HomeMy WebLinkAbout03 - PA2004-072 - Bayside Residential Planned CommunityTO:
FROM:
SUBJECT:
DISCUSSION
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item 3
March 14, 2006
HONORABLE MAYOR AND
MEMBERS OF THE CITY COUNCIL
James Campbell, Senior Planner
Bayside Residential Planned Community (PA2004 -072).
On February 28, 2006, the City Council introduced a draft ordinance to adopt the
Bayside Drive Planned Community while changing the references of "seawalls"
within several conditions to "bulkheads." The ordinance has been revised and is
attached. This change also affects the conditions of approval that were applied to
the Tentative Tract Map, which was adopted on February 12, 2006 (Resolution
2006 -10). The adoption of the attached revised resolution rescinds the prior
resolution while incorporating the change in references to bulkheads rather than
seawalls. All other provisions remain the same.
RECOMMENDATION
Staff recommends adoption of the attached resolution and ordinance.
Prepared By:
J w Cam,.
James Campbell
Senior Planner
EXHIBITS
1. Revised Ordinance No. 2006 -6
2. Revised Resolution for project approval
Submitted by:
�I<rNML(a.`+ISIMY.fLc.
Patricia Temple
Planning Director
Blank
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Exhibit 1
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.
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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 28, 2006, and adopted on the 14th day of March
2006, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
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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 11 Development and Use Regulations ............ ..............................5
Section III Conditions of Approval ............................... ..............................9
List of Figures
Figure I
Figure 11
Figure III
General Site Location ...................................................... ........ 3
LandUse Plan .......................................................................... 4
SitePlan ................................................................................... 22
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M
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 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.
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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.
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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
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SECTION I STATISTICAL ANALYSIS
1. Area of Development
Total Area: 3.92 acres
2. Site Area and Usage
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
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4.
5.
I.Q
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
Intensity of Development
Maximum permissible number of units: 17 single - family, detached
dwellings
Minimum Lot Area and
Minimum lot areas are as indicated in Table 1, "Bayside Planned Community
District Regulations."
Maximum Buildable Area
Maximum buildable areas are as indicated in Table 1, 'Bayside Planned
Community District Regulations."
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."
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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 a
Buildable Minimum Yards
Lot Lot Area Floor
Area
( S q' Ft.) (Sq. Ft.)' Areal Front Side Rear
1
6,550
4,048
7,084
35'4
5'5,6
1025
2
52818
32172
52551
20'
5'
10'
3
102559
6,117
102704
15'7
5'
1028
4
62350
3,556
6,223
22''
5'
528
5
8,351
4,927
82622
22''
52e
528
6
7,620
4,419
72733
22''
5'
528
7
7,937
4,683
82195
22''
5'
528
8
6,350
32556
62223
22''
5'
528
9
82868
52135
82985
17''
5'
5'8.10
10
72155
42113
7,198
202'
5'
528,9
11
6,000
32540
6,195
20''
5'
528
12
6,000
3,540
62195
202'
5'
528
13
62000
32327
52822
202'
52/10'
528
14
62720
32564
6,237
202'
52/10'
528
15
8,400
3,856
62748
15/2202711
5r5
10'8
16
62640
32851
62739
20'
5'5
1V
17
5,800
3.364
5,887
20'
5'5
1025
1 Lot area less minimum front, side, and rear yard areas
T 1.75 X Maximum buildable area and not including maximum 400 sq. ft. attributable to required, enclosed
parking
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
71 Minimum 20' required at southerly 55' of front yard; minimum 15' required at northerly 42' per Tract
Map
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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. Parkinq
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
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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.
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16. Barbegues
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 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
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the existing bulkheads that discharge on -site runoff into the Bay shall be modified
to meet the City's on -site runoff water quality requirements.
5. Fire equipment access walkways, streets, gangplanks, and dock ways shall be
designed to meet exiting and fire protection requirements as specified by the
Uniform Building Code and shall be subject to review and approval by the City
Newport Beach Building and Fire Departments.
6. Street, drainage and utility improvements shall be submitted on City standard
improvement plan formats. All of the plan sheets shall be prepared by California
licensed professionals responsible for the designs shown on the Plans.
7. All improvements shall be designed and constructed in accordance with the
current edition of the City Design Criteria, Standard Special Provisions, and
Standard Drawings.
8. The California Vehicle Code shall be enforced on the private streets and drives,
and delineation acceptable to the Police Department and Public Works
Department shall be provided along the sidelines of the private streets and
drives.
9. Curb -side collection of refuse shall be subject to City of Newport Beach approval.
10. The design of public access improvements shall provide for full public access 24-
hours a day, 7 -days a week to 100% of the bay frontage along Promontory Bay
Channel and Balboa Channel, The existing walkway along the Promontory
Channel shall be improved to provide a minimum width of eight (8) feet
unobstructed passage and a raised planter, two feet in width, extending the
length of the walkway. A new, on -land and cantilevered public walkway along
the water front shall be eight (8) feet clear and shall be constructed to meet all
ADA standards as shall the new ramp connecting this walkway with the existing
floating walkway.
11. A 12 -foot wide concrete sidewalk/bike path behind the street curb face shall be
provided along the Bayside Drive frontage.
12. All on -site common area improvements such as parks, docks, entry gates and
entry, all on -site drainage, sanitary sewer, water, and electrical systems shall be
owned or leased, operated and maintained by the HOA.
13. All overhead utilities serving the P -C shall be made underground.
14. The developer shall be required to submit a sign plan for review by the Planning
Department for conformity with Chapter 20.67 of the Zoning Code. The sign plan
shall include informational signs at the access to Lot B from Bayside Drive right -
of -way, at the juncture of the Promontory Bay accessway on Lot B with the on-
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land and cantilevered accessway along the Bay, and at the location where the
prolongation of the easterly property line of the subject property intersects with
the floating dockway clearly identifying such improvements as public walkways
and inviting pedestrians. Sign text and graphics are subject to review and
approval of the Planning Director.
15. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the Planned Community District
Regulations.
16. The development shall be in substantial conformance with the approved Tentative
Tract marked Attachment 4 to the City Council Staff Report for PA 2004 -072 dated
February 14, 2006.
17. The applicant is required to obtain all applicable permits from the City Building and
Fire Departments.
18. The applicant shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use may be cause for
revocation of this Use Permit.
19. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
20. Should this site be sold or otherwise come under different ownership or be
operated by a different entity than the applicant, any future owners, assignees or
operators shall be 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.
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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.
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31. The Developer shall file one (1) Final Tract Map (Map).
32. The Map shall be prepared on the California coordinate system (NAD88). Prior
to recordation of the Map, the surveyor /engineer preparing the Map shall submit
to the County Surveyor and the City of Newport Beach a digital - graphic file of
said map in a manner described in the Orange County Subdivision Code and
Orange County Subdivision Manual. The Map to be submitted to the City of
Newport Beach shall comply with the City's CADD Standards. Scanned images
will not be accepted.
33. The Final Map shall include reconfigured Lots C and D that encompass the
perimeter wall to be reconstructed along the Bayside Drive frontage and a
landscaped area, minimum 6 -feet in width, measured between the back of the
existing public sidewalk as shown on the Tentative Tract Map and the face of the
reconstructed perimeter wall.
34. The Developer of the Bayside Planned Community shall obtain and maintain a
valid Harbor Permit for the continued operation and maintenance of the existing
or future docks, gangplanks and other dock related improvements. This Harbor
Permit shall be transferred to the Homeowners Association (HOA) for the
Bayside Planned Community upon its creation. As a condition to the Harbor
Permit, the fee owner and leasehold owner shall execute an agreement to
provide and maintain public access as identified within these Planned
Community District Regulations and these conditions of approval.
35. The Final Map shall be revised to provide a lettered lot coterminous with the
cantilevered public walkway along Lots 3 -9 unless the California Coastal
Commission determines that the cantilevered public walkway is not the
appropriate means of providing public access to the waterfront. Said lot shall be
owned and maintained by the Home Owners Association for public access
purposes and said lot shall not be obstructed or used for other purposes.
36. Prior to recordation, the Map shall tie the boundary of the map into the Horizontal
Control System established by the County Surveyor in a manner described in
Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and
Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron
pipe with tag) shall be set On Each Lot 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.
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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.
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50. Street, drainage and utility improvements shall be submitted on City standard
improvement plan formats. All of the plan sheets shall be prepared by California
licensed professionals responsible for the designs shown on the Plans.
51. The entry gate, when fully opened, shall stay clear of the travel path of vehicles
making right turns into the Tract.
52. All on -site drainage, sanitary sewer, water, and electrical systems shall be
owned, operated, and maintained by the Homeowners Association.
53. There are existing drainage outlets within the existing bulkheads that discharge
on -site runoff into the Bay. Submit details on the disposition of these existing
drainage outlets. If these outlets are to remain in place, submit details as to how
these outlets will be modified to meet the City's on -site runoff retention water
quality requirements.
54. Details shall be provided as to how the development will comply with the City's
water quality and on -site non -storm runoff retention requirements.
55. All storm drain and sanitary sewer mains shall be installed with MacWrap.
56. ADA compliant curb access ramps shall be constructed at all interior curb
returns.
57. Each dwelling unWbuilding 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.
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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 gradina 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 bulkheads and
tiebacks and make repairs to same as necessary.
74. Prior to the issuance of a grading permit, a Stormwater Pollution Prevention Plan
( SWPPP) shall be prepared and approved by the City of Newport Beach as the
local permitting agency in accordance with the requirements of the Regional
Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to
eliminate and /or minimize stormwater pollution prior to, and during construction.
The SWPPP shall require construction to occur in stages and stabilized prior to
disturbing other areas and require the use of temporary diversion dikes and basins
to trap sedimentfrom 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 BMPs, 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
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"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
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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 buildinq 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.
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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
exposed stockpiles (dirt, sand, etc.);
21
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k. limit traffic speeds on unpaved roads to 15 miles per hour;
I. install sandbags or other erosion control measures to prevent silt runoff to
public roadways during;
M. replant vegetation in disturbed areas as quickly as possible;
n. all construction equipment shall be properly tuned and maintained;
o. contractors shall maintain and operate construction equipment so as to
minimize exhaust emissions;
p_ trucks and vehicles in loading or unloading queues shall not idle;
q. construction activities shall be staged and scheduled to avoid emissions
peaks, and discontinued during second -stage smog alerts
92. During construction of the proposed improvements, in accordance with Public
Resources Code 5097.94, if human remains are found, the Orange County
coroner must be notified within 24 hours of the discovery. If the coroner
determines that the remains are not recent, the coroner will notify the Native
American Heritage Commission in Sacramento to determine the most likely
descendent for the area. The designated Native American representative then
determines in consultation with the property owner the disposition of the human
remains.
93. The applicant shall be responsible for the payment of all administrative costs
identified by the Planning Department within 30 days of receiving a final notification
of costs or prior to the issuance of a Building Permit.
94. All landscape materials and landscaped areas shall be installed and maintained
in accordance with the approved landscape plan. All landscaped areas shall be
maintained in a healthy and growing condition and shall receive regular pruning,
fertilizing, mowing and trimming. All landscaped areas shall be kept free of
weeds and debris. All irrigation systems shall be kept operable, including
adjustments, replacements, repairs, and cleaning as part of regular maintenance.
95. Prior to issuance of any Certificate of Occupancy, applicant shall provide an
agreement, in form acceptable to the City Attorney, which provides for
maintenance of landscaping within the Bayside Drive right -of -way between the
back of public sidewalk and the boundary of the Tract Map. The agreement shall
include right of entry to the right -of -way for the benefit of the applicant, the
Homeowners association, and any successors for purposes of maintaining the
landscaping.
96. Prior to issuance of any Certificate of Occupancy, applicant shall complete
construction of public access improvements including the walkway along
Promontory Bay, the on -land and cantilevered walkway across and along the
bulkhead, and the ramp connecting this walkway to the existing floating walkway.
97. Prior to issuance of a Certificate of Occupancy for the first dwelling constructed in
the tract, applicant shall provide an agreement, in form acceptable to the City
22 v
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Attorney, which provides for maintenance of the pedestrian accessways on Lot
"B ", for the ramp extending from such accessways to the floating dock, for the
floating dockway, and for related improvements by the Homeowners Association.
The agreement shall include right -of -entry to the City's property for the benefit of
the applicant, the Homeowners Association, and any successors for purposes of
maintaining the improvements.
98. Prior to issuance of any Certificate of Occupancy, applicant shall provide a
disclosure statement, in form acceptable to the City Attorney and to the Planning
Director, which shall be provided to each prospective lessee of one of the 17 lots
in the subdivision advising of the potential noxious characteristics of the nearby
boatyard which could adversely affect the prospective lessee's enjoyment of the
property. The disclosure statement shall be included and recorded with the
Conditions, Covenants, and Restrictions at the County Recorder's Office and
each lessee shall be required to acknowledge receipt of the disclosure
statement, in writing, prior to executing a lease and the written acknowledgement
shall be recorded together with the lease agreement with the County Recorder.
99. Prior to recordation of the Final Tract Mme, 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
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Exhibit 2
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
1
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
?)q
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.
35
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. The Tentative Tract Map,
with revisions and subject to Conditions of Approval, provides reasonable
public access along the southerly boundary of the project site from a public
highway by way of fee or easement. Public access including an 8 -foot wide
easement and walkway improvements is proposed across land within the
subdivision boundary and over the water adjacent to the subdivision boundary.
As such, the proposed subdivision is consistent with Section 664778.4 of the
California Government Code. Additionally, widening the existing public
walkway to 8 feet within Lot B (along Promontory Channel) accommodates
free flowing pedestrian traffic and is adequate to find the proposed subdivision
consistent with Section 664778.4 of the California Government Code.
2. Finding
The design or improvement of the proposed subdivision is consistent with the
General Plan.
Facts
Consistency with the City of Newport Beach Land Use Element. The proposed
project site lies within the Promontory Bay Area, as defined in the City's Land
Use Element. The Promontory Bay Area includes Harbor Island, Linda Isle,
and all the area bounded by Newport Bay, Marine Avenue /Jamboree Road,
and East Coast Highway. Existing land uses within the Promontory Bay Area
are diverse and include Single - Family Detached Residential, Multi - Family
Residential, Neighborhood Commercial, Recreational and Marina, and
Recreational and Environmental Open Space land uses. The proposed project
would be consistent with existing and allowed land uses within the Promontory
Bay Area.
The Land Use Element designates the proposed project site as Multi - Family
Residential to reflect the existing apartment complex. As previously stated, the
proposed project would establish 17 residential lots. Single- family residences
are a permitted use within sites designated for multi - family residences (page 23
of the Land Use Element). Therefore, the proposed project would be consistent
with the Multi - Family Residential land use designation. It would also be
consistent with applicable policies of the Land Use Element.
Consistency with the City of Newport Beach Harbor and Bay Element. Policy
HB -1.1.2 of the Harbor and Bay Element requires that potential impacts on
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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.
Policy HB -2.1.2 of the Harbor and Bay Element indicates the need to expand
and improve existing public waterfront access. Demolition of existing
improvements on the project site to accommodate new residential
development provides the appropriate opportunity to expand and enhance the
existing public access by providing an on -land, improved public walkway along
the bay front. A walkway partially on -land and partially cantilevered over the
waterfront is readily accessible by the public will enhance and expand public
pedestrian access consistent with this General Plan Policy. Moreover, an on-
land and cantilevered pedestrian walkway, as proposed, will ensure that
access to the bay front is maintained in the long term. Therefore, the
easement and walkway improvements partially on -land and partially
cantilevered over the water together with the pedestrian ramp connecting this
access with the existing floating walkway sufficiently expand and enhance
existing access such that the project is consistent with Policy HB -2.1.2
Consistency with the City of Newport Beach Housing Element. The project will
eliminate 64 apartments and replace them with 17 single - family residences for
an overall reduction of 47 units. The City has approximately 14,600 rental units
out of approximately 37,500 total housing units (2000 Census), and the
reduction and change in housing type is not considered significant. Goal 2 of
the Housing Element states that the City will "provide a balanced residential
community, comprised of a variety of housing types, designs, and opportunities
for all social and economic segments, including very low -, low -, moderate- and
upper- income individuals and households." The proposed project is consistent
with this goal and is not inconsistent with any other goals or policies in the
Housing Element.
Consistency with the City of Newport Beach Local Coastal Program Land Use
Plan. According to the City's Local Coastal Program Land Use Plan ( LCPLUP),
the proposed project is located in the Coastal Zone. Therefore, a coastal
development permit (CDP) is required from the California Coastal Commission.
The LCPLUP references the fact that the project site is designated for Multi -
Family Residential Use and is allowed one unit for each 2,178 square feet of
buildable lot area. As previously discussed, the proposed project is consistent
with this designation.
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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.
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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.
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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
1. Based on the aforementioned findings, the City Council hereby approves Mitigated
Negative Declaration No. 2005 - 061019 and the associated Mitigation Monitoring
and Reporting Program, Tentative Tract Map 2004 -001 (Tract 15323), and
Coastal Residential Development Permit No. 2005 -001 subject to conditions as
in Exhibit "A ", and subject to adoption of Ordinance No. 2006 -06 approving the
Bayside Residential Planned Community.
2. Resolution No. 2006 -10 adopted on February 14, 2006 is hereby rescinded.
3. This resolution shall take effect immediately upon adoption.
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City of Newport Beach
City Council Resolution No. _
Page 8 of 23
Passed and adopted by the City Council of Newport Beach at a regular meeting held on
the day of , 2006, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
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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 bulkheads that discharge on -site runoff into the Bay shall be modified
to meet the City's on -site runoff water quality requirements.
5. Fire equipment access walkways, streets, gangplanks, and dock ways shall be
designed to meet exiting and fire protection requirements as specified by the
Uniform Building Code and shall be subject to review and approval by the City
Newport Beach Building and Fire Departments.
6. Street, drainage and utility improvements shall be submitted on City standard
improvement plan formats. All of the plan sheets shall be prepared by California
licensed professionals responsible for the designs shown on the Plans.
7. All improvements shall be designed and constructed in accordance with the
current edition of the City Design Criteria, Standard Special Provisions, and
Standard Drawings.
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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
unobstructed passage and a raised planter, two feet in width, extending the
length of the walkway. A new, on -land and cantilevered public walkway along
the water front shall be eight (8) feet clear and shall be constructed to meet all
ADA standards as shall the new ramp connecting this walkway with the existing
floating walkway.
11. A 12 -foot wide concrete sidewalk/bike path behind the street curb face shall be
provided along the Bayside Drive frontage.
12. All on -site common area improvements such as parks, docks, entry gates and
entry, all on -site drainage, sanitary sewer, water, and electrical systems shall be
owned or leased, operated and maintained by the HOA.
13. All overhead utilities serving the P -C shall be made underground.
14. The developer shall be required to submit a sign plan for review by the Planning
Department for conformity with Chapter 20.67 of the Zoning Code. The sign plan
shall include informational signs at the access to Lot B from Bayside Drive right -
of -way, at the juncture of the Promontory Bay accessway on Lot B with the on-
land and cantilevered accessway along the Bay, and at the location where the
prolongation of the easterly property line of the subject property intersects with
the floating dockway clearly identifying such improvements as public walkways
and inviting pedestrians. Sign text and graphics are subject to review and
approval of the Planning Director.
15. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the Planned Community District
Regulations.
City of Newport Beach
City Council Resolution No. _
Page 11 of 23
16. The development shall be in substantial conformance with the approved Tentative
Tract marked Attachment 4 to the City Council Staff Report for PA 2004 -072 dated
February 14, 2006.
17. The applicant is required to obtain all applicable permits from the City Building and
Fire Departments.
18. The applicant shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use may be cause for
revocation of this Use Permit.
19. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
20. Should this site be sold or otherwise come under different ownership or be
operated by a different entity than the applicant, any future owners, assignees or
operators shall be 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 (CCBR'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
(CCBR's) which shall be prepared and recorded with the County Clerk at the time a
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City of Newport Beach
City Council Resolution No. _
Page 12 of 23
Final Map is recorded. The CC &R's shall require that all dwellings and
improvements comply with the architectural guidelines.
24. The applicant shall prepare plans for construction of public access improvements
on Lot B including the public walkway improvements along Promontory Bay, the on-
land and cantilevered walkway along the existing bulkhead, the ramp connecting
the on -land and cantilevered walkway with the existing floating dockway, and
related improvements consistent with revised Tentative Tract Map 15323 as
necessary to comply with handicapped access requirements of the California
Building Codes and to enhance pedestrian safety and improve the visual character
of public access through inclusion of lighting, railings, and other appropriate
improvements. The plans shall be developed in consultation with the City's Harbor
Resources Division and subject to final approval by Harbor Resources, Public
Works, and Planning.
25. The on -land and cantilevered walkway and ramp shall be designed to meet
exiting and fire protection requirements as specified by the applicable Codes and
shall be subject to review and approval by the Newport Beach Building, Fire, and
Harbor Resources Departments.
26. The proposed project shall conform to the requirements of the Uniform Building
Code, any local amendments to the UBC, and State Disabled Access
requirements, unless otherwise approved by the Building Department.
27. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
28. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be
sound attenuated in accordance with Chapter 10.26 of the Newport Beach
Municipal Code, Community Noise Control.
29. A sign plan shall be submitted for review for conformity with Chapter 20.67 of the
Zoning Code. The final location of the signs shall be reviewed by the City Traffic
Engineer and shall conform to City Standard 110 -L to ensure that adequate sight
distance is provided.
30. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
31. The Developer shall file one (1) Final Tract Map (Map).
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City of Newport Beach
City Council Resolution No.
Page 13 of 23
32. The Map shall be prepared on the California coordinate system (NAD88). Prior
to recordation of the Map, the surveyor /engineer preparing the Map shall submit
to the County Surveyor and the City of Newport Beach a digital - graphic file of
said map in a manner described in the Orange County Subdivision Code and
Orange County Subdivision Manual. The Map to be submitted to the City of
Newport Beach shall comply with the City's CADD Standards. Scanned images
will not be accepted.
33. The Final Map shall include reconfigured Lots C and D that encompass the
perimeter wall to be reconstructed along the Bayside Drive frontage and a
landscaped area, minimum 6 -feet in width, measured between the back of the
existing public sidewalk as shown on the Tentative Tract Map and the face of the
reconstructed perimeter wall.
34. The Developer of the Bayside Planned Community shall obtain and maintain a
valid Harbor Permit for the continued operation and maintenance of the existing
or future docks, gangplanks and other dock related improvements. This Harbor
Permit shall be transferred to the Homeowners Association (HOA) for the
Bayside Planned Community upon its creation. As a condition to the Harbor
Permit, the fee owner and leasehold owner shall execute an agreement to
provide and maintain public access as identified within these Planned
Community District Regulations and these conditions of approval.
35. The Final Map shall be revised to provide a lettered lot coterminous with the
cantilevered public walkway along Lots 3 -9 unless the California Coastal
Commission determines that the cantilevered public walkway is not the
appropriate means of providing public access to the waterfront. Said lot shall be
owned and maintained by the Home Owners Association for public access
purposes and said lot shall not be obstructed or used for other purposes.
36. Prior to recordation, the Map shall tie the boundary of the map into the Horizontal
Control System established by the County Surveyor in a manner described in
Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and
Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron
pipe with tag) shall be set On Each Lot 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.
City of Newport Beach
City Council Resolution No. _
Page 14 of 23
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.
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City of Newport Beach
City Council Resolution No.
Page 15 of 23
49. All improvements shall be designed and constructed in accordance with the
current edition of the City Design Criteria, Standard Special Provisions, and
Standard Drawings.
50. Street, drainage and utility improvements shall be submitted on City standard
improvement plan formats. All of the plan sheets shall be prepared by California
licensed professionals responsible for the designs shown on the Plans.
51. The entry gate, when fully opened, shall stay clear of the travel path of vehicles
making right turns into the Tract.
52. All on -site drainage, sanitary sewer, water, and electrical systems shall be
owned, operated, and maintained by the Homeowners Association.
53. There are existing drainage outlets within the existing bulkheads that discharge
on -site runoff into the Bay. Submit details on the disposition of these existing
drainage outlets. If these outlets are to remain in place, submit details as to how
these outlets will be modified to meet the City's on -site runoff retention water
quality requirements.
54. Details shall be provided as to how the development will comply with the City's
water quality and on -site non -storm runoff retention requirements.
55. All storm drain and sanitary sewer mains shall be installed with MacWrap.
56. ADA compliant curb access ramps shall be constructed at all interior curb
returns.
57. Each dwelling unit/building shall be served with an individual water service and
sewer lateral connection to the public water and sewer systems unless otherwise
approved by the Public Works Department and the Building Department.
58. The intersection of the driveways with Bayside Drive shall be designed to provide
sight distance for a secondary roadway per City of Newport Beach Standard
Drawing STD - 110 -L. Slopes, landscaping, walls, signs and other obstructions
shall be considered in the sight distance requirements. Landscaping within the
sight lines (sight cone) shall not exceed 24- inches in height and the monument
identification sign must be located outside the line of sight cone. The sight
distance may be modified at non - critical locations, subject to approval by the
Traffic Engineer.
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City of Newport Beach
City Council Resolution No. _
Page 16 of 23
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'/2 connections at
the bulkhead.
63. Provide fire department connection for docks on Bayside Drive. Fire Department
connection shall be located within 150 feet of a public hydrant on same side of
street.
64. Automatic fire extinguishing system required for residential units when the total
floor area exceeds 5,000 square feet.
65. Minimum width at entrance shall be 14 feet clear; preliminary plans shows less
than 14 feet at two locations.
66. Turning radius for fire apparatus shall not be less than 20 feet inside radius and
40 feet outside radius. Show on plan.
67. Any obstructions in required fire access roadways, including speed bumps and
speed humps, are prohibited.
68. Provide on -site public fire hydrants.
69. Prior to the issuance of _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,
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City of Newport Beach
City Council Resolution No.
Page 17 of 23
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 gradin , the applicant shall provide results from an
inspection by a qualified engineer indicating the condition of the bulkheads and
tiebacks and make repairs to same as necessary.
74. Prior to the issuance of a grading permit, a Stormwater Pollution Prevention Plan
( SWPPP) shall be prepared and approved by the City of Newport Beach as the
local permitting agency in accordance with the requirements of the Regional
Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to
eliminate and /or minimize stormwater pollution prior to, and during construction.
The SWPPP shall require construction to occur in stages and stabilized prior to
disturbing other areas and require the use of temporary diversion dikes and basins
to trap sediment from run -off and allow clarification prior to discharge.
75. Prior to the issuance of a grading permit, the applicant shall prepare a Water
Quality Management Plan (WQMP) specifically identifying the Best Management
Practices (BMP's) that will be used on site to control predictable pollutant runoff.
The plan shall identify the types of structural and non - structural measures to be
used. The plan shall comply with the Orange County Drainage Area
Management Plan (DAMP). Particular attention should be addressed to the
appendix section "Best Management Practices for New Development." The
WQMP shall clearly show the locations of structural BMPs, 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.
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City of Newport Beach
City Council Resolution No.
Page 18 of 23
77. Prior to the issuance of a grading permit, the applicant shall submit evidence to
the City Building Official that the applicant has obtained coverage under the
NPDES statewide General Construction Activity Stormwater Permit from the
State Water Resources Control Board.
78. Prior to issuance of a grading permit, the project applicant shall document to the
City of Newport Beach Building Department that all facilities will be designed and
constructed to comply with current seismic safety standards and the current City -
adopted version of the Uniform Building Code.
79. Prior to issuance of a grading permit, a geotechnical report shall be submitted
with construction drawings for plan check. The Building Department shall ensure
that the project complies with the geotechnical recommendations included in the
" Geotechnical Investigation" (Petra, 2004), as well as additional requirements, if
any, imposed by the Newport Beach Building Department.
80. Prior to issuance of a grading permit, the applicant shall provide written evidence
to the Planning Director that a qualified archaeologist has been retained to
observe grading activities and conduct salvage excavation of archaeological
resources as necessary. The archaeologist shall be present at the pre - grading
conference, shall establish procedures for archaeological resource surveillance,
and shall establish, in cooperation with the applicant, procedures for temporarily
halting or redirecting work to permit the sampling, identification and evaluation of
the artifacts as appropriate. If additional or unexpected archaeological features
are discovered, the archaeologist shall report such findings to the applicant and
to the Planning Department. If the archaeological resources are found to be
significant, the archaeological observer shall determine appropriate actions, in
cooperation with the applicant, for exploration and/or salvage. These actions, as
well as final mitigation and disposition of the resources, shall be subject to the
approval of the Planning Director.
81. Prior to issuance of a grading permit, the applicant shall provide written evidence
to the Planning Department that a qualified paleontologist has been retained to
observe grading activities and salvage fossils as necessary. The paleontologist
shall be present at the pre - grading conference, shall establish procedures for
paleontological resource surveillance, and shall establish, in cooperation with the
applicant, procedures for temporarily halting or redirecting work to permit the
sampling, identification and evaluation of fossils. If major paleontological
resources are discovered which require long term baiting or redirecting of
grading, the paleontologist shall report such findings to the applicant and to the
Planning Department. The paleontologist shall determine appropriate actions, in
cooperation with the applicant, which ensure proper exploration and /or salvage.
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City Council Resolution No.
Page 19 of 23
These actions, as well as final mitigation and disposition of the resources, shall
be subject to the approval of the Planning Director.
82. Prior to the issuance of a building permit, a detailed acoustical analysis shall be
prepared by a qualified acoustical consultant and submitted to the City. This
acoustical analysis shall describe and quantify the noise sources impacting the
area and the measures required to meet the 65 CNEL exterior residential noise
standard. The final grading plans shall incorporate the noise barriers required by
the analysis and the property owner /developer shall install these barriers.
83. Prior to the issuance of a grading or building demolition permit, the applicant
shall submit an asbestos abatement and removal plan to the City Building Official
for approval. The abatement and removal plan shall comply with notification and
asbestos removal procedures outlined in SCAQMD Rule 1403 to reduce
asbestos related health issues.
84. Prior to the issuance of a demolition permit, the applicant shall submit a lead -
based paint abatement and removal plan in accordance with all applicable
federal, state, and local regulatory requirements to the City Building Official for
approval.
85. Prior to the issuance of a grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the
City Building Official, to demonstrate compliance with local and state water
quality regulations for grading and construction activities. The ESCP shall
identify how all construction materials, wastes, grading or demolition debris, and
stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered,
stored, and secured to prevent transport into local drainages or coastal waters by
wind, rain, tracking, tidal erosion, or dispersion. The ESCP shall also describe
how the applicant will ensure that all Best Management Practices (BMPs) will be
maintained during construction of any future public right -of -ways. A copy of the
current ESCP shall be kept at the project site and be available for City of
Newport Beach review on request
86. Prior to the issuance of a building permit, the applicant shall submit a landscape
and irrigation plan prepared by a licensed landscape architect for review and
subsequent approval by the Planning Director upon determination that the
landscape plan is consistent with City standards and policies. The landscape and
irrigation plan shall include landscaping and irrigation within the Bayside Drive
right -of -way between the back of public sidewalk and the boundary of the Tract
Map. These plans shall incorporate drought tolerant plantings and water efficient
irrigation practices, and the plans shall be approved by the Planning Department,
General Services Department and Public Works Department. All planting areas
a
City of Newport Beach
City Council Resolution No. _
Page 20 of 23
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.
r. 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 buildinq 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 occu-p-ancy, 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.
2
City of Newport Beach
City Council Resolution No.
Page 21 of 23
91. Durinq 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;
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
5q
City of Newport Beach
City Council Resolution No.
Page 22 of 23
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 Occupant 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
55
City of Newport Beach
City Council Resolution No.
Page 23 of 23
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.
5�
• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
•
•
TO: HONORABLE MAYOR AND
MEMBERS OF THE CITY COUNCIL
FROM: James Campbell, Senior Planner
COUNCIL P!G €?,!na
N0.3
Agenda Item 3
February 28, 2006
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: The Bayside Residential Planned Community District
Regulations as provided in Exhibit 'A" is hereby adopted. The Bayside °e° den!'^
Planned G-GrA uAity Estrin! Deyelnnmenl Req uilationo as in Exh, @ °Q" c_ati,,evli—voe
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.
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
Minimum Maximum Maximum 8
Minimum Yards
Lot Lot Area Buildable Area Floor
(Sq. Ft.) (Sq. Ft.)' Areal Front Side
Rear
1 6,550 4,048 7,084 35'4 5'S6
10,5
2 5,818 3,172 5,551 20' 5'
10'
3 10,559 6,117 10,704 15'7 5'
10'8
4 6,350 3,556 6,223 22'' 5'
5's
5 8,351 4,927 8,622 22'7 5'9
5'e
6 7,620 4,419 7,733 22'7 5'
5'8
7 7,937 4,683 8,195 22'' 5'
5's
8 6,350 3,556 6,223 22'' 5'
5'e
9 8,868 5,135 8,985 17'' 5'
5,8,10
10 7,155 4,113 7,198 20'7 5'
58'9
11 6,000 3,540 6,195 20'' 5'
5'8
12 6,000 3,540 6,195 20'7 5'
5'8
•
13 6,000 3,327 5,822 20'7 5'/10'
5'8
14 6,720 3,564 6,237 20'7 5710'
5'8
15 8,400 3,856 6,748 15/'20''" 5'5
10,5,8
16 6,640 3,851 6,739 20' 5i5
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
T 1.75 X Maximum buildable area and not including maximum 400 sq. ft. attributable to required,
enclosed parking
8 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 ".
8 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
•
Bayside 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:
/ ��
�/
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
u
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
0
0
•
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
FigureII Land Use Plan ............................................ ..............................4
• Figure III 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 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 •
1
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
•
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• SECTION I STATISTICAL ANALYSIS
1. Area of Development
•
E
Total Area: 3.92 acres
2. Site Area and Usage
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 11 DEVELOPMENT & USE REGULATIONS
1. Permitted Uses
A. Single- family, detached dwellings
B. Accessory structures (i.e. garages, gazebos,
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
barbeques, 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."
IJ
Minimum Yards
Minimum yards are as indicated in Table 1, "Bayside Planned Community District •
Regulations."
Table 1 Bayside Planned Community District Regulations
Lot
Minimum
Lot Area
(Sq. Ft.)
Maximum
Buildable
Area (Sq. Ft.)'
Maximum
Floor
Area'
Minimum Yard s'
Front Side
Rear
1
6,550
4,048
7,084
35r°
5'5,6
10r5
2
5,818
3,172
5,551
20'
5'
10'
3
10,559
6,117
10,704
15'7
5'
10'6
4
6,350
3,556
6,223
22'7
5'
56
5
8,351
4,927
8,622
22'7
5'9
56
6
7,620
4,419
7,733
22'7
5'
56
7
7,937
4,683
8,195
22'7
5'
56
8
6,350
3,556
6,223
22'7
5'
56
9
8,868
5,135
8,985
17'7
5'
5'6'1p
10
7.155
4.113
7.198
20''
5'
5'8.9
11
6,000
3,540
6,195
20"
5'
5'6
12
6,000
3,540
6,195
20"
5'
56
13
6,000
3,327
5,822
20"
5'/10'
5'6
14
6,720
3,564
6,237
20"
5710'
5'e
15
8,400
3,856
6,748
15/'20''11
5'5
10'6,8
16
6,640
3,851
6,739
20'
5'S
10'5
17
5,800
3,364
5,887
20'
5'5
1025
11
' 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
" 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.
7 Water -side yard deemed "front yard" for Lots 3 - 15 (see Tract Map)
6 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
0 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
• 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
0
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.
•
I
• 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 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
1111
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
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
• 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 ". 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. •
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• 31. The Developer shall file one (1) Final Tract Map (Map).
32. The Map shall be prepared on the California coordinate system (NAD88). Prior
to recordation of the Map, the surveyor /engineer preparing the Map shall submit
to the County Surveyor and the City of Newport Beach a digital - graphic file of
said map in a manner described in the Orange County Subdivision Code and
Orange County Subdivision Manual. The Map to be submitted to the City of
Newport Beach shall comply with the City's CADD Standards. Scanned images
will not be accepted.
33. The Final Map shall include reconfigured Lots C and D that encompass the
perimeter wall to be reconstructed along the Bayside Drive frontage and a
landscaped area, minimum 6 -feet in width, measured between the back of the
existing public sidewalk as shown on the Tentative Tract Map and the face of the
reconstructed perimeter wall.
34. The Developer of the Bayside Planned Community shall obtain and maintain a
valid Harbor Permit for the continued operation and maintenance of the existing
or future docks, gangplanks and other dock related improvements. This Harbor
Permit shall be transferred to the Homeowners Association (HOA) for the
Bayside Planned Community upon its creation. As a condition to the Harbor
Permit, the fee owner and leasehold owner shall execute an agreement to
• provide and maintain public access as identified within these Planned
Community District Regulations and these conditions of approval.
•
35. The Final Map shall be revised to provide a lettered lot coterminous with the
cantilevered public walkway along Lots 3 -9 unless the California Coastal
Commission determines that the cantilevered public walkway is not the
appropriate means of providing public access to the waterfront. Said lot shall be
owned and maintained by the Home Owners Association for public access
purposes and said lot shall not be obstructed or used for other purposes.
36. Prior to recordation, the Map shall tie the boundary of the map into the Horizontal
Control System established by the County Surveyor in a manner described in
Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and
Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron
pipe with tag) shall be set On Each Lot 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 is
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.
is
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.
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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
"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
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• 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 buildinq 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.
20
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
exposed stockpiles (dirt, sand, etc.);
•
21
• k. limit traffic speeds on unpaved roads to 15 miles per hour;
I. install sandbags or other erosion control measures to prevent silt runoff to
public roadways during;
M. replant vegetation in disturbed areas as quickly as possible;
n. all construction equipment shall be properly tuned and maintained;
o. contractors shall maintain and operate construction equipment so as to
minimize exhaust emissions;
P. trucks and vehicles in loading or unloading queues shall not idle;
q. construction activities shall be staged and scheduled to avoid emissions
peaks, and discontinued during second -stage smog alerts
92. During construction of the proposed improvements, in accordance with Public
Resources Code 5097.94, if human remains are found, the Orange County
coroner must be notified within 24 hours of the discovery. If the coroner
determines that the remains are not recent, the coroner will notify the Native
American Heritage Commission in Sacramento to determine the most likely
descendent for the area. The designated Native American representative then
determines in consultation with the property owner the disposition of the human
remains.
93. The applicant shall be responsible for the payment of all administrative costs
identified by the Planning Department within 30 days of receiving a final notification
of costs or prior to the issuance of a Building Permit.
• 94. All landscape materials and landscaped areas shall be installed and maintained
in accordance with the approved landscape plan. All landscaped areas shall be
maintained in a healthy and growing condition and shall receive regular pruning,
fertilizing, mowing and trimming. All landscaped areas shall be kept free of
weeds and debris. Ali 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 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.
•
23
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LOCATION:
APPLICANT
ISSUE
0L AGENDA
3
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.
Y'
AN
now
fir..'.
919 Bayside Drive
February 14, 2006
Page 3 of 8
DISCUSSION
Background
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 reasonab /e 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 CitV 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:
fog
"- avid Lepo
Hogle- Ireland, Inc.
Submitted by:
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 (6') 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.
4. 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 comer 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) x *k
a. Recommended condition:
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.
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 casement 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
casement 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
i. 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.
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.)
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 # 3 — Revise from 18'
to 15'
2.
Lot # 4 — Revise from 25'
to 22'
3.
Lot # 5 — Revise from 25'
to 22'
4.
Lot # 6 — Revise from 25'
to 22'
5.
Lot ;4 7 — Revise from 25'
to 22"
6.
Lot # 8 — Revise from 25'
to 22"
7.
Lot ;4 9 — Revise from 20'
to 17'
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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
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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. The Tentative Tract Map,
with revisions and subject to Conditions of Approval, provides reasonable
public access along the southerly boundary of the project site from a public
highway by way of fee or easement. Public access including an 8 -foot wide
easement and walkway improvements is proposed across land within the
subdivision boundary and over the water adjacent to the subdivision boundary.
As such, the proposed subdivision is consistent with Section 664778.4 of the
California Government Code. Additionally, widening the existing public
walkway to 8 feet within Lot B (along Promontory Channel) accommodates
free flowing pedestrian traffic and is adequate to find the proposed subdivision
consistent with Section 664778.4 of the California Government Code.
2. Finding
The design or improvement of the proposed subdivision is consistent with the
General Plan.
Facts
Consistency with the City of Newport Beach Land Use Element. The proposed
project site lies within the Promontory Bay Area, as defined in the City's Land
Use Element. The Promontory Bay Area includes Harbor Island, Linda Isle,
and all the area bounded by Newport Bay, Marine Avenue /Jamboree Road,
and East Coast Highway. Existing land uses within the Promontory Bay Area
are diverse and include Single - Family Detached Residential, Multi - Family
Residential, Neighborhood Commercial, Recreational and Marina, and
Recreational and Environmental Open Space land uses. The proposed project
would be consistent with existing and allowed land uses within the Promontory
Bay Area.
The Land Use Element designates the proposed project site as Multi - Family
Residential to reflect the existing apartment complex. As previously stated, the
proposed project would establish 17 residential lots. Single- family residences
are a permitted use within sites designated for multi - family residences (page 23
of the Land Use Element). Therefore, the proposed project would be consistent
with the Multi - Family Residential land use designation. It would also be
consistent with applicable policies of the Land Use Element.
Consistency with the City of Newport Beach Harbor and Bay Element. Policy
HB -1.1.2 of the Harbor and Bay Element requires that potential impacts on
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
HB- 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.
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.
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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.
I/
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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.
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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
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.
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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 digital - graphic file of
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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.
c.
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.
::n 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
Tong 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
" 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
�fj
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 buildinq 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.
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.
J�
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
J
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
?4.
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
Figure III
Site Plan ......................................................
.............................22
f
INTRODUCTION
The subject of this document is a 3.92 -acre parcel on Bayside Drive that has beer
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 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
z�
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
v
VICINITY MAP
BAY HARBOR - T.M. 15323
PLANNED COMMUNITY DISTRICT
ADAMS STREETER
CIVIL ENGINEERS, INC.
15 Corporate Pork, Irvine, CA 92606
Ph: (949) 474 -2330 Fox: (949) 474 -0251
NOT TO SCALE CONTACT: FELIX GONZALEZ
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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 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."
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."
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 Buildable 3
Minimum Yards
Lot Lot Area Floor
(Sq. Ft.) (SGr a F ), Area2 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
25'7
5'9
5'8
6
6,500
3,740
6,545
25'7
5'
5'8
7
8,125
4,899
8,573
25''
5'
5'e
8
6,500
3,649
6,386
25''
5'
5'8
9
9,150
4,666
8,166
20''
5'
5i8.10
10
7,155
4,113
7,198
20''
5'
5'89
11
6,000
3,540
6,195
20''
5'
5'e
12
6,000
3,540
6,195
20''
5'
5'e
13
6,000
3,327
5,822
20''
5710'
5'8
14
6,720
3,564
6,237
20''
5710'
5'8
15
8,400
3,856
6,748
15/'20'7•11
5'S
106.8
16
6,640
3,851
6,739
20'
5'5
10'5
17
5,800
3,364
5,887
20'
5'S
10'5
Lot area less minimum front, side, and rear yard areas
z 1.75 X Maximum buildable area and not including maximum 400 sq. ft. attributable to required, enclosed
parking
' 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.
7 Water -side yard deemed "front yard' for Lots 3 - 15 (see Tract Map)
e 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
1° 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
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. Buildinq 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. Parking
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
�J
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.
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16. Barbe ues
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
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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
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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.
21 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
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(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.
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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.
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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.
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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.
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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.
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.
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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 gradincL-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 gradinq 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 ciradinq permit, the applicant shall provide written evidence
to the Planning Director that a qualified archaeologist has been retained to
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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
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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.
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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;
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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. Durino construction of the pro osed 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 dwellinq 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
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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 poteritial 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
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