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Home My WebLink About03 - Bayside Residential Planned CommunityCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item 3 February 28, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: James Campbell, Senior Planner SUBJECT: Bayside Residential Planned Community (PA2004 -072). On February 14, 2006, the City Council introduced a draft ordinance to adopt the Bayside Drive Planned Community. Unfortunately the Ordinance had several errors that need to be highlighted and corrected prior to adoption. Specifically, Section 2 and Section 3 did not incorporate a prior corrections made to the draft ordinance that was previously transmitted to the Council for the January meeting related to the project. In other words, an older and incorrect version of the ordinance was inadvertently reprinted for the second council meeting. The change is as follows: "SECTION 2: SECTION 3: All property and uses within the planned community shall be subiect to the regulations contained in the Bayside Residential Planned Community District Regulations. SECTION 43: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption." Due to the late change to the tentative tract map where the public walkway was placed within a separate lettered lot, the final lot areas needed to be updated. Although staff introduced a revised "Table 1" from the PC text during the meeting that was reported to be accurate, errors remained undiscovered. Since the last meeting, staff has had an opportunity to re- verify the areas of Lot B, the public walkway lot, and the residential lots. Bayside Residential Planned Community February 28, 2006 Page 2 of 3 The increase the area of Lot B within Section 1.2 of the PC text is from 0.14 to 0.17 acres. Revised Table 1 is as follows: Table 1 Bayside Planned Community District Regulations 1 Lot area less minimum front, side, and rear yard areas 2 1.75 X Maximum buildable area and not including maximum 400 sq. ft. attributable to required, enclosed parking 3 Minimum 18' required between face of garage wall and back of curb 4 Minimum 20' front yard if merged with Lot 2 5 Lots 1, 15, 16, & 17, minimum 10' yard required parallel to Bayside Drive and measured from the respective landscape Lot "C" or Lot "D ". 6 Minimum 10' side yard required between building wall and easterly tract boundary. Water -side yard deemed "front yard" for Lots 3 - 15 (see Tract Map) 8 Minimum 5' rear yard required between each one -story building wall and curbside property line; minimum 10' rear yard required between each two -story building wall and curbside property line. 9 Minimum 5' side yard required adjacent to "Fire Access Easement" shown on Tract Map 10 Minimum 5' side yard adjacent to "pedestrian access easement" on Tract Map 11 Minimum 20' required at southerly 55' of front yard; minimum 15' required at northerly 42' per Tract Map t\ Minimum Maximum Maximum Minimum Yards3 Lot Lot Area Buildable Area Floor (Sq. Ft.) (Sq. Ft.)' Areal Front Side Rear 1 6,550 4,048 7,084 354 5'5'6 10'5 2 5,818 3,172 5,551 20' 5' 10' 3 10,559 6,117 10,704 15'7 5' 10i8 4 6,350 3,556 6,223 22'' 5' 58 5 8,351 4,927 8,622 22'7 5'9 68 6 7,620 4,419 7,733 22'' 5' 5'8 7 7,937 4,683 8,195 22J 5' 538 8 6,350 3,556 6,223 22'' 5' 5'e 9 8,868 53135 8,985 17'' 5' 5'8,10 10 7,155 43113 7,198 20'' 5' 5'8'9 11 6,000 3,540 6,195 20'' 5' 58 12 6,000 33540 6,195 20'' 5' 518 13 6,000 3,327 5,822 20'' 5710' 58 14 6,720 33564 6,237 20'7 5710' 5'8 15 8,400 3,856 6,748 15/'20'''11 515 10'5,8 16 6,640 3,851 6,739 20' 515 10'5 17 5,800 3,364 5,887 20' 5'5 10'5 1 Lot area less minimum front, side, and rear yard areas 2 1.75 X Maximum buildable area and not including maximum 400 sq. ft. attributable to required, enclosed parking 3 Minimum 18' required between face of garage wall and back of curb 4 Minimum 20' front yard if merged with Lot 2 5 Lots 1, 15, 16, & 17, minimum 10' yard required parallel to Bayside Drive and measured from the respective landscape Lot "C" or Lot "D ". 6 Minimum 10' side yard required between building wall and easterly tract boundary. Water -side yard deemed "front yard" for Lots 3 - 15 (see Tract Map) 8 Minimum 5' rear yard required between each one -story building wall and curbside property line; minimum 10' rear yard required between each two -story building wall and curbside property line. 9 Minimum 5' side yard required adjacent to "Fire Access Easement" shown on Tract Map 10 Minimum 5' side yard adjacent to "pedestrian access easement" on Tract Map 11 Minimum 20' required at southerly 55' of front yard; minimum 15' required at northerly 42' per Tract Map t\ 8ayside Residential Planned Community February 28, 2006 Page 3 of 3 The final change necessary is a change to Figure 3 of the PC text, which is the site plan. The prior site plan is outdated due to the change in access and it is recommended that the outdated site plan be replaced with the revised tentative tract map. The ordinance attached incorporates all these changes and it is staffs belief that they more accurately reflect he Council's action and staff further recommends that the attached ordinance be adopted. Prepared By: rL),kv James Cam ell Senior Planner Submitted by: Attachments: Revised Ordinance No. 2006 -6 Patricia Temple Planning Director ORDINANCE NO. 2006 -6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT -- BEACH APPROVING CODE AMENDMENT NO. 2004 -003 AMENDING THE ZONING DISTRICTING MAP AND ADOPTING THE BAYSIDE RESIDENTIAL PLANNED COMMUNITY DISTRICT DEVELOPMENT REGULATIONS FOR PROPERTY LOCATED AT 919 BAYSIDE DRIVE (PA 2004 -072). WHEREAS, on August 18, 2005, and on November 13, 2005, the Planning Commission of the City of Newport Beach held a noticed public hearing regarding this code amendment. WHEREAS, the Planning Commission voted 5 to 1 to recommend approval of this code amendment to the City Council. WHEREAS, on January 10, 2006 and on February 14, 2006, the City Council of the City of Newport Beach held a noticed public hearing regarding this code amendment. WHEREAS, the proposed Planned Community Development Regulations set forth use and development standards for the Bayside Residential Planned Community. The proposed regulations provide suitable and adequate standards including those relating to uses, setbacks, building height limits, floor area limits, and signs. WHEREAS, the proposed Planned Community Development Regulations (Zoning) are consistent with the General Plan land use designation of Multi - Family Residential for the proposed 17 -unit subdivision approved concurrently with this ordinance. WHEREAS, a Mitigated Negative Declaration (SCH NO. 2005 - 061019) that identifies potential significant impacts to the environment and certain mitigation measures designed to avoid such impacts or reduce them to a less than significant level was approved relative to the Planned Community text. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Zoning Districting Map No. 15 shall be revised as depicted in Exhibit "B ". SECTION 2: The Bayside Residential Planned Community District Regulations as provided in Exhibit "A" is hereby adopted. SECTION 3: All property and uses within the planned community shall be subject to the regulations contained in the Bayside Residential Planned Community District Regulations. Ordinance No. 2006 -6 SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on February 14, 2006, and adopted on the 28th day of February 2006, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR EXHIBIT A Bayside Residential Planned Community District Development Regulations Newport Beach, California Adopted by Ordinance No. 2006 -6 February 28, 2006 J 10 TABLE OF CONTENTS i -' Bayside Residential Planned Community District Regulations Page Introduction.............................................................................. ..............................1 ProjectDescription .................................................................. ..............................1 Section I Statistical Analysis ..................................... ............................... 5 Section II Development and Use Regulations ............ ..............................5 Section III Conditions of Approval ............................... ..............................9 List of Figures Figure I Figure II Figure III i INTRODUCTION The subject of this document is a 3.92 -acre parcel on Bayside Drive that has been designated as "Bayside Residential Planned Community District" on the Districting Map for the City of Newport Beach. The designation was adopted to allow subdivision of the parcel into 17 single - family lots and subsequent construction of custom - designed, luxury homes. The Bayside Residential Planned Community District designation and 'Bayside Residential Planned Community District Development Regulations" have been adopted consistent with Chapter 20.35, "Planned Community District ", of the Newport Beach Zoning Code. The project site is designated Multi - Family Residential in the Land Use Element of the General Plan. This designation permits both single - family and multiple - family dwellings; however the Bayside Planned Community does not permit more than one units per number lot within the subdivision. The 3.92 -acre parcel will be developed consistent with the General Plan and with regulations set forth herein and with all applicable ordinances, standards, and policies of the City of Newport Beach. All terms within this document shall be defined herein or they shall derive their meaning from the Newport Beach General Plan and /or Municipal Code. Where this document is in conflict with similar provisions of the Municipal Code, this document shall control. Where this document does not address a particular land use, zoning or development issue, the Municipal Code shall control. Nothing within this document shall be construed to relieve any party from compliance with all applicable laws, guidelines, policies of the Newport Beach Municipal Code. 0 The subject property is located within the Coastal Zone and development pursuant to this PC Text will require a Coastal Development Permit from the California Coastal Commission. The general site location and land use plan for the subject property are set forth in Figure I and Figure 2. PROJECT DESCRIPTION The Promontory Bay area of Newport Beach is bounded by Newport Bay, Marine Avenue /Jamboree Road and East Coast Highway where the project site is generally located. The Bayside Residential Planned Community District is within this area and is located on the south side of Bayside Drive between Promontory Channel, Newport Bay and the Cove Condominiums across from a neighborhood retail shopping center (Bayside Center) anchored by a supermarket. The Cove Condominiums (multiple - family residential dwellings) are located to the east of the subject property. Vehicular access to the planned community is provided from Bayside Drive by a single gated access. A bulkhead provides sufficient water depth at the south property line for 34 private boat docks and access to the North Channel of Newport Bay. A twelve -foot- wide sidewalk/bike path adjoins the property frontage at Bayside Drive. An existing 10- foot -wide irrevocable public access easement extends from Bayside Drive along the westerly boundary of the planned community to the waterfront at the North Channel of Newport Bay. Redevelopment of the subject property pursuant to this Planned Community text requires reconfiguration and reconstruction of improvements within this easement to improve public pedestrian access to the waterfront. These include a new 8 -foot wide sidewalk and a two -foot wide landscaped planter. The easement includes a viewing platform at the southwest corner of the planned community. A 6 -foot wide gangplank extended from the viewing platform to a 6- foot -wide floating walkway parallel to the waterfront at the time of development approval. Development of the property pursuant to the Planned Community text includes removal of the gangplank and dedication of an 8- foot -wide public access easement parallel to the waterfront at the North Channel. This 8 -foot wide easement is comprised of a 3 -foot wide, on -land component adjoining a 5 -foot wide segment cantilevered over the surface of the water. The width of each easement component is measured from the centerline of the existing bulkhead. Development of the property is conditioned upon construction of an 8 -foot wide sidewalk on this easement. Both the easement and the walkway extend from the existing, on -land easement along Promontory Bay along the westerly property line of the subject parcel to the easterly property line. An easement to accommodate a ramp and walkway segment (Americans with Disability Act - compliant) outside the boundaries of the Tentative Tract Map are shown on the Tentative Tract Map includes with this text. Dedication of the easement and construction of the ramp are conditions of project approval. The easement and ramp extend from the bulkhead walkway to the easterly end of the existing floating walkway at the project site where the walkway continues along the waterfront at the Cove Condominium property to the east. The easement and walkway provide unobstructed public access to the waterfront. The ramp will also provide access to the private boat docks. The 3.92 -acre project site is to be developed as a gate community of custom - designed, single - family homes. Newport Tentative Tract Map No. 2004 -001 (Tract 15323) was approved with this PC Text and accommodates creation of 17 single - family lots represented as numbered lots on the Tract Map. All lettered lots are in common and are intended to accommodate common amenities and other improvements and are not developable for residences. Common area facilities include the private driveway providing access to all lots, a recreation lot which may include a pool, and landscaped areas. A 6 -foot wide fire access easement, that must remain open and unobstructed at all times, connects the private loop road to a gangplank and to the walkway at the boat docks. 2 Adoption of the Bayside Residential Planned Community District zoning designation and corresponding Bayside Residential Planned Community District Development Regulations for the subject property was deemed an appropriate means of integrating a gated community of single - family, detached homes within the context of gated, attached apartment and condominium communities within the immediate area. Adoption of the PC designation and text provided the City the means to maintaining and enhancing public access to the waterfront. Development standards incorporated in the PC Text accommodate residential development consistent with the General Plan Multi - Family designation, yet of reduced scale than might otherwise be allowed, as a suitable transition from Bayside Drive to the waterfront. 3 VICINITY MAP � BAY HARBOR - T.M. 15323 PLANNED COMMUNITY DISTRICT ADAMS • STREETER CIVIL ENGINEERS, INC. 15 Corporate Park, Irvine, CA 92606 Ph: (949) 474 -2330 Fax: (949) 474 -0251 NOT TO SCALE CONTACT: FELIX GONZALEZ V) ��f \§ E-; OZ F4:§ �. � .. . 2 w w F3 Zn _j w )� �Ili Iz- Q LLJ - ..... -, � ,n o w le u § /.,m EL 0 z AV@ ANOiNONONd 0 H 3OV130 WORM a IS3GNn Allywi AWN V 319NIS -NNOLLV38338 SECTION I STATISTICAL ANALYSIS ` -1 1. Area of Development Total Area: 2. Site Area and Usage 3.92 acres A. Individual residential leases 2.79 acres (Lots 1 -17) B. Common recreation area: 0.19 acres. (Lot "A ") C. Irrevocable public access 0.17 acres (Lot "B ") D. Common open space & landscape 0.10 acres. (Lots "C ", "D ") E. Vehicular driveways 0.67 acres (Lot "E ") SECTION II DEVELOPMENT & USE REGULATIONS 1. Permitted Uses A. Single- family, detached dwellings B. Accessory structures (i.e. garages, gazebos, barbeques, etc.) C. Recreation facilities ancillary to residential uses D. Model homes and on -site sales office E. Home occupations pursuant to the Zoning Code 2. Intensity of Development fences, walls, Maximum permissible number of units: 17 single - family, detached dwellings 4. Minimum Lot Area and Minimum lot areas are as indicated in Table 1, "Bayside Planned Community District Regulations." 5. Maximum Buildable Area Maximum buildable areas are as indicated in Table 1, `Bayside Planned Community District Regulations." 6. Maximum Floor Area The maximum allowable floor area is 1.75 times maximum buildable area as indicated in Table 1, 'Bayside Planned Community District Regulations." M 7. Minimum Yards Minimum yards are as indicated in Table 1, "Bayside Planned Community District Regulations." Table 1 Bayside Planned Community District Regulations 7 8 11 6,000 3,540 6,195 20' 5' 5' 12 6,000 3,540 6,195 20'7 5' 5'8 13 6,000 3,327 5,822 20'7 5/10' 58 14 6,720 3,564 6,237 20'7 6/10' 5'e 15 8,400 3,856 6,748 15/'20'7.11 5'5 10'5'8 16 6,640 3,851 6,739 20' 5'5 10'5 17 5,800 3,364 5,887 20' 5'5 10'5 1 Lot area less minimum front, side, and rear yard areas 2 1.75 X Maximum buildable area and not including maximum 400 sq. ft. attributable to required, enclosed parking 3 Minimum 18' required between face of garage wall and back of curb 4 Minimum 20' front yard if merged with Lot 2 5 Lots 1, 15, 16, & 17, minimum 10' yard required parallel to Bayside Drive and measured from the respective landscape Lot "C" or Lot "D ". e Minimum 10' side yard required between building wall and easterly tract boundary. 7 Water -side yard deemed "front yard" for Lots 3 - 15 (see Tract Map) 8 Minimum 5' rear yard required between each one -story building wall and curbside property line; minimum 10' rear yard required between each two -story building wall and curbside property line. 9 Minimum 5' side yard required adjacent to "Fire Access Easement" shown on Tract Map 10 Minimum 5' side yard adjacent to "pedestrian access easement" on Tract Map 11 Minimum 20' required at southerly 55' of front yard; minimum 15' required at northerly 42' per Tract Map Minimum M Maximum M Maximum Minimum Yards' Lot L Lot Area A Area F Floor (Sq. Ft.) ( (Sq. Ft.)' A Area F Front S Side R Rear 1 6 6,550 4 4,048 7 7,084 3 35'4 5 5'5.6 1 10'5 2 5 5,818 3 3,172 5 5,551 2 20' 5 5' 1 10' 3 1 10,559 6 6,117 1 10,704 1 15'7 5 5' 1 10'6 4 6 6,350 3 3,556 6 6,223 2 22'7 5 5' 5 58 5 8 8,351 4 4,927 8 8,622 2 22'7 5 59 5 5'8 6 7 7,620 4 4,419 7 7,733 2 22'7 5 5' 5 5'8 7 7 7,937 4 4,683 8 8,195 2 22'7 5 5' 5 58 8 6 6,350 3 3,556 6 6,223 2 22'7 5 5' 5 58 9 8 8,868 5 5,135 8 8,985 1 17'7 5 5' 6 68.10 10 7 7,155 4 4,113 7 7,198 2 20'7 5 5' 5 5'8.9 11 6,000 3,540 6,195 20' 5' 5' 12 6,000 3,540 6,195 20'7 5' 5'8 13 6,000 3,327 5,822 20'7 5/10' 58 14 6,720 3,564 6,237 20'7 6/10' 5'e 15 8,400 3,856 6,748 15/'20'7.11 5'5 10'5'8 16 6,640 3,851 6,739 20' 5'5 10'5 17 5,800 3,364 5,887 20' 5'5 10'5 1 Lot area less minimum front, side, and rear yard areas 2 1.75 X Maximum buildable area and not including maximum 400 sq. ft. attributable to required, enclosed parking 3 Minimum 18' required between face of garage wall and back of curb 4 Minimum 20' front yard if merged with Lot 2 5 Lots 1, 15, 16, & 17, minimum 10' yard required parallel to Bayside Drive and measured from the respective landscape Lot "C" or Lot "D ". e Minimum 10' side yard required between building wall and easterly tract boundary. 7 Water -side yard deemed "front yard" for Lots 3 - 15 (see Tract Map) 8 Minimum 5' rear yard required between each one -story building wall and curbside property line; minimum 10' rear yard required between each two -story building wall and curbside property line. 9 Minimum 5' side yard required adjacent to "Fire Access Easement" shown on Tract Map 10 Minimum 5' side yard adjacent to "pedestrian access easement" on Tract Map 11 Minimum 20' required at southerly 55' of front yard; minimum 15' required at northerly 42' per Tract Map 1 Lot area less minimum front, side, and rear yard areas 2 1.75 X Maximum buildable area and not including maximum 400 sq. ft. attributable to required, enclosed parking 3 Minimum 18' required between face of garage wall and back of curb 4 Minimum 20' front yard if merged with Lot 2 5 Lots 1, 15, 16, & 17, minimum 10' yard required parallel to Bayside Drive and measured from the respective landscape Lot "C" or Lot "D ". e Minimum 10' side yard required between building wall and easterly tract boundary. 7 Water -side yard deemed "front yard" for Lots 3 - 15 (see Tract Map) 8 Minimum 5' rear yard required between each one -story building wall and curbside property line; minimum 10' rear yard required between each two -story building wall and curbside property line. 9 Minimum 5' side yard required adjacent to "Fire Access Easement" shown on Tract Map 10 Minimum 5' side yard adjacent to "pedestrian access easement" on Tract Map 11 Minimum 20' required at southerly 55' of front yard; minimum 15' required at northerly 42' per Tract Map 8. Building Height The baseline for measuring height shall be finished grade. The maximum permissible height of any dwelling shall be 28 feet to the mid -point of a sloping roof or to the top of a flat roof. The peak of a sloping roof shall not exceed 33 feet. If a roof -top deck is proposed, the height of any protective railing shall be no higher than 28 feet. The maximum permissible height of any accessory structure shall be 12 feet. 9. Building Pad Elevations Building pads adjacent to the bulk -head along Newport Channel may be raised to elevations as shown on Tentative Tract Map 2004 -001 (TRACT 15323) approved in conjunction with adoption of this text. 10. Vehicular Access Vehicular access to all buildable lots within the Bayside Community shall be provided by a private driveway that shall comply with City Council Policy L -4 except that sidewalks are not required. The minimum width of the private driveways shall be 36 feet measured curb to curb when parking is allowed on both sides of the private driveway and 32 feet curb to curb when parking is allowed on one side or no parking is allowed. Curb -side parking spaces within on Lot "E" shall be 8' x 22' minimum. The Bayside P -C development may be a private (gate guarded) community with secured vehicular access. 11. Parkin The size of open and enclosed parking spaces and areas shall be as specified by the residential parking standards contained in the Newport Beach Zoning Code. A minimum of two (2) garage parking spaces shall be provided per dwelling. In addition, a minimum of two parking spaces (side -by -side, not tandem) shall be provided on the driveway approach to each garage of each single - family dwelling. A total of 19 curb -side parking spaces shall be provided on the common, private driveway that provides access to each buildable lot. Driveway approaches to each dwelling shall not exceed 20 feet for a two -car garage, 25 feet for a three -car garage, and 32 feet for a four -car garage. A maximum of 1 driveway approach is permitted dwelling. 12. Signs All signs shall conform to the all applicable sign standards of the Municipal Code. A sign program for the Bayside Planned Community shall be submitted pursuant 3 to Section 20.67 of the Zoning Code for review and approval by the Planning Director. _J 13. Lighting All lighting within the development shall be implemented and maintained in accordance with applicable City Standards and shall be designed and maintained in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security. All plans for lighting shall be prepared and signed by a licensed electrical engineer and shall be subject to review and approval of the Planning Director. 14. Fences. Hedges and Walls Fences, hedges and walls shall be limited to three (3) feet in height in all front yards and in the rear yards of waterfront lots (Lots 3 -15). Fences, hedges, and walls shall be limited to six (6) feet in height in all other rear yards and side yards including the perimeter wall at Bayside Drive. Exception: Hedges along the perimeter wall along Bayside Drive shall be limited to twelve (12) feet in height. Exception: Open -work walls and fences that are ninety- percent of the wall plane open (wrought iron in combination with pilaster) up to a maximum of six (6) feet in height are permitted at the side property line of each waterfront lot (Lots 3 -15) and extending into the front yard from the setback line to the waterfront property line. Walls that extend in the same plane as the front (common driveway -side) wall of a dwelling into a required side yard for purposes of enhancing the entrance of an entry courtyard may be up to twelve (12) feet in height. 15. Arbors and Trellises Arbors and trellises may project into yards abutting the common driveway provided no such structure is closer than four (4) feet to the property line. The footprint area of such structures shall not exceed forty (40) square feet with a maximum height of ten (10) feet. Arbors and trellises must be at least 50% open. 0 16. Barbeques Freestanding barbeques may project into all residential side yards, into rear yards of non - waterfront lots (Lots 1, 2, 16, 17) and front yards of waterfront lots (Lots 3 -15) provided a minimum distance of four (4) feet is maintained between the barbeques and the respective side, rear, or front property lines. No barbeque including chimney may exceed five (5) feet in height. Barbeques shall be located so as not to impede emergency access. 17. Structures in Common Areas Freestanding structures such as entry arbors, trellis, and colonnades are permitted in common areas. Said structures are limited to twelve (12) feet in height. Entry arbors, trellises, and colonnades must be at least 50% open and shall be located at least four (4) feet from the nearest property line or lines. Freestanding fireplaces or barbeques in common areas are permitted with a maximum height of ten (10) feet and subject to compliance with the requirements of the Uniform Building Code. Fireplaces and barbeques must be located at least four (4) feet from the nearest property line or lines. SECTION III CONDITIONS OF APPROVAL = The following conditions shall apply to all development pursuant to the Bayside Planned Community Development Regulations and are adopted as conditions of approval of Tentative Tract Map No. 2004 -001 (Tract 15323): Water service to the Planned Community will be furnished by the City of Newport Beach. Each dwelling unit/building shall be served with an individual water service lateral connection to the public water system unless otherwise approved by the Public Works Department and the Building Department. 2. Sewage disposal service facilities to the Planned Community will be provided by the City of Newport Beach and the Orange County Sanitation District. Each dwelling unit/building shall be served with an individual sewer service lateral connection to the public sewer system unless otherwise approved by the Public Works Department and the Building Department. 3. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 4. The developer shall comply with the City's water quality and on -site non -storm runoff retention requirements by the preparation and approval by the City of a Stormwater Pollution Prevention Plan (SWPPP). Existing drainage outlets within 10 the existing seawalls that discharge on -site runoff into the Bay shall be modified to meet the City's on -site runoff water quality requirements. ,l 5. Fire equipment access walkways, streets, gangplanks, and dock ways shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the City Newport Beach Building and Fire Departments. 6. Street, drainage and utility improvements shall be submitted on City standard improvement plan formats. All of the plan sheets shall be prepared by California licensed professionals responsible for the designs shown on the Plans. 7. All improvements shall be designed and constructed in accordance with the current edition of the City Design Criteria, Standard Special Provisions, and Standard Drawings. 8. The California Vehicle Code shall be enforced on the private streets and drives, and delineation acceptable to the Police Department and Public Works Department shall be provided along the sidelines of the private streets and drives. 9. Curb -side collection of refuse shall be subject to City of Newport Beach approval. 10. The design of public access improvements shall provide for full public access 24 -' hours a day, 7 -days a week to 100% of the bay frontage along Promontory Bay Channel and Balboa Channel. The existing walkway along the Promontory Channel shall be improved to provide a minimum width of eight (8) feet unobstructed passage and a raised planter, two feet in width, extending the length of the walkway. A new, on -land and cantilevered public walkway along the water front shall be eight (8) feet clear and shall be constructed to meet all ADA standards as shall the new ramp connecting this walkway with the existing floating walkway. 11. A 12 -foot wide concrete sidewalk/bike path behind the street curb face shall be provided along the Bayside Drive frontage. 12. All on -site common area improvements such as parks, docks, entry gates and entry, all on -site drainage, sanitary sewer, water, and electrical systems shall be owned or leased, operated and maintained by the HOA. 13. All overhead utilities serving the P -C shall be made underground. 14. The developer shall be required to submit a sign plan for review by the Planning Department for conformity with Chapter 20.67 of the Zoning Code. The sign plan shall include informational signs at the access to Lot B from Bayside Drive right- of -way, at the juncture of the Promontory Bay accessway on Lot B with the on- 11 land and cantilevered accessway along the Bay, and at the location where the prolongation of the easterly property line of the subject property intersects with the floating dockway clearly identifying such improvements as public walkways and inviting pedestrians. Sign text and graphics are subject to review and approval of the Planning Director. 15. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the Planned Community District Regulations. 16. The development shall be in substantial conformance with the approved Tentative Tract marked Attachment 4 to the City Council Staff Report for PA 2004 -072 dated February 14, 2006. 17. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. 18. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 19. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide Jconstitute a precedent for future approvals or decisions. 20. Should this site be sold or otherwise come under different ownership or be operated by a different entity than the applicant, any future owners, assignees or operators shall be notified of the conditions of this approval by the current owner or leasing company. 21. No dwelling other than one, single - family, detached dwelling may be constructed on any buildable lot created by Tentative Tract Map 53232. No dwelling may exceed .a height of twenty -eight (28) feet as measured consistent with Municipal Code Section 20.65.030, "Measurement of Height ". For this purpose, "grade" shall be the respective pad elevations shown on the Tentative Tract Map. These restrictions shall be included in the Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Clerk at the time a Final Map is recorded. 22. Boat slips fronting the project site shall be operated as a residential marina for the 17 residential leaseholds of the Bayside Residential Planned Community. The slips shall not be rented to anyone who is not a resident of the Bayside Residential Planned Community. These restrictions shall be noted on the Final Map and incorporated into Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Clerk at the time a Final Map is recorded. 12 23. The applicant shall prepare architectural guidelines that will apply to the design of all dwellings proposed for construction on lots created by Tentative Tract Map 15323 approved together with this Use Permit. The architectural guidelines shall be subject to review and approval of the Planning Director. The architectural guidelines shall be incorporated into Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Clerk at the time a Final Map is recorded. The CC &R's shall require that all dwellings and improvements comply with the architectural guidelines. 24. The applicant shall prepare plans for construction of public access improvements on Lot B including the public walkway improvements along Promontory Bay, the on- land and cantilevered walkway along the existing bulkhead, the ramp connecting the on -land and cantilevered walkway with the existing floating dockway, and related improvements consistent with revised Tentative Tract Map 15323 as necessary to comply with handicapped access requirements of the California Building Codes and to enhance pedestrian safety and improve the visual character of public access through inclusion of lighting, railings, and other appropriate improvements. The plans shall be developed in consultation with the City's Harbor Resources Division and subject to final approval by Harbor Resources, Public Works, and Planning. 25. The on -land and cantilevered walkway and ramp shall be designed to meet exiting and fire protection requirements as specified by the applicable Codes and shall be subject to review and approval by the Newport Beach Building, Fire, and Harbor Resources Departments._ 26. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 27. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 28. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 29. A sign plan shall be submitted for review for conformity with Chapter 20.67 of the Zoning Code. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110 -L to ensure that adequate sight distance is provided. 30. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 13 31. The Developer shall file one (1) Final Tract Map (Map). 32. The Map shall be prepared on the California coordinate system (NAD88). Prior to recordation of the Map, the surveyodengineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in the Orange County Subdivision Code and Orange County Subdivision Manual. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 33. The Final Map shall include reconfigured Lots C and D that encompass the perimeter wall to be reconstructed along the Bayside Drive frontage and a landscaped area, minimum 6 -feet in width, measured between the back of the existing public sidewalk as shown on the Tentative Tract Map and the face of the reconstructed perimeter wall. 34. The Developer of the Bayside Planned Community shall obtain and maintain a valid Harbor Permit for the continued operation and maintenance of the existing or future docks, gangplanks and other dock related improvements. This Harbor Permit shall be transferred to the Homeowners Association (HOA) for the Bayside Planned Community upon its creation. As a condition to the Harbor Permit, the fee owner and leasehold owner shall execute an agreement to provide and maintain public access as identified within these Planned Community District Regulations and these conditions of approval. 35. The Final Map shall be revised to provide a lettered lot coterminous with the cantilevered public walkway along Lots 3 -9 unless the California Coastal Commission determines that the cantilevered public walkway is not the appropriate means of providing public access to the waterfront. Said lot shall be owned and maintained by the Home Owners Association for public access purposes and said lot shall not be obstructed or used for other purposes. 36. Prior to recordation, the Map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the City Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 37. A hydrology and hydraulic study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the Map. 14 38. Submit written documentation from the holders of the various existing easements shown on the Tentative Trace Map as being relocated or replaced ore relinquished that they have reviewed and agreed with the quitclaim of their respective easements as proposed by the Developer. 39. Easements for public emergency and security ingress /egress, weekly refuse service, and public utility purposes on all private streets shall be dedicated to the City. Said easements shall be shown on the tract maps. 40. No structures shall be constructed within the limits of any utilities easements. 41. All applicable fees shall be paid prior to the City approval of the Final Tract Map. 42. Construction surety in a form acceptable to the City, guaranteeing the completion of the various required public improvements, shall be submitted to the Public Works Department prior to the City approval of the Final Tract Map. 43. All improvements within the public right -of -way shall be designed and constructed per City Standards. 44. In the event that private construction work damaged existing public improvements surrounding the site, the Public Works Inspector at his discretion will require additional public works reconstruction work as needed. 45. The centerline of the curb access ramps proposed at the development site entrance shall parallel with the Bayside Drive roadway alignment. 46. The construction of bulkhead and gangways requires separate plan check and permits. 47. The construction of bulkhead and gangways shall be performed only during periods of low tide. Plastic sheeting shall be placed below the work location to collect the fallen construction debris. The collected debris shall be removed and disposed of at the end of each workday. 48. Prior to the construction of bulkhead and gangways, a determination shall be made by a qualified biologist as to the existence of eelgrass surrounding /nearby the work site. In case of eelgrass, the Developer shall coordinate with the City's Harbor Resources Division to apply for and obtain the required permits from The US Army Corps of Engineers, The US Wildlife and Fishery Service, The California Coastal Commission, and other agencies for the work. 49. All improvements shall be designed and constructed in accordance with the current edition of the City Design Criteria, Standard Special Provisions, and Standard Drawings. 15 50. Street, drainage and utility improvements shall be submitted on City standard improvement plan formats. All of the plan sheets shall be prepared by California licensed professionals responsible for the designs shown on the Plans. 51. The entry gate, when fully opened, shall stay clear of the travel path of vehicles making right turns into the Tract. 52. All on -site drainage, sanitary sewer, water, and electrical systems shall be owned, operated, and maintained by the Homeowners Association. 53. There are existing drainage outlets within the existing seawalls that discharge on- site runoff into the Bay. Submit details on the disposition of these existing drainage outlets. If these outlets are to remain in place, submit details as to how these outlets will be modified to meet the City's on -site runoff retention water quality requirements. 54. Details shall be provided as to how the development will comply with the City's water quality and on -site non -storm runoff retention requirements. 55. All storm drain and sanitary sewer mains shall be installed with MacWrap. 56. ADA compliant curb access ramps shall be constructed at all interior curb returns. 57. Each dwelling unit/building shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 58. The intersection of the driveways with Bayside Drive shall be designed to provide sight distance for a secondary roadway per City of Newport Beach Standard Drawing STD - 110 -L. Slopes, landscaping, walls, signs and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height and the monument identification sign must be located outside the line of sight cone. The sight distance may be modified at non - critical locations, subject to approval by the Traffic Engineer. 59. The project shall provide 45 feet of vehicle stacking distance prior to the entry call box measured from the property line. Two entry lanes shall be provided, one lane for guest call box use and one for residential use. 60. Provide details on the vehicular turnaround area for garaged vehicles exiting Lots No. 3, No. 9 and Lot No. 15 and revise as required by the City Engineer. 61. On -site parking, vehicular circulation and pedestrian circulation system shall be subject to further review by the City Traffic Engineer. "M 62. Provide Class III standpipe system at existing dock. Remove 2'/2 connections at bulkhead. 63. Provide fire department connection for docks on Bayside Drive. Fire Department connection shall be located within 150 feet of a public hydrant on same side of street. 64. Automatic fire extinguishing system required for residential units when the total floor area exceeds 5,000 square feet. 65. Minimum width at entrance shall be 14 feet clear; preliminary plans shows less than 14 feet at two locations. 66. Turning radius for fire apparatus shall not be less than 20 feet inside radius and 40 feet outside radius. Show on plan. 67. Any obstructions in required fire access roadways, including speed bumps and speed humps, are prohibited. 68. Provide on -site public fire hydrants. 69. Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City policies. 70. Prior to the issuance of grading /building permits, the final design of all required off -site right of way improvements shall be reviewed and approved by the Public Works Department and Traffic Engineer. 71. Prior to the issuance of grading permits, the applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large vehicles. The plan shall include a haul route plan for review and approval of the Public Works Department. Said plan shall specify the routes to be traveled, times of travel, total number of trucks, number of trucks per hour, time of operation, and safety /congestion precautions (e.g., signage, flagmen). Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 72. Prior to the issuance of individual building permits, the applicant shall provide designs for building foundations and slabs appropriate to mitigating liquefaction hazard. 17 73. Prior to the issuance of grading, the applicant shall provide results from an inspection by a qualified engineer indicating the condition of the seawalls and -' tiebacks and make repairs to same as necessary. 74. Prior to the issuance of a -grading permit, a Stormwater Pollution Prevention Plan ( SWPPP) shall be prepared and approved by the City of Newport Beach as the local permitting agency in accordance with the requirements of the Regional Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to eliminate and /or minimize stormwater pollution prior to, and during construction. The SWPPP shall require construction to occur in stages and stabilized prior to disturbing other areas and require the use of temporary diversion dikes and basins to trap sediment from run -off and allow clarification prior to discharge. 75. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the City. 76. Prior to the issuance of a grading permit, the applicant shall obtain a NPDES permit. The applicant shall incorporate storm water pollutant control into erosion control plans using BMPs to the maximum extent possible. Evidence that proper clearances have been obtained through the State Water Resources Control Board shall be given to the Building Department prior to issuance of grading permits. 77. Prior to the issuance of a grading permit, the applicant shall submit evidence to the City Building Official that the applicant has obtained coverage under the NPDES statewide General Construction Activity Stormwater Permit from the State Water Resources Control Board. 78. Prior to issuance of a grading permit, the project applicant shall document to the City of Newport Beach Building Department that all facilities will be designed and constructed to comply with current seismic safety standards and the current City - adopted version of the Uniform Building Code. 79. Prior to issuance of a grading permit, a geotechnical report shall be submitted with construction drawings for plan check. The Building Department shall ensure that the project complies with the geotechnical recommendations included in the In "Geotechnical Investigation" (Petra, 2004), as well as additional requirements, if any, imposed by the Newport Beach Building Department. 80. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified archaeologist has been retained to observe grading activities and conduct salvage excavation of archaeological resources as necessary. The archaeologist shall be present at the pre - grading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and /or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. 81. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Department that a qualified paleontologist has been retained to observe grading activities and salvage fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of fossils. If major paleontological resources are discovered which require long term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. 82. Prior to the issuance of a building permit, a detailed acoustical analysis shall be prepared by a qualified acoustical consultant and submitted to the City. This acoustical analysis shall describe and quantify the noise sources impacting the area and the measures required to meet the 65 CNEL exterior residential noise standard. The final grading plans shall incorporate the noise barriers required by the analysis and the property owner /developer shall install these barriers. 83. Prior to the issuance of a grading or building demolition permit, the applicant shall submit an asbestos abatement and removal plan to the City Building Official for approval. The abatement and removal plan shall comply with notification and asbestos removal procedures outlined in SCAQMD Rule 1403 to reduce asbestos related health issues. 84. Prior to the issuance of a demolition permit, the applicant shall submit a lead - based paint abatement and removal plan in accordance with all applicable 19 federal, state, and local regulatory requirements to the City Building Official for approval. 85. Prior to the issuance of a grading or building permit, the applicant shall submit an Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City Building Official, to demonstrate compliance with local and state water quality regulations for grading and construction activities. The ESCP shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into local drainages or coastal waters by wind, rain, tracking, tidal erosion, or dispersion. The ESCP shall also describe how the applicant will ensure that all Best Management Practices (BMPs) will be maintained during construction of any future public right -of -ways. A copy of the current ESCP shall be kept at the project site and be available for City of Newport Beach review on request 86. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect for review and subsequent approval by the Planning Director upon determination that the landscape plan is consistent with City standards and policies. The landscape and irrigation plan shall include landscaping and irrigation within the Bayside Drive right -of -way between the back of public sidewalk and the boundary of the Tract Map. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department, General Services Department and Public Works Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. . 87. Prior the issuance of a building permit, the project shall be reviewed by the Building Department to verify compliance with the following requirements: a. Project design must comply with the 1997 Uniform Building Code (UBC) seismic design criteria. b. Structure setback must comply with either the 1997 Uniform Building Code (UBC) or the Orange County Grading Manual. c. Any imported soil for general grading shall have an Expansion Index of less than 60. d. Control site drainage. e. Design footing embedments to resist the effects of expansive soil. f. Maintain a proportionately high dead load component on foundations. FIX g. Over- excavate and moisture soils condition below foundations, floor slabs and hardscape. h. Use of articulation and reinforcement of concrete slabs and footings. i. Use of rigid foundation and floor slabs. 88. Prior to the issuance of a building permit, the project shall be reviewed by the Building Department to verify compliance with the following requirements: a. Provide on -site hydrants; b. All gates to property shall be automatic and provided with opticom and knox key. 89. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping materials and irrigation systems have been installed in accordance with the approved plans. 90. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare as specified in these conditions. 91. During construction of the proposed improvements: a. construction vehicles shall not block roadways on any roads adjacent to the project site or any of the roads leading to or from the project site; b. construction equipment will be properly maintained at an off -site location and includes proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on -site during construction; C. all contractors will be advised not to idle construction equipment on site for more than ten minutes; d. on -site diesel fueled construction equipment will be fueled with aqueous diesel fuel; e. cover all trucks hauling soil, sand, and other loose materials, or require all trucks to maintain at least two feet of freeboard; f. pave, water (three times daily), or apply non -toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites; g. sweep all paved access roads, parking areas, and staging areas at construction sites daily with water sweepers; h. Sweep streets daily with water sweepers if visible soil material is carried onto adjacent public streets; i. Hydro seed or apply non -toxic stabilizers to inactive construction areas; j. enclose, cover, water (twice daily), or apply non -toxic soil binders to (dirt, sand, etc.); exposed stockpiles 21 k. limit traffic speeds on unpaved roads to 15 miles per hour; 1. install sandbags or other erosion control measures to prevent silt runoff to public roadways during; M. replant vegetation in disturbed areas as quickly as possible; n. all construction equipment shall be properly tuned and maintained; o. contractors shall maintain and operate construction equipment so as to minimize exhaust emissions; p. trucks and vehicles in loading or unloading queues shall not idle; q. construction activities shall be staged and scheduled to avoid emissions peaks, and discontinued during second -stage smog alerts 92. During construction of the proposed improvements, in accordance with Public Resources Code 5097.94, if human remains are found, the Orange County coroner must be notified within 24 hours of the discovery. If the coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacramento to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. 93. The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the issuance of a Building Permit. 94. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 95. Prior to issuance of any Certificate of Occupancy, applicant shall provide an agreement, in form acceptable to the City Attorney, which provides for maintenance of landscaping within the Bayside Drive right -of -way between the back of public sidewalk and the boundary of the Tract Map. The agreement shall include right of entry to the right -of -way for the benefit of the applicant, the Homeowners association, and any successors for purposes of maintaining the landscaping. 96. Prior to issuance of any Certificate of Occupancy, applicant shall complete construction of public access improvements including the walkway along Promontory Bay, the on -land and cantilevered walkway across and along the bulkhead, and the ramp connecting this walkway to the existing floating walkway. 97. Prior to issuance of a Certificate of Occupancy for the first dwelling constructed in the tract, applicant shall provide an agreement, in form acceptable to the City 22 Attorney, which provides for maintenance of the pedestrian accessways on Lot "B ", for the ramp extending from such accessways to the floating dock, for the ' floating dockway, and for related improvements by the Homeowners Association. The agreement shall include right -of -entry to the City's property for the benefit of the applicant, the Homeowners Association, and any successors for purposes of maintaining the improvements. 98. Prior to issuance of any Certificate of Occupancv, applicant shall provide a disclosure statement, in form acceptable to the City Attorney and to the Planning Director, which shall be provided to each prospective lessee of one of the 17 lots in the subdivision advising of the potential noxious characteristics of the nearby boatyard which could adversely affect the prospective lessee's enjoyment of the property. The disclosure statement shall be included and recorded with the Conditions, Covenants, and Restrictions at the County Recorder's Office and each lessee shall be required to acknowledge receipt of the disclosure statement, in writing, prior to executing a lease and the written acknowledgement shall be recorded together with the lease agreement with the County Recorder. 99. Prior to recordation of the Final Tract Map, applicant shall provide an instrument, in form acceptable to the City Attorney, dedicating an easement for public access over and across the on -land and cantilevered walkway on the bulkhead at the southerly boundary of the Tract, the pedestrian ramp extending from the walkway on the bulkhead to the floating walkway, and that portion of the floating walkway shown on the Tract Map and necessary to provide pedestrian access from the pedestrian ramp to the floating dockway on the adjacent property to the east. 23 3. E �Tg� a P `a000 P >a 99 NOW Ave H w —�4 _ �� avrlaxe vxissxe a�Fe o`wislvi ";eE -- i'le f o / � 2 �y �b Rt Cam" at =•i I I I Ir I.W Pa3 I I 91 1 @® J e J I Im Hit e �19Y Q p 5ag 88 Q gqeq • e � yg§yS 9�ill pp�� gg @na ygggy$ s3�� 88 �' e d pxgy c$ :r�� qa 3g $qe - " g A, it jai Ell y gp g ggag g g $ Euapg- . ffi� i j${�tsav i86 vv %aP ey §A 3� B 'gyp i] [ }Y �x3yy3F �'� �8@ c)ftVPpq%)1 co FG�2ggw s g •� ~ '�'� o$a g Y W LL b e i •3_ F E� €a€ Pis g; € 5�hg as E g ai;� � 6°a'PE e gy B�3 ip 3� �� BpFgts 95 4l P P "ea 8 e Gil sAa a C aGa n i4npYG }��s } N9 'N MAP A�"SMI �W a $$opg 4LE 2 Im Hit e �19Y Q p 5ag 88 Q gqeq • e � yg§yS 9�ill pp�� gg @na ygggy$ s3�� 88 �' e d pxgy c$ :r�� qa 3g $qe - " g A, it jai Ell y gp g ggag g g $ Euapg- . ffi� i j${�tsav i86 vv %aP ey §A 3� B 'gyp i] [ }Y �x3yy3F �'� �8@ Exhibit `B" l at i t 3 r E / � ! a. gLey 2 }1? I{ 9C LeF "F"�pgipqkkaEaE4ys$�as�a n I z , S Y z <0 � W U 4 Y s haexn J�a. awi CC G s@ z s s Y ° 411''J 5 1 J I I` V ;W� q a� wl UQ _W - W AF LLm ml, mamas: ° I v Wo Q ° r JI i —a =m RNO VO k I. z o � 1 j om9 m O fr r a , I y 1 •iM } t ��' r I l ia�cnl CW a av+m exuow.ltw Sae E/ aN dVw ,��r l TO: FROM: SUBJECT: LOCATION: APPLICANT: ISSUE > '00W lk AGENDA b CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item 8 . February 14, 2006 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David Lepo, Contract Planner 949- 553 -1427, dlepo @hogleireland.com Bayside Residential Planned Community (PA2004 -072). 919 Bayside Drive UGS Development Inc. Should the City Council approve the Bayside Residential Planned Community allowing an existing 64 -unit apartment complex to be demolished and the development of a 17- lot, single - family residential subdivision? RECOMMENDATIONS Review the draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, the Code Amendment, the Tentative Tract Map, and the Coastal Residential Development Permit, receive public comments, and: 1. Adopt Resolution No. _ adopting Mitigated Negative Declaration (SCH No. 2005 - 061019) and Mitigation Monitoring and Reporting Program, approving Tentative Tract Map 2004 -001 (Tract 15323), and approving Coastal Residential Development Permit No. 2005 -001 for property located at 919 Bayside Drive (PA 2004 -072); and, 2. Introduce Ordinance No. , enacting Code Amendment No. 2005 -007 and adopting Planned Community Text No. 54, and pass to second reading on February 28, 2006. i 4 4y 919 Bayside Drive February 14, 2006 Page 3 of 8 DISCUSSiQU Backqround On January 10, 2006, the City Council held a public hearing on an application by UGS Development, Inc. The application includes a request for approval of a Code Amendment and a Tentative Tract Map to allow construction of 17 single - family homes on a 3.92 -acre parcel on the south side of Bayside Drive, adjacent to Promontory Channel and Newport Bay. The Planning Commission recommendation to the City Council was to approve the project subject to a condition that public access to the waterfront be maintained across an existing six -foot wide, floating walkway. The possibility of requiring on -land access rather than merely maintaining the on -water access was the focus of City Council discussion. Central to the City Council discussion was Policy 3.1.1 -13 of the Local Coastal Program Coastal Land Use Plan requiring an offer to dedicate an on -land easement for public access in conjunction with any development causing or contributing to adverse public access impacts, California Government Code Section 664778.4 prohibiting approval of a subdivision map that does not provide reasonable public access to water within or adjacent to the subdivision, and Policies HB -2.1.1 and HB 2.1.3 of the Harbor and Bay Element of the General Plan indicating the need to expand and improve existing public waterfront access. The City Council considered the concepts of reasonable public access to the waterfront and the measures appropriate to expanding and improving public access beyond that of the existing floating walkway. Alternative measures included: widening the existing 6- foot wide floating walkway to 10 feet in width; requiring an Irrevocable Offer to Dedicate for an on -land easement across the subject property with improvements to be constructed now, or alternatively, in the future upon occurrence of certain events; and an easement over and along the existing bulkhead, partially on land and partially cantilevered over the surface of the water. At the conclusion of deliberations, City Council continued the matter until February 14, 2006, to allow the project applicant time to consider the various suggested means of improving public access. Revised Tract Map Submittal and Conditions In response to City Council comments on January 10, 2006, the applicant has submitted a revised Tentative Tract Map together with 'Proposed Changes to TTM 15323 (919 Bayside)" included as Attachment 3. This submittal indicates partial on -land public access, including construction of ramps and walkways, along the waterfront. As shown on the revised Tentative Tract Map, an eight -foot wide public walkway would be constructed across a public access easement to be provided over and along the 919 Bayside Drive February 14, 2006 Page 4 of 8 bulkhead at the south boundary of the subject property. This 8 -foot wide walkway and easement are comprised of a 3 -foot wide, on -land component adjoining a 5 -foot wide segment cantilevered over the surface of the water. The location of the easement is clearly shown on the revised map and it is also depicted in Section D -D on the map. The width of each easement component is measured from the centerline of the existing bulkhead. Both the easement and the walkway extend from the existing, on -land easement along Promontory Channel along the westerly property line of the subject parcel to the easterly property line. Staff recommends only one further modification to the revised tentative map requiring the proposed easement across Lots 3 -9 be placed in a separate lettered lot to be retained by the homeowners association rather than being comprised of a portion of 7 lots. The revised proposal includes an easement to accommodate a ramp and walkway segment (Americans with Disability Act - compliant) outside the boundaries of the Tentative Tract Map. These would extend from the bulkhead walkway to the easterly end of the existing floating walkway at the project site where the walkway continues along the waterfront at the Cove Condominium property to the east. Construction of the ramp would be a condition of project approval. It should be noted that the public access easement over the floating dockway and shown on the Tentative Tract Map includes only that portion of the dockway necessary to connect the proposed ramp with the Cove Condominium floating walkway. Revisions to the project and the Tentative Tract Map necessary to provide the newly - proposed public access are accompanied by other changes to the project as indicated in Attachment 3. These include: • An increase in proposed pad elevations of up to 18 inches for all the residential lots to accommodate proper functioning of the sanitary sewer line. The revised tentative tract map has new proposed pad elevations which establish the grades for the project as well as establish the baseline for measuring the height of the buildings. The increased grades will provide a larger grade differential between the residences and the proposed public walkway that promotes enhanced privacy. • Removal of two (2) existing gangplanks to reduce shading impacts on the bay bottom. This is viewed as beneficial to the marine environment and staff supports this change. • Elimination of a walkway between Lots 9 and 10 providing resident access to the public walkway on Lot B along Promontory Bay. The applicant has not indicated how resident access will be provided. • Revision in the southwesterly boundary of Lot 9 to accommodate reconfigured, on -land public access. 919 Bayside Drive February 14, 2006 Page 5 of 8 Reduction of front setbacks of Lots 4 through 9 by three feet commensurate with 3 -foot on -land public access dedication and walkway. The structures will remain 22 feet from the walkways which should provide sufficient separation. Issues To Be Resolved Consistent with the discussion at the public hearing on January 10, 2006, the City Council must determine if the project, with revisions as indicated and subject to Conditions of Approval, improves public access and includes improvements that provide reasonable public access to the waterfront. If the City Council determines that the project satisfies these requirements, the attached Resolution which includes the following findings relative to public access should be adopted: Finding The proposed subdivision is consistent with and serves to implement the policies and provisions of the General Plan. Facts The General Plan Land Use Element directs that all subdivisions be consistent with the Subdivision Code. Subject to Conditions of Approval and inclusion of required public access as indicated below, the Tentative Tract Map is consistent with the Subdivision Code. Section 664778.4 of the California Government Code prohibits a City from approving a tentative or final subdivision map that fronts on a public waterway that does not provide or have available reasonable public access by fee or easement from a public highway to that portion of the public waterway bordering or lying within the proposed subdivision. The Tentative Tract Map, with revisions and subject to Conditions of Approval, provides reasonable public access along the southerly boundary of the project site from a public highway by way of fee or easement. Public access including an 8 -foot wide easement and walkway improvements is proposed across land within the subdivision boundary and over the water adjacent to the subdivision boundary. As such, the proposed subdivision is consistent with Section 664778.4 of the California Government Code. Additionally, widening the existing public walkway to 8 feet within Lot B (along Promontory Channel) accommodates free flowing pedestrian traffic and is adequate to find the proposed subdivision consistent with Section 664778.4 of the California Government Code. Finding The design or improvement of the proposed subdivision is consistent with the General Plan. 919 Bayside Drive February 14, 2006 Page 6 of 8 Facts Consistency with the City of Newport Beach Harbor and Bay Element. Policies HB -2.1.1 and HB -2.1.3 of the Harbor and Bay Element indicate the need to expand and improve existing public waterfront access. Demolition of existing improvements on the project site to accommodate new residential development provides the opportunity to expand and enhance the existing public access by providing an on -land, improved public walkway along the bay front. A walkway partially on -land and partially cantilevered over the waterfront is readily accessible by the public and will enhance and expand public pedestrian access consistent with this General Plan Policy. Moreover, an on- land and cantilevered pedestrian walkway, as proposed, will ensure that access to the bay front is maintained in the long term. Therefore, the easement and walkway improvements partially on -land and partially cantilevered over the water together with the pedestrian ramp connecting this access with the existing floating walkway sufficiently expand and enhance existing access such that the project is consistent with Policies HB -2.1.2 and H B- 2.1.3. Facts Consistency with the City of Newport Beach Local Coastal Program Land Use Plan. Policy 3.1.1 -13 of the Coastal Land Use Plan requires a direct dedication or an offer to dedicate (OTD) an easement for lateral public access for all new shorefront development causing or contributing to adverse public access impacts. The location of the dedication is between the current limits of public ownership (i.e. below the mean high tide line) and the primary extent of development. Dedication of a public access easement along and across the southerly portion of the subdivision on Lots 3 through 9 and above and across the water immediately adjacent to the southerly boundary of the subdivision satisfies this requirement. Accordingly, the tentative tract map is consistent with Policy 3.1.1 -13. 919 Bayside Drive February 14, 2006 Page 7 of 8 City Council Actions Approval of the project requires adoption of Mitigated Negative Declaration (SCH No. 2005 - 06019) and Mitigation Monitoring and Reporting Program, Tentative Tract Map 2004 -001 (Tract 15323), Code Amendment No. 2005 -007, and, Coastal Residential Development Permit No. 2005 -001. These items were discussed in detail in the prior staff report for the January 10, 2006 City Council meeting. CONCLUSION Staff believes that the revised project as conditioned and regulated by the Planned Community development regulations provides enhanced public access in accordance with the Subdivision Map Act, California Coastal Act, LCP policies and the General Plan. Additionally, staff believes that the design of the subdivision with the proposed Planned Community Development regulations will provide a high quality residential environment that will prove compatible with the surrounding neighborhood. This includes one change from the applicant's latest proposal such that the cantilevered public walkway be placed within a separate lettered lot rather than being a portion of lots 3 -9. After reviewing the draft Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Code Amendment including the Bayside Residential Planned Community District Development Regulations, Tentative Tract Map, and after receiving public comments, the City Council should adopt a resolution adopting Mitigated Negative Declaration SCH No. 2005061019 and Mitigation Monitoring and Reporting Program, approving Coastal Residential Development Permit No. 2005 -001, and Tentative Tract Map No. 2004 -001 (Tract 15323) and introduce Ordinance No. adopting Code Amendment No. 2005 -007 including "Bayside Residential Planned Community District Development Regulations" for development of a 17 -lot, single - family residential subdivision at 919 Bayside Drive. Prepared by: T-,&, C', tor. bavid Lepo Hogle- Ireland, Inc. Submitted by: iJ�t t v✓2:iL- Patricia Temple Planning Director 919 Bayside Drive February 14, 2006 Page 8 of 8 Attachments: 1. "Proposed Changes to TTM 15323 (919 Bayside)" submitted by applicant 2. Revised Tentative Tract Map No. 15323 Exhibits: 1. Resolution Adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Approving Tentative Tract Map, and Approving Coastal Residential Development Permit 2. Ordinance No. _Enacting Code Amendment No. 2005 -007 and Adopting Planned Community Text No. 54 Proposed Changes to TTM 15323 (919 Bayside) As we have been analyzing the proposal to place an 8' walkway partially on the land and partially cantilevered over the Balboa Channel, we discovered several items that need to be changed on the map and will require Council approval as noted below. We have written draft language for Staff's review and consideration for use in the staff report to the Council. Pad Elevations need to be raised due to elevations needed for at least a 0.5% slope for sewer. The Planning Commission required that the pads be neither increased nor decreased by more than 6" from existing grade. Additional elevations will be required to meet the sewer requirement and will range from .3' to 1.0'. a. Recommended condition: Pad elevations may be raised to a maximum of 18" as shown on the tentative tract map and shall be counted as the natural grade for calculating building height. 2. To reduce potential shading impacts to the channel, remove the gangplanks shown between Lots 3 &4, and 7 &8. a. Recommended condition: i. Gangplanks shown on the tentative map between Lots 3 &4 and 7 & 8 shall be removed at the time of first building permit. 3. In order to most effectively meet the ADA requirements with the walkway design, we wish to relocate the ADA gangplank to commence between Lots 4 & 5 and terminate at the end of the existing 6' floating walkway. a. Recommended condition: i. The ADA gangplank from the new walkway to the existing six (61) floating walkway shall commence between Lots 4 & 5 and terminate at the most southeasterly corner of the existing six (6) feet floating walkway adjacent to the Cove condominiums. We wish to eliminate the walkway between Lots 9 & 10 so as to direct all pedestrians within the development through one access to the docks. a. Recommended condition: i. The pedestrian walkway between Lots 9 and 10 shall be eliminated. 5. We wish to revise the boundaries of the southwest corner of Lot 9 in order to make the alignment of the public walkway more convenient to pedestrians where it transitions from the existing easement to the new on -land /cantilevered walkway. There will be no reduction in the width of the walkway as it exists on Promontory Channel. (See revised map) a. Recommended condition: i. The boundary of Lot 9 may be revised as shown on the tentative tract map for the purpose of allowing for a more continuous and convenient pedestrian access as the Promontory Channel walkway transitions to the new walkway. The public access easement shall be revised to the satisfaction of the Public Works Director to accommodate such change. A 6. We are willing to grant the City an easement for public access comprising 8' along the south bay front (Lots 3 -9 shown on the TTM). a. Recommended condition: Unless otherwise conditioned by the California Coastal Commission, an eight (8) foot easement shall be granted by the developer to the City for public access along the south bay front (Lots 3 -9 as shown on the TTM). Such 8' easement shall include a maximum 3' wide portion of land upland, measured from the center of the existing seawall and a 5' cantilever over the water, measured from the center of the existing seawall. This new easement will be a separate lot leased and maintained by the HOA and the HOA will have a leasehold interest in all the common areas. We also agree to construct the new 8' public walkway along the south bay front (Lots 3 -9 on the TTM) and make revisions to the existing Promontory Channel walkway to include a new 8' walkway and 2' of landscaping, prior to the first Certificate of Occupancy of the first home as shown on the TTM.. a. Recommended Condition A new eight (8) foot public walkway shall be constructed along the south bay front (Lots 3 -9 on the TTM) and the existing Promontory Channel walkway shall be reconstructed to provide eight (8) feet of ADA accessible walkway and a raised two (2) feet planter. Such reconstruction shall be completed prior to the occupancy of the first home in the subdivision. ii. 8. Because of the condition to place the south bay front walkway on land, we request a change in the front setbacks* for the following lots due to the inclusion of the 3' on land portion of the public walkway. We would also request that there be no change to the buildable area on the lot and note that the differences in the setbacks were a design decision in order to provide a variety of front yard conditions.) 9. * New set backs will require a change in the PRD Table 2 a. Recommended condition: i. The front setbacks on Lots 3 — 9 shall be revised as follows: 1. Lot 4 3 — Revise from 18' to 15' 2. Lot 4 4 — Revise from 25' to 22' 3. Lot 4 5 — Revise from 25' to 22' 4. Lot 9 6 — Revise from 25' to 22' S. Lot 9 7 — Revise from 25' to 22" 6. Lot 9 8 — Revise from 25' to 22" 7. Lot 9 9 — Revise from 20' to 17' , 2 1 E� is II ai I d I rias LI • N �' I' r � W rcE: YYYYY Y H I V'lOLLNpk :a , I IIggI UJna o s �S3a €� €g • ... a f[[ f (�i j P I DF wF� z�N�a °��bbddbdb oee,eg i:66d Ir - -- �I ICI IJ L;f LI IJ I�� Ind = --, I;L— .. .. .. } e I Of =•1 1 J W¢ i J rAH. I fE T —� L` _JE N U $ $ N E, C/�12 Mil V'lOLLNpk UJna Of =•1 1 J W¢ i J rAH. I fE T —� L` _JE d;��, as v tc 2 9HHYF 5p - Y h lid £ J'UP 1 Kg IL y H e. - §;iP Troj € Iak F2 ifSY g f €aE j`9acxa i� SQj i R Pd d &a of =44i �a? gdt wL � CC dy t c i e e sY- - N U $ $ N E, C/�12 Mil V'lOLLNpk UJna I DF wF� z�N�a wo F N N 6 of f ft + + ii F F2 g �� FFF�g I I6e �y@@E i �i S t . Sd�a t .a,6?ap E EpP 4 i ie� Z Zs.$eai 5 e 6 6p;s.F ic� : F FeZ ty, f.2 � sqa P s ZiH �^ €FJ . .. � � �te• s � td2 p pS. {5 §s pp( ; 2s Sg tle;d',a S Spa aq .� }$ L {•yA y JW S j f"i� c S j e .lei 9 94 3 : :Fefi E 5 � Eel, SA . .. H Hgpp6 w t iiaa Sa�s ?r d d c ? ?fsH: e:p YF6 S SZBptp E i C a S S spa+ 6H" c � ` `H€ :6 • v tc 2 9HHYF 5p - Y h lid £ J'UP 1 Kg IL y H e. - §;iP Troj € Iak F2 ifSY g f €aE j`9acxa i� SQj i R Pd d &a of =44i �a? gdt wL � CC dy t c i e e sY- - h lid £ J'UP 1 Kg IL y H e. - §;iP Troj € Iak F2 ifSY g f €aE j`9acxa i� SQj i R Pd d &a of =44i �a? gdt wL � CC dy t c i e e sY- - RESOLUTION NO. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING MITIGATED NEGATIVE DECLARATION (SCH NO. 2005 - 061019) AND MITIGATION MONITORING AND REPORTING PROGRAM, APPROVING TENTATIVE TRACT MAP 2004 -001 (TRACT 15323), AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2005 -001 FOR PROPERTY LOCATED AT 919 BAYSIDE DRIVE (PA 2004 -072). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by UGS Development Inc. for a 3.92 -acre property identified as 919 Bayside Drive. The application requests approval of: a Code Amendment to change the zoning district of the subject property from Multifamily Residential to Planned Community and adopting Planned Community Text No. 54; a Tentative Tract Map subdividing the subject property into 17 single - family lots for lease purposes and 5 lots for recreation and swimming pool facilities, for public pedestrian access, for landscaped areas, and for private roads; and a Coastal Residential Development Permit ensuring compliance with State law relative to low and moderate income housing opportunities within the Coastal Zone. WHEREAS, in accordance with California Environmental Quality Act (CEQA) requirements, an Initial Study and a Notice of Intent to Adopt a Mitigated Negative Declaration were distributed to all responsible and trustee agencies and other interested parties for a 30 -day public review period commencing on June 3, 2005 and ending on July 5, 2005. WHEREAS, on August 18, 2005, the Planning Commission held a noticed public hearing at which time the Mitigated Negative Declaration, together with comments received thereon, and the Mitigation Monitoring and Reporting Program were considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to and considered by the Planning Commission at the hearing. WHEREAS, the public hearing was continued and at the continued public hearing on November 3, 2005, the Planning Commission considered the Mitigated Negative Declaration, together with comments received thereon, and the Mitigation Monitoring and Reporting Program. WHEREAS, the City maintains and implements development standards through the Zoning Ordinance which enables adoption of a Planned Community district. WHEREAS, adoption of the Planned Community district and the Bayside Residential Planned Community District Development Regulations accommodates City of Newport Beach City Council Resolution No. Page 2 of 23 development of single - family dwellings which are permitted within the General Plan Multi - Family Land Use designation and is thus consistent with the General Plan. WHEREAS, a Coastal Residential Development Permit processed for this project to implement provisions of the California Coastal Act relative to displacement of low and moderate income households within the Coastal Zone indicated that demolition of existing multiple family residential dwelling units on the project site will not result in displacement of any low or moderate income households. WHEREAS, the Planning Commission voted (5 -1) to recommend approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, of Tentative Tract Map 2004 -001, and Coastal Residential Development Permit No. 2005- 001 for property located at 919 Bayside Drive (PA 2004 -072) WHEREAS, on January 10, 2006, the City Council held a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the City Council at this meeting. WHEREAS, the public hearing was continued to February 14, 2006, so that the applicant could revise the Tentative Tract Map consistent with City Council comments. WHEREAS, a revised Tentative Tract Map was subsequently submitted and subject to conditions of approval includes required information including legal description of property, ownership, existing and proposed uses and improvements, proposed lot sizes, existing and proposed infrastructure, and public and private easements in compliance with the Subdivision Code and will not result in a detriment to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not be a detriment to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. Finding The proposed subdivision is consistent with and serves to implement the policies and provisions of the General Plan. Facts The General Plan Land Use Element directs that all subdivisions be consistent with the Subdivision Code. Subject to Conditions of Approval and inclusion of required public access as indicated below, the Tentative Tract Map is consistent with the Subdivision Code. City of Newport Beach City Council Resolution No. Page 3 of 23 Section 664778.4 of the California Government Code prohibits a City from approving a tentative or final subdivision map that fronts on a public waterway that does not provide or have available reasonable public access by fee or easement from a public highway to that portion. of the public waterway bordering or lying within the proposed subdivision. he Tentative Tract Map, with revisions and subject to Conditions of Approval, provides reasonable public access along the southerly boundary of the project site from a public highway by way of fee or easement. Public access including an 8 -foot wide easement and walkway improvements is proposed across land within the subdivision boundary and over the water adjacent to the subdivision boundary. As such, the proposed subdivision is consistent with Section 664778.4 of the California Government Code. Additionally, widening the existing public walkway to 8 feet within Lot B (along Promontory Channel) accommodates free flowing pedestrian traffic and is adequate to find the proposed subdivision consistent with Section 664778.4 of the California Government Code. 2. Finding The design or improvement of the proposed subdivision is consistent with the General Plan. Facts Consistency with the City of Newport Beach Land Use Element. The proposed project site lies within the Promontory Bay Area, as defined in the City's Land Use Element. The Promontory Bay Area includes Harbor Island, Linda Isle, and all the area bounded by Newport Bay, Marine Avenue /Jamboree Road, and East Coast Highway. Existing land uses within the Promontory Bay Area are diverse and include Single - Family Detached Residential, Multi - Family Residential, Neighborhood Commercial, Recreational and Marina, and Recreational and Environmental Open Space land uses. The proposed project would be consistent with existing and allowed land uses within the Promontory Bay Area. The Land Use Element designates the proposed project site as Multi - Family Residential to reflect the existing apartment complex. As previously stated, the proposed project would establish 17 residential lots. Single- family residences are a permitted use within sites designated for multi - family residences (page 23 of the Land Use Element). Therefore, the proposed project would be consistent with the Multi - Family Residential land use designation. It would also be consistent with applicable policies of the Land Use Element. Consistency with the City of Newport Beach Harbor and Bay Element. Policy HB -1.1.2 of the Harbor and Bay Element requires that potential impacts on City of Newport Beach City Council Resolution No. _ Page 4 of 23 water - dependent and water - related land uses and activities be considered when reviewing proposal for land use changes. Land use changes associated with the proposed project would be limited to the project site. No adjacent properties would be impacted by the proposed project. Since no water - related or water- dependent uses occupy the site, no impact to these uses would occur. Policies HB -2.1.1 and HB -2.1.3 of the Harbor and Bay Element indicates the need to expand and improve existing public waterfront access. Demolition of existing improvements on the project site to accommodate new residential development provides the opportunity to expand and enhance the existing public access by providing an on -land, improved public walkway along the bay front. A walkway partially on -land and partially cantilevered over the waterfront is readily accessible by the public and will enhance and expand public pedestrian access consistent with this General Plan Policy. Moreover, an on- land and cantilevered pedestrian walkway, as proposed, will ensure that access to the bay front is maintained in the long term. Therefore, the easement and walkway improvements partially on -land and partially cantilevered over the water together with the pedestrian ramp connecting this access with the existing floating walkway sufficiently expand and enhance existing access such that the project is consistent with Policies HB -2.1.2 and H B- 2.1.3. Consistency with the City of Newport Beach Housing Element. The project will eliminate 64 apartments and replace them with 17 single - family residences for an overall reduction of 47 units. The City has approximately 14,600 rental units out of approximately 37,500 total housing units (2000 Census), and the reduction and change in housing type is not considered significant. Goal 2 of the Housing Element states that the City will "provide a balanced residential community, comprised of a variety of housing types, designs, and opportunities for all social and economic segments, including very low -, low -, moderate- and upper- income individuals and households." The proposed project is consistent with this goal and is not inconsistent with any other goals or policies in the Housing Element. Consistency with the City of Newport Beach Local Coastal Program Land Use Plan. According to the City's Local Coastal Program Land Use Plan ( LCPLUP), the proposed project is located in the Coastal Zone. Therefore, a coastal development permit (CDP) is required from the California Coastal Commission. The LCPLUP references the fact that the project site is designated for Multi - Family Residential Use and is allowed one unit for each 2,178 square feet of buildable lot area. As previously discussed, the proposed project is consistent with this designation. City of Newport Beach City Council Resolution No. Page 5 of 23 Policy 3.1.1 -13 of the Coastal Land Use Plan requires a direct dedication or an offer to dedicate (OTD) an easement for lateral public access for all new shorefront development causing or contributing to adverse public access impacts. The location of the dedication is to be between the current limits of public ownership (i.e. below the mean high tide line) and the primary extent of development. Dedication of a public access easement along and across the southerly portion of the subdivision on Lots 3 through 9 and above and across the water immediately adjacent to the southerly boundary of the subdivision satisfies this requirement. Accordingly, the tentative tract map is consistent with Policy 3.1.1 -13. The proposed project is not a recreation or visitor - serving facility. It would not require diking, dredging, filling or shoreline structures, and it does not propose construction or expansion of public works facilities. The LCPLUP does not identify the proposed project site as an environmentally sensitive habitat area or hazard area. Water and marine resources adjacent to the proposed project site would be protected through implementation of the Standard Conditions listed in the Hydrology and Water Quality section, above. The proposed project would preserve and provide for continued operation of the existing dock areas along North Bay Front. Sections 30244, 30250(a), 30252, and 30253(3) and (4) of the CCA provide criteria for the location of new development. These criteria specify that new development should generally be concentrated in areas of existing development, preserve public access, provide adequate support facilities including provisions for recreational facilities, and preserve archaeological and paleontological resources. The proposed project, as conditioned by the standard conditions and mitigation measures contained within this document, would fully comply with these criteria. The LCPLUP does not list the proposed project site as a primary view area. Consequently, it is not subject to Sections 30251 and 30253(5) of the CCA. Since the proposed project is not a new visitor - serving facility or coastal - dependant use and it does not require an oceanfront encroachment, the LCPLUP's policies specific to new development are not applicable to the proposed project. 3. Finding The site is suitable for the type of development. f� City of Newport Beach City Council Resolution No. Page 6 of 23 Facts The site is generally level and currently developed with multiple- family dwelling units at densities greater than that proposed. No problems or adverse site conditions have been identified on the site as currently developed. Consequently, the site is determined to be physically suited for the development proposed. 4. Finding The site is physically suitable for the density of development. Facts The site is generally level and currently developed with multiple - family dwelling units at densities greater than that proposed. No problems or adverse site conditions have been identified on the site as currently developed. Consequently, the site is determined to be physically suited for the density of development proposed. 5. Finding The design of the subdivision and type of improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Facts An Initial Study prepared in conjunction with this project and included in the administrative record was the basis for adoption of a Mitigated Negative Declaration for this project which indicated that all environmental impacts, including those to fish, wildlife or their habitat, are less than significant or, with mitigation, are reduced to a less than significant level. 6. Finding The proposed subdivision is not likely to cause serious public health problems. Facts An Initial Study prepared in conjunction with this project and included in the administrative record was the basis for adoption of a Mitigated Negative Declaration for this project which indicated that all environmental impacts, including those that could affect human health, are less than significant or, with mitigation, are reduced to a less than significant level. 7. Finding The proposed subdivision will not likely conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. r i t City of Newport Beach City Council Resolution No. Page 7 of 23 Facts The proposed subdivision is proposed to be gate - guarded and generally not accessible to the public. An existing easement providing access to the bay front along the westerly edge of the property is preserved with this tract map and upgrades to physical improvements on this easement are included as part of this project. In addition, the tentative tract map dedicates an easement to the public for passage over a walkway along the bayfront. WHEREAS, the General Plan requires that the City maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and other development standards to ensure that commercial projects are aesthetically pleasing and compatible with surrounding land uses. The City maintains and implements development standards through the Zoning Ordinance which enables adoption of Planned Community District Regulations and through the Subdivision Ordinance which enables approval of Tentative Tract. The Bayside Residential Planned Community District Development Regulations include permitted uses, regulations that ensure that the size and scale of the building, the number of parking spaces provided, the building setbacks provided, the areas of landscaped yards, and the design and placement of signs result in a project that is aesthetically pleasing and compatible with surrounding land uses consistent with objectives of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED Based on the aforementioned findings, the City Council hereby approves Mitigated Negative Declaration Based on the aforementioned findings, the City Council hereby approves Mitigated Negative Declaration No. 2005 - 061019 and the associated Mitigation Monitoring and Reporting Program, Tentative Tract Map 2004 -001 (Tract 15323), and Coastal Residential Development Permit No. 2005 -001 subject to conditions as in Exhibit "A ", and subject to adoption of Ordinance No. approving Planned Community Text Amendment No. This resolution shall take effect upon the effective date of Ordinance No.2004 -003 adopting the Bayside Residential Planned Community District Development Regulations Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 14th day of February, 2006, by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS i -� MAYOR ATTEST: CITY CLERK City of Newport Beach City Council Resolution No. Page 8 of 23 i City of Newport Beach City Council Resolution No. Page 9 of 23 Exhibit "A" Conditions of Approval The following conditions shall apply to all development pursuant to the Bayside Planned Community Development Regulations and are adopted as conditions of approval of Tentative Tract Map No. 2004 -001 (Tract 15323): 1. Water service to the Planned Community will be furnished by the City of Newport Beach. Each dwelling unit/building shall be served with an individual water service lateral connection to the public water system unless otherwise approved by the Public Works Department and the Building Department. 2. Sewage disposal service facilities to the Planned Community will be provided by the City of Newport Beach and the Orange County Sanitation District. Each dwelling unit/building shall be served with an individual sewer service lateral connection to the public sewer system unless otherwise approved by the Public Works Department and the Building Department. 3. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 4. The developer shall comply with the City's water quality and on -site non -storm runoff retention requirements by the preparation and approval by the City of a Stormwater Pollution Prevention Plan (SWPPP). Existing drainage outlets within the existing seawalls that discharge on -site runoff into the Bay shall be modified to meet the City's on -site runoff water quality requirements. 5. Fire equipment access walkways, streets, gangplanks, and dock ways shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the City Newport Beach Building and Fire Departments. 6. Street, drainage and utility improvements shall be submitted on City standard improvement plan formats. All of the plan sheets shall be prepared by California licensed professionals responsible for the designs shown on the Plans. 7. All improvements shall be designed and constructed in accordance with the current edition of the City Design Criteria, Standard Special Provisions, and Standard Drawings. City of Newport Beach City Council Resolution No. _ Page 10 of 23 8. The California Vehicle Code shall be enforced on the private streets and drives, and delineation acceptable to the Police Department and Public Works Department shall be provided along the sidelines of the private streets and drives. 9. Curb -side collection of refuse shall be subject to City of Newport Beach approval. 10. The design of public access improvements shall provide for full public access 24- hours a day, 7 -days a week to 100% of the bay frontage along Promontory Bay Channel and Balboa Channel. The existing walkway along the Promontory Channel shall be improved to provide a minimum width of eight (8) feet. A new, on -land and cantilevered public walkway along the water front shall be eight (8) feet clear and shall be constructed to meet all ADA standards as shall the new ramp connecting this walkway with the existing floating walkway. 11. A 12 -foot wide concrete sidewalk/bike path behind the street curb face shall be provided along the Bayside Drive frontage. 12. All on -site common area improvements such as parks, docks, entry gates and entry, all on -site drainage, sanitary sewer, water, and electrical systems shall be owned or leased, operated and maintained by the HOA. 13. All overhead utilities serving the P -C shall be made underground. 14. The developer shall be required to submit a sign plan for review by the Planning Department for conformity with Chapter 20.67 of the Zoning Code. The sign plan shall include informational signs at the access to Lot B from Bayside Drive right - of -way, at the juncture of the Promontory Bay accessway on Lot B with the on- land and cantilevered accessway along the Bay, and at the location where the prolongation of the easterly property line of the subject property intersects with the floating dockway clearly identifying such improvements as public walkways and inviting pedestrians. Sign text and graphics are subject to review and approval of the Planning Director. 15. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the Planned Community District Regulations. 16. The development shall be in substantial conformance with the approved Tentative Tract marked revised and dated February 2, 2006. City of Newport Beach City Council Resolution No. Page 11 of 23 17. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. 18. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 19. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 20. Should this site be sold or otherwise come under different ownership or be operated by a different entity than the applicant, any future owners, assignees or operators shall be notified of the conditions of this approval by the current owner or leasing company. 21. No dwelling other than one, single - family, detached dwelling may be constructed on any buildable lot created by Tentative Tract Map 53232. No dwelling may exceed a height of twenty -eight (28) feet as measured consistent with Municipal Code Section 20.65.030, "Measurement of Height ". These restrictions shall be included in the Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Clerk at the time a Final Map is recorded. 22. Boat slips fronting the project site shall be operated as a residential marina for the 17 residential leaseholds of the Bayside Residential Planned Community. The slips shall not be rented to anyone who is not a resident of the Bayside Residential Planned Community. These restrictions shall be noted on the Final Map and incorporated into Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Clerk at the time a Final Map is recorded. 23. The applicant shall prepare architectural guidelines that will apply to the design of all dwellings proposed for construction on lots created by Tentative Tract Map 15323 approved together with this Use Permit. The architectural guidelines shall be subject to review and approval of the Planning Director. The architectural guidelines shall be incorporated into Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Clerk at the time a Final Map is recorded. The CC &R's shall require that all dwellings and improvements comply with the architectural guidelines. 24. The applicant shall prepare plans for construction of public access improvements on Lot B including the public walkway improvements along Promontory Bay, the on- land and cantilevered walkway along the existing bulkhead, the ramp connecting the on -land and cantilevered walkway with the existing floating dockway, and City of Newport Beach City Council Resolution No. Page 12 of 23 related improvements consistent with revised Tentative Tract Map 15323 as necessary to comply with handicapped access requirements of the California Building Codes and to enhance pedestrian safety and improve the visual character of public access through inclusion of lighting, railings, and other appropriate improvements. The plans shall be developed in consultation with the City's Harbor Resources Division and subject to final approval by Harbor Resources, Public Works, and Planning. 25. The on -land and cantilevered walkway and ramp shall be designed to meet exiting and fire protection requirements as specified by the applicable Codes and shall be subject to review and approval by the Newport Beach Building, Fire, and Harbor Resources Departments. 26. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 27. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 28. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 29. A sign plan shall be submitted for review for conformity with Chapter 20.67 of the Zoning Code. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110 -L to ensure that adequate sight distance is provided. Enhanced public access signage shall be reviewed and approved by the Planning Director. Signs shall be designed and positioned to inform pedestrians of public access opportunities. Signs shall be installed and maintained in perpetuity by the Developer or home owners association unless maintenance of public access is accepted by the City. 30. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 31. The Developer shall file one (1) Final Tract Map (Map). 32. The Map shall be prepared on the California coordinate system (NAD88). Prior to recordation of the Map, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digitai- graphic file of 23 City of Newport Beach City Council Resolution No. _ Page 13 of 23 said map in a manner described in the Orange County Subdivision Code and Orange County Subdivision Manual. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 33. The Final Map shall include reconfigured Lots C and D that accommodate the perimeter wall to be reconstructed along the Bayside Drive and a minimum 6- foot -wide landscaped setback between the Bayside Drive right -of -way and the perimeter wall. 34. The Developer of the Bayside Planned Community shall obtain and maintain a valid Harbor Permit for the continued operation and maintenance of the existing or future docks, gangplanks and other dock related improvements. This Harbor Permit shall be transferred to the Homeowners Association (HOA) for the Bayside Planned Community upon its creation. As a condition to the Harbor Permit, the fee owner and leasehold owner shall execute an agreement to provide and maintain public access as identified within the Planned Community District Regulations and these conditions of approval. 35. The Final Map shall be revised to provide a lettered lot coterminous with the cantilevered public walkway along lots 3 -9. Said lot shall be owned and maintained by the Home Owners Association for public access purposes and said lot shall not be obstructed or use for other purposes. 36. Prior to recordation, the Map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the City Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 37. A hydrology and hydraulic study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the Map. 38. Submit written documentation from the holders of the various existing easements shown on the Tentative Trace Map as being relocated or replaced ore relinquished that they have reviewed and agreed with the quitclaim of their respective easements as proposed by the Developer. L City of Newport Beach City Council Resolution No. Page 14 of 23 39. Easements for public emergency and security ingress /egress, weekly refuse service, and public utility purposes on all private streets shall be dedicated to the City. Said easements shall be shown on the tract maps. 40. No structures shall be constructed within the limits of any utilities easements. 41. All applicable fees shall be paid prior to the City approval of the Final Tract Map. 42. Construction surety in a form acceptable to the City, guaranteeing the completion of the various required public improvements, shall be submitted to the Public Works Department prior to the City approval of the Final Tract Map. 43. All improvements within the public right -of -way shall be designed and constructed per City Standards. 44. In the event that private construction work damaged existing public improvements surrounding the site, the Public Works Inspector at his discretion will require additional public works reconstruction work as needed. 45. The centerline of the curb access ramps proposed at the development site entrance shall parallel with the Bayside Drive roadway alignment. 46. The construction of bulkhead and gangways requires separate plan check and permits. 47. The construction of bulkhead and gangways shall be performed only during periods of low tide. Plastic sheeting shall be placed below the work location to collect the fallen construction debris. The collected debris shall be removed and disposed of at the end of each workday. 48. Prior to the construction of bulkhead and gangways, a determination shall be made by a qualified biologist as to the existence of eelgrass surrounding /nearby the work site. In case of eelgrass, the Developer shall coordinate with the City's Harbor Resources Division to apply for and obtain the required permits from The US Army Corps of Engineers, The US Wildlife and Fishery Service, The California Coastal Commission, and other agencies for the work. 49. All improvements shall be designed and constructed in accordance with the current edition of the City Design Criteria, Standard Special Provisions, and Standard Drawings. City of Newport Beach City Council Resolution No. Page 15 of 23 50. Street, drainage and utility improvements shall be submitted on City standard improvement plan formats. All of the plan sheets shall be prepared by California licensed professionals responsible for the designs shown on the Plans. 51. The entry gate, when fully opened, shall stay clear of the travel path of vehicles making right turns into the Tract. 52. All on -site drainage, sanitary sewer, water, and electrical systems shall be owned, operated, and maintained by the Homeowners Association. 53. There are existing drainage outlets within the existing seawalls that discharge on- site runoff into the Bay. Submit details on the disposition of these existing drainage outlets. If these outlets are to remain in place, submit details as to how these outlets will be modified to meet the City's on -site runoff retention water quality requirements. 54. Details shall be provided as to how the development will comply with the City's water quality and on -site non -storm runoff retention requirements. 55. All storm drain and sanitary sewer mains shall be installed with MacWrap. 56. ADA compliant curb access ramps shall be constructed at all interior curb returns. 57. Each dwelling unit/building shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 58. The intersection of the driveways with Bayside Drive shall be designed to provide sight distance for a secondary roadway per City of Newport Beach Standard Drawing STD - 110 -L. Slopes, landscaping, walls, signs and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height and the monument identification sign must be located outside the line of sight cone. The sight distance may be modified at non - critical locations, subject to approval by the Traffic Engineer. 59. The project shall provide 45 feet of vehicle stacking distance prior to the entry call box measured from the property line. Two entry lanes shall be provided, one lane for guest call box use and one for residential use. 60. Provide details on the vehicular turnaround area for garaged vehicles exiting Lots No. 3, No. 9 and Lot No. 15 and revise as required by the City Engineer. City of Newport Beach City Council Resolution No. Page 16 of 23 61. On -site parking, vehicular circulation and pedestrian circulation system shall be subject to further review by the City Traffic Engineer. 62. Provide Class III standpipe system at existing dock. Remove 2' /z connections at bulkhead. 63. Provide fire department connection for docks on Bayside Drive. Fire Department connection shall be located within 150 feet of a public hydrant on same side of street. 64. Automatic fire extinguishing system required for residential units when the total floor area exceeds 5,000 square feet. 65. Minimum width at entrance shall be 14 feet clear; preliminary plans shows less than 14 feet at two locations. 66. Turning radius for fire apparatus shall not be less than 20 feet inside radius and 40 feet outside radius. Show on plan. 67. Any obstructions in required fire access roadways, including speed bumps and speed humps, are prohibited. 68. Provide on -site public fire hydrants. 69. Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City policies. 70. Prior to the issuance of grading /building permits, the final design of all required off-site right of way improvements shall be reviewed and approved by the Public Works Department and Traffic Engineer. 71. Prior to the issuance of grading permits, the applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large vehicles. The plan shall include a haul route plan for review and approval of the Public Works Department. Said plan shall specify the routes to be traveled, times of travel, total number of trucks, number of trucks per hour, time of operation, and safety /congestion precautions (e.g., signage, flagmen). Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. :�1 City of Newport Beach City Council Resolution No. Page 17 of 23 72. Prior to the issuance of individual building permits, the applicant shall provide designs for building foundations and slabs appropriate to mitigating liquefaction hazard. 73. Prior to the issuance of grading, the applicant shall provide results from an inspection by a qualified engineer indicating the condition of the seawalls and tiebacks and make repairs to same as necessary. 74. Prior to the issuance of a grading permit, a Stormwater Pollution Prevention Plan ( SWPPP) shall be prepared and approved by the City of Newport Beach as the local permitting agency in accordance with the requirements of the Regional Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to eliminate and/or minimize stormwater pollution prior to, and during construction. The SWPPP shall require construction to occur in stages and stabilized prior to disturbing other areas and require the use of temporary diversion dikes and basins to trap sediment from run -off and allow clarification prior to discharge. 75. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the City. 76. Prior to the issuance of a grading permit, the applicant shall obtain a NPDES permit. The applicant shall incorporate storm water pollutant control into erosion control plans using BMPs to the maximum extent possible. Evidence that proper clearances have been obtained through the State Water Resources Control Board shall be given to the Building Department prior to issuance of grading permits. 77. Prior to the issuance of a grading permit, the applicant shall submit evidence to the City Building Official that the applicant has obtained coverage under the NPDES statewide General Construction Activity Stormwater Permit from the State Water Resources Control Board. City of Newport Beach City Council Resolution No. Page 18 of 23 78. Prior to issuance of a grading permit, the project applicant shall document to the City of Newport Beach Building Department that all facilities will be designed and constructed to comply with current seismic safety standards and the current City - adopted version of the Uniform Building Code. 79. Prior to issuance of a grading permit, a geotechnical report shall be submitted with construction drawings for plan check. The Building Department shall ensure that the project complies with the geotechnical recommendations included in the "Geotechnicai Investigation" (Petra, 2004), as well as additional requirements, if any, imposed by the Newport Beach Building Department. 80. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified archaeologist has been retained to observe grading activities and conduct salvage excavation of archaeological resources as necessary. The archaeologist shall be present at the pre - grading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. 81:. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Department that a qualified paleontologist has been retained to observe grading activities and salvage fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of fossils. If major paleontological resources are discovered which require long term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and /or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. 82. Prior to the issuance of a building permit, a detailed acoustical analysis shall be prepared by a qualified acoustical consultant and submitted to the City. This acoustical analysis shall describe and quantify the noise sources impacting the 0 City of Newport Beach City Council Resolution No. _ Page 19 of 23 area and the measures required to meet the 65 CNEL exterior residential noise standard. The final grading plans shall incorporate the noise barriers required by the analysis and the property owner /developer shall install these barriers. 83. Prior to the issuance of a grading or building demolition permit, the applicant shall submit an asbestos abatement and removal plan to the City Building Official for approval. The abatement and removal plan shall comply with notification and asbestos removal procedures outlined in SCAQMD Rule 1403 to reduce asbestos related health issues. 84. Prior to the issuance of a demolition permit, the applicant shall submit a lead - based paint abatement and removal plan in accordance with all applicable federal, state, and local regulatory requirements to the City Building Official for approval. 85. Prior to the issuance of a grading or building permit, the applicant shall submit an Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City Building Official, to demonstrate compliance with local and state water quality regulations for grading and construction activities. The ESCP shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into local drainages or coastal waters by wind, rain, tracking, tidal erosion, or dispersion. The ESCP shall also describe how the applicant will ensure that all Best Management Practices (BMPs) will be maintained during construction of any future public right -of -ways. A copy of the current ESCP shall be kept at the project site and be available for City of Newport Beach review on request 86. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect for review and subsequent approval by the Planning Director upon determination that the landscape plan is consistent with City standards and policies. The landscape and irrigation plan shall include landscaping and irrigation within the Bayside Drive right -of -way between the back of public sidewalk and the boundary of the Tract Map. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department, General Services Department and Public Works Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar City of Newport Beach City Council Resolution No. Page 20 of 23 permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 87. Prior the issuance of a building permit, the project shall be reviewed by the Building Department to verify compliance with the following requirements: a. Project design must comply with the 1997 Uniform Building Code (UBC) seismic design criteria. b. Structure setback must comply with either the 1997 Uniform Building Code (UBC) or the Orange County Grading Manual. c. Any imported soil for general grading shall have an Expansion Index of less than 60. d. Control site drainage. e. Design footing embedments to resist the effects of expansive soil. f. Maintain a proportionately high dead load component on foundations. g. Over- excavate and moisture soils condition below foundations, floor slabs and hardscape. h. Use of articulation and reinforcement of concrete slabs and footings. i. Use of rigid foundation and floor slabs. 88. Prior to the issuance of a building permit, the project shall be reviewed by the Building Department to verify compliance with the following requirements: a. Provide on -site hydrants; b. All gates to property shall be automatic and provided with opticom and knox key. 89. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping materials and irrigation systems have been installed in accordance with the approved plans. 90. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare as specified in these conditions. 91. During construction of the proposed improvements: a. construction vehicles shall not block roadways on any roads adjacent to the project site or any of the roads leading to or from the project site; City of Newport Beach City Council Resolution No. Page 21 of 23 b. construction equipment will be properly maintained at an off -site location and includes proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on -site during construction; C. all contractors will be advised not to idle construction equipment on site for more than ten minutes; d. on -site diesel fueled construction equipment will be fueled with aqueous diesel fuel; e. cover all trucks hauling soil, sand, and other loose materials, or require all trucks to maintain at least two feet of freeboard; f. pave, water (three times daily), or apply non -toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites; g. sweep all paved access roads, parking areas, and staging areas at construction sites daily with water sweepers; h. Sweep streets daily with water sweepers if visible soil material is carried onto adjacent public streets; i. Hydro seed or apply non -toxic stabilizers to inactive construction areas; j. enclose, cover, water (twice daily), or apply non -toxic soil binders to exposed stockpiles (dirt, sand, etc.); k. limit traffic speeds on unpaved roads to 15 miles per hour; I. install sandbags or other erosion control measures to prevent silt runoff to public roadways during; M. replant vegetation in disturbed areas as quickly as possible; n. all construction equipment shall be properly tuned and maintained; o. contractors shall maintain and operate construction equipment so as to minimize exhaust emissions; P. trucks and vehicles in loading or unloading queues shall not idle; q. construction activities shall be staged and scheduled to avoid emissions peaks, and discontinued during second -stage smog alerts 92. During construction of the proposed improvements, in accordance with Public Resources Code 5097.94, if human remains are found, the Orange County coroner must be notified within 24 hours of the discovery. If the coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacramento to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. 93. The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the issuance of a Building Permit. g:� City of Newport Beach City Council Resolution No. _ Page 22 of 23 94. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 95. Prior to issuance of any Certificate of Occupancy, applicant shall provide an agreement, in form acceptable to the City Attorney, which provides for maintenance of landscaping within the Bayside Drive right -of -way between the back of public sidewalk and the boundary of the Tract Map. The agreement shall include right of entry to the right -of -way for the benefit of the applicant, the Homeowners association, and any successors for purposes of maintaining the landscaping. 96. Prior to issuance of any Certificate of Occupancy, applicant shall complete construction of public access improvements including the walkway along Promontory Bay, the on -land and cantilevered walkway across and along the bulkhead, and the ramp connecting this walkway to the existing floating walkway. 97. Prior to issuance of a Certificate of Occupancy for the first dwelling constructed in the tract, applicant shall provide an agreement, in form acceptable to the City Attorney, which provides for maintenance of the pedestrian accessways on Lot "B ", for the ramp extending from such accessways to the floating dock, for the floating dockway, and for related improvements by the Homeowners Association. The agreement shall include right -of -entry to the City's property for the benefit of the applicant, the Homeowners Association, and any successors for purposes of maintaining the improvements. 98. Prior to issuance of any Certificate of Occupancy, applicant shall provide a disclosure statement, in form acceptable to the City Attorney and to the Planning Director, which shall be provided to each prospective lessee of one of the 17 lots in the subdivision advising of the potential noxious characteristics of the nearby boatyard which could adversely affect the prospective lessee's enjoyment of the property. The disclosure statement shall be included and recorded with the Conditions, Covenants, and Restrictions at the County Recorder's Office and each lessee shall be required to acknowledge receipt of the disclosure statement, in writing, prior to executing a lease and the written acknowledgement shall be recorded together with the lease agreement with the County Recorder. >3 City of Newport Beach City Council Resolution No. Page 23 of 23 99. Prior to recordation of the Final Tract Map, applicant shall provide an instrument, in form acceptable to the City Attorney, dedicating an easement for public access over and across the on -land and cantilevered walkway on the bulkhead at the southerly boundary of the Tract, the pedestrian ramp extending from the walkway on the bulkhead to the floating walkway, and that portion of the floating walkway shown on the Tract Map and necessary to provide pedestrian access from the pedestrian ramp to the floating dockway on the adjacent property to the east. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE DISTRICTING MAP AND APPROVING PLANNED COMMUNITY TEXT AMENDMENT NO. 2004 -003 ADOPTING THE BAYSIDE RESIDENTIAL PLANNED COMMUNITY DISTRICT DEVELOPMENT REGULATIONS FOR PROPERTY LOCATED AT 919 BAYSIDE DRIVE (PA 2004 -072). WHEREAS, on August 18, 2005, and on November 13, 2005, the Planning Commission of the City of Newport Beach held a noticed public hearing regarding this code amendment. WHEREAS, the Planning Commission voted 5 to 1 to recommend approval of this code amendment to the City Council. WHEREAS, on January 10, 2006, and on February 14, 2006, the City Council of the City of Newport Beach held a noticed public hearing regarding this code amendment. WHEREAS, the proposed Planned Community Development Regulations set forth use and development standards for the Bayside Residential Planned Community. The proposed regulations provide suitable and adequate standards including those relating to uses, setbacks, building height limits, floor area limits, and signs. WHEREAS, the proposed Planned Community Development Regulations (Zoning) are consistent with the General Plan land use designation of Multi - Family Residential for the proposed 17 -unit subdivision approved concurrently with this ordinance. WHEREAS, a Mitigated Negative Declaration (SCH NO. 2005 - 061019) that identifies potential significant impacts to the environment and certain mitigation measures designed to avoid such impacts or reduce them to a less than significant level was approved relative to the Planned Community text. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Districting Map for the City of Newport Beach, California, shall be amended as shown in Exhibit "A ". SECTION 2: The Bayside Residential Planned Community District Development Regulations as in Exhibit "B" shall be incorporated into the Newport Beach Municipal Code as uncodified text. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of City of Newport Beach City Council Ordinance No. Page 2 of 2 the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on February 14, 2006, and adopted on the 28th day of February 2006, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK EXHIBIT A Bayside Residential Planned Community District Development Regulations Newport Beach, California Adopted by Ordinance No. 2005 -^ <insert date> TABLE OF CONTENTS Bayside Residential Planned Community District Regulations Page Introduction.............................................................................. ..............................1 ProjectDescription .................................................................. ..............................1 Section I Statistical Analysis ...................................... ..............................5 Section II Development and Use Regulations ............ ..............................5 Section III Conditions of Approval ............................... ..............................9 List of Figures Figure I General Site Location ................................. ..............................3 Figure II Land Use Plan ............................................ ..............................4 FigureIII Site Plan ...................................................... .............................22 i INTRODUCTION The subject of this document is a 3.92 -acre parcel on Bayside Drive that has been designated as "Bayside Residential Planned Community District' on the Districting Map for the City of Newport Beach. The designation was adopted to allow subdivision of the parcel into 17 single - family lots and subsequent construction of custom - designed, luxury homes. The Bayside Residential Planned Community District designation and 'Bayside Residential Planned Community District Development Regulations have been adopted consistent with Chapter 20.35, "Planned Community District', of the Newport Beach Zoning Code. The project site is designated Multi - Family Residential in the Land Use Element of the General Plan. This designation permits both single - family and multiple - family dwellings; however the Bayside Planned Community does not permit more than one units per number lot within the subdivision. The 3.92 -acre parcel will be developed consistent with the General Plan and with regulations set forth herein and with all applicable ordinances, standards, and policies of the City of Newport Beach. All terms within this document shall be defined herein or they shall derive their meaning from the Newport Beach General Plan and /or Municipal Code. Where this document is in conflict with similar provisions of the Municipal Code, this document shall control. Where this document does not address a particular land use, zoning or development issue, the Municipal Code shall control. Nothing within this document shall be construed to relieve any party from compliance with all applicable laws, guidelines, policies of the Newport Beach Municipal Code. The subject property is located within the Coastal Zone and development pursuant to this PC Text will require a Coastal Development Permit from the California Coastal Commission. The general site location and land use plan for the subject property are set forth in Figure I and Figure 2. PROJECT DESCRIPTION The Promontory Bay area of Newport Beach is bounded by Newport Bay, Marine Avenue /Jamboree Road and East Coast Highway where the project site is generally located. The Bayside Residential Planned Community District is within this area and is located on the south side of Bayside Drive between Promontory Channet, Newport Bay and the Cove Condominiums across from a neighborhood retail shopping center (Bayside Center) anchored by a supermarket. The Cove Condominiums (multiple - family residential dwellings) are located to the east of the subject property. Vehicular access to the planned community is provided from Bayside Drive by a single gated access. A bulkhead provides sufficient water depth at the south property line for 34 private boat docks and access to the North Channel of Newport Bay. A twelve -foot- wide sidewalk/bike path adjoins the property frontage at Bayside Drive. An existing 10- foot -wide irrevocable public access easement and sidewalk generally consisting of an 2 -foot wide landscaped area and an 8 -foot wide sidewalk provide public access from Bayside Drive along the westerly boundary of the planned community to the North Channel of Newport Bay. The easement and walkway has a viewing platform at the southwest corner of the planned community that will connect to an 8 -foot wide walkway along the southerly side of the planned community that will connect to a gangplank to a 6- foot -wide floating walkway parallel to the waterfront. The walkway provides access to the boat docks and continues along the waterfront of the adjoining property on the east and terminates at bayward of the Newport Beach Yacht Club that abuts Marine Avenue to the east. The easement and walkway provide unobstructed public access to the waterfront. The 3.92 -acre project site is to be developed as a gate community of custom - designed, single - family homes. Newport Tentative Tract Map No. 2004 -001 (Tract 15323) was approved with this PC Text and accommodates creation of 17 single - family lots represented as numbered lots on the Tract Map. All lettered lots are in common and are intended to accommodate common amenities and other improvements and are not developable for residences. Common area facilities include the private driveway providing access to all lots, a recreation lot which may include a pool, and landscaped areas. A 6 -foot wide fire access easement, that must remain open and unobstructed at all times, connects the private loop road to a gangplank and to the walkway at the boat docks. Adoption of the Bayside Residential Planned Community District zoning designation and corresponding Bayside Residential Planned Community District Development Regulations for the subject property was deemed an appropriate means of integrating a gated community of single - family, detached homes within the context of gated, attached apartment and condominium communities within the immediate area. Adoption of the PC designation and text provided the City the means to maintaining and enhancing public access to the waterfront. Development standards incorporated in the PC Text accommodate residential development consistent with the General Plan Multi - Family designation, yet of reduced scale than might otherwise be allowed, as a suitable transition from Bayside Drive to the waterfront. 2 U�; VICINITY MAP BAY HARBOR - T.M. 15323 PLANNED COMMUNITY DISTRICT NOT TO SCALE ADAMS • STREETER CIVIL ENGINEERS, INC. 15 Corporate Park, Irvine, CA 92606 Ph: (949) 474 -2330 Fax: (949) 474 -0251 CONTACT: FELIX GONZALEZ 0 `� t -06 � U yy� q U jy tS °S W a rj E-H O ��d�K �W"eg W a €8 00 H � U Z A a J_ J LL Z W I p LO =D =D W Z J Q W W w 6 Q Z O n O U a Z ,kV8 ANOlNOWONd Li 03H0V130 1VI0213WW00 031VN91S30NA AIIYYV3 3NON 8 3l9NIS IVNOLLV38038 SECTION I STATISTICAL ANALYSIS 1. Area of Development Total Area: 3.92 acres 2. Site Area and Usage A. Individual residential leases 2.82 acres (Lots 1 -17) B. Common recreation area: 0.19 acres. (Lot "A ") C. Irrevocable public access 0.14 acres (Lot "B ") (Area to be revised to reflect inclusion of on -land and cantilevered access) D. Common open space & landscape 0.10 acres. (Lots "C ", "D ", &"H ") E. Vehicular driveways 0.67 acres (Lot "E ") SECTION II DEVELOPMENT & USE REGULATIONS 1. Permitted Uses A. Single- family, detached dwellings B. Accessory structures (i.e. garages, gazebos, barbeques, fences, walls, etc.) C. Recreation facilities ancillary to residential uses D. Model homes and on -site sales office E. Home occupations pursuant to the Zoning Code 2. Intensity of Development Maximum permissible number of units: 17 single - family, detached dwellings 4. Minimum Lot Area and Minimum lot areas are as indicated in Table 1, "Bayside Planned Community District Regulations." S. Maximum Buildable Area Maximum buildable areas are as indicated in Table 1, "Bayside Planned Community District Regulations." 6. Maximum Floor Area The maximum allowable floor area is 1.75 times maximum buildable area as indicated in Table 1, "Bayside Planned Community District Regulations." 5 J 7. Minimum Yards Minimum yards are as indicated in Table 1, "Bayside Planned Community District Regulations." Table 1 Bayside Planned Community District Regulations Minimum Maximum Maximum 3 Buildable Minimum Yards Lot Lot Area Floor (Sq. Ft.) Area (Sq. Ft.)' Area' Front Side Rear 1 6,550 4,048 7,084 35'4 5'5,6 10'5 2 5,818 3,172 5,551 20' 5' 10' 3 10,754 6,230 10,902 18'7 5' 10'8 4 6,500 4,649 8,135 25" 5' 5'8 5 8,548 5,124 8,967 25" 5'9 5'8 6 6,500 3,740 6,545 25" 5' 5'8 7 8,125 4,899 8,573 25'' 5' 5'8 8 6,500 3,649 6,386 25'' 5' 5'8 9 9,150 4,666 8,166 20" 5' 5i510 10 7,155 4,113 7,198 20" 5' 5'8,9 11 6,000 3,540 6,195 20" 5' 5'8 12 6,000 3,540 6,195 20" 5' 5'8 13 6,000 3,327 5,822 20" 51/10' 5'e 14 6,720 3,564 6,237 20" 51/10' 5'8 15 8,400 3,856 6,748 15/20''11 5'5 10'5,8 16 6,640 3,851 6,739 20' 5'5 10'5 17 5,800 3,364 5,887 20' 5'5 10'5 ' Lot area less minimum front, side, and rear yard areas 2 1.75 X Maximum buildable area and not including maximum 400 sq. ft. attributable to required, enclosed parking 3 Minimum 18' required between face of garage wall and back of curb 4 Minimum 20' front yard if merged with Lot 2 a Lots 1, 15, 16, & 17, minimum 10' yard required parallel to Bayside Drive and measured from the respective landscape Lot "C" or Lot "D ". 8 Minimum 10' side yard required between building wall and easterly tract boundary. 7 Water -side yard deemed "front yard" for Lots 3 - 15 (see Tract Map) 8 Minimum 5' rear yard required between each one -story building wall and curbside property line; minimum 10' rear yard required between each two -story building wall and curbside property line. 9 Minimum 5' side yard required adjacent to "Fire Access Easement" shown on Tract Map 10 Minimum 5' side yard adjacent to "pedestrian access easement" on Tract Map " Minimum 20' required at southerly 55' of front yard; minimum 15' required at northerly 42' per Tract Map 6 l 'l 8. Building Height The baseline for measuring height shall be finished grade. The maximum permissible height of any dwelling shall be 28 feet to the mid -point of a sloping roof or to the top of a flat roof. The peak of a sloping roof shall not exceed 33 feet. If a roof -top deck is proposed, the height of any protective railing shall be no higher than 28 feet. The maximum permissible height of any accessory structure shall be 12 feet. 9. Building Pad Elevations Building pads adjacent to the bulk -head along Newport Channel may be raised to elevations as shown on Tentative Tract Map 2004 -001 (TRACT 15323) approved in conjunction with adoption of this text. 10. Vehicular Access Vehicular access to all buildable lots within the Bayside Community shall be provided by a private driveway that shall comply with City Council Policy L -4 except that sidewalks are not required. The minimum width of the private driveways shall be 36 feet measured curb to curb when parking is allowed on both sides of the private driveway and 32 feet curb to curb when parking is allowed on one side or no parking is allowed. Curb -side parking spaces within on Lot "E" shall be 8' x 22' minimum. The Bayside P -C development may be a private (gate guarded) community with secured vehicular access. 11. Parkin The size of open and enclosed parking spaces and areas shall be as specified by the residential parking standards contained in the Newport Beach Zoning Code. A minimum of two (2) garage parking spaces shall be provided per dwelling. In addition, a minimum of two parking spaces (side -by -side, not tandem) shall be provided on the driveway approach to each garage of each single - family dwelling. A total of 19 curb -side parking spaces shall be provided on the common, private driveway that provides access to each buildable lot. Driveway approaches to each dwelling shall not exceed 20 feet for a two -car garage, 25 feet for a three -car garage, and 32 feet for a four -car garage. A maximum of 1 driveway approach is permitted dwelling. 12. Signs All signs shall conform to the all applicable sign standards of the Municipal Code. A sign program for the Bayside Planned Community shall be submitted pursuant 7 �� a to Section 20.67 of the Zoning Code for review and approval by the Planning Director. 13. Lighting All lighting within the development shall be implemented and maintained in accordance with applicable City Standards and shall be designed and maintained in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security. All plans for lighting shall be prepared and signed by a licensed electrical engineer and shall be subject to review and approval of the Planning Director. 14. Fences, Hedges and Walls Fences, hedges and walls shall be limited to three (3) feet in height in all front yards and in the rear yards of waterfront lots (Lots 3 -15). Fences, hedges, and walls shall be limited to six (6) feet in height in all other rear yards and side yards including the perimeter wall at Bayside Drive. Exception: Hedges along the perimeter wall along Bayside Drive shall be limited to twelve (12) feet in height. Exception: Open -work walls and fences that are ninety - percent of the wall plane open (wrought iron in combination with pilaster) up to a maximum of six (6) feet in height are permitted at the side property line of each waterfront lot (Lots 3 -15) and extending into the front yard from the setback line to the waterfront property line. Walls that extend in the same plane as the front (common driveway -side) wall of a dwelling into a required side yard for purposes of enhancing the entrance of an entry courtyard may be up to twelve (12) feet in height. 15. Arbors and Trellises Arbors and trellises may project into yards abutting the common driveway provided no such structure is closer than four (4) feet to the property line. The footprint area of such structures shall not exceed forty (40) square feet with a maximum height of ten (10) feet. Arbors and trellises must be at least 50% open. SIC% 16. Barbeques Freestanding barbeques may project into all residential side yards, into rear yards of non - waterfront lots (Lots 1, 2, 16, 17) and front yards of waterfront lots (Lots 3 -15) provided a minimum distance of four (4) feet is maintained between the barbeques and the respective side, rear, or front property lines. No barbeque including chimney may exceed five (5) feet in height. Barbeques shall be located so as not to impede emergency access. 17. Structures in Common Areas Freestanding structures such as entry arbors, trellis, and colonnades are permitted in common areas. Said structures are limited to twelve (12) feet in height. Entry arbors, trellises, and colonnades must be at least 50% open and shall be located at least four (4) feet from the nearest property line or lines. Freestanding fireplaces or barbeques in common areas are permitted with a maximum height of ten (10) feet and subject to compliance with the requirements of the Uniform Building Code. Fireplaces and barbeques must be located at least four (4) feet from the nearest property line or lines. SECTION III CONDITIONS OF APPROVAL The following conditions shall apply to all development pursuant to the Bayside Planned Community Development Regulations and are adopted as conditions of approval of Tentative Tract Map No. 2004 -001 (Tract 15323): 1. Water service to the Planned Community will be furnished by the City of Newport Beach. Each dwelling unit/building shall be served with an individual water service lateral connection to the public water system unless otherwise approved by the Public Works Department and the Building Department. 2. Sewage disposal service facilities to the Planned Community will be provided by the City of Newport Beach and the Orange County Sanitation District. Each dwelling unit1building shall be served with an individual sewer service lateral connection to the public sewer system unless otherwise approved by the Public Works Department and the Building Department. 3. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 4. The developer shall comply with the City's water quality and on -site non -storm runoff retention requirements by the preparation and approval by the City of a Stormwater Pollution Prevention Plan (SWPPP). Existing drainage outlets within 9 } the existing seawalls that discharge on -site runoff into the Bay shall be modified to meet the City's on -site runoff water quality requirements. 5. Fire equipment access walkways, streets, gangplanks, and dock ways shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the City Newport Beach Building and Fire Departments. 6. Street, drainage and utility improvements shall be submitted on City standard improvement plan formats. All of the plan sheets shall be prepared by California licensed professionals responsible for the designs shown on the Plans. 7. All improvements shall be designed and constructed in accordance with the current edition of the City Design Criteria, Standard Special Provisions, and Standard Drawings. 8. The California Vehicle Code shall be enforced on the private streets and drives, and delineation acceptable to the Police Department and Public Works Department shall be provided along the sidelines of the private streets and drives. 9. Curb -side collection of refuse shall be subject to City of Newport Beach approval. 10. The design of public access improvements shall provide for full public access 24- hours a day, 7 -days a week to 100% of the bay frontage along Promontory Bay Channel and Balboa Channel. The existing walkway along the Promontory Channel shall be improved to provide a minimum width of eight (8) feet. A new, on -land and cantilevered public walkway along the water front shall be eight (8) feet clear and shall be constructed to meet all ADA standards as shall the new ramp connecting this walkway with the existing floating walkway. 11. A 12 -foot wide concrete sidewalk/bike path behind the street curb face shall be provided along the Bayside Drive frontage. 12. All on -site common area improvements such as parks, docks, entry gates and entry, all on -site drainage, sanitary sewer, water, and electrical systems shall be owned or leased, operated and maintained by the HOA. 13. All overhead utilities serving the P -C shall be made underground. 14. The developer shall be required to submit a sign plan for review by the Planning Department for conformity with Chapter 20.67 of the Zoning Code. The sign plan shall include informational signs at the access to Lot B from Bayside Drive right - of -way, at the juncture of the Promontory Bay accessway on Lot B with the on- land and cantilevered accessway along the Bay, and at the location where the prolongation of the easterly property line of the subject property intersects with 10 i `i� the floating dockway clearly identifying such improvements as public walkways and inviting pedestrians. Sign text and graphics are subject to review and approval of the Planning Director. 15. The project is subject to all applicable City ordinances, policies,. and standards, unless specifically waived or modified by the Planned Community District Regulations. 16. The development shall be in substantial conformance with the approved Tentative Tract marked revised and dated February 2, 2006. 17. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. 18. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 19. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 20. Should this site be sold or otherwise come under different ownership or be operated by a different entity than the applicant, any future owners, assignees or operators shall be notified of the conditions of this approval by the current owner or leasing company. 21. No dwelling other than one, single - family, detached dwelling may be constructed on any buildable lot created by Tentative Tract Map 53232. No dwelling may exceed a height of twenty -eight (28) feet as measured consistent with Municipal Code Section 20.65.030, "Measurement of Height ". These restrictions shall be included in the Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Clerk at the time a Final Map is recorded. 22. Boat slips fronting the project site shall be operated as a residential marina for the 17 residential leaseholds of the Bayside Residential Planned Community. The slips shall not be rented to anyone who is not a resident of the Bayside Residential Planned Community. These restrictions shall be noted on the Final Map and incorporated into Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Clerk at the time a Final Map is recorded. 23. The applicant shall prepare architectural guidelines that will apply to the design of all dwellings proposed for construction on lots created by Tentative Tract Map 15323 approved together with this Use Permit. The architectural guidelines shall be subject to review and approval of the Planning Director. The architectural guidelines shall be incorporated into Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Clerk at the time a Final Map is recorded. The CC &R's shall require that all dwellings and improvements comply with the architectural guidelines. 24. The applicant shall prepare plans for construction of public access improvements on Lot B including the public walkway improvements along Promontory Bay, the on- land and cantilevered walkway along the existing bulkhead, the ramp connecting the on -land and cantilevered walkway with the existing floating dockway, and related improvements consistent with revised Tentative Tract Map 15323 as necessary to comply with handicapped access requirements of the California Building Codes and to enhance pedestrian safety and improve the visual character of public access through inclusion of lighting, railings, and other appropriate improvements. The plans shall be developed in consultation with the City's Harbor Resources Division and subject to final approval by Harbor Resources, Public Works, and Planning. 25. The on -land and cantilevered walkway and ramp shall be designed to meet exiting and fire protection requirements as specified by the applicable Codes and shall be subject to review and approval by the Newport Beach Building, Fire, and Harbor Resources Departments. 26. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 27. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 28. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 29. A sign plan shall be submitted for review for conformity with Chapter 20.67 of the Zoning Code. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110 -L to ensure that adequate sight distance is provided. Enhanced public access signage shall be reviewed and approved by the Planning Director. Signs shall be designed and positioned to inform pedestrians of public access opportunities. Signs shall be installed and maintained in perpetuity by the Developer or home owners association unless maintenance of public access is accepted by the City. 30. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 12 31. The Developer shall file one (1) Final Tract Map (Map). 32. The Map shall be prepared on the California coordinate system (NAD88). Prior to recordation of the Map, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in the Orange County Subdivision Code and Orange County Subdivision Manual. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 33. The Final Map shall include reconfigured Lots C and D that accommodate the perimeter wall to be reconstructed along the Bayside Drive and a minimum 6- foot -wide landscaped setback between the Bayside Drive right -of -way and the perimeter wall. 34. The Developer of the Bayside Planned Community shall obtain and maintain a valid Harbor Permit for the continued operation and maintenance of the existing or future docks, gangplanks and other dock related improvements. This Harbor Permit shall be transferred to the Homeowners Association (HOA) for the Bayside Planned Community upon its creation. As a condition to the Harbor Permit, the fee owner and leasehold owner shall execute an agreement to provide and maintain public access as identified within the Planned Community District Regulations and these conditions of approval. 35. The Final Map shall be revised to provide a lettered lot coterminous with the cantilevered public walkway along lots 3 -9. Said lot shall be owned and maintained by the Home Owners Association for public access purposes and said lot shall not be obstructed or use for other purposes. 36.. Prior to recordation, the Map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the City Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 37. A hydrology and hydraulic study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the Map. 38. Submit written documentation from the holders of the various existing easements shown on the Tentative Trace Map as being relocated or replaced ore relinquished that they have reviewed and agreed with the quitclaim of their respective easements as proposed by the Developer. 13 l� 39. Easements for public emergency and security ingress /egress, weekly refuse service, and public utility purposes on all private streets shall be dedicated to the City. Said easements shall be shown on the tract maps. 40. No structures shall be constructed within the limits of any utilities easements. 41. All applicable fees shall be paid prior to the City approval of the Final Tract Map. 42. Construction surety in a form acceptable to the City, guaranteeing the completion of the various required public improvements, shall be submitted to the Public Works Department prior to the City approval of the Final Tract Map. 43. All improvements within the public right -of -way shall be designed and constructed per City Standards. 44. In the event that private construction work damaged existing public improvements surrounding the site, the Public Works Inspector at his discretion will require additional public works reconstruction work as needed. 45. The centerline of the curb access ramps proposed at the development site entrance shall parallel with the Bayside Drive roadway alignment. 46. The construction of bulkhead and gangways requires separate plan check and permits. 47. The construction of bulkhead and gangways shall be performed only during periods of low tide. Plastic sheeting shall be placed below the work location to collect the fallen construction debris. The collected debris shall be removed and disposed of at the end of each workday. 48. Prior to the construction of bulkhead and gangways, a determination shall be made by a qualified biologist as to the existence of eelgrass surrounding /nearby the work site. In case of eelgrass, the Developer shall coordinate with the City's Harbor Resources Division to apply for and obtain the required permits from The US Army Corps of Engineers, The US Wildlife and Fishery Service, The California Coastal Commission, and other agencies for the work. 49. All improvements shall be designed and constructed in accordance with the current edition of the City Design Criteria, Standard Special Provisions, and Standard Drawings. 50. Street, drainage and utility improvements shall be submitted on City standard improvement plan formats. All of the plan sheets shall be prepared by California licensed professionals responsible for the designs shown on the Plans. 14 �-X 51. The entry gate, when fully opened, shall stay clear of the travel path of vehicles making right turns into the Tract. 52. All on -site drainage, sanitary sewer, water, and electrical systems shall be owned, operated, and maintained by the Homeowners Association. 53. There are existing drainage outlets within the existing seawalls that discharge on- site runoff into the Bay. Submit details on the disposition of these existing drainage outlets. If these outlets are to remain in place, submit details as to how these outlets will be modified to meet the City's on -site runoff retention water quality requirements. 54. Details shall be provided as to how the development will comply with the City's water quality and on -site non -storm runoff retention requirements. 55. All storm drain and sanitary sewer mains shall be installed with MacWrap. 56. ADA compliant curb access ramps shall be constructed at all interior curb returns. 57. Each dwelling unit/building shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 58. The intersection of the driveways with Bayside Drive shall be designed to provide sight distance for a secondary roadway per City of Newport Beach Standard Drawing STD - 110 -L. Slopes, landscaping, walls, signs and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height and the monument identification sign must be located outside the line of sight cone. The sight distance may be modified at non - critical locations, subject to approval by the Traffic Engineer. 59. The project shall provide 45 feet of vehicle stacking distance prior to the entry call box measured from the property line. Two entry lanes shall be provided, one lane for guest call box use and one for residential use. 60. Provide details on the vehicular turnaround area for garaged vehicles exiting Lots No. 3, No. 9 and Lot No. 15 and revise as required by the City Engineer. 61. On -site parking, vehicular circulation and pedestrian circulation system shall be subject to further review by the City Traffic Engineer. 62. Provide Class III standpipe system at existing dock. Remove 2 '/z connections at bulkhead. 15 J- 63. Provide fire department connection for docks on Bayside Drive. Fire Department connection shall be located within 150 feet of a public hydrant on same side of street. 64. Automatic fire extinguishing system required for residential units when the total floor area exceeds 5,000 square feet. 65. Minimum width at entrance shall be 14 feet clear; preliminary plans shows less than 14 feet at two locations. 66. Turning radius for fire apparatus shall not be less than 20 feet inside radius and 40 feet outside radius. Show on plan. 67. Any obstructions in required fire access roadways, including speed bumps and speed humps, are prohibited. 68. Provide on -site public fire hydrants. 69. Prior to the issuance of gradinq permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City policies. 70. Prior to the issuance of grading/building permits, the final design of all required off -site right of way improvements shall be reviewed and approved by the Public Works Department and Traffic Engineer. 71. Prior to the issuance of grading permits, the applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large vehicles. The plan shall include a haul route plan for review and approval of the Public Works Department. Said plan shall specify the routes to be traveled, times of travel, total number of trucks, number of trucks per hour, time of operation, and safety /congestion precautions (e.g., signage, flagmen). Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 72. Prior to the issuance of individual building permits, the applicant shall provide designs for building foundations and slabs appropriate to mitigating liquefaction hazard. 73. Prior to the issuance of grading, the applicant shall provide results from an inspection by a qualified engineer indicating the condition of the seawalls and tiebacks and make repairs to same as necessary. 16 1 �� 74. Prior to the issuance of a grading permit, a Stormwater Pollution Prevention Plan ( SWPPP) shall be prepared and approved by the City of Newport Beach as the local permitting agency in accordance with the requirements of the Regional Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to eliminate and /or minimize stormwater pollution prior to, and during construction. The SWPPP shall require construction to occur in stages and stabilized prior to disturbing other areas and require the use of temporary diversion dikes and basins to trap sediment from run -off and allow clarification prior to discharge. 75. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the City. 76. Prior to the issuance of a grading permit, the applicant shall obtain a NPDES permit. The applicant shall incorporate storm water pollutant control into erosion control plans using BMPs to the maximum extent possible. Evidence that proper clearances have been obtained through the State Water Resources Control Board shall be given to the Building Department prior to issuance of grading permits. 77.. Prior to the issuance of a grading permit, the applicant shall submit evidence to the City Building Official that the applicant has obtained coverage under the NPDES statewide General Construction Activity Stormwater Permit from the State Water Resources Control Board. 78. Prior to issuance of a gradinq permit, the project applicant shall document to the City of Newport Beach Building Department that all facilities will be designed and constructed to comply with current seismic safety standards and the current City - adopted version of the Uniform Building Code. 79. Prior to issuance of a pradirig permit, a geotechnical report shall be submitted with construction drawings for plan check. The Building Department shall ensure that the project complies with the geotechnical recommendations included in the " Geotechnical Investigation" (Petra, 2004), as well as additional requirements, if any, imposed by the Newport Beach Building Department. 80. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified archaeologist has been retained to 17 Fl 1. l observe grading activities and conduct salvage excavation of archaeological resources as necessary. The archaeologist shall be present at the pre - grading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and /or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. 81. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Department that a qualified paleontologist has been retained to observe grading activities and salvage fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of fossils. If major paleontological resources are discovered which require long term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and /or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. 82. Prior to the issuance of a building permit, a detailed acoustical analysis shall be prepared by a qualified acoustical consultant and submitted to the City. This acoustical analysis shall describe and quantify the noise sources impacting the area and the measures required to meet the 65 CNEL exterior residential noise standard. The final grading plans shall incorporate the noise barriers required by the analysis and the property owner /developer shall install these barriers. 83. Prior to the issuance of a grading or building demolition permit, the applicant shall submit an asbestos abatement and removal plan to the City Building Official for approval. The abatement and removal plan shall comply with notification and asbestos removal procedures outlined in SCAQMD Rule 1403 to reduce asbestos related health issues. 84. Prior to the issuance of a demolition permit, the applicant shall submit a lead - based paint abatement and removal plan in accordance with all applicable federal, state, and local regulatory requirements to the City Building Official for approval. 85. Prior to the issuance of a grading or building permit, the applicant shall submit an Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the 18 City Building Official, to demonstrate compliance with local and state water quality regulations for grading and construction activities. The ESCP shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into local drainages or coastal waters by wind, rain, tracking, tidal erosion, or dispersion. The ESCP shall also describe how the applicant will ensure that all Best Management Practices (BMPs) will be maintained during construction of any future public right -of -ways. A copy of the current ESCP shall be kept at the project site and be available for City of Newport Beach review on request 86. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect for review and subsequent approval by the Planning Director upon determination that the landscape plan is consistent with City standards and policies. The landscape and irrigation plan shall include landscaping and irrigation within the Bayside Drive right -of -way between the back of public sidewalk and the boundary of the Tract Map. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department, General Services Department and Public Works Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 87. Prior the issuance of a building permit, the project shall be reviewed by the Building Department to verify compliance with the following requirements: a. Project design must comply with the 1997 Uniform Building Code (UBC) seismic design criteria. b. Structure setback must comply with either the 1997 Uniform Building Code (UBC) or the Orange County Grading Manual. c. Any imported soil for general grading shall have an Expansion Index of less than 60, d. Control site drainage. e. Design footing embedments to resist the effects of expansive soil. f. Maintain a proportionately high dead load component on foundations. g. Over - excavate and moisture soils condition below foundations, floor slabs and hardscape. h. Use of articulation and reinforcement of concrete slabs and footings. i. Use of rigid foundation and floor slabs. 19 88. Prior to the issuance of a building permit, the project shall be reviewed by the Building Department to verify compliance with the following requirements: a. Provide on -site hydrants; b. All gates to property shall be automatic and provided with opticom and knox key. 89. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping materials and irrigation systems have been installed in accordance with the approved plans. 90. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare as specified in these conditions. 91. During construction of the proposed improvements: a. construction vehicles shall not block roadways on any roads adjacent to the project site or any of the roads leading to or from the project site; b. construction equipment will be properly maintained at an off -site location and includes proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on -site during construction; C. all contractors will be advised not to idle construction equipment on site for more than ten minutes; d. on -site diesel fueled construction equipment will be fueled with aqueous diesel fuel; e. cover all trucks hauling soil, sand, and other loose materials, or require all trucks to maintain at least two feet of freeboard; f. pave, water (three times daily), or apply non -toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites; g. sweep all paved access roads, parking areas, and staging areas at construction sites daily with water sweepers; h. Sweep streets daily with water sweepers if visible soil material is carried onto adjacent public streets; i. Hydro seed or apply non -toxic stabilizers to inactive construction areas; j. enclose, cover, water (twice daily), or apply non -toxic soil binders to exposed stockpiles (dirt, sand, etc.); k. limit traffic speeds on unpaved roads to 15 miles per hour; I. install sandbags or other erosion control measures to prevent silt runoff to public roadways during; M. replant vegetation in disturbed areas as quickly as possible; 20 v n. all construction equipment shall be properly tuned and maintained; o. contractors shall maintain and operate construction equipment so as to minimize exhaust emissions; p. trucks and vehicles in loading or unloading queues shall not idle; q. construction activities shall be staged and scheduled to avoid emissions peaks, and discontinued during second -stage smog alerts 92. During construction of the proposed improvements, in accordance with Public Resources Code 5097.94, if human remains are found, the Orange County coroner must be notified within 24 hours of the discovery. If the coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacramento to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. 93. The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the issuance of a Building Permit. 94. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 95. Prior to issuance of any Certificate of Occupancy, applicant shall provide an agreement, in form acceptable to the City Attorney, which provides for maintenance of landscaping within the Bayside Drive right -of -way between the back of public sidewalk and the boundary of the Tract Map. The agreement shall include right of entry to the right -of -way for the benefit of the applicant, the Homeowners association, and any successors for purposes of maintaining the landscaping. 96. Prior to issuance of any Certificate of Occupancy, applicant shall complete construction of public access improvements including the walkway along Promontory Bay, the on -land and cantilevered walkway across and along the bulkhead, and the ramp connecting this walkway to the existing floating walkway. 97. Prior to issuance of a Certificate of Occupancy for the first dwelling constructed in the tract, applicant shall provide an agreement, in form acceptable to the City Attorney, which provides for maintenance of the pedestrian accessways on Lot "B ", for the ramp extending from such accessways to the floating dock, for the floating dockway, and for related improvements by the Homeowners Association. The agreement shall include right -of -entry to the City's property for the benefit of 21 c� the applicant, the Homeowners Association, and any successors for purposes of maintaining the improvements. 98. Prior to issuance of any Certificate of Occupancy, applicant shall provide a disclosure statement, in form acceptable to the City Attorney and to the Planning Director, which shall be provided to each prospective lessee of one of the 17 lots in the subdivision advising of the potential noxious characteristics of the nearby boatyard which could adversely affect the prospective lessee's enjoyment of the property. The disclosure statement shall be included and recorded with the Conditions, Covenants, and Restrictions at the County Recorder's Office and each lessee shall be required to acknowledge receipt of the disclosure statement, in writing, prior to executing a lease and the written acknowledgement shall be recorded together with the lease agreement with the County Recorder. 99. Prior to recordation of the Final Tract Map, applicant shall provide an instrument, in form acceptable to the City Attorney, dedicating an easement for public access over and across the on -land and cantilevered walkway on the bulkhead at the southerly boundary of the Tract, the pedestrian ramp extending from the walkway on the bulkhead to the floating walkway, and that portion of the floating walkway shown on the Tract Map and necessary to provide pedestrian access from the pedestrian ramp to the floating dockway on the adjacent property to the east. 22 O Oq OF N 0R T H B A Y F R 0 N T 4 II�� Z Fe �I ��tl il© G G R I S A M O R F GE 51 G I C.1 Exhibit `B" 6a rz'wt cveum .as - - -�— I �y, O C z s a x 1 Y E / � ;1 ens {I`:fit. uo cu. i39�� i. yJV }� Z I sip �b It) J i d C) a•. 4 i i Z �Q ii I • � { I \I I �R t p �' I h �90 J ttt- a isi rn° F v cr mr sxiz.+mtsa Ji l E'/ VN dVw Jas 6a