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HomeMy WebLinkAbout19 - Final Tract Map No. 15479, Bonita Canyon Located North of Bonita Canyon Drive and East of Battersea; Planning Area 26 (Bonita Canyon)�Ewcpgr CITY OF NEWPORT BEACH Hearing Date: January 25, 1999 p` a COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 19 PLANNING DEPARTMENT Staff Person: Scot E. Ferris eoa' 3300 NEWPORT BOULEVARD 644 -3231 NEWPORT BEACH, CA 92658 (714) 644-3200: FAX (P4) 644-3250 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Final Tract Map No. 15479, Bonita Canyon Located North of Bonita Canyon Drive and East of Battersea; Planning Area 26 (Bonita Canyon). ACTION: Approve Final Map of Tract 15479 with the finding and subject to the condition of approval set forth in the attached Exhibit "A ". LEGAL DESCRIPTION: Lots 1 -39 and Lettered Lots "A" through "J" of Tract 15479 ZONE: PC (Bonita Canyon) OWNER: The Irvine Company Points and Authority • Final Map procedures are set forth in Chapter 19.16 of the Municipal Code. bo IE VICINITY MAP rr40ZMA Final Tract Map No. 15479 1 Subject Property and Surrounding Land Uses Current Development: Graded Vacant Lot To the north: Is the S.J.H.T.C. To the east: Vacant Land To the south: Are Single Family Residential Homes with Vacant Land Beyond To the west: Are Single Family Residential Homes. Page 2 Background On January 12, 1998 the Newport Beach City Council approved a resolution to amend its sphere of influence to include Planning Areas 26, 27 and 28, and to annex Planning Area 26A (Bonita Canyon). The City Council also approved a development agreement with the Irvine Company and an Agreement Respecting Detachment/Annexation of Planning Area 26A with the City of Irvine. These agreements provide for the orderly transition of development responsibilities from Irvine to Newport Beach as land development takes place. At its meeting of October 2, 1997, the City of Irvine Planning Commission approved Tentative Tract Map No. 15479 for the subdivision of Lots 18 and 20 of Tract 15317 into 103 numbered lots and 18 lettered lots for the development of 103 single family detached dwelling units (a copy of the staff report is attached). Final Tract Map 15479 records a 14.44 acre portion of the approved Tentative Tract Map, which is being developed with 39 numbered lots, and 10 lettered lots for 39 single family detached dwelling units. The balance of the Tentative Tract Map area will be subject to additional Final Map approvals. A copy of the previously prepared environmental document and traffic study are available in the Planning Department for review of Planning Area 26 (Bonita Canyon). Proposed Final Tract Map and Recommendation Procedures in Section 19.16.150 of the Municipal Code provide that if the City Council determines that a Final Map is in conformity with the Tentative Map and is satisfied with the plan of subdivision, it shall approve the map. The City of Newport Beach Planning and Public Works Departments have reviewed the Final Map of Tract Number 15479 and are satisfied with the plan of the subdivision. In addition, the required Subdivision Agreement and bonding have been submitted to and approved by the Public Works Department for the on -site improvements. Staff is of the opinion that the Final Map conforms with the approved Tentative Map and therefore, recommends approval of the Final Map, with the finding and condition set forth in the attached Exhibit "A ". Staff has not included an exhibit for denial, since the Final Map conforms with the tentative map. Submitted by: SHARON Z. WOOD Assist t City Manager Prepared by: SCOT E. FERRIS Associate Planner Attachments: Exhibit "A" Excerpt of City of Irvine Planning Commission Staff Report dated January 2, 1997 Final Map of Tract No. 15479 Attachments available in the Planning Department: Environmental Impact Report for Planning Area 26 (SCH #95091032) Page 3 EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR FINAL TRACT MAP NO. 15479 Final Map of Tract No. 15479 Finding: That the Final Map of Tract No. 15479 substantially conforms to the Tentative Map of said Tract, with all changes permitted and all requirements imposed as conditions to its acceptance. Condition: That all conditions imposed by the City of Irvine Planning Commission in conjunction with its approval of the Tentative Map of Tract No. 15479 shall be fulfilled. Page 4 PLANNING COMMISSION RESOLUTION NO. 97 -1969 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF IRVINE APPROVING VESTING TENTATIVE TRACT MAP NO. 15479 (FILE NO. 29370 -TT) TO SUBDIVIDE LOTS 18 AND 20 OF TRACT 15317 INTO 103 NUMBERED LOTS AND 18 LETTERED LOTS FOR DEVELOPMENT OF 103 SINGLE FAMILY DETACHED DWELLING UNITS; LOCATED AT THE NORTHEAST CORNER OF HARBOR VIEW NORTH AND BONITA CANYON ROAD. WITHIN PLANNING AREA 26; FILED BY TAYLOR WOODROW HOMES WHEREAS, Taylor Woodrow Homes has submitted an application for Vesting Tentative Tract Map No. 15479 (File No. 29370 -TT) to subdivide Lots 18 and 20 of Tract No. 15317 totaling 30.3 gross acres into 103 numbered and 18 lettered lots for the development of 103 single family dwelling units; and WHEREAS, the Subdivision Committee of the City of Irvine reviewed the subject application at a public meeting held on September 10, 1997 and recommended Planning Commission approval subject to conditions; and I WHEREAS, the Planning Commission of the City of Irvine has considered information presented by the Community Development Department, the applicant and other interested parties at a public hearing held on October 2, 1997. NOW, THEREFORE, the Planning Commission of the City of Irvine DOES HEREBY FIND. SECTION 1. Pursuant to Section 6 of the City of Irvine CEQA Procedures and Section 15168(e) of the State CEQA Guidelines, the project is covered by the previously certified Program EIR for Planning Area 26 Zone Change 18903 -ZC which serves as a Program EIR for the proposed project (SCH No. 95091032). The effects of the project were examined in the Program EIR and all feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. Based on public testimony and independent judgement, the Planning Commission determines that no new environmental effects could occur and no new mitigation measures are required. The Program EIR is, therefore, determined to be adequate to serve as the EIR for this project and satisfies all requirements of CEQA. SECTION 2. Mitigation measures identified in the Program EIR have been incorporated into the project, or have been previously applied. These measures mitigate any potential significant environmental effects thereof. 1 PC Resolution No. 97 -1969 i SECTION 3. Pursuant to Fish and Game Code Section 7. 11.4 (C) , all required Fish and Game filing fees have been paid subsequent to certification of the Program EIR for Planning Area 26 (SCH No. 95091032). SECTION 4. The findings required by state law regarding justification of Citywide, village -wide and project specific development fees for public facilities as a result of this project approval have been met as follows: Citywide fees for public facilities are collected in conjunction with the issuance of building permits for development projects and consist of the following: A. San Joaquin Hills Transportation Corridor Area of Benefit Charges. B. Development surcharge fees to recover wear and tear costs from construction site traffic. C. A systems development charge. Resolutions have been adopted by the Irvine City Council which establish the connection between the development projects and the public improvements based on the following nexus: A. The area of benefit charges for the San Joaquin Hills Transportation Corridor are based on the assumption that future state and federal revenues are projected to be inadequate to construct said transportation corridors in • timely manner; and that future development should pay • share of the cost of implementing new transportation corridors to ensure that the transportation system will be adequate to serve said development and that this share of the corridor costs should be proportional to the traffic generated by the development. B. The impact of construction vehicles using City streets causes wear and tear which significantly reduces the life of the surface of City streets beyond normally expected use and the cost of impacted wear and tear on City streets should be borne by the development projects which create the impact. The wearing surface on City streets is reduced by fifty percent by commercial/ industrial construction traffic which causes significant increases on City maintenance costs. C. The implementation of a systems development charge provides a predictable and equitable funding source for capital improvements by requiring development projects to "buy into" the pre- existing City infrastructure so 2 PC Resolution No. 97 -1969 that the impact of new growth on existing improvements will be borne equitably by new development. 3. All of the Citywide fees identified in this section are based on this project's proportional share of the cost of the improvement as identified in the appropriate City Council resolution. SECTION 5. In accordance with Subarticle 3 of the City of Irvine Subdivision Manual, the following findings required for approving a vesting tentative tract map as set forth in have been established: A. The proposed nap IS consistent with applicable general and specific plans. The proposed vesting tentative tract map is consistent with Zone Change 18903 -ZC, which rezoned the vacant land in Planning Area 26 consistent with the General Plan. The land uses shown on the map reflect the current zoning categories and underlying General Plan designations. H. The design or improvement of the proposed subdivision IS consistent with applicable general and specific plans. The proposed layout of the land is consistent with the General Plan designations. The circulation system shown on the General Plan land use map is reflected on the proposed vesting tentative tract map and the necessary circulation improvements have been included in this resolution. C. The site IS physically suitable for the type of development. The site is physically suitable for the proposed density of the development in that the proposed project site is generally flat in nature and there appears to be no significant, physical characteristics that would prohibit development. The Program EIR contained a geotechnical analysis which further analyzed the suitability for development of the project site. Additionally, the City of Irvine Grading and Excavation Code requires the submittal of a Soils Engineering Report, which will discuss the suitability of the proposed project site for development. D. The site IS physically suitable for the proposed density of the development. The zoning of the land affected by the vesting tentative tract map is consistent with the underlying General Plan designations and adopted building intensities. The zoning permits a maximum of 31.0 dwelling units per acre in the 2.4 3 PC Resolution No. 97 -1969 I Medium High Density Residential zoning districts. However, the applicant proposes to build a maximum of 3.4 dwelling units per acre, which is within the permitted density range. E. The design of the subdivision or the proposed improvements are NOT likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision and the proposed improvements will alter the existing environment. An Environmental Impact Report (EIR) was prepared for the site in conjunction with previously approved Zone Change 18903 -ZC. The EIR contains mitigation measures to reduce the potential impacts to biotic resources and is consistent with the Natural Communities Conservation Program (NCCP). F. The design of the subdivision or the type of improvements is NOT likely to cause serious public health problems. The design of the subdivision in not likely to cause serious public health problems. Construction of all improvements and facilities will be in accordance with City standards and under City inspection. G. The design of the subdivision or the type of improvements will NOT conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The proposed vesting tentative tract map will not conflict with any existing or proposed public easements. The map has been reviewed to ensure that all proposed easements are in conformance with applicable City standards. H. Any discharge of waste from the proposed subdivision into an existing sewer system would NOT result in violation of existing requirements prescribed by the California Regional Water Quality Control Board, Santa Ana Region, pursuant to Division 7 of the Water Code of the State of California. The proposed project is a vesting tentative tract map that will include additions to the existing sewer system. Any use of the existing sewer system and any new additions to the system shall be in conformance with all applicable regional and state requirements. I. The requirements of the California Environmental Quality Act HAVE BEEN satisfied. 4 PC Resolution No. 97 -1969 0 As stated in Section 1 of this resolution, the vesting tentative tract map is a subsequent activity under a previously certified Program EIR for Planning Area 26. Mitigation measures from the EIR have been incorporated into this resolution. SECTION 6. Based on the above findings, the Planning Commission of the City of Irvine DOES HEREBY APPROVE Vesting Tentative Tract Map No. 15479 (File No. 29370 -TT), subject to the following conditions: Prior to the Release of a Final Map by the Citv Standard Condition 1.1 This subdivision necessitates the construction of public and /or private infrastructure improvements. Prior to the release of a final map by the City, the applicant shall construct, or enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of the following public and /or private improvements, marked with "x" and listed below, in conformance with applicable City standards and the City's Capital Improvement Policy. Items not required in conjunction with this project are marked "n /a". X a. Street improvements including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lighting, signing, striping. n a b. Traffic signal systems, interconnect and other traffic control and management devices. X c. Storm drain facilities. a d. Subdrain facilities. DL e. Landscaping and computerized irrigation control system (for all public streets, parks and public areas). X f. Sewer, reclaimed and /or domestic water systems, as required by the appropriate sewer and water districts as well as the Orange County Fire Authority when appropriate. X g. Monumentation n/a h. Riding, Hiking and Bicycle trails adjacent to or through the project site. X i. Undergrounding of existing overhead and proposed utility distribution lines. 5 PC Resolution No. 97 -1969 * Denotes Mitigation Measure 0 n a j. Transit - related improvements depicted on the approved tentative map or as follows: Standard Condition 1.8 Prior to the release of a final map by the City, the applicant shall submit one (1) set of computerized data of the final map which is compatible with the City ARC /INFO system or DXF (Autocad) system in a manner acceptable to the City Engineer. Maps should be tied to County of Orange control points (latest revision). Refer to "Specifications for Digital Submission" as maintained by the Surveyor's Office of the County of Orange for specific requirements of individual submittal. Standard Condition 1.11 This subdivision may include existing survey monuments which may be disturbed through construction activities. Certain existing survey monumentation may be deemed necessary for preservation and perpetuation subsequent to final construction improvements associated with this project. All survey monuments deemed necessary for perpetuation as recommended by the design Civil Engineer and approved by the City Engineer shall be identified and shown on the final map for perpetuation. Such survey monuments shall be preserved and referenced before construction and if disturbed replaced after construction pursuant to pursuant to Section 8771 of the Business and Professions Code. Prior to release of a final map by the City, the applicant shall submit to the City Engineer a statement noting whether any monuments will be disturbed. Prior to the Issuance of Preliminary or Precise Grading Permits Standard Condition 2.2 Prior to the issuance of precise grading permits, the applicant shall submit a groundwater survey of the entire site. The analysis shall be prepared by a geotechnical engineer versed in groundwater analysis and shall include the following information and analysis: a. Potential for perched groundwater intrusion into the shallow groundwater zone upon build -out. b. Analysis for relief of groundwater buildup and properties of soil materials on -site. C. Impact of groundwater potential on building and structural foundations. 6 PC Resolution No. 97 -1969 * Denotes Mitigation Measure 10 d. Proposed mitigation to avoid potential for groundwater intrusion within five feet of the bottom of the footings. tandard Condition This subdivision will result in soil disturbance of five (5) or more acres of land. Prior to the issuance of preliminary or precise grading permits, the applicant shall provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. Standard Condition 2.9 This subdivision may include existing survey monuments which may be disturbed through construction activities and deemed necessary for preservation by the City Engineer. If such monuments will be disturbed, the applicant shall have a licenced Land Surveyor or qualified Registered Civil Engineer tie out monumentation affected by the project and submit "preliminary corner records" to the City Engineer. After approval by the City Engineer, the applicant shall file the corner records with the County Surveyor. Prior to the issuance of a preliminary grading permit evidence of such filing shall be furnished to the City Engineer. Standard Condition 2.10 Prior to the issuance of precise grading permits, the applicant shall submit, and the Director of Community Development shall have approved, a Water Quality Management Plan (WQMP). The WQMP shall identifying the Best Management Practices (BMP's) that will be used on the site to control predictable pollutant runoff. * Condition 2.11 Prior to issuance of precise grading permits, consideration shall be given in the soils engineering report for designing building pads to include over excavation of a minimum of five feet, to allow for excavation for shallow footings and utility trenches (Mitigation Measure GS -3). * Condition 2.12 During all site preparation, grading and construction activities, particulate control measures, consistent with Tables 1 and 2 of AQMD Rule 403, shown in Figures 3 -9 and 3 -10 in the EIR, shall be 7 PC Resolution No. 97 -1969 * Denotes Mitigation Measure implemented by the construction contractors, for the control of PM10 related emissions (Mitigation Measure AQ -1). Condition 2.13 Construction contractors shall use low emission mobile construction equipment during all site preparation, grading. and construction activities, where feasible (Mitigation Measure AQ -2). Condition 2.14 Construction contractors shall maintain all construction equipment engines tuned consistent with the manufacturer's specifications during all site preparation, grading and construction activities (Mitigation Measure AQ -3). * Condition 2.15 Construction contractors shall use low sulfur fuel for stationary construction equipment as required by AQMD Rules 431.1 and 431.2 and shall use existing power sources and clean fuel generators as feasible, during all site preparation, grading and construction activities (Mitigation Measure AQ -4). Condition 2.16 Prior to issuance of grading permits, the project applicant/ contractor shall coordinate with the applicable utility companies to determine their needs to accommodate new conduits and to protect existing facilities on PA 26 during construction (Mitigation Measure PS -1). Prior to the Issuance of Building Permits Standard Condition 3.1 This subdivision includes lots or parcels which may be subject to noise impacts. Prior to the issuance of building permits for each structure other than a parking structure on such lots or parcels, the applicant shall submit a final acoustical report prepared to the satisfaction of the Director of Community Development. The report shall show that the development will be sound- attenuated against present and projected noise levels, including roadway, aircraft, helicopter and railroad, to meet City interior and exterior noise standards. The final acoustical report shall include all information required by the City's "Acoustical Report Information Sheet" (form 42 -48). In order to demonstrate that all mitigation measures have been incorporated into the project, the report shall be accompanied by a list identifying the sheet(s) of the building plans which include the approved mitigation measures. PC Resolution No. 97 -1969 * Denotes Mitigation Measure U Condition 3.4 Prior to the issuance of building permits, the applicant shall submit, and the Director of Community Development shall have approved, a completed Occupancy Disclosure form for the project. The approved disclosure form, along with its attachments, shall be included as part of the rental /lease agreements and as part of the sales literature for the project. The disclosure statement shall include information, current as of the date of submittal, with respect to each item marked with an "x" on the list below. The items marked "n /a" need not be included. X a. Noise resulting from aircraft and /or helicopter operations from MCAS Tustin or MCAS E1 Toro. X b. Receipt of the City's Earthquake Preparedness packet. n/a c. Special Flood Hazard Area information for areas subject to inundation. X d. The potential for the Marine Corp Air Station, E1 Toro to be developed as a: 1. Commercial airport, 2. Cargo airport, or 3. Mixed use development. The statement shall include a vicinity map showing the project location and the location of the Marine Air Corp Station, E1 Toro, with an accurate depiction of the location of the existing air station runways. Condition 3.6 Prior to the issuance of building submit a construction phasing plan Orange County Fire Authority. This emergency vehicle access is adequate Condition 3.7 permits, the applicant shall for that subdivision to the plan shall demonstrate that (Mitigation Measure PS -2). Prior to the issuance of building permits, the applicant shall provide the City verification from the geotechnical engineer that settlement monitoring during prescribed waiting periods between the completion of earthwork and construction has been completed (Modified Mitigation Measure GS-11). 9 PC Resolution No. 97 -1969 * Denotes Mitigation Measure 13 Prior to the Issuance of Certificates of Use and Occunanc Standard Condition 4.1 Prior to the issuance of certificates of use and occupancy, each fire hydrant shall have a "Blue Reflective Pavement Marker" indicating its location'on the street or drive per Orange County Fire Authority standards. On private property, these markers are to be maintained in good condition by the property owner. Prior to the Exoneration of Securit Standard Condition 5.1 Prior to the exoneration of any security, the applicant shall submit one (1) duplicate mylar of the final map and all public or private improvement plans, two (2) copies (one original and one duplicate) of 35mm microfilm of the final map, public or private improvement plans, final structure calculations, and computer analysis, if any, for all buildings, and the record drawings of grading, landscape, and improvement plans to, and in a manner acceptable to, the City Engineer. The microfilm shall be in 4 "x 6" jackets with 6 frames per jacket. The computer analysis may be submitted on standard IBM compatible floppy disks. Standard Condition 5.2 Prior to the exoneration of any security, the applicant shall submit one (1) set of computerized data, which is compatible with the City ARC /INFO system or DXF (Autocad) system, of the record drawings of landscape and improvement plans to, and in a manner acceptable to, the City Engineer. Maps should be tied to County of Orange control points (latest revision). Refer to "Specifications for Digital Submission" as maintained by the Surveyor's Office of the County of Orange for specific requirements of individual submittal. When requested by the City Engineer, the applicant shall submit one (1) set of computerized data of computer generated structural analysis and calculations. Standard Condition 5.4 This subdivision may include existing survey monuments which may be disturbed through construction activities and deemed necessary for preservation by the City Engineer. If such monuments were disturbed, the applicant shall have a licensed Land Surveyor or qualified Registered Civil Engineer re- establish any such monumentation damaged or destroyed during construction of project and file the corner records with the County Surveyor. Prior to the exoneration of any security evidence of such filing shall be furnished to the City Engineer. 10 PC Resolution No. 97 -1969 * Denotes Mitigation Measure I'1 Miscellaneous standard Condition 6.2 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. Standard Condition 6.3 The applicant shall defend, indemnify, and hold harmless the City of Irvine or its agents, officers, and employees from any claim, action, or proceeding against the City agency or its agents, officers, or employees to attack, set aside, void, or annul an approval of the local agency, advisory agency, appeal board, or legislative body concerning this subdivision, which action is brought within the time period provided for in Section 66499.37 of the Subdivision Map Act. The City will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense. Condition 6.7 On- street parking shall be prohibited along the interior streets where the landscape islands will be installed. The no parking areas shall be as follows: A. "D" Street: along the street frontage for Lots 9, 10, 13, 14, 17, 21, 22, 25, 26, and; B. "E" Street: along the street frontage for Lots 27, 28, 30, 31, 33, 34, 38, 39, 41, 42, 44, 45, 48, and; C. "F" Street: along the street frontage for Lots 49, 50, 53, 54, 56, 57, 60, 61, 64, 66, 67, 69, 70, 72, 74, 75, and; D. "G" Street: along the street frontage for Lots 88, 93, 98, and 103. Condition 6.8 The applicant shall install reflectorized markers at the nose of the landscape medians within the cul -de -sacs of Streets "A ", "E", "F ", and "G" to alert motorists. 11 PC Resolution No. 97 -1969 * Denotes Mitigation Measure Condition 6.9 The applicant shall establish one -way, counter clockwise, traffic in the areas of the landscape medians. It is recommended that a R7 -type, or equivalent, sign be erected at the nose of the median which would also serve as the reflector requested above, in Condition 6.8. * Condition 6.10 Limits on Truck Speed. During all site preparation, grading and construction, the speed of trucks shall be limited to 15 miles per hour (mph) while traveling on the PA 26 site (Mitigation Measure N -2). * Condition 6.11 Pile Drivers. The use of pile drivers shall be avoidfd to the greatest extent feasible during construction and no pile driving shall commence prior to 8:00 AM (Modified Mitigation Measure N- 4) . PASSED AND ADOPTED by the Planning Commission of the City of Irvine at a regular meeting held on the 2nd of October 1997, by the following roll call vote: AYES: GALLAGHER, KELLY, KLEINPETER, PEOTTER NOES. N/A ABSENT: FLEISCHMAN ABSTAIN: N/A Unless an appeal is filed by 5:00 p.m. on October 20, 1997, the application shall become effective on October 21, 1997. J 934---- SECRETARY er /tey- wood /29370 -tt.pc -reso 12 PC Resolution No. 97 -1969 * Denotes Mitigation Measure