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HomeMy WebLinkAbout2006-20 - 919 Bayside Drive - PA 2004-072RESOLUTION NO. 2006- 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING MITIGATED NEGATIVE DECLARATION (SCH NO. 2005 - 061019) AND MITIGATION MONITORING AND REPORTING PROGRAM, APPROVING TENTATIVE TRACT MAP 2004 -001 (TRACT 15323), AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2005 -001 FOR PROPERTY LOCATED AT 919 BAYSIDE DRIVE (PA 2004 -072). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by UGS Development Inc. for a 3.92 -acre property identified as 919 Bayside Drive. The application requests approval of: a Code Amendment to change the zoning district of the subject property from Multifamily Residential to Planned Community and adopting Planned Community Text No. 54; a Tentative Tract Map subdividing the subject property into 17 single - family lots for lease purposes and 5 lots for recreation and swimming pool facilities, for public pedestrian access, for landscaped areas, and for private roads; and a Coastal Residential Development Permit ensuring compliance with State law relative to low and moderate income housing opportunities within the Coastal Zone. WHEREAS, in accordance with California Environmental Quality Act (CEQA) requirements, an Initial Study and a Notice of Intent to Adopt a Mitigated Negative Declaration were distributed to all responsible and trustee agencies and other interested parties for a 30 -day public review period commencing on June 3, 2005 and ending on July 5, 2005. WHEREAS, on August 18, 2005, the Planning Commission held a noticed public hearing at which time the Mitigated Negative Declaration, together with comments received thereon, and the Mitigation Monitoring and Reporting Program were considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to and considered by the Planning Commission at the hearing. WHEREAS, the public hearing was continued and at the continued public hearing on November 3, 2005, the Planning Commission considered the Mitigated Negative Declaration, together with comments received thereon, and the Mitigation Monitoring and Reporting Program. WHEREAS, the City maintains and implements development standards through the Zoning Ordinance which enables adoption of a Planned Community district. WHEREAS, adoption of the Planned Community district and the Bayside Residential Planned Community District Development Regulations accommodates development of single - family dwellings which are permitted within the General Plan Multi - Family Land Use designation and is thus consistent with the General Plan. WHEREAS, a Coastal Residential Development Permit processed for this project to implement provisions of the California Coastal Act relative to displacement of low and moderate income households within the Coastal Zone indicated that demolition of existing multiple family residential dwelling units on the project site will not result in displacement of any low or moderate income households. WHEREAS, the Planning Commission voted (5 -1) to recommend approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, of Tentative Tract Map 2004 -001, and Coastal Residential Development Permit No. 2005- 001 for property located at 919 Bayside Drive (PA 2004 -072) WHEREAS, on January 10, 2006, the City Council held a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the City Council at this meeting. WHEREAS, the public hearing was continued to February 14, 2006, so that the applicant could revise the Tentative Tract Map consistent with City Council comments. WHEREAS, a revised Tentative Tract Map was subsequently submitted and subject to conditions of approval includes required information including legal description of property, ownership, existing and proposed uses and improvements, proposed lot sizes, existing and proposed infrastructure, and public and private easements in compliance with the Subdivision Code and will not result in a detriment to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not be a detriment to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. Finding The proposed subdivision is consistent with and serves to implement the policies and provisions of the General Plan. Facts The General Plan Land Use Element directs that all subdivisions be consistent with the Subdivision Code. Subject to Conditions of Approval and inclusion of required public access as indicated below, the Tentative Tract Map is consistent with the Subdivision Code. Section 664778.4 of the California Government Code prohibits a City from approving a tentative or final subdivision map that fronts on a public waterway that does not provide or have available reasonable public access by fee or easement from a public highway to that portion of the public waterway bordering or lying within the proposed subdivision. The Tentative Tract Map, with revisions and subject to Conditions of Approval, provides reasonable public access along the southerly boundary of the project site from a public highway by way of fee or easement. Public access including an 8 -foot wide easement and walkway improvements is proposed across land within the subdivision boundary and over the water adjacent to the subdivision boundary. As such, the proposed subdivision is consistent with Section 664778.4 of the California Government Code. Additionally, widening the existing public walkway to 8 feet within Lot B (along Promontory Channel) accommodates free flowing pedestrian traffic and is adequate to find the proposed subdivision consistent with Section 664778.4 of the California Government Code. 2. Finding The design or improvement of the proposed subdivision is consistent with the General Plan. Facts Consistency with the City of Newport Beach Land Use Element. The proposed project site lies within the Promontory Bay Area, as defined in the City's Land Use Element. The Promontory Bay Area includes Harbor Island, Linda Isle, and all the area bounded by Newport Bay, Marine Avenue /Jamboree Road, and East Coast Highway. Existing land uses within the Promontory Bay Area are diverse and include Single - Family Detached Residential, Multi - Family Residential, Neighborhood Commercial, Recreational and Marina, and Recreational and Environmental Open Space land uses. The proposed project would be consistent with existing and allowed land uses within the Promontory Bay Area. The Land Use Element designates the proposed project site as Multi - Family Residential to reflect the existing apartment complex. As previously stated, the proposed project would establish 17 residential lots. Single- family residences are a permitted use within sites designated for multi - family residences (page 23 of the Land Use Element). Therefore, the proposed project would be consistent with the Multi - Family Residential land use designation. It would also be consistent with applicable policies of the Land Use Element. Consistency with the City of Newport Beach Harbor and Bay Element. Policy HB -1.1.2 of the Harbor and Bay Element requires that potential impacts on water - dependent and water - related land uses and activities be considered when reviewing proposal for land use changes. Land use changes associated with the proposed project would be limited to the project site. No adjacent properties would be impacted by the proposed project. Since no water - related or water- dependent uses occupy the site, no impact to these uses would occur. Policy HB -2.1.2 of the Harbor and Bay Element indicates the need to expand and improve existing public waterfront access. Demolition of existing improvements on the project site to accommodate new residential development provides the appropriate opportunity to expand and enhance the existing public access by providing an on -land, improved public walkway along the bay front. A walkway partially on -land and partially cantilevered over the waterfront is readily accessible by the public will enhance and expand public pedestrian access consistent with this General Plan Policy. Moreover, an on- land and cantilevered pedestrian walkway, as proposed, will ensure that access to the bay front is maintained in the long term. Therefore, the easement and walkway improvements partially on -land and partially cantilevered over the water together with the pedestrian ramp connecting this access with the existing floating walkway sufficiently expand and enhance existing access such that the project is consistent with Policy HB -2.1.2 Consistency with the City of Newport Beach Housing Element. The project will eliminate 64 apartments and replace them with 17 single - family residences for an overall reduction of 47 units. The City has approximately 14,600 rental units out of approximately 37,500 total housing units (2000 Census), and the reduction and change in housing type is not considered significant. Goal 2 of the Housing Element states that the City will "provide a balanced residential community, comprised of a variety of housing types, designs, and opportunities for all social and economic segments, including very low -, low -, moderate- and upper- income individuals and households." The proposed project is consistent with this goal and is not inconsistent with any other goals or policies in the Housing Element. Consistency with the City of Newport Beach Local Coastal Program Land Use Plan. According to the City's Local Coastal Program Land Use Plan ( LCPLUP), the proposed project is located in the Coastal Zone. Therefore, a coastal development permit (CDP) is required from the California Coastal Commission. The LCPLUP references the fact that the project site is designated for Multi - Family Residential Use and is allowed one unit for each 2,178 square feet of buildable lot area. As previously discussed, the proposed project is consistent with this designation. Policy 3.1.1 -13 of the Coastal Land Use Plan requires a direct dedication or an offer to dedicate (OTD) an easement for lateral public access for all new shorefront development causing or contributing to adverse public access impacts. The location of the dedication is to be between the current limits of public ownership (i.e. below the mean high tide line) and the primary extent of development. Dedication of a public access easement along and across the southerly portion of the subdivision on Lots 3 through 9 and above and across the water immediately adjacent to the southerly boundary of the subdivision satisfies this requirement. Accordingly, the tentative tract map is consistent with Policy 3.1.1 -13. The proposed project is not a recreation or visitor - serving facility. It would not require diking, dredging, filling or shoreline structures, and it does not propose construction or expansion of public works facilities. The LCPLUP does not identify the proposed project site as an environmentally sensitive habitat area or hazard area. Water and marine resources adjacent to the proposed project site would be protected through implementation of the Standard Conditions listed in the Hydrology and Water Quality section, above. The proposed project would preserve and provide for continued operation of the existing dock areas along North Bay Front. Sections 30244, 30250(a), 30252, and 30253(3) and (4) of the CCA provide criteria for the location of new development. These criteria specify that new development should generally be concentrated in areas of existing development, preserve public access, provide adequate support facilities including provisions for recreational facilities, and preserve archaeological and paleontological resources. The proposed project, as conditioned by the standard conditions and mitigation measures contained within this document, would fully comply with these criteria. The LCPLUP does not list the proposed project site as a primary view area. Consequently, it is not subject to Sections 30251 and 30253(5) of the CCA. Since the proposed project is not a new visitor - serving facility or coastal - dependant use and it does not require an oceanfront encroachment, the LCPLUP's policies specific to new development are not applicable to the proposed project. 3. Finding The site is suitable for the type of development. Facts The site is generally level and currently developed with multiple - family dwelling units at densities greater than that proposed. No problems or adverse site conditions have been identified on the site as currently developed. Consequently, the site is determined to be physically suited for the development proposed. 4. Finding The site is physically suitable for the density of development. Facts The site is generally level and currently developed with multiple - family dwelling units at densities greater than that proposed. No problems or adverse site conditions have been identified on the site as currently developed. Consequently, the site is determined to be physically suited for the density of development proposed. 5. Finding The design of the subdivision and type of improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Facts An Initial Study prepared in conjunction with this project and included in the administrative record was the basis for adoption of a Mitigated Negative Declaration for this project which indicated that all environmental impacts, including those to fish, wildlife or their habitat, are less than significant or, with mitigation, are reduced to a less than significant level. 6. Finding The proposed subdivision is not likely to cause serious public health problems. Facts An Initial Study prepared in conjunction with this project and included in the administrative record was the basis for adoption of a Mitigated Negative Declaration for this project which indicated that all environmental impacts, including those that could affect human health, are less than significant or, with mitigation, are reduced to a less than significant level. 7. Finding The proposed subdivision will not likely conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Facts The proposed subdivision is proposed to be gate - guarded and generally not accessible to the public. An existing easement providing access to the bay front along the westerly edge of the property is preserved with this tract map and upgrades to physical improvements on this easement are included as part of this project. In addition, the tentative tract map dedicates an easement to the public for passage over a walkway along the bayfront. WHEREAS, the General Plan requires that the City maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and other development standards to ensure that commercial projects are aesthetically pleasing and compatible with surrounding land uses. The City maintains and implements development standards through the Zoning Ordinance which enables adoption of Planned Community District Regulations and through the Subdivision Ordinance which enables approval of Tentative Tract. The Bayside Residential Planned Community District Development Regulations include permitted uses, regulations that ensure that the size and scale of the building, the number of parking spaces provided, the building setbacks provided, the areas of landscaped yards, and the design and placement of signs result in a project that is aesthetically pleasing and compatible with surrounding land uses consistent with objectives of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED Based on the aforementioned findings, the City Council hereby approves Mitigated Negative Declaration No. 2005 - 061019 and the associated Mitigation Monitoring and Reporting Program, Tentative Tract Map 2004 -001 (Tract 15323), and Coastal Residential Development Permit No. 2005 -001 subject to conditions as in Exhibit "A ", and subject to adoption of Ordinance No. 2006 -06 approving the Bayside Residential Planned Community. 2. Resolution No. 2006 -10 adopted on February 14, 2006 is hereby rescinded. 3. This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 14th day of March , 2006, by the following vote to wit: Curry, Selich, Rosansky, Ridgeway, Diagle, AYES, COUNCIL MEMBERS Nichols,: Mayor Webb-. NOES, COUNCIL MEMBERS None ABSENT, COUNCIL MEMBERS None oil (\`h Exhibit "A" Conditions of Approval The following conditions shall apply to all development pursuant to the Bayside Planned Community Development Regulations and are adopted as conditions of approval of Tentative Tract Map No. 2004 -001 (Tract 15323): 1. Water service to the Planned Community will be furnished by the City of Newport Beach. Each dwelling unit/building shall be served with an individual water service lateral connection to the public water system unless otherwise approved by the Public Works Department and the Building Department. 2. Sewage disposal service facilities to the Planned Community will be provided by the City of Newport Beach and the Orange County Sanitation District. Each dwelling 'unit/building shall be served with an individual sewer service lateral connection to the public sewer system unless otherwise approved by the Public Works Department and the Building Department. 3. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 4. The developer shall comply with the City's water quality and on -site non -storm runoff retention requirements by the preparation and approval by the City of a Stormwater Pollution Prevention Plan (SWPPP). Existing drainage outlets within the existing bulkheads that discharge on -site runoff into the Bay shall be modified to meet the City's on -site runoff water quality requirements. 5. Fire equipment access walkways, streets, gangplanks, and dock ways shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the City Newport Beach Building and Fire Departments. 6. Street, drainage and utility improvements shall be submitted on City standard improvement plan formats. All of the plan sheets shall be prepared by California licensed professionals responsible for the designs shown on the Plans. 7. All improvements shall be designed and constructed in accordance with the current edition of the City Design Criteria, Standard Special Provisions, and Standard Drawings. 8. The California Vehicle Code shall be enforced on the private streets and drives, and delineation acceptable to the Police Department and Public Works Department shall be provided along the sidelines of the private streets and drives. 9. Curb -side collection of refuse shall be subject to City of Newport Beach approval. 10. The design of public access improvements shall provide for full public access 24- hours a day, 7 -days a week to 100% of the bay frontage along Promontory Bay Channel and Balboa Channel. The existing walkway along the Promontory Channel shall be improved to provide a minimum width of eight (8) feet unobstructed passage and a raised planter, two feet in width, extending the length of the walkway. A new, on -land and cantilevered public walkway along the water front shall be eight (8) feet clear and shall be constructed to meet all ADA standards as shall the new ramp connecting this walkway with the existing floating walkway. 11. A 12 -foot wide concrete sidewalk/bike path behind the street curb face shall be provided along the Bayside Drive frontage. 12. All on -site common area improvements such as parks, docks, entry gates and entry, all on -site drainage, sanitary sewer, water, and electrical systems shall be owned or leased, operated and maintained by the HOA. 13. All overhead utilities serving the P -C shall be made underground. 14. The developer shall be required to submit a sign plan for review by the Planning Department for conformity with Chapter 20.67 of the Zoning Code. The sign plan shall include informational signs at the access to Lot B from Bayside Drive right - of -way, at the juncture of the Promontory Bay accessway on Lot B with the on- land and cantilevered accessway along the Bay, and at the location where the prolongation of the easterly property line of the subject property intersects with the floating dockway clearly identifying such improvements as public walkways and inviting pedestrians. Sign text and graphics are subject to review and approval of the Planning Director. 15. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the Planned Community District Regulations. 16. The development shall be in substantial conformance with the approved Tentative Tract marked Attachment 4 to the City Council Staff Report for PA 2004 -072 dated February 14, 2006. 17. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. 18. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 19. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 20. Should this site be sold or otherwise come under different ownership or be operated by a different entity than the applicant, any future owners, assignees or operators shall be noted of the conditions of this approval by the current owner or leasing company. 21. No dwelling other than one, single - family, detached dwelling may be constructed on any buildable lot created by Tentative Tract Map 53232. No dwelling may exceed a height of twenty -eight (28) feet as measured consistent with Municipal Code Section 20.65.030, "Measurement of Height ". For this purpose, "grade" shall be the respective pad elevations shown on the Tentative Tract Map. These restrictions shall be included in the Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Clerk at the time a Final Map is recorded. 22. Boat slips fronting the project site shall be operated as a residential marina for the 17 residential leaseholds of the Bayside Residential Planned Community. The slips shall not be rented to anyone who is not a resident of the Bayside Residential Planned Community. These restrictions shall be noted on the Final Map and incorporated into Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Clerk at the time a Final Map is recorded. 23. The applicant shall prepare architectural guidelines that will apply to the design of all dwellings proposed for construction on lots created by Tentative Tract Map 15323 approved together with this Use Permit. The architectural guidelines shall be subject to review and approval of the Planning Director. The architectural guidelines shall be incorporated into Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Cleric at the time a Final Map is recorded. The CC &R's shall require that all dwellings and improvements comply with the architectural guidelines. 24. The applicant shall prepare plans for construction of public access improvements on Lot B including the public walkway improvements along Promontory Bay, the on- land and cantilevered walkway along the existing bulkhead, the ramp connecting the on -land and cantilevered walkway with the existing floating dockway, and related improvements consistent with revised Tentative Tract Map 15323 as necessary to comply with handicapped access requirements of the California Building Codes and to enhance pedestrian safety and improve the visual character of public access through inclusion of lighting, railings, and other appropriate improvements. The plans shall be developed in consultation with the City's Harbor Resources Division and subject to final approval by Harbor Resources, Public Works, and Planning. 25. The on -land and cantilevered walkway and ramp shall be designed to meet exiting and fire protection requirements as specified by the applicable Codes and shall be subject to review and approval by the Newport Beach Building, Fire, and Harbor Resources Departments. 26. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 27. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 28. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 29. A sign plan shall be submitted for review for conformity with Chapter 20.67 of the Zoning Code. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110 -L to ensure that adequate sight distance is provided. 30. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 31. The Developer shall file one (1) Final Tract Map (Map). 32. The Map shall be prepared on the California coordinate system (NAD88). Prior to recordation of the Map, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in the Orange County Subdivision Code and Orange County Subdivision Manual. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 33. The Final Map shall include reconfigured Lots C and D that encompass the perimeter wall to be reconstructed along the Bayside Drive frontage and a landscaped area, minimum 6 -feet in width, measured between the back of the existing public sidewalk as shown on the Tentative Tract Map and the face of the reconstructed perimeter wall. 34. The Developer of the Bayside Planned Community shall obtain and maintain a valid Harbor Permit for the continued operation and maintenance of the existing or future docks, gangplanks and other dock related improvements. This Harbor Permit shall be transferred to the Homeowners Association (HOA) for the Bayside Planned Community upon its creation. As a condition to the Harbor Permit, the fee owner and leasehold owner shall execute an agreement to provide and maintain public access as identified within these Planned Community District Regulations and these conditions of approval. 35. The Final Map shall be revised to provide a lettered lot coterminous with the cantilevered public walkway along Lots 3 -9 unless the California Coastal Commission determines that the cantilevered public walkway is not the appropriate means of providing public access to the waterfront. Said lot shall be owned and maintained by the Home Owners Association for public access purposes and said lot shall not be obstructed or used for other purposes. 36. Prior to recordation, the Map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Comer unless otherwise approved by the City Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 37. A hydrology and hydraulic study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the Map. 38. Submit written documentation from the holders of the various existing easements shown on the Tentative Trace Map as being relocated or replaced ore relinquished that they have reviewed and agreed with the quitclaim of their respective easements as proposed by the Developer. 39. Easements for public emergency and security ingress /egress, weekly refuse service, and public utility purposes on all private streets shall be dedicated to the City. Said easements shall be shown on the tract maps. 40. No structures shall be constructed within the limits of any utilities easements. 41. All applicable fees shall be paid prior to the City approval of the Final Tract Map. 42. Construction surety in a form acceptable to the City, guaranteeing the completion of the various required public improvements, shall be submitted to the Public Works Department prior to the City approval of the Final Tract Map. 43. All improvements within the public right -of -way shall be designed and constructed per City Standards. 44. In the event that private construction work damaged existing public improvements surrounding the site, the Public Works Inspector at his discretion will require additional public works reconstruction work as needed. 45. The centerline of the curb access ramps proposed at the development site entrance shall parallel with the Bayside Drive roadway alignment. 46. The construction of bulkhead and gangways requires separate plan check and permits. 47. The construction of bulkhead and gangways shall be performed only during periods of low tide. Plastic sheeting shall be placed below the work location to collect the fallen construction debris. The collected debris shall be removed and disposed of at the end of each workday. 48. Prior to the construction of bulkhead and gangways, a determination shall be made by a qualified biologist as to the existence of eelgrass surrounding /nearby the work site. In case of eelgrass, the Developer shall coordinate with the City's Harbor Resources Division to apply for and obtain the required permits from The US Army Corps of Engineers, The US Wildlife and Fishery Service, The California Coastal Commission, and other agencies for the work. 49. All improvements shall be designed and constructed in accordance with the current edition of the City Design Criteria, Standard Special Provisions, and Standard Drawings. 50. Street, drainage and utility improvements shall be submitted on City standard improvement plan formats. All of the plan sheets shall be prepared by California licensed professionals responsible for the designs shown on the Plans. 51. The entry gate, when fully opened, shall stay clear of the travel path of vehicles making right turns into the Tract. 52. All on -site drainage, sanitary sewer, water, and electrical systems shall be owned, operated, and maintained by the Homeowners Association. 53. There are existing drainage outlets within the existing bulkheads that discharge on -site runoff into the Bay. Submit details on the disposition of these existing drainage outlets. If these outlets are to remain in place, submit details as to how these outlets will be modified to meet the City's on -site runoff retention water quality requirements. 54. Details shall be provided as to how the development will comply with the City's water quality and on -site non -storm runoff retention requirements. 55. All storm drain and sanitary sewer mains shall be installed with MacWrap. 56. ADA compliant curb access ramps shall be constructed at all interior curb returns. 57. Each dwelling unit/building shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 58. The intersection of the driveways with Bayside Drive shall be designed to provide sight distance for a secondary roadway per City of Newport Beach Standard Drawing STD - 110 -L. Slopes, landscaping, walls, signs and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height and the monument identification sign must be located outside the line of sight cone. The sight distance may be modified at non - critical locations, subject to approval by the Traffic Engineer. 59. The project shall provide 45 feet of vehicle stacking distance prior to the entry call box measured from the property line. Two entry lanes shall be provided, one lane for guest call box use and one for residential use. 60. Provide details on the vehicular turnaround area for garaged vehicles exiting Lots No. 3, No. 9 and Lot No. 15 and revise as required by the City Engineer. 61. On -site parking, vehicular circulation and pedestrian circulation system shall be subject to further review by the City Traffic Engineer. 62. Provide Class III standpipe system at existing dock. Remove 2'% connections at the bulkhead. 63. Provide fire department connection for docks on Bayside Drive. Fire Department connection shall be located within 150 feet of a public hydrant on same side of street. 64. Automatic fire extinguishing system required for residential units when the total floor area exceeds 5,000 square feet. 65. Minimum width at entrance shall be 14 feet clear; preliminary plans shows less than 14 feet at two locations. 66. Turning radius for fire apparatus shall not be less than 20 feet inside radius and 40 feet outside radius. Show on plan. 67. Any obstructions in required fire access roadways, including speed bumps and speed humps, are prohibited. 68. Provide on -site public fire hydrants. 69. Prior to the issuance of rading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City policies. 70. Prior to the issuance of grading /building permits, the final design of all required off -site right of way improvements shall be reviewed and approved by the Public Works Department and Traffic Engineer. 71. Prior to the issuance of grading permits, the applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large vehicles. The plan shall include a haul route plan for review and approval of the Public Works Department. Said plan shall specify the routes to be traveled, times of travel, total number of trucks, number of trucks per hour, time of operation, and safety /congestion precautions (e.g., signage, flagmen). Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 72. Prior to the issuance of individual building permits, the applicant shall provide designs for building foundations and slabs appropriate to mitigating liquefaction hazard. 73. Prior to the issuance of grading, the applicant shall provide results from an inspection by a qualified engineer indicating the condition of the bulkheads and tiebacks and make repairs to same as necessary. 74. Prior to the issuance of a grading permit, a Stormwater Pollution Prevention Plan ( SWPPP) shall be prepared and approved by the City of Newport Beach as the local permitting agency in accordance with the requirements of the Regional Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to eliminate and /or minimize stormwater pollution prior to, and during construction. The SWPPP shall require construction to occur in stages and stabilized prior to disturbing other areas and require the use of temporary diversion dikes and basins to trap sediment from run -off and allow clarification prior to discharge. 75. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the City. 76. Prior to the issuance of a grading permit, the applicant shall obtain a NPDES permit. The applicant shall incorporate storm water pollutant control into erosion control plans using BMPs to the maximum extent possible. Evidence that proper clearances have been obtained through the State Water Resources Control Board shall be given to the Building Department prior to issuance of grading permits. 77. Prior to the issuance of a grading permit, the applicant shall submit evidence to the City Building Official that the applicant has obtained coverage under the NPDES statewide General Construction Activity Stormwater Permit from the State Water Resources Control Board. 78. Prior to issuance of a grading permit, the project applicant shall document to the City of Newport Beach Building Department that all facilities will be designed and constructed to comply with current seismic safety standards and the current City - adopted version of the Uniform Building Code. 79. Prior to issuance of a grading permit, a geotechnical report shall be submitted with construction drawings for plan check. The Building Department shall ensure that the project complies with the geotechnical recommendations included in the "Geotechnical Investigation" (Petra, 2004), as well as additional requirements, if any, imposed by the Newport Beach Building Department. 80. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified archaeologist has been retained to observe grading activities and conduct salvage excavation of archaeological resources as necessary. The archaeologist shall be present at the pre - grading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and /or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. 81. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Department that a qualified paleontologist has been retained to observe grading activities and salvage fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of fossils. If major paleontological resources are discovered which require long term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and /or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. 82. Prior to the issuance of a building permit, a detailed acoustical analysis shall be prepared by a qualified acoustical consultant and submitted to the City. This acoustical analysis shall describe and quantify the noise sources impacting the area and the measures required to meet the 65 CNEL exterior residential noise standard. The final grading plans shall incorporate the noise barriers required by the analysis and the property owner /developer shall install these barriers. 83. , Prior to the issuance of a grading or building demolition permit, the applicant shall submit an asbestos abatement and removal plan to the City Building Official for approval. The abatement and removal plan shall comply with notification and asbestos removal procedures outlined in SCAQMD Rule 1403 to reduce asbestos related health issues. 84. Prior to the issuance of a demolition permit, the applicant shall submit a lead - based paint abatement and removal plan in accordance with all applicable federal, state, and local regulatory requirements to the City Building Official for approval. 85. Prior to the issuance of a grading or building permit, the applicant shall submit an Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City Building Official, to demonstrate compliance with local and state water quality regulations for grading and construction activities. The ESCP shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into local drainages or coastal waters by wind, rain, tracking, tidal erosion, or dispersion. The ESCP shall also describe how the applicant will ensure that all Best Management Practices (BMPs) will be maintained during construction of any future public right -of -ways. A copy of the current ESCP shall be kept at the project site and be available for City of Newport Beach review on request 86. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect for review and subsequent approval by the Planning Director upon determination that the landscape plan is consistent with City standards and policies. The landscape and irrigation plan shall include landscaping and irrigation within the Bayside Drive right -of -way between the back of public sidewalk and the boundary of the Tract Map. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department, General Services Department and Public Works Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 87. Prior the issuance of a building permit, the project shall be reviewed by the Building Department to verify compliance with the following requirements: a. Project design must comply with the 1997 Uniform Building Code (UBC) seismic design criteria. b. Structure setback must comply with either the 1997 Uniform Building Code (UBC) or the Orange County Grading Manual. c. Any imported soil for general grading shall have an Expansion Index of less than 60. d. Control site drainage. e. Design footing embedments to resist the effects of expansive soil. f. Maintain a proportionately high dead load component on foundations. g. Over - excavate and moisture soils condition below foundations, floor slabs and hardscape. h. Use of articulation and reinforcement of concrete slabs and footings. i. Use of rigid foundation and floor slabs. 88. Prior to the issuance of a building permit, the project shall be reviewed by the Building Department to verify compliance with the following requirements: a. Provide on -site hydrants; b. All gates to property shall be automatic and provided with opticom and knox key. 89. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping materials and irrigation systems have been installed in accordance with the approved plans. 90. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare as specified in these conditions. 91. During construction of the proposed improvements: a. construction vehicles shall not block roadways on any roads adjacent to the project site or any of the roads leading to or from the project site; b. construction equipment will be properly maintained at an off -site location and includes proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on -site during construction; C. all contractors will be advised not to idle construction equipment on site for more than ten minutes; d. on -site diesel fueled construction equipment will be fueled with aqueous diesel fuel; e. cover all trucks hauling soil, sand, and other loose materials, or require all trucks to maintain at least two feet of freeboard; f. pave, water (three times daily), or apply non -toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites; g. sweep all paved access roads, parking areas, and staging areas at construction sites daily with water sweepers; h. Sweep streets daily with water sweepers if visible soil material is carried onto adjacent public streets; L Hydro seed or apply non -toxic stabilizers to inactive construction areas; j. enclose, cover, water (twice daily), or apply non -toxic soil binders to exposed stockpiles (dirt, sand, etc.); k. limit traffic speeds on unpaved roads to 15 miles per hour; I. install sandbags or other erosion control measures to prevent silt runoff to public roadways during; M. replant vegetation in disturbed areas as quickly as possible; n. all construction equipment shall be properly tuned and maintained; o. contractors shall maintain and operate construction equipment so as to minimize exhaust emissions; P_ trucks and vehicles in loading or unloading queues shall not idle; q. construction activities shall be staged and scheduled to avoid emissions peaks, and discontinued during second -stage smog alerts 92. During construction of the proposed improvements, in accordance with Public Resources Code 5097.94, if human remains are found, the Orange County coroner must be notified within 24 hours of the discovery. If the coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacramento to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. 93. The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the issuance of a Building Permit. 94. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 95. Prior to issuance of any Certificate of Occupancy, applicant shall provide an agreement, in form acceptable to the City Attorney, which provides for maintenance of landscaping within the Bayside Drive right -of -way between the back of public sidewalk and the boundary of the Tract Map. The agreement shall include right of entry to the right -of -way for the benefit of the applicant, the Homeowners association, and any successors for purposes of maintaining the landscaping. 96. Prior to issuance of any Certificate of Occupancy, applicant shall complete construction of public access improvements including the walkway along Promontory Bay, the on -land and cantilevered walkway across and along the bulkhead, and the ramp connecting this walkway to the existing floating walkway. 97. Prior to issuance of a Certificate of Occupancy for the first dwelling constructed in the tract, applicant shall provide an agreement, in form acceptable to the City Attorney, which provides for maintenance of the pedestrian accessways on Lot "B ", for the ramp extending from such accessways to the floating dock, for the floating dockway, and for related improvements by the Homeowners Association. The agreement shall include right -of -entry to the City's property for the benefit of the applicant, the Homeowners Association, and any successors for purposes of maintaining the improvements. 98. Prior to issuance of any Certificate of Occupancy, applicant shall provide a disclosure statement, in form acceptable to the City Attorney and to the Planning Director, which shall be provided to each prospective lessee of one of the 17 lots in the subdivision advising of the potential noxious characteristics of the nearby boatyard which could adversely affect the prospective lessee's enjoyment of the property. The disclosure statement shall be included and recorded with the Conditions, Covenants, and Restrictions at the County Recorder's Office and each lessee shall be required to acknowledge receipt of the disclosure statement, in writing, prior to executing a lease and the written acknowledgement shall be recorded together with the lease agreement with the County Recorder. 99. Prior to recordation of the Final Tract Map, applicant shall provide an instrument, in form acceptable to the City Attorney, dedicating an easement for public access over and across the on -land and cantilevered walkway on the bulkhead at the southerly boundary of the Tract, the pedestrian ramp extending from the walkway on the bulkhead to the floating walkway, and that portion of the floating walkway shown on the Tract Map and necessary to provide pedestrian access from the pedestrian ramp to the floating dockway on the adjacent property to the east. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, Deputy City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2006 -20 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14th day of March 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of March 2006.