HomeMy WebLinkAboutNewport Marine LLC (PA2004-072) 919 Bayside DrCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 5
August 18, 2005
TO: Planning Commission
FROM: David Lepo, Contract Planner
949 - 553 -1427, dlepo @hogleireland.com
SUBJECT: Bayside Drive Residential Development (PA2004 -072)
Code Amendment No. 2005 -007, Use Permit No. 2005 -026,
Coastal Residential Development Permit No. 2005 -001 &
Newport Tract No. 2004 -001 (TTM No. 15323).
LOCATION: 919 Bayside Drive
APPLICANT: UGS Development Inc.
RE UEST
The application requests approval of a Code Amendment to add the Planned
Residential Development Overlay to the Multifamily Residential District zoning
district designation of 919 Bayside Drive. A Use Permit and a Tentative Tract Map
subdividing the subject property into 17 single - family lots for lease purposes and
7 common lots for recreation /open space, public pedestrian access, landscaped
areas, private roads and for surface waters of Newport Bay and private boat
docks is also requested. Lastly, a Coastal Residential Development Permit
ensuring compliance with State law relative to low and moderate income housing
opportunities within the Coastal Zone is sought.
RECOMMENDATION
Review the draft Mitigated Negative Declaration, Code Amendment, Use Permit,
and Tentative Tract Map, receive public comments, and adopt Resolution
No. recommending City Council adoption of Mitigated Negative
Declaration SCH No. 2005061019 and Mitigation Monitoring and Reporting
Program and approve Code Amendment No. 2005 -007, Use Permit No. 2005-
026, Coastal Residential Development Permit No. 2005 -001 and Tentative Tract
Map No. 2004 -001 (Tract 15323) for development of a 17 -lot, single - family
residential subdivision at 919 Bayside Drive.
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DISCUSSION
Background
UGS Development Inc. submitted an application for a Code Amendment, a
Conditional Use Permit, and a Tentative Tract Map to allow construction of 17
single - family homes on a 4.78 -acre parcel located on the south side of Bayside
Drive, adjacent to Promontory Bay and Newport Bay. The property is currently
developed with the 64 -unit Newport Marina apartments in 12 buildings and
including five multi -car garage buildings. A floating walkway and 34 private boat
docks are located at the North Channel of Newport Bay beyond a bulkhead at the
bay -side property line. The apartment structures are to be demolished to
accommodate the proposed subdivision.
The project site is designated Multi - Family Residential by the Land Use Element
of the General Plan and MFR (Multi - Family Residential) by the Zoning Map.
These designations permit both single - family and multiple - family dwellings. The
property is also within the Coastal Zone and the project, if approved by the City,
will require a Coastal Development Permit from the California Coastal
Commission.
An Initial Study prepared for the proposed development indicated that all
potential environmental impacts were less than significant, or could be mitigated
to a less than significant level. Consistent with this determination, a Mitigated
Negative Declaration (MND) has been prepared pursuant to California
Environmental Quality Act (CEQA) Guidelines.
Proiect Settin
The Promontory Bay area of Newport Beach includes the area bounded by
Newport Bay, Marine Avenue /Jamboree Road, and East Coast Highway where
the project site is located. Property north of the project site across Bayside Drive
is developed as a neighborhood retail shopping center (Bayside Center)
anchored by a supermarket. The Cove Condominium (multiple - family residential
dwellings) adjoins the property on the east. Promontory Channel abuts the west
side of the property with the Balboa Yacht Basin on the opposite side of the
channel. Newport Bay and Balboa Island lie to the south.
Vehicular access to the site is provided from Bayside Drive. A bulkhead provides
sufficient water depth at the south property line for 34 private boat docks and
access to the North Channel of Newport Bay. A twelve- foot -wide sidewalk/bike
path adjoins the property frontage at Bayside Drive.
An existing 10- feet -wide easement and sidewalk provide public access from
Bayside Drive along the westerly property line of the project site to the bay front.
The easement and sidewalk are situated at the top of an existing bulkhead along
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Promontory Bay and are grade- separated from the elevated project site by a
retaining wall. The easement incorporates a six - foot -wide gangplank connecting
the sidewalk to a 6- foot -wide floating walkway parallel to the waterfront. The
walkway is 18 feet south of the existing bulkhead along the south property line of
the project site. The walkway provides access to the boat docks and continues
along the waterfront of the adjoining property on the east and terminates at the
Newport Beach Yacht Club at Marine Avenue.
Project Description
The 4.78 -acre project site is proposed to be subdivided into 17 buildable lots
(numbered lots on Tentative Tract Map) for development of a gated community of
custom - designed, single - family homes. Buildable lots range in size from 5,818
square feet to 10,754 square feet. Dashed lines on the Tentative Tract Map
show the maximum permissible building footprint for each lot complying with
proposed minimum yard requirements. Building footprints range from
approximately 3,172 square feet to 6,230 square feet. Proposed front yards
range in depth from 5 feet to 20 feet. Side yards are to be a minimum of 5 feet
and rear yards are 10 feet. Assuming all two -story dwellings and applying MFR
permissible building, homes would range in size from 6,195 square feet to 10,902
square feet of living area. Approximately 39% of the site would be covered by
buildings (70,011 = 178,268) exclusive of streets and consistent with the 40%
maximum permitted for a residential project pursuant to the PRD Overlay
(Planned Residential Development) sought by the applicant.
Common area facilities to be shared by residents and maintained by a
homeowners' association are indicated on Lots "A ", "C ", "D ", "E ", and "F" on the
Tentative Tract Map. Lot "A" encompasses an area of 8,279 square feet near the
center of the project site and is designated for recreation and /or pool uses. Lots
"C" and "D" accommodate landscaped areas of 2,247 and 1,591 square feet,
respectively, proposed along the Bayside Drive frontage and at the driveway
entrance to the subdivision. A sidewalk along the easterly side of the driveway
entrance from Bayside Drive connects the public sidewalk with the interior of the
subdivision through a pedestrian security gate.
Lot "E" encompasses 29,638 square feet including the driveway entrance from
Bayside Drive and the private loop road which encircles the recreation area of
Lot "A ", and includes all vehicular access roadways to the buildable lots. Lot "F"
encompasses 8,008 square feet at the water's surface between the existing
bulkhead and the existing 6- foot -wide walkway that parallels the bay front. Lot
"G" is 29,627 square feet in area and includes the 6 -foot walkway and the water's
surface between the walkway and the existing pierhead line at the Tract Map
boundary on the bayside of the site. Dedication of the 6 -foot walkway to the City
of Newport Beach is proposed on the map.
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Bayside Drive LLC. (PA2004 -072)
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Pedestrian access from the interior of the proposed gated community to the boat
docks and walkway is proposed between Lots 9 and 10 on the westerly side of
the site. A 9- foot -wide easement for the benefit of residents of the gated
community leads from the end of the roadway at Lot 9 to the existing public
easement and 10 -foot sidewalk on Lot "B ". A six - foot -wide fire access easement
is shown between Lots 5 and 6, connecting the private loop road with a
gangplank and with the walkway outside the existing bulkhead.
The Tentative Tract Map indicates that the 6 -foot walkway at the bay front, and
the gangplank between the walkway and the existing 10- foot -wide easement and
sidewalk along Promontory Channel, will be dedicated to the City of Newport
Beach. Public access between the gangplank and Bayside Drive will be
maintained through the existing easement. Lot "B" on the Tract Map is
coterminous with this easement. The project proponent will replace the existing
stairs at the Bayside Drive entrance with a ramp that will comply with Americans
with Disabilities requirements. The gangplank will be widened as part of this
project to accommodate wheelchair access.
On -Site Vehicular Circulation and Parking
A gated vehicular entrance to the subdivision is proposed from Bayside Drive
within the easterly one -third of the Bayside Drive frontage and to the west of the
existing curb cut. A 22 -foot -wide driveway comprised of two in -bound lanes
would provide access: one lane for guests' automobiles stopped at the security
gate callbox; one bypass lane allowing residents to drive directly to the security
gate without stopping at the callbox. An eighteen- foot -wide landscaping island
separates the in -bound driveway from the 20- foot -wide outbound driveway.
Approximately 50 feet of "stacking" distance from the Bayside Drive curb to the
visitor callbox is provided in each of the two in -bound lanes. The in -bound and
out -bound driveways merge and narrow to 24 feet in width at the entry gate set
back approximately 87 feet from Bayside Drive.
Beyond the security gate vehicular entrance, a loop road (Lot "E" on the map)
would provide direct access to nine of the buildable lots. Loop road Lot "E" is 36
feet wide through the straight roadway segments and accommodates a curb -to-
curb roadway width of 35 feet with parking on both sides. A total of 18 on- street
parking spaces are shown. A five- foot -wide public utility easement is proposed,
at back of curb, along both sides of the loop road including the perimeter of the
recreation /pool area at the hub of the loop. No sidewalks or parkways are
proposed.
Three, dead -end roadways extend outward from the loop road at turns near the
northwesterly, southwesterly, and southeasterly portions of the loop. The
roadway extension at the northwesterly turn in the loop road projects a distance
of approximately 130 feet and provides access to driveways at Lots 12, 13, 14,
15, and 16. The roadway extension at the southwesterly turn is approximately 65
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feet in length and provides access to Lots 8 and 9. Lots 3 and 4 take access
from a 40 -foot long roadway extension at the southeasterly turn in the loop road.
All three roadway extensions are 24 feet in width, curb -to -curb, within 25 -foot-
wide portions of Lot "E ". Five -foot -wide public utility easements adjoin both sides
of the roadway extensions. No on- street parking will be allowed and no
sidewalks are provided within each of the driveway extensions.
Residential driveways to Lots 2, 6; 11, 12, 13, 14, 16, and 17 are to be 18 feet in
width to accommodate two -car attached garages. Lot 1 at the northeasterly turn
in the loop road would have a 16 -foot wide driveway. Three -car garages are
contemplated for Lots 1, 3, 4, 5, 7, 8, 9, 10, 15 with driveway widths between 25
and 31 feet. The distance from face of garage to street -side property line at each
lot is at least 18 feet to allow driveway parking. The subdivision map indicates a
total of 48 covered parking spaces and 48 driveway parking spaces in addition to
the 18 on- street spaces.
Preliminary Plan
Various proposed site improvements are indicated on the "Preliminary Plan"
submitted with this application. The existing privacy wall at the Bayside Drive
frontage is to be replaced with a new, 6 -foot high site wall. A 30- inch -high site
wall is to be added atop the existing retaining wall that separates the westerly
project site from the adjacent public access easement and sidewalk along
Promontory Bay. The existing planter on the bulkhead side of the public access
easement along Promontory Bay will be removed and a new raised planter
segment will be constructed to join the existing raised planters along the base of
the existing retaining wall. Additionally, improvements to the pedestrian walkway
along Promontory Channel (ADA ramps and a new gangplank) are planned.
Planning Commission Actions
Mitigated Negative Declaration
The Planning Commission will recommend to the City Council as to whether or
not the Mitigated Negative Declaration (MND) prepared for this project should be
adopted. The MND is accompanied by an Initial Study that includes analysis of
potential environmental impacts that could result from development and
occupancy of the proposed residential subdivision. Conclusions based on the IS
analysis indicated "no impact" or "less than significant impact" in the following
topical areas:
• Aesthetics
• Agricultural Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Mineral Resources
• Population and Housing
• Public Services
• Recreation
• Transportation /Circulation
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• Hydrology and Water Quality
• Land Use and Planning
Bayside Drive LLC. (PA2004 -072)
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Utilities and Service Systems
Mandatory Findings of
Significance
The Initial Study indicated the need for mitigation measures to reduce potentially
significant impacts to a less than significant level in the following topical areas:
• Geology and Soils
• Hazards and Hazardous Materials
• Noise
With mitigation measures and standard conditions of approval indicated in the
Initial Study and set forth in the mitigation monitoring and reporting program
included with the Mitigated Negative Declaration, all potential impacts would be
mitigated to a less than significant level. Potentially significant impacts and
corresponding mitigation measures and standard conditions for proposed
residential subdivisions are paraphrased in Table 1.
Table 1 Potential Impacts and Mitigation Measures
IMPACT
Geology and Soils
Potential strong seismic ground
shaking
Location on unstable soils or soils
that could become unstable resulting
in landslide, lateral spreading,
subsidence, liquefaction or collapse
Hazards and Hazardous Materials
Significant hazard through transport
or disposal of hazardous materials
Significant hazard involving the
release of hazardous materials
MITIGATION MEASURE
Standard Condition G -1
Standard Condition G -2
Building Department verification that all
facilities are designed and constructed to
comply with current seismic standards
Standard Condition H -1
Building Official approval required for
asbestos abatement and removal plan in
compliance with SCAQMD Rule 1403 prior to
issuance of permits
Standard Condition H -2
Building Official approval of lead -based paint
abatement and removal plan required prior to
issuance of permits
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Table 1 Potential Impacts and Mitigation Measures
IMPACT
Noise
Exposure of persons to noise from
demolition, grading, and
construction activities and from
construction truck traffic
General Plan
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MITIGATION MEASURE
Standard Condition H -3
Building Official approval of Erosion and
Sediment Control Plan to identify how all
construction materials, wastes, debris will be
handled and transported required prior to
issuance of permits
Standard Condition H -4
Project proponent to store, transport, and
dispose of waste generated on -site in
accordance with CCR Title 22 subject to
Building Official approval
Standard Condition N -1
Limitation of construction activities to the
hours between 7 AM and 6:30 PM Monday
through Friday and between 8 AM and 6 PM
on Saturdays. No construction on Sundays
or legal holidays
The project site is designated "Multi- Family Residential' in the General Plan.
Single- family, detached dwellings, as proposed, are permitted uses on properties
so designated. Proposed dwellings will be constructed subject to development
standards of the Multi - Family Residential district and those included in conditions
of approval for this project pursuant to the RPD Overlay. The proposed use,
therefore, is consistent with the General Plan. Conformity with General Plan
policies are detailed at "Finding 2" under the Code Amendment narrative of this
report and at "Finding 1" and "Finding 2" under the Tentative Tract Map
discussion.
Code Amendment
Code Amendment No. 2005 -007, included as part of the project application,
would add the "Planned Residential Development Overlay District' (PRD)
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designation to the existing "Multifamily Residential District" (MFR) zoning
designation of the project site. The PRD designation may be applied to any
residential zoning district designation to facilitate new developments that are
compatible with and integrated into surrounding communities. Each
development in the PRD Overlay district is subject to approval of a Use Permit.
Single- family detached units as proposed in this application are permitted in the
MFR District, with or without the PRD Overlay. Approval of the PRD Overlay for
the project site would allows flexibility in establishing minimum front, rear, and
side yard dimensions, as determined appropriate by the Planning Commission,
and set forth in conditions of the Use Permit. Building height may not exceed the
MFR maximum of 28 feet. Maximum site area coverage by buildings in the PRD
Overlay is limited to 40% of site area exclusive of the streets. The Tentative
Tract Map indicates compliance with this limitation.
At least two, covered off - street parking spaces for each dwelling are required
pursuant to the PRD Overlay. At least two additional, uncovered parking spaces
for each dwelling are required unless the Planning Commission determines that
on- street spaces, and spaces in private driveways, provide an equivalent number
of spaces. The proposed project includes the required parking.
A comparison of zoning standards for single - family residences in the MFR zone
with those proposed for each buildable lot pursuant to a PRD Overlay for this
project are indicated in Table 2. All development standards in this PRD as
approved by the Planning Commission will be included as Conditions of Approval
of the requisite Use Permit.
Table 2 MFR Regulations vs. Proposed PRD Overlay Regulations
Maximum
Minimum Buildable Maximum
Lot Area Area Floor
(Sq. Ft.) (Sq. Ft.)' Area'
Minimum Yards
Front Side Rear
(bay) (street)
(See Footnote (See 8% of
MFR 5,000 1) Footnote 2) 20' lot 10'
width
PRD
Lot
1 6,848 4,237 7,415 35' 5'3 10'
1 Lot area less minimum front, side, and rear yard areas
21.75 X Maximum buildable area and not including maximum 400 sq. ft. permitted for enclosed parking
3 Lots 1, 15, 16, B 17, minimum 10' yard required adjacent to public right -of -way
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2
5,818
3,172
5,551
20'
5'
10'
3
10,754
6,230
10,902
18'4
5'
10'
4
7,800
4,649
8,135
25'
5'
5'
5
8,547
5,124
8,967
25'
5'/6'5
5'
6
6,500
3,740
6,545
25'
5'
5'
7
8,125
4,899
8,573
25'
5'
5'
8
6,500
3,649
6,386
25'
5'
5'
9
8,148
4,666
8,166
20'
5'
5i5
10
7,155
4,113
7,198
20'
5'
5'
11
6,000
3,540
6,195
20'
5'
5'
12
6,000
3,540
6,195
20'
5'
5'
13
6,000
3,327
5,822
20'
5710'
5'
14
6,720
3,564
6,237
20'
5710'
5'
15
8,505
3,907
6,837
15/'20''
5'
5'
16
7,004
4,076
7,133
20'
5'
5'
17
6,182
3,578
6,261
20'
5'
5'
Use Permit
Residential developments pursuant to PRD zoning standards require approval of
a Use Permit by the Planning Commission. Conditions of approval for the Use
Permit are required to include appropriate zoning standards as determined by the
Planning Commission.
Proposed "Conditions of Approval" for the Use Permit for this project include
development standards as in Table 2, above, and are included as an attachment
to this report for Planning Commission consideration. These include a
requirement that the replacement privacy wall indicated along Bayside Drive be
at least four feet from the back of the public sidewalk to allow for adequate
perimeter, common area landscaping. The distance from the sidewalk to the
existing wall varies from a few inches to three feet. Lots C and D would be
required to be reconfigured and expanded to incorporate both the landscaped
area and new wall as common areas for purposes of future maintenance and
repair.
Use Permit Conditions of Approval indicate a minimum 10 -foot yard dimension
adjacent to the reconstructed Bayside Drive privacy wall. With the additional
setback proposed for the replacement privacy wall at this location, no dwelling
would be nearer than 14 feet to the Bayside Drive tract boundary. The Tentative
Tract Map for this project, however, indicates only a five - foot -wide yard on Lot 15
and ten - foot -wide yards at Lots 1, 16, and 17 adjacent to the Bayside Drive tract
boundary. If developed according to the zoning standards for the MFR zoning
4 Water -side yard deemed 'front yard" for Lots 3 -15 (see Tract Map)
5 6' required to accommodate 6 "Fire Access Easement" per Tract Map
6 Lots 9 & 10, side yard adjacent to "pedestrian access easement" per Tract Map measured from easement
7 Minimum 20' required at southerly 55' of front yard; minimum 15' required at northerly 42' per Tract Map
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Bayside Drive LLC. (PA2004 -072)
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designation for this property, a minimum 20- foot -wide front yard would be
required along this frontage.
Consistent with the stated purpose of the Planned Residential Development
Overlay requested for this project, minimum yard requirements are intended to
make new development compatible with and integrated into the surrounding
community. For comparison purposes, a typical single - family home along the
south side of Bayside Drive between Coast Highway and the project site has a
front yard of between five and ten feet between an attached garage and the
public sidewalk. Most of the homes have "L- shaped" floor plans with two-car
garages forming the leg of the "L" that extends forward toward the street. As a
result, approximately half of the front wall surface of each home is more than 25
feet behind the public sidewalk at Bayside Drive.
The nearest building at the Cove Condominium on the east side of the project
site is three stories high and approximately 35 feet behind the public sidewalk.
Cove Condominium buildings further to the east are set back greater distances
from the street. A 10 foot high privacy wall extends along much of the Cove
frontage; however, at distances varying from a few inches to as much as 25 feet.
Although garages are set back a minimum of 18 feet, yards adjacent to the curb
at the loop street are proposed to be 5 feet in depth on Lots 4 through 8 and Lots
10 through 14. With no sidewalks along the private loop road, walls of dwellings
will be five feet from the street on these lots. Yards at the private street are a
minimum of 20 feet in depth on the balance of the lots. Consideration should be
given to the character of the streetscape with portions of two -story dwellings
located 5 feet behind the curb.
A fire access easement from the private driveway to the docks is shown across a
6- foot -wide side yard on the westerly side of Lot 5. Dual use as both side yard
and access easement may not be feasible since obstructions including plant
materials and fences are prohibited in an emergency access easement. A five -
foot side yard on Lot 5, in addition to the 6 -foot easement, should be considered.
After consideration, the Planning Commission should determine the appropriate
minimum yard dimensions for inclusion in conditions of approval for the Use
Permit. A recommendation to City Council for approval of the Use Permit
requires Planning Commission adoption of a resolution that includes findings
together with facts supporting those findings as follow:
1. Finding
The proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
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Facts
The Tentative Tract Map and Preliminary Plan provided with this application
and subject to development standards of the Multi - Family zoning district and
the Planned Residential Development Overlay zoning district and subject to
conditions of approval set forth by the Planning Commission provide sufficient
assurance that development will be consistent with the character of the
existing neighborhood and will promote the social and economic vitality of the
neighborhood consistent with the objectives of the Zoning Code.
The proposed project is located on property designated Multi - Family
Residential in the Land Use Element of the General Plan and Multi - Family
Residential in the Zoning Code, both of which allow single - family dwellings,
and is in a predominantly residential area.
Incorporation of the Planned Residential Development Overlay (PRD) zoning
district to the underlying Multi - Family zoning district provides for residential
development subject to Use Permit conditions so that the project is consistent
with the purposes of the Mufti - Family zoning district and the PRD Overlay
zoning district.
2. Finding
The proposed location and design of the proposed use and facilities and the
proposed conditions under which the use would be operated or maintained: 1)
will be consistent with the General Plan and the purpose of the district in
which the site is located; 2) will not be detrimental to the public health, safety,
peace, morals, comfort, or welfare of persons residing or working in or
adjacent to the neighborhood of such use; and 3) will not be detrimental to the
properties or improvements in the vicinity or to the general welfare of the City
Facts
General Plan Housing Element Policy 2.2.1 requires inclusion of affordable
housing units in new residential developments or payment of an affordable
housing in -lieu fee. The proposed project will replace 64 multiple - family units,
none of which is occupied by low or moderate income households, with 17
detached, single - family dwellings. Policy 2.2.1 previously has been
determined not to apply to residential developments such as this that do not
result in a net increase, or a reduction, in the net number of units.
General Plan Housing Element Policy 2.2.3 requires inclusion of affordable
housing in residential developments in the Coastal Zone comprised of 10 or
more units. Consistent with previous implementation of this policy, a
development such as this resulting in no increase, or a net decrease, in the
number of dwellings is not subject to the Policy 2.2.3.
All potentially significant environmental effects will either be avoided or
reduced to a less than significant level through the implementation of
mitigation measures as identified in the Mitigated Negative Declaration and
the Mitigation Monitoring and Reporting Program proposed for adoption as
part of the approval process for this project.
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Potential impacts to nearby residential uses from construction generated
noise will be reduced to less than significant levels through standard
Conditions of Approval included with the Use Permit.
Nighttime lighting of the proposed residences will be substantially similar as
that of the existing residential uses on the project site and consistent with that
of nearby residential uses.
Adequate vehicular access to the site can be provided from Bayside Drive as
indicated in the Transportation /Circulation analysis in the Initial Study
prepared for this project. The project will result in a reduction in vehicular
trips to and from the site for existing levels.
Minimum yard dimensions between dwellings, between dwellings and the
private street, and setbacks from the perimeter of the tract have been
considered by the Planning Commission and set forth in the conditions of
approval of the Use Permit as appropriate within the context of the
surrounding community.
The volume of each single - family dwelling anticipated for the project site will
be less than that of each existing multiple - family residential structure on the
site and less than that of multiple - family structures on the adjoining property
to the east and across Bayside Drive to the west and, and comparable in
volume to existing single - family dwellings on the south side of Bayside Drive
to the west of the subject site.
Design and materials will be of a quality comparable to that of buildings in the
vicinity and commensurate with the highly - valued water front site for this
project.
Public Works Department "Findings and Conditions of Approval for Tentative
Tract Map (NT2004 -001)" requiring inclusion of sidewalks within the
subdivision brings the project into conformity with City Council Policy L-4.
3. Finding
The proposed residential use will comply with the provisions of the Zoning
Code including any specific condition required for the proposed use in the
district in which it would be located.
Facts
Single- family dwellings as proposed are a permitted use in the MFR and PRD
Overlay zoning districts.
Maximum permissible building height of 28 feet is included in the Conditions
of Approval consistent with the underlying MFR zoning district for this
property.
The proposed project includes on -site parking as required by Chapter 20.65
of the Zoning Code.
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The proposed project reflects a density of approximately 1 unit per 6,700
square feet which is less dense than the permitted MFR density of one unit
per 1,200 square feet.
Building coverage for the project site is 39% which is consistent with the
maximum permissible coverage for development in the PRD Overlay district
of 40 %.
Development standards for the project including minimum yard dimensions as
deemed appropriate by the Planning Commission are included as Conditions
of Approval of the Use Permit consistent with requirements of the Planned
Residential Development Overlay district.
Public Access
Access is presently provided from Bayside Drive along Promontory Channel and
the across a floating dock system connecting to the east of the project. This
means of public access was created and approved by the Coastal Commission
and the City when the Cove Condominiums and the last phase of the existing
apartments were developed in the early 1970's.
The Coastal Act requires "maximum access" to the shoreline for the public. New
developments must provide public access unless adequate access exists nearby.
Lot B of the proposed subdivision will be dedicated for public access and the
applicant plans to provide an easement for access across the existing floating
docks. The Planning Commission may want to consider requiring access along
the south side of the project to be provided at the bulkhead rather than along the
floating dock. This requirement could maximize access.
In evaluating this issue, several additional facts should be considered. The
floating walkway presently connects to a walkway along the adjoining property
(Cove Condominiums) to the east. A walkway at the bulkhead could not
physically extend onto the Cove Condominium until such time that the Cove
Condominiums are redeveloped. A psychological barrier may exist with public
access across a floating dock as they are not typically public. As a compromise,
the Commission may want to reserve the future right to have a public access
walkway at the bulkhead through requiring an irrevocable offer to dedicate an
easement along the water above the bulkhead. Maintaining the existing access
along the docks until such time as a connecting walkway at the bulkhead is
developed would be necessary. If an irrevocable offer to dedicate is required,
the Planning Commission may want to reconsider minimum building setbacks
adjacent to the future easement.
The Planning Commission should determine the whether public access proposed
by the applicant is consistent with the Coastal Act and provide direction as to any
changes to access that is considered desirable.
1(
Bayside Drive LLC. (PA2004 -072)
Page 15 of 20
Traffic Phasing Ordinance
Based on trip generation rates of the Newport Beach traffic model (NBTAM),
occupancy of the proposed seventeen single - family dwellings would generate an
average of approximately 187 vehicle trips per day. This traffic is off -set by the
traffic generated by the existing 64 apartments, which is approximately 416 trips
per day. Section 15.40.030.C.1 of the Municipal Code exempts any project that
generates fewer than 300 daily trips from the provisions of the Traffic Phasing
Ordinance. Consequently, a traffic analysis was not required or prepared for this
project.
Tentative Tract Map
The 4.78 -acre project site is subject to a ground lease and the Tentative Tract
Map will create transferable leasehold interests, rather than fee simple
ownership, in the 17 buildable lots. The Tentative Tract Map allocates land area
among the proposed uses as shown in Table 3.
Table 3 Uses and Sizes of Tract Map Lots
LOT USE LAND AREA
Lots 1 -17
Residences
2.62 acres
Lot A
Recreation /Pool Facility
0.19
Lot B
Public Pedestrian Access
0.14
Lots C-D
Landscaped Area
0.09
Lot E
Private Road
0.68
Lot F
Water Front
0.18
Lot G
Private Boat Docks
0.68
4.78 acres
Infrastructure on the project site indicated on the Tentative Tract Map includes
existing bulkheads along the west and south property lines. The map indicates
that these are to remain and be repaired, as necessary. Public utilities crossing
the site will be relocated within a proposed 20- foot -wide easement crossing the
west property line between lots 13 and 14 and then extending to Bayside Drive.
This will replace an existing utilities easement crossing east to west from
property line to property line along the northerly portion of the property. A private
storm drain easement is proposed to extend from the easterly interior.section of
the subdivision to the east property line. This easement will provide a connection
between a private storm drain from this site to an existing 36" public storm drain
within a 20- foot -wide easement parallel to the easterly map boundary on the
adjacent property to the east.
f'�
Bayside Drive LLC. (PA2004 -072)
Page 16 of 20
No sidewalks are proposed along the private loop road within the subdivision.
City Council Policy L-4 requires that private streets be constructed to the same
standards as public streets and including sidewalks.
The Planning Commission may recommend City Council approval of the
Tentative Tract Map for this project by adopting a Resolution setting for the
following findings and facts supporting these findings:
1. Finding
The proposed subdivision is consistent with and serves to implement the
policies and provisions of the General Plan.
Facts
The General Plan Land Use Element directs that all subdivisions be
consistent with the Subdivision Code. Subject to Conditions of Approval, the
Tentative Tract Map is consistent with the Subdivision Code.
2. Finding
The design or improvement of the proposed subdivision is consistent with the
General Plan.
Facts
Consistency with the City of Newport Beach Land Use Element. The
proposed project site lies within the Promontory Bay Area, as defined in the
City's Land Use Element. The Promontory Bay Area includes Harbor Island,
Linda Isle, and all the area bounded by Newport Bay, Marine
Avenue /Jamboree Road, and East Coast Highway. Existing land uses within
the Promontory Bay Area are diverse and include Single - Family Detached
Residential, Multi - Family Residential, Neighborhood Commercial,
Recreational and Marina, and Recreational and Environmental Open Space
land uses. The proposed project would be consistent with existing and
allowed land uses within the Promontory Bay Area.
The Land Use Element designates the proposed project site as Multi - Family
Residential to reflect the existing apartment complex. As previously stated,
the proposed project would establish 17 residential lots. Single- family
residences are a permitted use within sites designated for mufti- family
residences (page 23 of the Land Use Element). Therefore, the proposed
project would be consistent with the Multi - Family Residential land use
designation. It would also be consistent with applicable policies of the Land
Use Element.
Consistency with the City of Newport Beach Harbor and Bay Element. Policy
HB -1.1.2 of the Harbor and Bay Element requires that potential impacts on
water - dependent and water - related land uses and activities be considered
when reviewing proposal for land use changes. Land use changes
Bayside Drive LLC. (PA2004 -072)
Page 17 of 20
associated with the proposed project would be limited to the project site. No
adjacent properties would be impacted by the proposed project. Since no
water - related or water - dependent uses occupy the site, no impact to these
uses would occur.
Consistency with the City of Newport Beach Housing Element. The project
will eliminate 64 apartments and replace them with 17 single - family
residences for an overall reduction of 47 units. The City has approximately
14,600 rental units out of approximately 37,500 total housing units (2000
Census), and the reduction and change in housing type is not considered
significant. Goal 2 of the Housing Element states that the City will "provide a
balanced residential community, comprised of a variety of housing types,
designs, and opportunities for all social and economic segments, including
very low -, low -, moderate- and upper - income individuals and households."
The proposed project is consistent with this goal and is not inconsistent with
any other goals or policies in the Housing Element.
Consistency with the City of Newport Beach Local Coastal Program Land Use
Plan. According to the City's Local Coastal Program Land Use Plan
( LCPLUP), the proposed project is located in the Coastal Zone. Therefore, a
coastal development permit (CDP) is required from the California Coastal
Commission.
The LCPLUP references the fact that the project site is designated for Multi -
Family Residential Use and is allowed one unit for each 2,178 square feet of
buildable lot area. As previously discussed, the proposed project is
consistent with this designation.
Section 30210 -30212 of the California Coastal Act (CCA) requires that public
access and recreational opportunities be provided for all the people of the
state, that development not interfere with the public's right of access, and that
new. development provide public access to the shoreline. As previously
discussed, the proposed project would provide public access to Promontory
Bay and North Bay Front via public walkways, and would improve elements
within those walkways to meet current ADA requirements.
The proposed project is not a recreation or visitor - serving facility. It would not
require diking, dredging, filling or shoreline structures, and it does not propose
construction or expansion of public works facilities. The LCPLUP does not
identify the proposed project site as an environmentally sensitive habitat area
or hazard area.
Water and marine. resources adjacent to the proposed project site would be
protected through implementation of the Standard Conditions listed in the
Hydrology and Water Quality section, above. The proposed project would
iq
Bayside Drive LLC. (PA2004 -072)
Page 18 of 20
preserve and provide for continued operation of the existing dock areas along
North Bay Front.
Sections 30244, 30250(a), 30252, and 30253(3) and (4) of the CCA provide
criteria for the location of new development. These criteria specify that new
development should generally be concentrated in areas of existing
development, preserve public access, provide adequate support facilities
including provisions for recreational facilities, and preserve archaeological
and paleontological resources. The proposed project, as conditioned by the
standard conditions and mitigation measures contained within this document,
would fully comply with these criteria.
The LCPLUP does not list the proposed project site as a primary view area.
Consequently, it is not subject to Sections 30251 and 30253(5) of the CCA.
Since the proposed project is not a new visitor - serving facility or coastal -
dependant use and it does not require an oceanfront encroachment, the
LCPLUP's policies specific to new development are not applicable to the
proposed project.
3. Finding
The site is suitable for the type of development.
Facts
The site is generally level and currently developed with multiple - family
dwelling units at densities greater than that proposed. No problems or
adverse site conditions have been identified on the site as currently
developed. Consequently, the site is determined to be physically suited for
the development proposed.
4. Finding
The site is physically suitable for the density of development.
Facts
The site is generally level and currently developed with multiple - family
dwelling units at densities greater than that proposed. No problems or
adverse site conditions have been identified on the site as currently
developed. Consequently, the site is determined to be physically suited for
the density of development proposed.
5. Finding
The design of the subdivision and type of improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat.
ab
Bayside Drive LLC. (PA2004 -072)
Page 19 of 20
Facts
An Initial Study prepared in conjunction with this project and included in the
administrative record was the basis for adoption of a Mitigated Negative
Declaration for this project which indicated that all environmental impacts,
including those to fish, wildlife or their habitat, are less than significant or, with
mitigation, are reduced to a less than significant level.
6. Finding
The proposed subdivision is not likely to cause serious public health
problems.
Facts
An Initial Study prepared in conjunction with this project and included in the
administrative record was the basis for adoption of a Mitigated Negative
Declaration for this project which indicated that all environmental impacts,
including those that could affect human health, are less than significant or,
with mitigation, are reduced to a less than significant level.
7. Finding
The proposed subdivision will not likely conflict with easements, acquired by
the public at large, for access through or use of property within the proposed
subdivision.
Facts
The proposed subdivision is proposed to be gate - guarded and generally not
accessible to the public. An existing easement providing access to the bay
front along the westerly edge of the property is preserved with this tract map
and upgrades to physical improvements on this easement are included as
part of this project. In addition, the tentative tract map dedicates an easement
to the public for passage over a walkway along the bayfront.
Coastal Residential Development Permit
A Coastal Residential Development Permit (CRDP) was processed for this
project to implement Government Code Section 65590 (Mello Act) relative to
displacement of low and moderate income households within the Coastal Zone.
As this project proposes to remove 64 apartment units, the City required the
management of the apartment complex to identify low and moderate income
households in possession of any of the apartments proposed to be demolished.
Apartment managers sent questionnaires to current residents to determine
income levels and family sizes. Based on the survey results, City staff concluded
that none of the resident families or individuals is low or moderate - income as
defined in State law and no replacement affordable housing units is required. A
Coastal Residential Development Permit, therefore, may be approved for this
project.
oZ4
Bayside Drive LLC. (PA2004 -072)
Page 20 of 20
CONCLUSION
Issues to be resolved:
Are the setbacks proposed appropriate? Staff recommends increased
setbacks between the tract boundary along Bayside Drive and the
reconstructed privacy wall, between the privacy wall at Bayside Drive and
residences on Lots 1, 15, 16, and 17, and a larger side yard setback for
Lot 5.
2. Should public access along the south side of the project be changed?
Staff recommends an irrevocable offer to dedicate an easement along the
bulkhead.
Should sidewalks be provided? Staff recommends a sidewalk be provided
adjacent to the buildable lots.
4. Should the areas of Lots C and D (common landscaped areas) be
increased to accommodate a greater setback between Bayside Drive and
a reconstructed privacy wall? Staff recommends the widths of these lots
be sufficiently wide to accommodate a minimum 4- foot -wide landscaped
setback between the Bayside Drive tract boundary and the face of the
privacy wall.
After reviewing the Tentative Tract Map and Preliminary Plan and considering the
draft Mitigated Negative Declaration, Mitigation Monitoring and Reporting
Program, Code Amendment, and Use Permit, and after receiving public
comments, the Planning Commission may adopt a resolution recommending that
City Council adopt the Mitigated Negative Declaration and approve the project
subject to Conditions of Approval as deemed appropriate.
Prepared by:
L-f Oau"
Dav' Lepo, Hogle-I eland, Inc.
Exhibits:
1. Draft Resolution
2. Tentative Tract Map
3. Preliminary Plan
4. Mitigated Negative Declaration
Submitted by:
Patricia L. Temple, Pfanning Director
/ '
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL
ADOPT MITIGATED NEGATIVE DECLARATION (SCH NO. 2005 - 061019)
AND MITIGATION MONITORING AND REPORTING PROGRAM AND
APPROVE CODE AMENDMENT NO. 2005 -007, USE PERMIT NO. 2005-
026, TENTATIVE TRACT MAP 2004 -001 (TRACT 15323), AND COASTAL
RESIDENTIAL DEVELOPMENT PERMIT NO. 2005 -001 FOR PROPERTY
LOCATED AT 919 BAYSIDE DRIVE (PA 2004 -072).
WHEREAS, an application was filed by UGS Development Inc. for a 4.78 -acre
property identified as 919 Bayside Drive. The application requests approval of. a Code
Amendment to add the Planned Residential Development Overlay District designation to
the Multifamily Residential District zoning district designation of the subject property; a Use
Permit as required for development pursuant to zoning standards of the Planned
Residential Development Overlay District; a Tentative Tract Map subdividing the subject
property into 17 single - family lots for lease purposes and 7 lots for recreation and
swimming pool facilities, for public pedestrian access, for landscaped areas, for private
roads, for surface waters of Newport Bay, and for private boat docks; and a Coastal
Residential Development Permit ensuring compliance with State law relative to low and
moderate income housing opportunities within the Coastal Zone.
WHEREAS, in accordance with California Environmental Quality Act (CEQA)
requirements, an Initial Study and a Notice of Intent to Adopt a Mitigated Negative
Declaration were distributed to all responsible and trustee agencies and other interested
parties for a 30-day public review period commencing on June 3, 2005 and ending on
July 5, 2005.
WHEREAS, on August 18, 2005, the Planning Commission held a noticed public
hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California at which time the Mitigated Negative Declaration, together with comments
received thereon, and the Mitigation Monitoring and Reporting Program were
considered. Notice of time, place and purpose of the public hearing was given in
accordance with law and testimony was presented to and considered by the Planning
Commission at the hearing.
WHEREAS, the Land Use Element of the General Plan designates the site as
Multi- family Residential and the site is zoned MFR (Multi - Family Residential). These
designations permit single family residences.
WHEREAS, the City maintains and implements development standards through
the Zoning Ordinance which enables adoption of a Planned Residential Development
Overlay District for properties in a residential district and approval of Use Permits.
N
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 21
WHEREAS, the proposed project is subject to a Use Permit as required by the
Planned Residential Development Overlay district development standards. The location
and design of the proposed use and facilities and the proposed conditions under which
the use would be operated or maintained will be consistent with the General Plan and
the purpose of the district in which the site is located; will not be detrimental to the
public health, safety, peace, morals, comfort, or welfare of persons residing or working
in or adjacent to the neighborhood of such use; and will not be detrimental to the
properties or improvements in the vicinity or to the general welfare of the City for the
following reasons:
1. Finding
The proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
Facts
The Tentative Tract Map and Preliminary Plan provided with this application
and subject to development standards of the Multi - Family zoning district and
the Planned Residential Development Overlay zoning district and subject to
conditions of approval set forth by the Planning Commission provide sufficient
assurance that development will be consistent with the character of the existing
neighborhood and will promote the social and economic vitality of the
neighborhood consistent with the objectives of the Zoning Code.
The proposed project is located on property designated Multi - Family
Residential in the Land Use Element of the General Plan and Multi - Family
Residential in the Zoning Code, both of which allow single - family dwellings, and
is in a predominantly residential area.
Incorporation of the Planned Residential Development Overlay (PRD) zoning
district to the underlying Multi - Family zoning district provides for residential
development subject to Use Permit conditions so that the project is consistent
with the purposes of the Multi - Family zoning district and the PRD Overlay
zoning district.
2. Finding
The proposed location and design of the proposed use and facilities and the
proposed conditions under which the use would be operated or maintained will
be consistent with the General Plan and the purpose of the district in which the
site is located; will not be detrimental to the public health, safety, peace,
morals, comfort, or welfare of persons residing or working in or adjacent to the
neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the City
91
City of Newport Beach
Planning Commission Resolution No.
Page 3 of 21
Facts
All potentially significant environmental effects will either be avoided or reduced
to a less than significant level through the implementation of mitigation
measures as identified in the Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program proposed for adoption as part of the
approval process for this project.
Potential impacts to nearby residential uses from construction generated noise
will be reduced to less than significant levels through standard Conditions of
Approval included with the Use Permit.
Nighttime lighting of the proposed residences will be substantially similar as
that of the existing residential uses on the project site and consistent with that
of nearby residential uses.
Adequate vehicular access to the site can be provided from Bayside Drive as
indicated in the Transportation /Circulation analysis in the Initial Study prepared
for this project. The project will result in a reduction in vehicular trips to and
from the site for existing levels.
Minimum yard dimensions between dwellings, between dwellings and the
private street, and setbacks from the perimeter of the tract have been
considered by the Planning Commission and set forth in the conditions of
approval of the Use Permit as appropriate within the context of the surrounding
community.
The volume of each single - family dwelling anticipated for the project site will be
less than that of each existing multiple - family residential structure on the site
and less than that of multiple - family structures on the adjoining property to the
east and across Bayside.Drive to the west and, and comparable in volume to
existing single - family dwellings on the south Side of Bayside Drive to the west
of the subject site.
Design and materials will be of quality comparable to that of buildings in the
vicinity and commensurate with the highly - valued water front site for this
project.
Public Works Department "Findings and Conditions of Approval for Tentative
Tract Map (NT2004- 001)" requiring inclusion of sidewalks within the subdivision
brings the project into conformity with City Council Policy L-4.
3. Finding
The proposed residential use will comply with the provisions of the Zoning
Code including any specific condition required for the proposed use in the
district in which it would be located.
9"Y
City of Newport Beach
Planning Commission Resolution No.
Page 4 of 21
Facts
Single- family dwellings as proposed are a permitted use in the MFR and PRD
Overlay zoning districts.
Maximum permissible building height of 28 feet is included in the Conditions of
Approval consistent with the underlying MFR zoning district for this property.
The proposed project includes on -site parking as required by Chapter 20.65 of
the Zoning Code.
The proposed project reflects a density of approximately 1 unit per 6,700
square feet which is less dense than the permitted MFR density of one unit per
1,200 square feet.
Building coverage for the project site is 39% which is consistent with the
maximum permissible coverage for development in the PRD Overlay district of
40 %.
Development standards for the project including minimum yard dimensions as
deemed appropriate by the Planning Commission are included as Conditions of
Approval of the Use Permit consistent with requirements of the Planned
Residential Development Overlay district.
WHEREAS, the Tentative Tract Map subject to conditions of approval includes
required information including legal description of property, ownership, existing and
proposed uses and improvements, proposed lot sizes, existing and proposed
infrastructure, and public and private easements in compliance with the Subdivision
Code and will not result in a detriment to the public health, safety, peace, morals,
comfort, or welfare of persons residing or working in or adjacent to the neighborhood of
such use, and will not be a detriment to the properties or improvements in the vicinity or
to the general welfare of the City for the following reasons:
1. Finding
The proposed subdivision is consistent with and serves to implement the
policies and provisions of the General Plan.
Facts
The General Plan Land Use Element directs that all subdivisions be consistent
with the Subdivision Code. Subject to Conditions of Approval, the Tentative
Tract Map is consistent with the Subdivision Code.
2. Finding
M
City of Newport Beach
Planning Commission Resolution No.
Page 5 of 21
The design or improvement of the proposed subdivision is consistent with the
General Plan.
Facts
Consistency with the City of Newport Beach Land Use Element. The proposed
project site lies within the Promontory Bay Area, as defined in the City's Land
Use Element. The Promontory Bay Area includes Harbor Island, Linda Isle,
and all the area bounded by Newport Bay, Marine Avenue /Jamboree Road,
and East Coast Highway. Existing land uses within the Promontory Bay Area
are diverse and include Single - Family Detached Residential, Multi - Family
Residential, Neighborhood Commercial, Recreational and Marina, and
Recreational and Environmental Open Space land uses. The proposed project
would be consistent with existing and allowed land uses within the Promontory
Bay Area.
The Land Use Element designates the proposed project site as Multi - Family
Residential to reflect the existing apartment complex. As previously stated, the
proposed project would establish 17 residential lots. Single - family residences
are a permitted use within sites designated for multi - family residences (page 23
of the Land Use Element). Therefore, the proposed project would be consistent
with the Multi - Family Residential land use designation. It would also be
consistent with applicable policies of the Land Use Element.
Consistency with the City of Newport Beach Harbor and Bay Element. Policy
HB -1.1.2 of the Harbor and Bay Element requires that potential impacts on
water - dependent and water - related land uses and activities be considered
when reviewing proposal for land use changes. Land use changes associated
with the proposed project would be limited to the project site. No adjacent
properties would be impacted by the proposed project. Since no water - related
or water - dependent uses occupy the site, no impact to these uses would occur.
Consistency with the City of Newport Beach Housing Element. The project will
eliminate 64 apartments and replace them with 17 single - family residences for
an overall reduction of 47 units. The City has approximately 14,600 rental units
out of approximately 37,500 total housing units (2000 Census), and the
reduction and change in housing type is not considered significant. Goal 2 of
the Housing Element states that the City will "provide a balanced residential
community, comprised of a variety of housing types, designs, and opportunities
for all social and economic segments, including very low -, low -, moderate- and
upper - income individuals and households." The proposed project is consistent
with this goal and is not inconsistent with any other goals or policies in the
Housing Element.
N
City of Newport Beach
Planning Commission Resolution No.
Page 6 of 21
Plan. According to the City's Local Coastal Program Land Use Plan ( LCPLUP),
the proposed project is located in the Coastal Zone. Therefore, a coastal
development permit (CDP) is required from the California Coastal Commission.
The LCPLUP references the fact that the project site is designated for Multi -
Family Residential Use and is allowed one unit for each 2,178 square feet of
buildable lot area. As previously discussed, the proposed project is consistent
with this designation.
Section 30210 -30212 of the California Coastal Act (CCA) requires that public
access and recreational opportunities be provided for all the people of the state,
that development not interfere with the public's right of access, and that new
development provide public access to the shoreline. As previously discussed,
the proposed project would provide public access to Promontory Bay and North
Bay Front via public walkways, and would improve elements within those
walkways to meet current ADA requirements.
The proposed project is not a recreation or visitor - serving facility. It would not
require diking, dredging, filling or shoreline structures, and it does not propose
construction or expansion of public works facilities. The LCPLUP does not
identify the proposed project site as an environmentally sensitive habitat area
or hazard area.
Water and marine resources adjacent to the proposed project site would be
protected through implementation of the Standard Conditions listed in the
Hydrology and Water Quality section, above. The proposed project would
preserve and provide for continued operation of the existing dock areas along
North Bay Front.
Sections 30244, 30250(a), 30252, and 30253(3) and (4) of the CCA provide
criteria for the location of new development. These criteria specify that new
development should generally be concentrated in areas of existing
development, preserve public access, provide adequate support facilities
including provisions for recreational facilities, and preserve archaeological and
paleontological resources. The proposed project, as conditioned by the
standard conditions and mitigation measures contained within this document,
would fully comply with these criteria.
The LCPLUP does not list the proposed project site as a primary view area.
Consequently, it is not subject to Sections 30251 and 30253(5) of the CCA.
Since the proposed project is not a new visitor - serving facility or coastal -
dependant use and it does not require an oceanfront encroachment, the
3b
City of Newport Beach
Planning Commission Resolution No.
Page 7 of 21
LCPLUP's policies specific to new development are not applicable to the
proposed project.
3. Finding
The site is suitable for the type of development.
Facts
The site is generally level and currently developed with multiple - family dwelling
units at densities greater than that proposed. No problems or adverse site
conditions have been identified on the site as currently developed.
Consequently, the site is determined to be physically suited for the
development proposed.
4. Finding
The site is physically suitable for the density of development.
Facts
The site is generally level and currently developed with multiple - family dwelling
units at densities greater than that proposed. No problems or adverse site
conditions have been identified on the site as currently developed.
Consequently, the site is determined to be physically suited for the density of
development proposed.
5. Finding
The design of the subdivision and type of improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
Facts
An Initial Study prepared in conjunction with this project and included in the
administrative record was the basis for adoption of a Mitigated Negative
Declaration for this project which indicated that all environmental impacts,
including those to fish, wildlife or their habitat, are less than significant or, with
mitigation, are reduced to a less than significant level.
6. Finding
The proposed subdivision is not likely to cause serious public health problems.
Facts
An Initial Study prepared in conjunction with this project and included in the
administrative record was the basis for adoption of a Mitigated Negative
Declaration for this project which indicated that all environmental impacts,
including those that could affect human health, are less than significant or, with
mitigation, are reduced to a less than significant level.
3t
City of Newport Beach
Planning Commission Resolution No.
Page 8 of 21
7. Finding
The proposed subdivision will not likely conflict with easements, acquired by the
public at large, for access through or use of property within the proposed
subdivision.
Facts
The proposed subdivision is proposed to be gate - guarded and generally not
accessible to the public. An existing easement providing access to the bay
front along the westerly edge of the property is preserved with this tract map
and upgrades to physical improvements on this easement are included as part
of this project. In addition, the tentative tract map dedicates an easement to the
public for passage over a walkway along the bayfront.
WHEREAS, a Coastal Residential Development Permit processed for this project
to implement provisions of the California Coastal Act relative to displacement of low and
moderate income households within the Coastal Zone indicated that demolition of
existing multiple family residential dwelling units on the project site will not result in
displacement of any low or moderate income households.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach does hereby
find, on the basis of the whole record, that there is no substantial evidence that the project
will have a significant effect on the environment and that the Mitigated Negative
Declaration reflects the Planning Commission's independent judgment and analysis. The
Planning Commission hereby recommends that the City Council adopt Mitigated
Negative Declaration SCH No. 2005- 061019 and the Mitigation Monitoring and
Reporting Program included therewith. The documents and all material which constitute
the record upon which this decision was based are on file with the Planning Director,
City Hall, 3300 Newport Boulevard, Newport Beach, California.
Section 2. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council approve Code Amendment No. 2005 -007, Use
Permit No. 20056 -026, Tentative Tract Map No. 2004 -001 (TR15323), and Coastal
Residential Development Permit No. 2005 -01 all subject to Conditions of Approval in
Exhibit "A" attached hereto and made part hereof.
Section 3. The Zoning Map is revised as indicated in Exhibit "B" attached hereto
and made part hereof.
RM
City of Newport Beach
Planning Commission Resolution No.
Page 9 of 21
ADOPTED THIS 18'h DAY OF AUGUST 2005.
M
93
Michael Toerge, Chairman
Barry Eaton, Secretary
AYES:
NOES:
ABSENT:
*3
City of Newport Beach
Planning Commission Resolution No. _
Page 10 of 21
Exhibit "A"
CONDITIONS OF APPROVAL
Newport Tract No. 2004 -001 (TTM No. 15323)
. USE PERMIT NO. 2005 -026
1. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
2. The development shall be in substantial conformance with the approved Tentative
Tract as Exhibit No. 1 and the Preliminary Plan marked as Exhibit No. 2 to Planning
Commission Staff Report for PA 2004 -072 dated August 18, 2005.
3. Development of the project site shall conform to all applicable Municipal Code
requirements including those of the Zoning Code and Subdivision Code except as
indicated in the zoning standards adopted through approval of this Use Permit
pursuant to the Planned Residential Development Overlay district and included
here as Attachment 1 and by reference made part of these "Conditions ".
4. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under
which it is being operated or maintained is detrimental to the public health,
welfare or materially injurious to property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance.
5. The applicant is required to obtain all applicable permits from the City Building and
Fire Departments. The construction plans must comply with the most recent, City-
adopted version of the California Building Code.
6. Any change in operational characteristics, expansion in area, or other
modification to the approved plans, shall require an amendment to this Use
Permit or the processing of a new Use Permit.
The applicant shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use may be cause for
revocation of this Use Permit.
8. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
9. Use Permit No. 2005 -026 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050 of the Newport Beach Municipal
Code, unless an extension is otherwise granted.
3A
City of Newport Beach
Planning Commission Resolution No. _
Page 11 of 21
10. Should this site be sold or otherwise come under different ownership or be
operated by a different entity than the applicant, any future owners, assignees or
operators shall be noted of the conditions of this approval by the current owner or
leasing company.
11. The facility shall be designed to meet exiting and fire protection requirements as
specified by the Uniform Building Code and shall be subject to review and
approval by the Newport Beach Building Department and the Fire Department.
12. The proposed project shall conform to the requirements of the Uniform Building
Code, any local amendments to the UBC, and State Disabled Access
requirements, unless otherwise approved by the Building Department.
13. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
14. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be
sound attenuated in accordance with Chapter 10.26 of the Newport Beach
Municipal Code, Community Noise Control.
15. A sign plan shall be submitted for review for conformity with Chapter 20.67 of the
Zoning Code. The final location of the signs shall be reviewed by the City Traffic
Engineer and shall conform to City Standard 110 -L to ensure that adequate sight
distance is provided.
16. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
17. The Developer shall file one (1) Final Tract Map (Map).
18. The Map shall be prepared on the California coordinate system (NAD88). Prior
to recordation of the Map, the surveyor /engineer preparing the Map shall submit
to the County Surveyor and the City of Newport Beach a digital- graphic file of
said map in a manner described in the Orange County Subdivision Code and
Orange County Subdivision Manual. The Map to be submitted to the City of
Newport Beach shall comply with the City's CADD Standards. Scanned
images will not be accepted.
19. Prior to recordation, the Map shall tie the boundary of the map into the Horizontal
Control System established by the County Surveyor in a manner described in
Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and
3�
City of Newport Beach
Planning Commission Resolution No. _
Page 12 of 21
Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron
pipe with tag) shall be set On Each Lot Comer unless otherwise approved by the
City Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
20. A hydrology and hydraulic study shall 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 Map.
21. Submit written documentation from the holders of the various existing easements
that they have reviewed and agreed with the quitclaim of their respective
easements as proposed by the Developer.
22. Easements for public emergency and security ingress /egress, weekly refuse
service, and public utility purposes on all private streets shall be dedicated to the
City. Said easements shall be shown on the tract maps.
23. No structures shall be constructed within the limits of any utilities easements.
24. All applicable fees shall be paid prior to the City approval of the Final Tract Map.
25. Construction surety in a form acceptable to the City, guaranteeing the completion
of the various required public improvements, shall be submitted to the Public
Works Department prior to the City approval of the Final Tract Map.
26. All improvements within the public right -of -way shall be designed and
constructed per City Standards. A minimum 12 -foot wide concrete sidewalk/bike
path behind the street curb face is required along the Bayside Drive frontage.
27. In the event that private construction work damaged existing public
improvements surrounding the site, the Public Works Inspector at his discretion
will require additional public works reconstruction work as needed.
28. The centerline of the curb access ramps proposed at the development site
entrance shall parallel with the Bayside Drive roadway alignment.
29. The construction of bulkhead and gangways requires separate plan check and
permits.
30. The construction of bulkhead and gangways shall be performed only during
periods of low tide. Plastic sheeting shall be placed below the work location to
collect the fallen construction debris. The collected debris shall be removed and
disposed of at the end of each workday.
J'(6
City of Newport Beach
Planning Commission Resolution No.
Page 13 of 21
31. Prior to the construction of bulkhead and gangways, a determination shall be
made by a qualified biologist as to the existence of eelgrass surrounding /nearby
the work site. In case of eelgrass, the Developer shall coordinate with the City's
Harbor Resources Division to apply for and obtain the required permits from The
US . Army Corps of Engineers, The US Wildlife and Fishery Service, The
California Coastal Commission, and other agencies for the work.
32. All improvements shall be designed and constructed in accordance with the
current edition of the City Design Criteria, Standard Special Provisions, and
Standard Drawings.
33. Street, drainage and utility improvements shall be submitted on City standard
improvement plan formats. All of the plan sheets shall be prepared by California
licensed professionals responsible for the designs shown on the Plans.
34. The entry gate, when fully opened, shall have a minimum 14 feet clearance to
stay clear of the travel path of vehicles making right turns into the Tract. All gates
to property shall be automatic and provided with opticom and knox key
35. All on -site drainage, sanitary sewer, water, and electrical systems shall be
owned, operated, and maintained by the Homeowners Association.
36. There are existing drainage outlets within the existing seawalls that discharge on-
site runoff into the Bay. Submit details on the disposition of these existing
drainage outlets. If these outlets are to remain in place, submit details as to how
these outlets will be modified to meet the City's on -site runoff retention water
quality requirements.
37. All storm drain and sanitary sewer mains shall be installed with MacWrap.
38. Concrete sidewalk shall be provided along the frontage(s) of all dwelling units to
provide pedestrian access throughout the development. All curb return radii shall
be 15 -feet (15) minimum.
39. ADA compliant curb access ramps shall be constructed at all interior curb
returns.
40. Each dwelling unittbuilding shall be served with an individual water service and
sewer lateral connection to the public water and sewer systems unless otherwise
approved by the Public Works Department and the Building Department.
41. All overhead utilities serving the Development shall be made underground.
31
City of Newport Beach
Planning Commission Resolution No.
Page 14 of 21
42. The intersection of the driveways with Bayside Drive shall be designed to provide
sight distance for a secondary roadway per City of Newport Beach Standard
Drawing STD - 110 -L. Slopes, landscaping, walls, signs and other obstructions
shall be considered in the sight distance requirements. Landscaping within the
sight lines (sight cone) shall not exceed 24- inches in height and the monument
identification sign must be located outside the line of sight cone. The sight
distance may be modified at non - critical locations, subject to approval by the
Traffic Engineer.
43. The project shall provide and maintain 45 feet of vehicle stacking distance prior
to the entry call box measured from the property line. Two entry lanes shall be
provided, one lane for guest call box use and one for residential use.
44. The project shall comply with City Council Policy L-4. Per City Council Policy L-
4, minimum widths for private streets shall be 36 feet measured curb to curb
when parking is allowed on both sides of the street and 32 feet measured curb to
curb when parking is allowed on one side or no parking is allowed. On- street
parking spaces shall be 8'x 22' minimum.
45. The project shall comply with City Council Policy L -2. Per City Council Policy L-
2, the width of the driveway approach bottom shall not exceed 20 feet for a two-
car garage, 25 feet for a three -car garage and 32 feet for a four -car garage.
46. On -site parking, vehicular circulation and pedestrian circulation system shall be
subject to further review by the City Traffic Engineer.
47. The California Vehicle Code shall be enforced on the private streets and drives.
Delineation acceptable to the Police Department and Public Works Department
shall be provided along the sidelines of the private streets and drives.
48. The applicant shall provide a Class III standpipe system at existing dock and all 2
% connections at bulkhead shall be removed.
49. The applicant shall provide fire department connection for the docks on Bayside
Drive. Fire Department connection shall be located within 150 feet of a public
hydrant on same side of street.
50. Automatic fire extinguishing system required shall be for residential units when
the total floor area exceeds 5,000 square feet.
51. Turning radius for fir apparatus shall not be less than 20 feet inside radius and 40
feet outside radius. Show on plan.
City of Newport Beach
Planning Commission Resolution No. _
Page 15 of 21
52. Any obstructions in required for access roadways, including speed bumps and
speed humps, are prohibited.
53. The applicant shall provide on -site public fire hydrants with the number and
location to be determined by the Fire Department.
54. Prior to the issuance of grading /building permits, the final design of all required
off -site right of way improvements shall be reviewed and approved by the Public
Works Department and Traffic Engineer.
55. Prior to the issuance of aradina /building permits, the applicant shall prepare a
construction phasing plan and construction delivery plan that includes routing of
large vehicles. The plan shall include a haul route plan for review and approval of
the Public Works Department. Said plan shall specify the routes to be traveled,
times of travel, total number of trucks, number of trucks per hour, time of
operation, and safety/congestion precautions (e.g., signage, flagmen). Large
construction vehicles shall not be permitted to travel narrow streets and alleys as
determined by the Public Works Department. Traffic control and transportation of
equipment and materials shall be conducted in accordance with state and local
requirements.
56. Prior to the issuance of grading /building permits, the applicant shall provide
designs for building foundations and slabs appropriate to mitigating liquefaction
hazard.
57. Prior to the issuance of grading/building permits, the applicant shall provide
results from an inspection by a qualified engineer indicating the condition of the
seawalls and tiebacks and make repairs to same as necessary.
58. Prior to the issuance of a aradina permit, a Stormwater Pollution Prevention Plan
( SWPPP) shall be prepared and approved by the City of Newport Beach as the
local permitting agency in accordance with the requirements of the Regional
Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to
eliminate and /or minimize stormwater pollution prior to, and during construction.
The SWPPP shall require construction to occur in stages and stabilized prior to
disturbing other areas and require the use of temporary diversion dikes and basins
to trap sediment from run -off and allow clarification prior to discharge.
59. Prior to the issuance of a grading permit, the applicant shall prepare a Water
Quality Management Plan (WQMP) specifically identifying the Best Management
Practices (BMP's) that will be used on site to control predictable pollutant runoff.
The plan shall identify the types of structural and non - structural measures to be
used. The plan shall comply with the Orange County Drainage Area
Management Plan (DAMP). Particular attention should be addressed to the
3N
City of Newport Beach
Planning Commission Resolution No.
Page 16 of 21
appendix section "Best Management Practices for New Development." The
WQMP shall clearly show the locations of structural BMP's, and assignment of
long term maintenance responsibilities (which shall also be included in the
Maintenance Agreement). The plan shall be prepared to the format shown in
"Attachment C" of the DAMP title "Water Quality Management Plan Outline" and
be subject to the approval of the City.
60. Prior to the issuance of a aradina permit, the applicant shall obtain a NPDES
permit. The applicant shall incorporate storm water pollutant control into erosion
control plans using BMPs to the maximum extent possible. Evidence that proper
cleareances have been obtained through the State Water Resources Control
Board shall be given to the Building Department prior to issuance of grading
permits.
61. Prior to the issuance of a grading permit, the applicant shall submit evidence to
the City Building Official that the applicant has obtained coverage under the
NPDES statewide General Construction Activity Stormwater Permit from the
State Water Resources Control Board.
62. Prior to issuance of a grading permit, the project applicant shall document to the
City of Newport Beach Building Department that all facilities will be designed and
constructed to comply with current seismic safety standards and the current City-
adopted version of the Uniform Building Code.
63. Prior to issuance of a -grading permit, a geotechnical report shall submitted with
construction drawings for plan check. The Building Department shall ensure that
the project complies with the geotechnical recommendations included in the
" Geotechnical Investigation" (Petra, 2004), as well as additional requirements, if
any, imposed by the Newport Beach Building Department.
64. Prior to issuance of a aradina permit, the applicant shall provide written evidence
to the Planning Director that a qualified archaeologist has been retained to
observe grading activities and conduct salvage excavation of archaeological
resources as necessary. The archaeologist shall be present at the pre - grading
conference, shall establish procedures for archaeological resource surveillance,
and shall establish, in cooperation with the applicant, procedures for temporarily
hafting or redirecting work to permit the sampling, identification and evaluation of
the artifacts as appropriate. If additional or unexpected archaeological features
are discovered, the archaeologist shall report such findings to the applicant and
to the Planning Department. If the archaeological resources are found to be
significant, the archaeological observer shall determine appropriate actions, in
cooperation with the applicant, for exploration and/or salvage. These actions, as
well as final mitigation and disposition of the resources, shall be subject to the
approval of the Planning Director.
1�
City of Newport Beach
Planning Commission Resolution No.
Page 17 of 21
65. Prior to issuance of a aradinq permit, the applicant shall provide written evidence
to the Planning Department that a qualified paleontologist has been retained to
observe grading activities and salvage fossils as necessary. The paleontologist
shall be present at the pre - grading conference, shall establish procedures for
.paleontological resource surveillance, and shall establish, in cooperation with the
applicant, procedures for temporarily halting or redirecting work to permit the
sampling, identification and evaluation of fossils. If major paleontological
resources are discovered which require long term baiting or redirecting of
grading, the paleontologist shall report such findings to the applicant and to the
Planning Department. The paleontologist shall determine appropriate actions, in
cooperation with the applicant, which ensure proper exploration and/or salvage.
These actions, as well as final mitigation and disposition of the resources, shall
be subject to the approval of the Planning Director.
66. Prior to the issuance of a aradinq permit, a detailed acoustical analysis shall be
prepared by a qualified acoustical consultant and submitted to the City. This
acoustical analysis shall describe and quantify the noise sources impacting the
area and the measures required to meet the 65 CNEL exterior residential noise
standard. The final grading plans shall incorporate the noise barriers required by
the analysis and the property owner/developer shall install these barriers.
67. Prior to the issuance of a aradinq or building permit, the applicant shall submit an
asbestos abatement and removal plan to the City Building Official for approval.
The abatement and removal plan shall comply with notification and asbestos
removal procedures outlined in SCAQMD Rule 1403 to reduce asbestos related
health issues.
68. Prior to the issuance of a grading or building permit, the applicant shall submit a
lead -based paint abatement and removal plan in accordance with all applicable
federal, state, and local regulatory requirements to the City Building Official for
approval.
69. Prior to the issuance of a grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the
City Building Official, to demonstrate compliance with local and state water
quality regulations for grading and construction activities. The ESCP shall
identify how all construction materials, wastes, grading or demolition debris, and
stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered,
stored, and secured to prevent transport into local drainages or coastal waters by
wind, rain, tracking, tidal erosion, or dispersion. The ESCP shall also describe
how the applicant will ensure that all Best Management Practices (BMPs) will be
maintained during construction of any future public right -of -ways. A copy of the
current ESCP shall be kept at the project site and be available for City of
Newport Beach review on request
q1
City of Newport Beach
Planning Commission Resolution No. _
Page 18 of 21
70. Prior to the issuance of a building permit, the applicant shall submit a landscape
and irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and
the plans shall be approved by the Planning Department, General Services
Department and Public Works Department. All planting areas shall be provided
with a permanent underground automatic sprinkler irrigation system of a design
suitable for the type and arrangement of the plant materials selected. The
irrigation system shall be adjustable based upon either a signal from a satellite or
an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be
protected by a continuous concrete curb or similar permanent barrier.
Landscaping shall be located so as not to impede vehicular sight distance to the
satisfaction of the Traffic Engineer.
71. Prior the issuance of a building permit, the project shall be reviewed by the
Building Department to verify compliance with the following requirements:
a. Project design must comply with the 1997 Uniform Building Code (UBC)
seismic design criteria.
b. Structure setback must comply with either the 1997 Uniform Building Code
(UBC) or the Orange County Grading Manual.
C. Any imported soil for general grading shall have an Expansion Index of
less than 60.
d. Control site drainage.
e. Design footing embedments to resist the effects of expansive soil.
f. Maintain a proportionately high dead load component on foundations.
g. Over- excavate and moisture soils condition below foundations, floor slabs
and hardscape.
h. Use of articulation and reinforcement of concrete slabs and footings.
i. Use of rigid foundation and floor slabs.
72. Prior to the issuance of a certificate of occupancy, the applicant shall schedule
an inspection by the Code and Water Quality Enforcement Division to confirm
that all landscaping materials and irrigation systems have been installed in
accordance with the approved plans.
73. Prior to issuance of the certificate of occupancy or final of building permits, the
applicant shall schedule an evening inspection by the Code and Water Quality
Enforcement Division to confirm control of light and glare as specified in these
conditions.
74. During construction of the proposed improvements:
01.1
City of Newport Beach
Planning Commission Resolution No. _
Page 19 of 21
a. construction vehicles shall not block roadways on any roads adjacent to
the project site or any of the roads leading to or from the project site;
b. construction equipment will be properly maintained at an off -site location
and includes _ proper tuning and timing of engines. Equipment
maintenance records and equipment design specification data sheets
shall be kept on -site during construction;
C. all contractors will be advised not to idle construction equipment on site for
more than ten minutes;
d. on -site diesel fueled construction equipment will be fueled with aqueous
diesel fuel;
e. cover all trucks hauling soil, sand, and other loose materials, or require. all
trucks to maintain at least two feet of freeboard;
f. pave, water (three times daily), or apply non -toxic soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction
sites;
g. sweep all paved access roads, parking areas, and staging areas at
construction sites daily with water sweepers;
h. Sweep streets daily with water sweepers if visible soil material is carried
onto adjacent public streets;
i. hydroseed or apply non -toxic stabilizers to inactive construction areas;
j. enclose, cover, water (twice daily), or apply non -toxic soil binders to
exposed stockpiles (dirt, sand, etc.);
k. limit traffic speeds on unpaved roads to 15 miles per hour;
I. install sandbags or other erosion control measures to prevent silt runoff to
public roadways during;
M. replant vegetation in disturbed areas as quickly as possible;
n. all construction equipment shall be properly tuned and maintained;
o. contractors shall maintain and operate construction equipment so as to
minimize exhaust emissions;
P. trucks and vehicles in loading or unloading queues shall not idle;
q. construction activities shall be staged and scheduled to avoid emissions
peaks, and discontinued during second -stage smog alerts
q%*b
City of Newport Beach
Planning Commission Resolution No. _
Page 20 of 21
75. During construction of the proposed improvements, in accordance with Public
Resources Code 5097.94, if human remains are found, the Orange County
coroner must be notified within 24 hours of the discovery. If the coroner
determines that the remains are not recent, the coroner will notify the Native
American Heritage Commission in Sacramento to determine the most likely
descendent for the area. The designated Native American representative then
determines in consultation with the property owner the disposition of the human
remains.
76. The applicant shall be responsible for the payment of all administrative costs
identified by the Planning Department within 30 days of receiving a final notification
of costs or prior to the issuance of a Building Permit.
77. All landscape materials and landscaped areas shall be installed and maintained
in accordance with 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.
tq
City of Newport Beach
Planning Commission Resolution No.
Page 21 of 21
Exhibit "B"
45
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45
Attachment 1
Conditions of Approval
Use Permit No. 2005 -026
Zoning Standards for Use Permit No. 2005 -026 (919 Bayside Drive)'
' Except as indicated, provisions of Zoning Code shall apply
2 Lot area less minimum front, side, and rear yard areas
3 1.75 X Maximum buildable area and not including maximum 400 sq. ft. permitted for enclosed parking
Lots 1, 15, 16, & 17, minimum 10' yard required adjacent to public right -of -way
5 Water -side yard deemed "Front yard" for Lots 3 -15 (see Tract Map)
6 6' required to accommodate 6' "Fire Access Easement" per Tract Map
Lots 9 & 10, side yard adjacent to "pedestrian access easement" per Tract Map measured from easement
a Minimum 20' required at southerly 55' of front yard; minimum 15' required at northerly 42' per Tract Map
LP
Maximum
Minimum
Buildable
Maximum
Lot Area
Area
Floor
Minimum Yards
(Sq. Ft.)
(Sq. Ft. )2
Area'
Front
Side
Rear
bay
street
Lot
1
6,848
4,237
7,415
35'
5i4
10'
2
5,818
3,172
5,551
20'
5'
10'
3
10,754
6,230
10,902
18'5
5'
10'
4
7,800
4,649
8,135
25'
5'
5'
5
8,547
5,124
8,967
25'
5'16'6
5'
6
6,500
3,740
6,545
25'
5'
5'
7
8,125
4,899
8,573
25'
5'
5'
8
6,500
3,649
6,386
25'
5'
5'
9
8,148
4,666
8,166
20'
5'
5'7
10
7,155
4,113
7,198
20'
5'
5'
11
6,000
3,540
6,195
20'
5'
5'
12
6,000
3,540
6,195
20'
5'
5'
13
6,000
3,327
5,822
20'
5710'
5'
14
6,720
3,564
6,237
20'
51110'
5'
15
8,505
3,907
6,837
151'20'8
5'
5'
16
7,004
4,076
7,133
20'
5'
5'
17
6,182
3,578
6,261
20'
5'
5'
' Except as indicated, provisions of Zoning Code shall apply
2 Lot area less minimum front, side, and rear yard areas
3 1.75 X Maximum buildable area and not including maximum 400 sq. ft. permitted for enclosed parking
Lots 1, 15, 16, & 17, minimum 10' yard required adjacent to public right -of -way
5 Water -side yard deemed "Front yard" for Lots 3 -15 (see Tract Map)
6 6' required to accommodate 6' "Fire Access Easement" per Tract Map
Lots 9 & 10, side yard adjacent to "pedestrian access easement" per Tract Map measured from easement
a Minimum 20' required at southerly 55' of front yard; minimum 15' required at northerly 42' per Tract Map
LP
Attachment
Conditions of Approval
Use Permit No. 2005 -026
Zoning Standards for Use Permit No. 2005 -026 (919 Bayside Drive)
Maximum Building Height 28/32 height limitation zone as required by
Zoning Code, Section 20.65.040(B)
Open Space As required by Zoning Code, Section 20.10.030,
Endnote "0 ", MFR District
01
Exhibit 2
Tentative Tract Map
(Provided Separately Due to Bulk)
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Exhibit 3
Preliminary Plan
(Provided Separately Due to Bulk)
53
I'ONI Ke IS 303UOWYSItl9�9 ®I� &°d II�S I �IIII�i41 ' d
Exhibit 4
Mitigated Negative Declaration
Responses to Comments
Mitigation Monitoring and Reporting Program
51
MITIGATED NEGATIVE DECLARATION
919 BAYSIDE DRIVE RESIDENTIAL PROJECT
State Clearinghouse Number 2005061019
Lead Agency:
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Responses Prepared by:
BonTerra Consulting
City of Newport Beach Planning Department
June 2005
S'�
919 8ayside Drive
ftfial StadylM,tigafed Negative Declaration
ENVIRONMENTAL CHECKLIST FORM
1. Project Title: 919 Bayside Drive
2. Lead Agency Name and Address: City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California 92663
3. Contact Person and Phone Number: Gregg Ramirez, Planning Department, (949) 6443219
4. Project Location: 919 Bayside Drive, Newport Beach, CA 92660
5. Project Sponsor's Name and Address: UGS Development Inc., 537 Newport Center Drive
Suite 380, Newport Beach, CA 92660
6. General Plan Designation: Multi- Family Residential (MFR)
7. Zoning Designation: MFR (2178), 2,178 Square Feet of Lot Area per Unit
8. Discretionary Actions Required
• Code Amendment No. 2005 -007
• Use Permit No. 2005 -026
• Tentative Tract Map No. 2004 -001 (TR15323)
• Coastal Residential Development Permit No. 2005 -001
9. Description of Project:
The applicant requests approval of a code amendment, tentative tract map, use permit and
coastal residential development permit to allow the development of a gated residential
community. The site is approximately 4.78 acres. The site is currently occupied by a
64 -unit apartment complex and private boat docks. Tentative Tract Map No. 15323
proposes to establish 17 individual residential lots, 1 common recreational lot with a possible
pool and trellis structure, 2 landscape /open space lots, and waterfront and dock lots. A
request to re-zone the site by applying the Planned Residential Development (PRO) overlay
to the existing MFR (2178) is also included. The proposed PRD overlay and accompanying
use permit would establish development regulations related to lot coverage and setbacks.
Approval of the coastal residential development permit is required as 64 residential units are
being demolished within the coastal zone and the project must be reviewed for compliance
with the Mello Act. The project also includes the demolition of the existing Newport Marina
Apartments, grading, installation of utilities, private streets, landscaping, site lighting, site
walls, water quality improvements, access easements and upgrades to the public right -of-
way adjacent to the project site.
Access to the docks is provided via the existing gangplanks. The existing bulkhead is not
proposed to be altered; however, prior to construction, the bulkhead and tieback system will
be inspected by the Building Department to determine if routine repair and maintenance of
the existing fixture is required to ensure stability of the project site.
With respect to Fire Department improvements, the proposed project would remove the four
(4) existing 2.5 -inch Fire Department connections at the bulkhead and replace them with a
Class III standpipe. The proposed project shall also ensure that any gates provided on fire
access roadways are automatic with strobes and Knox key switches, which are keyed for
the City of Newport Beach.
R:wrpeas�Ne yomioorus -mNa oselas.aac 1 City of Aewport Beach
V1 1
919 Bayside drive
Initial StudyJMidgated Negative Oeolaration
Public access to North Bay Front would be preserved via a 6 -foot walkway, which would be
dedicated to the City of Newport Beach. The proposed project would also reconstruct the
existing concrete steps within the northerly portion of Lot B, which provides public
ingress/egress between Bayside Drive and Newport Bay, and the existing concrete walkway
within the southerly portion of Lot B to meet current Americans with Disabilities Act (ADA)
requirements.
A request to re -zone the site by applying the Planned Residential Development (PRD)
overlay to the existing MFR zoning (2178) is also included. The proposed PRD overlay and
accompanying use permit would establish development regulations related to lot coverage
and setbacks. As detailed in TTM 15323 (May 10, 2005), the proposed project would
provide 19 on- street parking positions as well as 48 covered parking positions. Front yard
setbacks from interior streets would range between 5 and 18 feet, setbacks from the bay
would range between 15 and 25 feet, and side yard setbacks would be a minimum of five (5)
feet.
The proposed project would involve demolition of the existing Newport Marina Apartment
complex, relocation of existing sewer and water lines internal to the site, relocation of
existing and installation of new utilities on -site, grading, construction of private streets
internal to the project site, landscaping, installation of site lighting, removal of existing site
walls and entrances, construction of 6 -foot high walls around the perimeter of the site,
construction of a new gated entrance providing access to/from Bayside Drive, water quality
improvements and access easements. All proposed utilities to the 17 homes would be
underground.
Off -Site Proiect Features
The proposed project would install a new 24" water line in the public right of way on the
south side of Bayside Drive parallel and adjacent to the project site. it would also install a
new 8" water line within the public right of way on the south side of Bayside Drive to connect
to the existing 24" water line. In addition, the proposed project would move existing gas lines
within public right of way northwest of project site and relocate those gas lines to a utility
easement within the site.
The proposed project would also upgrade the public right of way adjacent to the project site
by reconstructing broken /damaged curbs and gutters, sidewalks and driveway approaches
fronting the development and installing parkways, driveway returns, and handicap ramps
(curb cuts) in the public right of way on the south side of Bayside Drive. The existing street
trees along Bayside Drive shall be retained or replaced in accordance with applicable street
tree ordinance and policies.
10. Surrounding Land Uses and Setting: The proposed project is located in the Promontory Bay
area of the City of Newport Beach, an area characterized by residential and marina related
land uses. The Promontory Bay area includes Harbor Island, Linda Isle and all the area
bounded by Newport Bay, Marine AvenuetJamboree Road and East Coast Highway and is
fully contained in the City of Newport Beach's Statistical Area G1.
P:1919 esysf aOA1S_MNW9- MNn_050105.dw
City or Newport Beach
M
919 aayafde Drive
Initial Study /Mdgated Negative Dedaraffan
Current Development: Newport Marina Apartments (64 units)
To the north: Bayside Drive, Bayside Center (Neighborhood Retail)
To the east: Cove Condominiums (Residential)
To the south: Newport Channel, Balboa Yacht Basin, Balboa Island
To the west: Promontory Bay
With the exception of the off -site improvements noted in Section 9 above, the proposed
project would have no impacts on adjacent or surrounding land uses.
11. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement): Approval of the proposed project would not necessitate approvals
by other agencies. Future implementation of the project would require a Coastal
Development Permit from the California Coastal Commission.
Wroj. IN. MJO W,MNOaeotoS. 3 City ofNBW,00rt Beath
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919 Baymde Drive
lnitlal StWMdlgated Negative Declaration
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a °Potentially Significant Impact° as indicated by the checklist on the
following pages.
❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality
❑ Biological Resources ❑ Cultural Resources .J Geology /Soils
Hazards & Hazardous Materials ❑ HydrologyAVater Quality ❑ Land Use /Planning
❑ Mineral Resources j Noise ❑ Population /Housing
❑ Public Services
❑ Utilities /Service Systems
❑ Recreation
❑ Transportation/Traffic
❑ Mandatory Findings of Significance
DETERMINATION: (To be completed by the Lead Agency.)
On the basis of this initial evaluation:
❑ I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
1 find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been
made by or agreed to be the project proponent. A MITIGATED NEGATIVE DECLARATION
will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a "potentially significant impact" or °potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)
has been addressed by mitigation measures based on the earlier analysis as described on
attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze
only the effects that remain to be addressed.
❑ I find that although the proposed project could have a significant effect on the environment,
because at potentially significant effects (a) have been analyzed adequately in an earlier
EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been
avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including
revisions or mitigation measures that are imposed upon the proposed project, nothing
further is required.
Submitted by: Gregg Ramirez, Seni r Planner
City of Newport Beach
Pre indy Krebs, Senior Project ManagerKrebs, Senior Project Manager
BonTerra Consulting
4AA5—
Date !!
074!;'
Date
1.0A.
CD1
919 Bayside Drtm
Initial StudyAkigated Negative Declaw0w
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequa"
supported by the information sources a lead agency cites in the parentheses following each
question. A "No Impact° answer is adequately supported if the referenced information sources
show that the impact simply does not apply to projects like the one involved (e.g., the project falls
outside a fault rupture zone). A "No Impact" answer should be explained where it is based on
project-specific factors as well as general standards (e.g., the project will not expose sensitive
receptors to pollutants, based on a project- specific screening analysis).
2) All answers must take account of the whole action involved, including off -site as well as on -site,
cumulative as well as project - level, indirect as well as direct, and construction as well as.
operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than significant
with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is
substantial evidence that an effect may be significant. If there are one or more "Potentially
Significant Impact" entries when the determination is made, an EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to
a "Less than Significant Impact" The lead agency must describe the mitigation measures, and
briefly explain how they reduce the effect to a less than significant level (mitigation measures
from "Earlier Analysis," as described in (5) below, may be cross - referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within
the scope of and adequately analyzed in an earlier document pursuant to applicable legal
standards, and state whether such effects were addressed by mitigation measures based on
the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures
Incorporated," describe the mitigation measures which were incorporated or refined from the
earlier document and the extent to which they address site - specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources
for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously
prepared or outside document should, where appropriate, include a reference to the page or
pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or
Individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead
agencies should normally address the questions from this checklist that are relevant to a project's
environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than significance.
R1PMq WeapoM1V"7U84M0480t06.d= 5 City ofNewpwt Beach
919 Bayside Drive
Initial StudylN igeled Negative Declaraffon
This checklist form is used to assist in evaluating the potential environmental impacts of the proposed
project The checklist form identifies potential project effects as follows: (1) Potentially Significant Impact;
(2) Potentially Significant Unless Mitigation Incorporated; (3) Less Than Significant Impact; and, (4) No
Impact. Substantiation and clarification for each checklist response is provided (Narrative Discussion
commencing on page 13). Included in each discussion are mitigation measures, as appropriate, that are
recommended for implementation as part of the proposed project.
a) Have a substantial adverse effect on a scenic
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vista?
applicable air quality plan?
b) Substantially damage scenic resources, including,
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but not limited to, trees, rock outcroppings, and
substantially to an existing or projected air quality
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character
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or quality of the site and its surroundings?
of any criteria pollutant for which the project region
d) Create a new source of substantial light or glare
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which would adversely affect day or nighttime views
state ambient air quality standard (including
in the area?
a) Convert Prime Farmland, Unique Farmland, or L-1 LJ u v
Farmland of Statewide importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural
use?
b) Conflict with existing zoning for agricultural use, or ❑ ❑ ❑
a Williamson Act contract?
c) Involve other changes in the existing environment ❑ ❑ ❑ J
which, due to their location or nature, could result in
conversion of Farmland, to nonagricultural use?
a) Conflict with or obstruct implementation of the
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applicable air quality plan?
❑
b) Violate any air quality standard or contribute
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substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase
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of any criteria pollutant for which the project region
is non-attainment under an applicable federal or
state ambient air quality standard (including
releasing emissions which exceed quantitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
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concentrations?
R %Pr*delNW�,Nn I&MNIMWIS 6 CRY ofNBwpolt Bead!
919 8ayside Ddve
Initial StudylMiftgated Negative DeclaradDn
e) Create objectionable odors affecting a substantial
number of people?
a) Have a substantial adverse effect, either directly or
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through habitat modifications, on any species
v
identified as a candidate, sensitive, or special
significance of a historical resource as defined in
status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
❑
b) Have a substantial adverse effect on any riparian
❑ ❑ ❑
habitat or other sensitive natural community
significance of an archaeological resource pursuant
identified in local or regional plans, policies, and
regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
❑
c) Have a substantial adverse effect on federally
❑ ❑ ❑
protected wetlands as defined by Section 404 of
c) Directly or indirectly destroy a unique
the Clean Water Act (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of any
❑ ❑ ❑
native resident or migratory fish or wildlife species
❑
or with established native resident or migratory
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wildlife condors, or impede the use of native
wildlife nursery sites?
e) Conflict with any local policies or ordinances
❑ ❑ ❑
protecting biological resources, such as a tree
preservation policy or ordinances?
f) Conflict with the provisions of an adopted Habitat
❑ ❑ ❑
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
a) Cause a substantial adverse change in the
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u
significance of a historical resource as defined in
§15064.5?
b) Cause a substantial adverse change in the
❑
❑
❑
significance of an archaeological resource pursuant
to §15064.5?
❑
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c) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
d) Disturb any human remains, including those
❑
❑
j
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interred outside of formal cemeteries?
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
RV onuaoNSs D. 105.m 7 City of Newport 8eech
it
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist- Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic - related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a result
of the project, and potentially result in on- or off -site
landslide, lateral spreading, subsidence,
liquefaction or collapse?
d) Be located on expansive soil, as defined in Table
18-1 -B of the Uniform Building Code (1994),
creating substantial risks to fife or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative waste water
disposal systems where sewers are not available
for the disposal of waste water?
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one - quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard for
people residing or working in the project area?
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for
people residing or working in the project area?
919 Sayside Drive
inidal Study/Mltigated Negadve Declaration
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R :1 P ANe SKWRJ W 15- 10-0 106 . 8 City of Newport Beach
919 Bayside Drive
initial StudylMdQated NegaVW Declaration
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ii.
g) Impair implementation of or physically interfere with
❑ ❑ ❑ J
an adopted emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a significant risk of
❑ ❑ ❑ J
loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands`?
}jry7
a) Violate any water quality standards or waste
Li J
discharge requirements?
b) Substantially deplete groundwater supplies or
❑ ❑ ❑ J
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
level (e.g., the production rate of pre - existing
nearby wells would drop to a level which would not
support existing land uses or planned uses for
which permits have been granted)?
c) Substantially alter the existing drainage pattern of ❑ ❑ ❑ J
the site or area, including through the alteration of
the course of a stream or river, in a manner which
would result in substantial erosion or siltation on- or
off- site?
d) Substantially alter the existing drainage pattern of ❑ ❑ ❑ J
the site or area, including through the alteration of
the course of a stream or river, or substantially
increase the rate or amount of surface runoff in a
manner in which would result in flooding on- or off -
site?
e) Create or contribute runoff water which would
❑ ❑ ❑ J
exceed the capacity of existing or planned
stomtwater drainage systems or provide substantial
additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
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g) Place housing within a 100 -year flood hazard area ❑ ❑ ❑ J
as mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100 -year flood hazard area
❑ ❑ ❑ J
structures which would impede or redirect flood
flows?
i) Expose people or structures to a significant risk of ❑ ❑ ❑ J
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
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a:TwJWs1 nuamus+MnD- M10a.aw 9 City of Newport Beach
i5
919 Sayside Dave
Initial SfudWftated Negative Declaration
R1 m WlNwporNOM1&MND-0B0106.d 10 Cily of Newport Beach
.ey�
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t (
a) Physically divide an established community?
❑ ❑ J Li
b) Conflict with any applicable land use plan, policy, or
❑ ❑ J ❑
regulation of an agency with jurisdiction over the
project (including, but not limited to the general
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
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plan or natural community conservation plan?
a) Result in the loss of availability of a known mineral
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resource that would be of value to the region and
the residents of the state?
b) Result in the loss of availability of a locally-
❑ ❑ ❑ J
important mineral resource recovery site delineated
on a local general plan, specific plan or other land
use plan?
00
a) Exposure of persons to or generation of noise
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levels in excess of standards established in the
local general plan or noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or generation of excessive
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groundbome vibration or groundbome noise levels?
c) A substantial permanent increase in ambient noise
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levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in
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ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan
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or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or
working in the project area to excessive noise
levels?
Q For a project within the vicinity of a private airstrip,
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would the . project expose people residing or
working in the project area to excessive noise
levels?
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.� i�fjlt ...... p .:• d
a) Induce substantial population growth in an area,
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either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
❑ ❑ ❑ J
necessitating the construction of replacement
housing elsewhere?
R1 m WlNwporNOM1&MND-0B0106.d 10 Cily of Newport Beach
.ey�
919
initial
1-777777777777777777777777771 2 ITT 11 Y
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c) Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
t Y d
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a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times
or other performance objectives for any of the
public services:
Fire Protection?
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Police Protection?
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Schools?
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Parks?
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Other Public Facilities?
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a) Would the project increase the use of existing
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neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities or
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require the construction or expansion of
recreational facilities which might have an adverse
physical effect on the environment?
a) Cause an increase in traffic which is substantial in
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relation to the existing traffic load and capacity of
the street system (i.e., result in a substantial
increase in either the number of vehicle trips, the
volume to capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level
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of service standard established by the county
congestion management agency for designated
roads or highways?
c) Result in a change in air traffic patterns, including
❑ ❑ ❑
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design
❑ ❑ ❑ 4
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access?
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f) Result in inadequate parking capacity?
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R: Wmlertn�Ne�WOh000TISMiID -0BOt05.Ece t t CdY of Newport B&Mh
919 SaysMe Drive
Initial Stady/MRigated Negallve Declaration
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus
a) Exceed wastewater treatment requirements of the
U U u
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water
❑ ❑ ❑
or wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects ??
c) Require or result in the construction of new storm
❑ ❑ ❑
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects and/or would the
project include a new or retrofitted storm water
treatment control Best Management Practice
(BMP), (e.g., water quality treatment basin,
constructed treatment wetlands), the operation of
which could result in significant environmental
effects (e.g., increased vectors and odors)?
d) Have sufficient water supplies available to serve
❑ ❑ ❑ )
the project from existing entitlements and
resources, or are new or expanded entitlements
needed?
e) Result in a determination by the wastewater
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treatment provider which serves or may serve the
project that it does not have adequate capacity to
serve the project's projected demand in addition to
the provider's existing commitments?
f) Be served by a landfill with sufficient permitted
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capacity to accommodate the project's solid waste
disposal needs?
g) Comply with federal, state, and local statutes and
❑ ❑ ❑ d
regulations related to solid waste?
a. Does the project have the potential to degrade the
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quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self - sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of rare or endangered plants or animals, or
eliminate important examples of the major periods
of California history or prehistory?
b. Does the project have impacts that are individually
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limited, but cumulatively considerable?
( "Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects.)
R:WrdacblN -"} 007US-MND-0 05,dw 12 City of Newport Beach
-I; ID
919 Bayside Drive
initial StudylAWtigated Negative Declaration
d. Does the project have environmental effects which ❑ ❑ ❑ J
will cause substantial adverse effects on human
beings, either directly or indirectly?
RVPMjSC"WAVWKWnSl ND-0601Wfi 13 City ofNewpod Beach
11
919 Bayside Drive
1r#rJal SYudy/Mhgatad Negative Declaration
NARRATIVE DISCUSSION OF CHECKLIST EVALUATION
I. AESTHETICS —Would the proposed project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not limited to, tress,
rock outcroppings, and historic buildings within a state scenic highway?
C) Substantially degrade the existing visual character or quality of the site and
its surroundings?
d) Create a new source of substantial light or glare which would adversely
affect day or nighttime views in the area?
No Impact. The proposed project site is located on Bayside Drive, immediately north of
Newport Channel and Balboa Island. The environment in which the proposed project
site is situated is characterized by a variety of land uses, including Single- Family
Detached, Mufti- Family Residential, Neighborhood Commercial, Recreational and
Marina, and Recreational and Environmental Open Space land uses. The proposed
project would be consistent with the existing visual character and quality of the project
site and its surroundings.
The proposed project would not result in any coastal views being obstructed, as no
views through the project site are presently afforded due to the existing apartment
complex. Additionally, Bayside Drive is not a designated Scenic Highway.
The City's Local Coastal Program does not list the proposed project site as a primary
view area, and public views of Newport Channel are currently obstructed by the existing
on -site land use, the Newport Harbor Apartment complex, as well as mature vegetation
and a concrete block wall along Bayside Drive.
The proposed project would demolish the existing two -story apartment complex and
build in its place 17 residential units. The height of these units would not be greater than
the height of the existing on -site land use based upon zoning standards. Therefore, the
proposed project would not substantially alter views from surrounding land uses.
The proposed project would install landscaping at the entrance to the community for
aesthetic purposes and on -site street lighting for safety purposes. The effects of night
lighting would generally be the same as under existing conditions.
In summary, the proposed project would not result in aesthetic impacts. No mitigation
required.
it. AGRICULTURE RESOURCES —Would the proposed project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide
importance (Farmland), as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the California Resources
Agency, to non - agricultural use?
R1Pra,m MewpWW Wn &MND-0BOtOS.0
14
City of Newport Beach
919 Bayside Drive
hdtial Study/MRigated Negative Declaration
b) Conflict with existing zoning for agricultural use, or a Williamson Act
contract?
C) Involve other changes in the existing environment which, due to their
location or nature, could result in conversion of Farmland, to
nonagricultural use?
No Impact. The site is not under agricultural production or use. The City's General
Plan and the California Division of Land Resources Protection 2002 Farmland Mapping
and Monitoring Program do not identify any prime or unique farmlands within the City of
Newport Beach. Additionally, there are no areas in the City that are under existing
Williamson Act contracts. Therefore, implementation of the proposed project would not
result in adverse impacts to agricultural resources. No mitigation is required.
III. AIR QUALITY Would the proposed project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
b) Violate any air quality standard or contribute substantially to an existing or
projected air quality violation?
c) Result in a cumulatively considerable net increase of any criteria pollutant
for which the project region is non - attainment under an applicable federal
or state ambient air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant concentrations?
Less Than Significant Impact. The City of Newport Beach is located within the South
Coast Air Basin and is subject to the requirements of the South Coast Air Quality
Management Plan (AQMP), the California Clean Air Act and the federal Clean Air Act.
The AQMP provides the framework for determining whether air quality standards and
objectives are being achieved.
Short-Term Construction Impacts
As illustrated in Table 1, demolition, grading, and construction activities associated with
the proposed project would generate short-term air quality impacts. Air pollutants would
be emitted by construction equipment and construction workers' vehicles; fugitive dust
would be generated during demolition of the existing facilities and grading of the site.
For the purposes of preparing the air quality impact analysis, it was assumed that
construction activities would occur over a 10 -month period. Demolition of the existing
on -site buildings would occur over 30 to 40 working days. A total of seven pieces of
equipment and up to 12 workers per day would be required during the demolition phase.
Approximately 20 truck trips per day would be required to haul a maximum of 9,293
cubic feet of debris per day to an off -site waste disposal facility approximately 15 miles
from the project site. Site grading would occur over a two -month period, with up to five
pieces of equipment and fewer than 10 employees at the site each workday. Building
activities, including lot preparation, internal roadway construction, and external roadway
and sidewalk improvements, would occur over a six -month period, with a maximum of
five pieces of equipment and ten employees on the site daily. It was also assumed that
RKtGe WeIW ft"A3-MNU-06MOS d- 15 City of Newport Beach
Jq
919 9ayside Dmre
Initial StudyAQigaied Neogve Declaration
diesel particulate filters would be installed on construction equipment to minimize
particulate matter emissions.
As illustrated in Table 1, which presents the South Coast Air Quality Management
District's (SCAQMD's) thresholds of significance for daily construction and operation
activities, as well as the anticipated pollutant emissions that would result from project
implementation, project- related emissions would not exceed SCAQMD's daily
significance thresholds. Therefore, project — related construction activities would not
result in significant air quality impacts.
TABLE 1
SCAQMD REGIONAL POLLUTANT EMISSION THRESHOLDS OF
SIGNIFICANCE AND ESTIMATED PROJECT IMPACTS
Long -Tenn Operational Impacts
The proposed project involves demolition of an existing apartment complex, occupied by
95 people, and constriction, on the same site, of 17 single - family residential lots which,
based on the City's residential occupancy assumptions, would house approximately
38 residents. Because the proposed project would reduce the number of residents living
on -site, fewer traffic trips would be generated by the proposed project than by the
existing land use. This would result in fewer vehicle tailpipe emissions. In addition,
because the proposed project would reduce the number of on -site residential units from
64 to 17, total household emissions would be lower than under existing conditions.
Therefore, long -term operation of the proposed project would not conflict with or obstruct
implementation of the applicable air quality plan (i.e., the 2003 South Coast AQMP),
violate any air quality standard, contribute to an existing or projected air quality violation,
result in a cumulatively considerable net increase of any criteria pollutant, or expose
sensitive receptors to substantial pollution concentrations. Additionally, because the
project would not increase traffic at any intersection, it would not have any adverse
impact on local carbon monoxide, PM10, or PM7,5 concentrations. No operational
impacts would occur.
The proposed project would not result in significant air quality impacts. No mitigation is
required.
e) Create objectionable odors affecting a substantial number of people?
No Impact Neither the construction nor the long -term operation of the proposed
residential project would result in objectionable odors affecting a substantial number of
people.
R:Nft,W .wpolr"M�ND-0WIM.E 18 - City of Nel A sewb
Construction
550
75
100
150
150
Operation
550
55
55
150
150
Max Lbs/Day
99.13
13.22
89.55
43 -38
1 0.21
Significant?
NO
NO
NO
NO
NO
Sources: SCAQMD CEQA Air Quardy Handbook, 1993
URSEMIS 2002
Long -Tenn Operational Impacts
The proposed project involves demolition of an existing apartment complex, occupied by
95 people, and constriction, on the same site, of 17 single - family residential lots which,
based on the City's residential occupancy assumptions, would house approximately
38 residents. Because the proposed project would reduce the number of residents living
on -site, fewer traffic trips would be generated by the proposed project than by the
existing land use. This would result in fewer vehicle tailpipe emissions. In addition,
because the proposed project would reduce the number of on -site residential units from
64 to 17, total household emissions would be lower than under existing conditions.
Therefore, long -term operation of the proposed project would not conflict with or obstruct
implementation of the applicable air quality plan (i.e., the 2003 South Coast AQMP),
violate any air quality standard, contribute to an existing or projected air quality violation,
result in a cumulatively considerable net increase of any criteria pollutant, or expose
sensitive receptors to substantial pollution concentrations. Additionally, because the
project would not increase traffic at any intersection, it would not have any adverse
impact on local carbon monoxide, PM10, or PM7,5 concentrations. No operational
impacts would occur.
The proposed project would not result in significant air quality impacts. No mitigation is
required.
e) Create objectionable odors affecting a substantial number of people?
No Impact Neither the construction nor the long -term operation of the proposed
residential project would result in objectionable odors affecting a substantial number of
people.
R:Nft,W .wpolr"M�ND-0WIM.E 18 - City of Nel A sewb
919 Bayside Dave
initial StudyAftatad Negative Daclarstbn
IV. BIOLOGICAL RESOURCES —Would the proposed project:
a) Have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or
special status species in local or regional plans, policies, or regulations, or
by the California Department of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive
natural community identified in local or regional plans, policies, and
regulations or by the California Department of Fish and Game or U.S. Fish
and Wildlife Service?
C) Have a substantial adverse effect on federally protected wetlands as
defined by Section 404 of the Clean Water Act (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or
migratory fish or wildlife species or with established native resident or
migratory wildlife corridors, or impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or ordinances protecting biological
resources, such as a tree preservation policy or ordinances?
f) Conflict with the provisions of an adopted Habitat Conservation Plan,
Natural Community Conservation Plan, or other approved local, regional, or
state habitat conservation plan?
No Impact A site visit on October 19, 2004, confirmed that the project site is currently
developed as an apartment community with associated parking. The majority of the site
consists of asphalt -paved surfaces and residential buildings. There are limited areas
within the project site that are landscaped with ornamental plant species that would be
removed and replaced in conjunction with the proposed project. Likewise, ornamental
trees outside of the project boundaries along Bayside Drive would be removed and
replaced by the proposed project. The site does not support sensitive biological
resources or contain any jurisdictional waters or wetlands. In addition, the developed
site does not serve as a wildlife corridor or native nursery site. Implementation of the
proposed project would not be in conflict with any conservation plan goals or policies.
No mitigation is required.
V. CULTURAL RESOURCES —Would the proposed project:
a) Cause a substantial adverse change in the significance of a historical
resource as defined in §15064.5?
b) Cause a substantial adverse change in the significance of an
archaeological resource pursuant to §15064.5?
C) Directly or indirectly destroy a unique paleontological resource or site or
unique geologic feature?
R:XPmimwe«pomdou Il ND -CMOSa 17 City or Newport Beach
q1
919 aayside Drive
d) Disturb any human remains, including those interred outside of formal
cemeteries?
Less Than Significant Impact According to the Conservation of Natural Resources
Element of the City's General Plan, over 30 archaeological sites have been discovered
and recorded in Newport Beach, most of which are adjacent to and around Upper
Newport Bay. The majority of the sites have been developed with roads, housing, and
other building activities. Prehistoric remains of man in Newport Beach have been dated
from 8,000 to 10,000 years ago. In addition, there are indications that man may have
inhabited the area 20,000 years ago. The City also contains unique paleontological .
localities, especially along the bluffs of the east shore of the bay and adjoining foothills.
As the proposed project site is currently developed, previous grading would have
impacted potentially occurring cultural resources. Therefore, it is unlikely that the
proposed project would result in a significant impact to cultural resources. However, the
following standard conditions would be required in the event that any archaeological or
paleontological resources are encountered during construction of the proposed project.
Standard Conditions
SC C4 Prior to issuance of a grading permit, the applicant shall provide written
evidence to the Planning Director that a qualified archaeologist has been
retained to observe grading activities and conduct salvage excavation of
archaeological resources as necessary. The archaeologist shall be present
at the pre- grading conference, shall establish procedures for archaeological
resource surveillance, and shall establish, in cooperation with the applicant,
procedures for temporarily halting or redirecting work to permit the sampling,
identification and evaluation of the artifacts as appropriate. If additional or
unexpected archaeological features are discovered, the archaeologist shall
report such findings to the applicant and to the Planning Department. If the
archaeological resources are found to be significant, the archaeological
observer shall determine appropriate actions, in cooperation with the
applicant, for exploration and/or salvage. These actions, as well as final
mitigation and disposition of the resources, shall be subject to the approval of
the Planning Director.
SC C -2 Prior to issuance of a grading permit, the applicant shall provide written
evidence to the Planning Department that a qualified paleontologist has been
retained to observe grading activities and salvage fossils as necessary. The
paleontologist shall be present at the pre- grading conference, shall establish
procedures for paleontological resource surveillance, and shall establish, in
cooperation with the applicant, procedures for temporarily halting or
redirecting work to permit the sampling, identification and evaluation of
fossils. If major paleontological resources are discovered which require long
term baiting or redirecting of grading, the paleontologist shall report such
findings to the applicant and to the Planning Department. The paleontologist
shall determine appropriate actions, in cooperation with the applicant, which
ensure proper exploration and/or salvage. These actions, as well as final
mitigation and disposition of the resources, shall be subject to the approval of
the Planning Director.
SC C -3 in accordance with Public Resources Code 5097.94, if human remains are
found, the Orange County coroner must be noted within 24 hours of the
discovery. If the coroner determines that the remains are not recent, the
R:vM*, WawP.Ww'rd&MDa 10e.a 18 City ofAlewiwrf Beach
1,
919 Beyside Drive
Initial StudyAt t sted Negative Declaration
coroner will notify the Native American Heritage Commission in Sacramento
to determine the most likely descendent for the area. The designated Native
American representative then determines in consultation with the property
owner the disposition of the human remains.
With implementation of the standard conditions listed above, the proposed project would
not result in adverse impacts to cultural resources. No mitigation is required.
VI. GEOLOGY AND SOILS —Would the proposed project:
a) Expose people or structures to potential substantial adverse effects,
Including the risk of loss, injury, or death involving:
1) Rupture of a known earthquake fault, as delineated on the most recent
Alquist - Priolo Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other substantial evidence of a
known fault; or
ii) Strong seismic ground shaking?
iii) Seismic - related ground failure, Including liquefaction; or
potentially signiricant Impact Unless Mitigation incorporated. The following
analysis is based upon the Geotechnical Investigation prepared for the proposed project
by Petra Geotechnical, Inc. in December 2004. The proposed project site is located in
southern California, a tectonically (seismically) active region which faces an ongoing
threat from major earthquakes. There are no active faults on the site according to the
Alquist -Priolo Earthquake Fault Zoning Map. However, the Newport- Inglewood (L.A.
Basin) Fault, which extends from the offshore area of Newport Beach northwest to the
southern edge of the Santa Monica Mountains, is located approximately 1.6 miles
southwest of the site. This fault zone has a history of moderate to high seismic activity
and has generated numerous earthquakes greater than magnitude 4. In addition, the
San Joaquin Hills Thrust (SJHT) fault, a blind thrust fault, extends below the Los
Angeles Basin, including the proposed project site. Blind thrust faults are concealed
beneath the earth's surface and are defined as dip -slip faults which tend to fold and/or
uplift the near surface sediments during moderate to large earthquakes. Structural
models and seismicity values of the SJHT blind thrust system present a low probability
of surface rupture, according to the California Geological Survey probabilistic seismic
hazard model, which was updated in April 2003. Therefore, impacts as a result of fault
rupture at the proposed project site are considered less than significant.
The potential for strong seismic ground shaking which may affect the proposed project
site is dependent on both the distance to causative faults and the intensity and duration
of the seismic event. According to the Safety Element of the City's General Plan, the
proposed project site is located on soils that are considered at moderate risk for ground
shaking. Although the probability of primary surface rupture is considered low, ground
shaking hazards caused by earthquakes along regionally active faults do exist and
would be considered in the design and construction of the proposed project, consistent
with Mitigation Measure G -1 (MM G -1). With implementation of Mitigation Measure G -1,
impacts as a result of strong seismic ground shaking at the proposed project site would
be considered less than significant
R:1Pr,j c %Newpm UOD`A&MND -MW5 -t
City of Newport
963
919 BaysWe onm
bntw StueWMNVated Negative oectamtion
Liquefaction is a seismic phenomenon in which loose, saturated, fine- grained granular
soils behave similarly to a fluid when subjected to high - intensity ground shaking. Based
on generalized California seismic hazard maps, the potential for liquefaction exists in the
vicinity of the proposed project. With implementation of Mitigation Measure G -1, impacts
as a result of liquefaction at the proposed project site would be considered less than
significant.
iv) Landslides?
No Impact. According to the Safety Element of the City's General Plan, the proposed
project site is not situated in a location that is susceptible to slope stability issues such .
as landslides or expansive soils. Therefore, no impacts as a result of landslides are
anticipated.
b) Result In substantial soil erosion or the loss of topsoil?
Less Than Significant Impact. The proposed project site is currently developed and
paved with non - porous materials and would continue to be after the construction of the
proposed development. According to the City of Newport Beach's Safety Element, the
potential risk of erosion on the site is not considered significant. However, during
construction, there would be temporary exposure of soils. Potential erosion during
construction of the proposed project would be managed through the preparation of a
Stormwater Pollution Prevention Plan (SWPPP) as discussed below, in the Hydrology
and Water Quality section.
C) Be located on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project and potentially result in on- or off -site
landslide, lateral spreading, subsidence, liquefaction or collapse?
Potentially Significant Impact Unless Mitigation Incorporated. According to the
Geotechnical Investigation prepared for the site by Petra Geotechnical, Inc. in 2004,
potential impacts related to lateral spread are not considered significant in the northern
portion of the project site; however, they are a concern in the southern portion of the site.
The presence of a stable seawall at this location would eliminate this concern and is,
therefore, recommended as Standard Condition G -1 (SC G -1).
d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform
Building Code (1004), creating substantial risks to life or property?
No Impact. The on -site soils at the proposed project site consist of clean, uniformly
graded fill and marine sand materials that exhibit a very low expansion potential, as
classified in accordance with UBC Table 18 -1 -B. Therefore, the proposed project would
not result in significant related soil expansion.
e) Have soils incapable of adequately supporting the use of septic tanks or
alternative waste water disposal systems where sewers are not available
for the disposal of waste water?
No Impact. The proposed project would be connected to existing sewer systems
managed by the City of Newport Beach and would not involve the use of septic tanks or
alternative waste water disposal systems.
W.aOeu .PWKWNsmaoaeo.os.d 20 CNy of Newport Beach
0
919 Bayside Drive
Initial StadyhWirlgeted Negative Declaration
Standard Conditions
SC G -1 A geotechnical report shall be required with the submittal of construction
drawings for plan check. The Building Department shall ensure that the
project complies with the geotechnical recommendations included in the
" Geotechnical Investigation" (Petra, 2004), as well as additional
requirements, if any, imposed by the Newport Beach Building Department.
SC G -2 Prior to issuance of a grading permit, the project applicant shall document to
the City of Newport Beach Building Department that all facilities will be
designed and constructed to comply with current seismic safety standards
and the current City - adopted version of the Uniform Building Code.
With implementation of the standard condition and mitigation program listed above, the
proposed project would not result in adverse impacts to geology and soils. No further
mitigation is required.
VII. HAZARDS AND HAZARDOUS MATERIALS —Would the proposed project:
a) Create a significant hazard to the public or the environment through the
routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the release
of hazardous materials into the environment?
Potentially Significant Unless Mitigation Incorporated. EBI Consulting prepared an
Environmental Site Assessment Report for the project site in November 2003. When
inspecting the site, EBI observed friable potential asbestos - containing materials (ACM)
in the form of textured ceiling surfacing and. non-friable potential ACM in the form of vinyl
floor tile and construction mastics at the proposed project site. The potential ACM was
noted as being intact and in good condition except in the laundry room of existing
Building G, in which some of the ceiling surfacing exhibited water damage. Ten
representative samples of potential ACM in the form of insulation, ceiling surfacing
material, and drywall were taken from the project site and were submitted to
Environmental Hazards Services LLC for analysis of asbestos content by polarized light
microscopy (PLM). Ceiling surfacing and drywall were found to contain asbestos,
although it should be pointed out these materials were observed to be in good condition.
According to the Environmental Site Assessment Report, project implementation should
include the development and implementation of an asbestos operations and
maintenance plan. With implementation of MM H -1, asbestos - related impacts would be
reduced to less than significant levels.
Based on the dates of construction for the current use on the proposed project site (1959
and 1975), a limited qualitative lead screening was performed on selected painted
surfaces within the existing property. Painted surfaces were observed to be in good-to-
fair condition. Areas of chipping or peeling paint were sampled for the presence of lead
by applying a colorimetric lead- sensitive chemical Lead Check Reaction Swabs (LCRS)
to the painted surface. Eight samples were found to contain lead. However, only one of
the eight paint samples submitted for analysis contained lead in a concentration greater
than the U.S. Environmental Protection Agency (EPA) threshold value of 0.5 percent
lead -by- weight. According to the Environmental Site Assessment Report, project
R:Tmje Wewpart ISAINDA 0105.4 21 Qty of Newport Sewn
N
919 Beyslde Drive
Initial Study /Mitigated Negative Declaration
implementation should include the development and implementation of lead -based paint
operations and maintenance plan. With implementation of MM H -2, lead -based paint -
related impacts would be reduced to less than signicant levels.
The proposed project site would involve the demolition of an existing mufti- family
apartment complex. There is the possibility that an accident could occur during
demolition and result in the release of hazardous materials into the environment.
However, this potential would be reduced to less than significant levels with
implementation of Mitigation Measures H -1, H -2, H -3, and H-f.
c) Emit hazardous emissions or handle hazardous or acutely hazardous
materials, substances, or waste within one-quarter mile of an existing or
proposed school?
e) For a project located within an airport land use plan or, where such a plan
has not been adopted, within two miles of a public airport or public use
airport, would the project result in a safety hazard for people residing or
working in the project area?
f) For a project within the vicinity of a private airstrip, would the project result .
in a safety hazard for people residing or working in the project area?
g) Impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan?
h) Expose people or structures to a significant risk of loss, injury or death
involving wildland fires, including where wildlands are adjacent to
urbanized areas or where residences are intermixed with wildlands?
No impact. The proposed project involves the creation of 17 residential lots in a private,
gated residential community in Newport Beach, California. The project site is not located
within one - quarter mile of an existing or proposed school. Nor is the project site located
within the boundaries of an adopted Airport Land Use Plan or the vicinity of a private
airstrip, heliport, or helistop. The proposed project is situated in an area that is
urbanized but not located near, or intermixed with, wildlands. Therefore, no impacts are
anticipated and no mitigation is required.
d) Be located on a site which is included on a list of hazardous materials sites
compiled pursuant to Government Code Section 65962.5 and, as a result
-
would it create a significant hazard to the public or the environment?
Less Than SignfTrcant Impact A Phase i Environmental Site Assessment Report was
completed for the immediate vicinity of the project by EnviroBusiness, Inc., on
November 18, 2003. Two previous environmental site assessments were prepared for
the site, one dated December 8, 2000, and performed by URS /Dames & Moore, Inc.,
and the other dated October 25, 1999, and performed by Dames & Moore, Inc. An EDR
Radius Map was also prepared by Environmental Data Resources, Inc. on October 28,
2003. Eighteen potentially contaminated sites were identified by EDR as being located
within a one -half mile vicinity of the proposed project. Four sites were identified by the
CORTESE database identifying potential soil contamination. Ten sites were identified
by the Leaking Underground Storage Tank Incident Report database (LUST), and four
sites were identified by the California Hazardous Materials Incident Report System
(CHMIRS):
RVPrajednV2exPVWO IS-WDA 0105.4 22 City of Newpwt Beach
M
919 Bayside Drive
initial Study/Mdfgated Afegalive Dedaration
As stated above, four properties were identified on the CORTESE list. Three of these
sites lay down - gradient or beyond the study radius of one -half mile and are not believed
to represent an environmental concern. The one up- gradient property lies approximately
1,250 feet northeast of the proposed project site, and is currently being remediated. In
all cases, leaking underground storage tanks and contaminated soils were excavated
and remediated to the satisfaction of the Orange County Health Agency or other
responsible agency. None of the identified LUST listings is suspected of having an
adverse environmental impact on the subject property because of their distance from the
property, their downcross - gradient location with respect to the assumed shallow
groundwater flow direction, the nature of the reported release (e.g., soil only), and/or
because of their regulatory status (e.g., case closed, remediation underway). None of
the CHMIRS listings identified is suspected to have an adverse environmental impact on
the property based on their distance from the property, their down/cross- gradient
location with respect to the assumed shallow groundwater flow direction, and/or their
regulatory status as being closed or having remediation under way. Therefore, no
significant impacts are anticipated and no mitigation is required.
Mitigation Program
MM H -1 Prior to the issuance of any grading or building permit, the applicant shall
submit an asbestos abatement and removal plan to the City Building Official
for approval. The abatement and removal plan shall comply with notification
and asbestos removal procedures outlined in SCAQMD Rule 1403 to reduce
asbestos related health issues.
MM H -2 Prior to the issuance of any grading or building permit, the applicant shall
submit a lead -based paint abatement and removal plan in accordance with all
applicable federal, state, and local regulatory requirements to the City
Building Official for approval.
MM H-3 Prior to the issuance of any grading or building permit, the applicant shall
submit a Erosion and Sediment Control Plan (ESCP) in a manner meeting
approval of the City Building Official, to demonstrate compliance with local
and state water quality regulations for grading and construction activities.
The ESCP shall identify how all construction materials, wastes, grading or
demolition debris, and stockpiles of soil, aggregates, soil amendments, etc.
shall be property covered, stored, and secured to prevent transport into local
drainages or coastal waters by wind, rain, tracking, tidal erosion, or
dispersion. The ESCP shall also describe how the applicant will ensure that
all Best Management Practices (BMPs) will be maintained during construction
of any future public right -of -ways. A copy of the current ESCP shall be kept
at the project site and be available for City of Newport Beach review on
request.
MM H-4 The applicantloperator shall store, manifest, transport, and dispose of all on-
site generated waste that meets hazardous waste criteria in accordance with
California Code of Regulations Title 22 and in a manner to the satisfaction of
the City Building Official. The applicant/operator shall keep storage,
transportation, and disposal records on site and open for inspection to any
government agency upon request.
R:wroiene�neyonUaonismaomoias.m� 23 City of Newport Beach
0
919 Beymde Drive
Initial StudylMidgated Negative Decfaratbn
With implementation of the mitigation program listed above, the proposed project would
not result in adverse impacts related to hazards and hazardous materials. No further
mitigation is required.
VIII. HYDROLOGY AND WATER QUALITY —Would the proposed project:
a) Violate any water quality standards or waste discharge requirements?
c) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, in a
manner which would result in substantial erosion or siltation on- or off -
site?
d) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, or
substantially increase the rate or amount of surface runoff in a manner in
which would result in flooding on- or off-site?
e) Create or contribute runoff water which would exceed the capacity of
existing or planned stormwater drainage systems or provide substantial
additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
j) Inundation by seiche, tsunami, or mudflow?
k) Result in significant alteration of receiving water quality during or following
construction?
1) Result in a potential for discharge of stormwater pollutants from areas of
material storage, vehicle or equipment fueling, vehicle or equipment
maintenance (including washing), waste handling, hazardous materials
handling or storage, delivery areas, loading docks or other outdoor work
areas?
m) Result in the potential for discharge of stormwater to affect the beneficial
uses of the receiving waters?
n) Create the potential for significant changes in the flow velocity or volume
of stormwater runoff to cause environmental harm?
o) Create significant increases in erosion of the project site or surrounding
areas?
Less than SlgnifIcant Impact. The following analysis is based upon the Hydrology
Report and Water Quality Management Plan (WQMP) prepared by Adams- Streeter Civil
Engineers Inc. in August 2004 and September 2004, respectively. The project site is
currently developed with 64 apartments and 80 percent of the site is covered with
impervious surfaces. In the existing condition, the site has split drainage patterns on its
northern and southern portions. With the proposed project, the northern portion of the
site would produce approximately 6.17 cubic feet per second (cfs) of storm water runoff
during 100 -year storm events. The southern portion of the site would produce
approximately 11. 13 cfs of storm water runoff during 100 -year storm events.
R�ProI�g+vomJWTISMkDeeoto5.eoe 24 City or Newport Beach
N
949 Bayside Drive
Initial StWy /MRigated Negative Declaration
Currently, in the northern portion of the site, stormwater flows are trapped through the
use of catch basins and inlets within the parking area which drain to a 36 -inch
Reinforced Concrete Pipe (RCP) that runs under the sidewalk along Bayside Drive
connecting to a catch basin in the northeast comer of the site. A system of tributaries
within the northeast portion of the site drains via surface flow out onto Bayside Drive.
They are ultimately captured by the catch basin noted above. Drainage flows from this
catch basin flow via a 36 -inch storm drain directly into North Bay Front. The southern
portion of the site is divided into five sections. In each, stormwater is collected via drains
through a series of pipe networks which eventually drain directly into North Bay Front via
outlets through the bulkhead.
Short-Term Hydrology and Water Quality Impacts
Construction activities such as grading, excavation, and trenching for site improvements
would result in disturbance of soils on the project site. Runoff from the project site
during construction could transport soils and sediments from these activities. In addition,
spills or leaks from heavy equipment and machinery, staging areas, or building sites
could also enter the catch basins and inlets. Typical pollutants could include petroleum
products and heavy metals from equipment and products such as paints, solvents, and
cleaning agents, which may contain hazardous constituents. Potentially significant
short-term water quality impacts could result if polluted runoff enters downstream
receiving waters.
The Federal Clean Water Act establishes a framework for regulating potential water
quality impacts from construction activities through the EPA's National Pollutant
Discharge Elimination System ( NPDES) program. The Phase 11 Stormwater Program
regulations provide that discharges of storm water to waters of the United States from
construction projects that result in land disturbance of equal to or greater than one acre
or less than five acres are prohibited unless the discharge is conducted in compliance
with a NPDES permit. The Santa Ana Regional Water Quality Control Board (RWQCB)
(Region 8) oversees the implementation and enforcement of the general permits.
Consistent with permit requirements, potential erosion, siltation, and other water quality
impacts during construction of the proposed project would be managed through the
preparation of a SWPPP. This plan would be a joint effort of the proposed project
developer, agencies, and contractor. The plan would describe the measures or
practices to control pollutants during both the construction and post - construction phases
of the project. A SWPPP typically contains a list of target structural and non - structural
BMPs, which would be used to control, prevent, remove, or reduce pollution.
The project applicant has submitted to the City a WQMP, which includes BMPs for
internal erosion control, good housekeeping, waste containment, management of
disturbed areas, and site perimeter control. Specifically, the WQMP requires that:
• Landscape areas are designed to bio -fitter as much as possible prior to discharge to
the storm drain system,
• Irrigation systems are installed with state -of- practice controllers to avoid excess
runoff,
• Plants are grouped in accordance with their watering and fertilization needs and
properly maintained,
• All catch basins are stenciled with the phrase "No Dumping — Drains to ocean" or
equivalent,
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Initial Study/Md gated Negative Declaration
• Residents and tenants receive information on general good housekeeping practices
that contribute to the protection of stormwater quality,
• The homeowners association (HOA) conditions, covenants, and restrictions address
surface water quality protection and assign responsibility for ongoing inspection,
implementation, and maintenance of the BMPs to the HOA,
• Landscape areas are properly maintained,
• The BMP maintenance schedule, as presented in the WQMP, is adhered to,
• Property management retain all maintenance records for a period of three years and
make such records available for review by government agencies,
• Community litter is controlled,
• Catch basins and grated inlets are inspected and, if necessary, cleaned prior to the
storm season (October 1) each year, and .
• Roadways and parkways are cleaned on a monthly basis to reduce the discharge of
pollutants from paved surfaces into the storm drain system.
Lona -Term Hvdroloav and Water Quality Impacts
With implementation of the proposed project, the site would be developed with private
streets, 17 single - family residential units, common lots, sidewalks, and a storm drain
system. These improvements would decrease the amount of pervious surface at the site
by approximately 30 percent. The proposed storm drain system would consist of drop -
inlets, catch basins, and RCPs to convey storm water run -off through the private street.
Drainage on the proposed developable pads would be installed by the homeowners and
connected to the provided storm drain stubs. Each lot would be rough graded and would
drain via surface flow into a drop inlet within the street gutter. Any flows entering the
private street would be captured by catch basins, which would also be connected directly
to the storm drain system. The system would eventually connect to the existing 36 -inch
RCP, which runs parallel with the east property line and located within its own 20 -foot
easement. The entire site's runoff would be filtered by employing a "First Flow" filter
system to treat site runoff prior to entering the public system.
According to the City's Public Safety Element, the proposed project is not located within
a potential flood hazard area. However, the project site is adjacent to the Newport . Bay,
a water body with the potential of tsunami and seiche. Tsunamis are seismically
induced sea waves generated by offshore earthquake, submarine landslide, or volcanic
activity. Seiches are another type of water - related seismically induced hazard involving
flooding resulting from the overtopping of an inland water body's banks by seismically
induced waves. According the Public Safety Element, the risk to the pubic safety of
tsunamis and seiche has been evaluated and found to be remote within the City.
b) Substantially deplete groundwater supplies or interfere substantially with
groundwater recharge such that there would be a net deficit In aquifer
volume or a lowering of the local groundwater table level (e.g., the
production rate of pre - existing nearby wells would drop to a level which
would not support existing land uses or planned uses for which permits
have been granted)?
g) Place housing within a 100 -year flood hazard area as mapped on a federal
Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard
delineation map?
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919 9ayside Dim
Initial Sfudy/MNgafed Negative Dedemdon
h) Place within a 100 -year flood hazard area structures which would impede
or redirect flood flows?
Expose people or structures to a significant risk of loss, injury or death
Involving flooding, including flooding as a result of the failure of a levee or
dam?
No Impact. The proposed project would receive water supply from the City of Newport
Beach; therefore, it would not substantially deplete groundwater supplies or interfere
with groundwater recharge such that there would be a net deficit in aquifer volume or a
lowering of the local groundwater table. The proposed project site is not located within a
100 -year flood hazard area. Consequently, it would not expose people or structures to a
significant risk of loss, injury or death involving flood.
Standard Conditions
SC W -1 Prior to issuance of any grading permits, the applicant shall submit evidence
to the City Building Official that the applicant has obtained coverage under
the NPDES statewide General Construction Activity Stormwater Permit from
the State Water Resources Control Board.
SC W -2 Prior to issuance of any grading permits, the applicant shall obtain a NPDES
permit. The applicant shall incorporate storm water pollutant control into
erosion control plans using BMPs to the maximum extent possible. Evidence
that proper clearances have been obtained through the State Water
Resources Control Board shall be given to the Building Department prior to
issuance of grading permits.
SC W-3 Prior to the issuance of any grading permits, the applicant shall submit a
SWPPP to the City for review and approval. The SWPPP shall be
maintained on -site throughout the construction phase and shall be made
available to the public for review, upon request.
SC W-4 Prior to the issuance of a grading permit, the applicant shall submit a WQMP
specifically identifying the BMPs that will be used on site to control
predictable pollutant runoff. The plan shall identify the types of structural and
non - structural measures to be used.
With implementation of the standard conditions listed above, the proposed project would
not result in adverse impacts to hydrology and water quality. No mitigation is required.
IX. LAND USE AND PLANNING —Would the proposed project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or regulation of an
agency with jurisdiction over the project (including, but not limited to the
general plan, specific plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigating an environmental effect?
Less Than Significant Impact. The site of the proposed project is designated for Multi-
Family Residential land use, and is currently improved with a private 64 -unit apartment
R:Wrgj W .porKMNSWMD-0 105.tl 27 City of Newport Beach
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Initial Study /Mitigated Negative Declaration
complex. The existing Newport Marina apartment complex includes 12 individual
apartment buildings, 5 parking garage buildings, an auxiliary parking lot, and 34 docks
along north - channel Newport Bay. The project applicant proposes to demolish the
existing apartment complex and build, in its place, 17 single- family residences. The
following provides a discussion of the proposed project's consistency with applicable
plans, policies, and regulations.
Consistency with the City of Newport Beach Land Use Element. The proposed project
site lies within the Promontory Bay Area, as defined in the City's Land Use Element.
The Promontory Bay Area includes Harbor Island, Linda Isle, and all the area bounded
by Newport Bay, Marine Avenue /Jamboree Road, and East Coast Highway. Existing
land uses within the Promontory Bay Area are diverse and include Single - Family
Detached Residential, Multi - Family Residential, Neighborhood Commercial,
Recreational and Marina, and Recreational and Environmental Open Space land uses.
The proposed project would be consistent with existing and allowed land uses within the
Promontory Bay Area.
The Land Use Element designates the proposed project site as Multi - Family Residential
to reflect the existing apartment complex. As previously stated, the proposed project
would establish 17 residential lots. Single- family residences are a permitted use within
sites designated for multi- family residences (page 23 of the Land Use Element).
Therefore, the proposed project would be consistent with the Multi - Family Residential
land use designation. It would also be consistent with applicable policies of the Land
Use Element.
Consistency with the City of Newport Beach Zoning Code. Section 20.10 of the City's
Zoning Code establishes residential districts and sets forth regulations applicable to
them. Multi - Family Residential Districts are required to provide a minimum of 1,200
square feet of living space per unit. The Zoning Code also includes specifications
related to setbacks, lot size and width, yard size, building heights, distances between
detached buildings, floor area ratios, maximum coverage, open space, and off - street
parking and loading. As previously discussed, TTM 15323 (May 10, 2005) shows that
the proposed project would provide 19 on- street parking positions, as well as 48 covered
parking positions. Minimum lots of 5,000 square feet or larger would be provided
throughout the project site. Minimum lot widths would be 50 feet or greater. The
approval of the proposed PRD overlay and accompany Use Permit would allow for the
establishment of setbacks different from the MFR regulations. Front yard setbacks from
interior streets would range between five and 18 feet, setbacks from the bay would
range between 15 and 25 feet, and side yard setbacks would be a minimum of five feet.
The approval of the PRD overlay and accompanying use permit would allow the site to
be developed with a water orientation while maintaining adequate clearance along the
private streets.
Consistency with the City of Newport Beach Harbor and Bay Element. Policy HB -1.1.2
of the Harbor and Bay Element requires that potential impacts on water - dependent and
water - related land uses and activities be considered when reviewing proposal for land
use changes. Land use changes associated with the proposed project would be limited
to the project site. No adjacent properties would be impacted by the proposed project.
Since no water - related or water - dependent uses occupy the site, no impact to these
uses would occur.
Consistency with the City of Newport Beach Housing Element. The project will eliminate
64 apartments and replace them with 17 single - family residences for an overall reduction
RIPojscWsewpwfiJ0M &MNDt 105.dw 28 City of Newport Beach
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Initial StudjO tigated Negative Declaration
of 47 units. The City has approximately 14,600 rental units out of approximately 37,500
total housing units (2000 Census), and the reduction and change in housing type is not
considered significant. Goal 2 of the Housing Element states that the City will "provide a
balanced residential community, comprised of a variety of housing types, designs, and
opportunities for all social and economic segments, including very low -, low -, moderate -
and upper- income individuals and households." The proposed project is consistent with
this goal and is not inconsistent with any other goals or policies in the Housing Element.
According to the City's Local Coastal Program Land Use Plan (LCPLUP), the proposed
project is located in the Coastal Zone. Therefore, a coastal development permit (CDP)
is required from the California Coastal Commission.
The LCPLUP references the fact that the project site is designated for Multi - Family
Residential Use and is allowed one unit for each 2,178 square feet of buildable lot area.
As previously discussed, the proposed project is consistent with this designation.
Section 30210 -30212 of the California Coastal Act (CCA) requires that public access
and recreational opportunities be provided for all the people of the state, that
development not interfere with the public's right of access, and that new development
provide public access to the shoreline. As previously discussed, the proposed project
would provide public access to Promontory Bay and North Bay Front via public
walkways, and would improve elements within those walkways to meet current ADA
requirements.
The proposed project is not a recreation or visitor- serving facility. It would not require
diking, dredging, filling or shoreline structures, and it does not propose construction or
expansion of public works facilities. The LCPLUP does not identify the proposed project
site as an environmentally sensitive habitat area or hazard area.
Water and marine resources adjacent to the proposed project site would be protected
through implementation of the Standard Conditions listed in the Hydrology and Water
Quality section, above. The proposed project would preserve and provide for continued
operation of the existing dock areas along North Bay Front.
Sections 30244, 30250(a), 30252, and 30253(3) and (4) of the CCA provide criteria for
the location of new development. These criteria specify that new development should
generally be concentrated in areas of existing development, preserve public access,
provide adequate support facilities including provisions for recreational facilities, and
preserve archaeological and paleontological resources. The proposed project, as
conditioned by the standard conditions and mitigation measures contained within this
document, would fully comply with these criteria.
The LCPLUP does not list the proposed project site as a primary view area.
Consequently, it is not subject to Sections 30251 and 30253(5) of the CCA. Since the
proposed project is not a new visitor - serving facility or coastal- dependant use and it
does not require an oceanfront encroachment, the LCPLUP's policies specific to new
development are not applicable to the proposed project.
Consistency with the City of Newport Beach Subdivision Code. Section 19.08.010 of the
City's Subdivision Code requires approval of a tentative tract map and final tract map for
new subdivisions. Consistent with this requirement, the project applicant has submitted
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919 Bayside Drive
Initial StudyWItigated Negative Deoleretlon
TTM 15323 to the City. It serves as the basis for the environmental analysis contained
herein.
The proposed project is consistent with all applicable land use plans, policies, and
regulations.
C) Conflict with any applicable habitat conservation plan or natural
community conservation plan?
No Impact. The project site is not included within a habitat conservation plan or natural
community conservation plan.
The proposed project would not result in adverse impacts related to land use or
planning. No mitigation is required.
X. MINERAL RESOURCES —Would the proposed project:
a) Result in the loss of availability of a known mineral resource that would be
of value to the region and the residents of the state?
b) Result in the loss of availability of a Iocally4mportant mineral resource
recovery site delineated on a local general plan, specific plan or other land
use plan?
No Impact. According to the Conservation of Natural Resources Element of the City's
General Plan, oil deposits constitute the only significant extractable mineral in Newport
Beach. Section 20.52.010 of the Newport Municipal Code prohibits extraction of oil in all
areas of the City, except the section in West Newport where slant drilling is permitted
under a 1943 lease. The proposed project site has been developed as a Mufti- Family
Residential community for 50 years and the proposed project would continue residential
use on the site.
Implementation of the proposed project would not result in adverse impacts to any
significant mineral resource. No mitigation is required.
XI. NOISE —Would the proposed project result in:
a) Exposure of persons to or generation of noise levels in excess of
standards established in the local general plan or noise ordinance, or
applicable standards of other agencies?
b) Exposure of persons to or generation of excessive groundborne vibration
or groundborne noise levels?
C) A substantial permanent increase in ambient noise levels in the project
vicinity above levels existing without the project?
d) A substantial temporary or periodic increase in ambient noise levels in the
project vicinity above levels existing without the project?
Potentially Significant Unless Mitigation Incorporated. The existing noise
environment in the vicinity of the proposed project is dominated by automobile traffic and
R %Praq d.%mpWUOWU&MND M105.tl 30 City of M1lewpW Beach
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Initial Study/Mitigated Negative Dedaration
recreational marine uses. The project site is located directly adjacent to Bayside Drive
and less than one - quarter mile north of Jamboree Road/Marina Avenue. Both are
heavily traveled roadways. To the south, the project site is bounded by Newport
Channel, a busy area for recreational marine activities.
The City of Newport Beach's Noise Ordinance establishes 55 decibels (dBA) as the
daytime exterior noise standard and 55 dBA as the nighttime exterior noise standard for
Residential areas within the City. The daytime and nighttime interior noise standards are
45 dBA and 40 dBA, respectively.
During demolition of the Newport Marina Apartments and grading and construction of the
proposed Multi- Family Residential neighborhood, the project site and immediate vicinity
would experience short-term demolition- and construction- related noise impacts. Noise
levels would fluctuate depending on construction phase, equipment type, maintenance,
and duration of use, distance between noise source and listener, and presence or
absence of barriers to attenuate noise levels.
During construction, trucks are expected to enter and leave the site on a regular basis,
but only during working hours. The number of truck trips traveling along the haul route
will vary daily, depending on the nature of the construction activity. The daily
transportation of construction materials is expected to cause increases in noise levels
along Bayside Drive. However, this traffic would not be a substantial percentage of daily
volumes in the area and is not expected to significantly increase noise levels.
Section 10.28.040 of the City's Municipal Code sets forth noise regulations for
construction activity. The applicant/operator would be required to comply with these
regulations as reflected in SC N -1 below, during demolition, grading, and construction.
The proposed project would reduce the number of residents living on -site and, therefore,
generate fewer vehicle trips and less noise overall than the existing land use. Therefore,
there would be no noise increase associated with implementation of the proposed
project.
Policy 4.1.2 of the City of Newport Beach's Noise Element requires the use of walls,
berms, or other noise mitigation measures in the design of new residential or other noise
sensitive land uses that are adjacent to major roads. The existing perimeter wall along
Bayside Drive, which provides noise attenuation to current residents, would be replaced
by the proposed project. The proposed project would install a new, six -foot -high
perimeter wall to provide noise attenuation to future residents. Policy 4.2.2 of the Noise
Element requires acoustical design in new construction. The mitigation program
described below would ensure that the proposed project meets these requirements.
Standard Condition
SC N -7 Consistent with City of Newport Beach Noise Ordinance, noise - generating
project construction activities shall be limited to the hours of 7:00 AM to
6:30 PM Monday through Friday and 8:00 AM and 6:00 PM on Saturdays.
No demolition or construction activities shall be permitted on Sundays or legal
holidays. The City Building Official shall be responsible for ensuring that the
applicantloperator complies with these requirements.
R:Tmp�ewpoAUO>usa�106a 31 City or Newport Beach
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Mitigation Program
MM N4 Prior to the issuance of any grading permit, a detailed acoustical analysis
shall be prepared by a qualified acoustical consultant and submitted to the
City. This acoustical analysis shall describe and quantify the noise sources
impacting the area and the measures required to meet the 65 CNEL exterior
residential noise standard. The final grading plans shall incorporate the noise
barriers required by the analysis and the property owner /developer shall
install these barriers.
MM N -2 Prior to issuance of any building permit, a detailed acoustical study using
architectural plans shall be prepared by a qualified acoustical consultant and
submitted to the City Building Official. This report shall describe and quantify
the noise sources impacting the proposed Multi - Family Residential units, the
amount of outdoor -to- indoor noise reduction provided in the architectural
plans, and any upgrades required to meet the City's interior noise standards
(45 CNEL for residences). The measures described in the report shall be
incorporated into the architectural plans for the buildings and implemented
with building construction.
With implementation of standard condition and mitigation measures listed above, the
proposed project would result in less than significant noise impacts. No further
mitigation is required.
XII. POPULATION AND HOUSING —Would the proposed project:
a) Induce substantial population growth in an area, either directly (for
example, by proposing new homes and businesses) or indirectly (for
example, through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, necessitating the
construction of replacement housing elsewhere?
C) Displace substantial numbers of people, necessitating the construction of
replacement housing elsewhere?
No Impact The project site is fully developed with an existing 50- year -old, 64 -unit Multi -
Family Residential apartment complex (known as the Newport Marina Apartments),
auxiliary parking lot, and parking garages. The proposed project would replace the
existing Multi - Family Residential complex with 17 single - family residential lots.
The current population of the Newport Marina apartments consists of approximately
95 individuals. Using City planning assumptions of 2.25 persons per residential unit, the
projected population for the proposed project would be approximately 38 individuals.
This represents a total population reduction of approximately 68 as compared to existing
on -site population. As such, the proposed project would not induce substantial
population growth.
As stated above, approximately 95 tenants would be displaced as a result of project
development. While this number is not considered substantial, the proposed project
would comply with Public Law 91 -646, the "Uniform Relocation Assistance and Real
R:U'gg SViBWPOft IDMN ND-0MID6d 32 OtyofNewport Beach
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Initial Study/Mttigated Negative Declaration
Property Acquisition Policies Act of 1970" (Uniform Act), by providing residents sufficient
notice to vacate the premises and/or be relocated.
City Housing Element Policy 1.1.5 requires replacement of housing units demolished
within the Coastal Zone when housing is (or has been) occupied by low,- and moderate -
income income households. Section 20.86 of the City's Zoning Code establishes a
permit requirement for demolition of low- and moderate - income dwelling units within the
Coastal Zone. Neither of these policies applies to the proposed project as a Resident
Income Survey conducted in April 2005 by Western National Property Management, the
current property manager, revealed that no low- or moderate - income households are
present.
The proposed project would not result in any impacts related to Population and Housing.
No mitigation is required.
XIII. PUBLIC SERVICES
a) Would the project result In substantial adverse physical impacts
associated with the provision of new or physically altered governmental
facilities, need for new or physically altered governmental facilities, the
construction of which could cause significant environmental impacts, in
order to maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
Fire Protection?
Police Protection?
Schools?
Parks?
Other Public Facilities?
No Impact The proposed project would replace an existing 64 -unit Multi- Famity
Residential complex with a 17 -unit Single - Family Residential community. The current
population of the Newport Marina Apartments is approximately 95 tenants. Using City
planning assumptions of 2.25 persons per Multi- Family Residential unit, the projected
population for the proposed project would be approximately 38 individuals. This would
represent a population reduction of approximately 68 percent compared to existing
conditions. Public services in the vicinity of the project site are considered to be
adequate, and a population reduction would only serve to reduce future demand. As
such, the proposed project would not result in impacts to fire, police, schools, parks, or
other public facilities.
Standard Condition
SC P4 Prior to issuance of any grading or building permit, the applicant shall submit
all project - specific plans to the Planning Department, Public Works
Department, and Fire Department for review.
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initial StudyfMfBgefed Nep*e Declaration
XIV. RECREATION
a) Would the proposed project increase the use of existing neighborhood and
regional parks or other recreational facilities such that substantial physical
deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction
or expansion of recreational facilities, which might have an adverse
physical effect on the environment?
No Impact. The proposed project is located in Service Area 5 (Lido Isle -Lower Bay), as
designated in the City's Recreation and Open Space Element. This service area
contains only one public recreational facility, Myrtle Park (Mini Park) which is located
across the North Front Bay to the west of the proposed project site. This facility is
approximately 0.1 acre and includes a turf area, benches, and a pay phone. Across
North Bay Front to the south of the proposed project site is Balboa Island, which is
located in Service Area 6 (Balboa Island). Directly across the channel is one of the
public Balboa Island Beaches, which provide access for swimming, beach play, and
boating.
The City of Newport Beach City Park Dedication Ordinance requires new residential
development to be responsible for the °...dedication of land, or payment of fees, or
both..." It further specifies that development "...shall not exceed a proportionate amount
necessary to provide three acres of parkland per one thousand persons residing in a
subdivision... unless the amount of existing neighborhood and community park area...
exceeds three acres per one thousand persons" (Municipal Code Section 19.50.030).
The City's park dedication requirement is five acres per one thousand persons.
The proposed project would result in a total population reduction of approximately
68 persons as compared to existing on -site population. This decrease in residents can
reasonably be expected to lower the use of existing nearby public parks. in addition, the
proposed project proposes to include a private recreation area, with a possible pool, on
site.
The proposed project would not increase
expansion of City parks. No significant
anticipated. No mitigation is required.
Standard Condition
the use of or require the construction or
project- related impacts to recreation are
SC R -1 Prior to recordation of the final tract map, the applicant will be required to
pay an in -lieu fee in accordance with the Park Dedication and Fee
Ordinance.
XV. TRANSPORTATIONICIRCULATION —Would the proposed project:
a) Cause an increase In traffic which is substantial In relation to the existing
traffic load and capacity of the street system (i.e., result in a substantial
increase In either the number of vehicle trips, the volume to capacity ratio
on roads, or congestion at intersections)?
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Initial Studylkiftated Negative DedareUon
b) Exceed, either individually or cumulatively, a level of service standard
established by the county congestion management agency for designated
roads or highways?
C) Result in a change in air traffic patterns, including either an increase in
traffic levels or a change in location that results in substantial safety risks?
d) - Substantially increase hazards due to a design feature (e.g., sharp curves
or dangerous Intersections) or incompatible uses (e.g., farm equipment)?
a) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs supporting alternative
transportation (e.g., bus turnouts, bicycle racks)?
No Impact. The proposed redevelopment of the project site from 64 apartments to
17 single - family residential units would reduce the amount of traffic impacting the local
circulation on a daily basis. According to the trip generation rates used in the City of
Newport Beach's Circulation Element, the existing Newport Marina apartment complex
would be expected to generate approximately 416 daily vehicle trips and the project
would be expected to generate approximately 187 daily vehicle trips — a reduction of
approximately 55 percent.
Even during demolition, grading, and construction activities, fewer daily trips to and from
the project site are expected than occur under existing conditions. Consequently, the
proposed project would not increase traffic, or exceed an established level of service
standard. Nevertheless, a construction phasing plan and construction delivery plan shall
be required, pursuant to the Standard Conditions listed below.
The proposed project would be designed consistent with City standards relating to
safety, emergency access, parking capacity, and alternative transportation. Therefore,
the proposed project would not introduce a safety risk or hazard, result in inadequate
emergency access, inadequate parking capacity, or conflict with adopted policies, plans,
or programs supporting aitemative transportation.
The proposed project would not result in any impacts to transportation or traffic. No
mitigation is required.
Standard Conditions
SC T -1 Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper us of traffic control and
flagmen.
SC T -2 Traffic control and transportation of equipment and materials shall be
conducted in accordance with state and local requirements.
SC T3 Prior to the issuance of any building permit, the applicant shall prepare a
construction phasing plan and construction delivery plan that includes routing
of large vehicles for review by the City Public Works Department. Large
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vehicles shall not be permitted to travel narrow streets and alleys, as
determined by the Public Works Department.
With implementation of the standard conditions listed above, the proposed project would
result in less than significant traffic impacts. No mitigation is required.
XVI. UTILITIES AND SERVICE SYSTEMS —Would the proposed project:
a) Exceed wastewater treatment requirements of the applicable Regional
Water Quality Control Board?
b) Require or result in the construction of new water or wastewater treatment
facilities or expansion of existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm water drainage facilities
or expansion of existing facilities, the construction of which could cause
significant environmental effects and/or would the project include a new or
retrofitted storm water treatment control Best Management Practice (BMP),
(e.g., water quality treatment basin, constructed treatment wetlands), the
operation of which could result in significant environmental effects (e.g.,
increased vectors and odors)?
d) Have sufficient water supplies available to serve the project from existing
entitlements and resources, or are new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment provider which
services or may serve the project that has adequate capacity to serve the
project's projected demand in addition to the provider's existing
commitments?
No Impact The current utility providers for the project are Southern California Gas
Company (gas); Southern California Edison (electric); City of Newport Beach (water and
sewer); Pack Bell Telephone (telephone); and Adelphia (cable television and Internet).
A variety of cellular telephone providers (i.e., Verizon, Cingular, Sprint, Nextel, and
AT &T) also serve the project site.
The proposed project would replace an existing 64 -unit mufti - family residential complex
with a 17 -unit single - family residential community. The current population of the
Newport Marina Apartments is approximately 95 individuals. Using City planning
assumptions of 2.25 persons per Multi- Family Residential unit, the projected population
for the proposed project would be approximately 38 individuals. This would represent a
population reduction of approximately 68 percent compared to existing conditions. The
resulting population reduction would effectively reduce future demand on all utilities and
service systems at the project site.
Development of the proposed project would not exceed wastewater treatment
requirements of the Santa Ana RWQCB. Sufficient water supplies are available to
service the existing Newport Marina Apartments, and no new or expanded entitlements
would be needed for the proposed project, which is a lower intensity use. The
wastewater treatment provider, the City of Newport Beach, has adequate capacity to
R1P'Oia W..J,.W00TI"ND 105.E
of Newport Beach
1dt
919 6ayside Drive
Initial StudylAftgated Negative Declaration
treat the current project site and there would not be an increased demand for
wastewater treatment as a result of the proposed project.
As previously stated, the proposed project would remove and replace existing water and
sewer lines on -site and on the south side of Bayside Road, adjacent to the site
boundary. In addition, the proposed project would implement a privately- maintained
storm drain system. These improvements are necessary to more efficiently serve the
proposed project and to improve the quality of runoff that drains from the site into the
public system. They are not capacity enhancing and would not therefore cause
significant environmental effects.
All residential solid waste in the City of Newport Beach is collected by various solid
waste contractors and sent to a transfer station in Stanton, California, and then
distributed among three Orange County Landfills: Brea Olinda, Prima Deshecha, or the
Frank R. Bowerman Landfill. These landfills have sufficient capacity to serve the
proposed project's decreased demand on solid waste disposal needs from the current
condition.
SC U -1 Prior to issuance of any grading or building permit, the applicant shall submit
all project - specific plans to the City Utilities and Public Works Departments
for review.
The proposed project would not result in significant impacts to utilities and service
systems. No mitigation is required.
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below self - sustaining levels,
threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal or eliminate
important examples of the major period of California history or prehistory?
b) Does the project have impacts that are individually limited, but
cumulatively considerable? ( "Cumulatively considerable" means that the
incremental effects of a project are considerable when viewed in
connection with the effects of past projects, the effects of other current
projects, and the effects of probable future projects.)
C) Does the project have environmental effects which will cause substantial
adverse effects on human beings, either directly or indirectly?
No Impact. The proposed project would result in a lower level of land use intensity and
lower occupancy rates than the existing on -site land use. Therefore, the proposed
project's long -term environmental impacts would not be considered significant. As
identified above, the proposed project could result in short-term environmental impacts
during the demolition and construction phases. However, implementation of standard
conditions and the proposed mitigation program would reduce those impacts to a level
considered less than significant. No further mitigation is required.
RNPrOje Ne Pp OOTISMND-W01 dw 37 City ofNBwpod Beach
1 l
919 Bayside Drive
Initial StudylHlwted Nwathre Declaration
References
Adams - Streeter Civil Engineers Inc. Hydrology Report for Tentative Tract Map 15323, Newport
Beach, CA. August 2004.
Public Access Plan for Tentative Tract No 15323 in the City of Newport Beach, State of
California. September 21, 2004.
Record Encumbrance Map in the County of Orange, State of California, Parcel t of City
of Newport Beach Lot Line Adjustment No, 94 -3. April 2004.
Tentative Tract Map 15323 in the City of Newport Beach, State of California, Subdivided
for Lease Purposes. May 10, 2005.
Utility Exhibit for T. T. M. 15323 - 919 Sayside Drive.
Water Quality Management Plan for Tentative Tract Map No. 15323, Site Development
Permit PA 2004 -072. September 2004.
EBI Consulting. Phase ! Environmental Site Assessment Report. Newport Marina Apartments,
919 Bayside Drive, Newport Beach, California, 92660. November 18, 2003.
Seismic Report, Newport Marina Apartments, 919 Bayside Drive, Newport Beach,
California. November 6, 2003.
Newport Beach, City of. General Services Department. Personal conversation with Mr. Jeremy
Hammond, Management Assistant, on October 27, 2004.
City of Newport Beach General Plan Circulation Element. Adopted by the Newport
Beach City Council. Resolution No. 88 -101. October 24, 1988.
City of Newport Beach General Plan Conservation of Natural Resources Element.
Adopted by the Newport Beach City Council. Resolution No. 8174. January 14, 1974.
City of Newport Beach General Plan Harbor and Bay Element. Adopted by the Newport
Beach City Council. Amended by General Plan Amendment No. 2002- 002(C).
Resolution No. 2001 -45. June 12, 2001.
City of Newport Beach General Plan Housing Element. Adopted by the Newport Beach
City Council. Amended by General Plan Amendment No. GP2003 -04. Resolution No.
2003 -45. August 13, 2003.
City of Newport Beach General Plan Land Use Element. Adopted by the Newport Beach
City Council. Resolution No. 88 -100. October 24, 1988. Amended by General Plan
Amendment 2004 -001. August 10, 2004.
City of Newport Beach General Plan Noise Element. Adopted by the Newport Beach
City Council. Resolution No. 8366. Amended by General Plan Amendment No. GPA
87 -1(8). Resolution No. 94 -96. October 10, 1994.
City of Newport Beach General Plan Public Safety Element. Adopted by the Newport
Beach City Council. Insert Resolution No. 908. March 10, 1975.
R ;V4VjWeWeWPa 7V "NO- 0WJ05.0 38 City of Newport Beach
)VV
919 aaystde Drive
Initial Stb* Mitigated Negative Dederedon
City of Newport Beach Local Coastal Program Land Use Plan, including Amendments 1-
40. Certified by the California Coastal Commission. January 9, 1990.
City of Newport Beach Title 19. Subdivision Code. Adopted by the Newport Beach City
Council. Ordinance No. 2001 -18. September 25, 2001.
City of Newport Beach Municipal Code.
City of Newport Beach Traffic Phasing Ordinance. Adopted by the Newport Beach City
Council. Ordinance No. 99 -17. 1999.
City of Newport Beach Zoning Code. Adopted by the Newport Beach City Council.
Ordinance No. 97 -09. March 24, 1997 as amended.
Petra Geotechnical, Inc. Geotechnicai Investigation, Proposed 19 Custom Single - Family Lots
(North Bay), 919 Bayside Drive, Tentative Tract 15323, City of Newport Beach, Orange
County, California. December 6, 2004.
Southern California Association of Governments. www.scag.ca.gov. Last accessed on
October 26, 2004.
Western National Property Management. Letter to Newport Marina Tenants. April 19, 2005.
R:1Pr0jW90ea rB"n18-MND M105.tl
City of Newport
)63
RESPONSES TO COMMENTS
MITIGATED NEGATIVE DECLARATION
919 BAYSIDE DRIVE RESIDENTIAL PROJECT
State Clearinghouse Number 2006061019
Lead Agency:
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, CA 92668 -8915
Responses Prepared by:
BonTerra Consulting
City of Newport Beach Planning Department
July 2005
)o5
919 Bayside Drive Residential Project
Mitigated Negative Declaration
SECTION 1.0
INTRODUCTION AND SUMMARY
1.1 INTRODUCTION
The purpose of this document is to present responses to public comments received on the
Negative Declaration for the 919 Bayside Drive Residential Project (State Clearinghouse
Number 2005061019). The project is located the city of Newport Beach.
The Negative Declaration was circulated for a 30 -day review and comment period beginning
June 3, 2005 and ending July 5, 2005. Responses to comments received during that comment
period have been prepared and are included in this document.
Public Resources Code Section 21092.5 requires the lead agency to provide a copy of the
written response to each public agency that commented on the EIR. The response must be
provided to the agency a minimum of 10 days prior to the lead agencies' certification of the final
EIR. Consistent with this requirement, the City of Newport Beach will send copies of the
Responses to Comments to all parties that commented on the Mitigated Negative Declaration
(MND) at least 10 days prior to the date the Planning Commission holds its public hearing on
the project.
This Response to Comments document contains three sections and includes two appendices.
Section 1.0 is the Introduction and Summary. Section 2.0 contains the comment letters
received for the MND with each comment bracketed and numbered. Section 3.0 presents
responses to the comments received during the public review period for the 919 Bayside Drive
Residential Project MND. Appendix A presents the Water Quality Management Plan (WQMP)
for Tentative Tract Map No. 15323 (the proposed project). Appendix B provides the Hydrology
Report for Tentative Tract No. 15323.
1 -1 Response to Comments 6�
SECTION 2.0
COMMENTS RECEIVED ON
919 SAYSIDE DRIVE RESIDENTIAL PROJECT
MITIGATED NEGATIVE DECLARATION
919 Bayside Drive Residential Project
Mitigated Negative Declaration
The following section contains the comment letters received for the MND with each comment
bracketed and numbered. These numbers correspond to the responses found in Section 3.
2 -1 Response to comments P
919 sayside ortve Residential Project
Mitigated Negative Declaration
Response to Caltrans District 12 Comments
Dated June 24, 2005
Comment Caltrans -1: Caltrans District 12 status is a reviewing agency on this project
and has no comments at this time. However, in the event of any
activity in Caltrans' right -of -way, an encroachment permit will be
required. Applicants are required to plan for sufficient permit
processing time, which may include engineering studies and
environmental documentation.
Please continue to keep t
any future developments,
the transportation facilities.
is informed of this project and
which could potentially impact
Response Caltrans -1: The proposed project would not involve any activity in
Caltrans' right -of -way. Should there be any changes in
the project that would require any actions by Caltrans, the
City of Newport Beach will coordinate with Caltrans, as
necessary.
2 -2 Response to Comments
919 9ayside Drive Residential Project
Mitigated Negative Declaration
Response to California Coastal Commission Comments
Dated July 5, 2005
Comment Coastal -1:
Coastal Access and Recreation
The Mitigated Negative Declaration states that public
access to North Bay Front would be preserved by the
proposed project via a 6 -foot walkway, which would be
dedicated to the City of Newport Beach. In addition, the
proposed project would reconstruct concrete steps and
walkways within Lot B, which provide ingress /egress
between Bayside Drive and Newport Bay. Where would
the public park in order to get to these access areas if the
new development is private and gated?
Response Coastal -1:
Current public access to Promontory Bay and North Bay
Front is provided via public walkways. The current land
use on the proposed project site, the Newport Marina
Apartments, does not provide parking for the public.
Rather, public parking is provided within public rights of
way near the site.
As stated in the Land Use and Planning section of the
Initial StudylMND, the proposed project would preserve
walkway access to Promontory Say and North Say Front
and improve elements within the existing walkways to
meet current Americans with Disabilities Act (ADA)
requirements. It is assumed that public parking will
continue to be provided within public rights of way near the
ro'ect site
Comment Coastal -2:
Coastal Views
The project is located in the Promontory Bay area of the
City of Newport Beach. The City's current Land Use Plan
(LUP) designates Promontory Bay at Harbor Island Drive,
Promontory Bay at Bayside Drive, and Promontory Point
East as coastal view areas. The project site is located
near these coastal view areas. Please explain how the
project site does not affect these coastal view areas
defined in the current LUP.
Response Coastal -2:
As stated in the Aesthetics portion of the Initial
Study /MND, the proposed project would not result in any
coastal views being obstructed, as no views through the
project site are presently afforded due to the existing
apartment complex. Additionally, the City's Local Coastal
Program does not list the proposed project site as a
primary view area. Views of the Newport Channel are
2 -3 Response to Comments (6
1
919 Bayside Drive Residential Project
Mitigated Negative Declaration
24 Response to Comments Nil
currently obstructed by the existing on -site land use, the
Newport Marina Apartment complex, as well as by mature
vegetation and a concrete wall along Bayside Drive.
It should be noted that this area of the coastal zone is
fully built out and has an urbanized character. Views from
the proposed project site are dominated by existing
development (homes, shops and roadways) on Balboa
Island, which lies directly across the bay from the
ro osed ro 4ect site.
Comment Coastal -3:
Water Quality
The Mitigated Negative Declaration (MND) discussed
water quality in terms of California Environmental Quality
Act (CEQA) requirements and Regional Board
requirements. In addition to CEQA, Regional Board and
other regulatory requirements, the proposed project will
undergo review based upon water quality provisions of
the Coastal Act. Sections 30230 and 30231 of the
California Coastal Act provide the broad basis for
protection coastal waters, habitats, and biodiversity from
degradation of water quality associated with new
development and redevelopment.
Sound water quality management utilizes a three - pronged
approach: site design, source control, and treatment Best
Management Practices. A successful program would first
incorporate site design measure to minimize impact to the
hydrolic landscape and source control Best Management
Practices (BMPs) to reduce dry weather flows and the
generation and introduction of pollutants into runoff. A
few examples of site design practices include minimizing
impervious surfaces, using porous pavements or
alternative pavers in parking areas, preserving native
vegetation and root systems, minimizing erosion and
sedimentation, and reducing roadway or parking lot
length. Some examples of source control BMPs include
planting native, drought - tolerant, non - invasive vegetation;
minimizing pesticide and fertilizer use; using efficient
irrigation systems; and implementing parking lot and
street sweeping programs, among other measures.
After site design and source control BMPs have been
designed, treatment control BMPs (typically in a treatment
train approach for an extensive development like the one
proposed) should be designed for the development.
Treatment control BMPs should be designed to treat the
specific pollutants generated on each portion of the site.
24 Response to Comments Nil
919 Sayside Drive Residential Project
Mitigated Negative Declaration
2 -5 Response to Comments f 1�—
In addition, the proposed measures must be sized and
designed to mitigate water quality impacts generated by
the development. As a goal, the Commission has
required post - construction structural BMPs (or suites of
BMPs) should be designed to treat, infiltrate or filter the
amount of stormwater runoff produced by all storms up to
and including the W percentile, 1 -hour storm event, with
an appropriate safety factor (i.e., 2 or greater), for flow -
based BMPs.
Based on Section 30230 and 30231 of the Coastal Act,
the Coastal Commission must ensure that a development
minimizes to the maximum extent feasible polluted runoff
and its impact to coastal waters. Even where there is
existing development on a site, a redevelopment project
needs to demonstrate that is minimizing to the maximum
extent feasible the impact to coastal water quality.
Therefore, the development should incorporate, and the
Mitigated Negative Declaration should discuss, these site
design, source control, and treatment control (Best
Management Practices (BMPs) that will be used in
association with the entire site. Parking lots, landscaped
areas, loading and unloading docks, dry weather flows,
and trash and debris are common constituents in
commercial and residential areas, and BMPs should be
designed to address these constituents.
Finally, Commission staff suggest use of catch basin
inserts throughout the development, use of filtration
systems near areas with especially high risk of pollutant
eneration arking lots, etc. ) and the use of biofiltration.
Response Coastal -3:
As detailed in the Water Quality Management Plan
(WQMP) for Tentative Tract Map No. 15323 and the
Hydrology Report for Tentative Tract Map No. 15323, the
project applicant has considered and incorporated
appropriate site design, source control and BMPs to
protect coastal waters, habitats and biodiversity from
degradation. In fact, when compared to the present on-
site land use, the proposed project would result in less
runoff as well as cleaner runoff, thereby resulting in net
beneficial effects.
Complete copies of the WQMP and Hydrology Report are
included as Attachments A and B, respectively, to this
Res onse to Comments document.
Comment Coastal -4:
City of Newport Beach Draft Revised Land Use Plan
L( UP)
2 -5 Response to Comments f 1�—
919 aayside Drive Residential Protect
Mitigated Negative Declaration
2 -6 Response to Comments
Currently, Commission staff is reviewing the City of
Newport Beach Draft Revised Land Use Plan (LUP). The
proposed project consists of demolition of an existing
apartment complex and construction of a new private
gated community for 17 single - family residences. Upon
review of the Draft Revised LUP, it appears that the
proposed project may be inconsistent with policies found
within the Draft Revised LUP relating to new private gated
communities. Therefore, please explain how the
proposed project would be compatible with these LUP
policies.
Response Coastal -4:
The policies to which the writer is referring are specific to a
few private residential communities within the City where
public access to and along the shoreline is impeded. As
stated in the LCPLUP, these communities are Balboa
Coves, Bay Island, Bayshores, Bayside Place, Collins
Island, De Anza Bayside Village, Linda Isle, and Harbor
Island.
As stated in the Land Use and Planning section of the Initial
Study /MND, the proposed project would preserve walkway
access to Promontory Bay and North Bay Front and improve
elements within the existing walkways to meet current Americans
with Disabilities Act (ADA) requirements. As such, the proposed
project would not be inconsistent with Policy 3.1.5-1 of the
LCPLUP which seeks to "Prohibit new development that
incorporate gates, guardhouses, barriers or other structures
designed to regulate or restrict access where they would
inhibit public access to and along the shoreline and to
beaches, coastal parks, trails, or coastal bluffs when there
is substantial evidence that presqrl etive rights exist."
Comment Coastal -5:
Proposed Project
What was the reason for the proposed development?
Why could the existing development on -site (apartment
complex) not remain? Why were single - family residences
proposed instead of apartments?
Response Coastal -5:
The landowner of 919 Bayside Drive proposed the
change. The City is processing the Tentative Tract Map,
and associated documents, at the landowner's request.
2 -6 Response to Comments
APPENDIX A
WATER QUALITY MANAGEMENT REPORT
FOR TENTATIVE TRACT MAP NO. 15323
(On file with the Planning Department)
Response to Comments 114
APPENDIX B
HYDROLOGY REPORT
FOR TENTATIVE TRACT MAP NO. 15323
(On file with the Planning Department)
to Comments } 15
919 BAYSIDE DRIVE RESIDENTIAL PROJECT
MITIGATION MONITORING AND REPORTING PLAN
1.0 INTRODUCTION
1.1 Background and Purpose
In accordance with the requirements of the CALIFORNIA PUBLIC RESOURCES CODE §21081.6, and
as part of its certification of the adequacy of the Negative Declaration for the 919 Bayside Drive
Residential Project (SCH No. 2005061019), the City Council ( "Council ") of the City of Newport
Beach (the "City "), adopts the following "Mitigation Monitoring and Reporting Plan" ( "MMRP" or
"Plan ") for the mitigation measures which are summarized in this Plan. The mitigation
measures contained in this MMRP reflect the measures that have been incorporated through
preparation of the Negative Declaration and response to comments during the public review
process.
The Council adopts this MMRP in its capacity as the lead agency for certification of the Negative
Declaration for the 919 Bayside Drive Residential Project in accordance with the provisions of
the CALIFORNIA ENVIRONMENTAL QUALITY ACT ( "CEQA ") (CAL. PUB. RES. CODE § §21000, et seq.)
and its implementing guidelines (14 CAL.CODE REGS. § §15000, et seq.) (the "CEQA
GUIDELINES ").
The principal purpose of the MMRP is to ensure that the Council - approved mitigation measures
for the adopted Project are implemented and monitored to ensure compliance during
subsequent planning stages and, ultimately, during project implementation. In general, UGS
Development, Inc. (the "Applicant ") is responsible for overseeing implementation and
completion of the adopted mitigation measures. This includes the review of all monitoring
reports, enforcement actions, and document disposition, unless otherwise noted in the attached
MMRP table. However, the Council retains overall responsibility for verifying implementation of
all adopted mitigation measures.
2.0 MITIGATION MONITORING PROCEDURES
The City is the designated lead agency for the MMRP and, as such, is responsible for review of
all monitoring reports, enforcement actions, and document disposition, unless otherwise noted
in the Mitigation Monitoring Table below.
3.0 MITIGATION MONITORING AND REPORTING PLAN
The MMRP is provided in tabular format to facilitate effective tracking and documentation of the
status of mitigation measures. The attached MMRP table provides the following monitoring
information:
Standard Condition — The City's "Standard Conditions of Approval" apply to all City
projects, including the Proposed Project, and are meant to assist the City in mitigating
significant adverse impacts of development projects which require City approval of
discretionary permits, such as area plans, use permits, site development permits,
tentative tract maps and tentative parcel maps. The Standard Conditions applicable to
the Proposed Project are listed in this MMRP.
919 Bayside Drive Residential Project
Mitigation Monitoring and Reporting Plan (MMRP) Page 1 ` ( `
• Mitigation Measure -- A list or inventory of all the mitigation measures for the Project
from the Mitigated Negative Declaration.
• Timing of Verification — The appropriate time or phase for the implementation of each
mitigation measure; and
• Approving or Verifying Authority — The.City Department or Departments responsible for
overseeing the implementation and completion of each mitigation measure.
919 Bayside Drive Residential Project
Mitigation Monitoring and Reporting Plan (MMRP) Page 2
1�
The following are acronyms used in the Mitigation Monitoring Matrix:
BMPs
Best Management Practices
CNEL
Community Noise Equivalent Level
ESCP
Erosion and Sediment Control Plan
MM
Mitigation Measure
NPDES
National Pollutant Discharge Elimination System
SC
Standard Condition
SCAQMD
South Coast Air Quality Management District
SWPPP
Stormwater Pollution Prevention Program
WQMP
Water Quality Management Plan
919 Bayside Drive Residential Project
Mitigation Monitoring and Reporting Plan (MMRP) Page 3 1
919 8ayside Drive Residendaf Project
MITIGATION MONITORING TABLE
�IArt#sttorF IVfeasure
::
Tri9ger(Tj #ttd
%Y��pravutq Of,`
Implemeh #;�E�ae (1�
iii
Cultural Resources
SC C -1 Prior to issuance of a grading permit, the applicant
(T) Prior to
Planning
shall provide written evidence to the Planning
Issuance of a
Director
Director that a qualified archaeologist has been
Grading Permit
retained to observe grading activities and conduct
salvage excavation of archaeological resources as
(1) Ongoing During
necessary. The archaeologist shall be present at the
Construction
pre - grading conference, shall establish procedures
for archaeological resource surveillance, and shall
establish, in cooperation with the applicant,
procedures for temporarily halting or redirecting work
to permit the sampling, identification and evaluation
of the artifacts as appropriate. If additional or
unexpected archaeological features are discovered,
the archaeologist shall report such findings to the
applicant and to the Planning Department. If the
archaeological resources are found to be significant,
the archaeological observer shall determine
appropriate actions, in cooperation with the applicant,
for exploration and /or salvage. These actions, as
well as final mitigation and disposition of the
resources, shall be subject to the approval of the
Planning Director.
SC C -2 Prior to issuance of a grading permit, the applicant
(T) Prior to
Planning
shall provide written evidence to the Planning
Issuance of a
Director
Department that a qualified paleontologist has been
Grading Permit
retained to observe grading activities and salvage
fossils as necessary. The paleontologist shall be
(1) Ongoing During
present at the pre - grading conference, shall establish
Construction
procedures for paleontological resource surveillance,
and shall establish, in cooperation with the applicant,
procedures for temporarily halting or redirecting work
to permit the sampling, identification and evaluation
of fossils. If major paleontological resources are
discovered which require long term baiting or
redirecting of grading, the paleontologist shall report
such findings to the applicant and to the Planning
Department. The paleontologist shall determine
appropriate actions, in cooperation with the applicant,
which ensure proper exploration and /or salvage.
These actions, as well as final mitigation and
disposition of the resources, shall be subject to the
approval of the Planning Director.
919 Bayside Drive Residential Project
Mitigation Monitoring and Reporting Plan (MMRP) Page 4 ab
919 Bayside Drive ResldeMial
Mfgation M2asGre
Trrggerarrd
�pptbvin
Yferitymg
..
Impt ®metif�tiat141 }.
AutF►'orfty .'
SC C -3 In accordance with Public Resources Code 5097.94,
(T) If Human
Planning
if human remains are found, the Orange County
Remains are
Director
coroner must be notified within 24 hours of the
Found
discovery. If the coroner determines that the remains
are not recent, the coroner will notify the Native
(1) Ongoing During
American Heritage Commission in Sacramento to
Construction
determine the most likely descendent for the area.
The designated Native American representative then
determines in consultation with the property owner
the disposition of the human remains.
Geology and Soils
SC G -1 A geotechnical report shall be required with the
(T) Submittal of
City Building
submittal of construction drawings for plan check.
Construction
Department
The Building Department shall ensure that the project
Drawings for
complies with the geotechnical recommendations
Plan Check
included in the " Geotechnical Investigation" (Petra,
2004), as well as additional requirements, if any,
(1) Prior to Initiation
imposed by the Newport Beach Building Department.
of Construction
Activities
SC G -2 Prior to issuance of a grading permit, the project
(T) Prior to
City Building
applicant shall document to the City of Newport
Issuance of a
Department
Beach Building Department that all facilities will be
Grading Permit
designed and constructed to comply with current
seismic safety standards and the current City-
(1) Prior to Initiation
adopted version of the Uniform Building Code.
of Construction
Activities
Hazards and Hazardous Materials
SC H -1 Prior to the issuance. of any grading or building
(T) Prior to
City Building
permit, the applicant shall submit an asbestos
Issuance of Any
Official
abatement and removal plan to the City Building
Grading or
Official for approval. The abatement and removal
Building Permit
plan shall comply with notification and asbestos
removal procedures outlined in SCAQMD Rule 1403
(1) Ongoing During
to reduce asbestos related health issues.
Construction
SC H -2 Prior to the issuance of any grading or building
(T) Prior to
City Building
permit, the applicant shall submit a lead -based paint
Issuance of Any
Official
abatement and removal plan in accordance with all
Grading or
applicable federal, state, and local regulatory
Building Permit
requirements to the City Building Official for approval.
(1) Prior to
Initiation of
Construction
SC H -3 Prior to the issuance of any grading or building
(T) Prior to
City Building
permit, the applicant shall submit a Erosion and
Issuance of Any
Official
Sediment Control Plan (ESCP) in a manner meeting
Grading or
919 Sayside Drive Residential Project
Mitigation Monitoring and Reporting Plan (MMRP) Page 5 y
919 Bayside Drive Residential Project
Mitigation t7
re
irld
Arq"-WT'
pp
. ...... . .
n (1)
approval of the City Building Official, to demonstrate
Building Permit
compliance with local and state water quality
regulations for grading and construction activities.
(1) Prior to
The ESCP shall identify how all construction
Initiation of
materials, wastes, grading or demolition debris, and
Construction
stockpiles of soil, aggregates, soil amendments, etc.
shall be properly covered, stored, and secured to
prevent transport into local drainages or coastal
waters by wind, rain, tracking, tidal erosion, or
dispersion. The ESCP shall also describe how the
applicant will ensure that all Best Management
Practices (BMPs) will be maintained during
construction of any future public right-of-ways. A
copy of the current ESCP shall be kept at the project
site and be available for City of Newport Beach
review on request.
SC H-4 The applicantloperator shall store, manifest,
(T) If/When
City Building
transport, and dispose of all on-site generated waste
Hazardous
Official
that meets hazardous waste criteria in accordance
Waste is
with California Code of Regulations Title 22 and in a
Generated On
manner to the satisfaction of the City Building Official.
Site
The applicarittoperator shall keep storage,
transportation, and disposal records on site and open
(1) Ongoing During
for inspection to any government agency upon
Construction
request.
Hydrology and Water Quality
SC W-1 Prior to issuance of any grading permits, the
(T) Prior to
City Building
applicant shall submit evidence to the City Building
issuance of Any
Official
Official that the applicant has obtained coverage
Grading Permit
under the NPDES statewide General Construction
Activity Storrnwater Permit from the State Water
(1) Prior to Initiation
Resources Control Board.
of Construction
Activities
SC W-2 Prior to issuance of any grading permits, the
(T) Prior to
City Building
applicant shall obtain a NPDES permit. The
Issuance of a
Department
applicant shall incorporate storm water pollutant
Grading Permit
control into erosion control plans using BMPs to the
maximum extent possible. Evidence that proper
(1) Prior to Initiation
clearances have been obtained through the State
of Construction
Water Resources Control Board shall be given to the
Activities
Building Department prior to issuance of grading
permits.
SC W-3 Prior to the issuance of any grading permits, the
(T) Prior to
City Building
applicant shall submit a SWPPP to the City for review
Issuance of Any
Department
and approval. The SWPPP shall be maintained on-
Grading Permit
site throughout the construction phase and shall be
made available to the public for review, upon request.
(1) Ongoing During
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919 Sayside DYive Residential Project
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SC W-4
Prior to the issuance of a grading permit, the
(T)
Prior to
City Building
applicant shall submit a WQMP specifically
Issuance of a
Department
identifying the BMPs that will be used on site to
Grading Permit
control predictable pollutant runoff. The plan shall
identify the types of structural and non - structural
(1)
Prior to Initiation
measures to be used.
of Construction
Activities
Noise
SC N -1
Consistent with City of Newport Beach Noise
(T)
Initiation of Any
City Building
Ordinance, noise - generating project construction
Construction
Official
activities shall be limited to the hours of 7:00 AM to
Activities
6:30 PM Monday through Friday and 8:00 AM and
6:00 PM on Saturdays. No demolition or
(1)
Ongoing During
construction activities shall be permitted on
Construction
Sundays or legal holidays. The City Building Official
shall be responsible for ensuring that the
applicanttoperator complies with these
requirements.
MM N -1
Prior to the issuance of any grading permit, a detailed
(T)
Prior to
City Building
acoustical analysis shall be prepared by a qualified
Issuance of Any
Official
acoustical consultant and submitted to the City. This
Grading Permit
acoustical analysis shall describe and quantify the
noise sources impacting the area and the measures
(1)
Prior to Initiation
required to meet the 65 CNEL exterior residential
of Grading
noise standard. The final grading plans shall
Activities
incorporate the noise barriers required by the
analysis and the property ownerldeveloper shall
install these barriers.
MM N -2
Prior to issuance of any building permit, a detailed
(T)
Prior to
City Building
acoustical study using architectural plans shall be
Issuance of a
Official
prepared by a qualified acoustical consultant and
Building Permit
submitted to the City Building Official. This report
shall describe and quantify the noise sources
(1)
Prior to Initiation
impacting the proposed Multi - Family Residential
of Construction
units, the amount of outdoor- to-indoor noise
Activities
reduction provided in the architectural plans, and any
upgrades required to meet the City's interior noise
standards (45 CNEL for residences). The measures
described in the report shall be incorporated into the
architectural plans for the buildings and implemented
with building construction.
Public Services
SC P -1
Prior to issuance of any grading or building permit,
(T)
Prior to
City Planning
the applicant shall submit all project - specific plans to
Issuance of Any
Department,
919 Wayside Drive Residential Project
Mitigation Monitoring and Reporting Plan (MMRP) Page 7
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the Planning Department, Public Works Department,
Building Permit
City Public
and Fire Department for review.
Works
(1) Prior to Initiation
Department,
of Construction
City Fire
Activities
I Department
Recreation
SC R -1 Prior to recordation of the final tract map, the
(T) Prior to
City Park
applicant will be required to pay an in -lieu fee in
Recordation of
Department
accordance with the Park Dedication and Fee
the Final Tract
Ordinance.
Map
(1) Recordation of
the Final Tract
Map
Transportation /Circulation
SC T -1 Disruption caused by construction work along
(T) Initiation of Any
City Public
roadways and by movement of construction vehicles
Construction
Works
shall be minimized by proper us of traffic control and
Activities
Department
flagmen.
(1) Ongoing During
Construction
SC T -2 Traffic control and transportation of equipment and
(T) Initiation of Any
City Public
materials shall be conducted in accordance with state
Construction
Works
and local requirements.
Activities
Department
(1) Ongoing During
Construction
SC T -3 Prior to the issuance of any building permit, the
(T) Prior to
City Public
applicant shall prepare a construction phasing plan
Issuance of a
Works
and construction delivery plan that includes routing of
Building Permit
Department
large vehicles for review by the City Public Works
Department. Large vehicles shall not be permitted to
(1) Prior to Initiation
travel narrow streets and alleys, as determined by
of Construction
the Public Works Department.
Activities
Utilities and Service Systems
SC U-1 Prior to issuance of any grading or building permit,
(T) Prior to
City Utilities
the applicant shall submit all project- specific plans to
Issuance of Any
Department, .
the City Utilities and Public Works Departments for
Grading or
City Public
review.
Building Permit
Works
Department
(1) Prior to Initiation
of Construction
Activities
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Mitigation Monitoring and Reporting Plan (MMRP) Page a 1 46