HomeMy WebLinkAbout2006-2 - Santa Barbara Condominiums - PA2004-169RESOLUTION NO. 2006- 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ADOPTING MITIGATED NEGATIVE DECLARATION (SCH NO. 2005-
071067) AND APPROVING GENERAL PLAN AMENDMENT NO. 2004 -005,
LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT NO. 2005-
001, TENTATIVE PARCEL MAP NO. 2005 -014, TENTATIVE TRACT MAP NO.
2004 -004 (16774), TRAFFIC STUDY NO. 2005 -002 AND COASTAL
RESIDENTIAL DEVELOPMENT PERMIT NO. 2005 -004 FOR PROPERTY
LOCATED AT 900 NEWPORT CENTER DRIVE (PA 2004 -169)
WHEREAS, an application was filed by Lennar Homes with respect to property located
at 900 Newport Center Drive, and legally described as Parcel 1, as per map filed in Book 75
pages 33 and 34 of parcel maps, in the office of the County Recorder to construct 79 residential
condominiums on a 4.25 -acre site presently developed with tennis courts operated by the
adjacent Newport Beach Marriott Hotel. The applicant requests approval of: a General Plan
Amendment and an Amendment of the 1990 Local Coastal Plan Land Use Plan (LCPLUP) to
change the land use designations of the 4.25 -acre site from Administrative, Professional &
Financial Commercial to Multiple - Family Residential; an Amendment of the 2004 LCPLUP to
change the land use designation from Visitor - Serving Commercial (CV -B) to Medium Density
Residential C (RM -C); a Zone Change to rezone the subject property from APF to the PC
District; adopt a Planned Community Development Plan to establish permitted use and
development regulations; consider a waiver of the 10 -acre minimum land area requirement for
Planned Community District adoption; a Parcel Map to subdivide the subject property from the
hotel development for financing and development purposes; a Tract Map for the condominium
ownership (79 residential units); a Traffic Study pursuant to the Traffic Phasing Ordinance
(TPO) and a Coastal Residential Development Permit regarding the provision of affordable
housing in accordance with the Municipal Code and the General Plan Housing Element.
WHEREAS, on November 3, 2005, the Planning Commission held a noticed public
hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California
at which time the project applications, the Mitigated Negative Declaration and comments
received thereon were considered. Notice of time, place and purpose of the public hearing
was given in accordance with law and testimony was presented to, and considered by, the
Planning Commission at the hearing. With a vote of 6 ayes (one recused), the Planning
Commission recommended approval of the above - mentioned applications to the City Council.
WHEREAS, the property is located in the Block 900 — Hotel Plaza of the Newport
Center (Statistical Area L1) of the Land Use Element and has a land use designation of
Administrative, Professional & Financial Commercial (APF) and zoned APF (Administrative,
Professional, Financial).
WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City
Council held a noticed public hearing on November 22, 2005, which was continued to
December 13, 2005 without testimony, to consider the proposed applications and the
recommendations of the Planning Commission.
Page 2 of 21
WHEREAS, a General Plan Amendment and an Amendment of the 1990 Local Coastal
Plan Land Use Plan (LCPLUP) to change the land use designations of the site from
Administrative, Professional & Financial Commercial to Multiple - Family Residential is necessary
as the proposed residential use is not permitted in the APF designation. A change in land use
would result in a 4.25 -acre reduction in land available to be potentially used for office uses
consistent with the APF designation. However, within the Newport Center, there is
approximately 200 acres designated APF and the two percent (2 %) reduction proposed by
the project is not a significant reduction.
WHEREAS, the residential condominium project is consistent with the proposed Multi -
Family Residential land use designation. The proposed residential condominium project
would be compatible with the residential developments to the south and northeast of the site.
The proposed project is viewed as incompatible with the office uses across Santa Barbara
Street and is also compatible with the adjacent hotel and golf course
WHEREAS, the 2004 LCP Land Use Plan designates the site for Visitor Serving
Commercial uses. This designation was applied due to the existing use of the Marriott Hotel
complex. A change in land use designation from CV -B (Visistor- Serving Commercial) to RM -C
(Medium Density Residential C) is necessary for the proposed residential development. The
change in land use designation will reduce the land available for visistor- serving commercial
uses by 4.25 acres. Although this reduction in area would occur, the opportunity to construct the
remaining hotel room entitlement of 79 rooms would not be lost and they could be constructed
nearby within a portion of Newport Center within the Coastal Zone.
WHEREAS, Section 30250(a) of the California Coastal Act (CCA) provides criteria for
the location of new development. The Coastal Act provides for the protection of coastal
resources by requiring that new development be located in close proximity to existing
development with available public services to minimize the impacts associated with the
extension of infrastructure and services. The project is located within Newport Center, which
is a development area with all public services (utilities, roads, police, fire etc.) presently
provided.
WHEREAS, Section 30252(4) requires new development within the Coastal Zone to
provide adequate parking facilities or provide substitute means of serving the development with
public transportation. The proposed development provides an adequate number of on -site
parking spaces. The project also will be conditioned so that the parking structures will have
adequate dimensions, clearances, and access to insure their proper use.
WHEREAS, Section 30212, requires public access must be provided from the nearest
public roadway to the shoreline and along the coast in new development. The subject property
is not adjacent to the ocean or bay; therefore, coastal access easements are not required.
WHEREAS, Section 30222 requires the use of private land suitable for visitor - serving
commercial recreational facilities for coastal recreation must have priority over private
residential, general industry, or general commercial development Although, the change in land
use designation will reduce the land available for visistor serving commercial uses by 4.25
acres; the opportunity to construct the remaining hotel room entitlement of 79 rooms would not
Page 3 of 21
be lost and they could be constructed nearby within the portion of Newport Center that is located
within the Coastal Zone.
WHEREAS, the City's General Plan indicates that the City shall maintain suitable and
adequate standards for landscaping, sign control, site and building design, parking and
undergrounding of utilities and other development standards to ensure that the beauty and
charm of existing residential neighborhoods are maintained, that commercial and office
projects are aesthetically pleasing and compatible with surrounding land uses. The proposed
PC Text contains one classification of land use and provides the development standards for
the entire subject property. The draft PC Text contains development regulations for the
subject site which includes definitions and information concerning requirements for
development site coverage, building height, setbacks, off - street parking, vehicular access,
signing, lighting, storage, and screening and landscaping to ensure that the project would be
compatible with the surrounding land uses consistent with the objectives of the Land Use
Element.
WHEREAS, to be consistent with the Housing Programs 2.2.1 and 2.2.3 of the City's
Housing Element, the project is required to provide a minimum of 20% of the total units (16
units) for affordable income households for a minimum of 30 years. The applicant is
requesting that the affordable housing provision be off -site, at an approved location within the
City, as affordable housing is not feasible at the subject site. According to the applicant, the
project's Home Owner's Association fees are expected to be a minimum of $1,500 per
month, which is a substantial multiple of the statutory mortgage payment limits for affordable
housing when combined with acquisition costs and taxes. With this provision, the applicant
will be required to enter into an agreement with the City to provide said units off -site within
the City's limits. The agreement will be reviewed and approved by the City Attorney and will
be executed prior to the recordation of tract map or the issuance of a building or grading
permit for the proposed project.
WHEREAS, an approval of the project is implementing Housing Program 3.2.4 that
allows the City to consider and approve rezoning of property from non - residential to
residential uses when appropriate to extend housing opportunities to as many renter and
owner occupied households as possible in response to the demand for housing in the City.
WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to
be reviewed to determine if the square footage, peak hour vehicle trip or dwelling units
thresholds have been exceeded and a vote by the public is required. This project has been
reviewed in accordance with Council Policy A -18 and a voter approval is not required as the
project represents an increase of 39 — A.M. and 35 — P.M. peak hour trips for a new 79
dwelling unit development. These increases, when added with 80% of the increases
attributable to two previously approved amendments, result in a total of 47 — A.M. peak hour
trips and 43.8 — P.M. peak hour trips; 3,640 square feet of non - residential floor area and 79
dwelling units do not cumulatively exceed Charter Section 423 thresholds for a vote.
WHEREAS, the project is located within Newport Center where public services and
infrastructure are available to serve the proposed development. Additionally, all applicable
improvements required by Section 19.28 (Subdivision Improvements) of the Subdivision Code
are to be satisfied by the applicant.
Page 4 of 21
WHEREAS, the parking requirement for a multiple - family residential zoned project is
two spaces per unit, including one covered, plus 0.5 spaces for guest parking for
developments of four or more units. A total of 158 spaces are required for the residences and
a minimum of 40 spaces are required for guest parking. A total of 201 spaces are proposed
to serve the project, and therefore, the project meets the parking requirements of the
Municipal Code. In addition to the provision of adequate on -site parking, the project is
conditioned that the parking designs meet all City requirements regarding parking stall width,
depth, grade, and aisle- turning radii.
WHEREAS, pursuant to Section 19.12.070 of the City Subdivision Code, the following
standard findings must be made to approve the Tentative Parcel Map and Tract Map.
1. The proposed Tentative Maps are consistent with the Newport Beach Subdivision
Code (Title 19) and applicable requirements of the Subdivision Map Act. Conditions of
approval have been included to ensure compliance with Title 19 and the Subdivision
Map Act.
2. Lot 1 of the Parcel Map is being proposed for the residential development and is of
sufficient size for the intensity of development and the site is physically suitable for the
project. The project provides an adequate number of parking spaces as required by
the Zoning Code. Access to the site can be provided through the proposed driveways
along Santa Barbara Drive. Additionally, no earthquake faults were found on -site.
There is no known incidence of landslide, lateral spreading, subsidence, liquefaction,
or collapse on -site or near the site; however, existing soils will be required to be
excavated and re- compacted to create stable soil conditions to support the proposed
development. The implementation of mitigation measures identified in the draft
Mitigated Negative Declaration would reduce any potential impacts. The site is,
therefore, physically suitable for development.
3. Lot 2 of Parcel Map is proposed to retain a General Plan land use designation of
Administrative, Professional & Financial Commercial. Lot 2 is not proposed for new
development and this parcel will continue to be used as a hotel and it is of sufficient
size to support its existing use.
4. Under the proposed Parcel Map, Lot 2 does not include any improvements and the
development of Lot 1 as a residential use is not expected to cause serious public
health problems given the use of typical construction materials and practices. No
evidence is known to exist that would indicate that the proposed subdivisions will
generate any serious public health problems. All mitigation measures will be
implemented as outlined in the Mitigated Negative Declaration to ensure the protection
of the public health.
5. No public easements for access through, or use of, the property have been retained
for the use by the public at large. Public utility easements for utility connections that
serve the project site are present and will be modified, if necessary, to serve the
proposed project.
Page 5 of 21
6. Title 24 of the Uniform Building Code requires new construction to meet minimum
heating and cooling efficiency standards depending on location and climate. The
Newport Beach Building Department enforces Title 24 compliance through the plan
check and field inspection processes.
7. The proposed subdivision facilitates the creation of 79 new residential units. The
provision of 16 affordable units will assist the City in meeting its housing needs as
identified in the Regional Housing Needs Assessment. Public services are available to
serve the proposed development of the site and the Mitigated Negative Declaration
prepared for the project indicates that the project's potential environmental impacts are
expected to be less than significant.
8. Waste discharge into the existing sewer system will be consistent with residential use
of the property which does not violate Regional Water Quality Control Board (RWQCB)
requirements.
9. The proposed subdivision is entirely within the coastal zone and the site subject to the
tentative maps is not presently developed with coastal - related uses, coastal -
dependent uses or water - oriented recreational uses. The project is consistent with the
City's 1990 Local Coastal Program Land Use Plan and the recently modified and
approved LCPLUP that will replace the 1990 certified LUP. The subject site to be
subdivided does not abut the ocean or bay, and does not provide public access to
coastal resources; therefore, no impacts to coastal access are anticipated. Recreation
policies of the Coastal Act require that site resources for water - oriented recreational
activities that cannot be supplied inland must be protected. These policies prioritize
water- oriented recreational activities over other land uses and encourage aquaculture
and water - oriented recreational support facilities. The project site proposed to be
subdivided is not suitable for water - oriented recreational activities due to its size and
location, approximately 1.5 miles from the shoreline.
WHEREAS, the entire project is located within the Coastal Zone and requests the
construction of 79 units. Pursuant to Chapter 20.86 of the Zoning Code, when a project
proposes to create 10 or more units within the coastal zone, affordable housing must be
included within the project unless it can be determined infeasible. The Housing Element of the
General Plan determines the number and type of affordable housing that is required. In
accordance with the Housing Element, 16 affordable housing units would be required to be
provided.
WHEREAS, a Traffic Study has been prepared by Kunzman Associates under the
supervision of the City Traffic Engineer pursuant to the TPO and its implementing guidelines
(Appendix D of the Mitigated Negative Declaration), CEQA analysis for cumulative projects and
intersection capacity utilization (ICU), and General Plan analysis. The project will result in a net
increase of 330 new average daily trips, 42 vehicle trips during morning (AM) peak hour and 39
vehicle trips during the afternoon (PM) peak hour. The study concluded that the proposed
project will not cause a significant impact at the study area intersections; therefore, no
improvements are required at these intersections.
Page 6 of 21
WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been
prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA
Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment
between July 15 and August 15, 2005. Comments were received from the California Coastal
Commission, Airport Land Use Commission and Mr. Terek Saleh of Costa Mesa. The
contents of the environmental document, including comments on the document, have been
considered in the various decisions on this project. Since then, it was determined that the
most appropriate zoning designation for the property would be PC (Planned Community).
This new zoning designation does not affect the size, scope or design of the project that
would potentially create additional physical environmental impacts. As result, it has been
determined that the MND adequately describes the potential impacts of the project and does
not require additional recirculation and review of the MND. An addendum has been prepared
to address the change in the zoning designation and made it a part of the MND.
WHEREAS, on the basis of the entire environmental review record, the proposed
project will have a less than significant impact upon the environment and there are no known
substantial adverse affects on human beings that would be caused. Additionally, there are no
long -term environmental goals that would be compromised by the project, nor cumulative
impacts anticipated in connection with the project. The mitigation measures identified are
feasible and reduce potential environmental impacts to a less than significant level. The
mitigation measures are applied to the project and are incorporated as conditions of approval.
WHEREAS, General Plan Amendment No. 2004 -005, Planned Community Development
Plan No. 2005 -003, Tentative Parcel Map No. 2005-014, Tentative Tract Map No. 2004 -004
(16774), Traffic Study No. 2005 -002 and Coastal Residential Development Permit No. 2005 -004
shall only become effective upon the approval of LCP Land Use Plan Amendment No. 2005 -001
by the Califomia Coastal Commission.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport
Beach does hereby adopt Mitigated Negative Declaration (SCH No. 2005 - 071067); approve
General Plan Amendment No. 2004 -005 by amending the Land Use Element, Statistical Area
L1, Block 900 -Hotel Plaza and the Estimated Growth for Statistical Area L1 Table of the General
Plan as depicted in Exhibit "A" and Land Use map in Exhibit "B ", LCP Land Use Plan
Amendment No. 2005 -001 by revising Land Use map as depicted in Exhibit "C, Tentative
Parcel Map No. 2005 -014, Tentative Tract Map No. 2004 -004 (16774), Traffic Study No. 2005-
002 and Coastal Residential Development Permit No. 2005 -004, subject to the conditions of
approval listed in Exhibit "D"
Page 7 of 21
This resolution shall take effect immediately upon adoption. Passed and adopted by the City
Council of Newport Beach at a regular meeting held on the 10th day of January 2006 by the
following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
Heffernan, Selich, Rosansky, Ridgeway, Daigle,
Nichols, Mayor Webb
None
ABSENT. COUNCIL MEMBERS
ATTEST:
I '
CITY CLERK
-Lip
None
Page 8 of 21
Exhibit "A"
THE FOLLOWING CHANGES WILL BE MADE TO THE LAND USE ELEMENT AND OTHER
PROVISIONS OF THE LAND USE ELEMENT SHALL REMAIN UNCHANGED:
10. Block 900 - Hotel Plaza. This area is bounded by Newport Center Drive, the Balboa
Bay Tennis Club, the Newport Beach Country Club, Jamboree Road and Santa Barbara
Drive. The site is designated for Administrative, Professional and Financial Commercial
and Multi - Family Residential land uses. The allowed development is 611 hotel rooms
with ancillary hotel support facilities and 19,630 sq. ft. of office development [GPA 94 -1
(A)]. The residential sites are allocated 146 dwelling units.
ESTIMATED GROWTH FOR STATISTICAL AREA L
Residential (in
Commercial (in sq.
du's)
ft.)
Existing
Gen. Plan
Projected
Existing
Gen. Plan
Projected
01/01/1987
Projection
Growth
01/01/1987
Projection
Growth
1. Block 0
0
0
0
246,146
432,320
186,174
2. Block 100
0
0
0
196,545
199,095
2,550
3. Block 200
0
0
0
207,781
207,781
0
4. Block 300
0
0
0
130,408
134,908
4,500
5. Block 400
0
0
0
440,118
440,118
0
6. Block 500
0
0
0
377,170
377,170
0
7. Block 600
0
0
0
1,284,134
1,426,634
142,500
8. Block 700
0
0
0
327,671
327,671
0
9. Block 800
0
245
245
253,984
253,984
0
10. Block 900
67
146
79
616,630
625,630
9,000
11. Civic Plaza
0
0
0
365,160
456,710
91,550
12. Corporate Plaza
0
0
0
15,000
115,000
100,000
13. Tennis Club
0
0
0
0
0
0
14. NB Country Club
0
0
0
0
0
0
15. Amling's
0
0
0
3,960
5,000
1,040
16. Villa Point
0
228
228
0
0
0
17. Sea Island
132
132
0
0
0
0
18. Fashion Island
0
0
0
1,603,850
1,633,850
30,000
19. Newport Village
0
0
0
55,000
170,000
115,000
TOTAL
199
751
552
6,123,557
6,805,871
682,314
Population
394
1,331
937
Revised
11/22/2005
Page 9 of 21
Exhibit "B"
PROPOSED CHANGE TO THE GENERAL PLAN LAND USE MAP FROM
ADMINISTRATIVE, PROFESSIONAL, & FINANCIAL COMMERCIAL TO MULTIPLE -
FAMILY RESIDENTIAL.
Page 10 of 21
Exhibit "C"
PROPOSED CHANGE TO THE 1990/2004 LOCAL COASTAL LAND USE MAP FROM
APF /CV -B TO MFR/RM -C
Existing
Land Use Plan
„tFA; 8lnyle+amly Atiaclled
Muhl- Family Residential
Coastal Land
Use Plan
*(Upon adoption of the
2004 LCP /LUP)
It. Low Density Residential
J 4.6- 6DUTAC
Medium Density Residential
6.1 -10 MAC
Medium Density Residential
16.1-20 DUTAC
-R* matlonal a
Envlronme Mal Open Spate Open Spate
-Admin., Professional L Visitor Serving Commmerclal
Financial Commercial
0.6 -1.26 FAR
Subject Site
APF / CV43* to
MFR / RM-C*
0
�EgS
Iv
IV lt�
Page 11 of 21
Exhibit "D"
CONDITIONS OF APPROVAL
Tentative Parcel Map No. 2005 -014, Tentative Tract Map No. 2004 -004 (16774), Traffic
Study No. 2005 -002 (PA2004 -169)
The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. The development shall be in substantial conformance with the approved plans dated
October 29, 2005.
3. Project approvals shall expire unless exercised within 24 months from the effective
date of approval as specified in Section 20.91.050A of the Newport Beach Municipal
Code. Reasonable extensions may be granted by the Planning Director in accordance
with applicable regulations. The Tentative Tract Map shall expire within 36 months
from the date of approval unless extensions are granted prior to expiration in
accordance with the Subdivision Ordinance and Subdivision Map Act.
4. The applicant shall obtain a Coastal Development Permit from the California Coastal
Commission prior to the issuance of any building or grading permit for the project.
The applicant shall provide a minimum of 20% of the total units (16 units) for
affordable income households in accordance with Housing Programs 2.2.1 and 2.2.3
of the Newport Beach Housing Element. The applicant shall enter into an agreement
with the City to provide said units, which units may be provided off -site, at an approved
location within the City. These units shall be identified in the agreement and
constructed and completed prior to the issuance of any certificate of occupancy for the
project. The agreement shall be reviewed and approved by the City Attorney and shall
be executed and recorded prior to the recordation of the final tract map or the issuance
of a building or grading permit for the proposed subdivision.
6. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code.
7. The facility shall be designed to meet exiting and fire protection requirements as
specified by the Uniform Building Code and shall be subject to review and approval by
the Newport Beach Building Department and the Fire Department.
8. The proposed project shall conform to the requirements of the Uniform Building Code,
any local amendments to the UBC, and State Disabled Access requirements, unless
otherwise approved by the Building Department.
Traffic Engineering
9. All parking stall dimensions shall comply with City's Standard Drawings STD - 805 -L -A.
Page 12 of 21
10. The main entry drive with median island shall comply with City Standard STD - 103 -L,
and have a 42' minimum outside radius and a maximum planter /median radius of 7'.
11. Show the locations of any proposed gates/kiosks to the parking areas. A vehicle
turnaround area should be provided prior to gates /kiosk.
12. Driveway /drive aisle slopes shall comply with City Standard STD - 160 -L -C, which
accommodate a 15 percent maximum slope and a maximum change in grade of 11
percent.
13. The entries to both parking areas on Garage Level A shall be modified to
accommodate vehicles entering /exiting and traveling in both directions. Parking stall
dimensions and drive aisle widths shall comply with City Standard STD - 805 -L -A. Dead
end drive aisles shall be accommodated by a turnaround area and a 5 foot
hammerhead. Final plans shall show all ventilation and mechanical equipment.
14. Project shall provide prominent pavement markings and signage to direct individuals to
parking areas and exits.
15. The sharp 90 degree turns into Garage Level B shall be modified to ease access into
and out of both parking areas. Typical ramps to parking areas are terminated into drive
aisle rather than parking stalls. Revise parking /ramp layout as necessary to ease
access to the parking areas (Building 1A & 2A). Parking stall dimensions and drive
aisle widths shall comply with City Standard STD - 805 -L -A. Dead end drive aisles shall
be accommodated by a turnaround area and a 5 foot hammerhead. Final plans shall
show all ventilation and mechanical equipment.
16. The site shall accommodate all deliveries /trash pick up etc. to be handled on -site.
Vehicles shall not be permitted to back out onto Santa Barbara Drive.
17. Project driveway must conform to the City's sight distance standard 110 -L for a speed
of 40 mph. The design shall be reviewed and approved by the City Traffic Engineer.
18. Staging of construction equipment shall not be permitted on the public right -of -way.
19. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
20. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be sound
attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code,
Community Noise Control.
Fire Department
21. All building shall be provided with fire sprinklers.
Page 13 of 21
22. The applicant shall provide an additional fire hydrant at the north end of the lot,
approximately 300 feet from other hydrants.
23. All elevators accommodating gurneys shall be in accordance with Chapter 30 of the
California Building Code.
24. A Class I standpipe shall be provided in lower level parking area, in addition to ones
provided on site.
25. A fire alarm system with fire control room shall be provided adjacent to the turnaround.
26. A dedicated recorded fire department access easement adjacent to the north tower
shall be provided.
27. The hydrant adjacent to the North Tower road shall not be obstructed by fencing.
Access gate adjacent to the hydrant with knox box shall be provided.
28. A Fire Department minimum turning radius shall be 20 feet inside, 42 feet outside. A
40 -foot radius to the face of the rolled curb shall be provided.
29. The applicant shall verify that the proposed easement and Tract Map boundaries are
correctly shown on the submitted Map.
30. Prior to issuance of a building permit, the applicant shall submit documentation that
the Southern California Edison Company (SCE) has agreed to the existing easement
abandonment and that SCE will not need to use the existing easement in the future.
Development Services Engineering
31. A Parcel Map and a Tract Map shall be recorded. The Maps shall be prepared on the
California coordinate system (NAD83). Prior to recordation of the Maps, the
surveyor /engineer preparing the Maps shall submit to the County Surveyor and the
City of Newport Beach a digital - graphic file of said Maps in a manner described in
Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange
County Subdivision Manual, Subarticle 18. The Maps to be submitted to the City of
Newport Beach shall comply with the City's CADD Standards. Scanned images
will not be accepted.
32. Prior to recordation of the Maps, the surveyor /engineer preparing the Maps shall tie
the boundary of the Maps into the Horizontal Control System established by the
County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project.
33. If it is desired to record a Map or obtain a building permit prior to completion of the
public improvements, the Applicant will provide the City through the Public Works
Page 14 of 21
Department with either a refundable deposit or Materials /Labor /Performance bonds to
guarantee satisfactory completion of the required public improvements.
34. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
35. A water demand, a storm drain system capacity, and a sanitary sewer system capacity
study shall be submitted to the Public Works Department along with the first building
plan check submittal. The recommendations of these studies shall be incorporated as
a part of the submitted plans.
36. Street, drainage and utility improvements within the public right -of -way shall be
submitted on City standard improvement plan formats. All of the plan sheets shall be
wet sealed, dated, and signed by the California registered professionals responsible
for the designs shown on said plans.
37. The width of the existing concrete sidewalk fronting the development along Santa
Barbara Drive shall be maintained.
38. The design of the proposed driveway approaches along Santa Barbara Drive shall
provide full ADA accessibility.
39. The proposed northerly driveway approach is located too close to the existing adjacent
street light.
40. The construction plans shall show detailed profile of each of the proposed driveways.
41. The existing street trees and landscaping fronting this development along Santa
Barbara Drive shall be protected in place, unless otherwise approved by the General
Services Department and the Public Works Department.
42. All new landscaping within the public right -of -way shall be approved by the General
Services Department and the Public Works Department.
43. All above ground facilities, street trees, and shrubbery along the Santa Barbara Drive
frontage shall be located outside the sight distance planes per City Standard Plan
STD - 110 -L.
44. The applicant shall submit detail plans for the on -site drainage system(s) to
demonstrate that it will prevent the underground garage from being flooded during
storm events.
45. In case of underground ejection pump malfunction, the applicant shall provide a
backup system to continue the on -site below -grade sanitary sewer system function.
46. The on -site parking, vehicular circulation and pedestrian circulation systems shall be
subject to further review and approval by the Traffic Engineer and any
corrections /modifications shall be made to the satisfaction of the Traffic Engineer.
Page 15 of 21
47. A construction traffic control plan shall be approved by the City prior to the issuance of
the Encroachment Permit. Said plan shall be wet sealed, signed, and dated by a
California Registered Traffic Engineer.
48. County Sanitation District fees shall be paid prior to issuance of any building permits.
49. Prior to the issuance of the building permit, Public Works Department plan check and
inspection fee shall be paid.
50. Prior to the issuance of the building Permit Water Capital Improvement fee shall be
paid.
51. The City of Newport Beach requires all new development and significant
redevelopment projects to prepare and submit a Water Quality Management Plan
(WQMP) to the City for review and approval. Prior to issuance of grading or building
permits, the project applicant shall have an approved final Project WQMP.
52. Prior to the issuance of the grading /building permits, the applicant shall prepare a
construction phasing plan and construction delivery plan that includes routing of large
vehicles. The plan shall include a haul route plan for review and approval of the Public
Works Department. Said plan shall specify the routes to be traveled, times of travel,
total number of trucks, number of trucks per hour, time of operation, and
safety /congestion precautions (e.g., signage, flagmen). Large construction vehicles
shall not be permitted to travel narrow streets and alleys as determined by the Public
Works Department. Traffic control and transportation of equipment and materials shall
be conducted in accordance with state and local requirements.
53. Prior to the issuance of the grading permit, a Stormwater Pollution Prevention Plan
( SWPPP) shall be prepared and approved by the City of Newport Beach as the local
permitting agency in accordance with the requirements of the Regional Water Quality
Control Board (RWQCB). The SWPPP shall include BMPs to eliminate and /or
minimize stormwater pollution prior to, and during construction. The SWPPP shall
require construction to occur in stages and stabilized prior to disturbing other areas and
require the use of temporary diversion dikes and basins to trap sediment from run -off and
allow clarification prior to discharge.
54. Prior to the issuance of the grading permit, the applicant shall prepare a Water Quality
Management Plan (WQMP) specifically identifying the Best Management Practices
(BMP's) that will be used on site to control predictable pollutant runoff. The plan shall
identify the types of structural and non - structural measures to be used. The plan shall
comply with the Orange County Drainage Area Management Plan (DAMP). Particular
attention should be addressed to the appendix section "Best Management Practices
for New Development." The WQMP shall clearly show the locations of structural
BMP's, and assignment of long term maintenance responsibilities (which shall also be
included in the Maintenance Agreement). The plan shall be prepared to the format of
the DAMP title "Water Quality Management Plan Outline" and be subject to the
approval of the City.
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55. Prior to the issuance of the grading permit, the applicant shall obtain a NPDES permit.
The applicant shall incorporate storm water pollutant control into erosion control plans
using BMPs to the maximum extent possible. Evidence that proper clearances have
been obtained through the State Water Resources Control Board shall be given to the
Building Department prior to issuance of grading permits.
56. Prior to the issuance of the grading permit, the applicant shall submit evidence to the
City Building Official that the applicant has obtained coverage under the NPDES
statewide General Construction Activity Stormwater Permit from the State Water
Resources Control Board.
57. Prior to issuance of the gradinq permit, the project applicant shall document to the City
of Newport Beach Building Department that all facilities will be designed and
constructed to comply with current seismic safety standards and the current City -
adopted version of the Uniform Building Code.
58. Prior to issuance of the grading permit, a geotechnical report shall be submitted with
construction drawings for plan check. The Building Department shall ensure that the
project complies with the geotechnical recommendations included in the "Preliminary
Geotechnical Evaluation" (Petra, 2003), as well as additional requirements, if any,
imposed by the Newport Beach Building Department.
59. Prior to the issuance of a grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City
Building Official, to demonstrate compliance with local and state water quality
regulations for grading and construction activities. The ESCP shall identify how all
construction materials, wastes, grading or demolition debris, and stockpiles of soil,
aggregates, soil amendments, etc. shall be properly covered, stored, and secured to
prevent transport into local drainages or coastal waters by wind, rain, tracking, tidal
erosion, or dispersion. The ESCP shall also describe how the applicant will ensure
that all Best Management Practices (BMPs) will be maintained during construction of
any future public right -of -ways. A copy of the current ESCP shall be kept at the project
site and be available for City of Newport Beach review on request.
Mitigation Measures of the Mitigated Negative Declaration
60. Any exposed soil areas shall be watered twice per day during grading activities. On
windy days or when fugitive dust can be observed leaving the project site, additional
applications of water shall be applied to maintain minimum 12 percent moisture
content as defined by SCAQMD Rule 403. Under windy conditions where velocities
are forecast to exceed 25 miles per hour (as ascertained by phone calls to the
SCAQMD), all ground disturbing activities shall be halted until winds are forecast to
abate below this threshold.
61. The proposed Project shall comply with regional rules such as SCAQMD Rules 402
and 403, which would assist in reducing short-term air pollutant emissions. Rule 403
requires that fugitive dust be controlled with best available control measures so that
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the presence of such dust does not remain visible in the atmosphere beyond the
property line of the emission source. Rule 402 requires dust suppression techniques
be implemented to prevent fugitive dust from creating a nuisance off -site. These dust
suppression techniques are summarized as follows:
a. Portions of the construction site to remain inactive longer than a period of three
months shall be seeded and watered until grass cover is grown or otherwise
stabilized in a manner acceptable to the City.
b. All on -site roads shall be paved as soon as feasible or watered periodically or
chemically stabilized.
c. All material transported off -site shall be either sufficiently watered or securely
covered to prevent excessive amounts of dust.
d. The area disturbed by clearing, grading, earthmoving, or excavation operations
shall be minimized at all times.
62. All vehicles on the construction site shall travel at speeds less than 15 miles per hour.
63. All material stockpiles subject to wind erosion during construction activities that will not
be utilized within three days shall be covered with plastic, an alternative cover deemed
equivalent to plastic, or sprayed with a nontoxic chemical stabilizer.
64. Where vehicles leave the construction site and enter adjacent public streets, the
streets shall be swept daily at the end of the work day to remove soil tracked onto the
paved surface. Any visible track -out extending for more than fifty (50) feet from the
access point shall be swept within thirty (30) minutes of deposition.
65. All diesel - powered vehicles and equipment shall be properly operated and maintained.
66. All diesel - powered vehicles and gasoline - powered equipment shall be turned off when
not in use for more than five (5) minutes.
67. The construction contractor shall utilize electric or natural gas - powered equipment
instead of gasoline or diesel - powered engines, where feasible.
68. As much as possible, the construction contractor shall time the construction activities
so as not to interfere with peak hour traffic. To minimize obstruction of through traffic
lanes adjacent to the site, a flag person shall be retained to maintain safety adjacent to
existing roadways, if necessary.
69. The construction contractor shall support and encourage ridesharing and transit
incentives for the construction crew.
70. The construction contractor shall utilize, as much as possible, pre - coated /natural
colored building materials. Water -based or low VOC coatings shall be used that
comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with high
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transfer efficiency, such as the high volume -low pressure (HVLP) paint applicators with
50 percent efficiency or manual coatings application such as paint brush hand roller,
trowel, spatula, dauber, rag, or a sponge shall be used to reduce VOC emissions,
where practical. Additionally, paint application shall use lower volatility paint not
exceeding 100 grams of ROG per liter.
71. If construction equipment powered by alternative fuel sources (LPG /CNG) is available
at comparable cost, the developer shall specify that such equipment be used during all
construction activities on the proposed Project site.
72. The developer shall require the use of particulate filters on diesel construction
equipment if use of such filters is demonstrated to be cost - competitive for use on this
proposed Project.
73. During demolition and excavation, daily total haul trucks shall travel no more than a
cumulative 2,400 miles per day hauling materials from the site to and from the
dumping site.
74. Prior to commencement of demolition and grading, the applicant shall submit to the
City calculations showing the proposed travel route for haul trucks, the distance
traveled, and how many daily truck trips that can be accommodated while keeping the
cumulative miles traveled to below 2,400 miles each day. The daily haul truck trips
shall not exceed 2,400 miles during demolition and excavation activities.
75. Prior to the issuance of the grading permit, the applicant shall provide written evidence
to the Planning Director that a qualified archaeologist has been retained to observe
grading activities and conduct salvage excavation of archaeological resources as
necessary. The archaeologist shall be present at the pre - grading conference, shall
establish procedures for archaeological resources surveillance, and shall establish, in
cooperation with the applicant, procedures for temporarily halting or redirecting work to
permit the sampling, identification and evaluation of the artifacts as appropriate. If
additional or unexpected archaeological features are discovered, the archaeologist
shall report such findings to the applicant and to the Planning Department. If the
archaeological resources are found to be significant, the archaeological observer shall
determine appropriate actions, in cooperation with the applicant, for exploration and /or
salvage. These actions, as well as final mitigation and disposition of the resources,
shall be subject to the approval of the Planning Director.
76. Prior to the issuance of the grading permit, the applicant shall provide written evidence
to the planning director that a qualified paleontologist has been retained to observe
grading activities and conduct salvage fossils as necessary. The paleontologist shall
be present at the pre - grading conference, shall establish procedures for
paleontological resource surveillance, and shall establish cooperation with the
applicant, procedures for temporarily halting or redirecting work to permit the sampling,
identification and evaluation of fossils. If major paleontological resources are
discovered which require long term baiting or redirecting of grading, the paleontologist
shall report such findings to the applicant and to the Planning Department. The
paleontologist shall determine appropriate actions, in cooperation with the applicant,
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which ensure proper exploration and /or salvage. These actions, as well as final
mitigation and disposition of the resources, shall be subject to the approval of the
Planning Director.
77. During construction of the Proposed improvements, in accordance with Public
Resources Code 5097.94, if human remains are found, the Orange County coroner
must be notified within 24 hours of the discovery. If the coroner determines that the
remains are not recent, the coroner will notify the Native American Heritage
Commissions in Sacramento to determine the most likely descendent for the area. The
designated Native American representative then determines, in consultation with the
property owner, the disposition of the human remains.
78. In areas where compacted fill will be required to establish design grades, and in design
cut areas where the depth of the proposed cut does not exceed the thickness of the
existing unsuitable surficial soils, on -site surficial soils shall be excavated and
recompacted to create stable soil conditions and correct poor slope performance.
79. During grading activities, where cut - to-fill transitions exist following remedial grading, they
shall be eliminated by over - excavating the "cut' portions of the building pads and
replacing the excavated material as properly compacted fill. See Mitigation Measure 3.6.
B of the Mitigation Monitoring and Reporting Program for further detail and
requirement.
80. During remedial grading and construction of the proposed subterranean parking areas
and associated improvements, temporary excavations with sidewalls varying up to
approximately 13 feet in height may be necessary. Temporary excavation sidewalls
will require sloping back at a ratio of approximately 12:1, horizontal to vertical. Flatter
inclinations may be required locally should excessive caving be observed during
grading. See Mitigation Measure 3.6.0 of the Mitigation Monitoring and Reporting
Program forfurther detail and requirement.
81. Construction activities shall be confined to the hours of 7:00 a.m. and 6:30 P.M. on
weekdays and on Saturdays between the hours of 8:00 a.m. and 6:00 p.m.
82. Equipment mufflers for construction equipment shall be used at all times.
83. Idling of construction vehicles and equipment shall be limited to the extent feasible.
Construction vehicles and equipment shall be properly operated and maintained and
shall be turned off when not in use for more than five (5) minutes.
84. Prior to issuance of the building permit, school impacts fees will be paid to the Building
Department to assist in funding school facility expansion and educational services to
area residents.
85. Sight distance at the proposed Project accesses shall be reviewed with respect to City
of Newport Beach standards in conjunction with the preparation of final grading,
landscape, and street improvement plans.
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86. On -site traffic signing and striping should be implemented in conjunction with detailed
construction plans for the proposed Project.
87. Periodically review of traffic operations in the vicinity of the proposed shall be made by
the Public Works Department to assure that the traffic operations are satisfactory once
the proposed project is constructed.
88. The parking design shall meet all City requirements regarding parking stall width,
parking stall depth, parking aisle grade, and parking aisle- turning radii.
89. Each parking level shall have large numbers on the pillars or walls designating on
which floor level the user has parked. Letters can also be added to designate what
area within a parking level the person has parked.
90. New landscaping shall incorporate drought - tolerant plant materials and drip irrigation
systems, wherever possible.
91. Water leaving the project site due to over - irrigation of landscape, shall be minimized. If
an incident such as this is reported, a representative from the Code and Water Quality
Enforcement Division of the City Manager's Office shall visit the location, investigate,
inform resident if possible, leave a note and in some cases shut -off the water.
92. Watering should be done during the early morning or evening hours to minimize
evaporation (between 4:00 p.m. and 9:00 a.m., the following morning).
93. All leaks shall be investigated by a representative from the Code and Water Quality
Enforcement Division of the City Manager's Office and the applicant shall complete all
required repairs.
94. Water should not be used to clean paved surfaces, such as sidewalks, driveways,
parking areas, etc., except to alleviate immediate safety or sanitation hazards.
95. Reclaimed water shall be used wherever available, assuming it is economically
feasible.
96. Installation of Ultra -Low Flush Toilets (ULFT) in the residential units.
97. Prior to the issuance of the building permit, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and the
plans shall be approved by the Planning Department, General Services Department
and Public Works Department. All planting areas shall be provided with a permanent
underground automatic sprinkler irrigation system of a design suitable for the type and
arrangement of the plant materials selected. The irrigation system shall be adjustable
based upon either a signal from a satellite or an on -site moisture - sensor. Planting
areas adjacent to vehicular activity shall be protected by a continuous concrete curb or
similar permanent barrier. Landscaping shall be located so as not to impede vehicular
sight distance to the satisfaction of the Traffic Engineer.
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98. All landscape materials and landscaped areas shall be installed and maintained in
accordance with the approved landscape plan. All landscaped areas shall be
maintained in a healthy and growing condition and shall receive regular pruning,
fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and
debris. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
99. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an
inspection by the Code and Water Quality Enforcement Division to confirm that all
landscaping materials and irrigation systems have been installed in accordance with
the approved plans.
100. The applicant shall be responsible for the payment of all administrative costs identified by
the Planning Department within 30 days of receiving a final notification of costs or prior to
the issuance of a Building Permit.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2006 -2 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 10�h day
of January 2006, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 11th day of January 2006.
(Seal)
City Clerk
Newport Beach, California