation which is the subject of this Use Permit,
causes injury, or is detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
8. That this Use Permit shall expire unless exercised within 24 months from the date
of approval as specified in Section 20.80.090A of the Newport Reach Municipal
Code.
9. That a Coastal Development Permit be issued prior to the issuance of a building
permit.
10. This application shall not be deemed approved until the effective date of
Amendment No. 689.
11. That commercial charter boat operations be prohibited on the project site.
12. That the parking provided for commercial and marina land uses be available at
no charge for employees and customers.
13. The property owner shall provide on -site receptacles that will permit residents to
recycle aluminum, glass, and newspaper, and arrange for pickup of recyclables on
a timely basis.
D TraMc-Study. No. 59,
Fines
1. 'That a Traffic Study has been prepared which analyzes the impact of the proposed
project on the morning and afternoon peak hour traffic and circulation system in
accordance with Chapter 15.40 of the Newport Beach Municipal Code and City
Council Policy S-1.
2. That the traffic study indicates that the project will neither cause nor make worse
an unsatisfactory level of service on any major, primary -modified, or primary street.
E. Tentative Map of Tract No. 14025,
Findingsv
1. That the design of the subdivision improvements will not conflict with any
easements acquired by the public at large for access through or use of property
within the proposed subdivision.
2. That public improvements may be required of a developer per Section 19.08.020
of the Municipal Code and Section 66415 of the Subdivision Map Act.
3. That Section 13.05,010 of the Newport Beach Municipal Code requires that public
improvements be completed In commercial areas prior to the Issuance of building
permits for a new structure.
4. That the traffic congestion during the summer months (.tune 1 through September
15) and during Faster Vacation (one week before and one week after Easter) is
significant and any major truck haul operation during this time would further
congest the traffic to an unacceptable level.
5. That this area has significant pedestrian traffic and sidewalks need to remain open
during construction operations.
6. That the development is on a bus route and that it should encourage bus use by
providing convenient access to a bus stop for its residents and patrons.
7. 'mat the proposed project is consistent with the Newport Beach C',eneral Plan and
the Local Coastal Program, Land Use Plan.
8. That the map meets the requirements of Title 19 of the Newport Beach Municipal
Code, all ordinances of the City, all applicable general or specific plans and the
Planning Commission is satisfied with the design of the subdivision,
9. That the proposed subdivision presents no problems from a planning standpoint.
1. That a final map be recorded I'liat the final map be prepared so that the
bearings relate to the State Plane Coordinate System and that elevations of all lots
be shown along with the bench mark datum.
2. That all improvements be constructed as required by Ordinance and the Public
Works Department.
3. That a standard subdivision agreement and accompanying surety be provided in
order to guarantee satisfactory completion of the public improvements if it is
desired to record a tract map or obtain a building permit prior to completion of
the public improvements.
4. That each floor of each building of the subject development shall be served with
separated sewer laterals unless otherwise approved by the Public Works
Department. The commercial and residential portions of the development shall
be served with separated sewer laterals and water services.
5. That the on -site parking (both subterranean and surface parking), vehicular
circulation and pedestrian circulation systems be subject to further review by the
Traffic Engineer. That the parking structure have a minimum entrance elevation
of 9.00 MLLW (6.27 MSL) at all entrances to prevent flooding from high tides.
6. That the intersection of the private drives and streets be designed to provide sight
distance for a speed of 35 miles per hour. Slopes, landscape, walls, structures and
other obstruction shall be considered in the sight distance requirements.
Landscaping within the sight line shall not exceed twenty-four inches in height.
The sight distance requirement may be modified at non -critical locations, subject
to approval of the Traffic Engineer.
7. That a 20 foot radius corner cutoff at the corner of 28th Street and Newport
Boulevard and 15 foot radius corner cutoffs at the corner of Newport Boulevard
and 26th Street and at the corner of 28th Street and Lafayette Avenue be
dedicated to the public.
H. That curb, gutter and full width sidewalk be reconstructed along the Newport
Boulevard frontage; that any deteriorated sidewalk or curb and gutter that does
not drain be reconstructed along the 26th Street frontage; that the curb returns
at the intersection of 26th Street & Newport Boulevard and the intersection of
28th Street & Lafayette Avenue be reconstructed to a 20 foot radius including
curb access ramps per City Standard 181.1, the power pole and catch basin on the
corner of Newport Boulevard and 26th Street will require relocation; that the
unused drive aprons be removed and replaced with curb, gutter and sidewalk along
the 28th Street, Newport Boulevard and 26th Street frontages; that the depressed
section of sidewalk on 28th Street adjacent to the bulkhead be reconstructed; that
new street lights be constructed per current city standards :Tong the 28th Street,
26th Street, Newport Boulevard and bay frontages; that the existing 16 inch water
main crossing the property be reconstructed in the adjacent streets to the
satisfaction of the Utilities Department prior to issuance to any grading permits;
that the existing sewer running through the subject property be abandoned and
removed or filled with slurry; and that all street, drainage and utility improvements
be shown on standard improvement plans prepared by a licensed civil engineer.
9. That the existing utility easement crossing the existing property be abandoned after
removal of utilities.
10. That a hydrology and hydraulic study be prepared by the applicant and approved
by the Public Works Department, along with a master plan of water, sewer and
storm drain facilities for the on -site improvements prior to recording of the tract
map. Any modifications or extensions to the existing storm drain, water and sewer
systems shown to be required by the study shall be the responsibility of the
developer.
11. That a condition survey of the existing bulkhead along the bay side of the property
be made by a civil or structural engineer, and that the bulkhead be repaired in
conformance with the recommendations of the condition survey and to the
satisfaction of the Building Department and Marine Department. The top of the
bulkhead is to be a minimum elevation of 9.00 above M.LLW. (6.27 MSL). That
the existing bulkhead tiebacks be maintained until an approved alternate is in
place or other provisions made to insure the integrity of the bulkhead.
12. That County Sanitation District fees be paid prior to issuance of any building
permits.
13. That the Public Works Department plan check and inspection fee be paid.
7
14. That the Edison transformer serving the site be located outside the sight distance
planes as described in City Standard 110-L
15. Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment
and flagmen. Traffic control and transportation of equipment and materials shall
be conducted in accordance with state and local requirements. A traffic control
plan shall be reviewed and approved by the Public Works Department. No
construction storage or delivery of materials shall be allowed within the Newport
Boulevard right-of-way. Prior to issuance of any grading permits, a parking plan
showing how workers will be able to park without using on -street parking must be
submitted and approved by the Public Works Department.
16. That a 10 foot wide easement be granted to the city along the bay frontage so as
to provide unobstructed public access across the entire project between 26th Street
and 28th Street. Said easement shall be improved with lighting and a concrete
sidewalk or other materials meeting the approval of the Public Works Department.
Grate type drainage inlets will not be acceptable within the easement area without
prior approval of the Subdivision Engineer.
17. That casements or agreements be provided for construction and maintenance of
utilities where water, sewer and other utilities encroach into other lots, Ic; between
Lots 2 and 3 where the floor surface for lot 3 is the proposed lot line, room for
sewer lines to serve Lot 3 does not appear to be provided.
18. That a bus bay and shelter or bench be provided on the Newport Boulevard
frontage with the location to be determined by the OCM and the Public Works
Department. The shelter is to be outside the sidewalk area. An easement is to
be provided to cover the additional area needed for the bus bay and sidewalk.
19. That no earthwork hauling operations, major concrete placement and other
construction operations requiring more than 32 trips per day or 4 trips per hour
by trucks with more than 3 axles be scheduled to occur between June 1 and
September 15, and one week before and after Feaster, unless otherwise approved
by the Public Works Department.
20. That underground building construction be setback from the sidewalk a sufficient
distance to allow the sidewalk to remain in service during construction unless
otherwise approved by the Public Works Department. That no tie backs or
foundations be constructed in the public right-of-way.
21. That the overhead lines along Newport Boulevard and 28th Street be placed
underground to allow the westerly 2 poles on Newport Boulevard and the 3 poles
on 28th Street to be removed. Guy poles are excepted from this condition.
22. That an agreement for maintenance of non -Standard improvements be executed
by the developer if special textured sidewalk or other non-standard improvements
are proposed to be , constructed within the public right-of-way around the
development. The design of all non-standard improvements must be approved of
the Public Works Department.
1. That the proposed development has met the requirements of City Council Policy
P-1.
Conditions:
1. That prior to the recordation of the Final Tract Map, the applicant shall enter
into an affordable housing agreement, the form and content of which is acceptable
to the City Attorney and the Planning Director, which guarantees the provision of
four affordable dwelling units on -site or off -site within the City. The affordable
housing agreement shall be recorded as deed restriction against the property.
2. The affordable units provided shall be affordable to moderate income families if
the units are for sale or to low income families at fair market rent if the units are
rented by the applicant or successors in interest, in accordance with the provisions
of the Newport Beach Housing Element.
3. The term of affordability shall be thirty years.
4. if it is proposed to provide the affordable housing units off -site within the City,
the affordable housing agreement shall include provisions regarding the timing of
the affordable units in relation to the occupancy of this project and performance
bonding or other measures to assure the provision of the units within three years
of the occupancy of this project as required by State law.
�`C•ITY'
& NEWPORT BEACH
r iNurEs
y.
COUNCIL MEMBERS
J►Gp �y9p��f
C.
october 30. 1489
INDEX
RptL—CAtt.
_
ring no one wisbing to address shed.
Co il, the public hearing was
Motion v made to introduce Ordinance
Ord 89-32
motion x
No. 89-32, d pass to second reading on
All Ayes
November 13. 89, being.
i
ORDINANCE THE CITY COUNCIL OF
-AN
THE CITY OF N T BEACH A►iMING
SECTION 20.63.035 THE NEVPORT
i
BEACH MUNICIPAL CODE AS TO ALLOW
NIXED USE RESIDENTIAL/C CIAL
AND RETAIL LAND USES AS P `BITTED
USES IN THE RECREATIONAL AND INE
COte(UCIAL DISTRICT OF THE CAN. Y
VILLAGE/MCFADDEN SQUARE SPECIFIC
PLAN (PLANNING COMMISSION AMEN -ENT
NO. 689).
r
Mr Strauss opened the public bearing
3361
F&T(City Council review of the following
(8$)
(8
applications of N/K MARINA PARTNERS.
Newport Beach, on property located at
t
2602-2620 Newport Boulevard. on the
{
southeasterly corner of 28th Street and
p
Newport Boulevard. in the Canner}
Village/McFadden Square Specific Plan;
zoned SP-6.
t�
SITE PLAN REVIEW NO. 52 - Request
Site Pln
to perasit the construction of a
Rv 52
mixed -use residential/commercial
development which includes two
buildings containing 35 residential
condominium unites and 22,500 sq.
ft. of commercial floor area on
r
property located in the
E
"Recreational and Marine
Commercial" area of the Cannery
Village/McFadden Square Specific
Plan Area; and the acceptance of an
Eenvironmental
document;
i
AND
B. USE PERMIT NO. 3361 - Request to
pexxait the construction of a
mixed -use residential/co=ercial
development which exceeds the 26
foot basic height limit in the
26/35 Foot Height Limitation
District, which includes general
commercial and office uses in
conjunction with incentive uses.
f
and which has a commercial floor
area ratio less than 0.25 on
property located in the
Volume 43 - Page 414
t
i
i
Gp\
0
I
RTY-OF NEWPORT- 8 ACH
11.,.1M EMDERS .
b CGp�'p' Sip of 9�
\ ��►9 �� October 3U. 1989
"Recreational and Marine
Commercial" area of the Cannery
Village/McFadden Square Specific
Plan Area;
AND
C. TRAFFIC STUDY NO. 59 -- Request to
approve a traffic study so as to
permit the construction of a
wixed-use residential/commercial
development containing 35
residential units and 22,500 sq.
ft. of commercial development;
AND
MINUTES
INDEX
D. TENTATIVE TRACT HAP NO. 14025 -
Request to subdivide 26 existing
lots into a vertical subdivision
containing two lots for residential
.condominium purposes, one lot for
comercial and marina purposes, one
lot for residential parking
purposes. and one lot for
commercial parking purposes, in
conjunction with the construction
of a mixed residential/commercial
development containing 35
residential condominium units and
21.500 sq. ft. of commercial
development. on property located in
the "Recreational and Marine
Commercial" are of the Cannery
Village/McFadden Square Specific
Plan Area;
AND
E. COASTAL RESIDENTIAL DEVELOPMENT
PERMIT NO. 18 - Request to approve
a Coastal Residential Development
Permit for the purpose of
establishing�project compliance for
a 35 unit residential condominium
development pursuant to the
Administrative Cuidelinew for the
implementation of the Statc Law
relative to lov- and Moderate -
income Housing vithin the Coastal
Zone.
Report from the Planning Department.
The Planning Director explained the five
above -listed applications, and described
the project as a 3-story project. 35
feet in height. and 2 stories of
residential above a single -story of
commercial. The residential cozpcnent
Volume 43 - rage 415
rrfc Stdy 59
Tent Tr Hp
14025
i CRD Pr=t IS
L
. 0
_.CITY
COUNCIL MEMWPIa
OF NEWPORT B?ACH
MINUTES
October 30. 1989
contains 35 dwelling units for
condominium purposes and 2,500 sq_ ft.
of cosmercial space. The project ir.
divided into two building groups,
separated by a ground level corridor and
has a aiaimum width of 100 feet between
the buildings. On the second and third
floors. above ground level. the window
to the bay is reduced to approximately
50 feet. The open areas of the project
are landscaped with turf. fountain. and
seating areas. The open areas of the
plan constitute 65% of the site. In
addition. there is a walkway in front of
the project which is 10 feet in width
and is adjacent to the water. There are
four residential floor plans varying in
size from 1600 sq. ft. for 2 bedrooms to
1800 sq. f t. for 3 bedrooms. There will
also be.four dwelling units developed
off site on property across from this
parcel which will be coming before the
City Council at a future date. There
will be 194 parking spaces provided. 88
spaces for residential at a ratio of 2�
parking spaces per dwelling unit, and
106 spaces for commercial development.
Including 16 spaces for a 21 slip boat
siarins. Each of the parking areas is
independently accessible, and 183
parking _spaces will be in a subterranean
parking structure with 9 parking spaces
on the surface. The City's regulations
provide a floor area ratio of 1.6 x the
buildable area of the site. The project
is actually at .97 which indicates the
project is substantially below the
required floor area ratio. Since the
approval of the Planning Commission,
there have been some issues raised
regarding charter,boat operations and
charging a fee for commercial and marina
parking, and as a.result of those
concerns. two additional conditions of
approval have been added prohibiting
charter boat operations on the site and
requiring the commercial and rarina
parking to be provided at no charge.
Further, there is also a concern with
regard to refuse collection and the
collection of recyclable materials. In
this development, the residential units
are located on the second and third
floors of the project and the applicant
is proposing trash chutes on each level
where the trash will be deposited in
duapsters for pickup. The trash storage
areas for commercial and residential are
Volume 43 - Page 416
UIr 3361
•NEWPORTi BEACH
OF -
W MUTES
CptlAfCfLC %P C% 16L
October 30. 1989
separate. and there may be a way in
which the trash for the commercial
component of the project could be
segregated.
Discussion ensued regarding recyclable
materials and the collection thereof,
wherein the City Attorney advised that
if the Council desires. a condition of
approval could be imposed requiring the
applicant to comply with subsequent
policy and ordinances concerning
recyclable materials. inasmuch as the
Council will be considering new
regulations on this issue in the very
near future.
In response to Questions raised by
Council Member Hart pertaining to the
height of the structure and the width of
the sidewalks, staff advised that the
maximum height of the structure as shown
on the plans is 38 feet at ridge line,
with the average roof height at 35 feet.
The sidewalk on 28th Street will be 8
feet in width, whereas the sidewalk on
26th Street will be either 5 or 6 feet
wide. The floor area ratio is .97.
John Newcomb. 1821 W. Bay Avenue.
applicants addressed the Council and
stated that he had met with many
citizens groups and neighbors in the
area regarding the proposed project; he
felt the development would be an asset
to the community, and concurs with the
reco=cndation of staff. Regarding the
recycling of trash, he is willing to
designate an area where residents can
voluntarily place their aluminum cans,
newspapers, etc., and he will work with
the appropriate entity for collection of
same. Pertaining to the additional
condition regarding free parking for
commercial and marina use, he stated he
would like to leave the commercial
parking open and if it becomes a problem
due to unauthorized use. (such as beach
goers) then either a security guard or
gate mechanism would be utilized; and to
that extent he is willing to accept the
condition to not charge for parking. He
further stated he concurred with the
condition prohibiting charter boat
operations on the site. With respect to
employee transportation to the site, he
stated bicycle spaces will be provided
in,the parking garage for those users.
in addition there is an Orange County
Volume 43 - Page 417
rP 3361
~`? CITY- OF NEWPORT'.'BEACH
C0WMIC1U?JdEU5ERS
r�s i
p iw ;�► GJ� October 30, 1989
Motion
Transit District bus turnout at the
property. There will also be four
affordable rental units associated with
the project for a period of 30 years.
MINUTES
Bearing no others wishing to address the
Council. the public hearing was closed.
Notion was made to approve the project
as recommended by the Planning
Commission. and:
1. Adopt Resolution No. 89-117.
accepting. approving and
certifying Final Environmental
Impact Report No. 143;
2. Make the Findings contained in
the Statomsent of Facts With
respect to significant impacts
identified in the Final
Environmental Impact Report;
3. Find that the facts set forth
in the Statement of Overriding
Considerations are true and
are supported by substantial
evidence in the record.
including the Final
Environmental Impact Report;
4. With respect to the project.
find that although the Final
Environmental Impact Report
Identifies certain unavoidable
significant environmental effects
that will result if the project is
approved, the mitigation measures
identified shall be incorporated
into the project, and all
significant environmental effects
that can feasibly be mitigated or
avoided have been eliminated or
reduced to an acceptable level. ant
that the remaining unavoidable
significant effects. when balanced
.._.against the facts set forth in the
Statement of Overriding
Considerations. giving greater
weight to the unavoidable
environmental effects. are
acceptable;
S. Approve Tentative Hap of Tract
No. 14025 with the Findings
and subject to the Conditions
suggested by the Planning
Commission;
Volume 43 - Page 418
U/P 3361
IRes 89-117
0
C IT tOP NEWPORT�- BEACH
C0U1ML NE1dMFtS
cp cat ;'s9�
October 30, 1989
All Ayes
6. Sustain the action of the
Planning Commission and
approve Site Plan Review No.
52. Use Permit No. 3361.
Traffic Study No. 59 and Coastal
Residential Development Permit No.
18. with added Conditions No. 11
and 12 on Use Permit No. 3361
prohibiting charter boat
operations on the site and
requiring the commercial and
marina parking to be provided
at no charge; and
7. Property owner shall provide
on -site receptacles that will
permit residents to recycle
aluminum, glass. and
newspaper. and arrange for
pickup of recyclables on a
timely basis.
Council Member Watt emphasised her
desire to have the Council consider. at
some point in time, the issue of
employee transportation in general. and
participation in the Transportation
Resource Center.
Mayor Strauss commented that he felt
this project was "well done;" however.
he is concerned about the height of the
structure and does not want this project
to set a precedent for future projects
on the waterfront.
The staff reviewed again the proposed
-view corridor. noting the minimum width
of 100 feet on the ground level with a
minimum of 50 feet on the second and
third floors. it was also pointed out
that the parking structure is all
subterranean.
There being no further comments, the
motion was voted on and carried.
Mayor Strauss opened the public hearing
and City Council review of an APPEAL by
AN D. VAhDERSL00T, H.D.. from the
a royal by the Planning Commission on
Sep mber 7. 1989. of TRAFFIC STUDY NO.
58 AN USE PERMIT N0. 3229 (AMENDED),
request of Lee Kest, Newport Reach, to
convert at approved employees' cafeteria
into a rest rant facility. with on
beer and wine, which will operate in
conjunction wit an auto dealership
located at 3000 W t Coast High% . on
Volume 43 - Page 419
U/P 3361
U/P 3329
(88)
Trf c Stdy
58
J
R�CF1 y D �
RESOLUTION NO. 89-117 Z=' NoV�E
tt q,8� a
A RESOLUTION OF THE CITY COUNCIL OF THE Cl ti `.
OF NEWPORT BEACH G AS COMPLETE AND iT���
�
ADEQUATE THE FINAL. ENVIRONMENTAL IMPACT
REPORT :NO. 144' FOR THE 2VM STREET MARINA
PROJECT
WHEREAS, the Draft Environmental Impact Report No. 144 provided
environmental impact assessment for the proposed 28th Street Marina Project; and
WHEREAS, the DEIR was prepared in accordance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines and Council Policy
K-3; and
review; and
WHEREAS, the DEIR was circulated to the public for comment and
written comments were received from the public during and
after the review period; and
WHEREAS, the' Planning Commission of the City of Newport Beach
conducted a public hearing to receive public testimony with respect to the DEIR; and
WHEREAS, such comments and testimony were responded to through
Response to Comments and staff reports submitted to the Planning Commission and City
Council; and
WHEREAS, such comments and testimony were fully and adequately
responded to in the manner set forth in California Administrative Code Section 15058
(b); and
WHEREAS, the Planning Commission of the City of Newport Beach has
reviewed all environmental documents comprising the EIR and has found that the EIR
considers all environmental impacts of the proposed 28th Street Marina Froject and is
complete and. adequate - and fully complies with all requirements of CEQA and the
CEQA Guidelines; and
WHEREAS, the City Council has reviewed and considered the information
contained in the certified final EIR in making its decision on the proposed 28th Street
Marina Project; and
WHEREAS, the City Council desires to approve the project; and
r.�
WHEREAS, the City Council by this Resolution adopts the Statement of
_ . t__ .
"£ Farts and-$tatement of Overriding Considerations as required by Sections 15091 and
15093 of ihe'- State', CEQA ' Guidclincs; and
- Stcd6ii ' 2I0021 of. CEQA and Section 15no'_ of the State
CEQA Guidelines require that the City Council make one or more of the following
Findings prior to the approval of a project for which an EIR has been completed.
identifying one or more significant effects of the project, along with Statements of Facts
supporting each Finding:
FINDING 1 - Changes or alterations have been required in, or incorporated
into, the project whicb mitigate or avoid the significant environmental
effects thereof as identified in the EIR.
FINDING 2 - Such changes or alterations are within the responsibility and
jurisdiction or another public agency and not the agency making the
Finding. Such changes have been adopted by such other agency or can and
should be adopted by such other agency.
FINDING 3 - Specific economic social or - other considerations make
infeasible the mitigation measures or project alternatives identified in the
EIR; and
WHEREAS. Section 15092 provides that the City shall not decide to
approve or carry out a project for which an EIR was prepared unless it has
(A) Eliminated or substantially Iessened all significant effects on the
environment where fc='ble as shown in the findings under Section 15091,
:..
(B) Determined that any remaining significant effects on the environment
found to be unavoidable under Section 15091 :ire acceptable due to
overriding concerns as described in Section 15093; and
WHEREAS. Section 15093 (a) of the State CEQA Guidelines requires the
City 'Council to balance the benefits of a proposed project against its unavoidable
environmental risks in determining wbether to approve the project; and
Section 159M (b)of the State CEQA Guidelines requires,
where the decision of the City Council allows the occurrence of significant effects which
2
-.
are identified in the EIR but are not mitigated, the City must state in writing the
reasons to support its action based on the EIR or other information in the record.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Newport Beach that:
1. The City Council makes the Findings contained in the Statement of
Facts with respect to significant impacts identified in the Final EIR, together with the
Finding that each fact in support of the Finding is true and based upon substantial
evidence in the record. including the Final EIR. The Statement of Facts is attached
hereto as Exhibit 1 and incorporated herein by this reference us if fully set forth.
2. The City Council finds that the Facts set forth in the Statement of
Overriding Considerations are true and supported by substantial evidence in the record,
including the Final EM The Statement of Overriding Considerations is attached hereto
as Exhibit 2 and incorporated herein by this reference as if fully set forth.
3, The City Council finds that the Final EIR has identified all
significant environmental effects of the project and that there are no known potential
environmental impacts not addressed in the Final EIR.
4. The City Council finds that all significant effects of the project arc
set forth in the Statement of Facts,
S. The City Council finds that although the Final EIR identifies certain
significant environmental effects that will result if the project is approved, all significant
effects that can be feasibly avoided or mitigated have been avoided or mitigated by the
imposition of Conditions on the approved project and the imposition of mitigation
measures as set forth in the Statement of Fact and the Final EIR.
6. The City Council finds that potential mitigation measures and'project
alternatives not incorporated into the project were rejected as infeasible, based upon
specific economic, social and other considerations as set forth in the Statement of Facts
and the Final EM
7. The City Council finds that the unavoidable significant impact of the
project, as identified in the Statement of Facts, that has not been reduced to a Ievel of
insignificance has been substantially reduced in impact by the imposition of Conditions
on the approved project and the imposition of mitigation measures. In malting its
3
decision on the project, the Planning Commission has given greater weight to the adverse
environmental impact The City Council finds that the remaining unavoidable significant
Impact is clearly outweighed by the economic; social and other benefits of the project,
as set forth in the Statement of Overriding Considerations.
8. The City Council finds that the Final EIR has described all
reasonablealternatives to the project that could feasibly attain the basic objectives of the
project, even when those alternatives might impede the attainment of other project
objectives and might be more costly. Further, the City Council finds that a good faith
effort was -made to incorporate alternatives in the preparation of the draft EIR and all
reasonable alternatives were considered in the review process of the Final EIR and
ultimates decisions on the project.
9. The City Council finds that the project should be approved and that
any alternative to this action should not be approved for the project based on the
information contained in the Final EIR, the data contained in the Statement of Facts
and for the reasons stated in the public record and those contained in the Statement of
Omrriding Considerations,
10. The City Council finds that a good faith effort has been made to
seek out and incorporate all points of view in the preparation of the Draft and Final
EIR, as indicated in the public record on the project, including the Final EIR.
1L : The City Council finds that during the public hearing process on the
28th Street Marina Project, the Environmental Impact Report evaluated a range of
alternatives. The project, as approved by this action, is included in that range of
alternatives. The City Council has considered the recommendation of the Planning
Commission in its decision on the project.
NOW. THEREFORE, BE IT RESOLVED that the City Council does
hereby certify the Final Environmental Impact Report No. 144 for the 28th Street
Marina Project as complete and adequate in that it addresses all environmental effects
of the proposed project and fully complies Kith the requirements of the California
Environmental Quality Act and the State CEQA Guidelines. Said Final Emiromnental
Impact Report is comprised of the following elements:
1. Draft EIR and Technical Appendices
2 Responses to Comments
3. Planning Commission Staff Reports
4
4. Planning Commission Minutes
5. Planning Commission Findings and Conditions for Recommended
Approval
6. City Council Staff Reports
7. City Council Minutes
8. City Council Resolutions and Findings and Conditions for Approval
9. Comments and Responses received prior to final action and not
contained in 1 through 8 above.
All of the above information has been and will be on file with the Planning
Department, City of Newport Beach, City Hall, 3300 Newport Boulevard, Newport Beach,
California 92659-1768, (714) 644-3225.
ADOPTED THIS 30th day of October _ 1989.
ATTEST:
. �"'"i/.i ..+ �" tea+ •
PLT/WP50
ED\EIR 144.RS 1
5
0 0 Exhibit I
'y u I ►r J IZI
yr : DO 7 r.
01 I► . ZI is ' . e! h
:.,Ir . ..
�� yft !r r
; Fod
; ulr r . ►1� r; .
►, FTI CUM'
►►t:�u I ►r.Mid W.TQWM1001151%
SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE%AVOIDED IF
THE PROPOSED PROJECT IS H"LEbCENTED, FINDINGS WITH RESPECT TO
SAID EFFECTS AND STATEMENT OF FACTS IN SUPPORT TTIEREOF, ALL
Wild RESPECT TO THE PROPOSED CERTIFICATION OF AN ENVIRONMEN-
TAL IMPACT REPORT, APPROVAL OF AN AMENDMENT WrM MODIFICA-
TIONS AND A TRAFFIC SPUDY FOR THE 28TH STREET MARINA PROJECT,
CITY OF NEWPORT BEACH, CALIFORNIA.
f
The California Environmental Quality Act (CEQA) and the State CEQA Guidelines
(Guidelines) promulgated pursuant thereto provide:
'No public agency shall approve or carry out a project for which an EIR
has been completed which identifies one or more significant environmental
effects of the project unless the public agency makes one or more written
findings for ''each' of those significant effects accompanied by a brief
explanation of the rationale for each finding. 'Me possENe findings are:
1. Changes or alterations have been required In. or incorporated into,
the project which avoid or substantially lessen the significant
environmental effect as identified in tha Final FIR.
2 Such changes or alterations are within the responsibility and
Jurisdiction of another public agency and not the agency making the
finder 'Stich changes have been adopted by such other agency or
can- and ,should be adopted by such other agency.
-:-; .Spedfic economic; social. or other considerations make infeasible the
mitigation measures or project alternatives identified in the Final
EIR (Section 15091 of the Guidelines).`
The City': of Newport Beach -is ico dering approval of a request to permit -the
construction of - a • mixed ust' restdet'iW/oammerciai , development which includes two
buildings containing 35 residential condominium units and 22,500 sq.ft. of commercial
ilooi - area on, Property laratea in the Recrratwna! and Marine Comm al area o e
Cannery, Village/McFadden Square Specific Plan Area. The project includes the
certificadon- of an' Environmental Impact Report, review of a_ site plan. and approval of
a use ...... to allow, a building height in excess of 26 feet but not exceeding 35 feet,
the coauaercial ' componint- of the project to be less than 0.25 FAR and providing
incentive uses in conjunction with general commercial uses, tentative tract map, coastal
ieside'niiif'development permit. and a traffic study. Because the proposed actions
constitute, a project under the CEQA Guidelines, the City of Newport Beach has
prepared, _an ' Environmental Impact, Report (EIR). This EIR has identified certain
significant effects which inay occur as a result of the project on a cumulative basis in
conjunction with other past, present and reasonably foreseeable future projects. Further,
theTi ' - desires to approve this project and, after determining that the EIR is complete
and has been prepared_in accordance with. CEQA and the Guidelines, the findings set
forth are- herein made:
Oldtriate development of the project will result in certain significant unavoidable adverse
impacts, to ,the : environment. as indicated .below and in the Final FIR. With respect to
those `impacts, the City Council of Newport Beach makes the findings as stated on the
irA
• Inav4ses in noise levels generated by project -related traffic are less negligible.
LAND USE
• The proposed project will result in demolition of existing under-utilized
office/ntanae commercial uses and a large vacant asphalt lot.
AESTHETICS
' 1lie proposed project will result in replacement of single -story office/marine
commerdal uses with ' two three-story buildings (35 feet in height) with a
subterranean, parking garage.
TRAFFIC AND CIRCULATION
• Two of sight intersections analyzed exceed the one percent volume criteria when
project traffic is added to 1991. traffic conditions. Of these, the Intersection
Capacity Utilization ratio will not be increased to a level over 0.9 by project
traffic
PUBLIC SERVICES AKD LMLITiES
The project will add to area -ride demand for fire protection and paramedic
service :. Mac project will not require an additional fire station, equipment or
personnel
• Demand on police services will not increase significantly. due to the project. No
additional personnel ' or equipment will be needed
• 'Ile project will not adversely impact the parr and recreation services.
= The: Project wfi.I generate a maximum of 72 students. This increase in student
population will not adversely effect schools serving the site.
AIR QUAL> Ty
• There is a slight potential for nuisance odors to affect the project site generated
from adjacent boatyard activities.
The proposed design of the subterranean parking garage contains two vents which
willrelease air from the garage at the roof top Ievel. This is the most desirable
location for venting underground parking areas.
0
0
3
ra"& O ;V 1 ♦ vv co : I M.TIMN Rma am LeIgo) du&iRm! r
TRAFFIC AND CIRCULA71ON
Significant Eflfcz
' Construction activity will increase truck traffic during some periods. This increase
could conflict with summer and non -summer peak traffic periods.
Fiffidillg
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified
in the Final E L
FgZ1 in 5u=11 of Finding
The significant effect has been substantially lessened to a level of insignificance by virtue
of the Standard City Policies and Requirements and Mitigation Measures identified in
the Final EIR and incorporated into the project. Tbese measures include the following:
1. Tic control and transportation- of equipment and materials shall be conducted
in aoeordance with state and local requirements. A traffic control plan shall be
reviewed"'and approved by the -Public Worim Department prior to issuance of
demolition, ' grading; ' or building permits:
2. No construction storage - or delivery -of materials shall be allowed within the
Newport Boulevard right-of-way.
3. Prior to issuance of any Grading Permits, a parking plan showing how workers
will be able to park without using on -street parking must be submitted and
approved by the Public Works Department.
4. No earthwork hauling operations, major concrete placement and other construction
operations requiring more that 32 trips per day or 4 trips/hour by trucks with
more than 3 axles 'be scheduled to occur between June 1 and September 15, and
one week before and after Easter.
S. Construction staging, materials storage, and worker parking shall be provided on
ttie'adjacent site oavned by the applicant which is located on the northwest corner
of 28th' Str6et ind Newport Boulevard:
AIR QUALITY .
Significant Effect
During 'the gradiWexCavation phase, there is a potential for increased dirt and dust on
and along the truck haul- routes.
L Chafes or alterations have been required in, or incorporated into, the project
• which avoid or substandaiky lessen the significant environmental effect as identified
in the Final FIR.
Farts in Suppgrt of Finding
:.
The significant effect has been substantially lessened to a level of insignificance by virtue
of the Standard City Policies and Requirements. and Mitigation Measures identified in
the 1ina2 EIR' and incorporated into the project. 'Ibase measures include , the following.
1. A dt&' control piograin in cornpliaiiee 4ith South Coast Air Quality Management
District Rule 403 shall be implemented during demolition, excavation, and
4
construction. This program shallinclude such measures as: containing soil on -
site until it is hauled away; periodic watering of stockpiled soil; and, regular
vacuum svv�erping of streets used for the haul operation to remove accumulated
material
The project will 'be exposed to noise levels from Newport Boulevard in excess of
standards.
1. Chan es or alterations have been required in, or incorporated into. the project
which avoid or substantially lessen the significant environmental effect as identified
in the Final EIR.
Fps in Suppgrt of Finding
The significant effect has been substantially lessened to a level of insignificance by virtue
of the Stindard : city Policies and- Requirements and Mitigation Measures identified in
the Final :ER and incorporated into the project These measures include the following:
1. All "exterior living areas (e.g. balconies and patios) which lie within the 65 CNEL
contour - shall - be constructed with 6-foot high noise barriers. The noise barrier
shall be continuous -(no opening or gaps) and have a minimum density of 3S
pounds ' per ' square foot_
The walls may be stud wails with cement plaster exterior, 1.4 inch plate glass 5.8
inch plexigiass, any masonry material, or any combination of these materials.
Wood and other materials may be used if specifically designed as noise barriers.
2. All writs exposed to exterior noise levels higher than 65 CNEL shall be
constructed Was to achieve interior noise levels no greater than 45 CNEL Prior
to issuance of d buildIag permit, a qualified "acoustical engineer shall review final
architectural _ plans to determine what building upgrades will be necessary to
achieve this'standard.' The City Engineer shall require that such upgrades be
incorporated into the plans prior to issuance of the I Building permit.
Most likely the only building upgrade that will be required is higher rated
windows such as 3.16 inch single pane glass for all windows that are exposed to
Newport Boulevard
3. All units that have a window exposed to Newport Boulevard, shall be required to
install mechanical ventilation. Air conditioning is an acceptable substitute for
mechanical- ventilation as long as it meets the Uniform Building Code
requirements.
4. Prior to issuance' of. an occupancy permit, the City Engineer shall require that an
acoustical analysis- be conducted by a qualified acoustical engineer '(at the
developer's =Pease). This analysis shall determine if all noise mitigation has
been installed as required and that noise levels will meet City standards. The
noise measurements shall be taken at that point in the worst case unit where the
higbest noise leads are expected If different noise attenuation methods are used
for'different units.' then a worst case unit for each method shall be tested.
S'tQrtificant Ef'E�s
Durirkg 'coastrnctl n; i dewatering and excavation activities may cause high noise
levels impacting surrounding areas.
•
•
M
1. Changes or alterations have been required in. or incorporated into. the project
which avoid or substantially lessen the significant environmental effect as identified
In the Final EHL
E00s in &=rt of Ending
The significant effect has been substantially lessened to a level of insignificance by virtue
of the Standard City Policies and Requirements and Mitigation Measures identified in
the Final EIR and incorporated into* the project. These measures include the following:
1. Construction activities will be conducted in accordance with Newport Beach City
Uniform Building Code. which limits the hours of construction and excavation
work to 7:00 a . to 6:30 p.m. on weekdays. 8:00 a.m. to 6:00 p.m. on Saturdays
and 10:00 a.m.. to 6:00 p.tn. on Sundays and holidays.
2. The applicant shall apply for a waiver of City noise abatement regulations to
'allow for dewatering and pouring of the basement slab. The continuous concrete
pour shall be scheduled on a non -summer weekend outside of the peak traffic
period -
3. At- the -time the City removes the requested waiver of City noise abatement
regulation to allow for dewatering and pouring of the basement slab, the City
Engineer shall determine if it is necessary to require barriers or baffles to reduce
noise_ from - construction equipment "so as not to exceed SS dBA at the property
UneCl If required, the developer shall install such measures prior to beginning any
activities for which a waiver was granted
<. Electric pump motors shall be required for dowatering equipment to reduce noise
levels.
GEOLOGY/SOILS
Significant Eii'ect
_The site may be subject from an earthquake on a regional fault. The site is
subject to moderate to high risk -of liquefaction. Existing fill is not suitable to
build on. Existing beach/alluvial soils are not suitable to build on.
Finding
1. Changes or alterations have been required in. or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified
In the Find EIR.
Facts in Svopgrt of Findint=_
The significant ef€ett has been substantially Iessened to a level of insignificance by virtue
of the Standard City Policies and Requirements and Mitigation Measures identified in
the Final EIR and incorporated into the project. These measures include the following:
I. Development of the site shall be subject to a grading permit to be approved by
the Building and PIanning Departments.
2. Thai grading shall be conducted in accordance with plans prepared by a Civil
Engineer and based on- recommendations of a sods engineer and an engineering
geologist subsequent to the completion of a comprehensive soil and geologic
invesdgadon of the site. Permanent reproducible copies of the 'Approved as
Built' grading plans on standard size sheets shall be furnished to the Building
Department.
6
3. Recommendations included in the - 1989 South Coast Geologic Services'
Geotechnical Report and the subsequent, study required by the following
mitigation, shall be incorporated into project design where appropriate. The
Building Department shall ver* the application of the appropriate
recommendations prior to issuance of grading permits.
4. A supplemental subsurface investigation shall be performed 'subsequent to
demolition of the existing buildings to obtain subsurface data in those areas
iznacoikible during previous studies.
S. The upper ien feet of soil material (primarily unsuitable fill) shall be removed
Remaining soil to a_distance at least five feet below and beyond the proposed
structure shall be densified as described in the Geotechnical Report contained in
Appendix D (and verified or amended by the required subsequent subsurface
investigation).
'- The project will require excavation of soil to a depth of 10 feet. The project site
is subject to high groundwater.
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified
in the Fumd FIR.
EACU in S=Rgrt of Fending
The significant effect has been substantially lessened to a level of insigni.ficanee by virtue
of the Su dard' (My Polices and Requirements and Mitigation Meares identified in
the Final EIR and incorporated into the project. These measures include the following:
1. Dawlopment of the site shall be subject to a grading permit to be approved by
the Building `and Ptanning Deparunenm
2. That grading shall be conducted in accordance with plans prepared by a Civil
Engineer and based oit recommendations of a soils engineer and an engineering
geologist subsequent to the completion of a comprehensive soil and geologic
investigation of the site. Permanent reproducible copies of the 'Approved as
Built' grading plans on standard size sheets shall be furnished to the Building
Department.
3. Recommendations included in the 1989 South Coast Geologic Services'
Geotechnical Report and. the subsequent study required by the following
mitigation, shall be incorporated into project design where appropriate. The
Building` Department -shall verily the application of the appropriate
- recotr mendatiaas prior to issuance of grading permits.
4.- -A. supplemental subsurface investigation shall be performed subsequent to
demolition "of the: existing btAldings to obtain subsurface data in those areas
Inaccessible" during previous studies.
S. Zbat the grading plan shall include a complete plan for temporary and permanent
drainage facilities. to minimize any potential impacts from silt. debris. and other
water pollutants.
6. The grading permit shall include a description of haul routes. access points to the
site. watering. and sweeping program designed to minimize the impact of haul
operations.
7
7. An erosion. siltation and dust control plan, if required, shall be submitted and be
subject to the approval of the Building Department and a copy shall be forwarded
to the . California Regional Wrier .Quality Control Board. Santa Ana Region.
& The groundwater level shall be lowered to a depth at least five feet beneath the
excavation bottom (about 15 feet below existing ground engineers,
d Ieevel).The d previous
teermg .
system shall be designed and performed by qualified
expericaoe in this 'type of construction. Selection of the engineer shall be
approved by the City Engineer prior to issuance of grading permits.
9. .The .upper ten feet of soil material (primarily unsuitablefill) y shall the
removed.=p
Remaining soil to a distance at least . fine
structure shall be densified as described . in the Geot ml Reportsubsequent subsurface
Appendix D (and verified or amended by the required
investigation).
10. Prior to issuance of grading permits.- a national pollutant Discharge Elimination
System- (NPDES) Permit shall be obtained from the Santa Ana Regional Water
Quality Control Board. Water extracted from dewatering wells shall meet current
Environmental Protection Agency requirements prior to discharging into the bay.
If necessary, thewater shall be desilted prior to discharge.
Significant Magi
Effects of dewatering and lateral deflection of the excavation shoring may cause
ground settlement and/or lateral movement of soils on adjacent properties.
Changes ,or.alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified
in the FuW EIR.
The significant effect has been substantially lessened to a level of insignificance by virtue
I f the Standard City Policies and Requirements and Mitigation Measures identified in
the FiiW EIR and incorporated into the project. These measures include the following:
1, Development of ,the site shaU be subject to a grading permit to be approved by
the Building and Planning Departments
2. That grading shall be conducted in accordance with plans prepared by a Civil
Engineer and based on recommendations of a soils engineer and an engineering
geologist subsequent to the completion of a comprehensive soil and geologic
investigation of the site.- Permanent reproducible copies of the 'Approved as
Built' grading plans. on standard size sheets shall be furnished to the Building
Department.
3. Racommendations included in the 1989 South Coast Geologic Services'
Geotechnical Report and the subsequent study, required by the following
mitigation.: aball be incorporated into project design where appropriate. The
Building : Department shall verify the application of the appropriate
'ens prior to Issuance of grading permits.
4. A ;supplemental subsurface investigation shall be performed subsequent to
demolition of the existing buildings to obtain subsurface data in those areas
inaemsi'ble during previous studies
5. A detailed : preconstruction survey _ shall - be prepared - to document the present
condition of_ all . building and.. facilities within the zone of influence of the
dewatered investigation.. Photographs, crack surveys, and installation of a
reference benchmark beyond the zone of influence shall be included in the
8
preconmction survey. Areas within at least 30 feet of the proposed excavation
shall -be monitored for any settlement and lateral mmements due to possible
deflation of the shoring system. Groundwater observation wells within the :one
of influence shall be installed. ne specific parameters of the study shall be
provided to the_ City_ fir, for review prior to issuance of the grading permit»
6. if+found, necessary by - the City: of Newport Beach. based upon ' 8
information descnbed above, the project applicant wM be required to enter into
an-&Veemept and post a bond guaranteeing the repair of the public street system,
utilities, or other. public property- that might be damaged during the dew'atuing
excavation process and the construction of subterranean improvements.
7. If found necessary by the of Newport Beach, based upon the geoteehnical
e. City
information described above, the project applicant will be required to enter into
an agreement and provide a policy of insurance guaranteeing the repair of all
image to -private property caused by the dewatering excavation process and the
construction of subterranean improvements.
WATER RESOURCES
' atracted water. resulting from dewatering will be discharged into Newport Bay.
Ilse discharge of water could significantly impact the water quality of Newport
Bay. ,
1,. (baagcs .or alterations have been required in, or incorporated into, the project
which avoid or -substantially lessen the significant environmental effect as identified
in the Final FIR.
The significant effect has been substantially lessened to a level of insignificance by virtue
of the Standard City Policies and Requirements and Mitigation Measures identified in
the Final EIR and incorporated into the project. -Ibese measures include the following:
1. Prier to the issuance of grading permits, a national Pollutant Discharge
Flimination system Permit shall be obtained from the Santa Ana Regional Water
Quality Control Board. Water extracted from dewatering wells shall meet current
Environmental. Protection Agency. requirements prior to discharging into the bay.
If necessmy..the.water shall be desilted prior to discharge.
2. Treatment of,;xtracwd water shall be conducted in a, manaer and at a location
approved . by, the City of - Newport - Beach city Engineer and the Santa Ana
Regional Water Quality Control Board
3. Suspended solids (e.g. sand) shall be separated from extracted water in accordance
vnth applicable water quality standards and disposed of at a location approved by
the QV of Newport Beach Director of Public Works Department and the Grading
Fngin�er.
4. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to
comply with water quality standards and to control odors from the dewatering
Pam.
• 'x'hc project site may be subject, to minor flooding during the uncommon
simultaaaeous occ urrence. of extremely high tides and heavy rain.
•
•
z
1. Changes or alterations have been required in, or incorporated into. the project
which avoid or substantially Iessen the significant environmental effect as identified
In the" FinA FIR.
Facts 'n SupW11 of Finding
The significant effect has been substantially lessened to a level of insignificance by virtue
of the, Standard City Policies and Requirements and Mitigation Measures identified In
the. Final EIR and incorporated into the project. These measures include the following:
1. Mdsting on -site drainage facilities shall be improved to the satisfaction of the City
:of Newport Beach City Engineer. A hydrology and hydraulic study and a master
pplan of water, sewer, and storm drain for on -site improvements shall be prepared
by tii6' applicant and approved by the Public Works Department prior to recording
of the tract map. -Auy modifications to the existing storm drain system shall be
the responsibilityof the developer.
I Drainage facilities' acid arehltectural features shall be' designed to prevent runoff
from entering the garage structure, keep the garage floor slab dry from seepage,
and'remove oil and grease from .runoff prior to discharge -into public storm drains.
Verification -of these design features shall be made by the City Engineer prior -to
issuance 'of building permits.
3. Six(6) inches shall be added to the bulkhead cap to bring it to an elevation of
nine feet above mean Iow water as required by the Cannery Village/McFadden
Square Specific Plan: -
SiguificiintEfftet
` Constriction of the project may result in short-term water quality impacts
associated with erosion, litter, and debris.
F..indin
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified
In the Final EIR.
Egets in SU2pall of Finding
The significant effect has been substantially Iessened to a Ievel of insignificance by virtue
of the Standard City. Policies and Requirements and Mitigation Measures identified in
the fmi ai EIR and incorporated into the project. These teasures include the following:
1. An erosion,'siiltatlon; and dust control Ian shall submitted and be subject to the
approval. of..the Building Department. prior to approval . of the grading permit).
A copy- shall be forwarded to the California Regional Water Quality Control
Board, Santa Ana Region.
Prior; to demolition of existing structures, a complete plan for litter and debris
control for the demolition. grading. and construction phases to ensure that no
debris is permitted to enter Neuport Harbor shall be approved by the Directors
of the Planning and Marine Departments.
Disposal of excavated materials at an ocean disposal site could have adverse
_ , .. impacts on water quality.
10
Einding
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified
in the Final EIR.
The significant of ect has been substantially, Iessened to a level of insignificance by virtue
of the Standard (3ty Policies and Requirements and Mitigation Measures identified in
the Final EIR and incorporated into the project. These measures include the following:
1, If the' applicant intends_,to:use an ocean disposal site for excavated materials, the
City of Newport Beach Public Works Department shall be provided with evidence
that all appropriate permits from the Army Corps of Engineers and the City of
Newport Beach have been. obtained. Such. evidence shall be submitted to and
verified by the, Public Works Department prior to the issuance of a grading
permit.
Significant F&13
Surface runoff from the site may contain urban pollutants affecting the water
quality of Newport Bay.
Findi.n�
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified
in the Final EIR.
Facts in Suppert of Finding
Zbe significant effect has been substantially lessened to a level of insignificance by virtue
of the Standard City Policies and Requirements and Mitigation Measures identified in
the Final EIR and incorporated into the project. These measures include the following:
1. Drainage facilities and architectural features shall be designed to prevent runoff
from entering the garage structure, keep the garage floor slab dry from seepage,
and remove oil and grease from runoff prior to discharge into public storm drains.
Verification of these design features shall be made by the City Engineer prior to
issuance of building permits.
2. Landscaped areas shall be irrigated with a system designed to avoid surface runoff
and over -watering.
3. A landscape plan shaU be submitted which includes a maintenance program that
controls the use of fertilizers and pesticides.
PUBLIC SERVICES
' .7be project will require the use of domestic water and the sanitary sewer system.
Fines
1. Changes or alterations have been required in, or incorporated into, the project
Which avoid or substantially lessen the significant environmental effect as identified
in the Final MPL
E
11
The signcsnt effact has been substantially. lessened to a level of insignificance by virtue
ift
.of the Standard aty Policies and Requirements and Mitigation Measures identified in
the Final EIR and incorporated into the project. These measures include the following:
1. Fmg . design of the project shall provide for the incorporation of ureter -saving .
devices for project lavatories and other water -using devices.
2 Landscaped areas shad be irrigated with a system designed to avoid surface runoff
and over -watering.
3. Prior to issuance of building or graduxg permits. a Master Plan of water and
sewer facilities shall be prepared for the site. The applicant shall verify the
adeivacy of existing water and. sewer facilities and construct any modification or
facilities aereuary for the project- "This Muter Plan shall include provision for
the relocation of existing water and sewer facilities
12
113TIUM43MCM1
The following effects are those determined by the City of Newport Beach to be
significant environmental effects which cannot be avoided if the project is implemented.
All significant environmental effects that can be feasibly avoided have been eliminated
or substantially lessened by virtue of mitigation measures identified in the Final EIR and
incorporated into the project as set forth above. The remaining, unavoidable significant
effects are acceptable when balanced against .the facts set forth in the Statement of
Overriding Considerations made below, giving greater weight to the remaining,
unavoidable environmental effect.
TRAFFIC/NOISE/AIR QUALITY
The project will incrementally result in increased traffic, air pollutant emissions,
and noise levels in the immediate vicinity. In concert with other past, present and
reasonably foreseeable future projects, the proposed project is expected to
incrementally contribute to a significant cumulative adverse impact on traffic, air
pollution, and noise Ievels in the vicinity of the project.
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified
in the Final EIR.
3. Specific economic, social, or other considerations make infeasible the project
alternatives identified in the Final EIR (Section 15491 of the Guidelines).
FaZs in Sup2ort of Findim
The significant effect has been substantially lessened by virtue of the Standard City
Policies and Requirements and Mitigation Measures identified in the Final EIR and
incorporated into the project. These measures include the following:
1. Traffic control and transportation of equipment and materials shall be conducted
in accordance with state and local requirements. A traffic control plan shall be
reviewed and approved by the Public Works Department prior to issuance of
demolition, grading. or building permits.
2. No construction storage or delivery of materials shall be allowed within the
Newport Boulevard right-of-way.
3. Prior to issuance of any Grading Permits, a parking plan showing how workers
will be able to park without using on -street parking must be submitted and
approved by the Public Works Department.
4. No earthwork hauling operations, major concrete placement and other construction
operations requiring more that 32 trips per day or 4 trips/hour by trucks with
more than 3 axles be scheduled to occur between June 1 and September 15, and
one week before and after Easter.
5. Construction staging. materials storage, and worker parking shall be provided on
the adjacent site owned. by the applicant which is located on the northwest corner
of 28th Street and Newport Boulevard.
6.: Pursuant to Section L5.45 of the Municipal Code (Fair Share Traffic Contribution
Ordinance). the applicant shall contribute funds towards traffic and circulation
improvements.
13
7. A dust control program in compliance with South Coast Air Quality Management
District Rule 403 shall be implemented during demolition, excavation. and
construction. This program shall include such measures as: containing soil on -
site until it is hauled away; periodic watering of stockpiled soil; and, regular
vacuum sweeping of streets used for the haul operation to remove accumulated
material.
7. Construction activities will be conducted in accordance with Newport Beach City
Uniform Building Code, which limits the hours of construction and excavation
work to 7:00 a.m. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays
-and 10:00 am. to 6:00 p.m. on Sundays and holidays.
& The applicant shall apply for a waiver of City noise abatement regulations to
allow for dewatering and pouring of the basement slab. The continuous concrete
pour shall be scheduled on a non -summer weekend outside of the peak traffic
period.
9. At the time the City removes the requested waiver of City noise abatement
regulation to -iMow for dewatering and pouring of the basement slab, the City
Engineer shall determine if it is necessary to require barriers or baffles to reduce
= noise from construction equipment so as not to exceed 55 dBA at the property
lines. If required, the developer shall install such measures prior to beginning any
activities for which a waiver was granted
10. Electric pump motors shall be required for dewatering equipment to reduce noise
levels.
Changes or_ alterations are -within the responsibility and jurisdiction of another public
agency and not the one making the finding.
1, The State Department of Transportation has the overall responsibility for major
roadways and freeways in the region.
2. The State Air Resources Board is responsible for the attainment of national air
quality standards.
3. 'The South Coast Air Quality Management District is responsible for basin air
quality.
C . ,The - Southern Citlifornia Association of Governments . in association with the
SCAQMD Is responsible for the Air Quality Management Plan (AQMP) for the
airshed.
The significant- effect has been substantially lessened to the extent feasible, however,
specific economic, social, or other considerations make infeasible the mitigation measures
or project alternatives identified in the Final EHL
I. ne project represents the best balance and mix of uses for the project area, all
factors considered.
2. The alternatives set forth for the site were rejected for the reasons as set forth
below and -in the subsequent sections of this statement.
The remaining unavoidable significant effect is acceptable when balanced against facts
set forth in the Statement of Overriding Considerations and in view of the fact that the
Impact -identified is considered significant only on a cumulative basis, resulting from the
proposed project in association with other past, present and reasonably foreseeable future
projects. r
14
NOISE
Significant Effect
' Temporary noise levels related to pouring concrete for the foundation cannot be
mitigated to an insignificant IeveL
FindiilSS
1. Changes or alterations have been required in. or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified
in the Fu1a1 FIR.
3. Specific economic, social. or other considerations make infeasible the mitigation
treasures or project alternatives identified in the Final E1R (Section 15091 of the
Guidelines).
The significant effect has been substantially lessened to the extent that changes or
alterations --have, been required ' h% or incorporated into, the project which avoid or
substantially lessen -the significant environmental effect as identified in the Final EIR.
1. Pouring of the basement slab shall be scheduled so as to encompass only one
nighttime period
2. The applicantl shall apply for a waiver of City noise abatement regulations to
allow for dewatering and pouring of the basement slab. The continuous concrete
pour shall be scheduled on a non -summer weekend outside of the peak traffic
period.
3. At the time the City removes the requested waiver of City noise abatement
regulation to allow for . dewateriag and pouring of the basement slab. the City
Engineer shall determine if it,is necessary to require barriers or baffles to. reduce
noise from construction equipment so as not to exceed 55 dBA at the property
lines- If required, the developer shall install such measures prior to beginning any
activities` for which a waiver was granted
The significant effect . has been substantially lessened to the extent feasible, however.
specific e.eonomie, social, or other considerations make infeasible the mitigation treasures
or project alternatives identified in the Tinal _EHL
1. Thc- project represents the best balance and mix of uses for the project area, all
factors considered.
2. The ' alternatives set forth for the site were rejected for the reasons as set forth
above and in the subsequent, sections of this statement.
The remaining unavoidable significant -'effect is acceptable when balanced against farts
set forth in the Statement of Overriding Considerations and in view of the fact that the
impact identified is considered significant only on a short-term basis.
15
WON BRA : i
1. The project has been designed in a manner so as to provide the greatest public
involvement in the' planning and CEQA process.
2. The following provides a brief description of project alternatives.
3. The alternatives were rejected in favor of the current project proposal.
4. The rationale for rejection of each alternative is provided below.
5. The rejection rationale is supported by the public record including. but not limited
f.
to, the Certified Final MFL
NO PROJECT ALTERNATIVE
The No Project Alternative provides for no new development on the site.
rn
FindiDgl
Specific economic, social, or
other considerations make infeasible the No Project
Alternative d=n-bed in the FirW FAR in lh=
1. the No Project Alternative � �°� pdcvelopmentde for a revitalization of the of the �te which
Cannery
is consistent with the g
Village/McFadden Square Specific Area Plan
2, :,The No project Alternative would not provide for increased marine -related
commercial opportunities.
3. The No Project Alternative would not provide for increased residential uses.
4. The No Project Alternative would not provide increased physical and visual aocxss
to Newport Harbor.
HOTEL ALTERNATIVE
The Hotel Alternative assumes development of a three-story 150-room hotel totalling
94,000 s.L
Specific economic: social.; or.. other eons make infeasible the six -story office
alternative described to the Final that:
1. The alternative would generate more traffic than the proposed project..
2. 'Iiie scale of the development would appear more intense.
3. No visual -accerss to the Newport Harbor would be provided.
4. The project would provide visitor -serving facilities, but no marine -commercial or
residential uses..
RESIDENTIAL ALTERNATIVE
A residential alternative could be: 1) 20 units on about 4500 s.f. lots; 2) 3��� in a
two story -structure with a combination of above grade and subterranean p
3) 50 units with subterratean parking or a parking structure.
lb
1. Development of solely residential uses is not allowed on the site by the Land Use
Element and Cannery Village/McFadden Square Specific Area Plan unless it is
in conjunction with marine commercial on the ground floor of the structure.
2. The smaller 20-unit, more traditional subdivision would be significantly out of
character with the surrounding area.
3. Noise attenuation for the 20-unit subdivision would required a noise wall that
would block views to the -Newport Harbor.
4. If parking is not subterranean, views across the site would be effected by the
light/glare from parked cars and security lighting.
S. This alternative would not provide increased marine commercial uses.
COMMERCIAL ALTERNATIVE
This alternative would include a mix of marine commercial/office uses. Depending on
the uses proposed, the FAR could range from .50 to 1.0. This intensity of development
would : require either subterranean parking or above ground parking garages.
Findings
This alternative would generate significantly more traffic than the project.
2. This alternative would cause a greater incremental contribution to cu=ulative
impacts related to traffic, noise, and air quality.
3. The alternative would not provide additional residential uses in the area.
ALTERNATIVE LOCATIONS
The project could be developed in other locations of Newport Beach.
Findings
L Given the orientation of the project to marine commercial use and view -oriented
residential, any other location would remain in the vicinity of Newport Bay,
2. The contribution of the alternative to cumulative traffic, air quality, and noise
Impacts would remain the sank.
REDUCED INTENSITY
This alternative would be a two-story version of the proposed project with marine -
commercial on the ground floor and 18 residential units on the second floor.
Ftnding5
1. The reduced density of the project might make construction of the subterranean
parking garage economically fnfeast'ble. if so, then an above ground parking
structure and parking lot would be necessary. This would create a project with
greater mass and visual impact. .
2. The project could provide less --zsual acceem to the Ncaport Harbor than the
project.
0
•
0 Exhibit 2
The California Environmental Quality Act requires a public agency to balance the
benefits of a proposed project against its unavoidable environmental risks in determi.uing
whether to approve the project. The City of Newport Beach has determined that the
unavoidable risks of this project. giving greater weight to the unavoidable environmental
risks. In making this determination, the following factors and public benefits were
considered or decisions made:
1. The proposed project is consistent with other existing uses in the vicinity of the
project and the community in general.
2. The proposed project represents infill development located in an urban area
where adequate facilities and services exist.
3. The density and intensity of the project is appropriate.
4. The proposed project will contribute to a fair share of local and regional roadway
improvements, specifically the C ity's Fair Share Traffic Contribution Ordinance.
S. The project will provide commercial space which will serve marine -related
businesses.
6. The project will provide increased housing opportunities.
7. The project has been designed to be sensitive to the surrounding neighborhood
by:
including a 8'view corridor
a providing adequate parking
• dedicating a "10-foot" public walW-ay along the ba)front
• providing an architecturally aesthetic project that
upgrades the area while blending into the existing
neighborhood
ED\EIR144.FDG
•
•
CITY OF NEWPORT BEACH
P.O. BOX 1768. NEVMRT BEACH, CA 92658.8915
NOTICE OF DETERMINATION
TO: Office of Manning and Research
ID 1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk
Public Services Division
P.O. Box 838
Santa Ana, CA 92702
FRO 3 City of Ne"rt tfonc t,
Planning Departaxsnt
3300 Newport A0010vnrd
P.O. Box 17611
Newport Beach, CA 92650-0915
SUBJECT: Filing of Notices of Determination in compliance with Section 2110a or
21152 of the Public Resources Code.
PROJECT TITLE: 28th Street Marina Mixed Use Project
PROJECT LOCATION:2602 - 2620 Newport Boulevard, Newport Beach, CA 92663
PROJECT DESCRIPTION: A c(xnnercial/residential mixed use development consisting of
35 condominium units and 22,500 sq.ft. of ccunercial development and a subterranean
parking structure.
CONTACT PERSON: Patricia L. Temple TELEPHONE NO. (714) 644-3225
STATE CLEARINGHOUSE NIMBERt 89032930
This is to advise that the City of Newport Beach has made the following determinations
regarding tt:e above described project:
I. The project has been X approved, disapproved by the City of Newport Beach.
2. The project X will, will not have a significant effect on the environment.
3. ® An Environmental Impact Report was prepared for this project pursuant to
the provisions of CEQA.
QA Negative Declaration was prepared for this project pursuant tb. the
provisions of CEQA. A copy of the Negative Declaration is attached.
4. Mitigation measures X were, were not made a condition of approval of this
project.
5. A Statement of Overriding Considerations X was, was not adopted for this
project.
6. The Final Environmental Document and the record of the project approval may
be examined at the Planning Department of the City of Newport Beach,
3300 Newport Boulevard, Newport Beach, CA 92650-8915,(714)644/3225.
DATE RECEIVED FOR FILIGG:
Patricia L. Temple _.7 —
ENVIROtInEUTAL COORDINATOR
DATE: October 31, 1989
3300 Newport Boulevard, Newport Beach
I ,
COMMISSIONERS
•
October S, 1989 MINUTES
Motion
Ayes
Absent
CITY OF NEWPORT BEACH
The pwas d
u %hear
ing was opened in connection with this item. No
one appear fore the Planning Commission to testify on the
subject item. b11c hearing wosed.
Motion was made and vatea'
Resolution No. 1198, recor
adoption of an Ordinance to
provisions of the General
Village/McFadden Square
CARRIED.
KZapprove Amendment No. 689,
me to the City Council the
impleme a mixed use and retail
Plan as rela to the Cannery
Specific Area P a MOTION
Request to permit the construction of a mixed use
residential/commercial development which includes two buildings
containing 35 residential condominium units and 22,500 sq.ft. of
commercial floor area on property located In the "Recreational
and Marine Commercial" area of the Cannery Village/McFadden
Square Specific Plan Area; and the acceptance of an
environmental document.
umb
Request to permit the construction of a mixed use
residential/commercial development which exceeds the 26 foot
basic height limit in the 26/35 Foot Height Limitation District,
which includes general commercial and office uses in conjunction
with incentive uses, and which has a commercial floor area ratio
less than 0.25, on property located in the "Recreational and
Marine Commercial" area of the Cannery Village/McFadden
Square Specific Plan Area.
WED
Request to approve a traffic study so as to permit the
construction of a mixed use residential/commercial development
.U.
Item No.8
SPR 52
UP 3 361
TS59
T H14025
CROP 18
Approved
COMMISSIONERS
October 51 1"9
CITY OF NEWPORT BEACH
MINUTES
f ROLL CALL 11 1 I I 1 I I 1 INDEX
containing 35 residential units and 22,500 square feet of
commercial development.
Request to subdivide 26 existing lots Into a vertical subdivision
containing two lots for residential condominium purposes, one lot
for commercial and marina purposes, one lot for residential
parking purposes, and one lot for commercial parking purposes,
in conjunction with the construction of a mixed
residential/commercial development containing 35 residential
condominium units and 22,500 sq.ft. of commercial development,
on property located in the 'Recreational and Marine
Commercial" area of the Cannery Village/Mcf-adden Square
Specific Plan Area.
AND
Request to approve a Coastal Residential Development Permit
for the purpose of establishing project compliance for a 35 unit
residential condominium development pursuant to the
Administrative Guidelines for the implementation of the State
Law relative to Low -and -Moderate -Income Housing within the
Coastal Zone.
LOCATION: Lots 1-12 of Block 324, Lancaster's Addition,
Newport Beach, and Lots 1-14 of Block 224,
Section A, Newport Beach, located at 2602 -
2620 Newport Boulevard, on the
southeasterly corner of 28th Street and
Newport Boulevard, In the Cannery
Village/McFadden Square Specific Plan
Area.
ZONE: SP-6
APPLICANT: N/R Marina Partners, Newport Beach
-23-
COMMISSIONER$
0 MINUTES
October 5, 1989
CITY OF NEWPORT BEACH
ROLL CALL
III
III
INDEX
OWNER: Same as applicant
ENGINEER: K W. Lawler and Associates, Inc., 'Tustin
James Hewicker, Planning Director, recommended that a
condition be added to each of the subject Items stating that the
application shall not become effective until City Council adopts
Amendment No. 689, to establish mixed residential/commercial
uses and retail uses within the Cannery Village/McFadden
Square Specific Plan Arcs.
The public hearing was opened in connection with this Item.
Mr. John Newcomb, applicant, appeared before the Planning
Commission. Mr. Newcomb concurred with the findings and
conditions in Exhibit 'A".
There being no others desiring to appear and be heard, the
public hearing was closed at this time.
Commissioner Person addressed the community's approval of a
project of this magnitude and the effort made by the applicants.
Motion
*
Motion was made to approve Site Plan Review No. 52, Use
Permit No. 3361, Traffic Study No. 59, Tentative Tract Map No.
14025, and Coastal Residential Development Permit No. 18,
subject to the findings and conditions in Exhibit "A", including an
additional condition to each of the foregoing application stating
that: prior to implementation of these applications, stating that
the City Council shall approve Amendment No. 689.
Commissioner Di Sano complimented the project and the
project's community support.
Ayes
*
r
Absent
*
*
The foregoing motion was voted on, MOTION CARRIED.
Findings!
1. That an Environmental Impact Report has been prepared
for the project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA
Guidelines and City Policy.
-24.
COMMISSIONERS
*October 5. 1989 MINUTES
CITY OF NEWPORT BEACH
2. That all potential significant environmental effects which
could result from the project have been Identified and
analyzed in the EIR.
3. 'That based upon the information contained in the
Environmental Impact Report, mitigation measures have
been identified and incorporated into the project to
reduce potentially significant environmental effects to a
level of insignificance in all areas except short term noise
impacts. Further, that the economic and social benefits to
the community override the remaining significant
environmental effect anticipated as a result of the project.
4. That the information contained in the Environmental
Impact Report has been considered in the various
decisions made relative to this project.
Mitigation Measures:
1. Development of the site shall be subject to a grading
permit approved by the Building and Planning
Departments.
2. The grading permit shall include a description of haul
routes, access points to the site, and a watering program
designed to minimize the impacts of haul operations.
3. An erosion, siltation and dust control plan shaU be
submitted and be subject to the approval of the Building
Department prior to the issuance of the grading permit.
A copy of the plan shall be forwarded to the California
Regional Water Quality Control Board, Santa Ana Region.
4. Grading shall be conducted in accordance with plans
prepared by a civil engineer incorporating the
recommendations of a soil engineer and an engineering
geologist subsequent to the completion of a comprehensive
soil and geologic investigation of the site. Permanent
reproducible copies of the "Approved as Built' grading
plans shall be furnished to the Building Department prior
to the issuance of building permits.
-25-
INDEX
COMMISSIONERS 0 0 octmmr S 1989 MINUTES
ROLL CALL
CITY OF NEWPORT BEACH
S. Recommendations included in the 1989 South Coast
Geologic Services' Geotechnical Report and the
subsequent study required in mitigation memure no. 6
shall be incorporated into project design where
appropriate. The Building Department shall verify the
application of the appropriate recommendations prior to
the issuance of grading permits.
b. A supplemental subsurface investigation shall be
performed subsequent to demolition of the existing
buildings to obtain subsurface data in those areas
inaccessible during previous studies.
7. The groundwater level shall be lowered to a depth at
least five feet beneath the excavation bottom. The
dewatcring system shall be designed and performed by
qualified engineers with previous experience in this type
of construction. Selection of the engineer shall be
approved by the City Engineer prior to the issuance of
grading permits.
8. The upper ten feet of soil material shall be removed.
Remaining soil to a distance at least five feet below and
beyond the proposed structure shall be densified as
described in the Geotechnical Report as verified or
amended by subsequent subsurface Investigation.
9, A detailed preconstruction survey shall be prepared to
document the present condition of all building and
facilities within the zone of Influence of the dewatered
Investigation. Photographs, crack surveys, and installation
of a reference benchmark beyond the zone of influence
shall be included in the precorstruction survey. Areas
within at least 30 feet of the proposed excavation shall be
monitored for any settlement and lateral movements due
to possible deflection of the shoring system. Groundwater
observation wells within the zone of Influence shall be
Installed. The specific parameters of the study shall be
provided to the City Engineer for review prior to ISUMM
of the grading permit.
-26-
LI'Ll#
coMwiasioNuta
• p,uber S, 1489 MINUTES
\\\\\\\\ CITY OF NEWPORT BEACH
ROLL cAu.
INDEX
10. If found necessary by the City of Newport Beach, based
upon the geotechnical information described above, the
project applicant will be required to enter into an
agreement and post a bond guaranteeing the repair of the
public street system, utilities or other public property that
might be damaged during the dewatering e=vation
process and the construction of subterranean
improvements.
11. If found necessary by the City of Newport Beach, based
upon the geotechnical Information described above, the
project applicant will be required to enter into an
agreement and provide a policy of Insurance guaranteeing
the repair of all damage to private property caused by the
dewatering excavation process and the construction of
subterranean improvements.
12. Prior to the issuance of grading permits, a National
Pollution Discharge Elimination System (NPDES) Permit
shall be obtained from the Santa Ana Regional Water
Quality Control Board Water extracted from dewatering
wells shall meet current Environmental Protection Agency
requirements prior to discharging Into the Bay. If
necessary, the water shall be desilted prior to discharge.
13. Ught construction equipment shall be used for earthwork
operations. No heavy equipment shall be used.
14. Existing on -site drainage facilities shall be Improved to the
satisfaction of the City of Newport Beach City Engineer.
A hydrology and hydraulic study and a master plan of
water, sewer, and storm drain for on -site improvements
shall be prepared by the applicant and approved by the
Public Works Department prior to recording the tract
map. Any modifications to the existing storm drain system
shall be the responsibility of the developer.
15. A landscape plan, prepared by a licensed landscape
architect, shall be submitted which Includes a maintenance
program that controls the use of fertilizers and pesticides.
Ile plan shall be reviewed by the Parks, Beaclxs and
Recreation Department and approved by the Planning and
-27-
COMMI8310NEIIS •
• October S, 1989 MINUTES
I \\\\\\\\ CITY OF HEWPORT BEACH
ROLL CALL
III
III
INDEX
Public Works Departments. Prior to the issuance of an
occupancy permit, a licensed landscape architect shall
certify to the Planning Department that the landscaping
has been Installed in accordance with the approved Flan.
16. Landscaped areas shall be irrigated with a system designed
to avoid surface run-off and over -watering.
17. Treatment of extracted water shall be conducted in a
manner and at a location approved by the City of
Newport Beach City Engineer and the Santa Ana
Regional Water Quality Control Board.
18. Suspended solids (e.g. sand) shall be separated from
extracted water In accordance with applicable water
quality standards and disposed of at a location approved
by the Public Works Department and the Grading
Engineer.
19. Provision shall be made, as necessary, for the treatment
of hydrogen sulfide to comply with water quality standards
and to control odors from the dewatering process.
20. Drainage facilities and architectural features shall be
designed to prevent runoff from entering the garage
structure, keep the garage floor slab dry from. seepage,
and remove oil and grease from runoff prior to dbcharge
into the public storm drains. Verification of these design
features shall be made by the City Engineer prior to the
issuance of building permits.
21. Six (6) inches shall be added to the bulkhead cap to bring
it to an elevation of nine feet above mean low water as
required by the Cannery Village/McFadden Square
Specific Plan.
22. Prior to demolition of existing structures, a complete plan
for litter and debris control for the demolition, grading.
and construction phases to ensure that no debris is
permitted to enter Newport Harbor shall be approved by
the Planning and Marne Departments.
-28-
COMMIssIOMERs
• October S 1989 MINUTES
CITY OF NEWPORT BEACH
ROLL CA
LL1 i 1 104DEX
23. If the applicant intends to use an ocean disposal site for
excavated materials, the City of Newport Beach Public
Works Department shall be provided with evidence that
all appropriate permits from the Army Corps of Engineers
and the City of Newport Beach have been obtained Such
evidence shall be submitted to and verified by the Public
Works Department prior to the issuance of a grading
permit.
24. Development shall be in substantial conformance with the
approved site plan, floor plans and elevations.
25. All mechanical equipment and trash areas shall be
screened from public streets, alleys and adjoining
properties.
26. Signage and exterior lighting shall be approved by the
Planning and Public Works Departments.
27. Street signs, tables, benches, planters, and other similar
features on -site or adjacent to the project site shall be
designed with a common theme compatible with the
overall architectural style of the project. The design shall
be approved by the Planning, Public Works, and Parks,
Beaches and Recreation Departments prior to the issuance
of an occupancy permit.
28. Existing overhead utilities on the project side of Newport
Boulevard, 26th Street and 28th Street shall be put
underground to the satisfaction of the Public Works
Department.
29. Pursuant to Chapter ISA5 of the Newport Beach
Municipal Code (Fair Share Traffic Contribution
Ordinance), the applicant shall contribute funds towards
traffic and circulation improvements.
30. Traffic control and transportation of equipment and
materials shall be conducted in accordance with state and
local requirements. A traffic control plan shall be
reviewed and approved by the Public Works Department
-29-
COMMISSIONERS •
•Octobers 1989 MINUTES
CITY OF NEWPORT BEACH
I ROLL CALL 111 Jill 1 I INDEX
prior to the issuance of demolition, grading or building
permits.
31. No construction storage or delivery of materials &hall he
allowed within the Newport Boulevard right-of-way.
32. Prior to the issuance of grading permits, a parking plan
showing how workers will be able to park without using
on -street parking must be submitted and approved by the
Public Works Department.
33. No earthwork hauling operations, major concrete
placement and other construction operations requiring
more that 32 trips per day or 4 trips per hour by trucks
with more than three axles may be scheduled to occur
between June 1 and September 15, and one week before
or after Easter, unless otherwise approved by the Public
Works Department.
34. Construction staging, materials storage, and worker parking
shall be provided on the adjacent site owned by the
applicant which is located on the northwest corner of 28th
Street and Newport Boulevard.
35. Construction activities will be conducted in accordance
with the Newport Beach Municipal Code, which limits the
hours of construction and excavation work to 7:00 a.m. to
6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on
Saturdays and l(WO a.m. to 6:00 p.m. on Sundays and
holidays.
36. The applicant shall apply for a waiver of City noise
abatement regulations to allow for dewatcring and pouring
of the basement slab. The continuous concrete pour shall
be scheduled on a non -summer weekend outside of the
peak tragic period.
37. Any mechanical equipment and emergency power
generator shall be screened from view, and noise
associated with said facilities shall be sound attenuated so
as not to exceed 55 dBA at the property lines. The latter
shall be based upon the recommendations of a registered
03
COMMISSIONERS •
0 MINUTES
October S. 1989
CITY OF NEWPORT REACH
ROLL CALL
INDEX
engineer practicing in acoustics and approved by the
Building Department,
38. At the time the City removes the requested waiver of City
noise abatement regulation to allow for dewdtering and
pouring of the basement slab, the City Engineer shall
determine if it is necessary to require barriers or baffles
to reduce noise from construction equipment so as not to
exceed 55 dBA at the property lines. If required, the
developer shall install such measures prior to beginning
any activities for which a waiver was not granted.
39. All exterior living areas (e.g. balconies and patios) which
lie within the 65 CNEL contour shall be constructed with
6 foot high noise barriers. The noise barriers shall be -
continuous (no openings or gaps) and have a minimum
density of 3.5 pounds per square foot. The walls may be
stud walls with cement plaster exterior, V4 inch plate glass,
5/8 inch plexiglass, any masonry material, or any
combination of these materials. Wood and other
materials may be used if specifically designed as noise
barriers.
40. All units exposed to exterior noise levels higher than 65
CNEL shall be constructed to achieve interior noise levels
no greater than 45 CNEL Prior to issuance of a building
permi4 a registered engineer practicing in acoustics shall
review final architectural plans to determine what building
upgrades will be necessary to achieve this standard. The
Building Department shall require that such upgrades be
incorporated into the plans prior to the issuance of the
building permit.
Most likely the only building upgrade that will be required
is higher rate windows such as 3/16 inch single pane glass
for all windows that are exposed to Newport Boulevard.
41. AlI units that have a window exposed to Newport
Boulevard shall be required to install mechanical
ventilation. Air conditioning is an acceptable substitute
for mechanical ventilation as tong as it meets Uniform
Building Code requirements.
-31
COMMISSIONERS
• Octo
ber 5, 1989 MINUTES
\\\\\\\\CITY OF NEWPORT BEACH
ROLL CALL.
IKOEX
42. Prior to the issuance of the occupancy permit, the
Building Department shall require that an acoustical
analysis be conducted by a registered engineer practicing
in acoustics (at the developer's expense). This analysis
shall determine if all noise mitigation has been installed
as required and that noise levels will meet City standards.
The noise measurements shall be taken at that point in
the worst case unit where the highest noise levels are
expected. if different noise attenuation methods are used
for different units, then a worst case unit for each method
shall be tested.
43. Pouring of the basement slab shall be scheduled to
encompass only one nighttime period. The schedule for
any continuous concrete pour shall be reviewed and
approved by the City Engineer.
44. Electric pump motors shall be required for dewatering
equipment to reduce noise levels.
45. A dust control program in compliance with South Coast
Air Quality Management District Rule 403 shall be
Implemented during demolition, excavation and
construction. This program shall include such measures
as: containing soil on -site until it is hauled away, periodic
watering of stockpile soil, and regular vacuum sweeping of
streets used for the haul operation to remove accumulated
material.
46. A fan -assisted ventilation system shall be installed in the
venting system for the subterranean garage for use in peak
periods when natural ventilation is not sufficient.
47. All residential units and commercial/office uses shall be
provided with antral air conditioning.
48. Prior to the issuance of building permits, the Fire
Department shall review the proposed plans to determine
the adequacy of emergency access. The Department may
require indoor fire protection features, such as overhead
fire sprinklers, if it determines that such measures arc
necessary to provide adequate fire protection.
.32.
COMMISSIONERS
October S, 1989
MINUTES
\\\\\\\\CITY OF NEWPORT BEACH
IROLI. cAl.l.
WoEx
49. Fire Department access shall be approved by the Fire
Department prior to the issuance of building permits.
50. Final design of the project shall provide for the
incorporation of water -saving devices for project lavatories
and other water -using devices. This shall be verified by
the Building Department prior to issuance of occupancy
permits.
51. Prior to issuance of building or grading permits, a master
plan of water and sewer facilities shall be prepared for
the site. The applicant shall verify the adequacy of
existing water and sewer facilities and construct any
modification of facilities necessary for the project. The
master plan shall Include provision for the relocation of
existing water and sewer facilities.
52. A bus turnout shall be incorporated into the project
design to provide facilities at the existing bus stop on
Newport Boulevard south of 28th Street. The area
adjacent to the turnout shalt include a paved waiting area
with a bus shelter or bench. Design of the turnout and
amenities shall be approved by the Planning and Public
Works Departments prior to the issuance of building
permits.
53. A paved, lighted, and handicapped accessible pedestrian
accessway shall be provided from the project to the bus
stop.
B. Site Plan-Erdm No. 52,
1. That the proposed site plan gives due regard to the
aesthetic qualities of the harbor.
2. That the site does not contain any unique landforms such
as coastal bluffs.
3. That the development is compatible with the character of
the neighborhood and will contribute to the orderly and
-33-
COMMISSIONERS
0
• October S, 1489 MINUTES
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
harmonious development of surrounding properties and
the City.
4. The development is sited and designed to maximize
public
views through the site.
S. That there are no environmentally sensitive areas on -site.
6. The property does not contain any areas of unique
geologic hazards.
7. Residential development shall meet City noise standards.
8. The site plan and layout of buildings, parking areas and
pedestrian and vehicular access are functional in that
there will be a minimum of commercial/residential
conflicts.
9. The development is consistent with the General Plan, the
Local Coastal Program, Land Use Plan and the Cannery
Village/McFadden Square Specific Area Plan.
10. Mechanical equipment and trash enclosures are concealed
from view.
11. That there arc no archeological of historical resources on.
site.
12. That the site is not adjacent to any residential district.
I. That the proposed development shall be in substantial
compliance with the approved plot plan, floor plans and
elevations, except as noted below.
2. That all mitigation measures, and conditions of approval
for Use Permit No 3361, Tentative Map of Tract No.
14025 and Coastal Residential Development Permit No. 18
be fulfilled.
.34.
COMMISSIONERS •
0 Octobers, 1489
MINUTES
41
CITY OF NEWPORT BEACH
ROLL CALL I I I I l l l I INDEX
3. That one parking space be provided for each 250 sq.ft. of
commercial or office development, .75 parking space be
provided for each boat slip, and 21h parking spaces be
provided for each dwelling unit.
4. The access to the subterranean parking shall be a
minimum of 26 feet clear width.
5. That upland use must accommodate needs of the marina
as required by City Council Harbor Permit policies,
specifically those which deal with parking. safety and
sanitation.
6. The surface lot shall be redesigned to provide turn around
area for all spaces within the lot.
7. The driveway shall conform to Sid I10-L for sight
distance.
8. On -site parking and access for pedestrians and vehicles
shall be subject to further review and approval of the City
Traffic Engineer.
9. A 10 foot area of the drive with a slope not to exceed
2% shall be provided at the back of sidewalk.
I0. A plan to accommodate delivery vehicles shall be
reviewed and approved by the City Traffic Engineer.
11. This application shall not be deemed approved until the
effective date of Amendment No. 689.
1. That the development provides for both public physical
and visual access to the bay.
2. That the Increased height results in more public visual
open space and views that would result from compliance
with the basic height limit since the project design
.35.
COMMISSIONERS
0 MI
October S. 1989 NOTES
\\\\\\\\ CITY OF NEWPORT BEACH
ROLL CALL
INDEX
includes an open space plaza which is a minimum of 100
feet wide from Newport Boulevard to the JWy, and
approximately 65%a of the site is used for open spate,
3. The Increased building height results in a mere desirable
architectural treatment of the building and a stro er and
more appealing visual character of the area within the
general theme of a marine environment since the open
space plaza integrates the project with the visual amenity
of Newport Bay, and the variation of the facade minimizes
the visual Impact of the structures.
4. The increased building height does not result In
undesirable or abrupt scale relationships between the
structure and existing developments or public spaces.
5. The increased height does not result in hoar area
exceeding that otherwise permitted.
6. That incentive uses are provided by the development
which allow the establishment of general office and
commercial uses.
7. That the proposed commercial space constitutes a
significant portion of the development.
8. That the proposed commercial development is large
enough to accommodate viable business.
9. The approval of Use Permit No. 3361 will not, under the
circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort, and general welfare of
persons residing and working in the neighborhood or be
detrimental or injurious to property and ments in
the neighborhood or the general welfare of
Conditions:
1. That the proposed development shall be in substantial
compliance with the approved plot plan floor plans and
elevations.
.36.
COMMISSIONERS
•
0 October S. 1989
MINUTES
CITY OF NEWPORT BEACH
2. That the characteristics of the open space playa be
maintained, including the 120 foot dimension on Newport
Boulevard, the minimum 100 foot clear width at ground
level, and the minimum SO foot clear width at the second
and third levels.
3. That any fences or protective rails required for parking
structure stairwells within the open space plaza be visually
open.
4. That the building shall be no higher than 35 feet, subject
to the provisions of the Cannery Village/McFadden
Square Specific Plan in regards to the ground floor
elevation and in accordance with the definitions contained
in Section 20.87.205 of the Newport Beach Municipal
Code.
5. That Incentive uses shall be provided if general
commercial or office uses are provided on site. The split
between incentive uses and uses which can be developed
only upon the provision of incentive uses is 40% incentive
use and 60% use which requires incentive. Prior to the
issuance of any grading or building permhs for the project,
the applicant shall record a covenant, the form and
content of which is acceptable to the City Attorney,
agreeing to the provision of required Incentive uses.
6. Should the final design of the project result in the loss of
on -site parking. the commercial component of the project
may be reduced, but may not be less than 20,000 sq.ft.
7. That the Planning Commission may add to or modify
conditions of approval to this Use Permit or recommend
to the City Council the revocation of this Use Permit,
upon a determination that the operation which is the
subject of this Use Permit, causes injury, or is detrimental
to the health, safety, peace, morals, comfort, or general
welfare of the community.
8. That this Use Permit shall expire unless exercised within
24 months from the date of approval as specified in
Section 20.80.MA of the Newport Beach Municipal Code.
-37-
COMMISSIONER$
• October S, 1484 MINUTES
CITY OF NEWPORT BEACH
9. That a Coastal Development Permit be issued prior to the
issuance of a building permit.
10. This application shall not be deemed approved until the
effective date of Amendment No. 689.
1. That a Traffic Study has been prepared which analyzes
the impact of the proposed project on the morning and
afternoon peak hour traffic and circulation system in
accordance with Chapter 15.40 of the Newport Beach
Municipal Code and City Council Policy S-l.
2. That the traffic study indicates that the project will neither
cause nor make worse an unsatisfactory level of service on
any major, primary -modified, or primary street.
1. That the design of the subdivision improvements will not
conflict with any casements acquired by the public at large
for access through or use of property within the proposed
subdivision.
2. That public improvements may be required of a developer
per Section 19.08.020 of the Municipal Code and Section
66415 of the Subdivision Map Act.
3. That Section 13.05.010 of the Newport Beach Municipal
Code requires that public Improvements be completed in
commercial areas prior to the issuance of building permits
for a new structure.
4. That the traffic congestion during the summer months
(June 1 through September 15) and during Easter
Vacation (one week before and one week after Easter) is
significant and any major truck haul operation during this
-38-
COMMISSIONERS
0 October 5, 1989
MINUTES
CITY OF NEWPORT BEACH
ROLL CAL 1 1 1 1 1 1 1 1 1 INDEX
time would further congest the traffic to an unacceptable
level.
S. That this area has significant pedestrian traffic and
sidewalks need to remain open during construction
operations.
6. That the development is on a bus route and that it should
encourage bus use by providing convenient access to a bus
stop for its residents and patrons.
7. That the proposed project is consistent with the Newport
Beach General Plan and the Local Coastal Program, Land
Use Plan.
8. That the map meets the requirements of Title 19 of the
Newport Beach Municipal Code, all ordinances of the
City, all applicable general or specific plans and the
Planning Commission is satisfied with the design of the
subdivision.
9. That the proposed subdivision presents no problems from
a planning standpoint.
1. That a fatal map be recorded. That the final map be
prepared so that the bearings relate to the State Plane
Coordinate System and that elevations of all lots be shown
along with the bench mark datum.
2. That all improvements be constructed as required by
Ordinance and the Public Works Department.
3. That a standard subdivision agreement and accompanying
surety be provided in order to guarantee satisfactory
completion of the public improvements if it is desired to
record a tract map or obtain a building permit prior to
completion of the public Improvements.
a. That each floor of each building of the subject
development shall be served with separated sewer laterals
.39.
. • ,
COMMISSIONERS •
October 5, 1989 MINUTES
\\\\\\\\CITY OF NEWPORT BEACH
ROLLCALL
INDEX
unless otherwise approved by the Public Works
Department. The commercial and residential portions of
the development shall be served with separated sewer
laterals and water services.
5. That the on -site parking (both subterranean and surface
parking), vehicular circulation and pedestrian circulation
systems be subject to further review by the Traffic
Engineer, That the parking structure have a minimum
entrance elevation of 9.00 ML.LW (6.27 MSL) at all
entrances to prevent flooding from high tides,
6. That the intersection of the private drives and streets be
designed to provide sight distance for a speed of 35 miles
per hour. Slopes, landscape, walls, structures and other
obstruction shall be considered in the sight distance
requirements. Landscaping within the sight line shall not
exceed twenty-four inches in height. The sight distance
requirement may be modified at non -critical locations,
subject to approval of the Traffic Engineer.
7. That a 20 foot radius corner cutoff at the corner of 28th
Street and Newport Boulevard and 15 foot radius corner
cutoffs at the corner of Newport Boulevard and 26th
Street and at the corner of 28th Street and Lafayette
Avenue be dedicated to the public.
8. That curb, gutter and full width sidewalk be reconstructed
along the Newport Boulevard frontage; that any
deteriorated sidewalk or curb and gutter that does not
drain be reconstructed along the 26th Street frontage; that
the curb returns at the intersection of 26th Street &
Newport Boulevard and the intersection of 281h Street &
Lafayette Avenue be reconstructed to a 20 foot radius
Including curb access ramps per City Standard 181.1, the
power pole and catch basin on the corner of Newport
Boulevard and 26th Street will require relocation; that the
unused drive aprons be removed and replaced with curb,
gutter and sidewalk along the 281h Street, Newport
Boulevard and 26th Street frontages; that the depressed
section of sidewalk on 28th Street adjacent to the
bulkhead be reconstructed; that new street lights be
-ace
COMMISSIONERS
•
0 October 5, 1989
MINUTES
CITY OF NEWPORT BEACH
ROLL CALL I f I I I I I I I INDEX
constructed per current city standards along the 28th
Street, 26th Street. Newport Boulevard and bay frontages;
that the existing 16 inch water main crossing the property
be reconstructed in the adjacent streets to the satisfaction
of the Utilities Department prior to issuance to any
grading permits; that the existing sewer running through
the subject property be abandoned and removed or filled
with slurry, and that all street, drainage and utility
improvements be shown on standard Improvement plans
prepared by a licensed civil engineer.
9. That the existing utility casement crossing the existing
property be abandoned after removal of utilities.
10. That a hydrology And hydraulic study be prepared by the
applicant and approved by the Public Works Department,
along with a master plan of water, sewer and storm drain
facilities for the on -site improvements prior to recording
of the tract map. Any modifications or extensions to the
existing storm drain, water and sewer systems shown to be
required by the study shall be the responsibility of the
developer.
11. That a condition survey of the existing bulkhead along the
bay side of the property be made by a civil or structural
engineer, and that the bulkhead be repaired in
conformance with the recommendations of the condition
survey and to the satisfaction of the Building Department
and Marine Department. The top of the bulkhead is to
be a minimum elevation of 9.00 above M.LL.W. (627
MSQ. That the existing bulkhead tiebacks be maintained
until an approved alternate Is in place or other provisions
made to insure the integrity of the bulkhead.
12. That County Sanitation District fees be paid prior to
Issuance of any building permits.
13. That the Public Works Department plan check and
inspection fee be paid.
-41-
i
. COMMISSIONERS • •
October S, 1989 MINUTES
CITY OF NEWPORT BEACH
ROLL. C: INOEK
Nil 14. That the Edison transformer serving the site be located
outside the sight distance planes as described in City
Standard 110-L
15. Disruption caused by construction work along roadways
and by movement of construction vehicles shall be
minimized by proper use of traffic control equipment and
flagmen. Traffic control and transportation of equipment
and materials shall be conducted in accordance with state
and local requirements. A traffic control plan shall be
reviewed and approved by the Public Works Department.
No construction storage or delivery of materials shall be
allowed within the Newport Boulevard right-of-way. Prior
to issuance of any grading permits, a parking plan showing
how workers will be able to park without using on -street
parking must be submitted and approved by the Public
Works Department.
16. That a 10 foot wide easement be granted to the city along
the bay frontage so as to provide unobstructed public
access across the entire project between 26th Street and
28th Street. Said easement shall be improved with
lighting and a concrete sidewalk or other materials
meeting the approval of the Public Works Department.
Grate type drainage inlets will not be acceptable within
the easement area without prior approval of the
Subdivision Engineer.
17. That casements or agreements be provided for
construction and maintenance of utilities where water,
sewer and other utilities encroach into other lots, ie:
between Lots 2 and 3 where the floor surface for lot 3 is
the proposed lot line, room for sewer lines to serve Lot
3 does not appear to be provided.
18. That a bus bay and shelter or bench be provided on the
Newport Boulevard frontage with the location to be
determined by the QC D and the Public Works
Department. The shelter is to be outside the sidewalk
arcs. An easement is to be provided to cover the
additional area needed for the bus bay and sidewalk.
-42-
1
S
COMMISSIONERS
,o
•; n
• Oeiober S, 1984 MINUTES
\\\\\\\\CITY OF NEWPORT BEACH
ROLL CALL
INDEX
19. That no earthwork hauling operations, major concrete
placement and other construction operations requiring
more than 32 trips per day or 4 trips per hour by trucks
with more than 3 axles be scheduled to occur between
June 1 and September 15, and one week before and after
Easter, unless otherwise approved by the Public Works
Department.
20. That underground building construction be setback from
the sidewalk a sufficient distance to allow the sidewalk to
remain in service during construction unless otherwise
approved by the Public Works Department. That no tie
backs or foundations be constructed in the public right-
of-way.
21. "at the overhead lines along Newport Boulevard and
28th Street be placed underground to allow the westerly
2 poles on Newport Boulevard and the 3 poles on 28th
Street to be removed. Guy poles are excepted from this
condition.
22. That an agreement for maintenance of non-standard
Improvements be executed by the developer if special
textured sidewalk or other non-standard improvements are
proposed to be constructed within the public right-of-%V
around the development. The design of all non-standard
Improvements must be approved of the Public Works
Department.
23. This application shall not be deemed approved until the
effective date of Amendment No, 689.
1. That the proposed development has met the requirements
of City Council Policy P-1.
1. That prior to the recordation of the Final Tract Map, the
applicant shall enter into an affordable housing agreement,
-43-
•
COMMISSIONERS
ROLL CALL
0 OettMIND
rber 5, 1989 TES
CITY OF NEWPORT BEACH
INDEX
the form and content of which Is acceptable to the City
Attorney and the Planning Director, which guarantees the
provision of four affordable dwelling units on rite or off-
site within the City. The affordable housing agreement
shall be recorded as deed restriction against the property.
2- The affordable units provided sh%B 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 suwessors in Interest, in
accordance with the provisions of the Newport Beach
Housing Element.
3. The term of affordability shall be thirty ycan
4. If it Is proposed to provide the affordable hnusing units
Off -site within the City, the affordable housing agreement
shall include provisions regarding the timing of the
affordable units in relation to the occupancy of this
project and performance bonding or other measures to
assure the provision of the units within three years of the
occupancy of this project as required by State law,
5. This application shall not be deemed approved until the
effective date of Amendment No. 689.
4 s •
Item No.9
Requ to approve a Traffic Study so as to permit the TS55
establishm of a restaurant with ors -sale beverages, live 30
entertainment dancing, outdoor dining and valet parking.
AND A22roved
Request to permit the establishment of a urant �-h
ton-sale
alcoholic beverages, live entertainment and outdoor
dining and valet parking, The restaurant and
ill Indude
nighttime only French/Continental Dining on the first r and
-44-
1]
e
CITY OF NEWPORT BEACH
PWINING DEPARTMENT
PLAN REVIEW REQUEST
XAMA11CL PIAMIIC DIVISION
,PUBLIC WORKS DEPARTMENT
TRAFFIC ENGINEER
—FIRE DEPARTMENT
"PLAN REVIEW DIVISION
PARKS & RECREATION
—POLICE DEPARTMENT
_KARINE SAFETY
_.,CRADING
APPLICATION OF: N/A Marisia Partners
Date—lBptamber 5. 1989
.LPLiNS ATTACHED (PI.EIISE RETURN)
—PLANS ON FILE III PIAPNING DEPT.
FOR: Coastal Residential Development Permit No. 18
�.• • • r •�: ': For- { 1. rrptl
1 {
LOCATION: 2602, 2616, 2618, 2820 and 2622 Newport Blvd.
REPORT REQUESTED BY: 9-11-89
COKIISSION REVIEW: 9.21-89
CONK 17S :
Thin proposed subdivision is located in an area of the Cannery
Village anddesignated for Ae =eational and Marine Conowe al us"
by the General Plan Land Use Element and Local coastal Program Land
U",Plan for ths City of Newport Beach. professional and business
offices are permitted only in conjunction with an incentive use.
Therefore , depending on the type of use incentive use restriction
may be required. As far as residential development is concerned ,
•one dwelling unit is allowed -for each 3,375sq.ft,
11 14 1 7 .- 1711 I>
Notice is hereby given that the Planning Commission of the City of Newport Beach will told a
public hearing on the application of NIB Marina EArtners for Use Permit No. 3361. Site Plan
_H.W. 1 1 111111 , 1il 1ill j.M 1,11 .1 .I ► y.��.��1 �.1, yr
1.1 i I i! 1 to L► I�ws 1 _
1 1+ : 1 1 3 s 1 1 .l it Is. TMM 1
NOTICE IS HEREBY FURTHER GIVEN that an Environmental Impact Report has been
prepared in connection with the application noted above. It is the present intention of the City
to accept the Environmental Impact Report and supporting documents. 'ne City encourages
members of the general public to review and commcnt on this documentation. Copies of the
Environmental Impact Report and supporting documents are available for public review and
inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport
Beach, California, 92659.1768 (714) 644-3225.
Notice is hereby further given that said public hearing will be held on the 51h day of OctobeI
IM at the hour of 20 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, the public hearing.
For information call (714) 644-3200.
Janice A. Debay, Secretary, Planning Commission, City of Newport Beach.
NOTE; The expense of this notice is paid from a filing fee collected from the applicant.
-,,i i *. 0 0
$-;UbTA MtbA, t,:A YLbLb
047-100-03
ALFRED F LUSTBADER
2727 NEWPORT BLVD
NEWPORT BEACH, CA 92663
047-100-04
ALFRED F LUSTBADER
2707 NEWPORT BLVD
NEWPORT BEACH, CA 92663
I
047-110-18
J K S FINANCIAL CX
2611 NEWPORT BLVD
NEWPORT BEACH, CA 92663
047-110-19
RENE BARGE
3012 NEWPORT BLVD
NEWPORT BEACH, CA 92663
V VVMV M.. --_—I ♦aa ..
047-120-04
JENA R BELDEN
1 S ORANGE GROVE BLVD
PASADENA, CA 91105
047-120-05
RUTH E SMITH TR
122 HARBOR ISLAND RD
NEWPORT BEACH, CA 92660
047-120-20
RUTH PAYNE SMITH TR
122 HARBOR ISLAND RD
NEWPORT BEACH, CA 92660
047-120-29
PAUL A TRAUTWEIN TR
3132 BRENT RD
REDDING* CA 96002
Gaylord Helms Sandra biirie Houdek
`268 Lakeshore Rd Edwin D. Taylor
Box 94 1930 Continental Ave.
Boulder City, W 8900S Costa Mesa, CA 92627
WR Marina Partners Walter Burroughs
047-110-22 2800 Lafayette Ave. James Peter Barrett
JOAN M JACOBS Newport Beach, CA 92663 43S Aliso Avenue
825 W BAY AVE Newport Beach, CA 92663
BALBOA, CA 92661
Central Newport Beach Cm. Associwry J. Singer TH
047-110-29 Jim Henley, President 1SSS Hesa Verde Dr. Fast
YADU R ALIPURIA 1112 W. Ocean Front Unit 4SA
2627 NEWPORT BLVD' Balboa, CA 92661 Costa Mesa, CA 92626
NEWPORT BEACH, CA 92663
.,' Security Title Insurance
Truct 4PC 1440
P. 0. BOX 1589
San Diego, CA 92112
r
ycl
L
047-010-06
CUaCI-BURNER CO
717 LIDO PARK DR
NEWPORT BEACH, CA 92663
047-010-09
FIRST AMERICAN TRUST CO
CURCI-TURNER CO
P O BOX 1549
NEWPORT BEACH, CA 92663
047-010-13
BANK LLOYDS CALIFORNIA
105 AVE DE LA ESTRELLA
SAN CLEMENTE, CA 92672
047-023-01
WILBUR D SCHOCK
212 VIA LIDO NORD
N01POR:' BEACH, CA 92663
047-023-03
AMOS CORGIAT
7107 GEORGIA ST
BELL, CA 90201
047-023-06
ALLAN FAINBARG TR
890 W BAKER #200
COSTA MESA, CA 92626
(AWP47-023-12 �047-052-oA
DATELINE TOURS CX HMMAM P SARGEAW
2800 LAFAYETTE 448 A MCCADDEN PL
NEWPORT BEACH, CA 92663 LOS ANGELES, CA 90020
047-023-13
TED K COOK
P O BOX 1398
NEWPORT BEACH, CA 92663
047-023-14
CALVIN G ROHRS TR
12151 SINGINGWOOD DR
SANTA ANA, CA 92705
047-051-02
VAN LOON ENTERPRISES INC
2019 S CAPELLA CT
COSTA MESA, CA 92626
047-051-06
MCCULLOCH TRUST
450 CATALINA ST
NEWPORT BEACH, CA 92663
047-051-07
WILBUR D SCHOCK TR 11
212 VIA LIDO NORTH
NEWPORT BEACH, CA 92660
047-051-08
JERRY D ADAMS
505 29TH ST
NEWPORT BEACH, CA 92663
047-052-02
THEODORE S SCHNACK
211 E EDGEWATER AVE
BALBOA, CA 92661
047-052-03
DAVID EMMES
3470 EIMBLEDON WAY
COSTA MESA, CA 92626
047-052-06
GARNET V MCCULLOCH
2810 VILLA WAY
NEWPORT REACH p CA 92663
047-052-07
DATELINE TOURS CX
2800 LAFAYETTE
NrwrORT BEACH, CA 92663
047-052-08
SERGIO AVILA
407 28TII ST
NEWPORT BEACH, CA 92663
047-052-09
SERGIO AVILA
2345 PORT CARLISLE
NEWPORT BEACH, CA 92660
047-052-13
RUSSELL E FLUTER
CANNERY VILLAGE REALTY
510 30TH ST
NEWPORT BEACH, CA 92660
047-052-22
ARTHUR MELLO
516 TUSTIN AVE
NEWPORT BEACH, CA 92663
•1
1
VF
Notice is hereby given that the Planning Commission of the City of Newpon Beach wdl bold a
public hearing on the application of )SIR Marina Partners for Uu Permit, Ho. 3361, Site Man
:. MT • ' • • • •
NOTICE IS HERESY FURTHER GIVEN that an Environmental Impact Report has been
prepared in connection with the application noted above. It is the present intention of the City
to accept the Environmental Impact Report and supporting documents. 7iie City encourages
members of the general public to review and comment on this documentation. Copies of the
Environmental Impact Report and supporting documents arc available for public review and
inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport
Beach, California, 92659.1768 (714) 644.3225.
Notice is hereby further given that said public hearing will be held on the ZW day of Septerabe
1M at the hour of Z;.;Q p.m. in the Council Chambers of the Newport peach 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, the public hearing.
For information call (714) 644.3200.
Janice A. Debay, Secretary, Planning Commission, City of Newport Beach.
NOTE: The expense of this notice is paid from a riling fee collected from the applicant.
047-010-06
CdhCI-lURNER CO
717 LIDO PARK DR
NEWPORT BEACH, CA 92663
047-010-09
FIRST AMERICAN TRUST CO
CURCI-TURNER CO
P 0 BOX 1549
NEWPORT BEACH, CA 92663
047-010-13
BANK LLOYDS CALIFORNIA
105 AVE DE LA ESTRELLA
SAN CLEMENTE, CA 92672
047-023-01
WILBUR D SCHOCK
212 VIA LIDO NORD
NEWPORT BEACH, CA 92663
047-023-03
AMOS CORGIAT
7107 GEORGIA ST
BELL, CA 90201
047-023-06
ALLAN FAINBARG TR
890 W BAKER #200
COSTA MESA, CA 92626
047-023-12 047-052-04
DATELINE TOURS CX • BARBARA P SARGEANT
2600 LAFAYETTE 446 8 MCCADDEN PL
NEWPORT BEACH, CA 92663 LOS ANGELES, CA 90020
047-023-13
TED K COOK
P 0 BOX 1398
NEWPORT BEACH, CA 92663
047-023-14
CALVIN G ROHRS TR
12151 SINGINGWOOD DR
SANTA ANA, CA 92705
047-051-02
VAN LOON ENTERPRISES INC
2019 S CAPELLA CT
COSTA MESA, CA 92626
047-051-06
MCCULLOCH TRUST
450 CATALINA ST
NEWPORT BEACH, CA 92663
047-051-07
WILBUR D SCHOCK TR 11
212 VIA LIDO NORTH
NEWPORT BEACH, CA 92660
047-051-08
JERRY D ADAMS
505 29TH ST
NEWPORT BEACH, CA 92663
047-052-02
THEODORE S SCHNACK
211 E EDGEWATER AVE
BALBOA, CA 92661
047-052-03
DAVID EMMES
3470 EIMBLEDON WAY
COSTA MESA, CA 92626
047-052-06
GARNET V MCCULLOCH
2810 VILLA WAY
NEWPORT BEACH, CA 92663
047-052-07
DAIVI�1,INE TOURS CX
2800 LAFAYETTE
NEWPORT BEACH, CA 92663
047-052-08
SERGIO AVILA
407 28TH ST
NEWPORT BEACH, CA 92663
047-052-09
SERGIO AVILA
2345 PORT CARLISLE
NEWPORT BEACH, CA 92660
047-052-13
RUSSELL E FLUTER
CANNERY VILLAGE REALTY
510 30TH ST
NEWPORT BEACH, CA 92660
047-052-22
ARTHUR MELLO
516 TUSTIN AVE
NEWPORT BEACH, CA 92663
1.V.0'14t M zA, l.A V4040
047-100-03
ALFRED F LUSTBADER
2727 NEWPORT BLVD
NEWPORT BEACH, CA 92663
047-100-04
ALFRED F LUSTBADER
2707 NEWPORT BLVD
NEWPORT BEACH, CA 92663
047-110-18
J K S FINANCIAL CX
2611 NEWPORT BLVD
NEWPORT BEAC11, CA 92663
047-110-19
RENE BARGE
3012 NEWPORT BLVD
NEWPORT BEACH, CA 92663
047-110-22
JOAN M JACOBS
825 W BAY AVE
BALBOA, CA 92661
047-120-01
! GAYLORD HELMS •
268 LAKESHORE RD
BOX 94
BOULDER CITY, NV 89005
047-120-04
JENA R BELDEN
1 S ORANGE GROVE BLVD
PASADENA, CA 91105
047-120-05
RUTH E SMITH TR
122 HARBOR ISLAND RD
NEWPORT BEACH, CA 92660
047-120-20
RUTH PAYNE SMITH TR
122 HARBOR ISLAND RD
NEWPORT BEACH, CA 92660
047-120-29
PAUL A TRAUTWEIN TR
3132 BREN`i' RD
REDDING, CA 96002
Ga} lard Helms Sandra %brie lioudel,
268 l.akeshore itd 141win 11. Tavinr
Box 9.1 1930 Continental Ave
Boulder City, NV 89005 0)sta Mesa, G1 92627
N/R '-Drina Partners
2800 Lafayette Ave.
Newport Beach, CA 92663
Walter lkirrouglis
,humus Peter Barrett
435 Al iso Ave
Newport knich, CA 92663
Central Newport Beach Comn.
Assoc 1kjry J. Singer
lR
047-110-29
-Jim 1lenley, President
1555 h1esa Verde
Dr. East
YADU R ALIPURIA
1112 W. Ocean Front
Unit 45A
2627 NEWPORT BLVD
Balboa, 01 92061
Costa Melia, Gt
92626
NEWPORT BEACH, CA 92663
S,M rity Title Insurance
'I nest irr 14,10
11. 0. Box 1589
San Diego, CA 92112
b4Y �/� •.r�Ii�, Vi• Iwvry
047-110-34
SECURITY TITLE INSUTANC£
TRUST OPT 1440
P O BOX 1589
SAN DIEGO, CA 92112
0
CITY OF ?r_VWP%T ISEACH
PIANliIHC DEPARTMENT
PLAN R5-1EN REQUEST
&"VANCE PIANNINC DIVISION
^PUBLIC WORKS DEPARTMENT
—TRAFFIC ENGINEER
`FIRE DEPARTMENT
—PLAN REVIEW DIVISION
„PARKS & RECREATION
—POLICE DEPARTMENT
_.)MINE SAFETY
_GRADING
APPLICATION OF: N/R Marina Partners
Date-5gPtembpr 5. 1989
-1—PIANS ATTACHED (PLPASE RETURN)
„PLANS ON FILE IN PIANNINC DEPT.
FOR: Coastal Residential Development Pernit "so. 18
p •
..II 1
.E
+
.• 1 f
E 1�
1'
1 l
1 4
1
LOCATION: 2602. 2616, 2618, 2B20 and 2622 Newport Blvd.
REPORT REQUESTED BY: 9.11.89
COMMISSION REVIEW: 9.21.89
COMMENTS:
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE AND IS DESCRIBED AS FOLLOWSs
PARCEL 1:
LOTS 1 TO 12, INCLUSIVE, BEING ALL OF BLOCK 324 OF LANCASTER'S ADDITION
TO NEWPORT BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SUBJECT TO
THE EFFECT OF THAT CERTAIN BOUNDARY AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH: COAST CAPITAL, INC., AND THE STATE OF CALIFORNIA,
RECORDED ON SEPTEMBER 17, 1964 IN BOOK 7223, PAGE 264 OF OFFICIAL
RECORDS.
TOGETHER WITH A PORTION OF 28TH STREET, FORMERLY KNOWN AS 26TH STREET,
NAME CHANGED BY ORDINANCE NO. 351, SEPTEMBER 17, 1928, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 10, BLOCK 324, LANCASTER'S
ADDITION TO NEWPORT BEACH, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK
5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, SAID
POINT BEING THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID LOT 10
WITH THE WESTERLY LINE OF SAID LOT 10; THENCE NORTH 76' 14' 00" EAST
ALONG SAID NORTHWESTERLY LINE OF SAID LOT 10 AND ALONG THE
NORTHWESTERLY LINE OF LOT 11 IN SAID BLACK 324, A DISTANCE OF 58.17
FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF
166.24 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION, A RADIAL LINE FROM SAID POINT BEARS NORTH 47' 12' 22" WEST;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 11' 30' 23", A
DISTANCE OF 33.38 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY
PROLONGATION OF THE NORTHEASTERLY LINE OF LOT 12 IN SAID BLOCK 324, A
RADIAL LINE FROM SAID INTERSECTION BEARS NORTH 58' 42' 45" WEST; THENCE
SOUTH 690 05' 30" EAST ALONG SAID NORTHWESTERLY PROLONGATION, A DISTANCE
OF 37.02 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 12; THENCE SOUTH
76' 14' 00" WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT 12 AND ALONG
THE NORTHWESTERLY LINE OF SAID LOT 11, A DISTANCE OF 56.27 FEET TO THE
TRUE POINT OF BEGINNING OF THIS DESCRIPTION.
AND ALSO TOGETHER WITH THE EASTERLY 20 FEET OF THAT PORTION OF
L.AFAYETTE AVENUE, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1, IN BLACK 324,
LANCASTER'S ADDITION TO NEWPORT BEACH, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF :LAID
ORANGE COUNTY; THENCE SOUTH 85* 03' 01" WEST 40.17 FEET TO THE
NORTHEASTERLY CORNER OF THE LAND CONVEYED TO THE CITY OF NEWPORT BEACH
BY DEED RECORDED NOVEMBER 1, 1922 IN BOOK 438, PAGE 174 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 0` 23' 30" EAST ALONG THE
EASTERLY LINE OF BLACK 224, SECTION A, NEWPORT BEACH, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 4, PAGE 21 OF MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY, A DISTANCE OF 333.48 FEET TO A POINT, SAID POINT
BEING SOUTH 0* 23' 30" WEST 28.38 FEET FROM THE NORTHEASTERLY CORNER OF
SAID BLACK 224; THENCE NORTH 760 14' 00" EAST ALONG A LINE PARALLEL WITH
AND 27.32 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID BLOCK 2241 A
DISTANCE OF 14.75 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 166.24 FEET; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH AN ANGLE OF 9* 21' 58", A DISTANCE OF 27.18
FEET TO A POINT IN THE WESTERLY LINE OF SAID BLACK 324, SAID POINT
BEING SOUTH 0' 23' 30" WEST 26.09 FEET FROM THE NORTHWESTERLY CORNER OF
SAID BLACK 324; THENCE SOUTH 0* 23' 30" WEST ALONG THE WESTERLY LINE OF
SAID BLACK 324, A DISTANCE OF 342.12 FEET TO THE POINT OF BEGINNING,
BOTH VACATED BY RESOLUTION 15814, RECORDED ON AUGUST 10, 1964, IN BOOK
7170 , PAGE 617 OF OFFICIAL RECORDS.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON
SUBSTANCES LYING BELOW A DEPTH OF 500 FEET WITHOUT ANY RIGHT TO ENTER
UPON THE SURFACE OR THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 500
FEET, AS PROVIDED IN INSTRUMENTS OF RECORD.
PARCEL 2:
LOTS 1 TO 14, INCLUSIVE, BLOCK 224, SECTION A, NEWPORT BEACH, AS SHOWN
ON A MAP RECORDED IN BOOK 4, PAGE 21, OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON
SUBSTANCES LYING BELOW A DEPTH OF 500 FEET WITHOUT ANY RIGHT TO ENTER
UPON THE SURFACE OR THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 500
FEET, AS PROVIDED IN INSTRUMENTS OF RECORD.
TOGETHER WITH THE WESTERLY 20 FEET OF THAT PORTION OF LAFAYETTE AVENUE,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1, IN BLOCK 3241
LANCASTER'S ADDITION TO NEWPORT BEACH, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY; THENCE SOUTH 85- 03' O1" WEST 40.17 FEET TO THE
NORTHEASTERLY CORNER OF THE LAND CONVEYED TO THE CITY OF NEWPORT BEACH
BY DEED RECORDED NOVEMBER 1, 1922 IN BOOK 438, PAGE 174 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 0- 23' 30" EAST ALONG THE
EASTERLY LINE OF BLOCK 224, SECTION A, NEWPORT BEACH, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 4, PAGE 21 OF MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY, A DISTANCE OF 333.48 FEET TO A POINT, SAID POINT
BEING SOUTH 00 23' 30" WEST 28.38 FEET FROM THE NORTHEASTERLY CORNER OF
SAID BLOCK 224; THENCE NORTH 760 14' 00" EAST ALONG A LIME PARALLEL WITH
AND 27.52 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID BLACK 2241 A
DISTANCE OF 14.75 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 166.24 FEET; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH AN ANGLE OF 9' 21' 58", A DISTANCE OF 27.18
FEET TO A POINT IN THE WESTERLY LINE OF SAID BLOCK 324, SAID POINT
BEING SOUTH 0 23' 30" WEST 26.09 FEET FROM THE NORTHWESTERLY CORNER OF
SAID BLOCK 324; THENCE SOUTH 0' 23' 30" WEST ALONG THE WESTERLY LINE OF
SAID BLOCK 324, A DISTANCE OF 342.12 FEET TO THE POINT OF BEGINNING,
BOTH VACATED BY RESOLUTION 15814, RECORDED ON AUGUST 10, 1964, IN BOOK
7170 , PAGE 617 OF OFFICIAL RECORDS.
163-•12
7-11-89