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HomeMy WebLinkAbout15 - Final Tract Map for 2300 Newport Blvd�gW PpQT � CITY O F NEWPORT BEACH City Council Staff Report Agenda Item No. 15 February 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949- 644 - 3311, dawebb @newportbeachca.gov PREPARED BY: Wes Wittmeyer, City Surveyor 949- 644 - 3317, wwittmeyer @newportbeachca.gov APPROVED: v \, TITLE: Final Tract Map No. 16594 for 2300 Newport Boulevard ABSTRACT: Consider whether the City Council should approve Final Tract Map No. 16594 for a mixed use, commercial and residential project at 2300 Newport Boulevard. RECOMMENDATION: Review and approve Final Tract Map No. 16594 located at 2300 Newport Boulevard (Attachment "A") pursuant to Section 19.60.010 of the Municipal Code. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: NPB MARINA, LLC, is proposing to construct a mixed used development at 2300 Newport Boulevard consisting of 27 residential units, 36,000 square feet of commercial floor area, and the reconstruction of bulkheads and boat slips on 2.4 acres in the McFadden Square area. The site is located on the bay between Woody's Wharf and the Crab Cooker. Tentative Tract Map No 16594 for the proposed development was approved at a Planning Commission meeting on December 7, 2006, (Planning Commission Resolution No. 1706 - Attachment "B "). I of 29 Final Tract Map No. 16594 for 2300 Newport Boulevard February 12, 2013 Page 2 Per Section 19.60.010 of the Municipal Code, the City Council shall review final tract maps. The final tract map 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 subdivision regulations. ENVIRONMENTAL REVIEW: An Environmental Impact Report has been prepared and approved by the Planning Commission. It concludes that the environmental impacts of the project can be mitigated to a less than significant level with the exception of historical resources, in which case mitigation measures have been incorporated and a Statement of Overriding Considerations has been prepared in accordance with CEQA Guidelines. 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: e David A. Webb Public Works Director Attachments: A. Final Tract Map No. 16594 B. Planning Commission Resolution No. 1706 C. Location Map 2 of 29 910 1 a L SHEETS �nj Q¢�� I�j' IIn, //�I 'n \I (/��, LOT ALL U BUITA111E TRACT HIM DID, 16594 TRACT 1 MAP 1 V . 16594 AarrnLOAAD,; v At 112 INPUT. AUDIENCE: 2.311 Ar., IT THE CITY OF IIEV61ORT DEACII. ORANGE COUNTY, CALIFORNIA. 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LOT AlL Of ff I11AlIV III, \CI MAP 1111. 16591 TRACT MAP NO. '16594, IIIIAL AEUCAGD $37I At 1 II29U1'20'6 SCALE. 1 „ -30' IN TIE CITY OF NF.CIPORT BEACH, ORA14GE COIIIEII•, CALIFORNIA. BEING A SUBDNISION 610`.'11 OF PARCEL I OF PARCEL MAP, AS SHOWI ON A LIAP FILED III BOOK 60. PAGE 98, OF J IIIBW'W' PARCEL l.IAPS, RECORDS OF SAID COUIJIY. 1 FOR CONDOMINIUM PURPOSES amr THE SP CONSULTING GROUP STEPHEN HAYES, L.S. 5133 59Y DATE OF SURVEY: JULY, 2007 1131VI6M1 PEDESTRIAN ACCESS EASEMENT DETAIL 30' b RI I Q c, I P W N 5 � O � t I I 6CU'. bW' I h a 0 W II' � cps W I 1 ❑�_Ix � e Y ai 11 LOT 1 1 2.371 ACRES 1 F % 11 2 U 86 7FfAC7” 11J, Eiis� a AI FLOC.' {f L Ja'� L _ 61 _J 1 22'n d o 8TRGCY' 1� /lll'10'WT IE6I5' EASEMENT NOTFS' © 1111MI AUf55 CA�fl1f11t fQP VU6UC UEE Of01G.RU IOIHE IIIY if NUIPM RAW. / 111011 T1AIA I DR, DATA.: Ho. oJ➢ac nv. un orMIK f151. 1 II29U1'20'6 ow 1 610`.'11 Nor J IIIBW'W' 14}1' 1 usn'Y4'1 amr 5 1119Y655b 59Y 5 1131VI6M1 1W' ] 1152P.Vl a]IU' 0 IIH'Si'11'C 60]' 9 RID W-E Wa' I0 IIHWE GoY II IIiEYa'O5Y ]].11' I} II i9YY51'X Iol' Il 1160'a9'W'f ow R I092o'sVI 1551' IS I1]I10WE: 1955' 15 1152'W'M'C R]AP 17 H5lwA'E }y5' IS TI]It0'ac RAV M 11t9b3'loN 18W-22- 3o,0W 9.93 Or ll 1117wAY SoN D 1115'N'A'C am 0-1) 272H?.H okW MUCH 131W fa IIDIY55b 0.9s• 1267 V514 0 V 44,W 1-�707-971 1.59H I DR, DATA.: Ho. oJ➢ac nv. un orMIK f151. 1 II29U1'20'6 ow 1 610`.'11 Nor J IIIBW'W' 14}1' 1 usn'Y4'1 amr 5 1119Y655b 59Y 5 1131VI6M1 1W' ] 1152P.Vl a]IU' 0 IIH'Si'11'C 60]' 9 RID W-E Wa' I0 IIHWE GoY II IIiEYa'O5Y ]].11' I} II i9YY51'X Iol' Il 1160'a9'W'f ow R I092o'sVI 1551' IS I1]I10WE: 1955' 15 1152'W'M'C R]AP 17 H5lwA'E }y5' IS TI]It0'ac RAV M 11t9b3'loN 5061' N IIISIL'a]T A39' ll 1117wAY SoN D 1115'N'A'C am IS IN'IY]0•N W01' 1l HO, 11101 W.01' fa IIDIY55b 0.9s• U �N o JU �j:'✓i. SsA� SCALE 1 " =30' 6 of 29 MEET s OF 5 SHECIS I TOTAL TRAC`n 6�A� S� ®. �� 9 AIL OF IEIIFATW IRACI IIAP 110, IGS94 101A! ACRGLC 4.51I AC. SCALE: 1 " =30' IPI THE CITY OF REWPORT BEACH, ORANGE COUNTY, CALIFORNIA. CA'ORNIA. OEII'IC A SUDDINSIOD OF PARCEL I OF PARCEL MAP. As SHOF01 ON A MAP FILED IN BOOK 66, PACE 40, Or PARCEL LIAPS. RECORDS OF SAID COUNTY. FOR CONDOMINIUM PURPOSES THE SP CONSULTING GROUP STEPHEN HAYES, L.S. 5133 DATE OF SURVEY: JULY, 2007 VIEW CORRIDOR EASEMENT DETAIL II 30' I uinotuz ie>in' \ A 4 c, b I W V � I o ro h O � I W 2 LOT 1 2.371 ACRES / e / C jffiU EASEMENJ PPOPOYO V.W CIX XR G:NOIr trft PueucUS HUMID 10111E OFF OF AENPORI MITT. a x cd 1 1 \sjsi S, W F a 0 a CC W z c'1 b 0 d' d SCALE: 1' =30' d of 29 7R�I C7 Alm 0i�1 �LdCf( J�J 3D' i ll J _ _ I 22n d o ,S TR BGT EASEMENJ PPOPOYO V.W CIX XR G:NOIr trft PueucUS HUMID 10111E OFF OF AENPORI MITT. a x cd 1 1 \sjsi S, W F a 0 a CC W z c'1 b 0 d' d SCALE: 1' =30' d of 29 ATTACHMENT B RESOLUTION NO. 'i706 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING SITE PLAN REVIEW NO. 2001 -004•, USE PERMIT NO. 2001 -038, AND NEWPORT TRACT MAP NO. 2004- 003 (VESTING TENTATIVE TRACT MAP. NO. 16594) FOR PROPERTY LOCATED AT 2300 NEWPORT BOULEVARD (PA2001 -210). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: WHEREAS, an application was filed by ETCO Development, Inc. with respect to property located at 2300 Newport Boulevard (PA2001 -210) and legally described as Lot 1 of Parcel Map P.M.B. 68/48. The applicant seeks approval of a Site Plan Review, Vesting Tentative Tract Map, and Use permit for the construction of a mixed use development consisting of 27 residential units, 36,000 square feet of commercial floor area, and the reconstruction of bulk heads and boat slips on approximately 2.36 acres in the Cannery Village /McFadden Square area. WHEREAS, a public hearing was held on October 5, 2006 and continued to November 2, 2006, November 16, 2006 and December 7, 2006 in the City Nall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meetings was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at the meeting. WHEREAS, the Planning Commission finds as follows: Consistent with the General Plan The Land Use Element of the General Plan designates the project site as Mixed Use Water 2 (MU -W2) which allows retail and office commercial uses and residential uses above the first floor provided that development does not exceed established floor area limits. The proposed project Includes a mix of commercial and residential development that will replace the existing commercial development occupying the site. The project will provide a range of coastal- related and visitor - serving commercial uses and will provide residential uses above the first floor, as prescribed by the Land Use Element and zoning regulations that regulate development. Public access to the marina area is provided along the frontage of the project from Newport Boulevard. No significant natural landforms, including coastal bluffs and cliffs, are located on the site or in the immediate area. Public views of the marina area will be maintained through the public walk located along the frontage of the development and from Newport Boulevard via a view and access corridors through the development. The existing boat slips will be reconstructed and will continue to accommodate marine uses and a new 10 -foot wide public walkway will provide 8 of 29 [Resolution No. '1706 Page 2 of 2'1 public access to the waterfront. Tlie proposed project is designed to complement the nautical and historical maritime character of the area. Therefore, the project is consistent with the Land Use Elemerd of the General flan. 2. The Coastal Land Use Plan designates the project site as Recreational and Marine Commercial and permits retail and commercial uses and residential uses above the 'first floor. Further, the CLUP outlines a number of policies that require new developments to provide lateral public access along the bayfront and access from public streets. The project proposes to establish commercial uses with residential uses above, and to provide both vertical and lateral access to and along the waterfront. Due to these factors, the project is deemed consistent with the Local Coastal Plan Land Use Plan. Consistent with the Cannery VillageliftFadden Square Specffic Plan The Cannery Village Specific Plan is intended to provide an active pedestrian - oriented, specialty retail area with a wide range of uses including retail, professional offices that provide service directly to the public, residential uses above the first floor; commercial and marine- related uses. The project provides commercial retail and office uses with residences above the first floor, and incorporates publicly accessible plaza and walkway along the waterfront to promote pedestrian - orientation. 2. The proposed architecture of the project incorporates building materials that reflect an image of permanence, stability and strength, and quality, including the use of ceramic tile, stone, brick and brass consistent with the McFadden Square design theme. Therefore, the project is consistent with the Cannery Village /McFadden Square Specific Plan. Use Permit for Building Height 1. The project incorporates open terraces and balconies on upper floors, undulating wall planes along the Newport Boulevard that result in visual relief, and an open corridor has been provided within the center of the project. In addition, the roof lines have been varied in order to give visual relief that results in an appearance that is in scale with the overall design of the project. These features increase open space that is visible by the public. The open aspects of the terraces and balconies and location of the portions of the buildings that exceed the basic 26 -foot height limit will provide a slightly greater view of the sky for someone on the street and result in building design that is balanced and in more in scale with the overall building bulk than could be constructed within the basic height limit. 2. The building height above 26 feet creates the ability to construct two levels of residential use above first floor commercial. The increase by 9 feet also allows snore open space and less building area/bull( at the Plaza Level, thereby decreasing overall building bulk on the site and increasing the view corridor through the project form the public streets. The increase height allows greater flexibility in design, which is exhibited 9 of 29 Resolution No. '1706 Page 3 of 21 in the project, and is architecturally superior to that achievable within the 26-foot height limit. 3. Consistent with the eclectic nature of McFadden Square, there is a variety of building heights in the area. Surrounding buildings are generally one and two story at or near the 26 -foot height limit. Some projects include adjacent restaurants, and other projects in the vicinity that exceed the 26 -foot height limit. A variety of roof planes, vertical wall setbacks and balcony areas are incorporated into the design of the buildings as well as interior open space, plaza and pedestrian corridors within the interior of the project, which helps lessen the bulk of the buildings as perceived from Newport Boulevard and the Arcade. As a result of the presence of other buildings of comparable height in the area and the location, design and bulk of features of the project that exceed 26 feet, and the setback of upper floors on the buildings fronting Newport Boulevard, the increased height to accommodate these specific features is not an abrupt change in scale. Restricting the buildings to 26 feet in height would not improve views of the bay through the property. In addition, the project has been designed to be consistent with the design theme, building materials and design features included in the Specific Plan #6. 4. The commercial floor area ratio of the project is 0.35, which is below the maximum of 0.50 FAR and the maximum residential floor area ratio of 0.75 has not been exceeded. In addition, the proposed number of dwelling units is 27, which is less than the permitted maximum of 43 dwelling units; therefore the project does not achieve any additional floor area dire to the additional height. Site Plan Review The site is flat, developed with older buildings and paved with concrete and asphalt with limited landscaping. There are no unique natural landforms or coastal bluffs or other environmental resources. No (mown archaeological and paleontological resources are (mown to exist and are unlikely to exist due to the disturbed nature of the site. The site will be graded to maintain the top of bulkhead elevation at '9 feet above mean low water (8.67 NAVD 88). This results in a grade level that approximates the current grade level and does not constitute significant alteration of the site as the grade will be similar to abutting properties. The development of the lots provides a 10 -foot bulkhead setback, within which a 10 -foot easement will be dedicated for public access to the waterfront, which does not exist today. 2. The proposed eleven buildings are consistent with the development standards of the Cannery Village /McFadden Square Specific Alan with the exception of building height. Their height and bulk is comparable to other structures located in the vicinity. 3. The development proposes to increase and enhance the view from Newport Boulevard through the center of the property by providing a plaza area in front of and on either side of the slipway that is proposed to be maintained. No public parks are in the vicinity where views would be impacted. The project provides a 10 -foot public access easement within the 10 -foot bulkhead setback along the channel and access will be 10 of 29 Resolution No. '1796 Page n of 21 provided from Newport Boulevard via the Plaza area and from Arcade /22ntl Street via a Paseo. From these easements and access /view corridors, that presently do not exist, public views will be enhanced. 4. The project has been designed in a manner to preserve and enhance environmentally sensitive areas in that the loss of an existing slipway is mitigated by the expansion and upgrading of the additional existing slipway and other mitigation measures have been incorporated to enhance the marine environment of the site. 5. The project site is not subject to any increased potential of geologic hazard due to its location over that of other properties in the area. All applicable City and State building codes and seismic design recommendations contained within the Preliminary Geotechnical investigation will be applied through the issuance of a building pennit, which will minimize possible risks of liquefaction damage during an earthquake. 6. A noise analysis was completed for the project and it indicates that noise levels will be maintained at levels consistent with the Noise Element of the General Plan and the Community Noise Ordinance through appropriate noise mitigation measures that have been included in the Environmental Impact Report and 'incorporated as conditions of approval, therefore, it is not anticipated that the project will be subject to excessive noise. The residential portions of the project will need to be sound insulated sufficiently to ensure compliance with interior and exterior noise standards of the Community Noise Ordinance. The Planning, Public Works and Building Departments have reviewed the site plan for proper pedestrian and vehicle function, and a traffic study has been completed in conjunction with the preparation of the Environmental Impact Report. The Public Works Department is satisfied with access and circulation on ,Newport Boulevard and area intersections are not expected to be impacted. Public access to the water front along the Rhine Channel is provided in accordance with the Zoning Code. A 10 -foot wide horizontal easement that is parallel to the water front will be dedicated to the public and will be improved with a walkway by the applicant. The easement and walkway will be directly accessible by the public from Newport Boulevard and Arcade/22n' Street via two access easements. The project has been conditioned to require the dedication and recordation of vertical access easements from Newport Boulevard and Arcade /22nd Street. 8. The project is compatible with the Land Use Element of the General Plan and with the Cannery Village McFadden Square Specific Plan in that in that both documents designate the site for Recreational and Marine Commercial Uses, Which allows marine - related retail and office commercial land uses and residential uses above the first floor commercial uses. Further, the project has been evaluated against the policies and objectives of the General Plan and the McFadden Square Specific Plan and a determination has been made that the project is consistent with those policies and objectives. 11 of 29 g. The project has been developed in a mane characteristics, particularly as they relate to areas in that mitigation measures have been approval requiring enhancement of the marin e and slipway. Resolution No. '1706 Page 5 of 21 ner to take into consideration of site submerged areas and other sensitive included as conditions for the project biota, and the bulkheads, boat docks 10. The air conditioning units will be located on the roofs of the buildings behind roof parapets and will not be visible from the ground. Trash storage areas will be accommodated within the subterranean parking level and within enclosed trash areas on the deck level, and will only be visible for trash- pickup. 11. There are no known archaeological resources on the project site, and the historic significance of the site and structures on the site has been evaluated, and mitigation measures have been incorporated into the project approval to mitigate the loss of older buildings on the site and to otherwise document the past use of the site as a shipyard. '12. There are no residences adjacent to or in close proximity to the project site. Due to the small size of the commercial uses and the fact that that they are within a mixed use project, land use conflicts or other negative impacts to nearby residences are -not anticipated.. . Tract Map 1. The subdivision is consistent with the General Plan and the Cannery Village /McFadden Specific Plan. Additionally, the proposed subdivision is consistent with the Newport Beach Subdivision Code and Subdivision Map Act and conditions of approval have been included to ensure compliance. 2. The site to be subdivided is flat and developed with urban uses. No other physical constraints to construction are known. The proposed subdivision will result in a single lot subdivision for condominium purposes in order to sell individual residential units. Applicable planning policies and codes permit mixed use development where one residential unit is permitted above a commercial space with a maximum number of dwelling units not exceeding one dwelling unit for every 2,375 square feet of net lot area. That standard results in a maximum of 43 dwelling units permitted, and the project proposes 27 dwelling units. Therefore, the site is suitable for the type and density of development proposed. An Environmental Impact Report has been prepared for the project. It concludes that the environmental impacts of the project can be mitigated to a less than significant level with the exception of historical resources, In which case mitigation measures have been included and a Statement of Overriding Considerations prepared in accordance with the CEQA Guidelines. The site is developed in a highly urbanized area and no significant natural resources exist in the area of the project site except for Newport Bay. The project includes a system of filtering storm runoff on site before it is discharged into the storm water system. The project also includes improvements to the local storm water system where a fossil type filter will be installed to treat the first or low flow 12 of 29 Resolution No. 9706 Page 6 of 21 discharge prior to discharge to Newport Bay. In addition, the loss of marine habitat area resulting from the closure of an existing slipway will be mitigated through the expansion and enhancement of the second slipway. These features will mitigate and improve water quality thereby avoiding impacts to fish or wildlife. 4. The project consists of a mixed use commercial and residential that includes 27 condominium dwelling units permitted by local ordinances and the General Plan. No evidence is known to exist that would indicate that the proposed subdivision pattern would generate any serious public health problems. 5. An existing view easement through the approximate center of the project site will be maintained and enlarged. Public utility easements for utility connections that serve the project site are present and will be modified, if necessary, to serve the new project. The project will result in the creation of public access easements through the property and along the waterfront that do not currently exist. Therefore the proposed subdivision will not adversely impact public easements. Public improvements may be required of a developer per Section 19 of the Municipal Code and Section 66411 of the Subdivision Map Act and public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. 6. The project site does not include any lands subject to the California Land Conservation Act of 1965 (Williamson Act). 7. The project is consistent with the Cannery Village /McFadden Square Specific Plan and the provisions of the Recreational and Marine Commercial (RMC) District regulations of the Specific Plan. 8. The design of the proposed project provides each lot with direct southern exposure to the maximum extent feasible, therefore, solar access and passive energy conservation goals are met. 9. The proposed subdivision facilitates the creation of 27 new residential units that likely would not be developed due to current housing trends although they could be developed under existing zoning provisions without the subdivision. These 27 new units will assist the city in meeting its housing needs. Public services are available to serve the proposed development of the site and the Environmental Impact Report prepared for the project indicates that the project's potential environmental impacts can be mitigated to a level of less than significance with the exception of historical resources, in which case mitigation measures have been incorporated and a Statement of Overriding Considerations has been included. 10. Waste discharge into the existing sewer will be consistent with retail commercial, office and residential use due to the design and limitations of the use property established by existing zoning regulations. It is not anticipated that waste discharge into the sewer from these uses would violate any Regional Water Quality Control Board (RWQCB) requirements or Orange County Sanitation District standards. 13 of 29 Resolution No. 1706 Page 7 of 21 11.The proposed project is entirely within the coastal zone and the site is presently developed or occupied with both coastal - related and non - coastal related uses, coastal- dependent uses or water - oriented recreational uses. Although the City of Newport Beach does not have a certified Local Coastal Program, the project is consistent with the city's certified Local Coastal Program Land Use Plan. Coastal access, both visually and physically, is improved by the project through proposed public walkway /access easements and by an increase in the view corridor through the property. The Recreation policies of the Coastal Act require that sites suitable 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 portion of the project site proposed to be subdivided is not suitable for water- oriented recreational activities due to its size and location, however, the existing marina is being upgraded and a slipway is being enlarged and enhanced to allow for increased boating activity. Further, the project preserves and enhances the primary marine dependent use by reconstructing the marina consistent with the California Department of Boating and Waterways standards. WHEREAS, the Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of aftomeys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger; and NOW THEREFORE, THE PLANNING COMMISSION HEREBY RE=SOLVES AS FOLLOWS: Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Site Plan Review No. 2001 -004, Use Permit No. 2001 -038, and Newport Tract Map No. 2004 -003 (Vesting Tentative Tract Map. No. 16594), subject to the conditions set forth in Exhibit "A" attached. Section 2. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is call for review by the City Council in accordance with the provisions of Title 2.0, Planning and Zoning, of the Newport Beach Municipal Code. 14 of 29 Resolution No. '1706 PEige d of 7..'1 PASSED, APPROVED AND ADOPTED THIS T °i DAY OF DECEMBER, 2006. AYES: Cole Eaton Hawkins. Henn Poetter NOES: Toerge ABSENT: None 15 of 29 Resolution No. '1706 Page 9 of 21 Exhibit "A" Conditions of Approval 1. The development shall be in substantial conformance with the approved plans dated September 11, 2 006, except as modified below. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Project approvals, with the exception of the Vesting Tentative Tract Map, shall expire unless exercised within 24 months from the effective late 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. A. 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. In lieu of the requirement for 15% of the proposed dwelling units to be affordable as defined by the City's Housing Element, a fee of $25,000 per unit built for a total of $675,000 shall be paid to the City to satisfy the project's affordable housing requirement. 6. The developer shall pay a parkland dedication in -lieu fee pursuant to Chapter 19.52 of the Municipal Code prior to the issuance of a building permit for each unit or recordation of the final tract map. If the project is recorded in phases, the fee attributable to each phase is due prior to the recordation of each phase. 7. Exterior decks, exterior balconies, exterior terraces, setback areas, breezeways for vehicular parking areas, open vehicular parking areas or exterior walkways shall not be covered or enclosed without the prior approval of the Building and Fire Departments and the Planning Commission. 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. 9. All trash receptacles shall be stored within approved enclosed spaces or shall otherwise be screened from public view as determined by the Planning Director. 10. The commercial spaces within the project shall not be converted or used for residential purposes. Residential spaces shall be used for residential purposes and shall not be converted or used for exclusive commercial purposes. Commercial activity within the residential portions of all buildings shall comply with Section 20.60.100 (Home Occupations in Residential Districts). 11. The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site and adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director prior to the issuance of a building permit. 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 16 of 29 Resolution No. '1706 Page 10 of 21 selected. 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. In addition, any plants located in the View Corridor Easement shall be of a species and size and located in a manner so as not to impede views through the property. 12. All landscape materials and landscaped areas shall be 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. 13. Prior to the issuance of building permits, the applicant shall dedicate a '10 -foot wide public access easement along the entire water frontage of the property to the City of Newport Beach. The access easement shall be subject to the review and approval of the Newport Beach City Attorney and Coastal Commission prior to recordation. The easement shall be improved with a hard paved surface and railings as approved by the Public Works Department. In addition, minimum, 6 -foot wide lateral easements shall be provided within the plaza area from Newport Boulevard and the paseo area from the Arcade to connect to the 10 -toot waterfront easement. The easements shall be directly accessible by the public from Newport Boulevard and not be gated, enclosed or otherwise blocked by present or future property owners or occupants of the property. Present or future property owners or occupants shall not place or store any objects including but not limited to boats, tables, chairs, umbrellas and shade canopies within the easement area. All of the foregoing easements shall be delineated on the final parcel map prior to recordation of said map and on the building plans prior to issuance of building permits. If the applicant proposes to pull building permits prior to the recordation of the easements, a separated instrument shall be prepared and recorded to the approval of the Planning Director and the City Attorney prior to issuance of the building permits. 14. The project must comply with the interior and exterior noise standards of the Noise Ordinance. An acoustic study shall be performed by a qualified professional that demonstrates compliance with these standards of the Noise Ordinance. This acoustic study shall be performed and submitted to the City Planning Department prior to occupancy of the project. If the exterior noise levels exceed applicable standards, additional mitigation shall be required which may Include the installation of additional sound attenuation devices as recommended by the acoustic study and subject to the approval of the Planning Director. 15. Each residential unit and each commercial building shall be separately 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. 16. All improvements within the public right of way shall be constructed as required by Ordinance and the Public Works Department. 17. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with stale and local requirements. Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. 17 of 29 Resolution No. 1706 Page 11 of 2.1 18. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 19. A hydrology and hydraulic study shall he 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 and public improvements prior to recording of .the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 20. The applicant shall provide wheel stops or other approved protective barrier methods as necessary within the parking areas. The parking spaces shall be marked with approved traffic markers subject to the approval of the Public Works Department or painted white lines not less than 4 inches wide. 21. Fair Share traffic mitigation fees shall be paid to the City prior to the issuance of any building or grading permit for new construction on the project site. 22. 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 10.2B of the Newport Beach Municipal Code, Community Noise Control. 23. Overhead utilities serving the site to be subdivided shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal 'Code unless it is determined by the City Engineer that such undergrounding is physically infeasible. 24. The final tract map shall be prepared on the California coordinate system (NAD88). Prior to recordation of the final map, the surveyor /engineer preparing the map shall submit to the County Surveyor and to the City of Newport Beach a digital- graphic file of said map 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. That prior to recordation of the final map, the surveyor /engineer preparing the map shall tie the boundary of the map into t_he 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. The map to be submitted to the City shall comply with the City's CADD Standards — scanned images will not be accepted. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to coinpletlon of construction project. 25. Easements for public emergency and security ingress /egress, weekly refuse service, and public utility purposes shall be dedicated to the City and shall be made part of the tract map. 26. 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. 27. The existing curb drain located under the Newport Boulevard sidewalk near the northerly property line that discharges onto Newport Boulevard shall be removed and reconstructed with a minimum 5 -foot section of the existing concrete curb and gutter at said location. 18 of 29 Resolution No. '1706 Page '12 of 21 28. The entire length of the existing Newport Boulevard concrete sidewalk fronting the development shall be reconstructed. The existing curb access ramp that serves the existing Newport Boulevard crosswalk shall be reconstructed to comply with current ADA requirements. Provide full width cold mill and reconstruct the top 2 -inch of the existing Arcade roadway pavement fronting the development. 29. The applicant shall reimburse the Public Works Department for the cost of curb repainting /stencil along Newport Boulevard in the vicinity of the project. 30. The applicant shall adjust the existing and /or install new water valve boxes and sanitary sewer manhole frames and covers within the existing Newport Boulevard sidewalk fronting the development. 31. The applicant shall replace all existing street light pull boxes within the Newport Boulevard sidewalk fronting the development with Eisel Enterprises No. 3 -1/21= pull boxes and covers per City Standard Plan No, STD- 204 -L. Any damage done to the existing electrical wiring will require full length wiring replacement between pull boxes. No splices between pull boxes shall be allowed. 32. Construction of waterway improvements shall be to the approval of the Public Works Department, including the requirement for installation of water agitator($) if deemed necessary by the Department. Construction of the 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. 33. Where deemed applicable by the Public Works Department, ADA compliant curb access ramps shall be constructed along the length of the on -site pedestrian path. 34. All storm drain and sanitary sewer mains shall be installed with MacWrap to minimize the potential of seawater contamination from potential main leakage. 35. Garages and carports shall have a minimum clear interior width of 9 ft. -3 inches and depth of 18 ft.-6 inches, and all garage doors shall be a minimum of 8 feet wide. Columns located at or near the rear of parking stalls shall be pulled back at least 2 feet. The proposed parking layout shall comply with City Standards STD - 805 -L -A and STD - 805 -L -B. 36. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. V. All work within the public right of way shall be completed under an encroachment permit issued by the Public Works Department. 38. Street, drainage and utility Improvements shall be shown of standard improvement plans prepared by a licensed civil engineer and approved by the City Engineer. All non- standard Improvements shall be shown on standard improvement plans prepared by a licensed civil engineer and approved by the City Engineer and the City Council. 39. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, street trees shall be required and shall be subject to the review and approval of the General Services and Public Works Departments. 19 of 29 Resolution No. 1706 Page '13 of 21 40. An encroachment agreement is required for all non - standard improvements within the public right -of -way. Prior to the issuance of an encroachment permit for the construction of non- standard improvements, an association or maintenance assessment district shall be formed that will be responsible for the maintenance of the non- standard improvements. This association of assessment district must be formed and approved by the City prior to recordation of the tract map or issuance of any Grading or Building Permits unless otherwise approved by the Public Works Department. 41. A site plan shall be provided prior to recordation of any tract map or issuance of a building permit for new construction showing the location of all proposed street lights, fire hydrants, trees, landscape, vents and other obstructions. 42. The applicant shall be responsible for the payment of all applicable City plan check and inspection fees. 43. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut- off fixtures. 44. All access drives into the parking area shall be designed with ramp widths and gradients to the requirements and approval of the City Fire Department, shall be capable of supporting fire apparatus with a total weight of 72,000 pounds, and shall be marked as fire lanes. Ramp slopes shall not exceed 15 percent maximum with a maximum grade change of 11 percent and shall comply with City standards STD- 160 -L -B and STD - 160 -L -C. 45. Fire hydrants shall be spaced at a maximum of 300 apart to the approval of the Fire Department. 46. Automatic fire sprinkler system (NFPA13) shall be required for all buildings including the underground parking area. 47. Class I Standpipes shall be provided in the underground parking area, on the fire access road on the deck, and in stairwells of Buildings B and C. 48. A fire alarm system shall be provided to the approval of the Fire Department, including provisions for occupant alerting in the retail and office suites. Residential units shall be provided with smoke detectors located in accordance with the California Building Code and powered through the fire alarm control panel, The residential system shall be two phases: first smoke detector activated shall alarm in the unit only, second smoke detector or activation of waterflow switch shall put all buildings into alarm. 49. The docks shall be provided with a Class III Standpipe System in accordance with City of Newport Beach guideline "Fire Protection for Marinas, Wharves and Piers." 50. Prior to the issuance of a Public Works Encroachment Permit or the first grading permit, whichever occurs first, the applicant shall prepare to the approval of the Planning Director and Traffic Engineer a Construction Traffic Management and Control Plan that shall include phasing details, construction timing /hours, all construction- related traffic including timing, haul routes, signage, detours, and location(s) that debris will be trucked to for disposal. The plan shall include provisions for a traffic staging area to be located off -site and in a location 20 of 29 Resolution No. '1706 Page 14 of 21 outside of Balboa Peninsula. Staging shall be prohibited at all times oil The Arcade /22nd Street except for prior approval of the Traffic Engineer shall provide that all construction related vehicles including the vehicles used by workers to commute to the site, be parked either on site or in an off -site staging area; and shall include provisions for construction - related activities and traffic during summer months (beginning the Friday preceding Memorial day and ending on Labor Day) be restricted in a manner so as not to impact normal vehicle and pedestrian traffic along Newport Boulevard, Balboa Boulevard and 22 "d Street/The Arcade. In addition; the Plan shall Include those additional component parts and revisions as recommended by City Traffic Engineer in his November 9, 2006 memo: The Construction Traffic Management and Control Plan as recommended for approval shall be submitted to the Planning Commission for review and a notice shall be sent out to all property owners within a 300 -foot radius advising of the Planning Commission review of the plan. 51. All noise generating construction activities shall be limited to the hours of between 7:00 a.m. and 6:30 p.m. weekdays and between 8:00 axn. and 6:00 p.m. on Saturdays. Construction activities are prohibited on Sundays and Federal holidays. The provisions of Municipal Code Section '10.28.040, Construction Activity — Noise, shall be met at all times. 52. Mitigation Measures — Aesthetics: Prior to the issuance of a, building permit, a landscape plan shall be prepared by a licensed landscape architect for the project for review and approval by the Planning Director. Said landscape plan shall enhance the property and provide visual softening of the proposed three -story buildings and site lighting. The landscaping shall be installed in recognition of vehicular and pedestrian circulation (sight distance considerations, etc.) and safety. b. Prior to the issuance of a building permit, a site lighting plan shall be prepared and submitted to the Planning Department for review and approval. Building and parking lot lighting shall be designed and installed so that all direct lighting rays are confined to the site and adjacent properties and roadways are protected from glare. 53: Mitigation Measures —Air Quality: a. During construction activities, the applicant shall ensure that the following measures are complied with to reduce short-term (construction) air quality impacts associated with the project: a) controlling fugitive dust by regular watering, or other dust palliative rneasures to meet South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust); b) maintaining equipment engines in proper tune; and c) phasing the scheduling construction activities to minimize project - related emissions. L During demolition and excavation, daily total haul trucks shall travel no more than a cumulative 2,600 miles hauling materials from the project site to the dumping site and back again. Prior to commencement of demolition and grading, the project 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 truck trips shall not exceed this amount during demolition and excavation. 21 of 29 Resolution No. '1706 Page '15 of 2'1 c. During construction activities, the applicant shall ensure that the project will comply with SCAQMD Rule 402 (Nuisance), to reduce odors from construction activities. 54. Mitigation Measures — Biological Resources: a. Prior to issuance of a grading permit, a survey will be conducted for the presence of eelgrass and Caulerpa. The biological assessments conducted by CRM and MBC indicate that neither species is present in the project locations, but it Is required that nor more than 00 days nor less than 30 days prior to initiation of actual construction that both eelgrass and Caulerpa surveys be conducted in September or October, in which case the results are relevant until the following growth period beginning in March. In no case, will an eelgrass or Caulerpa survey be conducted from November to February (non- growth period) be acceptable. b. Prior to the issuance of any Certificates of Use and Occupancy, the project applicant shall implement the recommended mitigation pertaining to the replacement and restoration Pickleweed and the mudflat area presented in the rnudflat area presented in the biological resources report prepared by MBC Applied Environmental Sciences. 55. Mitigation Measures — Cultural Resources: a. During construction activities, if archaeological and /or paleontological resources are encountered, the contractor shall be responsible for immediate notification and securing of the site area immediately. A qualified archaeologist and /or paleontologist approved by the City of Newport Beach Planning Director shall be retained to establish procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of cultural resource finds. If major archaeological and /or paleontological resources are discovered which require long -term halting or redirecting of grading, a report shall be prepared identifying such findings to the City and to the County of Orange. Discovered cultural resources shall be offered to the County of Orange or its designee on a first refusal basis. b. The historical study prepared by LSA dated October 2005 recommends the mitigation to reduce the significant impacts to historical resources through the following methods: I. Documentation of the South Coast Boatyard shall be provided by the developer prior to issuance of demolition permits by the City of Newport Beach. Prior to issuance of demolition permits, the Planning Director shall be provided an historic narrative, photographs, and architectural drawings of all on -site buildings in accordance with Historic American Building Survey (HABS) Level 1 documentation requirements. The Planning Director shall ensure that the HABS documentation is deposited with the Newport Beach Historical Society, the City of Newport Beach Public Library, the Newport Harbor Nautical Museum, and the SCCIC located at California State University, Fullerton, prior to the issuance of demolition permits. i_i. Prior to issuance of building permits, the Planning Director shall review project building plans and permits to ensure incorporation of design features referencing and memorializing the character - defining features of the South Coast Boatyard into design of the project, including, but not limited to, incorporation of a commemorative plaque depicting the buildings and their context to the historical importance of the 22 of 29 Resolution No. '1706 Page 'I6 of 21 shucuires on site. Such plaque shall be oriented to a public rigid -of -way, so as to be visible and accessible to the public form such right -of -way. iii. If previously undocumented cultural resources are found during construction activities within the current project area, a qualified professional archaeologist shall assess the nature and significance of the find in order to recommend appropriate mitigation measures, halting construction activity in the vicinity of the find, if necessary. 56.. Mitigation Measures— Geology and Soils: a. The project shall implement the recommendations presented in the geotechnical reports prepared by Petra presented in Appendix D, Volume 11 of the EIR. b. Prior to the commencement of construction, design criteria and project specifications that include ground improvement techniques such as stone columns, use of deep foundations which penetrate below the liquefiable zone; pressure grouting, or appropriate combinations of these measures shall be incorporated into the plans for the project. c. Develop design criteria and project specifications that recognize groundwater may be encountered at the proposed depth of the subterranean parking area. Construction of mat foundations or structural slabs may be required. Design of utility lines and surface drainage in the subterranean parking should also consider the presence of a shallow groundwater table. d. Use appropriate type of cement and concrete specification according to Table 19 -A-4 of the Uniform Building Code to mitigate contact with corrosive soils and sea water that may come in contact with footings In the area. 57. Mitigation Measures— Hazards and Hazardous Materials: a. If during grading and /or construction activities a potential contaminated area is encountered, construction shall cease in the vicinity of the contaminated area. An assessment shall be performed by a qualified hazardous materials specialist to determine the extent and type of contamination. If the site Investigation reveals that contamination with pollutant concentrations in excess of Action Levels, as defined by the California Department of Health Services and the California Regional Water Quality Control Board, the site shall be remediated during the project construction phase in compliance with the State of California Hazardous Substances Control Law (Health and Safety Code Division 20, Chapter 6.5) standards established the California Department of Health Services, Office of Statewide Health Planning and Development, and the requirements of California Administrative Code, Title 30, Chapter 22 and applicable Federal regulations. b. The proper use and maintenance of construction equipment, along with the use of general common sense, greatly reduces the potential for contamination. All grading and building plans will include the following construction related measures and that the measure shall be followed by the construction contractor and crew: i. The storage of hazardous materials, chemicals, fuels, and oils and fueling of construction equipment shall be a minimum of 45 meters (150 feet) from any drainage, water supply, or other water feature. 23 of 29 Resolution No. 1706 Page -17 of 21 ii. Hazardous materials stored onsite shall be stored in a neat, orderly manner in the appropriate containers and, if possible, under a roof or other enclosure. ill. Whenever possible, all of a product shall be used up before disposal of its container. iv. If surplus product must be disposed of, the manufactures or the local and state recommended methods for disposal shall be followed. v. Spills shall be contained and cleaned up immediately after discovery. Manufacturers methods for spill cleanup of a material shall be followed as described on the Material Safety Data Sheets (MSDS) for each product. c. Prior to the issuance of any certificate of use and occupancy permit(s), the project applicant shall submit written evidence from the California Regional Water Quality Control Board Santa Ana Region that no further action is needed and all remediation is completed and occupancy can proceed. d. Prior to the issuance of a grading permit, the applicant shall provide evidence that a Final Work Plan (for remediation) has been approved by the RWQCB and that said plan provides for protective measures for contaminated material removal including measure such as use of silt curtains and a watertight clamshell bucket for minimizing the dispersion of contaminants: Said Plan shall be subject to review and approval by the RWQCB. e. Prior to the issuance of a demolition permit, the applicant shall submit to the Chief Building Official a hazardous material disposal plan which identifies the procedures and method of removing and disposing of lead and asbestos in relation to the existing buildings on the site. 58. Mitigation Measures — Hydrology and Water Quality: a. Prior to the issuance of any grading permit, the applicant shall prepare a Storm Water Pollution prevention Plan (SWPPP) and provide evidence that a NPDES Notice of Intent_ (NO]) has been filed with the State Regional Water Quality Control Board. Such evidence shall consist of a copy of the NOI stamped by the Regional Water Quality Control Board. The SWPPP shall be developed to reduce the risk of the transport of sediment and pollutant from the site. The SWPPP shall implement measures to minimize risks from material delivery and storage, spill prevention and control, vehicle and equipment fueling and maintenance, material use, structure construction and painting, paving operations, solid waste management, and hazardous waste management. b. During construction and following completion of development, the recommendations presented in the Water Quality Management Plan (WQMP) prepared by SP Consulting Group dated February 20, 2006 shall be implemented and complied with to ensure that all potential project impacts to water quality will be reduced to a less than significant level and all applicable local and state water quality requirements complied with by the project applicant. c. During construction activities the following shall be implemented: i. During construction and maintenance activities, equipment shall be in proper working condition and inspected for leaks and drips on a daily basis. The project contractor or representative thereof shall develop and implement a spill prevention and remediation 24 of 29 Resolution No. '1706 Page '18 of 21 plan and workers shall be instructed as to its requirements. Construction supervisors and workers and maintenance personnel shall be instructed to (1) be alert for indications of equipment - related contamination Such as stains and odors, and (2) respond immediately with appropriate actions as detailed in the spill prevention and remediation plan if indications of equipment - related contamination are noted. ii. During construction and maintenance activities, fuels, solvents, and lubricants shall be stored In a bermed area so that potential spills and /or leaks shall be contained. Soil contamination resulting from spills and /or leaks shall be remediated as required by Federal ancl/or state law. Storage areas shall be constructed so that containers shall not be subjected to damage by construction and maintenance equipment. iii. Stockpiles of bull( granular building materials shall be covered and secured. iv. Any areas of exposed soil, such as dirt stockpiles, dirt berms, and temporary dirt roads, shall be stabilized with controlled amounts of sprinkled water. v. At the close of each working day, any materials tracked onto the street or laying uncontained in the construction areas shall be swept up, and any trash accumulated in construction areas shall be disposed. vi. Concrete, asphalt, and masonry wastes shall be contained and these wastes shall be disposed away from project construction sites. vii. Spill kits containing absorbent materials will be kept as the construction site. viii. Fuels and other hazardous materials will be stored away from project drainage. d. Prior to the issuance of a building permit, the applicant shall submit a landscape plan, which includes a maintenance program to control the use of fertilizers and pesticides, and an irrigation system designed to minimize surface runoff and over watering. This plan shall be reviewed by the City of Newport Beach Planning Department. The landscaping shall be installed and maintained in conformance with the approved plan and maintenance program. 59. Mitigation Measure— Noise: Prior to the issuance of any building permits, detailed engineering construction plans will be submitted to the City for review and approval. The engineering plans shall provide details such as roof and wall elements, room dimensions, window and door dimensions, attic configuration, ventilation systems and building insulation. Said plans shall demonstrate and ensure that the City's noise standards are met for proposed mixed -use project (residential and commercial). 60. Mitigation Measures — Public Services: a. Prior to the issuance of a grading permit, project construction plans shall be submitted to the City Fire Chief for review to verify that all fire protection is designed in compliance with the requirements of the City of Newport Beach Fire and Marine Department. b. Prior to the Issuance of any building permits, the project applicant shall pay any applicable development school Impact fees as required by State law. 25 of 29 Resolution No. '1706 Page '19 of 2'1 C. Prior to the issuance of any building permits, the project applicant shall pay any applicable park impact fees as required by City of Newport Beach and State law. 61. Mitigation Measures — Public Utilities and Service Systems: a. Prior to the commencement of construction activities, the project applicant shall coordinate with utility and service organizations regarding any construction activities to ensure existing facilities are protected and any necessary expansion or relocation of facilities are planned and scheduled in consultation with the appropriate public agencies. b. Prior to the commencement of construction activities, the project applicant shall coordinate with utility and service organizations regarding any construction activities to ensure existing facilities are protected and any necessary expansion or relocation of facilities are planned and scheduled in consultation with the appropriate public agencies. 62. Prior to issuance of any Certificate of Occupancy, applicant shall provide a disclosure statement at the time of purchase contract, in form and content acceptable to the City Attorney In consultation with adjacent property owners and the Planning Director, which shall be provided to each prospective purchaser of one of the 27 residential units on the site advising of the potential noxious characteristics of the nearby boatyards and restaurant uses which could adversely affect the prospective owner's enjoyment of the property. The disclosure statement shall be included and recorded with the Conditions, Covenants and Restrictions (CC &R's) at the County Recorder's Office and each purchaser shall be required to acknowledge receipt of the disclosure statement, in writing, prior to executing a deed and the written acknowledgement shall be recorded together with the deed with the County Recorder. The form shall also be provided to future buyers of a re -sold residential unit and similarly included and recorded with the CC &R's for those future buyers. 63. Left turns into the project site at the north driveway along Newport Boulevard shall be prohibited, and the applicant shall be required to construct a 4 -foot wide raised median along Newport Boulevard to prevent left -turn access into and out of the site or other improvement acceptable to the City Traffic Engineer. If left -turn . access along Newport Boulevard is requested at a future date, a study shall be conducted to review vehicle queuing and safety issues for providing left -turn access to the site and improvement plans shall be prepared for review and approval by the public Worlcs Department. To accommodate left -tum access, an extension of the two -way left -turn median which terminates just north of the project site would be required which would include widening of Newport Boulevard. 64. Prior to issuance of a building permit, the-applicant shall prepare and submit for approval by the Planning Director and City Traffic Engineer, a Parking Management Plan. The Plan shall include a description any proposed gating to the parking areas, Including a description of how the access to the gated areas will function, use of attendants for parking, valet parking, pay parking, and any proposed night time or weekend use of the parking structure for other off -site users such as area restaurants. The plan shall provide noticing to surrounding properly owners that the plan has been prepared and is available for review. The plan shall also include those additional component issues as recommended by City Traffic Engineer in his memo dated November 9, 2006. The parking management plan shall be reviewed and approved by the Planning Commission prior to the issuance of a building permit. 65. The marina shall be limited to a total of 18 slips for use by individually privately owned vessels. Use of the slipway area identified as slip 19 for the permanent berthing of vessels is not 26 of 29 Resolution No. '1706 Page 20 of 21 permitted. The temporary berlhing of vessels at slip '19 may be permitted; however it is not permitted ovemight, and vessels shall not berth for a perlod exceeding two hours and vessels may not exceed a height of four feet above the adjacent public walkway. Any proposed future use of the boat clocks by commercially operated sport fishing, charier or other similar use requiring more than 0.8 pad<ing space per marina slip, shall be subject to administrative and/or discretionary review as determined necessary by the Planning Director. Any future change in the use of the marina may also require a parking analysis and /or preparation of a parking allocation plan andlor shared parking plan as determined necessary by the Planning Director. 66. The proposed loading zone located adjacent to the northerly property boundary shall be redesigned in a manner to facilitate the parking of delivery vehicles without requiring large vehicles to make multiple turning movements to the approval of the City Traffic Engineer. Delivery vehicles shall be prohibited from backing out onto Newport Boulevard. 67. The project shall provide prominent signage and pavernent marking to designate vehicular circulation, subterranean parking areas and loading areas, and other appropriate on -site traffic- related signage as required by the City Traffic Engineer, 68. Design of the subterranean parking areas shall incorporate features such as white painted ceilings and lighting to ensure uniform light levels throughout. 69. The stairway and landing area located on the westerly side of Building C shall be setback so as to be out of The Arcade right -of -way. 70. Adequate sight distance shall be provided at all driveway access points, ramp locations and internal intersections to the approval of City Traffic Engineer. 71. Prior to issuance of final building permits, on -site circulation for final building_ plans shall be subject to further review and approval of the City Traffic Engineer, 72. Building K shall be redesigned In a manner to provide office space within northerly portion of the second and third levels of that building. In addition, a '12 -foot high wall, 8 -foot solid masonry and 4 -foot clear glass or Plexiglas measured from the northerly side of the wall, shall be provided along the northerly property boundary between Building K and the abutting property from the street right -of -way to the bay. The wall shall be architecturally compatible with the project and it shall be aesthetically pleasing. The wall shall be stepped down beginning at the driveway ramp to provide adequate sight distance. The final design of the wall shall be subject to the approval of the Planning Director and City Traffic Engineer. 73. The site plan shall be revised to move Building G a minimum of 4 feet to the south. The separation between Buildings D & F and F & G may be decreased accordingly. A view easement shall be provided over the central plaza area, bridge, slipway, abutting public walkways, and abutting landscape areas. The specific area to be included within the view easement shall be subject to the review and approval by the Planning Director prior to the recordation. The view easement shall be specifically described (legal description and map exhibit) and recorded against the property in favor of the public prior to the issuance of a building permit for the mixed -use building unless said view easement Is first recorded on the tract map. 74. The public access easements shall be identified by directional signage to be provided on Newport Boulevard and 22n° Street/The Arcade as approved by Director of Planning. All public 27 of 29 Resolution No. 1 706 Page 21 of 2.1 access easements shall be depicted on the find tract map or by separate recorded ins6 urnr I should a subdivision map not be recorded at the time of the issuance of a building permit. 75. Additional glass /plexiglass sound attenuating wall (full height) shall be provided along the residential unit balconies located oil the third level of Building B. Additional sound attenuating glass and insulation shall be provided in the south walls of those units that will, as deemed necessary by the City Building Official to effectively mitigate the interior noise levels within those units from noise generated by the operation of the adjacent restaurant. 76. The enclosed garages and carports located on the Deck Level for the residential units shall remain unobstructed and available for the parking of vehicles at all times. Carports shall not be equipped with garage doors. 77. The clear walkway width of the Bayfront walk and the walkways on each side of the slipway shall be maintained at a minimum of eight feet. In addition, the bridge over the slipway on the Deck Level shall re- designed to provide a rninimum 6 -foot wide pedestrian area connecting the bayfront walkways across the slip. The walkway across the bridge shall be grade separated (elevated) from vehicular traffic by a minimum of 6 inches. 78. The Deck Level and Subterranean Parking Level shall be re- designed to provide open areas for natural light into the lower parking level where feasible. 79. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every Bind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Newport Bay Marina Project including, but not limited to; the approval of Site Plan Review No. 2001 -004, Use Permit No. 2001 -.038, and Newport Tract Map No. 2004- 003 (Vesting Tentative Tract Map No. 16594); and /or the City's related California Environmental Quality Act determinations, the certification of the Environmental Impact Report and/or the adoption of a Mitigation Monitoring Program for the Newport Bay Marina Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties Initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 28 of 29 N 0 150 300 ® Feet Q� 6 LL - MC e '9 !z sr � vj eo �, Q �O� 10 9 0TT �\ T sl r ��t�llllllll � 111 111. lllllllli ., Final Tract Map NO. 1 6594 2300 Newport Blvd. ATTACHMENT y��y F91 AACHMEN L ® APN: 047 - 120 -31 i Ci ach GIS Division January 23, 2013