HomeMy WebLinkAbout2006-6 - Amending the Districting Map and Approving Planned Community Text Amendment No. 2004-003 Adopting the Bayside Residential Planned Community District Development Regulations for Property Located at 919 Bayside DriveORDINANCE NO. 2006 -6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING CODE AMENDMENT NO. 2004 -003 AMENDING
THE ZONING DISTRICTING MAP AND ADOPTING THE BAYSIDE
RESIDENTIAL PLANNED COMMUNITY DISTRICT DEVELOPMENT
REGULATIONS FOR PROPERTY LOCATED AT 919 BAYSIDE DRIVE
(PA 2004 -072).
WHEREAS, on August 18, 2005, and on November 13, 2005, the Planning
Commission of the City of Newport Beach held a noticed public hearing regarding this
code amendment.
WHEREAS, the Planning Commission voted 5 to 1 to recommend approval of
this code amendment to the City Council.
WHEREAS, on January 10, 2006 and on February 14, 2006, the City Council of
the City of Newport Beach held a noticed public hearing regarding this code
amendment.
WHEREAS, the proposed Planned Community Development Regulations set
forth use and development standards for the Bayside Residential Planned Community.
The proposed regulations provide suitable and adequate standards including those
relating to uses, setbacks, building height limits, floor area limits, and signs.
WHEREAS, the proposed Planned Community Development Regulations (Zoning)
are consistent with the General Plan land use designation of Multi - Family Residential for
the proposed 17 -unit subdivision approved concurrently with this ordinance.
WHEREAS, a Mitigated Negative Declaration (SCH NO. 2005 - 061019) that
identifies potential significant impacts to the environment and certain mitigation
measures designed to avoid such impacts or reduce them to a less than significant level
was approved relative to the Planned Community text.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: Zoning Districting Map No. 15 shall be revised as depicted in
Exhibit "B ".
SECTION 2: The Bayside Residential Planned Community District Regulations
as provided in Exhibit "A" is hereby adopted.
SECTION 3: All property and uses within the planned community shall be subject
to the regulations contained in the Bayside Residential Planned Community District
Regulations.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. This Ordinance shall be published once in the official newspaper of
the City, and the same shall become effective thirty (30) days after the date of its
adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on February 28, 2006, and adopted on the 14th day of March
2006, by the following vote, to wit:
AYES, COUNCIL MEMBERS . Curry, selich, Rosansky,
Ridgeway, Daigle, Nichols, Mayor Webb
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
o`r - 'V- I y jY01NYLJ
CITY CLERK
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None
EXHIBIT A
Bayside Residential
Planned Community District
Development Regulations
TABLE OF CONTENTS
Bayside Residential Planned Community District Regulations
Page
Introduction..............................................................................
..............................1
ProjectDescription .................................................................. ..............................1
Section I
Statistical Analysis ..................................... ...............................
5
Section II
Development and Use Regulations ............ ..............................5
Section III
Conditions of Approval ............................... ..............................9
List of Figures
Figure I
General Site Location ................................. ..............................3
Figure 11
Land Use Plan ............................................ ..............................4
FigureIII
Site Plan ...................................................... .............................22
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The subject of this document is a 3.92 -acre parcel on Bayside Drive that has been
designated as "Bayside Residential Planned Community District' on the Districting Map
for the City of Newport Beach. The designation was adopted to allow subdivision of the
parcel into 17 single - family lots and subsequent construction of custom - designed, luxury
homes. The Bayside Residential Planned Community District designation and 'Bayside
Residential Planned Community District Development Regulations" have been adopted
consistent with Chapter 20.35, "Planned Community District', of the Newport Beach
Zoning Code.
The project site is designated Multi - Family Residential in the Land Use Element of the
General Plan. This designation permits both single - family and multiple - family dwellings;
however the Bayside Planned Community does not permit more than one units per
number lot within the subdivision. The 3.92 -acre parcel will be developed consistent
with the General Plan and with regulations set forth herein and with all applicable
ordinances, standards, and policies of the City of Newport Beach.
All terms within this document shall be defined herein or they shall derive their meaning
from the Newport Beach General Plan and /or Municipal Code. Where this document is
in conflict with similar provisions of the Municipal Code, this document shall control.
Where this document does not address a particular land use, zoning or development
issue, the Municipal Code shall control. Nothing within this document shall be construed
to relieve any party from compliance with all applicable laws, guidelines, policies of the
Newport Beach Municipal Code.
The subject property is located within the Coastal Zone and development pursuant to
this PC Text will require a Coastal Development Permit from the California Coastal
Commission.
The general site location and land use plan for the subject property are set forth in
Figure I and Figure 2.
PROJECT DESCRIPTION
The Promontory Bay area of Newport Beach is bounded by Newport Bay, Marine
Avenue /Jamboree Road and East Coast Highway where the project site is generally
located. The Bayside Residential Planned Community District is within this area and is
located on the south side of Bayside Drive between Promontory Channel, Newport Bay
and the Cove Condominiums across from a neighborhood retail shopping center
(Bayside Center) anchored by a supermarket. The Cove Condominiums (multiple -
family residential dwellings) are located to the east of the subject property.
Vehicular access to the planned community is provided from Bayside Drive by a single
gated access. A bulkhead provides sufficient water depth at the south property line for
1
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- foot -wide irrevocable public access easement extends from Bayside
Drive along the westerly boundary of the planned community to the waterfront at the
North Channel of Newport Bay. Redevelopment of the subject property pursuant to this
Planned Community text requires reconfiguration and reconstruction of improvements
within this easement to improve public pedestrian access to the waterfront. These
include a new 8 -foot wide sidewalk and a two -foot wide landscaped planter. The
easement includes a viewing platform at the southwest corner of the planned
community.
A 6 -foot wide gangplank extended from the viewing platform to a 6- foot -wide floating
walkway parallel to the waterfront at the time of development approval. Development of
the property pursuant to the Planned Community text includes removal of the gangplank
and dedication of an 8- foot -wide public access easement parallel to the waterfront at the
North Channel. This 8 -foot wide easement is comprised of a 3 -foot wide, on -land
component adjoining a 5 -foot wide segment cantilevered over the surface of the water.
The width of each easement component is measured from the centerline of the existing
bulkhead. Development of the property is conditioned upon construction of an 8 -foot
wide sidewalk on this easement. Both the easement and the walkway extend from the
existing, on -land easement along Promontory Bay along the westerly property line of
the subject parcel to the easterly property line.
An easement to accommodate a ramp and walkway segment (Americans with Disability
Act - compliant) outside the boundaries of the Tentative Tract Map are shown on the
Tentative Tract Map includes with this text. Dedication of the easement and
construction of the ramp are conditions of project approval. The easement and ramp
extend from the bulkhead walkway to the easterly end of the existing floating walkway at
the project site where the walkway continues along the waterfront at the Cove
Condominium property to the east. The easement and walkway provide unobstructed
public access to the waterfront. The ramp will also provide access to the private boat
docks.
The 3.92 -acre project site is to be developed as a gate community of custom - designed,
single- family homes. Newport Tentative Tract Map No. 2004 -001 (Tract 15323) was
approved with this PC Text and accommodates creation of 17 single - family lots
represented as numbered lots on the Tract Map. All lettered lots are in common and are
intended to accommodate common amenities and other improvements and are not
developable for residences.
Common area facilities include the private driveway providing access to all lots, a
recreation lot which may include a pool, and landscaped areas. A 6 -foot wide fire
access easement, that must remain open and unobstructed at all times, connects the
private loop road to a gangplank and to the walkway at the boat docks.
2
Adoption of the Bayside Residential Planned Community District zoning designation and
corresponding Bayside Residential Planned Community District Development
Regulations for the subject property was deemed an appropriate means of integrating a
gated community of single - family, detached homes within the context of gated, attached
apartment and condominium communities within the immediate area. Adoption of the
PC designation and text provided the City the means to maintaining and enhancing
public access to the waterfront. Development standards incorporated in the PC Text
accommodate residential development consistent with the General Plan Multi - Family
designation, yet of reduced scale than might otherwise be allowed, as a suitable
transition from Bayside Drive to the waterfront.
VICINITY MAP
BAY HARBOR - T.M. 15323
PLANNED COMMUNITY DISTRICT
ADAMS • STREETER
CIVIL ENGINEERS, INC.
15 Corporate Park, Irvine, CA 92606
Ph: (949) 474 -2330 Fax: (949) 474 -0251
NOT TO SCALE CONTACT: FELIX GONZALEZ
RETAIL k SERVICE LAND USE PLAN
COMMERCIAL
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BAY HARBOR - T.M. 15323
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WATERWAY
\ I" NOT TO SCALE
` EXIST. DOCKS ,
NORTH BAY FRONT
TWO FAMILY RESIDENTIAL
ADAMS • STREETER
CIVIL ENGINEERS, INC.
15 Corpomte Park Irvine, CA 92606
Ph: (949) 474 -23M Fax: (949) 474-Ml
CONTACT: FaA GONZAIEZ
SECTION I STATISTICAL ANALYSIS
1. Area of Development
Total Area: 3.92 acres
2. Site Area and Usage
A. Individual residential leases 2.79 acres (Lots 1 -17)
B. Common recreation area: 0.19 acres. (Lot "A ")
C. Irrevocable public access 0.17 acres (Lot "B")
D. Common open space & landscape 0.10 acres. (Lots "C ", "D ")
E. Vehicular driveways 0.67 acres (Lot "E ")
SECTION II DEVELOPMENT & USE REGULATIONS
1. Permitted Uses
A. Single- family, detached dwellings
B. Accessory structures (i.e. garages, gazebos, barbeques, fences, walls,
etc.)
C. Recreation facilities ancillary to residential uses
D. Model homes and on -site sales office
E. Home occupations pursuant to the Zoning Code
2. Intensity of Development
Maximum permissible number of units: 17 single - family, detached
dwellings
4. Minimum Lot Area and
Minimum lot areas are as indicated in Table 1, "Bayside Planned Community
District Regulations."
5. Maximum Buildable Area
Maximum buildable areas are as indicated in Table 1, 'Bayside Planned
Community District Regulations."
6. Maximum Floor Area
The maximum allowable floor area is 1.75 times maximum buildable area as
indicated in Table 1, "Bayside Planned Community District Regulations."
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7. Minimum Yards
Minimum yards are as indicated in Table 1, "Bayside Planned Community District
Regulations."
Table 1 Bayside Planned Community District Regulations
Minimum Maximum Maximum 3
Buildable Minimum Yards
Lot Lot Area Floor
(Sq. Ft.) (Sq. Ft )' Area2 Front Side Rear
1 6,550 4,048 7,084
35'4
5'5,6
10'5
2 5,818 3,172 53551
20'
5'
10'
3 10,559 6,117 10,704
15''
5'
10'8
4 6,350 3,556 6,223
22''
5'
5'e
5 83351 4,927 8,622
22''
5'9
5'8
6 7,620 4,419 7,733
22''
5'
5'e
7 7,937 4,683 8,195
22''
5'
68
8 6,350 3,556 6,223
22''
5'
5'8
9 8,868 5,135 8,985
17''
5'
5'8,10
10 7,155 4,113 7,198
203'
5'
5'8,9
11 6,000 3,540 6,195
20''
5'
58
12 6,000 33540 6,195
20''
5'
5'8
13 6,000 3,327 5,822
20''
5/10'
68
14 6,720 33564 6,237
203'
5'/10'
68
15 8,400 3,856 6,748
15/'20'7•"
5i5
lo,5,8
16 6,640 3,851 6,739
20'
535
10'5
17 5.800 3.364 5.887
20'
5'5
10
Lot area less minimum front, side, and rear yard areas
2 1.75 X Maximum buildable area and not including maximum 400 sq.
ft. attributable to required, enclosed
parking
8 Minimum 18' required between face of garage wall and back of curb
4 Minimum 20' front yard if merged with Lot 2
5 Lots 1; 15, 16, & 17, minimum 10' yard required parallel to Bayside Drive and
measured from the
respective landscape Lot "C" or Lot 'V.
6 Minimum 10' side yard required between building wall and easterly tract boundary.
' Water -side yard deemed "front yard' for Lots 3 - 15 (see Tract Map)
e Minimum 5' rear yard required between each one -story building wall
and curbside property line;
minimum 10' rear yard required between each two -story building wall
and curbside property line.
s Minimum 5' side yard required adjacent to "Fire Access Easement" shown
on Tract Map
'0 Minimum 5' side yard adjacent to "pedestrian access easement" on
Tract Map
" Minimum 20' required at southerly 55' of front yard; minimum 15' required at northerly 42' per Tract
Map
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8. Building Height
The baseline for measuring height shall be finished grade. The maximum
permissible height of any dwelling shall be 28 feet to the mid -point of a sloping
roof or to the top of a flat roof. The peak of a sloping roof shall not exceed 33
feet. If a roof -top deck is proposed, the height of any protective railing shall be no
higher than 28 feet. The maximum permissible height of any accessory structure
shall be 12 feet.
9. Building Pad Elevations
Building pads adjacent to the bulk -head along Newport Channel may be raised to
elevations as shown on Tentative Tract Map 2004 -001 (TRACT 15323) approved
in conjunction with adoption of this text.
10. Vehicular Access
Vehicular access to all buildable lots within the Bayside Community shall be
provided by a private driveway that shall comply with City Council Policy L -4
except that sidewalks are not required. The minimum width of the private
driveways shall be 36 feet measured curb to curb when parking is allowed on
both sides of the private driveway and 32 feet curb to curb when parking is
allowed on one side or no parking is allowed. Curb -side parking spaces within on
Lot "E" shall be 8' x 22' minimum. The Bayside P -C development may be a
private (gate guarded) community with secured vehicular access.
11. Parking
The size of open and enclosed parking spaces and areas shall be as specified by
the residential parking standards contained in the Newport Beach Zoning Code.
A minimum of two (2) garage parking spaces shall be provided per dwelling. In
addition, a minimum of two parking spaces (side -by -side, not tandem) shall be
provided on the driveway approach to each garage of each single - family
dwelling. A total of 19 curb -side parking spaces shall be provided on the
common, private driveway that provides access to each buildable lot.
Driveway approaches to each dwelling 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. A
maximum of 1 driveway approach is permitted dwelling.
12. Signs
All signs shall conform to the all applicable sign standards of the Municipal Code.
A sign program for the Bayside Planned Community shall be submitted pursuant
K
to Section 20.67 of the Zoning Code for review and approval by the Planning
Director.
13. Lighting
All lighting within the development shall be implemented and maintained in
accordance with applicable City Standards and shall be designed and maintained
in a manner which minimizes impacts on adjacent land uses. Nighttime lighting
shall be limited to that necessary for security. All plans for lighting shall be
prepared and signed by a licensed electrical engineer and shall be subject to
review and approval of the Planning Director.
14. Fences, Hedges and Walls
Fences, hedges and walls shall be limited to three (3) feet in height in all front
yards and in the rear yards of waterfront lots (Lots 3 -15). Fences, hedges, and
walls shall be limited to six (6) feet in height in all other rear yards and side yards
including the perimeter wall at Bayside Drive.
Exception: Hedges along the perimeter wall along Bayside Drive shall be limited
to twelve (12) feet in height.
Exception: Open -work walls and fences that are ninety - percent of the wall plane
open (wrought iron in combination with pilaster) up to a maximum of six (6) feet
in height are permitted at the side property line of each waterfront lot (Lots 3 -15)
and extending into the front yard from the setback line to the waterfront property
line.
Walls that extend in the same plane as the front (common driveway -side) wall of
a dwelling into a required side yard for purposes of enhancing the entrance of an
entry courtyard may be up to twelve (12) feet in height.
15. Arbors and Trellises
Arbors and trellises may project into yards abutting the common driveway
provided no such structure is closer than four (4) feet to the property line. The
footprint area of such structures shall not exceed forty (40) square feet with a
maximum height of ten (10) feet. Arbors and trellises must be at least 50% open.
9
16. Barbegues
Freestanding barbeques may project into all residential side yards, into rear
yards of non - waterfront lots (Lots 1, 2, 16, 17) and front yards of waterfront lots
(Lots 3 -15) provided a minimum distance of four (4) feet is maintained between
the barbeques and the respective side, rear, or front property lines. No barbeque
including chimney may exceed five (5) feet in height. Barbeques shall be located
so as not to impede emergency access.
17. Structures in Common Areas
Freestanding structures such as entry arbors, trellis, and colonnades are
permitted in common areas. Said structures are limited to twelve (12) feet in
height. Entry arbors, trellises, and colonnades must be at least 50% open and
shall be located at least four (4) feet from the nearest property line or lines.
Freestanding fireplaces or barbeques in common areas are permitted with a
maximum height of ten (10) feet and subject to compliance with the requirements
of the Uniform Building Code. Fireplaces and barbeques must be located at
least four (4) feet from the nearest property line or lines.
SECTION III CONDITIONS OF APPROVAL
The following conditions shall apply to all development pursuant to the Bayside Planned
Community Development Regulations and are adopted as conditions of approval of
Tentative Tract Map No. 2004 -001 (Tract 15323):
1. Water service to the Planned Community will be furnished by the City of Newport
Beach. Each dwelling unit/building shall be served with an individual water
service lateral connection to the public water system unless otherwise approved
by the Public Works Department and the Building Department.
2. Sewage disposal service facilities to the Planned Community will be provided by
the City of Newport Beach and the Orange County Sanitation District. Each
dwelling unit/building shall be served with an individual sewer service lateral
connection to the public sewer system unless otherwise approved by the Public
Works Department and the Building Department.
3. Grading and erosion control shall be carried out in accordance with the
provisions of the City of Newport Beach Grading Ordinance and shall be subject
to permits issued by the Building and Planning Departments.
4. The developer shall comply with the City's water quality and on -site non -storm
runoff retention requirements by the preparation and approval by the City of a
Stormwater Pollution Prevention Plan (SWPPP). Existing drainage outlets within
10
the existing bulkheads that discharge on -site runoff into the Bay shall be modified
to meet the City's on -site runoff water quality requirements.
5. Fire equipment access walkways, streets, gangplanks, and dock ways 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 City
Newport Beach Building and Fire Departments.
6. 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.
7. All improvements shall be designed and constructed in accordance with the
current edition of the City Design Criteria, Standard Special Provisions, and
Standard Drawings.
8. The California Vehicle Code shall be enforced on the private streets and drives,
and delineation acceptable to the Police Department and Public Works
Department shall be provided along the sidelines of the private streets and
drives.
9. Curb -side collection of refuse shall be subject to City of Newport Beach approval.
10. The design of public access improvements shall provide for full public access 24-
hours a day, 7 -days a week to 100% of the bay frontage along Promontory Bay
Channel and Balboa Channel. The existing walkway along the Promontory
Channel shall be improved to provide a minimum width of eight (8) feet
unobstructed passage and a raised planter, two feet in width, extending the
length of the walkway. A new, on -land and cantilevered public walkway along
the water front shall be eight (8) feet clear and shall be constructed to meet all
ADA standards as shall the new ramp connecting this walkway with the existing
floating walkway.
11. A 12 -foot wide concrete sidewalk/bike path behind the street curb face shall be
provided along the Bayside Drive frontage.
12. All on -site common area improvements such as parks, docks, entry gates and
entry, all on -site drainage, sanitary sewer, water, and electrical systems shall be
owned or leased, operated and maintained by the HOA.
13. All overhead utilities serving the P -C shall be made underground.
14. The developer shall be required to submit a sign plan for review by the Planning
Department for conformity with Chapter 20.67 of the Zoning Code. The sign plan
shall include informational signs at the access to Lot B from Bayside Drive right-
of -way, at the juncture of the Promontory Bay accessway on Lot B with the on-
11
land and cantilevered accessway along the Bay, and at the location where the
prolongation of the easterly property line of the subject property intersects with
the floating dockway clearly identifying such improvements as public walkways
and inviting pedestrians. Sign text and graphics are subject to review and
approval of the Planning Director.
15. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the Planned Community District
Regulations.
16. The development shall be in substantial conformance with the approved Tentative
Tract marked Attachment 4 to the City Council Staff Report for PA 2004 -072 dated
February 14, 2006.
17. The applicant is required to obtain all applicable permits from the City Building and
Fire Departments.
18. 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.
19. 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.
20. 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 notified of the conditions of this approval by the current owner or
leasing company.
21. No dwelling other than one, single - family, detached dwelling may be constructed on
any buildable lot created by Tentative Tract Map 53232. No dwelling may exceed a
height of twenty -eight (28) feet as measured consistent with Municipal Code
Section 20.65.030, "Measurement of Height ". For this purpose, "grade" shall be the
respective pad elevations shown on the Tentative Tract Map. These restrictions
shall be included in the Conditions, Covenants, and Restrictions (CC &R's) which
shall be prepared and recorded with the County Clerk at the time a Final Map is
recorded.
22. Boat slips fronting the project site shall be operated as a residential marina for the
17 residential leaseholds of the Bayside Residential Planned Community. The
slips shall not be rented to anyone who is not a resident of the Bayside Residential
Planned Community. These restrictions shall be noted on the Final Map and
incorporated into Conditions, Covenants, and Restrictions (CC &R's) which shall be
prepared and recorded with the County Clerk at the time a Final Map is recorded.
12
23. The applicant shall prepare architectural guidelines that will apply to the design of
all dwellings proposed for construction on lots created by Tentative Tract Map
15323 approved together with this Use Permit. The architectural guidelines shall
be subject to review and approval of the Planning Director. The architectural
guidelines shall be incorporated into Conditions, Covenants, and Restrictions
(CC &R's) which shall be prepared and recorded with the County Clerk at the time a
Final Map is recorded. The CC &R's shall require that all dwellings and
improvements comply with the architectural guidelines.
24. The applicant shall prepare plans for construction of public access improvements
on Lot B including the public walkway improvements along Promontory Bay, the on-
land and cantilevered walkway along the existing bulkhead, the ramp connecting
the on -land and cantilevered walkway with the existing floating dockway, and
related improvements consistent with revised Tentative Tract Map 15323 as
necessary to comply with handicapped access requirements of the California
Building Codes and to enhance pedestrian safety and improve the visual character
of public access through inclusion of lighting, railings, and other appropriate
improvements. The plans shall be developed in consultation with the City's Harbor
Resources Division and subject to final approval by Harbor Resources, Public
Works, and Planning.
25. The on -land and cantilevered walkway and ramp shall be designed to meet
exiting and fire protection requirements as specified by the applicable Codes and
shall be subject to review and approval by the Newport Beach Building, Fire, and
Harbor Resources Departments.
26. 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.
27. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
28. 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.
29. 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.
30. 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.
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31. The Developer shall file one (1) Final Tract Map (Map).
32. 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.
33. The Final Map shall include reconfigured Lots C and D that encompass the
perimeter wall to be reconstructed along the Bayside Drive frontage and a
landscaped area, minimum 6 -feet in width, measured between the back of the
existing public sidewalk as shown on the Tentative Tract Map and the face of the
reconstructed perimeter wall.
34. The Developer of the Bayside Planned Community shall obtain and maintain a
valid Harbor Permit for the continued operation and maintenance of the existing
or future docks, gangplanks and other dock related improvements. This Harbor
Permit shall be transferred to the Homeowners Association (HOA) for the
Bayside Planned Community upon its creation. As a condition to the Harbor
Permit, the fee owner and leasehold owner shall execute an agreement to
provide and maintain public access as identified within these Planned
Community District Regulations and these conditions of approval.
35. The Final Map shall be revised to provide a lettered lot coterminous with the
cantilevered public walkway along Lots 3 -9 unless the California Coastal
Commission determines that the cantilevered public walkway is not the
appropriate means of providing public access to the waterfront. Said lot shall be
owned and maintained by the Home Owners Association for public access
purposes and said lot shall not be obstructed or used for other purposes.
36. 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
Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron
pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the
City Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
37. 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.
14
38. Submit written documentation from the holders of the various existing easements
shown on the Tentative Trace Map as being relocated or replaced ore
relinquished that they have reviewed and agreed with the quitclaim of their
respective easements as proposed by the Developer.
39. 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.
40. No structures shall be constructed within the limits of any utilities easements.
41. All applicable fees shall be paid prior to the City approval of the Final Tract Map.
42. 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.
43. All improvements within the public right -of -way shall be designed and
constructed per City Standards.
44. 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.
45. The centerline of the curb access ramps proposed at the development site
entrance shall parallel with the Bayside Drive roadway alignment.
46. The construction of bulkhead and gangways requires separate plan check and
permits.
47. 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.
48. 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.
49. All improvements shall be designed and constructed in accordance with the
current edition of the City Design Criteria, Standard Special Provisions, and
Standard Drawings.
15
50. 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.
51. The entry gate, when fully opened, shall stay clear of the travel path of vehicles
making right turns into the Tract.
52. All on -site drainage, sanitary sewer, water, and electrical systems shall be
owned, operated, and maintained by the Homeowners Association.
53. There are existing drainage outlets within the existing bulkheads 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.
54. Details shall be provided as to how the development will comply with the City's
water quality and on -site non -storm runoff retention requirements.
55. All storm drain and sanitary sewer mains shall be installed with MacWrap.
56. ADA compliant curb access ramps shall be constructed at all interior curb
returns.
57. Each dwelling unit/building 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.
58. 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.
59. The project shall provide 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.
60. Provide details on the vehicular turnaround area for garaged vehicles exiting Lots
No. 3, No. 9 and Lot No. 15 and revise as required by the City Engineer.
61. On -site parking, vehicular circulation and pedestrian circulation system shall be
subject to further review by the City Traffic Engineer.
16
62. Provide Class III standpipe system at existing dock. Remove 2 '% connections at
bulkhead.
63. Provide fire department connection for docks on Bayside Drive. Fire Department
connection shall be located within 150 feet of a public hydrant on same side of
street.
64. Automatic fire extinguishing system required for residential units when the total
floor area exceeds 5,000 square feet.
65. Minimum width at entrance shall be 14 feet clear; preliminary plans shows less
than 14 feet at two locations.
66. Turning radius for fire apparatus shall not be less than 20 feet inside radius and
40 feet outside radius. Show on plan.
67. Any obstructions in required fire access roadways, including speed bumps and
speed humps, are prohibited.
68. Provide on -site public fire hydrants.
69. Prior to the issuance of grading permits, the site shall be examined to determine
the existence and extent of archaeological and paleontological resources in
accordance with adopted City policies.
70. 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.
71. Prior to the issuance of grading 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.
72. Prior to the issuance of individual building permits, the applicant shall provide
designs for building foundations and slabs appropriate to mitigating liquefaction
hazard.
17
73. Prior to the issuance of grading, the applicant shall provide results from an
inspection by a qualified engineer indicating the condition of the bulkheads and
tiebacks and make repairs to same as necessary.
74. Prior to the issuance of a grading 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.
75. 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
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.
76. Prior to the issuance of a grading 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
clearances have been obtained through the State Water Resources Control
Board shall be given to the Building Department prior to issuance of grading
permits.
77. 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.
78. 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.
79. Prior to issuance of a grading permit, a geotechnical report shall be submitted
with construction drawings for plan check. The Building Department shall ensure
that the project complies with the geotechnical recommendations included in the
[K
M
81
"Geotechnical Investigation" (Petra, 2004), as well as additional requirements, if
any, imposed by the Newport Beach Building Department.
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.
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.
82. Prior to the issuance of a building 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.
83. Prior to the issuance of a grading or building demolition 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.
84. Prior to the issuance of a demolition permit, the applicant shall submit a lead -
based paint abatement and removal plan in accordance with all applicable
19
federal, state, and local regulatory requirements to the City Building Official for
approval.
85. 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
86. Prior to the issuance of a building permit, the applicant shall submit a landscape
and irrigation plan prepared by a licensed landscape architect for review and
subsequent approval by the Planning Director upon determination that the
landscape plan is consistent with City standards and policies. The landscape and
irrigation plan shall include landscaping and irrigation within the Bayside Drive
right -of -way between the back of public sidewalk and the boundary of the Tract
Map. 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.
87. 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.
20
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.
88. Prior to the issuance of a building permit, the project shall be reviewed by the
Building Department to verify compliance with the following requirements:
a. Provide on -site hydrants;
b. All gates to property shall be automatic and provided with opticom and
knox key.
89. 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.
90. 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.
91. During construction of the proposed improvements:
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. Hydro seed 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.);
21
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
92. Durinq 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.
93. 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.
94. 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.
95. Prior to issuance of any Certificate of Occupancy, applicant shall provide an
agreement, in form acceptable to the City Attorney, which provides for
maintenance of landscaping within the Bayside Drive right -of -way between the
back of public sidewalk and the boundary of the Tract Map. The agreement shall
include right of entry to the right -of -way for the benefit of the applicant, the
Homeowners association, and any successors for purposes of maintaining the
landscaping.
96. Prior to issuance of any Certificate of Occupancy, applicant shall complete
construction of public access improvements including the walkway along
Promontory Bay, the on -land and cantilevered walkway across and along the
bulkhead, and the ramp connecting this walkway to the existing floating walkway.
97. Prior to issuance of a Certificate of Occupancy for the first dwelling constructed in
the tract, applicant shall provide an agreement, in form acceptable to the City
22
Attorney, which provides for maintenance of the pedestrian accessways on Lot
"B ", for the ramp extending from such accessways to the floating dock, for the
floating dockway, and for related improvements by the Homeowners Association.
The agreement shall include right -of -entry to the City's property for the benefit of
the applicant, the Homeowners Association, and any successors for purposes of
maintaining the improvements.
98. Prior to issuance of any Certificate of Occupancy, applicant shall provide a
disclosure statement, in form acceptable to the City Attorney and to the Planning
Director, which shall be provided to each prospective lessee of one of the 17 lots
in the subdivision advising of the potential noxious characteristics of the nearby
boatyard which could adversely affect the prospective lessee's enjoyment of the
property. The disclosure statement shall be included and recorded with the
Conditions, Covenants, and Restrictions at the County Recorder's Office and
each lessee shall be required to acknowledge receipt of the disclosure
statement, in writing, prior to executing a lease and the written acknowledgement
shall be recorded together with the lease agreement with the County Recorder.
99. Prior to recordation of the Final Tract Map, applicant shall provide an instrument,
in form acceptable to the City Attorney, dedicating an easement for public access
over and across the on -land and cantilevered walkway on the bulkhead at the
southerly boundary of the Tract, the pedestrian ramp extending from the walkway
on the bulkhead to the floating walkway, and that portion of the floating walkway
shown on the Tract Map and necessary to provide pedestrian access from the
pedestrian ramp to the floating dockway on the adjacent property to the east.
23
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, Deputy City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2006 -6 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 14th day
of March 2006, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of March 2006. n
�E.wnogr
CJ` d Deputy City Clerk
= City of Newport Beach, California
ea
(Seal) �acoa�`r
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2006 -6 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: March 18, 2006.
In witness whereof, I have hereunto subscribed my�npme thisa day o
2006. d6
City Clerk
City of Newport Beach, California