HomeMy WebLinkAbout3.0 - Lido Villas - 3303 and 3355 Via Lido - PA2012-146CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 5, 2013 Meeting
Agenda Item 3
SUBJECT: Lido Villas - (PA2012 -146)
3303 and 3355 Via Lido
• General Plan Amendment No. GP2012 -005
• Coastal Land Use Plan Amendment No. LC2013 -001
• Code Amendment No. CA2012 -008
• Site Development Review No. SD2013 -001
• Tract Map No. NT2013 -001
(Tentative Tract Map No.17555)
• Mitigated Negative Declaration No. ND2013 -001
APPLICANT: Dart Development Group
PLANNER: Makana Nova, Assistant Planner
(949) 644 -3249, mnova @newportbeachca.gov
PROJECT SUMMARY
The project consists of the demolition of a 3 -story commercial building, a single -story
church building (First Church of Christ, Scientist), and a 56 -space surface parking lot to
accommodate the development of 23 townhouse -style multi - family dwelling units on a
1.2 acre site. The following applications are requested in order to implement the project
as proposed:
1. General Plan Amendment -to change the land use of a portion of the project site
(3303 Via Lido) from PI (Private Institutions, 0.75) to RM (Multi -Unit Residential, 20
DU /acre).
2. Coastal Land Use Plan Amendment -to change the land use of a portion of the
project site (3303 Via Lido) from PI-13 (Private Institutions) to RM -D (Multiple -Unit
Residential).
3. Zoning Code Amendment -to change the Zoning designations of the properties at
3303 Via Lido from PI (Private Institutions) and 3355 Via Lido from RM (Multiple -Unit
Residential, 2178) and establish a Planned Community Development Plan (PC)
Zoning District over the entire project site with development standards for a new 23-
unit multi - family project. In order to establish the proposed planned community
development plan, a waiver of the minimum site area of 10 acres of developed land
is necessary.
4. Site Development Review -to allow the construction of 23 townhouse -style multi-
family dwelling units.
5. Tract Map -to combine six underlying parcels on two existing properties and
establish a 23 -unit residential condominium tract on a 1.2 acre site.
6. Mitigated Negative Declaration -to evaluate environmental impacts relative to the
California Environmental Quality Act (CEQA).
Lido Villas
September 5, 2013
Page 2
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ (Attachment No. PC 1) and attached Exhibits
recommending the City Council:
• Adopt Mitigated Negative Declaration No. ND2013 -001;
• Approve General Plan Amendment No. GP2012 -005;
• Approve Local Coastal Plan Amendment No. LC2013 -001;
• Approve Code Amendment No. CA2012 -008;
• Approve Site Development Review No. SR2013 -001; and
• Approve Tract Map No. NT2013 -001
(Tentative Tract Map No. 17555).
August 22, 2013, Planning Commission Meeting
The Planning Commission received a Staff presentation of the proposed project on
August 22, 2013, and voted to continue the project to September 5, 2013, to allow
additional time for the Planning Commission to consider the project and provide
direction for Staff. The Planning Commission requested additional information related to
the architectural design and construction of the project. The draft Planning Commission
minutes are included as Attachment No. PC 3. Public comment letters received prior to
the meeting are included as Attachment No. PC 4.
Generally, the Planning Commission requested the following information:
• Additional details regarding the architectural style and material finishes.
• Greater discussion of the project's compatibility the Lido Village Design Guidelines.
• Analysis and comparison of hardscape and landscape area within common areas
on -site.
• Consideration of additional guest parking beyond the minimum required 12 spaces
within the surface parking areas.
• Revisions to the Planned Community Development Text to better address permitted
land uses, parking requirements, and the architectural design of the project.
• Conditions of approval to incorporate requirements for City review of the covenants,
conditions, and restrictions (CCRs) for the project.
• Discussion of the comments submitted by the Friends of Dolores and written by
Robert Hawkins on August 22, 2013, relative to the CEQA analysis of the project
and Lido Village Design Guidelines.
Lido Villas
September 5, 2013
Page 3
The following analysis responds to the Commission's concerns and includes additional
information that was not available at the August 22, 2013, meeting.
Analysis
Project Design
As previously discussed in the August 22, 2013 staff report, the project is designed in a
coastal modern architectural style. To better illustrate the architectural design of the
proposed project, a photo of the materials board and detailed architectural elevations
(Attachment No. PC 5 and 6).
Finishes include the use of horizontal stained cedar siding on the Island Unit type that
encompasses vertical panels at the front elevations of each dwelling unit in areas that
are not occupied by windows. Adjacent guardrails would provide a wood handrail to
complement the wood panels.
The same wood cedar siding would be utilized on the Harbor Unit type in a similar
treatment to the interior panel treatments facing the residential balconies. These units
would be defined by a white stripe patterned glazing on the tempered glass guardrails at
each level.
The side of each fagade would incorporate concrete composite panel elements at the
side facades with cream or grey panels, depending on the unit type. Aluminum finishes
would serve to define window panel areas at the front elevations for both unit types. The
building materials maintain a cool neutral color palette accented by warm wood
elements applied to all units to maintain continuity throughout the project site.
Lido Village Design Guidelines
The City Council adopted the Lido Village Design Guidelines (Guidelines) on January
10, 2011 to provide guidance and inspiration for area -wide improvements. With the City
Council's adoption of the Guidelines by resolution, the Guidelines do not have the
weight of an ordinance.
The following provides a summary of the content provided within the Guidelines:
• Chapter 1 is an introduction that provides the summary and objectives of the
Lido Village Design Guidelines:
"The objective of the Guidelines is to provide owners with strong positive images and
a design vocabulary for the renewal of Lido Village. These Guidelines are intended to
streamline the design and approval process by requiring property owners to adhere
to the contents within. Special considerations or incentives may be provided for
Lido Villas
September 5, 2013
Page 4
projects that provide enhanced amenities or public benefit, at the discretion of City
officials. "
• Chapter 2 identifies geographic areas within Lido Village along with edge
conditions (Street- focused, Buffer edge, Waterfront edge, and Service edge) for
the design areas with guidelines for improved pedestrian connections and open
space.
• Chapter 3 provides architectural guidelines (form /massing, facade treatments,
street interface, roofs, and building materials) and identifies "Coastal" and
"Mediterranean" architectural styles as being preferred.
• Chapter 4 provides landscape guidelines that apply to plantings and hardscape
improvements. Significant attention is paid to streets, the waterfront, pedestrian
connections, and links to surrounding neighborhoods to guide the design of
future capital improvement projects and beautification efforts (budget permitting).
A strong preference is identified for "California Friendly" plantings that have low
watering requirements compatible with the climate, soils, and setting.
• Chapter 5 addresses implementation of the Guidelines as a design manual for
private development and public spaces. Within this framework, flexibility will be
preserved while establishing a clear statement of design intent that property
owners, designers, and decision - makers will need to follow.
Consistency with Lido Village Design Guidelines
Chapter 2 of the Guidelines suggests a "Street- focused" edge along Via Lido and Via
Malaga and a "Service" edge along Via Oporto. The Street - focused edge suggests
image- defining facades with street orientation, strong building /pedestrian interfaces, and
the use of a unifying theme and character. The Service edge suggests back of house
and service conditions, limited pedestrian access, and special screening applications.
Additionally, the Guidelines suggest a Primary Pedestrian Corridor along Via Lido and
Secondary Pedestrian Corridors along Via Malaga and Via Oporto. The project provides
a consistent street - focused edge for all three street frontages. Vehicular access is not
provided along Via Lido accentuating pedestrian access. Although the street focused
edge along Via Oporto doesn't provide elements of a service edge as identified in the
Guidelines, the design supports future use of Via Oporto as a pedestrian corridor. Via
Oporto was identified as a Service edge due to its proximity with Via Lido Plaza and
with the change of use from Pavilions to West Marine, there should be a diminishment
of service activities potentially facilitating enhanced pedestrian use consistent with the
street's designation as a secondary pedestrian corridor.
Staff believes the project is consistent with the architectural guidelines identified in
Chapter 3 of the Guidelines. The architectural style is a modern interpretation of a
Coastal style. The project incorporates simple block massing characteristic of this style
accented by a wood panel siding treatment along the front facades. Building materials
have been chosen to withstand coastal conditions and the cedar is considered a
durable wood that is permitted for exterior treatments without preservative treatments.
Lido Villas
September 5, 2013
Page 5
While the architecture does not exhibit all of the "coastal" elements identified by the
Guidelines, the overall result suggests a nautical flavor with its forms and choice of high
quality materials.
The project incorporates a combination of hardscape and landscape as depicted on the
proposed landscape plan that is water - efficient, drought tolerant and therefore
consistent with the landscape guidelines identified in Chapter 4 of the Guidelines.
Overall, Staff believes the project's strong consistency with the site and neighborhood
planning aspects of the Guidelines, coupled with the applicant's modern interpretation of
Coastal architecture with the use of authentic, high quality materials warrants a
recommendation to find the project consistent with the Lido Village Design Guidelines.
Ultimately, the project, if approved, should help to achieve the overall vision to create a
vibrant gateway Village in the heart of historic Newport Beach's Balboa Peninsula by
creating a unique coastal California destination.
Hardscape vs. Landscape Open Space Areas
The landscaping should provide adequate buffering and softening of the urban design
aesthetic. The site plan proposes 8,526 sq ft of landscape area for the project site. A
total of 22,389 sq ft of hardscape areas are provided on -site, including required vehicle
circulation areas. A calculation of these hardscape and landscape areas is provided as
Attachment No. PC 7.
Of the total 5,474 sq. ft. of common areas not utilized for vehicle circulation, 71 percent
are provided as landscape areas. A total of 2,483 sq. ft. of common areas qualify toward
the calculation of common open space and provide the required 15 -foot dimension as
useable common open space.
Guest Parking and Vehicle Circulation
Twelve guest parking spaces (0.5 spaces per dwelling unit) are required under the
proposed Planned Community Development Plan, consistent with the standard for the
RM Zoning District of the Zoning Code.
The Planning Commission expressed concern that the 12 guest spaces provided would
not be sufficient to meet demand for the project and mentioned requiring more than the
minimum requirement.
Staff, including the Public Works Department, has worked extensively with the applicant
to achieve a site design that provides the maximum number of guest parking spaces on-
site with adequate vehicle circulation and access for each of these spaces. Staff
believes it would be difficult for the applicant to provide additional guest parking on -site
that would provide adequate circulation and access to sufficiently serve the project site.
Lido Villas
September 5, 2013
Page 6
Draft Conditions of Approval
The following changes have been reflected and redlined in Exhibit "F" of the revised
draft resolution (Attachment No. PC 1) to address the Planning Commission's
comments:
• Draft Condition No. 2 has been amended to specify "selling broker" in the list of
notifications of the conditions of approval since the project will consist of
condominium dwelling units available for individual sale rather than "leasing
agent" as originally identified.
• Condition No. 47 was clarified to specify that park fees are assessed on a per
unit basis.
• A typographical error was corrected in Condition No. 72 to accurately reflect the
word, "relocation."
• Condition No. 85 has been added to reflect requirements for school fees.
• Condition No. 86 has been added requiring City review of the covenants,
conditions, and restrictions for the development.
PC -Text
Revisions and additions have been made to the draft Planned Community Development
Plan (Attachment No. PC 2) to reflect the comments of the Planning Commission.
Language has been added to addressed the architectural character of the project,
clarify permitted land uses, and address the use of the garage areas for the parking of
vehicles.
Robert Hawkin's Comment Letter
A comment letter was submitted by the Friends of Dolores and written by Robert
Hawkins on Thursday, August 22, 2013 (Attachment No. PC 4). The commenter
indicates that the project MND is inadequate as it does not provide a cumulative
analysis specifically referencing the City Hall Reuse Project.
The City Hall Reuse Project Amendments appeared on the City Council's agenda for
consideration in March of 2013, and they were continued to consider several proposals
for development of the site. Subsequent to selecting RD Olson to negotiate
development of the site with a hotel in July of 2013, the City decided to prepare an
Environmental Impact Report (EIR) for both the proposed hotel as well as the pending
land use plan amendments. With the decision to prepare an EIR for the redevelopment
of the former City Hall site, the City Council will not consider the proposed GPA for the
former City Hall site until after it considers the Lido Villas GPA. The MND was prepared
considering the draft MND for the proposed land use amendments for the former City
Hall site and an additional discussion of this analysis is provided by the CEQA
consultant as Attachment No. PC 8.
Lido Villas
September 5, 2013
Page 7
The commenter indicates that the MIND does not contain an analysis of Charter Section
423 and that the Charter 423 analysis provided in the Staff Report does not account for
the City Hall Reuse Project. The Charter 423 analysis was not included in the MND
since the provisions of Charter Section 423 are procedural in nature (i.e. how a General
Plan Amendment (GPA) may be authorized) and not adopted for the for the purpose of
protect the environment. The Staff Report included an analysis as mandated by Charter
Section 423. The City Hall Reuse Project was not included in that analysis because it
was not approved by the City Council and Charter Section 423 does not require an
analysis of pending General Plan Amendments. Should the City Council approve the
proposed Lido Villas GPA, the increase in units will affect future GPA within Statistical
Area B5 including the pending GPA for the former City Hall site.
The commenter indicates that the MND characterizes the Lido Village Design
Guidelines as regulatory when they are not. This characterization in the Draft IS /MND is
unintentional and the IS /MND discusses the Lido Village Design Guidelines to provide
land use context to the potential development. If the project were not consistent with the
guidelines, potential land use and aesthetic impacts could occur. Therefore, consistency
with the Guidelines, in addition to the long -range goals and policies articulated in the
Newport Beach General Plan and Coastal Land Use Plan support land use compatibility
and the conclusion that potential impacts would be less than significant.
Summary
Staff recommends that the Planning Commission recommend adoption of the MND and
approval of the project applications.
Overall, the proposed project would result in the redevelopment of an under - utilized and
aging commercial lot with a compatible residential development that implements the
goals and policies for Lido Village. The project would also result in the redevelopment of
a property that was specifically re- designated for residential use as part of the 2006
General Plan Update to encourage its redevelopment.
Public Notice
This item was continued from to a date certain in the Planning Commission minutes
from August 22, 2013. Notice for the August 22, 2013, hearing was published in the
Daily Pilot, mailed to property owners within 300 feet of the property, and posted at the
site a minimum of 10 days in advance of this hearing consistent with the Municipal
Code. Additionally, the item appeared upon the agenda for this meeting, which was
posted at City Hall and on the City website.
Alternatives
Staff believes that the findings for approval can be made for the proposed project as
recommended and the facts in support of the required findings are presented in the draft
Lido Villas
September 5, 2013
Page 8
resolution (Attachment No. PC 1). The following alternatives are available to the Planning
Commission:
1. The Planning Commission may suggest specific changes that are necessary to
alleviate any concerns such as the project height, resulting in abrupt changes in
scale, or architectural consistency with the Lido Village Design Guidelines. If any
additional requested changes are substantial, the item could be continued to a
future meeting. Should the Planning Commission choose to do so, staff will
return once the applicant has had an opportunity to revise the project accordingly
with a revised resolution incorporating new findings and/or conditions.
2. If the Planning Commission believes that there are insufficient facts to support
the land use amendments, the Planning Commission may deny the application
without prejudice in the draft resolution for denial. The applicant may then return
with a project that incorporates only the property at 3355 Via Lido, which is
already designated for multi - family residential use.
Prepared by: Submitted by:
1"]
Makana VO va 13�nfla Wisnes i, rICP, Deputy Director
Assistant Planner
ATTACHMENTS
PC 1 Revised Draft Resolution
PC 2 Revised Draft Planned Community Development Plan
PC 3 Draft Planning Commission Minutes
PC 4 Public Comment Letters
PC 5 Materials Board
PC 6 Detailed Elevations
PC 7 Calculation of Hardscape and Landscape Areas
PC 8 Discussion of MND Cumulative Analysis Including the City Hall Site
Rpt 09- 05- 13.docx: 05/24113
Attachment No. PC 1
Revised Draft Resolution
RESOLUTION NO. ## ##
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING CITY
COUNCIL ADOPTION OF MITIGATED NEGATIVE
DECLARATION NO. ND2013 -001, APPROVAL OF
GENERAL PLAN AMENDMENT NO. GP2012 -005,
COASTAL LAND USE PLAN AMENDMENT NO. LC2013-
001, ZONING CODE AMENDMENT NO. CA2012 -008, SITE
DEVLOPMENT REVIEW NO. SD2013 -001, AND
TENTATIVE TRACT MAP NO. NT2013 -001 FOR
PROPERTIES LOCATED AT 3303 AND 3355 VIA LIDO
(PA2012 -146)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS
AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by DART Development Group, with respect to property
located at 3303 and 3355 Via Lido, and legally described as Lots 1201 to 1204
together with that portion of the adjoining alley of Tract 907, as shown on map
recorded in Book 28, Pages 25 to 36, inclusive, of Miscellaneous Maps, records of
Orange County, California, together with that portion of Lots 4 and 5 of Tract 1117,
in the city of Newport Beach, County of Orange, State of California, as shown on a
map recorded in Book 35, Page 48 of Miscellaneous Maps, records of Orange
County, California, together with a portion of the 20 foot alley adjoining said Lots 4
and 5 as abandoned by resolution of the City Council of Newport Beach on
February 4, 1946, a certified copy of said resolution being recorded March 11, 1946
in Book 1400, Page 149 of Official Records, requesting approval of a General Plan
amendment, Coastal Land Use Plan amendment, Zoning Code amendment, site
development review, and tentative tract map.
2. The proposed project consists of the demolition of a 3 -story commercial building,
a single -story church building (First Church of Christ, Scientist), and a 56 -space
surface parking lot to accommodate the development of 23 townhouse -style
multi - family condominium units on a combined 1.2 acre site.
3. The General Plan Land Use Element category of the subject property at 3303 Via
Lido is Private Institutions (PI, 0.75 FAR). The General Plan Land Use Element
category of the subject property at 3355 Via Lido is Multiple -Unit Residential (RM,
20 du /ac).
4. The requested change of the General Plan designation of 3303 Via Lido is from
Private Institutions (PI, 0.75 FAR) to Multiple -Unit Residential (RM, 20 du /ac)
(General Plan Amendment No. GP2012 -005).
Planning Commission Resolution No. ####
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5. Council Policy A -18 requires that proposed General Plan amendments be
reviewed to determine if a vote of the electorate would be required pursuant to
Section 423 of the City Charter. If a General Plan Amendment (separately or
cumulatively with other GPA's within the previous 10 years) generates more than
100 peak hour trips (AM or PM), adds 40,000 square feet of non - residential floor
area, or adds more than 100 dwelling units in a statistical area, a vote of the
electorate would be required if the City Council approves the GPA.
6. This is the fourth General Plan Amendment that affects Statistical Area B5 since
the General Plan update in 2006. The amendment results in seven additional
dwelling units and there is no change in square- footage of non - residential floor
area. The seven additional units result in an overall decrease in a.m. and p.m.
peak hour trips based on the residential /condominium townhouse trip rates
provided in Council Policy A -18. Including 80 percent of prior General Plan
amendments results in a total increase of 16,275 square feet of nonresidential
floor area, 49 a.m. peak hour trips, 65 p.m. peak hour trips, and nine residential
dwelling units for Statistical Area B5. As none of the thresholds specified by
Charter Section 423 are exceeded, no vote of the electorate is required if the City
Council chooses to approve General Plan Amendment No. GP2012 -005.
7. The subject property is located within the coastal zone. The Coastal Land Use Plan
category of 3303 Via Lido is Private Institutions (PI -B) and the Coastal Land Use
Plan category of 3355 Via Lido is Multiple -Unit Residential (RM -D).
8. The requested change to the Coastal Land Use category is consistent with the
recommended General Plan Amendment for 3303 Via Lido from Private Institutions
(PI -B) to Multiple -Unit Residential (RM -D). The CLUP amendment (LC2013 -001)
will not become effective until the amendment to the Coastal Land Use Plan is
approved by the Coastal Commission.
9. The Zoning designation of 3303 Via Lido is Private Institutions (PI, 0.75 FAR) and
the Zoning designation of 3355 Via Lido is Multi -Unit Residential (RM, 2178).
10. The requested change of the Zoning District designations for both portions of the
project site are to the PC- Planned Community Zoning District (Zoning Code
Amendment No. CA2012 -008). The application includes the adoption of the Lido
Villas Planned Community that will provide land use and development standards for
the construction and operation of a 23 -unit condominium development. A waiver of
the 10 acre (developed) minimum site area is requested as part of the
establishment of the PC Zoning District. The resulting density under the PC Zoning
District would be equivalent to the density allowed under the RM 2178 designation
and would allow for a maximum of 23 dwelling units on -site (20 dwelling units per
acre).
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Planning Commission Resolution No. ####
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11. A public hearing was held on August 22, 2013, in the City Hall Council Chambers,
100 Civic Center Drive, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this meeting.
Chambers, 100 Civic Center Drive, Newport Beach, Califomia. A notice of time,
place and purpose of the meeting was given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
An Initial Study and Mitigated Negative Declaration have been prepared in
compliance with the California Environmental Quality Act (CEQA), the State
CEQA Guidelines, and City Council Policy K -3.
2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment
period beginning on July 12, 2013, and ending on August 13, 2013. The
environmental document and comments on the document were considered by
the Planning Commission in its review of the proposed project.
3. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program are attached as Exhibits "A" and "B ", respectively. The documents and
all material, which constitute the record upon which this decision was based, are
on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport
Beach, California.
4. On the basis of the entire environmental review record, the proposed project,
with mitigation measures, 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 and
incorporated in the Mitigation Monitoring and Reporting Program are feasible and
will reduce the potential environmental impacts to a less than significant level.
SECTION 3. REQUIRED FINDINGS.
1. Amendments to the General Plan, Coastal Land Use Plan, and Zoning Code are
legislative acts and neither the City nor State Planning Law set forth any required
findings for either approval or denial of such amendments. However,
amendments of the Coastal Land Use Plan must be found consistent with the
Coastal Act to be certified by the California Coastal Commission.
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2. The requested GPA and resulting land use change is compatible with the existing
surrounding uses and planned land uses identified by the General Plan because
the project would introduce residential land uses on a property that abuts 3355
Via Lido, which is already designated for residential land use. Additionally, the
proposed amendment from PI to RM will be compatible with adjacent residential
properties to the east, religious institutional use to the south, and commercial
uses to the west. 3355 Via Lido is an unusually shaped parcel and the proposed
amendment will create a larger shaped parcel making development more
efficient. The Lido Village Subarea has been characterized by underperforming
retail uses within the past decade and additional residential units would support
commercial properties within the area.
3. The requested GPA from PI to RM does not eliminate existing or future land uses
to the overall detriment of the community given the site's small size, location, and
surrounding uses. The site is developed with buildings designed for a religious
institution and the site does not provide adequate parking and is reliant upon off -
site and public street parking. Maintaining the site's PI land use designation
would maintain the existing religious institutional use, which is not considered a
traditional visitor — serving use, and maintain the inadequate parking arrangement.
The existing buildings would require extensive alterations to accommodate other
potential visitor - serving uses or other institutional uses under the existing PI land
use designation.
4. The requested GPA and resulting land use change is consistent with other
applicable land use policies of the General Plan. Consistent with General Plan
Policy 6.9.1 (Priority Uses) for Lido Village, the project site is located in an area
of Lido Village where multi - family uses are planned and encouraged. The size,
density and character of the proposed dwelling units complement the existing
land uses in the project area and include design elements consistent with Land
Use Element Policy 5.1.9 (Character and Quality of Multi - Family Residential) that
require multi - family dwellings to be designed to convey a high quality
architectural character. Consistent with General Plan Policy LU 6.2.1 (Residential
Supply), the provision of 23 townhomes on the site would help the City meet its
regional housing needs.
5. The requested CLUP amendment is necessary to maintain consistency with the
recommended GPA. The CLUP amendment is consistent with other applicable
policies of the CLUP related to land use, public access, and resource protection.
The project would not limit the potential to place coastal - development and
coastal - related land uses within Lido Village given the site's location and existing
adjacent and planned uses. The site is separated from Newport Bay by Via Lido
and private development and the majority of the site is designated for residential
use. The site is also separated from nearby commercial uses by public roadways
with the exception of the small commercial property to the north of the project
site. The site does not provide public access to the coast and development will
reduce demand for public parking with the elimination of the existing religious
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institutional use that does not provide off - street parking. The proposed Planned
Community (PC) Zoning would apply appropriate site and project specific
setbacks and height limits to the project site given the site's urban location and
all required parking is provided on -site. The site is fully developed and does not
support any natural resources and all potential environmental impacts associated
with the project are appropriately addressed through standard building permit
procedures and the mitigation measures identified in the Mitigated Negative
Declaration.
6. The requested Zoning Code Amendment to establish a Planned Community
Development Plan will provide appropriate land use regulations and development
standards ensuring that the project will meet the goals, objectives, and policies of
the General Plan, CLUP, and purpose of the PC district. Despite the requirement
that PC's be 10 acres to take advantage of larger -scale comprehensive planning,
the 1.2 -acre Lido Villas Planned Community provides for a coordinated and
comprehensive project establishing an urban standard more consistent with the
project's location within the larger commercial and mixed -use Lido Village area.
The Multiple -Unit Residential (RM) development standards reflect a suburban
standard and establishing urban standards through a Planned Community are
necessary in order to better integrate the proposed project with the surrounding
area. Larger scale, comprehensive planning for Lido Village has been
accomplished through the recently approved Lido Village Design Guidelines, and
thus, a waiver of the 10 acre area requirement for the establishment of a Planned
Community is appropriate for the proposed project under these circumstances.
7. The future development of the property affected by the proposed amendments
will be consistent with the goals and policies of the Land Use Element of the
General Plan and the Coastal Land Use Plan; and will be consistent with the
purpose and intent of the proposed Lido Villas Planned Community (PC) Zoning
District of the Newport Beach Municipal Code.
Site Development Review
A site development review is required for the construction of five or more residential
units processed in conjunction with a tentative tract map. The site development review
analyzes the project as a whole for compatibility with the site and surrounding land
uses. In accordance with Section 20.52.080 (Site Development Review) of the Zoning
Code, the following findings and facts in support of a site development review are set
forth:
Finding:
A. Allowed within the subject Zoning district,
Facts in Support of Finding:
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A -1. The proposed Site Development Review for a 23 -unit condominium project is
consistent with the proposed Lido Villas Planned Community that would allow 23
residential units.
Finding:
B. In compliance with all of the applicable criteria [below].
a. Compliance with this Section, the General Plan, this Zoning Code, any
applicable specific plan, and other applicable criteria and policies related
to the use or structure;
b. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent
development, and whether the relationship is based on standards of good
design;
C. The compatibility in terms of bulk, scale, and aesthetic treatment of
structures on the site and adjacent developments and public areas;
d. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;
e. The adequacy and efficiency of landscaping and open space areas and
the use of water efficient plant and irrigation materials; and
f The protection of significant views from public right(s) -of -way and
compliance with Section 20.30. 100 (Public View Protections); and
Facts in Support of Finding:
B -1. Refer to facts 1 through 7 under Required Findings, above that discuss the
project's consistency with the proposed Multiple -Unit Residential (RM) General
Plan land use designation, RM -D Coastal Land Use Plan category, and the Lido
Village Planned Community (PC) Zoning District.
B -2. The project has been designed as 23, 3 -story units within five building structures
and provides for effective private open space, light, and air for each unit. The
project is integrated as a unified development through the use of similar
architectural style and design elements, shared use of parking, and internal
pedestrian circulation.
B -3. Access to the site, on -site circulation, and parking areas are designed to provide
standard -sized parking spaces, 26- foot -wide, two -way driveways, and the
minimum vehicle turning radius to accommodate and provide safe access for
residents and guests (including the disabled), emergency vehicles, delivery
trucks, and refuse collections vehicles, as determined by the City Traffic
Engineer.
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B -4. The front setbacks along each street frontage are appropriate to support
pedestrian connectivity within Lido Village and each dwelling unit provides
separate and well- defined entries.
B -5. Mechanical equipment for the residential units have been located within
enclosures at the roof deck level to reduce noise impacts and the enclosures will
provide effective screening below the roof deck parapet level to minimize
aesthetic impacts.
B -6. The project has been designed to avoid conflicts among uses, such as noise,
vibration, lighting, odors, and similar impacts. A 6 -foot block wall provides a
buffer between the proposed residential units and the existing commercial units
to the north of the project site and is designed to maintain privacy and protection
for the residential tenants.
B -7. The height, bulk, and scale of the residential units are comparable to the existing
35- foot -high commercial building on -site at 3355 Via Lido. Each dwelling unit is
designed to provide variation and modulation between building units and along
the rooflines for visual interest. The front fagades include both vertical and
horizontal off -sets and utilize a variation of building materials to provide
enhanced visual relief. The massing of the project is broken up into five separate
buildings, which vary in size and placement throughout the project site breaking
up building massing.
B -8. The proposed project is consistent with the Lido Village Design Guidelines. The
proposed project combines coastal and modern architectural styles into the
residential project in a way that is conscious of coastal living lifestyles and
provides a modern loft style reminiscent of the historic coastal warehouses found
in adjacent Cannery Village. The residential units provide separate and well -
defined entries. All residential units are oriented toward adjacent streets to
maximize the pedestrian relationship of the development to the surrounding Lido
Village area. The greater setback of the lower level affords a covered porch and
the reduced setback at the second level creates a greater interface with the
adjacent rights -of -way to ensure compatibility with the pedestrian environment.
B -9. The proposed units are appropriate in relationship to existing and adjacent
development in the area. The unified design theme of the residential units
provides for an architectural pattern with the mixed -use structure at 3388 Via
Lido to the northeast and historic coastal warehouses located further to the south
in Cannery Village.
B -10. The units are oriented toward the adjacent right -of -way to support pedestrian
connections in the Lido Village Subarea. Walkways and egress are sufficient
throughout the site as reviewed by the Building Division and the City Traffic
Engineer.
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B -11. The project provides 46 residential parking spaces, and 12 residential guest
parking spaces, which can be provided entirely on -site. Each residential unit will
be afforded a private enclosed two -car garage with direct interior access to their
units. All guest parking spaces are provided in the surface parking areas.
B -12. The project would relocate three on- street parking spaces along Via Malaga,
resulting in no net change in the 30 total on- street parking spaces currently
provided.
B -13. The site design provides only two curb cuts with ingress and egress access from
Via Oporto and Via Malaga to minimize potential conflicts with use of the streets.
The project provides adequate sight distance at each driveway, as determined by
the City Traffic Engineer.
B -14. The parking area complies with the landscape parking lot requirements of NBMC
Sec. 20.40.070.D.3 (Development Standards for Parking Areas) and includes
adequate and effective use of ground cover, hedges, and shade trees.
Landscaping is provided throughout the site in areas that are not utilized by the
existing units or areas for parking circulation. All setback areas are landscaped.
A variation of ornamental groundcover, vines, shrubs, and trees are utilized to
help soften and buffer the massing of the condominium units.
B -15. New street trees will be provided along all three street frontages adjacent to Via
Lido, Via Malaga, and Via Oporto.
B -16. The project is subject to the City's Water- Efficient Landscape Ordinance
(Chapter 14.17 of NBMC) and compliance will be confirmed at plan check prior to
issuing building permits.
B -17. The proposed residential development provides a series of common outdoor
living areas that includes open plazas and landscaped seating areas between the
residential buildings. Additionally, a water feature is proposed at the corner of Via
Lido and Via Malaga. Each unit is afforded a covered porch area and
landscaping, private outdoor living space in the form of large balconies, and
private roof decks.
B -18. The site is visible from two key vantage points identified by the General Plan.
However, these vantage points are oriented toward water views of Newport Bay.
The urban view from these vantage points will not be changed significantly but
rather will be improved by replacement of an uninspiring commercial building with
a new modern coastal development. The portion of Via Lido, Via Oporto, and Via
Malaga, on which the project is located, are not designated as coastal view roads
and do not provide coastal views requiring public view protection.
Finding:
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C. The proposed development is not detrimental to the harmonious and orderly
growth of the City, or endanger jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or general welfare of persons
residing or working in the neighborhood of the proposed development.
Facts in Support of Finding:
C -1. The residential project has been designed to ensure that potential conflicts with
surrounding land uses are minimized to the extent possible to maintain a healthy
environment for both businesses and residents by limiting access points and
providing an architecturally pleasing project with articulation and building
modulations to enhance the urban environment consistent with the Lido Village
Design Guidelines.
C -2. The proposed surface parking lot has been designed to accommodate and
provide safe access for emergency vehicles, delivery trucks, and refuse
collections vehicles, as determined by the City Traffic Engineer. The size, design,
location, and screening of the refuse enclosures will comply with the
requirements of NBMC Sec. 20.30.120 (Solid Waste & Recyclable Materials
Storage) ensuring compatibility with the on -site and adjacent uses. Adequate
access to individual refuse containers would be provided through each individual
unit.
C -3. Noise and visual impacts with the adjacent commercial property to the north
would be minimized due to the 6 -foot block wall, and landscaping.
C -4. The project is subject to the City's Outdoor Lighting requirements contained
within Section 20.30.070 of the Zoning Code.
C -5. Roof -top mechanical equipment for each unit would be fully enclosed within an
equipment screen and would not be visible from the right -of -way.
C -6. The new construction will comply with all Building, Public Works, and Fire Codes.
All ordinances of the City and all conditions of approval will be complied with.
Tentative Tract Map
A tentative tract map is requested for residential condominium purposes, to create 23
condominium units. The map would also serve to consolidate six parcels and portions of
adjacent vacated alleys into one lot. In accordance with Section 19.12.070 (Required
Findings for Action on Tentative Maps) of the Newport Beach Municipal Code, the
following findings and facts in support of a tentative tract map are set forth:
Finding:
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A. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with the
applicable provisions of the Subdivision Map Act and the City Subdivision Code.
Facts in Support of Finding:
A -1. Refer to facts 1 through 4 under Required Findings, above, that discuss the
project's consistency with the proposed Multiple -Unit Residential (RM) General
Plan land use designation.
A -2. The Tentative Tract Map provides for the development of a cohesive planned
community with a pattern of building orientations and vehicle circulation that
provide a pedestrian - friendly environment with strong connectivity to adjacent
commercial and office areas.
A -3. The Public Works Department has reviewed the proposed tentative map and
found it consistent with the Newport Beach Subdivision Code (Title 19) and
applicable requirements of the Subdivision Map Act.
A -4. Conditions of approval have been included to ensure compliance with Title 19.
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
B -1. The site is relatively flat and based on the Geotechnical Engineering Services
Report prepared by Professional Service Industries, Inc. on August 24, 2012, the
site is safe and suitable for development. The site is located within the Orange
County coastal plain and underlain by Quaternary alluvial and fluvial sedimentary
deposits and the area of the subject site is considered seismically active.
Groundwater was measured at approximately 5feet below existing grade on -site.
The Geotechnical Report prepared for the project site indicates the near surface
soils have a very low expansion potential. The Geotechnical Report identified the
following issues that will affect the construction of the development: surface and
subsurface disturbance during clearing and demolition, shallow groundwater,
potentially liquefiable soils, and soft soil deposits which will require the use of a
deep foundation system. A deep foundation system is also recommended to
address the presence of soft compressible soils and the shallow water table of the
project site. The Geotechnical Report provides additional recommendations for
construction of the proposed project to ensure the suitability for the proposed
development that will be required for construction.
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B -2. The 1.2 acre site is large enough to accommodate 23 units while providing
sufficient landscape setback and open space areas as well as vehicle access and
guest parking areas that meet applicable standards. The existing developed site is
devoid of natural resources and it is located in an area that provides adequate
access to roadways and utilities.
B -3. The General Plan estimates that future traffic noise exposure will be 60 dB CNEL
to the nearest residential facades to Via Lido and identifies that residential uses
are clearly compatible or normally compatible with the 60 dB CNEL. With
appropriate noise control measures under conventional construction and design
of the proposed project (e.g., closed windows, fresh air supply systems or air
conditioning), the interior noise levels would comply with the City and State
interior noise standard of 45 dB CNEL for residential units.
Finding:
C. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure
fish or wildlife or their habitat. However, notwithstanding the foregoing, the
decision- making body may nevertheless approve such a subdivision if an
environmental impact report was prepared for the project and a finding was made
pursuant to Section 21081 of the California Environmental Quality Act that
specific economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
Facts in Support of Finding:
C -1. Under existing conditions, the project site and surrounding land areas are fully
developed with urban uses and do not contain sensitive biological resources. The
vegetation that occurs on -site is ornamental in nature, including trees and
ornamental shrubs, groundcover, and vines growing on the existing building's
facades and screen walls.
C -2. No drainages traverse the property and no potential jurisdictional waters or
wetlands areas are present on or immediately adjacent to the site.
C -3. A Mitigated Negative Declaration (MND) was prepared for the proposed project and
impacts to biological resources were not identified in the initial study analysis. Thus,
mitigation measures for biological resources are not required to ensure the
protection of fish, wildlife, or their habitat. On the basis of the entire environmental
review record, the proposed Project will have a less than significant impact upon
the environment with the incorporation of mitigation measures for air quality,
cultural resources, and hazards & hazardous materials. The mitigation measures
identified in the MND are feasible and reduce potential environmental impacts to
a less than significant level. The mitigation measures would be applied to the
Project through the Mitigation, Monitoring and Reporting Program.
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Finding:
D. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
Facts in Support of Finding:
D -1. At full build -out, the residential project will decrease Green House Gas ( "GHG ")
emissions when compared to existing uses, as documented in the MND.
D -2. Mitigation measures identified in the MND reduce potential impacts associated
with air quality, cultural resources, hazards & hazardous materials to a level that
is less than significant.
D -3. No evidence is known to exist that would indicate that the planned subdivision
pattern will generate any serious public health problems.
D-4. All construction for the project will comply with Building, Public Works, and Fire
Codes. Public improvements will be required of the developer per Section 19.28.10
of the Municipal Code and Section 66411 of the Subdivision Map Act. All
ordinances of the City and all Conditions of Approval will be complied with.
Findinq:
E. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision. In this connection, the decision- making
body may approve a map if it finds that alternate easements, for access or for
use, will be provided and that these easements will be substantially equivalent to
ones previously acquired by the public. This finding shall apply only to
easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to the City Council to
determine that the public at large has acquired easements for access through or
use of property within a subdivision.
Facts in Support of Finding:
E -1. Public improvements, consisting of retrofitted curb drains, roadway surfacing
along Via Malaga and Via Oporto, and ADA curb ramps along the Via Lido, Via
Malaga, and Via Oporto frontages will be required of the applicant per the
Municipal Code and the Subdivision Map Act. Each residential unit would be
required to provide separate sewer and water connections to a new main within
the project site that will connect to an existing main in Via Lido.
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E -2. Existing sewer and utilities easements on -site would be abandoned as part of the
tract map. The tract map will establish new emergency access easements and
utility easements to accommodate the location of new structures as part of the
development. The design of the development will not conflict with any easements
acquired by the public at large for access through or use of property within the
proposed development.
Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision
Map Act, if the land is subject to a contract entered into pursuant to the California
Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a
subdivision of the land would not be too small to sustain their agricultural use or
the subdivision will result in residential development incidental to the commercial
agricultural use of the land.
Facts in Support of Finding:
F -1. The project site does not contain prime farmland, unique farmland, or farmland of
statewide importance and no portion of the Project site is covered by a
Williamson Act contract.
Finding:
G. That, in the case of a "land project' as defined in Section 11000.5 of the
California Business and Professions Code: (a) there is an adopted specific plan
for the area to be included within the land project, and (b) the decision- making
body finds that the proposed land project is consistent with the specific plan for
the area.
Facts in Support of Finding:
G -1. The project site is not considered a "land project' as previously defined in Section
11000.5 of the California Business and Professions Code because the project
site does not contain 50 or more parcels of land nor is it located within the
boundaries of a specific plan.
Finding:
H. That solar access and passive heating and cooling design requirements have
been satisfied in accordance with Sections 66473.1 and 66475.3 of the
Subdivision Map Act.
Facts in Support of Finding:
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H -1. The proposed Tentative Tract Map and improvements are subject to Title 24 of
the California Building Code that requires new construction to meet minimum
heating and cooling efficiency standards depending on location and climate. The
Newport Beach Community Development Department enforces Title 24
compliance through the plan check and inspection process.
Finding:
1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map
Act and Section 65584 of the California Government Code regarding the City's
share of the regional housing need and that it balances the housing needs of the
region against the public service needs of the City's residents and available fiscal
and environmental resources.
Facts in Support of Finding:
1 -1. There are no existing dwelling units on the project site. Rather the proposed
project includes the construction of 23 new condominium units to contribute to
the City's share of the regional housing need, 7 units above what is planned for
within the General Plan. The applicant will be responsible for the payment of
appropriate fair share, housing in -lieu, and park for the development of these
new dwelling units as conditions of approval.
Finding:
J. That the discharge of waste from the proposed subdivision into the existing
sewer system will not result in a violation of existing requirements prescribed by
the Regional Water Quality Control Board.
Facts in Support of Finding:
J -1. A National Pollutant Discharge Elimination System ( NPDES) permit is required
from the Regional Water Quality Control Board (RWQCB) for the proposed
construction activities. A permit is required for all construction activities that include
clearing, grading, and /or excavation that disturb at least one acre of total land area.
Additionally, a Water Quality Management Plan (WQMP) has been prepared,
pursuant to the requirements of the NPDES permit.
J -2. Compliance with the NPDES permit and the Santa Ana River Basin Water
Quality Control Program involves the preparation and implementation of a
SWPPP for construction - related activities, which would specify the Best
Management Practices (BMP's) that the project would be required to implement
during construction activities to ensure that all potential pollutants of concern
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(including sediment) are prevented, minimized, and /or otherwise appropriately
treated prior to being discharged from the subject property.
J -3. Sewer connections have been conditioned to be installed per City Standards, the
applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the
latest revision of the Uniform Plumbing Code.
J -4. There is adequate sewer system capacity to serve the requirements of the
proposed Project. The proposed Project would be able to tie into the existing
sewer system without adversely affecting the system, causing any water quality
affects, or violating existing requirements prescribed by the Regional Water
Quality Control Board. Wastewater from the project will be generated by
residential build -out. There will be a reduction in wastewater from the site with
the demolition of the existing commercial building and construction of the
proposed dwelling units.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the
subdivision conforms with the certified Local Coastal Program and, where
applicable, with public access and recreation policies of Chapter Three of the
Coastal Act.
Facts in Support of Finding:
K -1. The project site is located within the Coastal Zone. The applicant is requesting a
Coastal Land Use Plan amendment for the parcel at 3303 Via Lido to
accommodate the proposed development. The land use amendment and
subsequent coastal development permit (CDP) requests will be reviewed by the
California Coastal Commission following City Council approval of the proposed
project.. The proposed RM -D land use category does not significantly reduce
opportunities for coastal - related, coastal- dependant, or visitor - serving land uses
in the Lido Village neighborhood. The project is consistent with the proposed
Multiple -Unit Residential (RM -D) Coastal Land Use Plan land use amendment for
3303 Via Lido. Coastal access is not inhibited as the project site is an inland
parcel and is not designated for present or future horizontal or lateral coastal
access.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission hereby recommends that the City Council of the City
of Newport Beach adopt Mitigated Negative Declaration No. ND2013 -001 as
depicted in Exhibit "A" and Mitigation Monitoring Report Program as depicted in
Exhibit "B" of this resolution.
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2. The Planning Commission hereby recommends that the City Council of the City
of Newport Beach approve General Plan Amendment No. GP2012 -005 as
depicted in Exhibit "C ", changing the land use designation of 3303 Via Lido from
Private Institutions (PI) to Multiple -Unit Residential (RM, 20 du /ac)
3. The Planning Commission hereby recommends that the City Council of the City
of Newport Beach approve Coastal Land Use Plan Amendment No. LC2013 -001
as depicted in Exhibit "D ", changing the land use designation from Private
Institutions (PI -B) to Multiple -Unit Residential (RM -D).
4. The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of Zoning Code Amendment No. CA2012 -008 as depicted in
Exhibit "E ", changing the Zoning designation of 3303 Via Lido from PI (Private
Institutions) to PC (Planned Community) and changing 3355 Via Lido from RM,
2178 (Multi -Unit Residential) to PC, waiving the 10 acre minimum PC area
requirement, and adopting the Lido Villas Planned Community Text as set forth in
Exhibit "E ".
5. The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of Site Development Review No. SR2013 -001 and Tentative Tract
Map No. NT2013 -001, subject to the conditions of approval set forth in Exhibit "F ".
PASSED, APPROVED AND ADOPTED THIS 22"O -5th DAY OF AI IGI ISTSEPTEMBER,
2013.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
I-.YA
Bradley Hillgren, Chairman
Kory Kramer, Secretary
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Exhibit "A"
Mitigated Negative Declaration
MIND SCH No. 2010071050
(Available separate due to bulk)
http://www.newportbeachca.gov/index.aspx?page=1347
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Exhibit "B"
Mitigation Monitoring Report Program
Tmplt: 05/16/2012
No
E❑ Mitigated Negative Declaration
6.0 Mitigation Monitoring and Reporting Program
6.0 Mitigation Monitoring and Reporting Program
Lido Villas Residential Development July 12, 2013
Lead Agency: City of Newport Beach Page 6 -1
Air Quality
Threshold 4: During
MM AQ -1 Prior to grading permit issuance, the City
Project Applicant,
Prior to grading
Less than Significant
construction of the proposed
shall verify that the following notes are
Construction Contractor
permit issuance,
Project, maximum daily
included on the grading plan. Project
/ City of Newport Beach
prior to
combined emissions for, PM,,
contractors shall be required to ensure
Building Division
commencement of
and PM,., emissions have the
compliance with the notes and permit
construction and
potential to exceed the LSTs
periodic inspection of the construction
during construction
before application of best
site by City of Newport Beach staff to
management practices and
confirm compliance. These notes also
mitigation measures.
shall be specified in bid documents issued
to perspective construction contractors.
The following notes shall be included on
the grading plan and in construction bid
documents to implement SCAQMD Rule
403:
• The construction contractor shall
ensure that all disturbed unpaved
roads and disturbed areas within the
Project site are watered at least
three (3) times daily during dry
weather. Watering, with complete
coverage of disturbed areas, shall
occur at least three (3) times a day,
preferably in the midmorning,
afternoon, and after work is done for
the day.
• The construction contractor shall
ensure that all construction vehicles
hauling earth materials or demolition
debris use covers on any material to
prevent the emission of dust during
material transport.
• Disturbed areas shall be replanted as
Lido Villas Residential Development July 12, 2013
Lead Agency: City of Newport Beach Page 6 -1
No
■❑ Mitigated Negative Declaration
6.0 Mitigation Monitoring and Reporting Program
THRESHOLD
.
soon as practical following grading, if
such areas will not immediately be
paved or covered with buildings.
• The contractor shall ensure that
traffic speeds on all unpaved surfaces
of the Project site are reduced to IS
miles per hour or less.
MM AQ -2 Prior to grading permit issuance, the City
Project Applicant,
Prior to grading
shall verify that a note is included on the
Construction Contractor
permit issuance,
grading plan requiring a sign be posted
/ City of Newport Beach
prior to
on -site that restricts the idling of diesel
Building Division
commencement of
engines to less than five minutes. The
construction and
sign shall be installed before construction
during construction
activities commence and remain in place
during the duration of construction
activities. Project contractors shall be
required to ensure compliance with idling
restriction and permit periodic inspection
of the construction site by City of
Newport Beach staff to confirm
compliance. The idling restriction also
shall be specified in bid documents issued
to prospective construction contractors.
Cultural Resources
Threshold 2: Although unlikely,
MM CR -1 Prior to the issuance of grading permits,
Project Applicant,
Prior to issuance of
Less than Significant
there is a remote possibility that
the City shall verify that the following
Construction Contractor
grading permits and
archaeological resources could
note is included on the grading plan(s).
and (if required) Project
during grading
be encountered during site
Archaeologist / City of
grading activities.
"if suspected archaeological resources are
Newport Beach Building
encountered during ground - disturbing
Division and Planning
construction activities, the construction
Division
contractor shall temporarily halt work in a
100 -foot radius around the find until a
qualified archaeologist can be called to the
site to assess the significance of the find,
Lido Villas Residential Development
Lead Agency: City of Newport Beach
July 12, 2013
Page 6 -2
No
■❑ Mitigated Negative Declaration
6.0 Mitigation Monitoring and Reporting Program
THRESHOLD
.
and, if necessary, develop appropriate
treatment measures in consultation with
the City of Newport Beach."
The grading contractor shall be
responsible for complying with the note.
If the archaeologist determines that the
find does not meet the CEQA standards
of cultural significance, construction shall
be permitted to proceed. However, if the
archaeologist determines that further
information is needed to evaluate
significance, the City of Newport Beach
shall be notified and a data recovery plan
shall be prepared in consultation with the
City, which may include the
implementation of a Phase II and /or III
archaeological investigation per City
guidelines. All significant cultural
resources recovered shall be
documented on California Department of
Parks and Recreation Site Forms to be
filed with the California Historical
Resources Information System South
Central Coastal Information Center
(CHRIS- SCCIC). The archaeologist shall
incorporate analysis and interpretation of
any significant find(s) into a final Phase IV
report that identifies the level of
significance pursuant to Public Resources
Code § 21083.2(G). The Project
Applicant, in consultation with the
archaeologist and the City, shall designate
repositories in the event that resources
are recovered.
Threshold 3: Although unlikely,
MM CR -2 Prior to the issuance of grading permits,
Project Applicant,
Prior to issuance of
Less than Significant
Lido Villas Residential Development
Lead Agency: City of Newport Beach
July 12, 2013
Page 6 -3
No
OF Mitigated Negative Declaration
6.0 Mitigation Monitoring and Reporting Program
Lido Villas Residential Development
Lead Agency: City of Newport Beach
July 12, 2013
Page 6 -4
OREM
there is a remote possibility that
the City shall verify that the following
Construction
grading permits and
paleontological resources could
note is included on the grading plan(s).
Contractor, and (if
during grading
be encountered during site
required) Project
grading activities.
"If suspected paleontological resources
Archaeologist / City of
(fossils) are encountered during ground-
Newport Beach Building
disturbing construction activities, the
Division and Planning
construction contractor shall temporarily
Division
halt ground - disturbing activities within 100
feet of the find until a qualified
paleontologist can be called to the site to
assess the significance of the find, and, if
necessary, develop appropriate treatment
measures in consultation with the City of
Newport Beach."
The grading contractor shall be
responsible for complying with the note.
At the paleontologist's discretion, the
construction contractor may assist in
removing rock samples for initial
processing. If the paleontologist
determines that the find is not unique,
construction shall be permitted to
proceed. However, if the paleontologist
determines that further information is
needed to evaluate significance, the City
of Newport Beach shall be notified and a
treatment plan shall be prepared and
implemented in consultation with the
City to protect the identified
paleontological resource(s) from damage
and destruction.
Hazards /Hazardous Materials
Threshold I and 2: The existing
MM HM -1 The City of Newport Beach shall
Project Applicant,
Prior to issuance of
Less than Significant
buildings on the site that would
condition all demolition permits to
Construction
demolition permits
be demolished as part of the
comply with South Coast Air Quality
Contractor, Asbestos-
and during
Lido Villas Residential Development
Lead Agency: City of Newport Beach
July 12, 2013
Page 6 -4
No
OF Mitigated Negative Declaration
6.0 Mitigation Monitoring and Reporting Program
Lido Villas Residential Development
Lead Agency: City of Newport Beach
July 12, 2013
Page 6 -5
OREM
Project contain friable asbestos
Management District (SCAQMD) Rule
abatement Contractor /
demolition
materials and materials coated
1403 with respect to asbestos containing
City of Newport Beach
with lead -based paint, both of
materials and the demolition contractor
Building Division
which have the potential to
shall be required to comply with Rule
expose construction workers
403. All asbestos - related work
and /or nearby sensitive
conducted during the demolition process
receptors to health risks during
shall be performed by a licensed
demolition activities. Asbestos -
Asbestos- abatement Contractor under
containing materials and
the supervision of a certified Asbestos
materials containing lead -based
Consultant. Asbestos- containing
paints have the potential to
construction materials (ACCMs) shall be
create a significant hazard to the
removed and disposed of in compliance
public or the environment.
with notification and asbestos - removal
procedures outlined in SCAQMD Rule
1403 to reduce asbestos - related health
risks. During demolition, the demolition
contractor shall maintain all records of
compliance with Rule 1403, including, but
not limited to, the following: evidence of
notification of SCAQMD pursuant to
Rule 1403; contact information for the
Asbestos - abatement Contractor and
Asbestos Consultant; and receipts (or
other evidence) of off -site disposal of all
ACCMs. These records shall be made
available for City inspection upon
request.
MM HM -2 The City of Newport Beach shall
Project Applicant,
Prior to issuance of
condition all demolition permits to
Construction
demolition permits
comply with Title 17, California Code of
Contractor, and
and during
Regulations (CCR), Division 1, Chapter 8
Certified Lead
demolition
(LBP Regulations), which addresses
Supervisor / City of
requirements for the removal of
Newport Beach Building
components painted with lead -based
Division
paint (LBP) during demolition of existing
Lido Villas Residential Development
Lead Agency: City of Newport Beach
July 12, 2013
Page 6 -5
No
■❑ Mitigated Negative Declaration
6.0 Mitigation Monitoring and Reporting Program
THRESHOLD
.
structures. The demolition contractor
shall be required to comply with these
provisions. Notification to the California
Department of Public Health (CDPH)
shall be conducted through completion
of an Abatement of Lead Hazards
Notification, CDPH Form 8551. The
removal of all LBP materials shall be
conducted:
• By a Certified Lead Supervisor or
Certified Lead Works, as defined by
§§ 35008 and 35009 of the LBP
Regulations, respectively;
• In accordance with the procedures
specified in Chapter 12: Abatement,
"Guidelines for the Evaluation and
Control of Lead -Based Paint Hazards
in Housing," U.S. Department of
Housing and Urban Development,
June 1995;
• Using containment and in a manner
which does not result in
contamination of non -work areas
with lead- contaminated dust, lead -
contaminated soil, or lead -based
paint debris; and
• In accordance with an abatement
plan prepared by a certified lead
supervisor, certified lead project
monitor, or certified lead project
designer, which includes all of the
requirements as specified in §
36100(4)(A) of the LBP Regulations
The Certified Lead Supervisor
Lido Villas Residential Development
Lead Agency: City of Newport Beach
July 12, 2013
Page 6 -6
No
■❑ Mitigated Negative Declaration
6.0 Mitigation Monitoring and Reporting Program
THRESHOLD
.
conducting abatement shall retain
records of the notification to the CDPH,
and shall retain a copy of the abatement
plan on -site at all times during demolition
activities. The notification and
abatement plan shall be made available to
the City upon request for review. All
demolition activities shall be subject to
inspection by the CDPH and /or City
officials to ensure compliance with the
requirements of the LBP Regulations and
abatement plan. Following completion of
all abatement activities, a clearance
inspection shall be conducted by a
certified lead inspector /assessor or
certified lead project monitor in
accordance with §§ 36000(a) and
36000(c)(3) of Title 17, CCR, Division I,
Chapter 8. A copy of the results of the
clearance inspection shall be provided to
the City Planning Division upon
completion of abatement and inspection
activities.
Lido Villas Residential Development
Lead Agency: City of Newport Beach
July 12, 2013
Page 6 -7
Planning Commission Resolution No. # # ##
Paqe 19 of 33
Exhibit "C"
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Exhibit "D"
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Paqe 21 of 33
Exhibit "E"
Zoning Map Amendment
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Lido Villas Planned Community Text
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Planning Commission Resolution No. ####
Paqe 22 of 33
EXHIBIT "F"
CONDITIONS OF APPROVAL
Site Development Review Conditions
1. The development shall be in substantial conformance with the approved site plan,
floor plans, materials board, and building elevations stamped and dated with the
date of this approval. (Except as modified by these conditions of approval.)
2. This approval shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.54.060 (Time Limits and Extensions) of the
Newport Beach Municipal Code, unless an extension is otherwise granted.
3. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner, or the ie26iRg —age ## llin
broker.
4. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
5. The applicant shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use may be cause for
revocation of this Use Permit.
6. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for
the new dwelling units (currently $2,359.00 per new additional dwelling unit) in
accordance with Chapter 15.38 of the Newport Beach Municipal Code. The
applicant shall be credited for the reduction in commercial square footage and the
remaining balance shall be charged or credited to the applicant.
7. Prior to issuance of building permits, approval from the California Coastal
Commission shall be required for the Coastal Land Use Plan Amendment and
Coastal Development Permit for the development of 23 residential dwelling units.
8. The applicant shall comply with all project design features, mitigation measures,
and standard conditions contained within the approved mitigation monitoring
reporting program (MMRP) of MIND SCH No. 2010071050 for the project.
9. Development of the project shall comply with the development standards and
requirements of the Lido Villas Planned Community Development Plan and be in
substantial conformance with the approved Tentative Tract Map No. 174555 dated
May 16, 2013.
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Planning Commission Resolution No. ####
Paqe 23 of 33
10. The floor plans and building envelopes for each residential unit are approved as
precise plans, unless revisions are approved by the Community Development
Director. Future floor area additions to the building envelopes shall be prohibited.
The proposed open patio and deck areas for each unit shall not be permitted to
be enclosed and the landscape and common open space areas proposed
throughout the development site shall be preserved.
11. A total of 46 enclosed garage parking spaces and 12 ground level guest parking
spaces shall be provided within the as illustrated on the approved plans.
12. Prior to the issuance of building permits, the project plans shall provide an 8 -foot
2 -inch minimum clearance below the second story overhangs above the interior
drive aisles. Note that Van Accessible height requirements shall be met within
the drive aisles. The plans shall identify the width of the drive aisle around the
site that is unconstrained (i.e. open to the sky).
13. Prior to the issuance of building permits, documents /plans shall be submitted
demonstrating compliance with the requirements of Chapter 14.17 (Water -
Efficient Landscaping Ordinance) of the Municipal Code. Plans shall incorporate
drought tolerant plantings and water efficient irrigation practices, and the plans
shall be approved by the Planning Division and the Municipal Operations
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.
14. All landscape materials and irrigation systems 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.
15. Prior to the final of building permits, the applicant shall schedule an inspection by
the Planning Division to confirm that all landscaping was installed in accordance
with the approved landscape plan
16. Prior to the issuance of building permits, a National Pollutant Discharge Elimination
System (NPDES) permit shall be obtained from the Regional Water Quality Control
Board (RWQCB) for the proposed construction activities.
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Planning Commission Resolution No. ####
Paqe 24 of 33
17. 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 shall visit the location, investigate,
inform and notice the responsible party, and, as appropriate, cite the responsible
party and /or shut off the irrigation water.
18. Water should not be used to clean paved surfaces such as sidewalks, driveways,
parking areas, etc. except to alleviate immediate safety or sanitation hazards
19. Prior to the issuance of building permits, the applicant shall prepare a
photometric study in conjunction with a final lighting plan for approval by the
Planning Division. The survey shall show that lighting values are one - foot - candle
or less at all property lines. Higher lighting levels are subject to the review and
approval of the Community Development Director where it can be shown to be in
compliance with the purpose and intent of the Outdoor Lighting section of the
Zoning Code.
20. The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if
in the opinion of the Community Development Director, the illumination creates
an unacceptable negative impact on surrounding land uses or environmental
resources. The Community Development Director may order the dimming of light
sources or other remediation upon finding that the site is excessively illuminated.
21. All mechanical appurtenances (e.g. air conditioning, heating ducts and exhaust
vents, swimming pool and spa pumps and filters, transformers, utility vaults and
emergency power generators) shall be screened from public view and adjacent
land uses. All rooftop equipment shall be architecturally treated or screened from
off -site views in a manner compatible with the building materials prior to final
building permit clearance for each new or remodeled building. The mechanical
appurtenances shall be subject to sound rating in accordance with the Section
10.26.025 (Exterior Noise Standards) of the Newport Beach Municipal Code.
Rooftop screening and enclosures shall not exceed 35 feet 4 inches above the
existing grade.
22. All trash shall be stored within the buildings for residential uses and screened
from view of neighboring properties, except when placed for pick -up by refuse
collection agencies.
23. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 (Community Noise Control) and other applicable noise control
requirements of the Newport Beach Municipal Code. The maximum noise shall
be limited to no more than depicted below for the specified time periods unless
the ambient noise level is higher:
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Planning Commission Resolution No. ####
Paqe 25 of 33
24. Construction activities shall comply with Section 10.28.040 (Construction Activity -
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours
of noise - generating construction activities that produce noise to between the
hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00
p.m. on Saturday. Noise - generating construction activities are not allowed on
Sundays or Holidays.
25. Storage outside of buildings in any parking areas, landscape areas, or setback
areas shall be prohibited.
26. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
27. A copy of these conditions of approval shall be incorporated into the Building
Division and field sets of plans prior to issuance of the building permits.
28. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the
Planning Division.
29. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
30. 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 kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of the
Lido Villas including, but not limited to, General Plan Amendment No. GP2013 -005,
Coastal Land Use Plan Amendment No. LC2013 -001. Zonina Code Amendment
No. CA2012 -008, Site Development Review No. SD2013 -001 Tract Map No.
NT2013 -001, and Mitigated Negative Declaration No. ND2013 -001 (PA2013 -146).
This indemnification shall include, but not be limited to, damages awarded against
Tmplt: 0 511 612 01 2
Between the hours of 7:OOAM
and 10:OOPM
Between the hours of
10:00PM and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial ropert
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
24. Construction activities shall comply with Section 10.28.040 (Construction Activity -
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours
of noise - generating construction activities that produce noise to between the
hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00
p.m. on Saturday. Noise - generating construction activities are not allowed on
Sundays or Holidays.
25. Storage outside of buildings in any parking areas, landscape areas, or setback
areas shall be prohibited.
26. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
27. A copy of these conditions of approval shall be incorporated into the Building
Division and field sets of plans prior to issuance of the building permits.
28. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the
Planning Division.
29. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
30. 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 kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of the
Lido Villas including, but not limited to, General Plan Amendment No. GP2013 -005,
Coastal Land Use Plan Amendment No. LC2013 -001. Zonina Code Amendment
No. CA2012 -008, Site Development Review No. SD2013 -001 Tract Map No.
NT2013 -001, and Mitigated Negative Declaration No. ND2013 -001 (PA2013 -146).
This indemnification shall include, but not be limited to, damages awarded against
Tmplt: 0 511 612 01 2
Planning Commission Resolution No. ####
Paqe 26 of 33
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.
Fire Department Conditions
31. Emergency access will be required for the project which will include the drive
aisle which runs through the middle of the project. A site plan must be submitted
with the architectural drawings which indicate the proposed emergency access
roadway. The roadway should also include locations of existing and proposed fire
hydrants, and how the fire lane will be marked, "No Parking Fire lane ". Please
refer to Newport Beach Guideline C.01 and C.02 for fire lane requirements and
approved marking of fire lane.
32. Automatic fire sprinklers shall be required for all new construction. The sprinkler
system shall be monitored by a UL certified alarm service company. A sprinkler
system NFPA 13R is proposed. Each unit will have its individual riser.
33. Fire Department connections are required to be located within 150 feet of a
public hydrant.
34. Smoke detectors are required and are to be located as per the California Building
Code.
Building Division Conditions
35. The applicant is required to obtain all applicable permits from the City's Building
Division and Fire Department. The construction plans must comply with the most
recent, City- adopted version of the California Building Code. The construction plans
must meet all applicable State Disabilities Access requirements.
36. Prior to the issuance of building permits, a minimum of three ADA units shall be
provided with one ADA unit for each type of unit.
37. Prior to the issuance of building permits, accessible parking shall be provided
within the common parking area.
38. Prior to the issuance of building permits, an accessible route from the public
sidewalk, street, public transportation, parking and passenger loading shall be
clearly identified, and accessible parking shall be shown on the final approved
site plan. Accessible signage shall be clearly noted on the plan check submittal.
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Planning Commission Resolution No. ####
Paqe 27 of 33
39. Prior to the issuance of building permits, a 3 -foot landing shall be provided on
each side of the upper level door serving the roof deck.
40. Egress from the roof deck shall comply with the applicable code. The floor area
of the roof deck shall be included for the purpose of egress analysis.
41. Prior to the issuance of building permits, mechanical units shall comply with
sound rating requirements.
42. Spa weight shall be considered in the lateral loading for the building. Where the
railing is less than 3 feet from edge of roof deck, the railing shall be 42 inches
above the spa edge.
43. The applicant shall employ the following best available control measures
( "BACMs ") to reduce construction - related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt
deposits on any public roadway.
• Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90 -day low -NOx tune -ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
Off -Site Impacts
• Encourage car pooling for construction workers.
• Limit lane closures to off -peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off -site.
• Sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day
to ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content
in the top 6 -inch surface layer, subject to review /discretion of the
geotechnical engineer.
44. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for
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Planning Commission Resolution No. ####
Paqe 28 of 33
Construction Activities shall be prepared, submitted to the State Water Quality
Control Board for approval and made part of the construction program. The
project applicant will provide the City with a copy of the NOI and their application
check as proof of filing with the State Water Quality Control Board. This plan will
detail measures and practices that will be in effect during construction to
minimize the project's impact on water quality.
45. Prior to issuance of grading permits, the applicant shall prepare and submit a
Water Quality Management Plan (WQMP) for the proposed project, subject to the
approval of the Building Division and Code and Water Quality Enforcement
Division. The WQMP shall provide appropriate Best Management Practices
(BMPs) to ensure that no violations of water quality standards or waste discharge
requirements occur.
46. A list of "good house - keeping" practices will be incorporated into the long -term
post- construction operation of the site to minimize the likelihood that pollutants
will be used, stored or spilled on the site that could impair water quality. These
may include frequent parking area vacuum truck sweeping, removal of wastes or
spills, limited use of harmful fertilizers or pesticides, and the diversion of storm
water away from potential sources of pollution (e.g., trash receptacles and
parking structures). The Stage 2 WQMP shall list and describe all structural and
non - structural BMPs. In addition, the WQMP must also identify the entity
responsible for the long -term inspection, maintenance, and funding for all
structural (and if applicable Treatment Control) BMPs.
Tract Map Conditions
47. Prior to recordation of the tract map+"^ ;°°„°^^^ of Park Fees
shall be paid for the 23 new dwelling units (currently $26,125.00 per unit) in
accordance with City Council Resolution No. 2007 -30.
Prior to f"^ °° ^ ^ ^° of b 4d ^^ ^ ^" 'f °recordation of the tract map, an In -Lieu
Housing fee for 23 new dwelling units (currently $26,359.00 per new additiena4
dwelling unit) shall be paid in accordance with City Council Resolution No. 2010 -44.
49. A parcel map shall be recorded. The Map shall be prepared on the California
coordinate system (NAVD88). Prior to recordation of the Map, the
surveyor /engineer preparing the Map shall submit to the County Surveyor and
the City of Newport Beach a digital - graphic file of said map in a manner
described in Section 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 of Newport Beach shall comply with the City's CADD
standards. Scanned images will not be accepted.
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Planning Commission Resolution No. ####
Paqe 29 of 33
50. Prior to recordation of the parcel map, the surveyor /engineer preparing the map
shall tie the boundary of the map 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
Corner unless otherwise approved by the Subdivision Engineer. Monuments
shall be protected in place if installed prior to completion of construction project.
51. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
52. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk
panels, curb and gutter along the Via Oporto, Via Malaga, and Via Lido
frontages.
53. All existing drainage facilities in the public right -of -way, including the existing curb
drains along Via Oporto, Via Malaga, and Via Lido frontage shall be retrofitted to
comply with the City's on -site non -storm runoff retention requirements.
54. Via Malaga and Via Oporto are part of the City's Moratorium List. Work
performed on said roadways will require additional surfacing requirements. See
City Standard 105- L -F.TR.
55. All existing private, non - standard improvements within the public right -of -way
and /or extensions of private, non - standard improvements into the public right -of-
way fronting the development site shall be removed.
56. Each unit shall be served by its individual water meter and sewer lateral and
cleanout. Each water meter and sewer cleanouts hall be installed with a traffic -
grade box and cover. Water meter and the sewer cleanout shall be located within
the public right -of -way or public utilities easement.
57. An encroachment permit is required for all work activities within the public right -
of -way.
58. All improvements shall comply with the City's sight distance requirement. See
City Standard 110 -L and Municipal Code 20.30.130. Proposed accent palm
landscaping at the corner of Via Malaga and Via Oporto does not meet STD -110-
L.
59. In case of damage done to public improvements surrounding the development
site by the private construction, additional reconstruction within the public right -
of -way could be required at the discretion of the Public Works Inspector.
60. All on -site drainage shall comply with the latest City Water Quality requirements.
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Planning Commission Resolution No. #####
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61. The new public utilities easement shall be aligned with the corner of the units'
overhang to allow water meters to be as close to the unit and out of large
vehicular traffic. Each sewer lateral shall have a corresponding sewer cleanout
per STD - 406 -L. Sewer cleanouts and water meters shall be placed along the
edge and within the utilities easement.
62. AMR (Automated Meter Reading) water meters shall be installed at owner's cost.
63. Project shall maintain a looped system through the project site. The water line
shall connect to the 6 -inch main Via Malaga.
64. Service lines shall be a minimum of 10 inches and City does not permit half sized
lines.
65. Irrigation and meter fire service, if proposed, shall be protected by a City
approved backflow assembly.
66. Lampholes shall be installed at all main line dead ends.
67. All unused sewer laterals shall be capped at property line.
68. All unused water services shall be capped at main (corporation stop).
69. No trees shall be planted within public utilities easement.
70. Water and sewer mains shall have a minimum separation of 10 feet.
71. Water services and sewer laterals shall have a minimum separation of 5 feet.
72. A total of 30 on- street parking spaces shall be maintained around the project site.
To maintain the existing number of parking spaces, relocation of the existing fire
hydrant on Via Malaga is necessary, as well as, shifting the three parking spaces
near the corner of Via Malaga toward Via Lido.
73. The relocation of the project driveway on Via Oporto will require a street light
relocation. Install a new street light per City Standard. New street lights shall
match the existing street lights in the surrounding area.
74. Remove all non - standard improvements within the public right -of -way (i.e. non-
standard sidewalks and brick paving). Reconstruct the improvements per City
Standard.
75. Edison vents along Via Malaga shall be relocated as part of the proposed project.
One vent is located within the project's proposed driveway.
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Planning Commission Resolution No. #####
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76. ADA compliant sidewalks are required around the proposed project. In
constrained areas (i.e. meter posts, street lights, Edison vents, fire hydrants,
proposed planter boxes, curb ramps, etc.), pedestrian easements may be
required to accommodate ADA path of travel (4- foot -wide minimum).
77. Any non - standard improvements within the easement areas requires an
Encroachment Agreement with the City.
78. Construct a new ADA curb ramp at the corners of Via Malaga/Via Lido and Via
Malaga/Via Oporto per City Standard STD - 181 -L. An easement for sidewalk
purposes may be required to accommodate an ADA compliant curb ramp at the
Via Malaga/Via Oporto intersection.
79. Tree types and sizes shall be clearly identified on plans.
80. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
81. No building permits may be issued until the appeal period has expired, unless
otherwise approved by the Planning Division. Building permits for structures
located across the existing property lines shall not be issued until the tract map
has been recorded.
82. Subsequent to recordation of the Tract Map, the applicant shall apply for a
building permit for description change of the subject project development from
"duplex" to "condominium." The development will not be condominiums until
this permit is finaled. The building permit for the new construction shall not be
finaled until after recordation of the Tract Map.
83. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the
Newport Beach Municipal Code, approved street numbers or addresses shall be
placed on all new and existing buildings in such a location that is plainly visible
and legible from the street or road fronting the subject property. Said numbers
shall be of non - combustible materials, shall contrast with the background, and
shall be either internally or externally illuminated to be visible at night. Numbers
shall be no less than 4 inches in height with a one - inch -wide stroke. The
Planning Department Plan Check designee shall verify the installation of the
approved street number or addresses during the plan check process for the new
or remodeled structure.
84. Tentative Tract Map No. 17555 shall expire 24 months from the date of approval
pursuant to NBMC Chapter 19.16.010, unless an extension is otherwise granted by
the City for the period of time provided for in the Development Agreement pursuant
to the provisions of California Government Code Section 66452.6(a).
Tmplt: 0 511 612 01 2
Planning Commission Resolution No. ####
Paqe 32 of 33
85. New development within the project site shall be subject to the state - mandated
school fees and Santa Ana Unified School District Measure G and C general
obligation taxes based upon assessed value of the residential and commercial
uses.
86. Prior to Final Map approval. the applicant shall submit draft Covenants
Conditions and Restrictions (CC &Rs) that are prepared by an authorized
professional for review and approval by the Director of Community Development
and City Attorney, which will be recorded concurrently with the Final Map, and
which will generally provide for the following:
a. Creation of a Master Association, and /or Sub - associations, for the
purpose of providing for control over and long term maintenance at the
expense of the Master Association and /or Sub - associations of the
common area improvements. A provision shall be included that internal
project circulation areas, sidewalks, paths, drive aisles, common
landscape areas and irrigation, community walls and fencing, sewer
laterals, water laterals, common utilities not maintained by the utility
provider, and drainage facilities are private and shall be maintained by,
and at the expense of the Master Association unless otherwise approved
by the Director of Public Works.
b. A provision that the architecture and exterior building materials of the
dwelling units shall maintain a quality, color, and type consistent with the
original project approval.
c. A provision that residents shall park only operable vehicles within the
parking garage that are in active use (i.e. no long term storage of
vehicles).
d. A provision that all homeowners and residents will be provided, prior to
purchase closing or upon signing of rental agreement, the information and
requirements for water conservation pursuant to NBMC Chapter 14.16,
Water Conservation and Supply Level Regulations.
e. A provision that all appropriate written notifications shall be provided to all
initial and subsequent buyers, lessees, and renters within the Lido Villas
protect notifying them that the area is subject to noise from existing land
uses, traffic on Via Lido, and construction within the project and
surrounding areas, and as a result, residents and occupants of buildings
may experience inconvenience, annoyance, or discomfort arising from
noise.
f. Information to be provided to future residents that uses and structures are
subject to the requirements of the approved Lido Villas Planned
Community Development Plan.
Tmplt: 0 511 612 01 2
Planning Commission Resolution No. ####
Paqe 33 of 33
g. Provisions that the following recordation of the Final Map, the Association
formed for the subdivision shall submit to the Community Development
director a list of all current Officers of the Association after each election.
h. A provision requiring that proposed amendments to the CC &Rs shall be
submitted for review to the Community Development Director or designee,
and shall be approved by the city Attorney prior to the amendments being
valid.
a-i. A provision that the City is a third -party beneficiary to the CC &R's and has
the right, but not the obligation, to enforce any of the provisions of the
CC &Rs.
Tmplt: 0 511 612 01 2
Attachment No. PC 2
Revised Draft Planned Community
Development Plan
LIDO VILLAS
Planned Community Development Plan
Date: May 16, 2013
Ordinance No. 2013-
Adopted
TABLE OF CONTENTS
1.0 Introduction and Purpose ................................................ ............................... 3
2.0 General Conditions and Regulations ............................... ............................... 4
3.0 Land Use and Development Regulations ........................ ............................... 8
3.1 Lido Villas ............................................................. ............................... 8
1. Number of Units ......................................... ............................... 8
2. Development Standards ............................. ............................... 8
a. Lot Area ............................................... ............................... 8
b. Building Area ........................................ ............................... 8
c. Building Height ..................................... ............................... 8
d. Building Setbacks ................................. ............................... 8
e. Parking ....................... ............................... 9
3.2 Signs ..................................................................... ............................... 9
A. Sign Allowance & Standards ........................... ............................... 9
4.0 Site Development Review ............................................... ...............................
10
4.1
Purpose ................................................................ ...............................
10
4.2
Application ............................................................ ...............................
10
4.3
Findings ................................................................ ...............................
10
4.4
Contents ............................................................... ...............................
11
4.5
Public Hearing — Required Notice ......................... ...............................
11
4.6
Expiration and Revocation Site Plan Review Approvals ......................
12
4.7
Fees ...................................................................... ...............................
12
LIST OF EXHIBITS
Exhibit Name Exhibit Number
ConceptualSite Plan ............................................................ ............................... A
2
1.0 INTRODUCTION AND PURPOSE
The Lido Villas Planned Community Development Plan (P) is composed of 23 single
family residential townhomes, totaling 63,592 square feet. It is located on the site across
from the current City Hall building and bounded by Via Lido, Via Oporto and Via Malaga.
The vision laid out in the City's Lido Village Concept Plan is that this parcel is to be part
of a vibrant gateway village in the heart of the peninsula. The PCDP has been
developed in accordance with the Newport Beach General Plan and is consistent with
the Local Coastal Land Use Plan.
The purpose of this PCDP is to provide for the classification and development of
coordinated, cohesive, comprehensive planning project with 23 single -unit residential
townhomes called Lido Villas.
Whenever the regulations contained in the PCDP conflict with the regulations of the
Newport Beach Municipal Code, the regulations contained in the PCDP shall take
precedence. The Newport Beach Municipal Code shall regulate all development within
the PCDP when such regulations are not provided within the PCDP Regulations.
3
2.0 GENERAL CONDITIONS AND REGULATIONS
1. Archaeological /Paleontological Resources
Development of the site is subject to the provisions of City Council Policies K -4 and K -5
regarding archaeological and paleontological resources.
2. Architectural Design
All development shall be designed with high quality architectural standards and shall be
compatible with the surrounding uses. The development should be well- designed with
coordinated, cohesive architecture and exhibiting a high level of architectural and
landscape quality in keeping with the PCDP's prominent location on the Balboa
Peninsula. Massing offsets, variation of roof lines, varied textures, openings, recesses,
and design accents on all building elevations shall be provided to enhance the
architectural style. Architectural treatments for all ancillary facilities shall be provided.
The residential dwelling units shall maintain an architectural theme consistent with a
Modern interpretation of Coastal architectural themes, drawing inspiration from yachts in
the adjacent Newport Harbor and coastal warehouses found within Lido Village.
Buildings shall incorporate a mix of high quality building materials including stained
cedar panels, concrete composite panels in cool white or gray colors, and glass
guardrails incorporating wooden handrails or a striped glazing pattern.
3. Building Codes
Construction shall comply with applicable provisions of the California Building Code and
the various other mechanical, electrical and plumbing codes related thereto as adopted
by the Newport Beach Municipal Code.
4. Flood Protection
Development of the subject property will be undertaken in accordance with the flood
protection policies of the City.
5. Grading and Erosion Control
Grading and erosion control measures shall be carried out in accordance with the
provisions of the Newport Beach Excavation and Grading Code and shall be subject to
permits issued by the Community Development Department.
0
6. Gross Floor Area
Gross floor area shall be defined as the total area of a building including the
surrounding exterior walls.
7. Height and Grade
The current site design for the proposed project includes 23 townhome units with flat
roof and heights that vary between 31 feet 10 inches (top of roof and roof deck), 35` -4"
(top of guardrail) and 39' (top of architectural feature and stairwell to the roof), 350 SF of
area for the Harbor Unit and 200 SF of area for the Island Unit) measured from existing
grade shown on the topographic survey prior to development of the site.
The architectural feature allows for a varied and interesting roofline as well as providing
access and privacy to the outdoor living areas on the roof. The height of any structure
within the PCDP shall not exceed thirty nine (39) feet, unless otherwise specified. The
height of a structure shall be the vertical distance between the highest point of the
structure and the grade directly below.
8. Landscaping /Irrigation
Landscaping and irrigation shall be provided in all areas not devoted to structures,
parking lots, driveways, walkways, private patios, and common area patios to enhance
the appearance of the development, reduce heat and glare, control soil erosion,
conserve water, screen adjacent land uses, and preserve the integrity of PCDP.
Landscaping and irrigation shall consist of a combination of trees, shrubs, groundcover
and hardscape improvements. Landscaping shall be prepared in accordance with the
Landscaping Standards and Water- Efficient Landscaping Sections of the Newport
Beach Municipal Code and installed in accordance with the approved landscape plans
prepared by a licensed landscape architect.
8. Fences and Walls
Fences, hedges and walls shall be in accordance with the Newport Beach Municipal
Code Property Development Standards. Such elements shall not exceed forty -two (42)
inches in height within the front setback. Where a nonresidential zoning district abuts a
residential zoning district, a solid masonry wall a minimum of six (6) feet in height shall
be required per the Newport Beach Municipal Code Property Development Standards
Section 20.30.040.
5
9. Lighting — Outdoor
All new outdoor lighting shall be designed, shielded, aimed, located and maintained to
shield adjacent uses /properties and to not produce glare onto adjacent uses /properties.
Lighting plans shall be prepared in compliance with the Outdoor Lighting Section of the
Newport Beach Municipal Code and shall be prepared by a licensed electrical
engineer. All lighting and lighting fixtures that are provided shall be maintained in
accordance with the approved lighting plans.
11. Lighting — Parking & Walkways
All lighting and lighting fixtures that are provided shall be maintained in accordance with
the approved lighting plans. Light standards within parking lots shall be the minimum
height required to effectively illuminate the parking area and eliminate spillover of light
and glare onto adjoining uses /properties and roadways.
Parking lots and walkways accessing buildings shall be illuminated with a minimum of
0.5 foot - candle average on the driving or walking surface. Lighting plans shall be
prepared in compliance with the Outdoor Lighting Section of the Newport Beach
Municipal Code and shall be prepared by a licensed electrical engineer.
If the applicant wishes to deviate from this lighting standard, a lighting plan may be
prepared by the applicant and submitted to the Community Development Director for
review and approval.
12. Parking Areas
Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping
areas of the parking lots shall be kept free of dust, graffiti, and litter. All components of
the parking areas including striping, paving, wheel stops, walls, and light standards of
the parking lots shall be permanently maintained in good working condition. Access,
location, parking space and lot dimensions, and parking lot improvements shall be in
compliance with the Development Standards for Parking Areas Section of the Newport
Beach Municipal Code.
13. Sewage Disposal
Sewage disposal service facilities for the PCDP will be provided by the City of Newport
Beach and shall be subject to applicable regulations, permits and fees as prescribed by
the City.
2
14. Screening of Mechanical Equipment
All new mechanical appurtenances (e.g., air conditioning, heating, ventilation ducts and
exhaust vents, swimming pool and spa pumps and filters, transformers, utility vaults and
emergency power generators) shall be screened from public view and adjacent land
uses. The enclosure design shall be approved by the Community Development
Department. All rooftop equipment (other than vents, wind turbines, etc.) shall be
architecturally treated or screened from off -site views in a manner compatible with the
building materials prior to final building permit clearance for each new or remodeled
building. The mechanical appurtenances shall be subject to sound rating in accordance
with the Exterior Noise Standards Section of the Newport Beach Municipal Code.
Rooftop screening and enclosures shall be a maximum of 35' -4 "feet above finished
grade in accordance with the Height and Grade definition of Section 2.0 General
Conditions and Regulations of the PCDP.
15. Temporary Structures and Uses
Temporary structures and uses, including modular buildings for construction - related
activities are permitted.
16. Trash Container Storage for Residential Dwellings
Trash container storage shall be located within each individual dwelling unit in a
designated storage area. Trash collection will occur along the interior driveway of the
Lido Villas property and will be provided by the City of Newport Beach. Each unit will
place their trash along the edge of the interior driveway for collection.
17. Water Service
Water service to the PCDP will be provided by the City of Newport Beach and will be
subject to applicable regulations, permits and fees as prescribed by the City.
7
3.0 LAND USE AND DEVELOPMENT REGULATIONS
3.1. LIDO VILLAS
Refer to Exhibit A - Conceptual Site Plan for the general location and placement
of the townhomes.
Number of Units
The maximum allowable number of single - family residential units shall be twenty
three (23) at a density of 20 dwelling units/ gross acre.
2. Permitted Uses
a. Condominiums
b. Recreation facilities ancillary to residential uses
c_s ccessory structures and uses
d. Short-term lodging
e. Adult day care, small (6 or fewer)
f. Child day care, small (8 or fewer)
g. Animal keeping per Section 20.48.040 (Animal - Keeping) of the Zoning
Code
G, h. Personal property sales per Section 20.48.150 (Outdoor Storage,
Display, and Activities) of the Zoning Code
Conditionally Permitted Uses
a. Large Adult Day Care -7 to 14 per Section 20.48.070 (Day Care
Facilities -Adult and Child) with a Minor Use Permit
b. Large Child Care -9 to 14 per Section 20.48.070 (Dav Care Facilities -
Adult and Child) with a Minor Use Permit
c. Parking Facility
d. Utilities, maior (CUP)
Conditionally Permitted Uses (Hearing Officer)
a. Day Care, General
0
Prohibited Uses
Land uses that are not listed above are not allowed, except as provided by
Chapter 20.12 (Interpretation of Zoninq Code Provisions) of the Zoning
Code.
Temporary Uses
Temporary uses may be allowed only upon the approval of a limited term
permit per Section 20.52.040 (Limited Term Permits) of the Zoning Code.
d. TeleeennmunRea�eilltes
3. Development Standards
The following development standards shall apply to the townhomes:
a. Lot Area
The minimum lot size shall be 1 acre.
b. Floor Area per Unit
2,400 sq ft minimum
3,200 sq ft maximum
c. Building Area
The maximum allowable gross floor area for the Lido Villas townhomes
shall be 63,600 square feet consistent with original project approval.
d. Building Height
The maximum allowable building height for the townhomes shall be 31
feet 10 inches, measured in accordance with the Height and Grade
definition of Section 2.0 General Conditions and Regulations of the
PCDP.
Exceptions to Building Height
Deck railings may exceed the building height limit and shall not exceed
35 feet 4 inches in height, measured in accordance with the Height and
Grade definition of Section 2.0 General Conditions and Regulations of
the PCDP. Roof deck railings shall consist of transparent materials
such as glass or frosted glass. Accessory structures on the roof deck
0
shall not be permitted to exceed 35' 4 ", measured in accordance with
the Height and Grade definition of Section 2.0 General Conditions and
Regulations of the PCDP.
Architectural projections up to 39 feet shall be allowed for an
architectural feature encompassing a vaulted ceiling and stairwell in
accordance with the Height and Grade definition of Section 2.0
General Conditions and Regulations of the PCDP. Harbor Units shall
be limited to a maximum of 350 SF for this architectural projection and
Island Units shall be limited to a maximum of 200 SF of area for this
architectural projection up to 39 feet in height.
e. Building Setbacks
Via Lido -front
• 9 feet, first floor
4 feet 5 inches, second floor
Via Malaga -front
• 7 feet 3 inches, first floor
6 feet 6 inches second floor
Via Oporto -front
• 6 feet, first floor
3 feet, second floor
Interior property line to the north
5 feet
f. Parkin
Two (2) enclosed private parking spaces shall be provided for each
unit. '/z uncovered guest parking space shall be provided per unit for a
total of 12 guest parking spaces. Each garage shall provide minimum
clear interior dimensions of 17 feet 6 inches and shall be accessible to
vehicles.
All parking spaces shall be maintained clear of obstructions for the
parking of vehicles at all times. Vehicle parking and maneuvering areas
shall be restricted to the operation, maneuvering and parking of operable
vehicles and shall not be used for storage of any kind including the long-
term storage of vehicles not in regular use.
10
g. Open Space
Common Open Space: 1,725 sq. ft. of common open space shall be
provided for the community at a rate of 75 sq. ft. per dwelling unit) with
a minimum dimension of 15 feet.
Private Open Space: 5 percent of the gross floor area shall be
provided as private open space with a minimum width dimension of 6 -ft
h. Landscaping
Minimum Landscape Requirements
• Landscaping shall incorporate current street tree species along Via
Lido (Gold Medallion Tree, Cassia Leptophylla), Via Malaga (Gold
Medallion Tree, Cassia Leptophylla) and Via Oporto (Water Gum,
Tristania Laurina).
• 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 City Traffic Engineer.
• All landscape materials and irrigation systems shall be maintained
in accordance with the approved landscape and irrigation plans.
• 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.
• Landscape planting and irrigation plans and specifications shall be
submitted by the applicant for review and approval by the Building
Division or Planning Division prior to the issuance of a building
permit.
Site landscaping will be in accordance with Chapter 20.36
(Landscaping Standards) of the Zoning Code and Chapter 14.17
(Water- Efficient Landscaping) of the Newport Beach Municipal Code.
Plants shall be adapted to the coastal climate of Newport Beach and
appropriate to the specific soil, topographic, and sun /shade conditions
of the project site. Drought - tolerant plants shall be used to the
maximum extent practicable. Plant species having comparable water
requirements shall be grouped together for efficient use of irrigation
water. All plant materials shall conform to or exceed the plant quality
11
standards of the latest edition of American Standard for Nursery Stock
published by the American Association of Nurserymen, or the
equivalent. Plant selection shall be harmonious to the character of the
project and surrounding projects and shall not be listed as an invasive
species by the California Invasive Plant Council.
i. Irrigation Guidelines
An irrigation system shall be installed and shall incorporate appropriate
locations, numbers, and types of sprinkler heads and emitters to
provide appropriate amounts of water to all plant materials. Application
rates and spray patterns shall be consistent with the varying watering
requirements of different plant groupings.
Irrigation systems and controls shall include technology that minimizes
over watering by either: (a) directly measuring soil moisture levels,
plant types, and soil types and adjusting irrigation accordingly; or, (b)
receiving weather information on a least a daily basis via satellite or
similar transmission and adjusting irrigation accordingly. The irrigation
system shall be designed so as to prevent over - watering and minimize
overspray and runoff onto streets, sidewalks, driveways, buildings,
fences, and windows consistent with water conservation and pollution
run -off control objectives.
j. Lighting
Outdoor lighting standards will be in accordance with Section
20.30.070 (Outdoor Lighting) of the Zoning Code. Lighting of building
interior common areas, exteriors and parking areas shall be developed
in accordance with City Standards and shall be designed and
maintained in a manner which minimized impacts on adjacent land
uses. Nighttime lighting shall be limited to that necessary for security.
The plans for lighting shall be prepared and signed by a licensed
electrical engineer and shall be subject to review and approval of the
Community Development Director or their designee.
k. Mechanical Equipment
Mechanical equipment shall not exceed 35 feet 4 inches in height and
shall comply with Section 20.30.020 (Buffering and Screening) of the
Zoning Code). All mechanical appurtenances on building roof tops and
utility vaults shall be screened in a manner meeting the approval of the
Director of Planning or their designee.
12
I. Telephone. Gas and Electrical Service
All `on site" gas lines, electrical lines and telephone lines shall be
placed underground. Transformer or terminal equipment shall be
visually screened from view from streets and adjacent properties.
m. Grading
Grading of the development area shall be conducted and undertaken
in a manner both consistent with applicable grading manual, standards
and ordinances of the City of Newport Beach and in accordance with a
grading plan approved by the City of Newport Beach Building Division.
n. Outdoor Storage
The exterior of the units shall be maintained in accordance with
Section 10.50.020 (Nuisance) of the City of Newport Beach Municipal
Code.
3.2 Signs
A. Sign Allowance & Standards
If three or more signs are proposed for the development, a sign
program for the Lido Villas Planned Community shall be submitted
for review and approved by the City of Newport Beach Community
Development Director or their designee. Sign allowance and
standards will be in accordance with Chapter 20.42 (Sign
Standards) of the Zoning Code.
13
4.0 SITE DEVELOPMENT REVIEW
4.1. Purpose
The purpose of the Site Development Review process is to ensure new development
proposals within the Lido Villas Planned Community Development are consistent with
the goals and policies of the General Plan, the Lido Village Design Guidelines, and
provisions of this Planned Community Development Plan,
nd the fiRdiRgG set fn.+h hplaw in uh sprtion A 4
4.2 Application
Prior to the issuance of building permits for the proposed project, a site development
review shall be required for the Lido Villas Planned Community development in
accordance with the applicability, application materials, application fees, review
authority, public notice and hearing procedures, findings and decision, minor changes
by Director, and expiration and post- decision procedures set forth in Section 20.52.080
(Site Development Reviews) of the Zoning Code.
14
EXHIBIT A
_ v
VIA MALAGA
D
15
R
9�
Ml SITE AN
PL
:ITE PL -
Attachment No. PC 3
Draft Planning Commission Minutes
NEWPORT BEACH PLANNING COMMISSION MINUTES 8/22/2013
Commissioner Kramer commented on a prior case under similar circumstances at 407 East Balboa
Boulevard.
Mr. Zdeba noted that the property was considered prior to the adoption of the new Zoning Code and
commented on the specific circumstances considered at the time. He further clarified that the modification
permit granted under the old Zoning Code to 407 East Balboa Boulevard allowed an addition consistent with
what is allowed by right in the new Zoning Code.
Commissioner Kramer commented on other physical features of the property.
Commissioner Ameri expressed sympathy for the applicant but felt that there are ways to reach the
applicant's intent without having to demolish the property. He addressed the Planning Commission's limit to
authority in terms of the ability change the Code. He expressed concerns with setting a precedent.
Commissioner Myers commented on the need to revise the resolution and continue the matter.
Assistant City Attorney Leonie Mulvihill reported that if the intent of the Co ion is to consider a
resolution for approval, it could be approved at this time if sufficient informationIM ided to have staff
develop a resolution for approval.
The maker of the motion would need to articulate tfie findings.
Commissioner Kramer indicated he cannot support the findings and will vote against the motion.
Chair Hillgren stated that he cannot support the findings, noted that the code allows for expansion of the
property but expressed concerns with the proposal to have the structure built to the front setback line. He
indicated support for the applicant's efforts to improve the property but stressed the need to comply with the
code.
Motion made by Commissioner Myers and seconded by Commissioner Brown and failed (2 — 5), to deny
adoption of Resolution No. 1918 denying Variance No. VA2013 -002 and support issuance of the variance
based on the fact that unique circumstances and conditions exist on the property and that strict compliance
with the Zoning Code would deprive the subject property of privileges enjoyed by other properties in the
vicinity and the granting of a variance is necessary for the preservation and enjoyment of the property rights
of the applicant and will not constitute special privilege or be inconsistent with zoning and will not be
detrimental to the neighborhood. Facts in support would be that the property has been in existence for
seventy -three (73) years. Special circumstances would include that the property was built prior to significant
zoning changes, is currently well- maintained and that compliance with the Zoning Code would constitute an
economic hardship for the homeowners.
AYES: Brown and Myers
NOES: Amen, Hillgren, Kramer, Lawler, and Tucker
Motion made by Vice Chair Tucker and seconded by Commissioner Kramer and carried (5 — 2), to adopt
Resolution No. 1918 denying Variance No. VA2013 -002.
AYES: Ameri, Hillgren, Kramer, Lawler, and Tucker
NOES: Brown and Myers
ITEM NO. 4 LIDO VILLAS (PA2012 -146)
Site Location: 3303 and 3355 Via Lido
Assistant Planner, Makana Nova, presented details of the staff report addressing location, description of the
project, General Plan, Coastal Land Use Plan, and Zoning Code amendments, Site Development Review,
Tentative Tract Map, and Mitigated Negative Declaration. She addressed surrounding properties, properties
associated with the project site, abandoned alley running through the property, existing conditions, parking,
existing structures, density, and additional units. She reported details of the proposed amendments and
noted that the appropriate tribal consultation notices had been distributed. She noted that the Coastal
Page 4 of 11
NEWPORT BEACH PLANNING COMMISSION MINUTES 8/22/2013
Commission has commented on the proposed land -use changes and loss of parking opportunities. Ms.
Nova addressed development standards, the goals of the planned community, the site plan, number of
proposed units, access, on -site parking, impacts to on- street parking, and reduction in traffic trips by the
proposed changes in land uses. She addressed standard setbacks, proposed project- specific setbacks,
elevations, limits to structure heights, architectural elements, and noted that the project is subject to the Lido
Village Design Guidelines.
Ms. Nova emphasized the goals of the Lido Village Design Guidelines relative to compatibility to surrounding
land uses, architectural theme, and the use of high - quality building materials. She addressed open space
areas, common areas, landscaping, easements, emergency access, required improvements as part of the
tract map approval, and the public comment period related to the Mitigated Negative Declaration. She listed
the public comments received from other agencies and residents and referenced the mitigation monitoring
program relative to air quality, cultural resources, and management of hazardous materials during demolition
and construction. She presented findings and recommendations to continue the item to the Planning
Commission meeting of September 5, 2013.
Vice Chair Tucker asked for a plan indicating which materials will be used on elevations and commented on
the Design Guidelines.
Principal Planner Jim Campbell reported that the Design Guidelines were reviewed by a Citizens Advisory
Panel and were adopted by resolution by the City Council. He added that the Planning Commission would
determine if the project is consistent with the Design Guidelines. PV W
Assistant City Attorney Mulvihill added that the Design Guidelines are meant to represent, conceptually, what
the design in the area should look like. They are guidelines for the Planning Commission to consider
whether the area conforms to those guidelines.
Vice Chair Tucker commented on the Conditions of Approval and inquired regarding landscaping versus
hardscaping.
Ms. Nova commented on spaces that have been identified as common areas and that there is a requirement
to provide landscaping wherever possible adding that a lot of the interior hardscape will be used for vehicle
circulation.
Vice Chair Tucker felt that the plan lacks landscaping near the areas where units are located. He wondered
regarding whether anyone is able to buy the units or whether it would be for people with ambulatory
disabilities.
Ms. Nova reported they are not exclusive to persons with disabilities.
In reply to Chair Hillgren's inquiry regarding a requirement for ADA compliant units, Ms. Nova responded in
the affirmative and reported that the Building Division is charged with ensuring compliance with ADA
requirements at plan check. She also addressed park and housing in -lieu fees, clarified that the fee is
charged on a per unit basis, and that the fee will be required prior to recordation of the tract map.
Assistant City Attorney Mulvihill reported that this procedure is standard practice.
Ms. Nova noted that it is not the City's standard practice to review CC &Rs but that conditions could be added
similarly to what is being proposed under the Uptown project.
Vice Chair Tucker felt that language should be added allowing the City an opportunity to enforce the CC &Rs.
He referenced the PC text and a provision requiring a six -foot block wall between the commercial property
and this property.
Ms. Nova reported that a six -foot block wall is proposed for the project and noted it is typical and required per
the Zoning Code.
Page 5 of 11
NEWPORT BEACH PLANNING COMMISSION MINUTES 8/22/2013
Vice Chair Tucker referenced a list of permitted and prohibited uses with the PC text and suggested
eliminating reference to the prohibited uses or inserting language that prohibited uses are all of those uses
not listed in the permitted uses. He addressed parking requirements and suggested adding language that
garages be used for cars rather than storage. He reiterated the request for a list and example of the
materials to be used.
Commissioner Kramer commented that this is not the first time the Commission has asked for a materials
board and felt that it should be a standard practice as part of the application process.
Ms. W isneski stated that material boards are available for this project.
Discussion followed regarding encouraging development in similar areas, being careful that what the
Planning Commission approves is what the project will look like, tht a'` of the wood siding to be used,
and including appropriate provisions within the CC &Rs.
Commissioner Brown referenced a letter from Robert
requested comments regarding the validity of his points.
Guidelines and
Mr. Campbell reported receiving the letter this afternoon and noted that staff has not had a chance to review
it. He agreed with Mr. Hawkins regarding the guidelines not being enforceable regulations and addressed
the need to be consistent with the guidelines and compatible with the area. He requested an opportunity to
review the matter further and return to the Planning Commission at the September 5, 2013, meeting. He
reported that the 423 analysis is not an environmental issue but relates to requiring a vote of the electorate
and is a procedural issue.
Vice Chair Tucker commented on the analysis and addressed the units requiring a General Plan amendment
and those already authorized for residential. He noted that Charter Section 423 deals with density and
effects on traffic. He encouraged staff to respond to the letter.
Commissioner Brown expressed concerns with parking and agreed with Vice Chair Tucker's
recommendation regarding including language that garages be used for cars rather than storage.
Commissioner Kramer indicated support for the application but expressed concerns regarding the quality of
the architectural design.'
Ms. Nova indicated that the matter can be expanded upon within the PC text and that architectural design
and building maintenance would be regulated under the CC &Rs.
Commissioner Kramer felt it would be appropriate to add detail within the PC text regarding architectural
design requirements.
Ms. Nova reported that the project conforms to the Lido Village Design Guidelines, overall. She agreed that
the issue merits additional consideration and discussion.
Deputy Community Development Director Wisneski added that design issues can be further discussed and
addressed at the September 5th Planning Commission meeting.
Discussion followed regarding relocation of the existing church.
Commissioner Ameri expressed concerns regarding guest parking.
Vice Chair Tucker referenced the Coastal Section of the Design Guidelines and highlighted pictures
illustrating some of the concepts.
Chair Hillgren reported on a similar project by the developer that can be seen in order to obtain a sense of
the materials to be used. He addressed the importance of setbacks and height limitations.
Page 6 of 11
NEWPORT BEACH PLANNING COMMISSION MINUTES 8/22/2013
Ms. Nova reported on the establishment of setbacks on all streets facing frontages and addressed
differences in first- and second -floor setbacks and future improvement of adjacent rights -of -ways for
pedestrian uses. She added that trees on street - facing frontages will be replaced with new street trees and
reported the heights of existing and proposed structures.
Mr. Campbell commented on the various heights and impacts to surrounding areas.
Motion made by Vice Chair Tucker and seconded by Commissioner Brown and carried (7 — 0) to continue the
matter to the Planning Commission meeting of September 5, 2013.
AYES: Ameri, Brown, Hillgren, Kramer, Lawler, Myers, and
NOES: None
ITEM NO. 5 HOUSING ELEMENT UPDATE (PA2012 -104)
Site Location: 100 Civic Center Dr., Newport Beach
Assistant Planner Melinda Whelan presented details of the final draft of the Housing Element and noted it is
the only element within the General Plan that requires review by the State the Department of Housing and
Community Development (HCD) which has specific guidelines and requirements. She addressed the goals
and purpose of the Housing Element and presented background and previous review of the matter as well as
consideration and action by Council. She highlighted the changes recommended by Council relative to the
removal of the Inclusionary Housing Program. Ms. Whelan addressed findings and presented
recommendations as listed in the report.
Discussion followed regarding applicability of the in -lieu affordable housing fee and options available to
Council regarding the matter.
Interested parties were invited to address the Planning Commission on this item.
Jim Mosher commented on the removal of the in -lieu affordable housing fee and streamlining the process
with HCD. He referenced a conference call and changes made and felt that the changes are not specified in
the report and should be included in Council packets. He addressed a CEQA finding within the resolution
and suggested including addressing a finding of some kind.
There being no others wishing to address the Planning Commission, Chair Hillgren closed the public hearing.
Motion made by Vice Chair Tucker and seconded by Commissioner Brown and carried (7 — 0) to adopt a
resolution recommending adoption of the 2014 -2021 Housing Element Update to the City Council.
AYES: Ameri, Brown, Hillgren, Kramer, Lawler, Myers, and Tucker
NOES: None
ITEM NO. 3 UPTOWN NEWPORT MSDR (PA2013 -129)
Site Location: 4311 -4321 Jamboree Road
Commissioner Lawler reported a business interest with a property located near the subject property and
recused himself from hearing the aforementioned time and requested being excused for the remainder of the
meeting. Commissioner Lawler's request was granted and he departed the chambers at this time.
Associate Planner Rosalinh Ung presented details of the report and addressed approved entitlements for the
project, identification of a two -phase process, the purpose of the Master Site Development Review, and
compliance with zoning documents. She addressed architectural focal points at each end of the entry drive
at the Fairchild intersection and recommendations that the Planning Commission review these for
compliance with applicable provisions. She referenced written comments received from Jim Mosher and
noted that the Zoning Administrator recently approved a Tentative Parcel Map to subdivide the existing two
(2) parcels into four (4) parcels. She noted that no development for improvements are proposed as part of
Page 7 of 11
Attachment No. PC 4
Public Comment Letters
TIME RECEIVED REMOTE CSID
AUpust 22, 2013 2:48:53 PM PDT 9496501181
DURATION PAGES STATUS
105 4 Received
Law offices of Robert C. Hawkins
110 Newport Center Drive, Suite 200
Newport Boach, California 92660
(949)650.5550
Fax: (949) 650 -1181
FAX COVER SHEET
TRANSMITTED TO:
NAME
FAX NUMBER
PHONE NUMBER
Kimberly Brandt; Makana Nova
(949) 644 -3229
Leilani Brown, City Clerk
(949) 644 -3039
From: Robert C. Hawkins
Client/Matter; Friends
Date: August 22, 2013
Documents: Comments on Lido Villas MND
Pages: 3 *
COMMENTS: Original will follow as indicated.
The infor•nuhton conlained in this facstmile message is irformatinn protected by attorney- clieni and/or the attorney /work
product privilege. hi is intended only for the use ofthe individual named above and the in ivileges are not waived by virtue of
this having been sent by f esimlle If the person actually r•eeeiving this facsimile or any other evader of the facsimile is not the
named recipient ar the en ?pioyee or agent responsible to deliver it to the named realplent, any use, dissemination, dislribinron.
or copying of the consnunicallon is striclly prohrbiled. Ifyou have received thts conrrnunication in error, phrase immediately
notes as by telephone and return the original message to us at the above address via U.S. Postal. Service.
*NOT COUN fING COVER 811EET, IF YOU DO NOT RECEIVEALL PAVES, PLEASE TELEPHONE US
IMMEDIATELY AT (949) 650 -5550.
08/22/2013 1:45PM FAX 9498501181 HAWKIHS LAW OFFICES @ 0002/0004
LAW OFFICES OF Rom-,RT C. HAWKINS
August 22, 2013
Via Facsimile Only
Michael L. Toerge, Chair
Members of the Planning Commission
c/o Makana Nova, Assistant Planner
Department of Community Development
City of Newport Beach
100 Civic Center Drive, Area "C"
Newport Beach, California 42660
Re:
Greetings:
Thank you for the opportunity to comment on the captioned matter. This firm represents
Friends of Dolores, a community action group dedicated . to ensuring compliance with state and
local laws including the California Environmental Quality Act, Public Resources Code sections
21000 et seq., Friends of City Hall, a community action group dedicated the preservation of the
"City Hall" area for civic purposes, and others in the City in connection with the captioned
matter.
Although we have not had an opportunity to comment on the captioned DMND and plan
to offer extensive comments at any subsequent hearing, we offer these initial comments on an
important matter ignored in the DMND and misunderstood in the Staff Report: the Section 423,
Greenlight initiative, requires a vote for the captioned project.
The California Environmental Quality Act, ( "CEQA "), Public Resources Code sections
21083 and 21083.5 requires that environmental analysis include an analysis of the Project's
cumulative impacts. however, the MND contains no such analysis. Importantly, it fails to
analysis the pending City Ilull Re -use Project.
More importantly, the MND contains no analysis of the Greenlight requirements of the
City's Charter. Section 423 requires:
14 Corporate Plan, Suite 120
Newport Beach, California 92660
(949) 650.5550
Fm (949) 650.1181
06/22/2013 1:45PM FAX 8496501181 HAWKINS LAW OFFICES
Michael LToerge, Chair
Members of the Planning Commisslan • 2
"Charter Section 423 requires an analysis of the density, intensity, and
peak hour traffic associated with a proposed General Plan Amendment
( "GPAU When increases in density, intensity, and peak hour traffic of a
proposed GPA 11 along with 80 percent of the increases of prior
amendments exceed specified thresholds, the proposed GPA is
considered to be a "major amendment" that requires voter approval. The
specified thresholds are 100 dwelling units (density), 40, 000 square feet
of floor area (intensity), and 100 peak hour trips (traffic), City Council
Policy A -18 establishes the Guidelines for implementation of City Charter
Section 423 and provides specific guidance as to the density, intensity
and traffic thresholds for the analysts."
1x0003/0004
A112USt 22, 2013
City Hall Reuse, Negative Declaration, page 112 -113 (Emphasis in original). The Negative
Declaration and supporting Staff Reports recognized that the City Hall Reuse Project which
includes 99 residential units would take all units and square footage under Section 423.
Therefore, the City Hall Reuse environmental document and supporting staff reports recognize
that the Project requires a vote.
The Staff Report attempts to include a Section 423 analysis but it fails to consider the
City Hall Reuse Negative Declaration. This Commission heard and recommended approval of
the City Hall Reuse MND but the City Council continued the matter "indefinitely" The City
Hall Reuse Negative Declaration remains the only environmental analysis for the City Hall Reuse
Project, which includes 99 dwelling units.
Staff may argue that the Council has decided not to move forward with the residential
project and therefore the above is inapplicable. However, this is in error. As indicated above,
the only environmental analysis of the City Hall Reuse Project remains the Negative Declaration.
The City has not withdrawn that document or issued a Notice regarding any proposed alternative
project. Hence, under the current sets ol'Project, the captioned Project will require a vote under
Section 423.
The MND must be revised to include analysis of the Section 423 problems.
In addition, the MND refers to the Lido Village Village Design Guidelines. However,
these Guidelines are not regulatory and have not regulatory effect. Nonetheless, the MND still
regards them as regulatory and relies on the Guidelines to show that the Project will have no
impacts. The MND mast be revised to include an analysis of the environmental impacts for the
compliance with such non regulatory Guidelines.
In conclusion, the MND is totally inadequate. Good and sound policy reasons and good
planning require the preparation of an EIR. Such an EIR would analyze all impacts including
Section 423 and those caused by compliance with any guidelines, and any other impacts, would
include a discussion of Project alternatives which is necessary for the Project to go forward, and
would allow the City to override any significant an unmitigated impacts.
14 Gorporace Plaza, Suite 120
Newport Beach, California 92G60
(949) 6505550
Fas: (949) 650,1181
08!2212013 1 :48PM FAX 8496501181 HAWKINS LAW OFFICES 1a0004 /0004
Michael L'Foerge, Clair
Members of the Plpnning Commission .3- August 22, ?013
Thank you, again, for the opportunity to comment on the FMND. Please provide us with
notice of any responses to these comments in a non - italicized format and with notices of any and
all hearings on the captioned project and fmnd.
RCII/kw
Of course, should you have any questions, please do not hesitate to contact me.
Sincerely,
cc; Leilani Brown, City Clerk (Via Facsimile Only)
14 Corporate Plaza, Suite 120
Newport Beach, CalifomLa 92660
(949) 650.5550
Fax; (949) 650.1181
August 22, 2013 Planning Commission agenda comments - Jim Mosher Page 2 of 2
Item No. 4 Lido Villas (PA2012 -146)
1. I am pleased to see (under "Additional Materials Received" on the meeting page) that the
project architect is asking for a continuance of this hearing to September 5, since I, too,
have not had time to adequately review the large volume of material related to this project,
and noticed a number of typographical errors, inconsistencies and questionable statements
in the part I did review.
2. At this point, although it may seem a small point, I am particularly concerned about the
statements regarding the circulation period for the Mitigated Negative Declaration (page 22
of the staff report, and Section 2.2 of the proposed Resolution of Approval).
a. Although the unofficial Planning Case Log says (under the 07/15/2013 entry)
"REVIEW PERIOD ENDS AUGUST 14, 2013," and although the staff report and
resolution say the review period ended August 13, as far as I know the public
never saw anything other than a statement that comments had to be received by
5:00 pm on Monday, August 12. That was, and remains, the due date shown on
the Notice of Intent (both on -line and enclosed with the MND copies in the City
libraries), as well as the due date announced in the initial City "News Splash"
which, to the best of my knowledge, was never revised.
b. I am particularly sensitive to the lack of any public notification of an extension to
August 13 (or 14 ? ?), if that occurred, since written comments on the August 13
City Council agenda items were also due at 5:00 pm on August 12, and I had to
choose between one or the other. Had I known of the extension, I might well
have submitted comments on August 13 (or 14 ? ?).
c. I am also concerned about whether the Office of Planning and Research
comment period was legally required to run 30 days. If so, and if it started on
July 15 as the staff report says, then the August 13 end date cited in the staff
report and resolution would be one day short, since the start date is not counted
under California law. For a full 30 day review, an August 14 end date would have
been required as indicated in the Case Log, but apparently nowhere else. The
public may have been given a due date two days short of the true one.
3. My other primary concern at this point is whether the 35 -foot Shoreline Height Limitation has
become a flexible guideline, as the staff report and resolution suggest it has. Obviously
Coastal Commission staff believes the Coastal Commission understood it to be a hard and
definite limit.
Attachment No. PC 5
Materials Board
HARBOR UNIT
ISLAND UNIT
EX -02 CLEAR ANNODIZED ALUMINUM
FINISH
EX -01 SWISSPEARL ONYX 7099
WD -01 STAINED CEDAR
P -01 WHITE PAINTED WOOD SLATS
GL -01 VIRACON VE1 -85 GLAZING
GL -02 FRIT GLAZING WITH WHITE FRIT
STRIPE PATTERN
WD -01 STAINED CEDAR
EX -04 SWISSPEARL AGATE 7219
EX -02 CLEAR ANNODIZED ALUMINUM
FINISH
GL -01 VIRACON VE1 -85 GLAZING
EX -03 WOOD HANDRAIL
WD -01 STAINED CEDAR
L, 1191 %
GL-01
r ar
r surf
sna
� b
%A UDO
Wi 1q'
oEEN rW 1MA
Attachment No. PC 6
Detailed Elevations
HARBOR
UNIT
ISLAND
UNIT
CLEAR GLASS GUARDRAIL WITH
MAHOGANY HANDRAIL
WHITE SWISS PEARL PANELS
CLEAR ANNODIZED ALUMINUM
WINDOW FRAMES WITH CLEAR
GLAZING
FRITTED GLASS GUARDRAIL
CEDAR SIDING WITH DARK WOOD STAIN
CLEAR GLASS GUARDRAIL WITH
MAHOGANY HANDRAIL
GRAY SWISS PEARL PANELS
CLEAR ANNODIZED ALUMINUM
WINDOW FRAMES WITH CLEAR
GLAZING
CLEAR GLASS GUARDRAIL WITH
MAHOGANY HANDRAIL
CEDAR SCREEN WITH DARK
WOOD STAIN
1 SHUBIN DONALDSON 4RCHITECTS INC
PLANNED COMMUNITY DEVELOPMENT PLAN
EXTERIOR MATERIALS
SHEET No. D -19 #1230 3355 + 3303 VIA LIDO
Attachment No. PC 7
Calculation of Hardscape and Landscape
Areas
L
20 \
I' O
-
c n
ADA ADA
16 15 14 13
I
I i Ir
a i �e, I -LLLL� VIA MAL�
DOG RUN AREA
�r
LANDSCAPE DIAGRAM
SCALE: V = 40' -0"
SHUBIN DONALDSON - ?CHITFCTS INC.
PLANNED COMMUNITY DEVELOPMENT PLAN
N D -20 crm DCHIBII
SITE AREA
BUILDING FOOTPRINT:
21,184 SF
LANDSCAPE AREA:
8,526 SF
HARDSCAPE AREA:
22,389 SF
TOTAL AREA:
52,099 SF
�r
LANDSCAPE DIAGRAM
SCALE: V = 40' -0"
SHUBIN DONALDSON - ?CHITFCTS INC.
PLANNED COMMUNITY DEVELOPMENT PLAN
N D -20 crm DCHIBII
t
y
w
o\
n
i
i
i
LANDSCAPE 1,142 SF
HARDSCAPE 306 SF
DOG RUN AREA
1,000 SF
LANDSCAPE 278 SF
HARDSCAPE 515 SF
\,
LANDSCAPE 753 SF
HARDSCAPE 350 SF
SHUBIN DONALDSON +CHITECTS INC.
LANDSCAPE 730 SF Zo
HARDSCAPE 400 SF PLANNED COMMUNITY DEVELOPMENT PLAN
VIA MALAGA - OPEN SPACE ANALYSIS
OPEN SPACE LANDSCAPEIHARDSCAPE DIAGRAM
SCALE: 1"=40'-O"
Attachment No. PC 8
Discussion of MND Cumulative Analysis
Including the City Hall Site
A'
LI Tustin, CA I San Diego, CA I Murrysville, PA IN 923 -002
P L A N N I NG 17542 East 17th Street, Suite 100 Tustin, CA 92780 p714.505.6360 17714.505.6361
August 30, 2013
Makana Nova, Assistant Planner
Newport Beach Planning Division
100 Civic Center Drive
Newport Beach, CA 92660
RE: LIDO VILLAS (PA2012 -146) -RESPONSES TO COMMENTS FROM THE LAW OFFICES OF ROBERT C. HAWKINS
Dear Ms. Nova:
On August 22, 2013, the City of Newport Beach received a letter from the Law Offices of Robert C. Hawkins
(herein, "Comment Letter") commenting on the proposed Lido Villas Project (PA2012 -146; herein,
"proposed Project ") and associated Mitigated Negative Declaration (MND). Although the Comment Letter
was received after the close of the MND's public review period and the City is not required to respond in
writing, this letter addresses the CEQA - related concerns raised in the Comment Letter to demonstrate that
there is no substantial evidence that the proposed Project will have a significant direct or cumulatively
considerable impact on the environment.
Specifically, the Comment Letter incorrectly indicates that the MND prepared in support of the Lido Villas
Project fails to consider potential cumulative impacts, including cumulative impacts associated with the
pending City Hall Re -Use Project.
The City prepared a Draft MND (DMND) for the City Hall Re -Use Project in November 2012. That project
consists of a proposal to amend the City's General Plan Land Use Element, Coastal Land Use Plan, and
Zoning Code as they apply to the former City Hall property to allow for the future redevelopment of that
property that could include up to 99 dwelling units and /or other mixed uses. A specific re -use development
plan was not proposed and would be subject to subsequent CEQA review upon its proposal. Although the
City Hall Re -Use Project DMND was not approved or otherwise acted upon by the City Council, the Lido
Villas Project MND did indeed consider the project as part of its cumulative effects analysis.
The cumulative impacts of the proposed Lido Villas Project are discussed and addressed in MND Section
5.4.18.1 under the discussion and analysis of Issue b), and the analysis explicitly considers cumulative effects
associated with the City Hall Re -Use Project. A list of the cumulative development projects considered in the
analysis is provided as Technical Appendix F to the MND. As indicated in MND Technical Appendix F, the
Lido Villas MND considers a total of 31 cumulative development projects, including the City Hall Re -Use
Project (referred to in Technical Appendix F as the "Old City Hall Complex Redevelopment ").
The Comment Letter does not identify any specific issue area(s) for which the cumulative impact analysis
provided in MND Section 5.4.18.1 is deficient. Nonetheless, a brief summary of the findings of the
cumulative impact analysis is provided below, with particular emphasis on the potential cumulative effects
associated with the City Hall Re -Use Project. As shown, there is no substantial evidence to indicate that the
proposed Lido Villas Project would result in a significant, cumulatively considerable impact on the
environment when considered in context with the City Hall Re -Use Project.
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PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
ILIDO Vacs (PA2012 -146)
August 30, 2013
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PLANNING
• Aesthetics (MND Pages 5 -118 and 5 -119). The cumulative impact analysis for the issue of Aesthetics
explicitly considers the City Hall Re -Use Project. Although the City Hall Re -Use Project DMND
indicates the potential for significant aesthetic effects if that project were to move forward, the
DMND includes Mitigation Measures MM 4.1 -1 through MM 4.1 -4 to reduce those potential effects
to below levels of significance. Further, because no specific development plan is pending for the City
Hall site, the Lido Villas MND appropriately relied on the conclusions drawn and mitigation
measures presented in the City Hall Re -Use Project DMND. The analysis of the proposed Lido Villas
Project concludes that cumulative impacts to aesthetics would be less than significant and that the
Project's contribution would be less than cumulatively considerable because the Project would have
no potential to adversely affect scenic vistas or scenic highways, and, like the City Hall Re -Use
Project, would be conditioned upon consistency with the Lido Village Design Guidelines.
Consistency with the Lido Village Design Guidelines is ensured through City staff review of site
plans, architecture plans, landscape plans, lighting plans, and other documentation that accompanies
permit applications for development in the geographic area covered by the guidelines. Furthermore,
the proposed Project and all cumulative developments in its viewshed (including the City Hall Re -Use
Project) would be required to comply with Section 20.30.070 (Outdoor Lighting) of the City's Zoning
Code and would be reviewed for consistency with the lighting provisions of the Lido Village Design
Guidelines, which would preclude cumulatively significant lighting impacts. Additionally, the
artificial lighting intensity produced by the Lido Villas Project after its development would be no
greater than occurs on the site under existing conditions. Thus, the proposed Project would not
increase the overall cumulative effect associated with light and glare as compared to the existing
condition. Further, should the City Hall Re -Use Project go forward, it would be conditioned upon
consistency with the Lido Village Design Guidelines, and any cumulative aesthetic effect would be
less than significant.
As discussed in the MND under the analysis of Aesthetics (refer to Pages 5 -18 and 5 -19 of the
proposed Project's MND), buildings proposed as part of the Lido Villas Project would be a maximum
of 31 feet 2 inches in height, with architectural projections up to 39 feet. Although this represents a
slight increase in height as compared to the 35 -foot high commercial building that currently exists in
the northern portion of the site, the proposed height increase would not result in any significant
adverse effects to the scenic vistas described under the analysis of Aesthetics Issue a).
Likewise, as concluded in the City Hall Re -Use Project DMND (refer to Page 18), even though
buildings with maximum heights of up to 55 feet and architectural features of up to 65 feet could
occur on the former City Hall site if that project moves forward, it is unlikely that any structures that
may be proposed on that site would adversely affect scenic vistas. The DMND includes photographs,
measurements, and other evidence to conclude that because future structure(s) associated with the
City Hall Re -Use Project would be located over one -half mile from important designated Public View
Points and would blend into the background of existing development, impacts to scenic vistas would
be less than significant.
There is substantial evidence included in the City Hall Re -Use Project DMND and the Lido Villas
MND to demonstrate that although the proposed Lido Villas Project would result in an increase in
building height on the property by four - inches for the roof deck and guard rails and four -feet for
architectural projections as compared to the 35 -foot height of the existing on -site commercial
structure, such an increase in height would not significantly and/or adversely affect any scenic vistas
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PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
ILIDO Vacs (PA2012 -146)
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PLANNING
on a direct or cumulative basis.
The Lido Villas Project's proposed height increase also would not substantially degrade the existing
visual character or quality of the site and its surroundings either directly or cumulatively. The
proposed Project (and other projects within the proposed Project's immediate viewshed, including the
City Hall Re -Use Project) would be conditioned upon consistency with the Lido Village Design
Guidelines, including requirements for architecture and landscaping. Moreover, the increase in
building height proposed by the Project would be attenuated by its architectural concept, which
includes off - setting planes, variable rooflines, ground -level landscaping, railings along the upper
floors, and a street frontage dominated by glazing. As concluded in the proposed Project's MND,
"...the Project's architecture would represent an aesthetic improvement over the existing commercial
office building, which features somewhat outdated architectural characteristics and lacks off - setting
planes and variable roofline features" (MND at Page 5 -20). Similarly, and as concluded in the
DMND for the City Hall Re -Use Project, "...the future design and construction of the proposed
mixed use development would generally be compatible in scale, design, character, and quality to
existing uses because... such development and /or redevelopment must comply with the City's existing
land use development standards and architectural design guidelines prescribed in the Lido Village
Design Guidelines document as well as other City policies and regulations" (DMND at Page 35).
Accordingly, although both the City Hall Re -Use Project and the proposed Project would result in
taller buildings as compared to the buildings that occur on those properties under existing conditions,
such height increases would not result in a cumulatively considerable impact to the existing visual
character or quality of the site or its surroundings because aesthetic features would be incorporated to
ensure that the visual character and quality of the sites and their surroundings would not be
substantially degraded, and in some aspects even improved over the existing condition.
Based on the discussion presented above, and consistent with the evidence and conclusions provided
in Section 5.4.18.1 of the Project's MND, the proposed Project's aesthetic effects would be less than
cumulatively considerable.
• Agriculture and Forestry Resources (MND Page 5 -119). As noted in the MND, the proposed Lido
Villas Project would have no impact on agriculture and forestry resources. Specifically, the Project
site is not mapped by the Farmland Mapping and monitoring Program as containing Prime Farmland,
Unique Farmland, or Farmland of Statewide Importance ( "Important Farmlands "). There also are no
lands surrounding the Project site that are zoned for agricultural use or subject to a Williamson Act
Contract. Additionally, there are no forestlands or other lands zoned for forest or timber use within
the City of Newport Beach. There are no components of the proposed Project that could involve
other changes to the existing environment, which, due to their location or nature, could result in the
conversion of Important Farmlands or forestland to non - agricultural use or non- forest use.
Accordingly, because the proposed Project would not result in any impacts to agricultural or forestry
resources, the Project has no potential to result in cumulatively considerable impacts to agriculture or
forestry resources.
• Air Quality (MND Page 5 -119). For construction- related emissions, the MND demonstrates that
Project - related emissions would be below the South Coast Air Quality Management District
(SCAQMD) Regional and Localized Thresholds of Significance (refer to MND Tables 5 -4 through 5-
7), assuming mandatory compliance with Mitigation Measures MM AQ -1 and MM AQ -2. In
accordance with guidance from the SCAQMD, "Projects that exceed the project- specific significance
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PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
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thresholds are considered by the SCAQMD to be cumulatively considerable ... Conversely, projects
that do not exceed the project - specific thresholds are generally not considered to be cumulatively
significant."] The City appropriately followed SCAQMD guidance when determining the
significance threshold for cumulative impacts. Thus, implementation of Mitigation Measures MM
AQ -1 and MM AQ -2 would ensure that near -term construction impacts associated with the proposed
Project would not be cumulatively significant. Furthermore, all construction projects in the City are
required to comply with Chapter 15.10 (Excavation and Grading Code) of the City of Newport Beach
Municipal Code, which establishes requirements for the control of dust during construction. For
long -term operational conditions, the primary source of air quality emissions would be from Project -
related traffic; but because the Project would result in a net reduction of 305 average daily vehicle
trips (ADT) to and from the site (MND Table 5 -10), the Project would result in a net reduction in air
emissions. Thus, the proposed Project would have a long -term cumulative benefit to air quality. As
such, under long -tern operating conditions, the Project also has no potential to result in cumulatively
considerable impacts to air quality.
• Biological Resources (MND Page 5 -119). The MND concludes that the proposed Lido Villas Project
would have no impacts to biological resources. Specifically, the proposed Project site is fully
developed under existing conditions and contains no sensitive vegetation communities providing
habitat for any candidate, sensitive, or special status plant or wildlife species. The proposed Project
site also does not contain any federally protected wetlands or jurisdictional drainages, and does not
serve as a wildlife movement corridor. As noted in the proposed Project's MND (refer to Pages 5 -39
to 5 -40), the Project would not conflict with any local policies or ordinances protecting biological
resources, such as a tree preservation policy or ordinance. The proposed Project site also is not
identified for conservation as part of the Orange County Central and Coastal Orange County
NCCP /HCP, and would not conflict with the provisions of an adopted Habitat Conservation Plan,
Natural Community Conservation Plan, or other approved local, regional, or state habitat
conservation plan. Because the proposed Lido Villas Project has no potential to result in adverse
effects to biological resources, the Project also has no potential to result in cumulatively considerable
impacts to biological resources.
• Cultural Resources (MND Pages 5 -119 and 5 -120). As concluded in the MND, the Lido Villas
Project would not impact any historical resources, and therefore has no potential to contribute to
cumulative historical resource impacts. With respect to the issue areas of archaeological and
paleontological resources, the MND identifies Mitigation Measures MM CR -1 and MM CR -2 to
ensure that in the unlikely event that resources are uncovered during construction of the proposed
Project, they would be appropriately treated to reduce impacts to below a level of significance.
Similar mitigation requirements (SC 4.5 -1 and MM 4.5 -1) were imposed on the City Hall Re -Use
Project as part of the City Hall Re -Use Project DMND. The City of Newport Beach and other lead
agencies impose similar requirements for the discovery and treatment of archaeological or
paleontological resources during construction processes. Accordingly, the proposed Project would
not result in any cumulatively considerable impacts to cultural resources.
• Geology and Soils (MND Page 5 -120). As stated in the MND, impacts due to geology and soils are
1 South Coast Air Quality Management District, 2003. White Paper on Potential Control Strategies to Address Cumulative
Impacts from Air Pollution. Page D -3. August 2003. Available on -line at:
http: / /www.agmd.gov /rules /ciwg /final_white paper.pdf.
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PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
ILIDO Vacs (PA2012 -146)
August 30, 2013
l r J Page 5 of 8
PLANNING
site - specific in nature and the proposed Project therefore has no potential to result in cumulatively
considerable impacts to this issue area. Additionally, all development projects in the State of
California (the Lido Villas Project and the City -Hall Re -Use Project included) are required to
conform to the California Building Code (CBC), which requires strict adherence to structural design
standards to attenuate hazards associated with potential geotechnical hazards such as seismic ground
shaking. Considering these facts, there is no potential for a significant cumulative geology or soil
impact to occur.
• Greenhouse Gas Emissions (MND Page 5 -120). The analysis of impacts due to greenhouse gas
(GHG) emissions is inherently cumulative in nature, because it relates to climate change across Earth.
No individual, small development project such as the proposed Lido Villas Project has the potential to
change the Earth's climate. As concluded in the MND, the proposed Project also has no potential to
result in cumulatively considerable impacts associated with GHGs. The proposed Project would
result in a net reduction of GHG emissions as compared to the existing condition (see Table 5 -8 and
associated discussion in the proposed Project's MND), primarily related to the reduction in daily
vehicle trips that would occur to and from the site after the Project is implemented. Thus, the Project
would have a long -term cumulative benefit to (reduction of) GHG levels. For this reason, the Project
has no potential to result in significant and cumulatively considerable impacts associated with GHG
emissions. Additionally, the DMND for the City Hall Re -Use Project concludes that GHG emissions
associated with redevelopment of the City Hall site also would be less than significant.
• Hazards and Hazardous Materials (MND Pages 5 -120 and 5 -121). Assuming implementation of
Mitigation Measures MM HM -1 and MM HM -2 (relating to site - specific lead -based paints and
asbestos containing materials), impacts under this issue area would be less than significant. A similar
requirement is identified in the City Hall Re -Use Project DMND as Standard Condition SC 4.7 -2.
With mitigation measures applied to both projects, impacts due to lead -based paints and asbestos
containing materials would be less than cumulatively considerable. There are no components of the
proposed Project's construction or operational characteristics that would result in the potential for
cumulatively considerable effects due to hazards or hazardous materials.
• Hydrology and Water Quality (MND Page 5 -121). The analysis contained in the MND and its
Technical Appendices C and D concludes that with mandatory compliance with site - specific Storm
Water Pollution Prevention Plans (SWPPP) and Water Quality Management Plans (WQMP), impacts
associated with hydrology and water quality would be less than significant. During development and
long -term operation of the City Hall Re -Use Project should it move forward, the City similarly would
be required to prepare and implement SWPPPs and WQMPs to preclude significant direct and
cumulative impacts due to hydrology or water quality concerns (as indicated in the City Hall Re -Use
Project DMND on Pages 74 through 81). Additionally, and as concluded on Page 5 -121 the Lido
Villas MND, the proposed Project and cumulative development projects (including the City Hall Re-
Use Project) have been reviewed by the City and have no potential to significantly and adversely
affect implementation of hazard management plans.
• Land Use and Planning (MND Pages 5 -121 and 5 -122). As concluded in the MND, the proposed
Lido Villas Project would not result in any environmental impacts due to consistency findings
associated with applicable habitat conservation plans, natural community conservation plans, or any
other applicable land use plans, policies, or regulations that were adopted for the purpose of avoiding
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PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
ILIDO Vacs (PA2012 -146)
August 30, 2013
l r J Page 6 of 8
PLANNING
or mitigating an environmental effect. The City Hall Re -Use Project DMND similarly concludes that
impacts to Land Use and Planning would not occur or would be less than significant (as indicated on
pages 81 to 96 of the City Hall Re -Use Project DMND). Both projects are consistent with applicable
General Plan policies and would be conditioned upon consistency with the provisions of the Lido
Village Design Guidelines. Consistency with the Lido Village Design Guidelines is ensured through
City staff review of site plans, architecture plans, landscape plans, lighting plans, and other
documentation that accompanies permit applications for development in the geographic area covered
by the guidelines. There are no components of the proposed Project or the City Hall Re -Use Project
that could result in cumulatively significant impacts to the issue area of Land Use and Planning.
There is also no cumulative potential for the physical division of an established community, as both
the proposed Project site and City Hall site are already developed under existing conditions and
would be redeveloped as part of their respective proposed Projects within their parcel boundaries.
• Mineral Resources (MND Page 5 -122). Both the proposed Project site and the City Hall site are
developed under existing conditions, and contain no mines, wells, other extraction activities, or lands
mapped as containing valuable mineral resources. The proposed Lido Villas Project would have no
impact to mineral resources, and therefore has no potential to result in cumulatively considerable
impacts under this issue area.
• Noise (MND Page 5 -122). The discussion and analysis of the proposed Project's cumulative impacts
to Noise explicitly discusses cumulative impacts associated with the proposed Project and the City
Hall Re -Use Project. As concluded in that discussion, construction activities in the City of Newport
Beach are exempt from the City's Municipal Code Section 10.26 (Community Noise Control),
provided such activities adhere to the timing restrictions specified in Section 10.28 (Loud and
Unreasonable Noise). Both the proposed Project and the City Hall Re -Use Project would be required
to comply with the timing restrictions specified in Section 10.28; accordingly, construction- related
noise impacts would be less than cumulatively considerable even in the unlikely event that both
projects were under simultaneous construction. Under long -term operating conditions, the residential
use proposed by the Lido Villas Project would not result in substantial noise that could violate any
applicable noise standards. Additionally, vehicular traffic associated with the proposed Project would
be reduced as compared to the existing condition (thereby indicating that noise from vehicular traffic
would be reduced). Thus, the Project would have a long -term cumulative benefit to (reduction of)
vehicular noise. Accordingly, the Project has no potential for resulting in cumulatively considerable
noise impacts under long -term operation.
• Population and Housing (MND Page 5 -122). The MND concludes that the Project would result in an
increase in the City's population by approximately 50 persons. Although other cumulative
development projects (including the City Hall Re -Use Project should it go forward and should it
ultimately contain residential units) could also result in an increase in the City's population, the MND
concludes that there would be no impacts or less than significant impacts to the environment resulting
from the cumulative effect of population growth within the City. The Lido Villas Project and City
Hall Re -Use Project also would result in no impacts due to the displacement of substantial numbers of
existing housing or people because no housing units currently exist on either site. The City Hall Re-
Use Project DMND similarly concludes that an increase to the City's population would not result in
any significant environmental effects (refer to Pages 101 -102 of the City Hall Re -Use Project
DMND). For these reasons, the proposed Project has no potential to result in cumulatively
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PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
ILIDO Vacs (PA2012 -146)
August 30, 2013
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PLANNING
considerable impacts associated with such effects
• Public Services (MND Page 5 -123). The MND concludes that there would be no increase in demand
for fire protection or police protection services as a result of the proposed Project; as such, there
would be no cumulatively considerable impact. As indicated on MND Page 5 -123, although the
proposed Project would result in approximately five new elementary school students, three middle
school students, and three high school students, the proposed Project and all other cumulative
development projects would be required to contribute fees in accordance with Public Education Code
§ 17072.10 -18, which would provide necessary funding for school facilities. Additionally, the
analysis concludes that the Newport Mesa Unified School District (NMUSD) has determined that its
existing school facility capacity is adequate to serve the population, and there are no plans for
expansion of its school facilities to accommodate projected growth. As such, the generation of new
students from the proposed Project and cumulative developments would not result in nor require
expanded school facilities, the construction of which could result in impacts to the environment. The
DMND for the City Hall Re -Use Project similarly concludes that the payment of school impact fees
would constitute full mitigation as stipulated by law, and impacts on the environment are therefore
less than significant. The analysis in the Lido Villas MND also concludes that impacts to library
facilities would be less than significant due to changes in technology (i.e., the use of electronic media
in lieu of hard copy media) and because the City's library facilities are more than adequate to serve
the City's existing and projected population; such findings also are consistent with the analysis and
conclusions presented in the City Hall Re -Use Project DMND. Accordingly, cumulatively
considerable significant impacts to public services would not result from implementation of the
proposed Project.
• Recreation (MND Pages 5 -123 and 5 -124). The proposed Project's MND concludes that there are
adequate existing and planned recreational facilities within the City's Service Area I to meet the
recreation demands that would be caused by the projected increase in the City's population, including
future residents from the City Hall Re -Use Project should that project go forward and should
residential units ultimately occur on that site. The proposed Lido Villas Project also would be
required to contribute fees to the City's park funds, pursuant to City Council Resolution No. 2007 -30,
which would enable the City to provide for new or improved park facilities within the City to serve
City residents and future residents of the proposed Project. Furthermore, both projects are located on
the Balboa Peninsula where ample beach - related activities are predominate for local residents.
Accordingly, cumulative effects due to the need for new or expanded recreation facilities, as well as
cumulative effects caused by the physical deterioration of existing recreational facilities, would be
less than significant on a cumulative basis. The demand for new and/or improved recreational
facilities generated by the proposed Project's anticipated 50 residents would not be cumulatively
considerable.
• Transportation/Traffic (MND Page 5 -124). The proposed Project would result in a net decrease in
traffic from the site by approximately 305 ADT as compared to the existing condition (MND Table 5-
10). Thus, the Project would have a long -term cumulative benefit to (reduction of) traffic. As a
result, the proposed Project would have no potential to result in cumulatively considerable impacts to
roadways and transportation facilities. Similarly, the DMND for the City Hall Re -Use Project
determined that impacts to transportation/traffic from implementation of that project, should it move
forward, would be less than significant (refer to Pages 110 -116 of the City Hall Re -Use Project
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PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
ILIDO Vacs (PA2012 -146)
August 30, 2013
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PLANNING
DMND). During construction, the proposed Lido Villas Project would not require the complete
closure of any public or private streets or roadways during construction, although the western half of
Via Lido would be temporarily closed northerly of Via Malaga for two weeks during installation of
the Project's sewer connection. During this time, traffic control measures would be required pursuant
to Chapter 12.62 (Temporary Street Closure) of the City's Municipal Code. Accordingly, in the even
in the unlikely event that construction of the City Hall Re -Use Project occurs simultaneously,
temporary construction activities would not impede use of the road for emergencies or access for
emergency response vehicles. Therefore, the Project would not result cumulatively considerable
impact to traffic circulation or emergency access during the construction period, and no impact would
occur.
• Utilities and Service Systems (MND Page 5 -124). The proposed Project would result in a net
decrease in the amount of wastewater and solid waste generated by the site, and also would result in a
reduction in the site's demand for water resources. Thus, the Project would have a long -term
cumulative benefit to (reduction of) demand on utilities and service systems. Accordingly, the
proposed Project has no potential to result in significant and cumulatively considerable impacts.
In closing, CEQA Guidelines Section 15130 sets forth the requirements for a cumulative impact analysis
and the Lido Villas MND properly analyzes cumulative effects. CEQA Guidelines Section 15130
recognizes that the discussion of cumulative impacts need not be as detailed as the discussion of project
specific impacts, and that the discussion should be guided by standards of practicality and
reasonableness. An exhaustive analysis is not required. In any case, the Lido Villas MND discloses the
City's basis for the scope of its cumulative impacts analysis and MND Technical Appendix F sets forth
the cumulative projects list that was derived by following City standards. As a result, the City
considered the cumulative impacts from a more - than - reasonable list of 31 nearby projects, including the
City Hall Re -Use Project.
As concluded in the summary above and in MND Section 5.4.18.1 under the discussion and analysis of Issue
b), and assuming the incorporation of the mitigation measures (all of which are summarized in MND Section
6.0, Mitigation Monitoring and Reporting Program), the proposed Lido Villas Project would not result in any
significant and cumulatively considerable environmental effects.
If you should have any questions or require additional clarification, please do not hesitate to contact me at
(619) 501 -6041, or via e -mail at ihardingk6planning.co m.
Sincerely,
T&B'PLANNING
Jeramey Harding, CP
Senior Project Manager
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PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Prnie
Demolish 3 -story office /retail building,
church, and 56 -space parking lot
Construct 23 townhouse -style condominium
dwellings and 12 -space guest parking area
o8 /22/2013 Community Development Department - Planning Division 2
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Applications (PA2012=146)
cqC /FORNP
General Plan Amendment No. GP2012-005
Coastal Land Use Plan Amendment No. LC2013 -001
Zoning Code Amendment No. CA2012-oo8
Site Development Review No. SD2013 -001
Tentative Tract Map No. NT2013 -001
Mitigated Negative Declaration No. ND2013 -001
07/13/2012 Community Development Department - Planning Division 3
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o8 /22/2013 Community Development Department - Planning Division 7
3303 Via Lido from Via Lido
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o8 /22/2013 Community Development Department - Planning Division 10
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08/22/2013 Community Development Department - Planning Division
OS
12
CLUP Amendment
MUM .
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RM=D
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CG -B
3355 Via Lido
(RM-
(RM -D)
3303Via Lido `+
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o8 /22/2013 Community Development Department - Planning Division 13
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Zoning Amendment
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o8/22/2013 Community Development Department - Planning Division sq
MTIl I Fe U FeTi @ - • [M
Establish a planned community with
development standards appropriate and
compatible with Lido Village.
Development standards are modeled after
the RM Zoning District.
Variations in height and setbacks are
proposed.
Waiver of lo acre minimum.
o8 /22/2013 Community Development Department - Planning Division 15
WiT 17 HM(Fz 48 V.976= 767:
WIT 13 HEIGHT -4612 9.16'= 71.96
WIT 17 WIT 16
WIT 15
UNIT 14
GAIT 17
WIT 17
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39 ft
35tt4in -_ 33 ft
i8 ft
- ru sonrua• 916 .
SOUTH ELEVATION -VIA MALAGA
SCALE', 1116'=1' -0"
o8 /22/2013 Community Development Department - Planning Division 17
ORIM11111r41MAIG O
■ Improvements should be sensitive to the less -
intensive land uses of worship and residential sites.
Traffic calming devices should be incorporated to
promote safe street environments.
■ Building and massing should be horizontal to
reinforce the pedestrian interface.
■ Pursue joint parking opportunities.
o8 /22/2013 Community Development Department - Planning Division ig
Edge Conditions
i
Edge Conditions
07/13/2012 Community ark • - --
Development Department
ikrcnitecturai I nPmF
Design Guidelines suggest Coastal or
Mediterranean architectural themes or a
combination thereof.
Building materials consist of wood siding,
stainless steel panels, and glass railings
creating a modern interpretation.
iL Guidelines are not standards.
o8 /22/2013 Community Development Department - Planning Division
22
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o8 /22/2013 Community Development Department - Planning Division 23
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Community Development Department - Planning Division
24
07113/2012
25
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07/13/2012
PLANTING NOTES
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o8 /22/2013 Community Deve opment Department - Panning Division 28
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■ Mitigated Negative Declaration- ND2013 -001
■ State Clearing House No. 2013071050
■ Public comment period July 3.2, 2013 through
August 13,203-3.
■ Mitigation Measures for Air Quality, Cultural
Resources, and Hazards and Hazardous Materials
are included in the Mitigation Monitoring Program.
o8 /22/2013 Community Development Department - Planning Division 30
■ Land use amendments are compatible with the
Lido Village neighborhood (add of 7 units).
■ Land use and site design
appropriate. Height and
additional discussion.
of the project are
architecture may warrant
■ Identify any suggested changes to project design,
if appropriate.
Tentative Council date is November 12, 2013
o8 /22/2013 Community Development Department - Planning Division
31
For more information contact:
Makana Nova
949-644 -3249
www.newportbeachca.gov
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Community Development Department - Planning Division
34
GP2012 -005
(PA2012 -146) 0 sq. ft. Q f 7
3303 Via Lido
Prior Amendments
(80 %)
1. GP2011 -010
(PA2011 -209)
2. GP2011 -003 16,275 48.63 64.81
(PA2011 -024)
3. GP2010 -005
(PA2010 -052)
TOTALS 16,275 48.63 64.81
Section 423 Thresholds 40,000 sq. ft. 100 100
Vote No No No
o8/22/2013 Community Development Department - Planning Division
PA,
9
100
No
35
g -iH Trihal Notitic_atic
NAHC provided a list identifying 14 contacts
with the M N D
go -day consultation period ending
November 4, 2013.
A second round of notices sent August 6 t
A 45 -day review period has been requested,
which would end September 2ot". Staff is
awaiting responses from several contacts
regarding this request.
o8/22/2013 Community Development Department - Planning Division 36
CLUP Amendment
j
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9
RM -D
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VIA MALAGA
1 -B
STREET OV
Mff�l J�
o8 /22/2013 Community Development Department - Planning Division
37
Zoning Amendment
Existing Zoning:
Multiple -Unit Residential (RM) and
Private Institutions (PI)
Proposed Zoning:
Planned Community (PC)
.,. .�,.iuums•sv w.eywr•es��•e•vv evu[v.r.eu.ea..
f
.- H,
EAST ELEVATION -VIA LIDO 1
o8 /22/2013 Community Development Department - Planning Division 39
wrtnr[��= .rer.eur= MW unr u�= .r%.59r= xv
WEST ELEVATION - VIA OPORTO
SME ,,,r_,-W
o8 /22/2013 Community Development Department - Planning Division 40
mtprnatiw
Continue the item to the September Stn
Planning Commission Meeting if additional
consideration is necessary.
If the Planning Commission recommends
denial of the application, Staff suggests
denying the application without prejudice to
allow for an appropriate redesign of the
project.
07/13/2012 Community Development Department - Planning Division 41
One public comment and several agency
comments were received in response to the
MND.
Impact Fees
Requested revisions to conditions can be
provided as an updated Exhibit "F" to the
draft resolution for approval.
Covenants, Conditions, and Restrictions
1L Tentative Council date is November 12, 2013.
o8 /22/2013 Community Development Department - Planning Division qz