HomeMy WebLinkAbout16 - Denying an Appeal and Upholding the Decision of the P. B & R Commission's Decision to Remove a Special City Landmark Blue Gum Eucalyptus Tree at the Balboa Branch Library and Fire Station - Staff MemoCITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Honorable Mayor and Members of the City Council
From: Seimone Jurjis, Assistant City Manager / Community Development Director
Date: September 24, 2024
Re: Revisions to Agenda Item No. 16 (PA2024-0140)
Attached are revisions to Resolution No. 2024-72, including conditions of approval.
Revised
RESOLUTION NO. 2024-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT AND ZONING
EXEMPTION TO DEMOLISH AN EXISTING CITY FIRE
STATION AND LIBRARY AND CONSTRUCT A NEW
5,400 TWO-STORY CITY FIRE STATION AND AN
ATTACHED 3,700 ONE-STORY LIBRARY LOCATED AT
100 EAST BALBOA BLVD (PA2024-0140)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, an application was filed by the City's Public Works Division
("Applicant"), with respect to property located at 100 East Balboa Boulevard, and legally
described as Block 2 of the East Newport Tract ("Property") for a coastal development permit
("CDP") and zoning exemption (in lieu of a minor use permit) for the following:
a. The demolition of the existing Balboa Branch Library and Fire Station No. 1
buildings and the removal of two diseased trees located within the Property; and
b. The construction of a new Fire Station No. 1 and Balboa Branch Library of
approximately 10,900 square feet. The proposed structure is approximately 33
feet 6 inches tall with a sloped roof, where Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code ("NBMC") allows
for a maximum height of 31 feet with a sloped roof. The facility includes a
proposed installation of a 3,675 square foot green space and 1,500 square foot
playground area ("Project");
WHEREAS, the existing Balboa Branch Library was constructed in 1929 and is
approximately 4,500 square feet in area, including a 360 square -foot City Museum;
WHEREAS, the existing Fire Station No. 1, which is approximately 3,400 square
feet in area and was constructed in 1962, was authorized by the Planning Commission
on July 7, 1960, under Use Permit No. 654 with no conditions of approval at the time of
approval;
Resolution No. 2024-72
Page 2 of 11
WHEREAS, the Property is designated as Public Facilities (PF) by the General Plan
Land Use Element, which is intended to provide public facilities, including public schools,
cultural institutions, government facilities, libraries, community centers, public hospitals, and
public utilities;
WHEREAS, the Property is located within the Public Facilities (PF) Zoning
District, which is intended to provide public facilities, including public schools, cultural
institutions, government facilities, libraries, community centers, public hospitals, and public
utilities;
WHEREAS, the Property is designated as Public Facilities (PF) by the Coastal
Land Use Plan and Coastal Zoning District, which is intended to provide public facilities,
including cultural institutions, government facilities, libraries, community centers, public
utilities, and public schools;
WHEREAS, Section 20.10.040(A) (Applicability of Zoning Code) of the NBMC
authorizes the City Council to exempt City implemented projects by adopting a resolution
at a noticed public hearing upon setting forth the specific NBMC provisions that apply in
the absence of the exemption;
WHEREAS, flexibility in the applicable development standards is necessary to
allow the City to construct a functional Project that supports the public; specifically, relief
from Title 20 (Planning and Zoning) of the NBMC ("Title 20") requirements for a minor use
permit for governmental facilities in the PF zoning district and the 31-foot maximum height
for a sloping roof within the Nonresidential, Shoreline Height Limitation Zone are
necessary;
WHEREAS, relief from the Title 20 requirements for a minor use permit for
governmental facilities in the Public Facilities (PF) Zoning District is appropriate since the
Project has previously been reviewed and conceptually approved by the City Council, and
the Project will include conditions of approval through the proposed CDP;
WHEREAS, relief from the Title 20 requirements for 31-foot maximum sloping roof
height governmental facilities in the PF Zoning District is necessary due to the placement
of required mechanical equipment within the roof;
Resolution No. 2024-72
Page 3 of 11
WHEREAS, the proposed sloping roof is designed as a mansard roof which will
act as a mechanical well to support necessary rooftop equipment, and act as a screen of
the equipment from the surrounding neighborhood; alternatively, a lower roof would
negatively impact the fire station's second floor ceiling height, create difficulty with
mechanical equipment, and reduce the roof screening. Required findings for the increase
in height above the base height limit for Title 21 (Local Coastal Program Implementation
Plan) of the NBMC are addressed below in this resolution; and
WHEREAS, a public hearing was held by the City Council on September 24, 2024,
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with California
Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapters 20.62 and
21.62 (Public Hearings) of the NBMC, and City Council Policy G-1 (Retention, Removal,
and Maintenance of City Trees). Evidence, both written and oral, was presented to, and
considered by, the City Council at this public hearing for the Project and appeal of the
decision to remove a tree.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby approve Coastal Development Permit
No. PA2024-0140 and in accordance with Section 20.10.040(A) (Applicability of Zoning
Code) of the NBMC does hereby exempt the Project as depicted in the preliminary plans,
subject to the conditions set forth in "Exhibit A," which is attached hereto and incorporated
herein by reference.
Section 2: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15301 (Class 1
— Existing Facilities), Section 15302 (Class 2 — Replacement or Reconstruction), and
15303 (Class 3 — New Construction or Conversion of Small Structures). The Class 1
exemption applies to additions to existing structures provided that the additional will not
result in an increase of more than 10,000 square feet if the project is in an area where all
public services and facilities are available to allow for maximum development permissible
in the General Plan and the areas in which the project is located is not environmentally
sensitive; Class 2 exempts replacement or reconstruction of existing structures where the
new structure will be located on the same site as the structure replaced and will have
substantially the same purpose and capacity as the structure replaced; and Class 3
exempts the construction and location of limited numbers of new, small facilities or
Resolution No. 2024-72
Page 4 of 11
structures including but not limited to structures not exceeding 10,000 square feet in floor
area in urbanized areas on sites zoned for such use.
In this case, the Project, including removal of the tree, consists of the demolition
of the existing 4,140 square foot branch library, 360 square foot Balboa Historical Museum
and 3,423-square-foot fire station and replacement with construction of a new Fire Station
No. 1 and Balboa Branch Library of approximately 10,900 square feet. The Project as
proposed results in a net public area increase of approximately 3,000 square feet, does
not require any change in the zoning designation, and is located in an urbanized area
with adequate public services to serve the area. Based on the foregoing, the Project
including removal of the tree is categorically exempt under the Class 1, Class 2 and Class
3 exemption.
The exceptions to these categorical exemptions under Section 15300.2 are not
applicable. The Project including removal of the tree does not impact an environmental
resource of hazardous or critical concern, does not result in cumulative impacts, does not
have a significant effect on the environment due to unusual circumstances, does not
damage scenic resources within a state scenic highway, is not a hazardous waste site,
and is not identified as a historical resource. As detailed above, the City's arborist
consultant, determined that the tree to be removed is diseased. Concerns were also
raised regarding impacts that removal of the tree would have on blue herons nesting.
According to the evidence provided at the hearing, blue herons are opportunistic and
would find another local habitat if the current site was unavailable. City staff observed and
presented to the PB&R Commission that there are numerous nesting site opportunities
around the harbor. Based on the public's concerns regarding nesting by blue herons, the
PB&R Commission approved the removal of the diseased tree, subject to the delaying
removal of the tree until September 2025, following nesting season and, as a further
precaution, the conditioned removal of the tree on the City confirming no active nests are
in place prior to removal. Therefore, the exception to this categorical exception does not
apply.
Section 3: In accordance with Subsection 21.52.015(F) (Coastal Development
Permits - Findings and Decision) of the NBMC, the following findings and facts in support
of such findings as set forth:
Finding of Consistency with Section 21.52.015(F)(1):
Conforms to all applicable sections of the certified Local Coastal Program.
Resolution No. 2024-72
Page 5 of 11
Facts in Support of Finding with 21.52.015(F)(1):
1. The Property is in the PF Zoning District, which requires projects to obtain a
required permit (e.g., conditional use permit or minor use permit) to establish
development standards. The Project's development standards would have been
established during the review of a minor use permit. However, the Applicant is
requesting exemption from obtaining a minor use permit as the required
development standards will be established through the Project's coastal
development permit. The Project is consistent with the required findings of the
certified Local Coastal Program.
a. The existing Fire Station No. 1 was approved by the Planning Commission
on July 7, 1960, under Use Permit No. 654. At the time of approval, no
conditions of approval were given in relation to a maximum floor area limit.
Subsequently, the existing Fire Station No. 1 was constructed in 1962, and
its current floor area is 3,432 square -feet. The existing Balboa Branch Library
was constructed in 1929 and has a current floor area of approximately 4,500
square feet (which includes the 360-square-foot City Museum). The Project
includes the demolition of the existing Fire Station No. 1 and Balboa Branch
Library and construction of a new Fire Station No. 1 and Balboa Branch
Library. Since the Project is located in the PF coastal zoning district, there are
no specific development standards required. The Project will have total
building area approximating to 10,900 square feet, which is appropriate for
the approximately 24,000-square-foot Property.
b. The Project provides a setback of approximately 11 feet from the property
line along Island Avenue, approximately one -foot from the property line along
East Balboa Boulevard, approximately 15 feet from the eastern interior
property line, and approximately 82 feet from the property line along East Bay
Avenue.
c. The highest guardrail is less than 20 feet from the established grade (9.00
feet NAVD88) and the highest ridge will be approximately 33 feet and 6 inches
from the established grade. The PF zoning district does not include specific
development standards for height, but instead establishes standards through
the minor use permit, the Property is located in Nonresidential, Shoreline
Height Limit Area, which limits the height of a structure to 26 feet for a flat
roof and 31 feet for a sloping roof. The Project includes an approximately 33-
foot 6-inch sloping roof, which is appropriate and necessary for the fire station
Resolution No. 2024-72
Page 6 of 11
to support roof -mounted mechanical equipment. Additional findings required
for exceeding the height limit per Section 21.30.060(C)(3)(a) (Increase in
Height Limit) of the NBMC are addressed below in this resolution.
2. The neighborhood is predominantly developed with residential uses to the north,
south, and east, which includes two- and three-story, one- and two -unit dwellings.
The block directly west of the Property includes mixed -use and commercial
development. The existing Fire Station No. 1 and Balboa Branch Library have
existed since 1962 and 1929, respectively, and provide essential services to the
surrounding community. In 2021, an assessment evaluating the facilities' condition
was conducted, and both facilities were rated as poor condition, due to
environmental and age -related deterioration. The Balboa Branch Library's
proposed design, bulk, and scale of the development is intended to provide a
modern, right -sized neighborhood branch library with a children's room, and
work/study areas, including up-to-date technology. The proposed Fire Station No.
1 layout will be able to house four staff members and two apparatus bay parking
spots. The proposed 1,500 square foot playground area is to establish a
recreational component in the neighborhood that complements the proposed
Balboa Branch Library. Additionally, the Project provides improved vehicular
access along Island Avenue and East Bay Avenue, and additional street parking
along East Balboa Boulevard, Island Avenue, and East Bay Avenue.
3. The Property currently provides 13 on -site parking spaces. Additionally, there is
one street parking space available on East Balboa Boulevard. The Project will
provide 14 on -site parking spaces and increase the street parking supply to 8
spaces due to street layout improvements associated with the Project.
4. The Property is located on an inland property in a developed area approximately
600 feet from the bay, and approximately 850 feet from the ocean. The Property
is separated from the bay (the nearest body of water) by East Balboa Blvd and a
row of residences. The finished floor elevation of the first floor of the proposed
structure is 9 feet based on the North American Vertical Datum of 1988 (NAVD88),
which complies with the minimum 9.0-foot (NAVD88) elevation standard for new
structures. The identified distances from the coastal hazard areas coupled with the
9.00-foot NAVD88 finish floor elevation will help to ensure the project is reasonably
safe for the economic life of the structure.
5. The Property is in an area known for the potential of seismic activity and liquefaction.
A Geologic Stability Report will be provided during plan check. All projects are
Resolution No. 2024-72
Page 7 of 11
required to comply with the California Building Code ("CBC") and Building Division
standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved before the issuance of building
permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and CBC before building permit issuance.
6. The Property is located approximately 600 feet southerly from coastal waters. A
Preliminary Construction Pollution Prevention Plan ("CPPP") will be provided prior to
building permit issuance to implement temporary Best Management Practices
("BMPs") during construction to minimize erosion and sedimentation and to minimize
pollution of runoff and coastal waters derived from construction chemicals and
materials.
7. Proposed landscaping will comply with Section 21.30.075 (Landscaping) of the
NBMC. A condition of approval is included that requires drought -tolerant species.
Before the issuance of building permits, the final landscape plans will be reviewed
to verify invasive species are not planted. The Project proposes to have 3,675
square -footage of green space and a 1,500 square -foot playground area. In
addition, a total of 16 trees will be on the Property at the time of completion.
8. The Property is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is Balboa Pier and is not visible from the Property. The Property is located
adjacent to East Balboa Blvd which is accessible to the public and provides some
limited opportunities to view the bay through Island Avenue, West Ocean Front, and
the beach, which is located southerly from the Property. Additionally, the Project does
not contain any unique features that could degrade the visual quality of the coastal
zone.
9. The Project's design provides improved vehicular access which would require the
removal of two special landmark trees. However, prior to the removal of any special
tree, a Tree Risk Assessment must be prepared and identify special mitigation
implementation measures to retain the tree(s). City Council Policy G-1 permits the
removal of City Trees set forth in Section IV.A (Removal of Special City Trees) if
its removal is related to death, disease, interference with infrastructure, or the
creation of hazardous situation.
Resolution No. 2024-72
Page 8 of 11
10. A Tree Risk Assessment and tomographic study was conducted by Dudek
Consultants in December of 2022, for three eucalyptus trees located at the
Property. The inspection evaluated each tree and its risk to the public and
surrounding infrastructure. Subsequently, a second Tree Risk Assessment and
sonic tomography study was conducted in August of 2023 by Dudek at the
Property. Based on the assessments, two eucalyptus trees were removed due to
their increased level of observed decay and risk of failure.
11. During the March 5, 2024, PB&R meeting, Public Works staff recommended removal
of a Canary Island Date Palm and a Blue Gum Eucalyptus tree due to unavoidable
construction impacts and disease of the trees. It is estimated that it may take up to
five years for the decay to reach the one-third safety threshold, in which the
removal of trees is recommended due to public safety reasons. PB&R supported
the recommended removal of both trees but requested that the tree removal would
not occur until September 2025, and for Public Works staff to report back to PB&R
regarding the health of the trees.
12. Condition of Approval Nos. 3 and 4 requires the Applicant to conduct pre -construction
nesting surveys. The survey will allow the Applicant to identify areas with active nests
and to create buffers to protect the nests from disturbance during construction.
Finding of Consistency with Section 21.52.015(F)(2):
Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of
any body of water located within the coastal zone.
Facts in Support of Finding with 21.52.015(F)(2):
1. The Property is located between the nearest public road and the sea or shoreline.
Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the
NBMC requires that the provision of public access bear a reasonable relationship
between the requirement and the project's impact and be proportional to the
impact. In this case, the Project replaces an existing Fire Station No. 1 and Balboa
Branch Library with a new Fire Station No. 1 and Balboa Branch Library, which
was conceptually approved by City Council on May 14, 2024. Prior to its
conceptual approval, meetings were held to discuss the layout and design of the
new building. As a result, these meetings enabled the design to be well thought
out by providing a neighborhood recreation component essential to the community,
Resolution No. 2024-72
Page 9 of 11
improved access to the Property, and a modern fire station that would
accommodate four staff members. Additionally, the new library will provide several
amenities such as a children's room and work/study areas. The Project does not
involve a change in land use, density, or intensity that will result in increased
demand for public coastal access and recreation opportunities. Furthermore, the
Project is designed and sited (appropriate height, setbacks, etc.) so as not to block
or impede existing public coastal access opportunities.
2. Vertical access to the bay and beach is available adjacent to the Property along
Island Avenue. Lateral access is available on the beach to the south along Island
Avenue and West Ocean Front. Lateral access to the bay and beach is available
by a public sidewalk along West Ocean Front. The Project does not include any
features that would obstruct access along these routes.
3. The existing development is provided vehicular access from the side of the lot on
East Bay Avenue. The proposed development would maintain the same vehicular
access from East Bay Avenue and provide additional vehicular access from Island
Avenue.
Section 4: In accordance with Subsection 21.30.060(C) (Height Limits and
Exceptions) of the NBMC, the following findings and facts in support of such findings as
set forth:
Finding of Consistency with Section 21.30.060(C)(3)(a):
The Project is sited and designed to protect public views to and along the ocean and
scenic coastal areas.
Facts In Support of Findings with Section 21.30.060(C)(3)(a):
1. Fact 8 in Support of Finding of Consistency with 21.52.015(F)(1) is hereby
incorporated by reference.
2. The Property is southerly located approximately 600 feet from coastal waters and
is surrounded by existing residential and mixed -use properties. Therefore, the
Project will not impact public views to and along the ocean and scenic coastal
areas.
Resolution No. 2024-72
Page 10 of 11
Finding of Consistency with Section 21.30.060(C)(3)(b):
The Project is sited and designed to minimize visual impacts and be visually compatible
with the character of surrounding areas.
Facts In Support of Findings with Section 21.30.060(C)(3)(b):
1. The Project's sloping roof's design allows the mechanical equipment to be
screened from public view by the means of a mechanical well. As a result, this
method will protect views from neighboring residential properties. If the sloped roof
was to be lowered, then it would result in potentially lowering the floor to ceiling
height of the fire station's second floor and may negatively impact the roof -
mounted equipment by not providing an adequate method of screening.
2. Fact 1 in Support of Finding of Consistency with 21.52.015(F)(2) is hereby
incorporated by reference.
3. Fact 2 in Support of Finding with 21.52.015(F)(1) is hereby incorporated by
reference.
Finding of Consistency with Section 21.30.060(C)(3)(c):
Where feasible, the Project will restore and enhance visual quality in visually degraded
areas.
Facts In Support of Findings with Section 21.30.060(C)(3)(c):
1. Fact 8 in Support of Finding of Consistency with 21.52.015(F)(1) is hereby
incorporated by reference.
2. The Project's design will enhance the area by replacing two governmental facilities
that needed major repair due to environmental and age -related deterioration. The
new and modified design of both facilities will continue to provide essential services
to the surrounding community.
Section 5: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2024-72
Page 11 of 11
Section 6: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution_ The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 24t" day of September 2024.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment: Exhibit A - Conditions of Approval
Revised
Resolution No. 2024-
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project specific conditions are italicized)
1. The development shall be in substantial conformance with the approved site plan,
floor plans, and building elevations stamped and dated with the date of this approval
(except as modified by applicable conditions of approval).
2. No demolition or construction materials, equipment debris, or waste, shall be
placed or stored in a location that would enter the sensitive habitat, receiving
waters, or storm drains or result in impacts to environmentally sensitive habitat
areas, streams, the beach, wetlands or their buffers.
mn�tor resl Ball be stored en p blin PFGp8Fty.
3. The Applicant is responsible for compliance with the Migratory Bird Treaty Act
(MBTA). In compliance with the MBTA, grading, brush removal, building
demolition, tree trimming, and similar construction activities shall occur between
August 16 and January 31, outside of the peak nesting period. If such activities
must occur inside the peak nesting season from February 1 to August 15,
compliance with the following is required to prevent the taking of native birds under
MBTA:
A. The construction area shall be inspected for active nests. If birds are observed
flying from a nest or sitting on a nest, it can be assumed that the nest is active.
Construction activity within 300 feet of an active nest shall be delayed until the
nest is no longer active. Continue to observe the nest until the chicks have left
the nest and activity is no longer observed. When the nest is no longer active,
construction activity can continue in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds,
and to determine when it is safe to commence construction activities. If an active
nest is found, one or two short follow-up surveys will be necessary to check on
the nest and determine when the nest is no longer active.
4. A pre -construction nesting survey shall be conducted prior to any demolition and
construction on the Property.
5. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs)
shall be implemented before and throughout the duration of construction activity
as designated in the Construction Erosion Control Plan.
6. The discharge of any hazardous materials into storm sewer systems or receiving
waters shall be prohibited. Machinery and equipment shall be maintained and
Revised
Resolution No. 2024-
washed in confined areas specifically designed to control runoff. A designated
fueling and vehicle maintenance area with appropriate berms and protection to
prevent spillage shall be provided as far away from storm drain systems or
receiving waters as possible.
7. Debris from demolition shall be removed from work areas each day and removed
from the project site within 24 hours of the completion of the project. Stockpiles
and construction materials shall be covered, enclosed on all sites, not stored in
contact with the soil, and located as far away as possible from drain inlets and any
waterway.
8. Trash and debris shall be disposed of in proper trash and recycling receptacles at
the end of each construction day. Solid waste, including excess concrete, shall be
disposed of in adequate disposal facilities at a legal disposal site or recycled at a
recycling facility.
9. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
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44-.10. The Aapplicant shall comply with all federal, state, and local laws. A material
violation of any of those laws in connection with the use may be caused by the
revocation of this Coastal Development Permit.
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4-3-.11. Prior to the issuance of building permits, the Applicant shall submit a final
construction erosion control plan. The plan shall be subject to review and approval
by the Building Division.
44-.12. Prior to the issuance of building permits, the Applicant shall submit a final drainage
and grading plan. The plan shall be subject to review and approval by the Building
Division.
4-5-.13. Prior to the issuance of a building permit, a copy of the Resolution, including
conditions of approval Exhibit "A" shall be incorporated into the Building Division
and field sets of plans.
4-6-.14. Prior to the issuance of a building permit, the Applicant shall submit a final
landscape and irrigation plan. These plans shall incorporate drought -tolerant
Revised
Resolution No. 2024-
plantings, non-invasive plant species, and water -efficient irrigation design. The
plans shall be approved by the Planning Division.
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4-8-.15. All landscape materials and irrigation systems shall be maintained by the approved
landscape plan. All landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, mowing, and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems
shall be kept operable, including adjustments, replacements, repairs, and cleaning
as part of regular maintenance.
4-9-.16. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise -generating construction activities
that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday
through Friday. Noise -generating construction activities are not allowed on
Saturdays, Sundays, or Holidays.
20. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 and other applicable noise control requirements of the Newport
Beach Municipal Code. The maxims , nnico shall he limited e no mere than
depiGted below fer the SPIOGified perieds unless the ambient noose level us higher
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2-2-.17. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
the current property owner or agent.
2-3-:18. This Coastal Development Permit No. PA2024-0140 shall expire unless exercised
within 24 months from the date of approval as specified in Section 21.54.060 (Time
Limits and Extensions) of the Newport Beach Municipal Code, unless an extension
is otherwise granted.
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19. The Applicant is required to obtain all applicable permits from the City's Building
Division and Fire Department. The construction plans must comply with the most
Revised
Resolution No. 2024-
recent City -adopted version of the California Building Code. The construction plans
must meet all applicable State Disabilities Access requirements.
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