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13 - Final Tract Map 16774, 1001 Santa Barbara Drive
,=: CITY OF Q �gW PpRr t NEWPORT BEACH CgCIFORN�P City Council Staff Report Agenda Item No. 13 May 28, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 - 3311, dawebb(a)newportbeachca.gov PREPARED BY: Wes Wittmeyer, City Surveyor 949 -644- 3317, wwittmeyer(c)-newportbeachca.gov APPROVED: c�LAA U TITLE: Final Tract Map No. 16774 for Condominium Project at 1001 Santa Barbara Drive ABSTRACT: Consider whether the City Council should approve Final Tract Map No. 16774 for a 79 unit Condominium project at 1001 Santa Barbara Drive. RECOMMENDATION: Review and Approve Final Tract Map No. 16774 located at 1001 Santa Barbara Drive (Attachment "A ") pursuant to Section 19.60.010 of the Municipal Code. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: TNHC Meridian Investors, LLC, is proposing to construct a Condominium Development at 1001 Santa Barbara Drive consisting of 79 residential units on approximately 4.26 acres of land in the Newport Center area. The site is located next to the Newport Marriott Hotel. Tentative Tract Map No. 16774 for the proposed development was approved at a City Council meeting on January 10, 2006 (Resolution No. 2006 -2, Attachment "B "). 1 of 27 Final Tract Map No. 16774 for Condominium Project at 1001 Santa Barbara Drive May 28, 2013 Page 2 Per Section 19.60.010 of the Municipal Code, the City Council shall review Final Tract maps. Final Tract map No. 16774 does conform to the applicable Tentative Tract map and its conditions of approval. The map also conforms to all the requirements of the Subdivision Map Act and the City's Subdivision Regulations. ENVIRONMENTAL REVIEW: A Mitigated Negative Declaration (MND) was approved by the City Council on January 10, 2006, in accordance with the implementation guidelines of the California Environmental Quality Act (CEQA). NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Public Works Director Attachments: A. Final Tract Map No. 16774 B. City Council Resolution No. 2006 -2 C. Location Map 2 of 27 AT rACHMEHTA N4til I W.x JIFf.T +` 1.1FIfiPYEDIOii 1 jj j ��6 PrJr NDNrG r.l vI InIPI,- .Plmr�cnG tl��� . 1���' r:[rvu rr .menu -. rnenprcL•n Ync 4. 01% PC nrn>.ar<v: it, e:ol" 111 'I'111ECIlY OP IJEVJ POI ;fUIiACiI, COIIN7V UFORANGG, SfAIEOF L'ALIFORbllA. - -._— ^ -- H[ nF 1lNIAi1K U.0 Lmu,wwscnl OO]:GA WGOMSION OFFMCI;I IfOVIU'.:W 41 PA1 :GELOAI'I:O.'1'A- IR.EREV(ttY000 III n[1 - _- nvmrn UFPMratI.IRV!: 00Slwll'M+LI:IIIIrl ,auMr_- OrnivimE Civilly NEGCI::P: UF(IIVJME a/1 rural 4[urir LsmC- P{4:R4 FOR CONDOMINIUM PURPOSES Mrorc — JERRYLUSELTON.L5.W17 NSGGEEN'GRIEENWG.INQ JUNEM12 OWNERSHIP CERTIFICATE: SURVEYOR'S STATEMENT: om vm rYS w- rn nvecmr uaeomYrYOrArm amrr r/ moo?' no¢° i�,+':n:m::irozrzaLii-ri`m01�i�a uw. iz ea]'P wn: rw'roimev mPCna Dame InG rm 1e�.nLewmY:mmu-r 1¢wv[smrrs m uc Y.zmavP./ Iv. 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LY1 'I6 .Vtl'PiP P.4.P YlA -]A, WIF �IIP2 n.In I� 1 Y\ �y y\ ' nJpM'{ nvY, nuM _ NN 1 u ?rl vi 1 •❑S Wyli}ttJAJi �'- lP] O lsrr911LIrll nY nlWrrE0IX1 4 Ilm]v'lo'C I].BJ IS.WI _ y'L_�,� �i.l._c C/ � µ• Rv'JJ'J I'C a�a' .} 1�'L''�i1 j� `y \ \ Qa 64Wn'mwmMABM11 11.'J]'Za'v/ qb J •' I _ l,` -I �> q9P O LI Nlv >fllC }AJ' REO' x} DErriL•n'w? k'r,J(, 5•�j orAlF.nnr_- o L\ 241e oulA to lIam a 0.Q1>+ 1\ \ cJ (JS'b'eY) Iv.]v' litie Po3]']£ M1' It °' \An9' \ \ 7 (vvmva'1 tT +o} `\ als, 33 Lty G n L' 6JplU' 291 l4 "Ile M11G• ^' lie >.r �akik u, c` pP rnncEL z WIV DETAIL'A rfi:z� i p•P�� ' I � 3 1 zn a4 g 1 '`4T IDENTICAL m 3i_� lrv--�-eP�-s-�a mo�m �Ito ' �G�1'npRT a\ pE�9tEir -.�� .it SCI1E: V • PY DATUM STATEMENT: foamnnrt: alvan INl e.L•ID urwin6 uV. rt 1nm znm i..1 zn¢ Lz -I. III. cmor.m rvtw acs zrz ,usrvolry u� nsrulras n:Be+l ABL wa1.n, vvas: Bnvtau �o °i�wisnsavrrul WA nsta:as lunnnr nP..zlxa muu!¢Pr ATTACI -IMENT H RESOLUTION NO. 2006- 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE DECLARATION (SCH NO. 2005- 071067) AND APPROVING GENERAL PLAN AMENDMENT NO. 2004 -005, LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT NO. 2005- 001, TENTATIVE PARCEL MAP NO. 2005 -014, TENTATIVE TRACT MAP NO. 2004 -004 (16774), TRAFFIC STUDY NO. 2005 -002 AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2005 -004 FOR PROPERTY LOCATED AT 900 NEWPORT CENTER DRIVE (PA 2004 -169) WHEREAS, an application was filed by Lennar Homes with respect to property located at 900 Newport Center Drive, and legally described as Parcel 1, as per map filed in Book 75 pages 33 and 34 of parcel maps, in the office of the County Recorder to construct 79 residential condominiums on a 4.25 -acre site presently developed with tennis courts operated by the adjacent Newport Beach Marriott Hotel. The applicant requests approval of. a General Plan Amendment and an Amendment of the 1990 Local Coastal Plan Land Use Plan (LCPLUP) to change the land use designations of the 4.25 -acre site from Administrative, Professional & Financial Commercial to Multiple - Family Residential; an Amendment of the 2004 LCPLUP to change the land use designation from Visitor - Serving Commercial (CV-13) to Medium Density Residential C (RM -C); a Zone Change to rezone the subject property from APF to the PC District; adopt a Planned Community Development Plan to establish permitted use and development regulations; consider a waiver of the 10 -acre minimum land area requirement for Planned Community District adoption; a Parcel Map to subdivide the subject property from the hotel development for financing and development purposes; a Tract Map for the condominium ownership (79 residential units); a Traffic Study pursuant to the Traffic Phasing Ordinance (TPO) and a Coastal Residential Development Permit regarding the provision of affordable housing in accordance with the Municipal Code and the General Plan Housing Element. WHEREAS, on November 3, 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 project applications, the Mitigated Negative Declaration and comments received thereon 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. With a vote of 6 ayes (one recused), the Planning Commission recommended approval of the above - mentioned applications to the City Council. WHEREAS, the property is located in the Block 900 — Hotel Plaza of the Newport Center (Statistical Area L1) of the Land Use Element and has a land use designation of Administrative, Professional & Financial Commercial (APF) and zoned APF (Administrative, Professional, Financial). WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on November 22, 2005, which was continued to December 13, 2005 without testimony, to consider the proposed applications and the recommendations of the Planning Commission. 5 of 27 Page 2 of 21 WHEREAS, a General Plan Amendment and an Amendment of the 1990 Local Coastal Plan Land Use Plan (LCPLUP) to change the land use designations of the site from Administrative, Professional & Financial Commercial to Multiple - Family Residential is necessary as the proposed residential use is not permitted in the APF designation. A change in land use would result in a 4.25 -acre reduction in land available to be potentially used for office uses consistent with the APF designation. However, within the Newport Center, there is approximately 200 acres designated APF and the two percent (2 %) reduction proposed by the project is not a significant reduction. WHEREAS, the residential condominium project is consistent with the proposed Multi - Family Residential land use designation. The proposed residential condominium project would be compatible with the residential developments to the south and northeast of the site. The proposed project is viewed as incompatible with the office uses across Santa Barbara Street and is also compatible with the adjacent hotel and golf course WHEREAS, the 2004 LCP Land Use Plan designates the site for Visitor Serving Commercial uses. This designation was applied due to the existing use of the Marriott Hotel complex. A change in land use designation from CV -B (Visistor- Serving Commercial) to RM -C (Medium Density Residential C) is necessary for the proposed residential development. The change in land use designation will reduce the land available for visistor - serving commercial uses by 4.25 acres. Although this reduction in area would occur, the opportunity to construct the remaining hotel room entitlement of 79 rooms would not be lost and they could be constructed nearby within a portion of Newport Center within the Coastal Zone. WHEREAS, Section 30250(a) of the California Coastal Act (CCA) provides criteria for the location of new development. The Coastal Act provides for the protection of coastal resources by requiring that new development be located in close proximity to existing development with available public services to minimize the impacts associated with the extension of infrastructure and services. The project is located within Newport Center, which is a development area with all public services (utilities, roads, police, fire etc.) presently provided. WHEREAS, Section 30252(4) requires new development within the Coastal Zone to provide adequate parking facilities or provide substitute means of serving the development with public transportation. The proposed development provides an adequate number of on -site parking spaces. The project also will be conditioned so that the parking structures will have adequate dimensions, clearances, and access to insure their proper use. WHEREAS, Section 30212, requires public access must be provided from the nearest public roadway to the shoreline and along the coast in new development. The subject property is not adjacent to the ocean or bay; therefore, coastal access easements are not required. WHEREAS, Section 30222 requires the use of private land suitable for visitor - serving commercial recreational facilities for coastal recreation must have priority over private residential, general industry, or general commercial development Although, the change in land use designation will reduce the land available for visistor serving commercial uses by 4.25 acres; the opportunity to construct the remaining hotel room entitlement of 79 moms would not 6 of 27 Page 3 of 21 be lost and they could be constructed nearby within the portion of Newport Center that is located within the Coastal Zone. WHEREAS, the City's General Plan indicates that the City shall maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities and other development standards to ensure that the beauty and charm of existing residential neighborhoods are maintained, that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses. The proposed PC Text contains one classification of land use and provides the development standards for the entire subject property. The draft PC Text contains development regulations for the subject site which includes definitions and information concerning requirements for development site coverage, building height, setbacks, off - street parking, vehicular access, signing, lighting, storage, and screening and landscaping to ensure that the project would be compatible with the surrounding land uses consistent with the objectives of the Land Use Element. WHEREAS, to be consistent with the Housing Programs 2.2.1 and 2.2.3 of the City's Housing Element, the project is required to provide a minimum of 20% of the total units (16 units) for affordable income households for a minimum of 30 years. The applicant is requesting that the affordable housing provision be off -site, at an approved location within the City, as affordable housing is not feasible at the subject site. According to the applicant, the project's Home Owner's Association fees are expected to be a minimum of $1,500 per month, which is a substantial multiple of the statutory mortgage payment limits for affordable housing when combined with acquisition costs and taxes. With this provision, the applicant will be required to enter into an agreement with the City to provide said units off -site within the City's limits. The agreement will be reviewed and approved by the City Attorney and will be executed prior to the recordation of tract map or the issuance of a building or grading permit for the proposed project. WHEREAS, an approval of the project is implementing Housing Program 3.2.4 that allows the City to consider and approve rezoning of property from non - residential to residential uses when appropriate to extend housing opportunities to as many renter and owner occupied households as possible in response to the demand for housing in the City. WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling units thresholds have been exceeded and a vote by the public is required. This project has been reviewed in accordance with Council Policy A -18 and a voter approval is not required as the project represents an increase of 39 — A.M. and 35 — P.M. peak hour trips for a new 79 dwelling unit development. These increases, when added with 80% of the increases attributable to two previously approved amendments, result in a total of 47 — A.M. peak hour trips and 43.8 — P.M. peak hour trips; 3,640 square feet of non - residential floor area and 79 dwelling units do not cumulatively exceed Charter Section 423 thresholds for a vote. WHEREAS, the project is located within Newport Center where public services and infrastructure are available to serve the proposed development. Additionally, all applicable improvements required by Section 19.28 (Subdivision Improvements) of the Subdivision Code are to be satisfied by the applicant. 7 of 27 Page 4 of 21 WHEREAS, the parking requirement for a multiple - family residential zoned project is two spaces per unit, including one covered, plus 0.5 spaces for guest parking for developments of four or more units. A total of 158 spaces are required for the residences and a minimum of 40 spaces are required for guest parking. A total of 201 spaces are proposed to serve the project, and therefore, the project meets the parking requirements of the Municipal Code. In addition to the provision of adequate on -site parking, the project is conditioned that the parking designs meet all City requirements regarding parking stall width, depth, grade, and aisle- turning radii. WHEREAS, pursuant to Section 19.12.070 of the City Subdivision Code, the following standard findings must be made to approve the Tentative Parcel Map and Tract Map. The proposed Tentative Maps are consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. Conditions of approval have been included to ensure compliance with Title 19 and the Subdivision Map Act. Lot 1 of the Parcel Map is being proposed for the residential development and is of sufficient size for the intensity of development and the site is physically suitable for the project The project provides an adequate number of parking spaces as required by the Zoning Code. Access to the site can be provided through the proposed driveways along Santa Barbara Drive. Additionally, no earthquake faults were found on -site. There is no known incidence of landslide, lateral spreading, subsidence, liquefaction, or collapse on -site or near the site; however, existing soils will be required to be excavated and re- compacted to create stable soil conditions to support the proposed development. The implementation of mitigation measures identified in the draft Mitigated Negative Declaration would reduce any potential impacts. The site is, therefore, physically suitable for development. 3. Lot 2 of Parcel Map Is proposed to retain a General Plan land use designation of Administrative, Professional & Financial Commercial. Lot 2 is not proposed for new development and this parcel will continue to be used as a hotel and it is of sufficient size to support its existing use. 4. Under the proposed Parcel Map, Lot 2 does not include any improvements and the development of Lot 1 as a residential use is not expected to cause serious public health problems given the use of typical construction materials and practices. No evidence is known to exist that would indicate that the proposed subdivisions will generate any serious public health problems. All mitigation measures will be implemented as outlined in the Mitigated Negative Declaration to ensure the protection of the public health. 5. No public easements for access through, or use of, the property have been retained for the use by the public at large. Public utility easements for utility connections that serve the project site are present and will be modified, if necessary, to serve the proposed project. 8 of 27 Page 5 of 21 Title 24 of the Uniform Building Code requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and field inspection processes. The proposed subdivision facilitates the creation of 79 new residential units. The provision of 16 affordable units will assist the City in meeting its housing needs as identified in the Regional Housing Needs Assessment. Public services are available to serve the proposed development of the site and the Mitigated Negative Declaration prepared for the project indicates that the project's potential environmental impacts are expected to be less than significant. 8. Waste discharge into the existing sewer system will be consistent with residential use of the property which does not violate Regional Water Quality Control Board (RWQCB) requirements. 9. The proposed subdivision is entirely within the coastal zone and the site subject to the tentative maps is not presently developed with coastal - related uses, coastal - dependent uses or water - oriented recreational uses. The project is consistent with the City's 1990 Local Coastal Program Land Use Plan and the recently modified and approved LCPLUP that will replace the 1890 certified LUP. The subject site to be subdivided does not abut the ocean or bay, and does not provide public access to coastal resources; therefore, no impacts to coastal access are anticipated. Recreation policies of the Coastal Act require that site resources for water - oriented recreational activities that cannot be supplied inland must be protected. These policies prioritize water - oriented recreational activities over other land uses and encourage aquaculture and water - oriented recreational support facilities. The project site proposed to be subdivided is not suitable for water - oriented recreational activities due to its size and location, approximately 1.5 miles from the shoreline. WHEREAS, the entire project is located within the Coastal Zone and requests the construction of 79 units. Pursuant to Chapter 20.86 of the Zoning Code, when a project proposes to create 10 or more units within the coastal zone, affordable housing must be included within the project unless it can be determined infeasible. The Housing Element of the General Plan determines the number and type of affordable housing that is required. In accordance with the Housing Element, 16 affordable housing units would be required to be provided. WHEREAS, a Traffic Study has been prepared by Kunzman Associates under the supervision of the City Traffic Engineer pursuant to the TPO and Its implementing guidelines (Appendix D of the Mitigated Negative Declaration), CEQA analysis for cumulative projects and intersectlon capacity utilization (ICU), and General Plan analysis. The project will result in a net increase of 330 new average daily trips, 42 vehicle trips during morning (AM) peak hour and 39 vehicle trips during the afternoon (PM) peak hour. The study concluded that the proposed project will not cause a significant impact at the study area intersections; therefore, no improvements are required at these intersections. 9 or 27 Page 6 of 21 WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment between July 15 and August 15, 2005. Comments were received from the California Coastal Commission, Airport Land Use Commission and Mr. Terek Saleh of Costa Mesa. The contents of the environmental document, including comments on the document, have been considered in the various decisions on this project. Since then, it was determined that the most appropriate zoning designation for the property would be PC (Planned Community). This new zoning designation does not affect the size, scope or design of the project that would potentially create additional physical environmental impacts. As result, it has been determined that the MND adequately describes the potential impacts of the project and does not require additional recirculation and review of the MND. An addendum has been prepared to address the change in the zoning designation and made it a part of the MND. WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applied to the project and are incorporated as conditions of approval. WHEREAS, General Plan Amendment No. 2004 -005, Planned Community Development Plan No. 2005 -003, Tentative Parcel Map No. 2005 -014, Tentative Tract Map No. 2004 -004 (16774), Traffic Study No. 2005 -002 and Coastal Residential Development Permit No. 2005 -004 shall only become effective upon the approval of LCP Land Use Plan Amendment No. 2005 -001 by the Califomia Coastal Commission. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach does hereby adopt Mitigated Negative Declaration (SCH No. 2005 - 071067); approve General Plan Amendment No. 2004 -005 by amending the Land Use Element, Statistical Area L1, Block 900 -Hotel Plaza and the Estimated Growth for Statistical Area L1 Table of the General Plan as depicted in Exhibit "A" and Land Use map in Exhibit "B ", LCP Land Use Plan Amendment No. 2005 -001 by revising Land Use map as depicted in Exhibit "C ", Tentative Parcel Map No. 2005 -014, Tentative Tract Map No. 2004 -004 (16774), Traffic Study No. 2005- 002 and Coastal Residential Development Permit No. 2005 -004, subject to the conditions of approval listed in Exhibit "D" 10 of 27 Page 7 of 21 This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 100' day of January 2006 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS Heffernan, Selich, Rosansky, Ridpeway, Daigle, Nichols, Mayor Webb . None ABSENT, COUNCIL MEMBERS None 3 Div- MAYOR ATTEST: - � "we CITY CLERK 11 of 27 Page 8 of 21 Exhibit "A" THE FOLLOWING CHANGES WILL BE MADE TO THE LAND USE ELEMENT AND OTHER PROVISIONS OF THE LAND USE ELEMENT SHALL REMAIN UNCHANGED: 10. Bloch 900 - Motel Plaza. This area is bounded by Newport Center Drive, the Balboa Bay Tennis Club, the Newport Beach Country Club; Jamboree Road and Santa Barbara Drive. The site is designated for Administrative, Professional and Financial Commercial and Multi - Family Residential land uses. The allowed development is 611 hotel rooms with ancillary hotel support facilities and 19,630 sq. ft. of office development [GPA 94 -1 (A)]. The residential sites are allocated 146 dwelling units. 12 of 27 ESTIMATED GROWTH rOR STATISTICAL AREA -LI Residential (in Commercial (in sq. du's) B.) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth I. Block 0 0 0 246,146 432,320 186,174 2. Block 100 0 0 0 196,545 199,095 2,550 3. Block200 0 0 0 207,781 207,781 0 4. Block 300 0 0 0 130,408 134,908 4,50D 5. Block 400 0 0 0 440,118 440,118 0' 6. Block 500 0 0 0 377,170 377,170 0 7. Block 600 0 0 0 1,284,134 1,426,634 142,500 8. Block 700 0 0 0 327,671 327,671 0 9. Block 800 0 245 245 253,984 253,984 0 10. Block 900 67 146 79 616,630 625,630 9,000 11. Civic Plaza 0 0 0 365,160 456,710 91,550 12. Corporate Plaza 0 0 0 15,000 115,000 100,000 13. Tennis Club 0 0 0 0 0 0 14. NB Country Club 0 0 0 0 0 0 15. Amling's 0 0 0 3,960 5,000 1,040. 16. Villa Point 0 228 228 0 0 0 17. Sea Island 132 132 0 0 0 0 I8. Fashion Island 0 0 0 1,603,850 1,633,850 30,000 19. Newport Village 0 0. 0 55,000 170,000 115,000 TOTAL 199 751 552 6,123;557 6,805,871 682,314 Population 394 1,331 937 Revised 11/22/2005 12 of 27 Page 9 of 21 Exhibit "B" PROPOSED CHANGE TO THE GENERAL (PLAN LAND USE MAP FROM ADMINISTRATIVE, PROFESSIONAL, & FINANCIAL COMMERCIAL TO MULTIPLE - FAMILY RESIDENTIAL. 13 of 27 Page 10 of 21 Exhi D`ut "C" PROPOSED CHANGE TO THE 1990/2004 LOCAL COASTAL LAND USE MAP FROM APF /CV -B TO MFR/RM -C Existing Land Use Plan oFAi SlnSlo amity AUmbed ® Mulll- Famlly Raeldeatlal Coastal Laced ` Use Plan *(Upon adoption of the 2004 LCPILUP) tu.} Low Denelly Roeldemlol 4.0 - 6 DUTAC Modlum Donoay llooldeallal &1 - ID DUTAC ® Modlum Donony Raeldenllel 16.1 - 20 DUTAC RocreMlonal a Envlronmontal Open Spmo Open Space - Admbt, Praloaolonal a ® ppryor ScrVina COmmmaleIRI Flaanclal Commercial 0.6 -1.26 FAR " Sfte S APF 100 to MFR 9 KM-C* IV 14 of 27 Page 11 of 2.1 Exhibit "D" CONDITIONS OF APPROVAL Tentative Parcel Map No. 2005 -014, Tentative Tract Map No. 2004 -004 (16774), Traffic Study No. 2005 -002 (PA2004 -169) The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. The development shall be in substantial conformance with the approved plans dated October 29, 2005. 3. Project approvals shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. The Tentative Tract Map shall expire within 36 months from the date of approval unless extensions are granted prior to expiration in accordance with the Subdivision Ordinance and Subdivision Map Act. 4. The applicant shall obtain a Coastal Development Permit from the California Coastal Commission prior to the issuance of any building or grading permit for the project. 5. The applicant shall provide a minimum of 20% of the total units (16 units) for affordable income households in accordance with Housing Programs 2.2.1 and 2.2.3 of the Newport Beach Housing Element. The applicant shall enter into an agreement with the City to provide said units, which units may be provided off -site, at an approved location within the City. These units shall be identified in the agreement and constructed and completed prior to the issuance of any certificate of occupancy for the project. The agreement shall be reviewed and approved by the City Attorney and shall be executed and recorded prior to the recordation of the final tract map or the issuance of a building or grading permit for the proposed subdivision. 6. 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. 7. 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. 8. 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. Traffic Engineering 9. All parking stall dimensions shall comply with City's Standard Drawings STD - 805 -L -A. 15 of 27 Page 12 of 21 10. The main entry drive with median island shall comply with City Standard STD- 103 -L., and have a 42' minimum outside radius and a maximum planter /median radius of 7'. 11. Show the locations of any proposed gates /kiosks to the parking areas. A vehicle turnaround area should be provided prior to gates /kiosk. 12. Driveway /drive aisle slopes shall comply with City Standard STD - 160 -L -C, which accommodate a 15 percent maximum slope and a maximum change in grade of 11 percent. 13. The entries to both parking areas on Garage Level A shall be modified to accommodate vehicles entering /exiting and traveling in both directions. Parking stall dimensions and drive aisle widths shall comply with City Standard STD - 805 -L -A. Dead end drive aisles shall be accommodated by a turnaround area and a 5 foot hammerhead. Final plans shall show all ventilation and mechanical equipment. 14. Project shall provide prominent pavement markings and signage to direct individuals to parking areas and exits. 15. The sharp 90 degree turns into Garage Level B shall be modified to ease access into and out of both parking areas. Typical ramps to parking areas are terminated into drive aisle rather than parking stalls. Revise parking /ramp layout as necessary to ease access to the parking areas (Building 1A & 2A). Parking stall dimensions and drive aisle widths shall comply with City Standard STD - 805 -L -A. Dead end drive aisles shall be accommodated by a turnaround area and a 5 foot hammerhead. Final plans shall show all ventilation and mechanical equipment. 16. The site shall accommodate all deliveries /trash pick up etc. to be handled on -site. Vehicles shall not be permitted to back out onto Santa Barbara Drive. 17. Project driveway must conform to the City's sight distance standard 110 -L for a speed of 40 mph. The design shall be reviewed and approved by the City Traffic Engineer. 18. Staging of construction equipment shall not be permitted on the public right -of -way. 19. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 20. 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. Fire Department 21. All building shall be provided with fire sprinklers. 16 of 27 Page 13 of 21 22. The applicant shall provide an additional fire hydrant at the north end of the lot, approximately 300 feet from other hydrants. 23. All elevators accommodating gurneys shall be in accordance with Chapter 30 of the California Building Code. 24. A Class I standpipe shall be provided in lower level parking area, in addition to ones provided on site. 25. A fire alarm system with fire control room shall be provided adjacent to the turnaround. 26. A dedicated recorded fire department access easement adjacent to the north tower shall be provided. 27. The hydrant adjacent to the North Tower road shall not be obstructed by fencing. Access gate adjacent to the hydrant with knox box shall be provided. 28. A Fire Department minimum turning radius shall be 20 feet inside, 42 feet outside. A 40 -foot radius to the face of the rolled curb shall be provided. 29. The applicant shall verify that the proposed easement and Tract Map boundaries are correctly shown on the submitted Map. 30. Prior to issuance of a building permit, the applicant shall submit documentation that the Southern California Edison Company (SCE) has agreed to the existing easement abandonment and that SCE will not need to use the existing easement in the future. Development Services Engineering 31. A Parcel Map and a Tract Map shall be recorded. The Maps shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Maps, the surveyor /engineer preparing the Maps shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said Maps in a manner described In Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Maps to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 32. Prior to recordation of the Maps, the surveyor /engineer preparing the Maps shall tie the boundary of the Maps into the Horizontal Control System established by the County Surveyor in a manner described in Section s 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 Comer unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 33. If it is desired to record a Map or obtain a building permit prior to completion of the public improvements, the Applicant will provide the City through the Public Works 17 of 27 Page 14 of 21 Department with either a refundable deposit or Materials /Labor /Performance bonds to guarantee satisfactory completion of the required public improvements. 34. All improvements shall be constructed as required by Ordinance and the Public Works Department. 35. A water demand, a storm drain system capacity, and a sanitary sewer system capacity study shall be submitted to the Public Works Department along with the first building plan check submittal. The recommendations of these studies shall be incorporated as a part of the submitted plans. 36. Street, drainage and utility improvements within the public right -of -way shall be submitted on City standard improvement plan formats. All of the plan sheets shall be wet sealed, dated, and signed by the California registered professionals responsible for the designs shown on said plans, 37. The width of the existing concrete sidewalk fronting the development along Santa Barbara Drive shall be maintained. 38. The design of the proposed driveway approaches along Santa Barbara Drive shall provide full ADA accessibility. 39. The proposed northerly driveway approach is located too close to the existing adjacent street light. 40. The construction plans shall show detailed profile of each of the proposed driveways. 41. The existing street trees and landscaping fronting this development along Santa Barbara Drive shall be protected in place, unless otherwise approved by the General Services Department and the Public Works Department. 42. All new landscaping within the public right -of -way shall be approved by the General Services Department and the Public Works Department. 43. All above ground facilities, street trees, and shrubbery along the Santa Barbara Drive frontage shall be located outside the sight distance planes per City Standard Plan STD - 110 -L. 44. The applicant shall submit detail plans for the on -site drainage system(s) to demonstrate that it will prevent the underground garage from being flooded during storm events. 45. In case of underground ejection pump malfunction, the applicant shall provide a backup system to continue the on -site below -grade sanitary sewer system function. 46. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review and approval by the Traffic Engineer and any corrections /modifications shall be made to the satisfaction of the Traffic Engineer. 18 of 27 Page 15 of 21 47. A construction traffic control plan shall be approved by the City prior to the issuance of the Encroachment Permit. Said plan shall be wet sealed, signed, and dated by a California Registered Traffic Engineer. 48. County Sanitation District fees shall be paid prior to issuance of any building permits. 49. Prior to the issuance of the building permit, Public Works Department plan check and inspection fee shall be paid. 50. Prior to the issuance of the building permit, Water Capital Improvement fee shall be paid. 51. The City of Newport Beach requires all new development and significant redevelopment projects to prepare and submit a Water Quality Management Plan (WQMP) to the City for review and approval. Prior to issuance of grading or building permits, the project applicant shall have an approved final Project WQMP. 52. Prior to the issuance of the grading /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. 53. Prior to the issuance of the 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. 54. Prior to the issuance of the 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 of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the City. 19 of 27 Page 16 of 21 55. Prior to the issuance of the 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. 56. Prior to the issuance of the 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. 57. Prior to issuance of the 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. 58. Prior to issuance of the 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 'Preliminary Geotechnical Evaluation" (Petra, 2003), as well as additional requirements, if any, imposed by the Newport Beach Building Department. 59. 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. Mitigation Measures of the Mitigated Negative Declaration 60. Any exposed soil areas shall be watered twice per day during grading activities. On windy days or when fugitive dust can be observed leaving the project site, additional applications of water shall be applied to maintain minimum 12 percent moisture content as defined by SCAQMD Rule 403. Under windy conditions where velocities are forecast to exceed 25 miles per hour (as ascertained by phone calls to the SCAQMD), all ground disturbing activities shall be halted until winds are forecast to abate below this threshold. 61. The proposed Project shall comply with regional rules such as SCAQMD Rules 402 and 403, which would assist in reducing short-term air pollutant emissions. Rule 403 requires that fugitive dust be controlled with best available control measures so that 20 of 27 Page 17 of 21 the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Rule 402 requires dust suppression techniques be implemented to prevent fugitive dust from creating a nuisance off -site. These dust suppression techniques are summarized as follows: a. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. b. All on -site roads shall be paved as soon as feasible or watered periodically or chemically stabilized. c. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. 62. All vehicles on the construction site shall travel at speeds less than 15 miles per hour. 63. All material stockpiles subject to wind erosion during construction activities that will not be utilized within three days shall be covered with plastic, an alternative cover deemed equivalent to plastic, or sprayed with a nontoxic chemical stabilizer. 64. Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily at the end of the work day to remove soil tracked onto the paved surface. Any visible track -out extending for more than fifty (50) feet from the access point shall be swept within thirty (30) minutes of deposition. 65. All diesel - powered vehicles and equipment shall be properly operated and maintained. 66. All diesel - powered vehicles and gasoline - powered equipment shall be turned off when not in use for more than five (5) minutes. 67. The construction contractor shall utilize electric or natural gas - powered equipment instead of gasoline or diesel - powered engines, where feasible. 68. As much as possible, the construction contractor shall time the construction activities so as not to interfere with peak hour traffic. To minimize obstruction of through traffic lanes adjacent to the site, a flag person shall be retained to maintain safety adjacent to existing roadways, if necessary. 69. The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. 70. The construction contractor shall utilize, as much as possible, pre-coated/natural colored building materials. Water -based or low VOC coatings shall be used that comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with high 21 of 27 Page 18 of 21 transfer efficiency, such as the high volume -low pressure (NVLP) paint applicators with 50 percent efficiency or manual coatings application such as paint brush hand roller, trowel, spatula, dauber, rag, or a sponge shall be used to reduce VOC emissions, where practical. Additionally, paint application shall use lower volatility paint not exceeding 100 grams of ROG per liter. 71. If construction equipment powered by alternative fuel sources (LPG /CNG) is available at comparable cost, the developer shall specify that such equipment be used during all construction activities on the proposed Project site. 72. The developer shall require the use of particulate filters on diesel construction equipment if use of such filters is demonstrated to be cost - competitive for use on this proposed Project. 73. During demolition and excavation, daily total haul trucks shall travel no more than a cumulative 2,400 miles per day hauling materials from the site to and from the dumping site. 74. Prior to commencement of demolition and grading, the applicant shall submit to the City calculations showing the proposed travel route for haul trucks, the distance traveled, and how many daily truck trips that can be accommodated while keeping the cumulative miles traveled to below 2,400 miles each day. The daily haul truck trips shall not exceed 2,400 miles during demolition and excavation activities. 75. Prior to the issuance of the 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 resources 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. 76. Prior to the issuance of the grading permit, the applicant shall provide written evidence to the planning director that a qualified paleontologist has been retained to observe grading activities and conduct salvage fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish 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, 22 of 27 Page 19 of 21 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. 77. 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 Commissions 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. 78. In areas where compacted fill will be required to establish design grades, and in design cut areas where the depth of the proposed cut does not exceed the thickness of the existing unsuitable surficial soils, on -site surficial soils shall be excavated and recompacted to create stable soil conditions and correct poor slope performance. 79. During grading activities, where cut - to-fill transitions exist following remedial grading, they shall be eliminated by over - excavating the "cut" portions of the building pads and replacing the excavated material as properly compacted fill. See Mitigation Measure 3.6. B of the Mitigation Monitoring and Reporting Program for further detail and requirement. 80. During remedial grading and construction of the proposed subterranean parking areas and associated improvements, temporary excavations with sidewalls varying up to approximately 13 feet in height may be necessary. Temporary excavation sidewalls will require sloping back at a ratio of approximately 12:1, horizontal to vertical. Flatter inclinations may be required locally should excessive caving be observed during grading. See Mitigation Measure 3.6.0 of the Mitigation Monitoring and Reporting Program forfurther detail and requirement. 81. Construction activities shall be confined to the hours of 7:00 a.m. and 6:30 P.M. on weekdays and on Saturdays between the hours of 8:00 a.m. and 6:00 p.m. 82. Equipment mufflers for construction equipment shall be used at all times. 83. Idling of construction vehicles and equipment shall be limited to the extent feasible. Construction vehicles and equipment shall be properly operated and maintained and shall be turned off when not in use for more than five (5) minutes. 84. Prior to issuance of the building permit, school impacts fees will be paid to the Building Department to assist in funding school facility expansion and educational services to area residents. 85. Sight distance at the proposed Project accesses shall be reviewed with respect to City of Newport Beach standards in conjunction with the preparation of final grading, landscape, and street improvement plans. 23 of 27 Page 20 of 21 86. On -site traffii; signing and striping should be implemented in conjunction with detailed construction plans for the proposed Project. 87. Periodically review of traffic operations in the vicinity of the proposed shall be made by the Public Works Department to assure that the traffic operations are satisfactory once the proposed project is constructed. 88. The parking design shall meet all City requirements regarding parking stall width, parking stall depth, parking aisle grade, and parking aisle- turning radii. 89. Each parking level shall have large numbers on the pillars or walls designating on which floor level the user has parked. Letters can also be added to designate what area within a parking level the person has parked. 90. New landscaping shall incorporate drought- tolerant plant materials and drip irrigation systems, wherever possible. 91. Water leaving the project site due to over - irrigation of landscape, shall be minimized. If an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division of the City Manager's Office shall visit the location, investigate, inform resident if possible, leave a note and in some cases shut -off the water. 92. Watering should be done during the early morning or evening hours to minimize evaporation (between 4:00 p.m. and 9:00 a.m., the following morning). 93. All leaks shall be investigated by a representative from the Code and Water Quality Enforcement Division of the City Manager's Office and the applicant shall complete all required repairs. 94. Water should not be used to clean paved surfaces, such as sidewalks, driveways, parking areas, etc., except to alleviate immediate safety or sanitation hazards. 95. Reclaimed water shall be used wherever available, assuming it is economically feasible. 96. Installation of Ultra -Low Flush Toilets (ULFT) in the residential units. 97. Prior to the issuance of the 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. 24 of 27 Page 21 of 21 98. 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. 99. 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. 100. 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. 25 of 27 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH j I, LaVonne M. Harldess, 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 resolution, being Resolution No. 2006 -2 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 10th day of January 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, 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 11th day of January 2006. (Seal) cy,4va", M. City Clerk Newport Beach, California 26 of 27 N 150 SAN CLEMENrER y Final Tract Map NO. 16744 1001 Santa Barbara Dr 300 Feet ®APN: 442- 011 -68 ATTACHMENT C S Q� h 34 2 27 025 City of Newport Beach GIS DiA sloa Aorit 29. 2013