HomeMy WebLinkAbout16 - AERIE Project - Attachment BATTACHMENTS B
Draft resolution
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® RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ADOPTING MITIGATED NEGATIVE DECLARATION (SCH NO.
2006 - 021036) ADOPT MITIGATED NEGATIVE DECLARATION (SCH
NO. 2007021054) AND APPROVE GENERAL PLAN AMENDMENT NO.
2005 -006, COASTAL LAND USE PLAN AMENDMENT NO. 2005 -002,
NEWPORT TRACT NO. 2005 -004 (TRACT 16882), MODIFICATION
PERMIT NO. 2005 -087 AND COASTAL RESIDENTIAL DEVELOPMENT
PERMIT NO. 2005 -002 FOR PROPERTY LOCATED AT 201 -205, 207
CARNATION AVENUE 101 BAYSIDE PLACE (PA 2005 -196).
WHEREAS, applications were filed by Advanced Real Estate Services, Inc. with
respect to property located at 201 -205, 207 Carnation Avenue, and 101 Bayside Place
to construct a 9 -unit residential condominium development on a 1.4 acre site. The
applications filed are:
1. General Plan Amendment No. 2005 -006 to change the land use designation of a 584
square -foot portion of a parcel identified as 101 Bayside Place from RT (Two -Unit
Residential) to RM (Multiple -Unit Residential, 20 dwelling units per acre).
2. Coastal Land Use Plan Amendment No. 2005 -002 to change the Coastal Land Use
® Plan designation of the same 584 square foot portion of a parcel identified as 101
Bayside Place from RH -D (High Density Residential - 50.1 to 60 dwelling units per
acre) to RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre).
3. Zone Change No. 2005 -009 to change the zoning designation of the 584 square -foot
portion of a parcel identified as 101 Bayside Place from R -2 (Two - Family Residential)
to MFR (Multifamily Residential, 2178 square feet per unit).
4. Newport Tract No. 2005 -004 (TT16882) combines the 584 square -foot portion of a
parcel identified as 101 Bayside Place with parcels identified as 201 -205 Carnation
Avenue and 207 Carnation Avenue, and subdivides the air space for 9 residential
condominium units.
5. Modification Permit No. 2005 -087 permits a 5 -foot subterranean encroachment into
the required 10 -foot front setback along Carnation Avenue, an above -grade and
subterranean encroachment of T -1" into a required 10'-7" side yard setback between
the project and 215 Carnation, and a 5' -7" above - grade and subterranean
encroachment into a required 10' -7" side yard setback between the project and 215
Carnation.
6. Coastal Residential Development Permit No. 2005 -002 to review the potential loss of
affordable housing within the Coastal Zone pursuant to Chapter 20.86 of the
® Municipal Code.
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WHEREAS, on February 22, 2007, April 5, 2007, and May 17, 2007, the
Planning Commission held a noticed public hearing in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California, at which time the applications,
project and a draft Mitigated Negative Declaration was 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. At the
conclusion of the public hearing, the Planning Commission adopted Resolution No.
1723 recommending revisions and recirculation of the draft Mitigated negative
Declaration (MND) and approval of the applications.
WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) (SCH No.
2007021054) have been prepared pursuant to the Environmental Quality Act (CEQA),
the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was initially
circulated for public comment between January 10, 2007 and March 15, 2007. During
the February 22, 2007, public hearing comments on the adequacy of the environmental
document were received by the Planning Commission. Those comments led to
revisions to the draft MND. The revisions provide additional project information and
clarification and no new environmental impacts were identified. The revised MND was
recirculated for public comment from April 16, 2007, through May 15, 2007. The
contents of the revised environmental document have been considered in prior to
rendering of the various decisions on this project. Because on May 17, 2007, the project
applicant agreed to modify its proposal to limit development to the predominant line of
existing development as that line may ultimately be established by the City Council, the
Planning Commission determined that the MND must again be amended and
recirculated prior to action by the City Council. The Draft MND was revised and
recirculated for public comment between July 13, 2007 and August 12, 2007.
WHEREAS, with the applicant's agreement to modify its proposal as described in
the preceding recital, the project, as modified and mitigated, will have a less than
significant effect on the environment.
WHEREAS, the City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
WHEREAS, on August 14, 2006, the City Council held a notice public hearing to
consider the applications and the recommendation of the Planning Commission.
WHEREAS, the project site has two separate land use designations assigned by
the Land Use Element of the General Plan (584 square -feet is designated RT (Two -Unit
Residential) and the remaining portion of the site, 60,700 square -feet, is designated RM
(Multi -Unit Residential, 20 dwelling units per acre). The proposed amendment changing
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® the land use designation of the 584 square -foot portion of the site to match the
remainder of the site will numerically allow 1 additional unit; however, the density
limitation as dictated by the Zoning Ordinance is more restrictive as it excludes
submerged lands and slopes in excess of 50 % from the calculation. The density of the
proposed project is well below the resulting maximum density permitted by the General
Plan (28 dwellings) and it is consistent with the maximum density allowed by the
existing MFR zone (9 units). The residential condominium project is consistent with the
proposed Multi - Family Residential land use designation and is consistent with the
residential developments within the area.
WHEREAS, Charter Section 423 requires that all proposed General Plan
Amendments be reviewed to determine if the square footage (for non - residential
projects), peak hour vehicle trip, or dwelling units thresholds would be exceeded as the
means to determine whether a vote by the electorate would be required to approve the
General Plan Amendment. Pursuant to Council Policy A -18, voter approval is not
required as the proposed General Plan Amendment represents an increase of 1
dwelling unit and an increase of 1 A.M. and 1 P.M. peak hour trip. Additionally, no prior
amendments have been approved within Statistical Area F3 and, therefore, the project
and, prior amendments do not cumulatively exceed Charter Section 423 thresholds as to
require a vote of the electorate.
WHEREAS, the proposed project subject to conditions of approval is consistent
® with General Plan Policy LU5.1.9 inasmuch as building elevations that face public
streets need to be treated to achieve the highest level of urban design and
neighborhood quality. Architectural treatment of building elevations and the modulation
of mass are important to convey the character of separate living units or clusters of
living units, avoiding the appearance of a singular building volume. Street elevations
need to be provided with high quality materials and finishes to convey quality. Roof
profiles should be modulated to reduce the apparent scale of large structures and to
provide visual interest and variety. Parking areas should be designed to be integral with
the architecture of the development. Usable and functional private open space for each
unit should be incorporated. Common open space that creates a pleasant living
environment with opportunities for recreation should also be provided. The project
design incorporates building articulation, roof modulation and a diverse architectural.
style. Although specific exterior finishes or building materials are not identified at this
time, the applicant and architect are committed to providing the highest quality project
commensurate with the expense of the project and appropriate to their target buyer.
Parking areas are integrated within the overall design and each unit has an outdoor
deck or patio that may include a fire pit and spa. Common recreational amenities and
storage areas for each unit are provided.
WHEREAS, the proposed project subject to conditions of approval is consistent
with General Plan Policy LU 5.1.8 that requires adequate enclosed parking considering
the number of bedrooms. Seven of the units have three bedrooms and 2 of the units
® have four bedrooms; however, all of the units have other rooms that could be used as
bedrooms and the unit sizes range from 4,000 to 6,300 square feet. The project
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provides 3 spaces for each of 7 units and 2 spaces for each of the 2 remaining units (25
spaces). Seven (7) guest parking spaces and 2 golf cart spaces are provided for a total
of 34 covered, vehicle spaces. Provided parking is in excess of the minimum required
pursuant to the Zoning Code (2.5 parking spaces per unit for total of 23 spaces).
WHEREAS, the proposed project is consistent with General Plan Policy CE7.1.8
and Policy CE7.1.1 as well as Coastal Land Use Policy 2.9.3 -1 that requires new
development to avoid the use of parking configurations or parking management
programs that are difficult to maintain and enforce and that require new development to
provide adequate, convenient parking for residents, guests, business patrons and
visitors for the following reasons:
The below grade parking configuration accessed by elevators is sufficiently convenient
in that two vehicle elevators are proposed, which will reduce vehicle wait times to avoid
significant conflicts. Emergency power generators are required so that vehicle access is
maintained if electrical power is lost. The vehicle maneuvering areas within the parking
areas meet applicable standards required by the City Traffic Engineer.
WHEREAS, the Land Use and Natural Resources Elements of the General Plan
contain general policies regarding the protection of public views, visual resources;
coastal bluffs and other natural resources and the Coastal Land Use Plan (CLOP)
reflects these same policies and includes additional policies that expand upon the topics
addressed in the Land Use and Natural Resources Elements of the General Plan and
are applicable only within the Coastal Zone such that a finding of consistency with the
CLUP is an implicit finding of consistency with the Land Use Element of the General
Plan. Accordingly, based upon facts in support of findings that the project's consistency
with the relevant CLUP policies as indicated below, the project is determined to be
consistent with all resource protection policies within the Land Use and Natural
Resources Elements.
WHEREAS, the Coastal Land Use Plan (CLUP) designates the majority of the
site RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre) and a 584
square foot portion of the site is designated RH -D High Density Residential - 50.1 to 60
dwelling units per acre. The proposed amendment of the land use designation for the
584 square foot portion of the site will result in a land use designation the same as the
larger portion of the site and will numerically increase the maximum permissible project
density by 1 unit, from 13 to 14, but the maximum permissible density pursuant to the
RM -A Zoning for the site.
WHEREAS, the proposed project is consistent with applicable policies within
Chapter 2 (Land Use and Development) of the Coastal Land Use Plan based upon the
following:
1. Policy 2.7 -1. Continue to maintain appropriate setbacks and density, floor area, and
height limits for residential development to protect the character of established
neighborhoods and to protect coastal access and coastal resources.
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The project conforms to the height limit of the MFR zone and no deviation is proposed.
The project proposes 76,333 gross square feet, well below the maximum 90,759
allowed by the existing MFR zone standard. The proposed 9 -unit project is below the
maximum permissible density established by the RM -A (Medium Density Residential -
6.1 to 10 dwelling units per acre). Setback encroachments are primarily subterranean
and would not impact the character of the area. The only above- ground encroachments
are on the north side of the building. The project provides between 5 and 7.5 feet of
separation at the street level and approximately 28 to 30 feet of separation on the levels
above. No public view exists in this area where the above - ground encroachments are
requested. The setback proposed will provide adequate separation from the building to
the north and the encroachments will not impact fragile resources as they are located
on the opposite side of the building away from the bluff and bay.
2. Policy 2.7 -2. Continue the administration of provisions of State law relative to the
demolition, conversion and construction of low and moderate - income dwelling units
within the coastal zone.
Government Code Section 65590 (Mello Act) regulates the demolition or conversion of
low and moderate income units within the Coastal Zone. All units were vacated in
December of 2001 and only a caretaker resides in the apartment. No low or moderate
income residents currently reside within the project and, therefore, Government Code
® Section 65590 is not applicable.
3. Policy 2.8.1 -1. Review all applications for new development to determine potential
threats from coastal and other hazards.
Policy 2.8.1 -2. Design and site new development to avoid hazardous areas and
minimize risks to life and property from coastal and other hazards.
Policy 2.8.1 -3. Design land divisions, including lot line adjustments, to avoid
hazardous areas and minimize risks to life and property from coastal and other
hazards.
A coastal hazards study has been prepared by GeoSoils Inc., dated October, 5, 2006.
Given the location, topography and development proposed, potential hazards are
seismic ground shaking, coastal bluff retreat due to erosional forces and tsunamis.
Seismic issues are mitigated with the implementation of the Building Code and coastal
bluff retreat is not expected to impact the project during the 75 year economic life of the
building. Inundation by wave action or tsunami is considered very remote and the
proposed improvements are well above wave action.
4. Policy 2.8.1 -4. Require new development to assure stability and structural integrity,
and neither create nor contribute significantly to erosion, geologic instability, or
® destruction of the site or surrounding area or in any way require the construction of
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protective devices that would substantially alter natural landforms along bluffs and
Cliffs.
Policy 2.8.3 -1. Require all coastal development permit applications for new
development on a beach or on a coastal bluff property subject to wave action to
assess the potential for flooding or damage from waves, storm surge, or seiches,
through a wave uprush and impact reports prepared by a licensed civil engineer with
expertise in coastal processes. The conditions that shall be considered in a wave
uprush study are: a seasonally eroded beach combined with long -term (75 years)
erosion; high tide conditions, combined with long -term (75 year) projections for sea
level rise; storm waves from a 100 -year event or a storm that compares to the
1982183 El Nino event.
Policy 2.8.6 -10. Site and design new structures to avoid the need for shoreline and
bluff protective devices during the economic life of the structure (75 years).
Policy 2.8.7 -3. Require applications for new development, where applicable [i.e., in
areas of known or potential geologic or seismic hazards], to include a
geologic /soils /geotechnical study that identities any geologic hazards affecting the
proposed project site, any necessary mitigation measures, and contains a statement
that the project site is suitable for the proposed development and that the
development will be safe from geologic hazard. Require such reports to be signed by
a licensed Certified Engineering Geologist or Geotechnical Engineer and subject to
review and approval by the City.
A Grading Plan Review Report prepared by Neblett & Associates, August 2005, the
Coastal Hazard Study prepared by GeoSoils Inc., dated October 2006, a Stormwater
Pollution Prevention Plan prepared by Hunsaker and Associates dated March 27, 2005
collectively indicate that the project will not be subject to nor contribute to erosion,
geologic instability, geologic hazard nor require shoreline protective devices during the
economic life of the structure (75 years).
5. Policy 2.8.6 -9. Require property owners to record a waiver of future shoreline
protection for new development during the economic life of the structure (75 years)
as a condition of approval of a coastal development permit for new development on
a beach, shoreline, or bluff that is subject to wave action, erosion, flooding,
landslides, or other hazards associated with development on a beach or bluff
Shoreline protection may be permitted to protect existing structures that were legally
constructed prior to the certification of the LCP, unless a waiver of future shoreline
protection was required by a previous coastal development permit.
A waiver of future shoreline protective devices is included as a condition of approval.
6. Policy 2.9.3 -10 Require new development to minimize curb cuts to protect on- street
parking spaces and close curb cuts to create new public parking wherever feasible. The
project will reduce the width of existing curb cuts creating 3 additional street spaces.
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® WHEREAS, the proposed project is consistent with Chapter 3 (Public Access) of the
Coastal Land Use Plan based upon the following:
Policy 3.1.1 -1. Protect, and where feasible, expand and enhance public access to and
along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails.
Policy 3.1.2 -1. Protect and where feasible, expand and enhance public access to and
along coastal bluffs.
Policy 3.1.2 -2. Site, design, and maintain public access improvements in a manner to
avoid or minimize impacts to coastal bluffs.
Policy 3.1.1 -11. Require new development to minimize impacts to public access to and
along the shoreline.
Policy 3.1.1 -9. Protect, expand, and enhance a system of public coastal access that
achieves the following:
• Maximizes public access to and along the shoreline;
• includes pedestrian, hiking, bicycle, and equestrian trails;
• Provides connections to beaches, parks, and recreational facilities;
® • Provides connections with trail systems of adjacent jurisdictions;
• Provides access to coastal view corridors,
• Facilitates alternative modes of transportation;
• Minimizes alterations to natural landforms;
• Protects environmentally sensitive habitat areas;
• Does not violate private property rights.
Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where
feasible, including Corona del Mar and other areas of limited public accessibility.
Policy 3.1.1 -13. Require 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. Such dedication or easement shall extend from the
limits of public ownership (e.g. mean high tide line) landward to a fixed point seaward of
the primary extent of development (e.g. intersection of sand with toe or top of
revetment, vertical face of seawall, dripline of deck, or toe of bluff).
Policy 3.9.1 -14. Require a direct dedication or an Offer to Dedicate (OTD) an easement
for vertical access in all new development projects causing or contributing to adverse
public access impacts, unless adequate access is available nearby. Vertical
accessways shall be a sufficient size to accommodate two -way pedestrian passage and
landscape buffer and should be sited along the border or side property line of the
® project site or away from existing or proposed development to the maximum feasible
extent.
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Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where
feasible, including Corona del Mar and other areas of limited public accessibility.
Policy 3.1.1 -26. Consistent with the policies above, provide maximum public access
from the nearest public roadway to the shoreline and along the shoreline with new
development except where (1) it is inconsistent with public safety, military security
needs, or the protection of fragile coastal resources or (2) adequate access exists
nearby.
Policy 3.1.1 -27. Implement public access policies in a manner that takes into account
the need to regulate the time, place, and manner of public access depending on the
facts and circumstances in each case including, but not limited to, the following:
• Topographic and geologic site characteristics;
• Capacity of the site to sustain use and at what level of intensity;
• Fragility of natural resource areas;
• Proximity to residential uses;
• Public safety services, including lifeguards, fire, and police access;
• Support facilities, including parking and restrooms;
• Management and maintenance of the access;
• The need to balance constitutional rights of individual property owners and the
public's constitutional rights of access.
The project site has no dedicated public access easements or physical access to the
coastal bluff or bay. No abutting vertical or lateral public access presently exists that
would connect to any access that might be considered within the development. The
steep topography of the site makes vertical access a safety concern and access for the
disabled could not be accommodated. Support facilities presently do not exist nor are
they planned, and parking in the area is constrained. Lastly, access through the site
would be in close proximity to residential uses.
The lower portion of the bluff; submerged lands and tidelands will remain in their
existing condition. Public access to the tidelands from the water will not be affected as
the development will be well above the tidelands. Access to the designated view point at
the end of Carnation Avenue will also remain unaffected and the public view from that
point and Ocean Boulevard will be enhanced with project approval with the installation
of a bench and/or other public amenity at the corner to improve the experience. The
project will create 3 new parking spaces along Carnation Avenue with the reduction in
the width of the existing driveway approaches. These new public parking spaces will
enhance access to the area. With the reduction in residential density and the fact that
no access rights or proscriptive access rights exist, the project will not impact or impede
public access.
Public access to the bay is currently provided in the vicinity at China Cove, Lookout
Point and at a street -end located in the 2300 block of Bayside Drive. These access is
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® points are located approximately 450 feet to the east, 1,125 feet to the east and
approximately 480 feet to the northwest, respectively. Based upon the forgoing,
requiring public access easements or outright dedication of land for public access is not
necessary.
WHEREAS, the proposed project is consistent with Policy 4.1.3 -1 of the Coastal
Land Use Plan that states "Utilize the following mitigation measures to reduce the
potential for adverse impacts to ESA natural habitats from sources including, but not
limited to, those identified in Table 4.1,1." Only Subsections E, F, G, and N are
applicable to the proposed project as the other subsections are clearly inapplicable as
they relate to different physical and operational aspects of Newport Bay.
E. Limit encroachments into wetlands to development that is consistent with Section
30233 of the Coastal Act and Policy 4.2.3 -1 of the Coastal Land Use Plan.
No encroachment into wetlands is proposed with the project.
F. Regulate landscaping or revegetation of blufftop areas to control erosion and invasive
plant species and provide a transition area between developed areas and natural
habitats.
A condition of approval requires all non - native plantings on the bluff to be removed and
® revegetation of the bluff face is regulated to only allow native and non - invasive plantings
indigenous to the California coastal bluff environment.
G. Require irrigation practices on blufftops that minimize erosion of bluffs.
An irrigation plan is required pursuant to conditions of approval for the project and
temporary irrigation on the bluff face may only be to be used to establish vegetation.
N. Prohibit invasive species and require removal in new development.
A condition of approval requires all non - native plantings on the bluff to be removed and
revegetation of the bluff face is regulated to allow only native and non- invasive plantings
indigenous to the California coastal bluff environment.
WHEREAS, the proposed project is consistent with the following policies of
Chapter 4 (Coastal Resource Protection) based upon the following:
Policy 4.3.1 -5. Require development on steep slopes or steep slopes with erosive soils
to implement structural best management practices (BMPs) to prevent or minimize
erosion consistent with any load allocation of the TMDLs adopted for Newport Bay.
Policy 4.3.1 -6.. Require grading /erosion control plans to include soil stabilization on
® graded or disturbed areas.
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Policy 4.3.1 -7. Require measures be taken during construction to limit land disturbance
activities such as clearing and grading, limiting cut -and fill to reduce erosion and
sediment loss, and avoiding steep slopes, unstable areas, and erosive soils. Require
construction to minimize disturbance of natural vegetation, including significant trees,
native vegetation, root structures, and other physical or biological features important for
preventing erosion or sedimentation.
Policy 4.3.2 -22. Require beachfront and waterfront development to incorporate BMPs
designed to prevent or minimize polluted runoff to beach and coastal waters.
Policy 4.3.2 -23. Require new development applications to include a Water Quality
Management Plan (WQMP). The WQMP's purpose is to minimize to the maximum
extent practicable dry weather runoff, runoff from small storms ( less than 314" of rain
falling over a 24 -hour period) and the concentration of pollutants in such runoff during
construction and post - construction from the property.
An Erosion and Sediment Control Plan, Stormwater Pollution Prevention plan and a
Water Quality Management Plan are required and include best management practices
to ensure that erosion is controlled to the maximum extent feasible.
WHEREAS, the proposed project is consistent with Policy 4.4.3 -4. of the Coastal
Land Use Plan that states "On bluffs subject to marine erosion, require new accessory
structures such as decks, patios and walkways that do not require structural foundations
to be sited in accordance with the predominant line of existing development in the
subject area, but not less than 10 feet from the bluff edge. Require accessory structures
to be removed or relocated landward when threatened by erosion, instability or other
hazards."
No new accessory structures are proposed. The policy also requires that accessory
structures be removed or relocated landward when threatened by erosion, instability or
other hazards. A condition of approval is included such that the existing accessory
structures (concrete pad, staircase and walkway) will be removed if threatened by
erosional processes in the future.
WHEREAS, the proposed project is consistent with Policy 4.4.3 -11 of the Coastal
Land Use Plan that states "Require applications for new development to include slope
stability analyses and erosion rate estimates provided by a licensed Certified
Engineering Geologist or Geotechnical Engineer."
A Grading Plan Review Report prepared by Neblett & Associates, August 2005, the
Coastal Hazard Study prepared by GeoSoils Inc., dated October 2006, a Stormwater
Pollution Prevention Plan prepared by Hunsaker and Associates dated March 27, 2005
collectively indicate that the project will not be subject to nor contribute to erosion,
geologic instability, geologic hazard nor require shoreline protective devices during the
economic life of the structure (75 years). is
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® WHEREAS, the proposed project is consistent with the following policies of
Chapter 4 (Coastal Resource Protection) that regulate the protection of public views
based upon the following:
Policy 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of
the coastal zone, including public views to and along the ocean, bay, and harbor and to
coastal bluffs and other scenic coastal areas.
Policy 4.4.9 -2. Design and site new development, including landscaping, so as to
minimize impacts to public coastal views.
Policy 4.4.1 -4. Where appropriate, require new development to provide view
easements or corridors designed to protect public coastal views or to restore public
coastal views in developed areas.
Policy 4.4.1 -6. Protect public coastal views from the following roadway
segments... Ocean Boulevard. (Figure 4 -3 of the CLUP identifies the intersection of
Carnation Avenue and Ocean Boulevard as a "view point.')
Policy 4.4.1 -7. Design and site new development, including landscaping, on the edges
of public coastal view corridors, including those down public streets, to frame and
accent public coastal views.
Policy 4.4.2 -2. Continue to regulate the visual and physical mass of structures
consistent with the unique character and visual scale of Newport Beach.
Policy 4.4.2 -3. implement the regulation of the building envelope to preserve public
views through the height, setback, floor area, lot coverage, and building bulk regulation
of the Zoning Code in effect as of October 13, 2005 that limit the building profile and
maximize public view opportunities.
A public view presently exists over the southeastern portion of the site from Ocean
Boulevard and Carnation Avenue to the south and southwest between the existing 14-
unit apartment building and improvements on the adjoining property to the southeast.
The siting of the proposed building would provide a greater separation between these
properties than exists today. Presently, the horizontal view window measures 25
degrees and with the project, the view window will increase to 32 degrees. Based upon
the visual simulation prepared by the project architect, the public view from Ocean
Boulevard to the west will also be improved due to the position of the proposed building.
Subsequent to the preparation of the visual simulation, the applicant revised the project
to reduce the bayward extent of Unit 2 on Level 4 to improve the public view over the
project to the west. Although the proposed building is taller than the existing building,
there is no public view over the buildings; therefore, the taller building proposed will not
impact a public view. The project is consistent with the 28 -foot building height limit as
demonstrated on Sheet A -16 and verified by staff, and with other building envelope
restrictions with the exception of setback encroachments as proposed. The above-
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grade encroachment of the building on the northerly portion of the project site is one -
story and does not impact a public view as one presently does not exist in that location.
Other setback encroachments are below the grade of the street and would not impact a
public view. No other public views exist from the street through the site due to the
position of the current buildings. Therefore, the proposed project will not have an impact
upon existing public views through the site to the south and west. The recordation of a
public view easement to protect the public view over the site from Ocean Boulevard and
Carnation Avenue is required as a condition of approval.
WHEREAS, the proposed project is consistent with the following policies of
Chapter 4 (Coastal Resource Protection) as they related to the scenic and visual
qualities of the coastal zone and to minimizing the alteration of the coastal bluff based
upon the following:
Policy 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of
the coastal zone, including public views to and along the ocean, bay, and harbor and to
coastal bluffs and other scenic coastal areas.
Policy 4.4.1 -2. Design and site new development, including landscaping, so as to
minimize impacts to public coastal views.
Policy 4.4.1 -3 Design and site new development to minimize alterations to significant
natural landforms, including bluffs, cliffs and canyons.
Policy 4.4.3 -8. Prohibit development on bluff faces, except private development on
coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in
Corona del Mar determined to be consistent with the predominant line of existing
development or public improvements providing public. access, protecting coastal
resources, or providing for public safety. Permit such improvements only when no
feasible alternative exists and when designed and constructed to minimize alteration of
the bluff face, to not contribute to further erosion of the bluff face, and to be visually
compatible with the surrounding area to the maximum extent feasible.
Policy 4.4.3 -9. Where principal structures exist on coastal bluff faces along Ocean
Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar, require all new
development to be sited in accordance with the predominant line of existing
development in order to protect public coastal views. Establish a predominant line of
development for both principle structures and accessory improvements. The setback
shall be increased where necessary to ensure safety and stability of the development.
Policy 4.4.3 -12. Employ site design and construction techniques to minimize alteration
of coastal bluffs to the maximum extent feasible, such as:
A. Siting new development on the flattest area of the site, except when an
alternative location is more protective of coastal resources.
65.ly
Resolution No.
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®B. Utilizing existing driveways and building pads to the maximum extent
feasible.
C. Clustering building sites.
D. Shared use of driveways.
E. Designing buildings to conform to the natural contours of the site, and
arranging driveways and patio areas to be compatible with the slopes and
building design.
F. Utilizing special foundations, such as stepped, split level, or cantilever
designs.
G. Detaching parts of the development, such as a garage from a dwelling
unit.
H. Requiring any altered slopes to blend into the natural contours of the site.
Existing development of the site is located on the face of a coastal bluff based upon the
professional opinion of Sidney Neblett, a Certified Engineering Geologist. The coastal
bluff transitions from north- facing to west- facing approximately at a point that leads
down to the water that provides the western extent of a small pocket beach unofficially
known as Carnation Cove. North of the transition point of this coastal bluff, is a series of
residential structures developed between 42 and 58 feet above mean sea level. East of
the transition point along Ocean Boulevard is a series of past projects that were
developed much further down the bluff face with several at the waters edge. In looking
at an equal amount of bluff face development on either side of the transition point,
® neither development pattern appears to dominate the other. Based on substantial
evidence in the record, the Planning Commission, acting in its advisory capacity to the
City Council, has determined that the predominant line of existing development is best
depicted by a line that reflects the transition from the west - facing portion of the bluff to
the north - facing portion and the corresponding transition in the extent of development
on each of those portions. The proposed project/bluff interface line approximates a
reasonable transition between the higher development pattern on Carnation Avenue
and the lower development pattern on Ocean Boulevard and corresponds with the
extent of development set forth in the applicant's project proposal. The applicant has
agreed to modify its proposal, if and as needed, to provide that the project will be sited
in accordance with the predominant line of existing development as ultimately
established by the City Council. Therefore, the modified proposal is consistent with
CLUP Policies 4.4.3 -8 and 4.4.3 -9. Additionally, the modified proposal minimizes
alteration of the coastal bluff and protects public views of the coastal bluff by not
allowing development to extend below the predominant line of existing development.
For that same reason, it also protects the scenic and visual qualities of the coastal zone
pursuant to CLUP Policies 4.4.1 -1, 4.4.1 -2 and 4.4.1 -3. Development within the
predominant line of existing development utilizes the flattest portion of the lot although it
would occupy areas outside the existing building pads. Lastly, the project is required to
blend any altered slopes outside of the building footprint to blend them into the natural
contours of the site.
® WHEREAS, the granting of the Modification Permit application is necessary due
to practical difficulties associated with the property and that the strict application of the
6.15
Resolution No.
Page 14 of 33
Zoning Code results in physical hardships that are inconsistent with the purpose and
intent of the Zoning Code for the following reasons:
The site is irregular in shape, has steep topography and has submerged lands which
make it difficult to design a project at the density proposed while providing required
parking. Approximately 65% of the site is submerged or has slopes in excess of 50 %.
The need to provide on -site parking requires that a significant portion of the building
area be allocated for the parking garage, thereby reducing available area for residential
units. The required side yard setback is also larger than the required front yard setback
and the application of this standard represents a practical difficulty given the relatively
small buildable area available on the entire site.
WHEREAS, the granting of the Modification Permit will be compatible with the
existing development in the neighborhood for the following reasons:
The requested encroachments within the front yard will be entirely subterranean and will
not be visible. The encroachments within the side yard on levels below the street will
also not be visible. The side yard setback encroachment on Level 4 (above the street)
provides a T -6" setback for approximately 57.5% of the length of the building and 5' for
approximately 42.5% of the length of the building. The larger setback is closer to the
street. On Levels 5 and 6 above the encroachment on Level 4, the project provides a 28
to 30 -foot setback in excess of the minimum 10' -7" setback. This increased setback
provides an enhanced separation of building masses of the project building and the
single - family home to the north. This increased setback provides private views over the
building from upper levels of residences across Carnation Avenue and enhanced
building articulation as suggested by General Plan policy.
WHEREAS, the granting of the Modification Permit application will not adversely
affect the health or safety of persons residing or working in the neighborhood of the
property and will not be detrimental to the general welfare or injurious to property or
improvements in the neighborhood for the following reasons:
The setback encroachments are predominantly subterranean and the above - ground
encroachments are off -set with increased setbacks above grade and they do not block
public views.
WHEREAS, Newport Tract No. 2005 -004 (TTM16882) can be approved based
upon the following findings:
1. The modified project is consistent with the current land use designation including the
proposed amendment. The project is consistent with Land Use Element Policy
LU5.1.9 regarding the character and quality of multi - family residential development.
The project is consistent with Land Use Element and Natural Resources Element
policies related to the protection of public views, visual resources, coastal bluffs and
other natural resources based upon the project's consistency with the Coastal Land
Use Plan. The site is not subject to a specific plan. Minimum lot sizes established by
(3.1co
Resolution No.
Page 15 of 33
® the Zoning Ordinance are also maintained as required by the City Subdivision Code.
The tentative tract map, pursuant to the conditions of approval, is consistent with the
Newport Beach Subdivision Code (Title 19) and applicable requirements of the
Subdivision Map.
2. The buildable area of the site is relatively small compared to the entire 1.4 acre site.
The site is not likely to be subject to coastal erosional processes or hazards during
the 75 year economic life of the project. No earthquake faults were found on -site and
there is not likely to be and incidence of landslide, lateral spreading, subsidence,
liquefaction, or collapse on -site or near the site given on -site soils conditions. These
factors indicate that the site is suitable for development.
3. The design of the subdivision and proposed improvements subject to conditions of
approval will not cause substantial environmental damage nor substantially and
avoidably injure fish or wildlife or their habitat based upon the Mitigated Negative
Declaration (SCH #2007021054) and the adoption of mitigation measures as
conditions of project approval.
4. The tract map would subdivide airspace for residential condominium purposes and 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 subdivision will generate any serious public health
problems. All mitigation measures as outlined in the Mitigated Negative Declaration
and the Building, Grading and Fire codes will be implemented to ensure the
protection of public health.
5. The proposed subdivision will not conflict with easements, acquired by the public at
large, because a utility and sewer easement that affects the site is presently not in
use and can be abandoned. The design of the proposed subdivision will not impact
an existing storm drain easement and storm drain as proposed improvements will not
encroach upon the existing easement. The storm drain easement will appear on the
final map. Public utility easements for utility connections that serve the project site are
present and will be modified, if necessary, to serve the proposed project.
6. The site is not subject to a Williamson Act contract.
7. The property is not located within the boundaries of a specific plan;
8. The subdivision is subject to Title 24 of the California Building Code that requires new
construction to meet minimum heating and cooling efficiency standards depending on
location and climate. The Newport Beach Building Department enforces Title 24
compliance through the plan check and field inspection processes. The site has a
western exposure and incorporates curved roof elements that will provide some
shading of windows and passive solar cooling. Significant exterior wall segments are
® below grade which will benefit from passive cooling.
6.1
Resolution No.
Page 16 of 33
9. The subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the
regional housing needs although the proposed subdivision will have the effect of
reducing the residential density on the site from 15 units to 9 units. The reduction is
insignificant given the City's current housing supply. Although the reduction in units
does not assist the City in reaching its production goals, no affordable housing units
are being eliminated based upon the fact that the project was not occupied by low or
moderate income households. The reduction in density is consistent with existing
density limitations of the Municipal Code.
10.Wastewater discharge into the existing sewer system will be consistent with existing
residential use of the property, which does not violate Regional Water Quality
Control Board (RWQCB) requirements.
11.The proposed subdivision is entirely within the coastal zone and the site is not
presently developed with coastal - related uses, coastal- dependent uses or water
oriented recreational uses that would be displaced by a non - priority use. The project
site is constrained by topography and public access exists nearby making on -site
vertical and lateral access unnecessary. Public access to the area is enhanced as a
result of increasing public parking opportunities on Carnation Avenue afforded by 3
on street parking spaces to be added with closure of existing driveway curb cuts.
The position of the proposed building enhances public views from Ocean Boulevard
and Carnation Avenue by increasing the view angle between the development on •
the project site and adjacent development. The modified project developed in
accordance with the conditions of approval will minimize alteration of the coastal
bluff and preserve the scenic and visual quality of the coast by preserving the bluff
below the 52 -foot MSL elevation. Lastly, the project will not impact sensitive marine
resources with the implementation of the conditions of approval.
WHEREAS, the project would demolish 15 dwelling units within the Coastal Zone
within 2 buildings and pursuant to Chapter 20.86 of the Zoning Code, demolished units
occupied by low or moderate income households must be replaced if such replacement
is determined to be feasible. The 15 units are not occupied by low or moderate income
households, and therefore, no replacement units are required. Households potentially
meeting the low or moderate income limits were not evicted for the purpose of avoiding
a replacement requirement within the previous 12 months.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The recitals above are hereby declared to be true, accurate, and
correct.
Section 2. The City Council hereby finds that the Administrative Record which was
considered by the City Council in adopting this Resolution consists, without limitation, of all
documents, correspondence, testimony, photographs, and other information presented or
r o
Resolution No.
Page 17 of 33
® provided to the Planning Director; Planning Commission, City Council and City including,
without limitation, testimony received at City Council and Planning Commission
meetings, staff reports, agendas, notices, meeting minutes, police reports,
correspondence, and all other information provided to the City and retained in the files
of the City, its staff and attorneys, and such is hereby incorporated by reference into the
Administrative Record and is available upon request ( "Administrative Record ").
Section 3. The City Council finds that notice of this hearing was provided in
conformance with California law and the Municipal Code of the City of Newport Beach.
Section 4 The City Council of the City of Newport Beach does hereby find, on
the basis of the whole record, that there is no substantial evidence that the project will
have a significant effect on the environment and that the MND reflects the City Council's
independent judgment and analysis. 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 within the MND 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. The City Council hereby adopts Mitigated Negative Declaration SCH No.
2007021054 included therewith. The document and all material which constitute the
record upon which this decision was based are hereby incorporated herein by reference
and are on file with the Planning Department, City Hall, 3300 Newport Boulevard,
® Newport Beach, California.
Section 5. Based on the aforementioned findings, the City Council hereby
approves General Plan Amendment No. 2005 -006 per Exhibit "A ", Coastal Land Use
Plan Amendment No. 2005 -002 per Exhibit "B ", Newport Tract No. 2005 -004 (TTM
16882), Modification Permit No. 2005 -087 and Coastal Residential Development Permit
No. 2005 -002 (PA 2005 -196) subject to conditions of approval attached as Exhibit "C ".
Section 6. The Planning Director is hereby directed to submit Coastal Land Use
Plan Amendment No. 2005 -002 to the California Coastal Commission for review and
approval. The change of the Coastal Land Use Plan designation of the project site shall
only become effective upon the approval of Coastal Land Use Plan Amendment No.
2005 -002 by the California Coastal Commission.
Section 7. Pursuant to Section 13518 of the California Code of Regulations this
Coastal Land Use Plan Amendment No. 2005 -002 shall take effect automatically upon
Coastal Commission action unless the Coastal Commission proposes suggested
modifications. In the event that the Coastal Commission proposes revisions, this Land
Use Plan amendment shall not take effect until the City Council adopts the Commission
modifications and all the requirements of Section 13544 of the California Code of
Regulations are met.
l .J
6.19
Resolution No.
Page 18 of 33
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 day of
2007 by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
11
g.2O
Resolution No.
Page 20 of 33
Exhibit "B"
11
L J
(S. 2 2
Resolution No.
Page 21 of 33
® Exhibit "C"
CONDITIONS OF APPROVAL
Newport Tract No. 2005 -004 (Tentative Tract Map No. 16882).
Modification Permit No. 2005 -087
(Project- specific conditions are in italics)
Planning Department
The applicant shall comply with all federal, state, and local laws. Material violation
of any of those laws in connection with the use will be cause for revocation of this
permit. The project is subject to all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of approval.
2. 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.
3. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
4. The development shall be in substantial conformance with the approved plans
stamped and dated May 4, 2007, except as modified by the conditions of approval.
Unit 2 on Level 4 shall be in conformance with the revised floor plan submitted at the
May 17, 2007 Planning Commission hearing identified as Exhibit Z
5. Project approvals except the Tentative Tract Map 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.
6. 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.
7. The Covenants Conditions and Restrictions (CC &Rs) for the proposed
condominium association shall provide for the long term maintenance of the project
and shall be reviewed and approved by the Newport Beach City Attorney prior to
their recordation. The CC &Rs shall include a provision that residents shall park
® only operable vehicles within the parking garage that are in active use (i.e. no long
term storage of vehicles).
t3 . Z 3
Resolution No.
Page 22 of 33
8. Prior to the issuance of a grading or building permit the applicant shall provide the
City with a performance bond or its equivalent to ensure timely completion of all
improvements represented on plans and drawings submitted for permit approval in
the event construction of improvements consistent with project approval is
abandoned. The performance bond or its equivalent shall be in 100% of the cost of
the building shell and shall be issued with the City as beneficiary by an insurance
company currently authorized by the insurance Commissioner to transact business of
insurance in the State of California and shall have an assigned policyholders' Rating
of A (or higher) and Financial Size Category Class VII (or larger) in accordance with
the latest edition of Bests Key Rating Guide unless otherwise approved by the City
Risk Manager. The bond or equivalent shall be released in 25% increments upon
completion of each quarter of construction of the building shell.
9. Prior to the issuance of a grading or building permit for new construction, the
applicant shall execute a waiver of all claims against the City for future liability or
damage resulting from the approval to build the project. The form and content of
the waiver shall be in a form acceptable to the office of the City Attorney and the
waiver shall be recorded against the property in question.
10. Prior to the issuance of a building permit the applicant shall prepare a photometric
study in conjunction with a final lighting plan for approval by the Planning Director.
The site shall not be excessively illuminated as excessive illumination may be
determined consistent with the luminance recommendations of the Illuminating
Engineering Society of North America or by the Planning Director in the event the
illumination creates an unacceptable negative impact on surrounding land uses or
environmental resources.
11. Prior to the issuance of a building permit a landscape and irrigation plan prepared
by a licensed landscape architect shall be submitted for Planning Commission
review and shall be subject to Planning Director approval. The plans shall
incorporate drought tolerant plantings and water efficient irrigation practices. All
planting areas, with the exception of bluff 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. The proposed landscaping adjacent to the back of sidewalk shall
be designed with provisions that will prevent irrigation and /or other runoff from
spilling onto the sidewalk.
12. Prior to the issuance of a building permit, the developer shall pay a park dedication
in -lieu fee of $6,894.37 per unit.
13. Prior to the issuance of a building or grading permit, a waiver of future shoreline
protection during the economic life of the structure (75 years) shall be recorded
6.2Y
Resolution No.
Page 23 of 33
against the property. The waiver shall be binding upon all future owners and
assignees: The waiver shall be reviewed and approved by the City Attorney prior to
recordation.
14. Prior to issuance of the certificate of occupancy or final of building permits, the
applicant shall schedule an evening inspection by the Code Enforcement Division
to confirm control of light and glare. The Planning Director may order the dimming
of light sources or other remediation upon finding that the site is excessively
illuminated.
15. Prior to issuance of a certificate occupancy for the project, the applicant shall
install a public bench within the public right -of -way as depicted on the site plan.
The specific design and location of the bench shall be approved by the Public
Works, Planning and General Serviced Departments prior to installation.
16. 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.
17. 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, watering, 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.
18. Lighting shall be in compliance with applicable standards of the Zoning Code.
Exterior on -site lighting shall be shielded and confined within site boundaries. No
direct rays or glare are permitted to shine onto public streets or adjacent sites or
create a public nuisance..
E
19. 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.
20. 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.
21. 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).
6.25
Resolution No.
Page 24 of 33
22. 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 or future
owners shall complete all required repairs.
23. 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.
24. All altered slopes that are outside of the building envelope shall be contoured to
resemble the existing natural terrain.
25. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims„ demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of the
AERIE Project including, but not limited to, the approval of General Plan
Amendment No. 2005 -006, Coastal Land Use Plan Amendment No. 2005 -002,
Code Amendment No. 2005 -009, Tentative Tract Map No. 2005 -004 (Tract 16882),
Modification Permit No. 2005 -087 and Coastal Residential Development Permit
No. 2005 -002 collectively referred to as PA 2005 -196; and/or the City's related
California Environmental Quality Act determinations, the adoption of a Mitigated
Negative Declaration and a Mitigation Monitoring Program for the AERIE Project.
This indemnification shall include, but not be limited to, damages awarded against
the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether
incurred by applicant, City, and /or the parties initiating or bringing such proceeding.
The applicant shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification provisions set forth in
this condition. The applicant shall pay to the City upon demand any amount owed
to the City pursuant to the indemnification requirements prescribed in this
condition.
26. The project shall incorporate and implement an emergency power backup system so
the vehicle lifts will operate during a power outage. The location of the generator shall
be sound attenuated and screened from public view and subject to the review and
approval of the Planning Director.
27. Remote control operators for the vehicle elevators, in quantities equal to the number
of parking spaces assigned to each dwelling unit, shall be provided to occupants of
the respective units. The project shall incorporate an external indicating system to
alert drivers which vehicle elevator will be available for immediate use. The vehicle
elevator system shall be designed and maintained to return the elevator cars to the
street level when not in use. The vehicle elevator system shall be maintained for
efficient use throughout the life of the project.
,6. 20
Resolution No.
Page 25 of 33
® 28. Vehicle parking and maneuvering areas shall be restricted to the parking of operable
vehicles and shall not be used for storage of any kind including the long -term storage
of vehicles not in regular use.
29. 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.
30. Idling of construction vehicles and equipment shall be limited to the maximum
extent feasible. Construction vehicles and equipment shall be properly operated
and maintained and shall be turned off immediately. Construction workers,
equipment operators or truck drivers shall not employ any form of audible signaling
system during any phase of construction.
31. Reclaimed water shall be used wherever available, assuming it is economically
feasible.
Fire Department
32. One gumey- accommodating elevator shall be provided in accordance with Chapter
30 of the California Building Code within the project that must access each level.
33. A Class 111 standpipe system shall be provided at the private dock in accordance with
® Newport Beach Fire Department guidelines.
34. A public fire hydrant shall be provided at the comer of Carnation Avenue and Ocean
Boulevard. The hydrant shall be installed and tested prior to occupancy of the project,
unless required earlier by the Fire Department.
35. A fire alarm system with fire control room shall be provided within the project.
Monitored Automatic fire sprinklers shall be required for the entire structure to meet
NFA13, 199 Edition and in accordance with Newport Beach Fire Department
requirements. Shut -off valves and a waterflow device shall be provided for each unit.
A Class I standpipe shall be provided at every level at all stairs. Standpipe and
sprinklers may be a combination system.
36. The project shall provide pressurized exit enclosures and vestibules in accordance
with the Building Code. Enclosures shall be a minimum two -hour fire rated
construction.
37. Approved numbers or addresses shall be placed on all new and existing buildings
in such a position that is plainly visible and legible from the street or road fronting
the property. Said numbers shall be of made of non - combustible materials, shall
contrast with their background, and shall be either internally or externally
illuminated to be visible at night. Number shall be no less than six inches in height
with a one -inch stroke.
® Public Works
6.27
Resolution No.
Page 26 of 33
38. All parking stall dimensions shall comply with City's Standard Drawings STD -805-
L -A.
39. 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. The building plans shall show detailed profile of each of the proposed
driveways.
40. Project driveways must conform to the City's sight distance standard 110 -L. The
design shall be reviewed and approved by the City Traffic Engineer.
41. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
42. Construction surety in a form acceptable to the City, guaranteeing the completion
of the various required public improvements and repairs, shall be submitted to the
Public Works Department for City Council approval prior to the issuance of Public
Works Department encroachment permit.
43. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
44. 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.
45. 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.
46. All new landscaping within the public right -of -way shall be approved by the General
Services Department and the Public Works Department.
47. 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.
48. The Developer shall file one (1) Final Tract Map (Map).
49. The roadway cross section shown on the Map with a 110 -foot right -of -way width
should be labeled as "Ocean Boulevard ".
50. The Map shall be prepared on the California coordinate system (NAD88). Prior to
Map recordation, 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
rellm
Resolution No.
Page 27 of 33
!� 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.
51. Prior to recordation, the Map boundary shall be tied onto 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 Corner unless otherwise approved by the City Engineer.
Monuments shall be protected in place if installed prior to completion of
construction project.
52. The applicant's request to vacate the existing sewedutilities easement shall be
approved by the City Utilities Department prior to the issuance of a building permit
or the recordation of the final tract map. The existing private ingress/egress
easement with the same width, length, and alignment as the existing sewer /utilities
easement shall be vacated or permission from the beneficiaries of the private
easement shall be documented prior to the issuance of a building permit or the
recordation of the final tract map.
53. A 5 -foot wide public sewer and utilities easement as measured from the centerline
of the existing sewer main fronting the development site shall be recorded against
the property. The applicant shall prepare and submit the legal description for said
® easement for City review and approval.
54. All easements of record shall be recorded as a part of the Final Map.
55. All improvements shall be designed and constructed in accordance with the current
edition of the City Design Criteria, Standard Special Provisions, and Standard
Drawings.
56. The sidewalk portion of the proposed new driveway approach shall be constructed
with 2% cross -fall per City Standards.
57. Temporary construction sheet piles shall be installed to protect all existing storm
drain and sanitary sewer mains within and adjacent to the development site.
58. No structures or construction tie -backs shall be constructed within the limits of any
easements or public right -of -way without the approval of an Encroachment
Agreement and Permit.
59. Full -width concrete sidewalk and curb and gutter shall be constructed along the
length of the Carnation Avenue and Ocean Boulevard frontages. The new sidewalk
shall join the existing sidewalk in front of 2501 Ocean Boulevard.
60. New concrete curbs shall be dowelled into sound concrete roadway pavement.
® 61. Trees shall not be installed at locations where mature tree roots could damage the
existing City sewer main.
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Resolution No.
Page 28 of 33
62. The plans suggested there will be a 40 -foot (40) drop from the top of proposed
perimetedretaining walls along the Carnation Avenue ,property line to the garden
below. The proposed top of wall is shown on the Plans as 15" above the sidewalk
finish surface. Adequate safety provisions for pedestrians and W/B Ocean
Boulevard vehicle traffic shall be shown on building plans along the length of said
walls and shall be implemented throughout the life of the project.
63. Each dwelling unit shall be served by its individual water service and sewer lateral
connection and cleanout.
64. All utility connections shall be placed underground in accordance with the
Subdivision Code.
65. The garage space for Unit 8 on the basement level shall be relocated across the
parking aisle from Guest Parking 4 as the removal of the garage wall from this side
of Parking Level will provide enhanced maneuvering area for vehicles.
66. 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.
67. All non- standard improvements within the public right -of -way would require an
Encroachment Agreement and Encroachment Permit.
68. Curb cuts within the public right -of -way leading to the pedestrian walkways shall
not be permitted. Standard curb, gutter and sidewalk shall be installed.
69. Gates shall not be designed to open out into the public right -of -way.
70. Raised planters shall not be permitted within the Public right -of -way. Planting
adjacent to the curb shall accommodate a vehicle car door opening. Project
landscape plans shall provide details of the planters and shall be reviewed and
approved by the Public Works Department prior to the issuance of a building
permit.
71. The driveway approaches within the public right -of -way shall be shall be narrowed
to the width of garage openings they serve. Six -inch curbs shall have a 3 foot flare.
Drive approaches shall be modified to comply with ADA requirements.
72. Planters adjacent to the freight elevators shall be pulled back from the Carnation
Avenue property line two feet to improve vehicle maneuvering. Planters in the front
yard shall not encroach into the projection of the garage door edge.
73. No structural support column shall be located in the middle of the driveway leading
to the parking area located on Level 4.
74. The loading area adjacent to the ADA accessible stall shall be 8 -foot wide.
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® 75. Prior to the issuance of a building permit, the applicant shall prepare a study of the
existing drainage area and catch basin in Carnation Avenue to determine the
appropriate size of catch basin. The developer shall enlarge the existing catch
basin accordingly.
76. Prior to the issuance of the building permit, Public Works Department plan check
and inspection fee shall be paid.
77. Prior to the issuance of a grading or building permit, 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. The
plans shall include a provision that maintains the public right -of -way open to
vehicular and pedestrian traffic after working hours daily.
78. Where vehicles leave the construction site and enter adjacent public streets, any
visible track -out extending for more than fifty (50) feet from the access point shall
® be swept within thirty (30) minutes of deposition.
79. 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 to ensure that
the daily cumulative miles traveled is below the assumed total vehicle miles
traveled in the quantitative air quality assessment of the Mitigated negative
declaration.
Building Department
80. The applicant is required to obtain all applicable permits from the City of Newport
Beach. The construction plans must comply with the most recent, City- adopted
version of the California Building Code. The facility shall be designed to meet fire
protection requirements and shall be subject to review and approval by the
Newport Beach Building and Fire Departments.
81. 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.
82. County Sanitation District fees shall be paid prior to issuance of any building
permits.
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83. 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.
84. 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.
85. Prior to the issuance of the grading or building 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.
86. 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.
87. 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. The ESCP shall include and require the use of soil stabilization measures
for all disturbed areas.
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® 88. Prior to issuance of the 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.
89. 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 geologic investigation as well as additional requirements, if any,
imposed by the Newport Beach Building Department.
90. 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.
Mitigation Measures from the Mitigated Negative Declaration
91. Mitigation Measure 1 -1 — The project shall be revised such that principal building is
within the predominant line of existing development as established by the City
Council.
92. Mitigation Measure III -1 — During grading activities, any exposed soil areas shall
® be watered at least four times per day. Stockpiles of crushed cement, debris, dirt
or other dusty materials shall be covered or watered twice daily. On windy days
or when fugitive dust can be observed leaving the proposed project site,
additional applications of water shall be applied to maintain a minimum 12
percent moisture content as defined by SCAQMD Rule 403. Soil disturbance
shall be terminated whenever windy conditions exceed 25 miles per hour.
93. Mitigation Measure III -2 — Truck loads carrying soil and debris material shall be
wetted or covered prior to leaving the site. Where vehicles leave the construction
site and enter adjacent public streets, the streets shall be swept daily.
94. Mitigation Measure III -3 — All diesel - powered machinery exceeding 100
horsepower shall be equipped with soot traps, unless the Contractor
demonstrates to the satisfaction of the City Building Official that it is infeasible.
95. Mitigation Measure III-4 — The construction contractor shall time the construction
activities, including the transportation of construction equipment vehicles and
equipment to the site, and delivery of materials, 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
deemed necessary by the City.
96. Mitigation Measure III -5 — The construction contractor shall encourage
ridesharing and transit incentives for the construction workers.
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97. Mitigation Measure III -6 — To the extent feasible, pre - coated /natural colored
building materials shall be used. Water -based or low VOC coatings shall be is
used that comply with SCAQMD Rule 1113 limits. Spray equipment with high
transfer efficiency, or manual coatings application such as paint brush, hand
roller, trowel, etc. shall be used to reduce VOC emissions, where practical. Paint
application shall use lower volatility paint not exceeding 100 grams of ROG per
liter.
98. Mitigation Measure V -1 — During excavation and grading of the site,
paleontological monitoring shall be conducted by an experienced monitor under
the direction of the project paleontologist. If fossil remains are found by the
monitor, earthmoving shall be diverted temporarily around the fossils until the
remains have been recovered and the monitor agrees to allow earthmoving to
proceed.
99. Mitigation Measure VIII -1: The developer shall be responsible for
replacement/upsizing of the Carnation Avenue storm drain, to provide sufficient
capacity for the added runoff generated by this project, as well as existing runoff
from the rest of the tributary area to this drain. It shall satisfy the appropriate
storm -year design criteria established by the City Engineer. This storm drain
reconstruction shall include appropriate urban runoff filtration elements, to reduce
potential water pollution impacts into Newport Harbor. Reconstruction of this
storm drain shall occur outside of the rainy season.
100. Mitigation Measure IX -1 — The property owner(s) shall execute and record a
waiver of future shoreline protection for the project prior to the issuance of a
building permit. Said waiver shall be subject to the review and approval of the
City Attorney.
101. Mitigation Measure IX -2 — The applicant shall dedicate a view easement as
depicted on the exhibit below; however, it will only affect the project site.
Structures and landscaping within the easement area shall not be permitted to
block public views. The easement shall be recorded prior to the issuance of a
building permit for new construction and shall be reflected on the final tract map.
102. Mitigation Measure IX -3 — Accessory structures shall be relocated or removed if
threatened by coastal erosion. Accessory structures shall not be expanded and
routine maintenance of accessory structures is permitted.
103. Mitigation Measure IX -4 — Bluff landscaping shall consist of native, drought
tolerant plant species determined to be consistent with the California coastal buff
environment. Invasive and non - native species shall be removed. Irrigation of
bluff faces to establish re- vegetated areas shall be temporary and used only to
establish the plants. Upon establishment of the plantings, the temporary irrigation
system shall be removed.
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Resolution No.
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® 104. Mitigation Measure XV -1: Prior to commencement of each major phase of
construction, the Contractor shall submit a construction staging, parking and
traffic control plan for approval by the Public Works Department. This plan shall
identify the proposed construction staging area(s), construction crew parking
area(s), estimated number and types of vehicles that will occur during that phase,
the proposed arrival /departure routes and operational safeguards (e.g. flagmen,
barricades, shuttle services, etc.) and hourly restrictions, if necessary, to avoid
traffic conflicts during peak traffic periods, displacement of on- street parking and
to ensure safety. The construction staging, parking and traffic control plan shall
provide for an off -site parking lot for construction crews which will be shuttled to
and from the project site at the beginning and end of each day until such time
that the project site can accommodate construction vehicle parking. Construction
traffic routes shall be included and shall avoid narrow residential streets, unless
there is no alternative, and shall not include any streets where some form of
construction is underway within or adjacent to the street that would impact the
efficacy of the proposed route. Grading and dirt hauling shall not be scheduled
during the summer season (Memorial Day holiday weekend through and
including the Labor Day holiday weekend).The approved construction staging,
parking traffic control plan shall be implemented throughout each major
construction phase.
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