HomeMy WebLinkAbout18 - 919 Bayside Residential Planned CommunityCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 18
January 8, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Brandon Nichols, Associate Planner
(949) 644 -3234, bnichols(a-city.newport- beach.ca.us
SUBJECT: Bayside Residential Planned Community (PA2007 -166)
919 Bayside Drive
• Planned Community Development Plan Amendment No. 2007-
004
• Amendment to Newport Tract Map No. 2004 -001
(Tentative Tract Map No. 15323)
ISSUE
Should the City Council approve amendments to the Bayside Residential Planned
Community District Regulations (PC Development Plan) and associated 17 -lot, single -
unit residential tract map?
RECOMMENDATION
Review the proposed PC Development Plan amendment and tract map amendment,
receive.public comments, and:
1. Adopt Resolution No. 2008- approving the amendment of Newport Tract
Map No. 2004 -001; and
2. Introduce Ordinance No. 2008- approving Planned Community
Development Plan Amendment No. 2007 -004 and pass to second reading on
January 22, 2008.
BACKGROUND
The Bayside Residential Planned Community was originally recommended for approval
by the Planning Commission in 2005 and approved by the City Council in March 2006.
Approval of the project required the following Council actions:
Bayside Residential Planned Community
January 8, 2008
Page 2
• Adoption of Code Amendment No. 2004 -003 to change the zoning of the
property from Multi - Family Residential to Planned Community (PC -55).
• Adoption of the PC Development Plan to regulate development of the new
planned community.
• Approval of Newport Tract Map No. 2004 -001 to subdivide the property into 17
single -unit residential lots.
Subsequent to City Council approval, the PC Development Plan and tract map were
forwarded to the California Coastal Commission for review and approval of a Coastal
Development Permit to develop the site. In February of 2007, a Coastal Development
Permit was approved for the site, subject to the fulfillment of a number of conditions.
Many of the conditions deal with the provision and maintenance of public coastal access
within the development. Compliance with these conditions necessitates amendments to
the PC Development Plan and tract map.
DISCUSSION
The proposed changes to the PC Development Plan and tract map are discussed in
detail in the Planning Commission Staff Report dated 12/06/07 (Attachment D) and are
summarized as follows:
• Entry gates have been removed from the project.
• A public sidewalk has been added along the perimeter of the internal ring road
serving the development.
• All streets, sidewalks and parking within the development will be open and
available for public pedestrian, bicycle, and vehicular use. An easement for
public access, dedicated to the City, will be placed across these areas.
Maintenance of these areas will be the responsibility of the home owners
association.
In reviewing the PC Development Plan amendment, staff also recommended minor
changes and clarifications to the language of the planned community development
regulations. These changes are discussed in the Planning Commission Staff Report and
are incorporated into the amended PC Development Plan. A copy of the amended PC
Development Plan is contained in zhe attached ordinance.
PLANNING COMMISSION ACTION
The Planning Commission adopted a resolution recommending City Council approval of
the PC Development Plan amendment and tract map amendment. No changes to the
applicant's proposal were made. Areas of discussion included:
• The diminished level of privacy created by the tract map changes.
Bayside Residential Planned Community
January 8, 2008
Page 3
• Setback requirements for lots adjacent to the water (although no changes to the
originally approved setbacks were proposed as part of this application).
ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration was prepared and certified for the project. It was
determined that the project, with required mitigation measures, would have a less than
significant impact on the environment. The proposed changes to the PC Development
Plan and tract map are minor in nature and do not change the project in any way that
would result in potentially significant environmental impacts beyond those analyzed in
the certified Mitigated Negative Declaration,
SUMMARY
Staff has reviewed the proposed changes to the PC Development Plan and tract map
and finds them to be minor in nature and necessary to implement the conditions of the
Coastal Development Permit for the project. The changes do not increase the density or
intensity of the development and do not result in significant changes to the design of the
subdivision or intent of the PC Development Plan. The Planning Commission has
reviewed the proposed amendments and has recommended City Council approval.
Staff therefore recommends the City Council approve the PC Development Plan and
tract map amendments..
PUBLIC NOTICE
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Prepared by: Submitted by:
Brandon Nichols, Associate Planner
FR
Attachments:
A. Draft Resolution
B. Draft Ordinance
C. Amended Newport Tract Map No. 2004 -001 (Tentative Tract Map No. 15323)
D. Planning Commission Staff Report dated 12/6/07
E. Draft Minutes of the 12/6/07 Planning Commission Meeting
Attachment A
Draft Resolution
7
lu
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING NEWPORT TRACT MAP NO. 2004-001
(TENTATIVE TRACT MAP NO. 15323) FOR PROPERTY LOCATED AT
919 BAYSIDE DRIVE (PA 2007 -166).
WHEREAS, on November 3, 2005, the Planning Commission adopted
Resolution No. 1679 recommending that the City Council approve Code Amendment
No. 2005 -007, The Bayside Residential Planned Community Development Regulations
(PC Development Plan), Newport Tract Map No. 2004 -001, and Coastal Residential
Development Permit No. 2005 -001, and adopt a Mitigated Negative Declaration (SCH
No. 2005 -061019) for development of a 17 -lot single -unit residential subdivision located
at 919 Bayside Drive (Project); and
WHEREAS, on March 14, 2006, the City Council adopted Resolution No. 2006-
20 approving Newport Tract Map No. 2004 -001 to subdivide the property and adopted
Ordinance No. 2006 -6 (approving Code Amendment No. 2005 -007 and the PC
Development Plan) to establish a Planned Community (PC) zoning designation for the
property and provide development regulations for the Project and new PC zone; and
WHEREAS, an application was filed by UGS Development Inc. to amend
Newport Tract Map No. 2004 -001 in order to comply with the conditions of the Coastal
Development Permit for the Project; and
WHEREAS, on December 6, 2007, the Planning Commission considered the
application at a noticed public hearing held in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the hearing was given in accordance with the Municipal Code. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at the
meeting; and
WHEREAS, the Planning Commission voted (7 -0) to recommend approval of the
tract map amendment; and
WHEREAS, on January 8, 2008 the City Council considered the tract map
amendment at a noticed public hearing held in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the hearing was given in accordance with the Municipal Code. Evidence, both written
and oral, was presented to, and considered by, the City Council at the meeting; and
WHEREAS, the tract map amendment is necessary to implement the conditions
of approval of the Coastal Development Permit for the Project; and
WHEREAS, the tract map amendment is minor in nature, consistent with the
intent of the original tentative map approval, does not result in an increase in density or
intensity, and does not create any additional environmental impacts beyond those
analyzed in the Mitigated Negative Declaration for the Project.
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City Council Resolution No.
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NOW, THEREFORE, BE IT RESOLVED:
Section 1. The City Council hereby approves Newport Tract Map No. 2004
001, as amended, dated November 20, 2007, and subject to the revised Conditions of
Approval as set forth in Exhibit "A" attached hereto and made part hereof.
PASSED, APPROVED AND ADOPTED THIS 8th DAY OF JANUARY 2008.
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 3 of 16
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
Newport Tract Map No. 2004 -001 (Tentative Tract Map No. 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 Coastal Development Permit 05 -06 -145, and 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), consistent with Special
Condition 9 of Coastal Development Permit 05 -06 -145. 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 authorized by Coastal Development Permit 05 -16 -145 shall be
subject to review and approval by the City of Newport Beach Public Works
Department.
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8. The California Vehicle Code shall be enforced on the publicly accessible,
privately owned and maintained streets and drives, and delineation acceptable to
the Police Department and Public Works Department shall be provided along the
sidelines of the 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 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, 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 be consistent with Special Conditions 5 and 6 of Coastal Development
Permit 05 -06 -145. 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 Attachment 4 to the City Council Staff Report for PA 2007 -166 dated
It.
date i€pij °ct), and approved by Coastal Development
Permit 05 -06 -145.
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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 15323. 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
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 incorporated into Conditions,
Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with
the County Clerk.
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
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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 consistent with Coastal Development Permit 05-
06 -145 and 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, consistent with Coastal Development Permit 05 -06 -145 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).
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
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City Council Resolution No.
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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. 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.
38. Submit written documentation from the holders of the various existing easements
shown on the Tentative Tract 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 ingress /egress, weekly refuse service, and public utility
purposes on all publicly accessible, privately owned and maintained streets and
drives 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.
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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 damages 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.
51. All on -site drainage, sanitary sewer, water, and electrical systems shall be
owned, operated, and maintained by the Homeowners Association.
52. 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.
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53. 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.
54. All storm drain and sanitary sewer mains shall be installed with MacWrap.
55. ADA compliant curb access ramps shall be constructed at all interior curb
returns.
56. 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.
57. The intersection of the street 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.
58. 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.
59. On -site parking, vehicular circulation and pedestrian circulation system shall be
subject to further review by the City Traffic Engineer.
60. Provide Class III standpipe system at existing dock. Remove 2'% connections at
the bulkhead.
61. 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.
62. Automatic fire extinguishing system required for residential units when the total
floor area exceeds 5,000 square feet.
63. Minimum width at entrance shall be 14 feet clear.
64. Tuming radius for fire apparatus shall not be less than 20 feet inside radius and
40 feet outside radius. Show on plan.
65. Any obstructions in required fire access roadways, including speed bumps and
speed humps, are prohibited.
66. Provide on -site public fire hydrants.
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67. 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.
68. Prior to the issuance of arading /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.
69. 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.
70. _Prior to the issuance of individual building permits, the applicant shall provide
designs for building foundations and slabs appropriate to mitigating liquefaction
hazard.
71. 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.
72. 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.
73. 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
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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.
74. 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.
75. 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.
76. 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.
77. 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.
78. 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.
79. 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
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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.
80. 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.
81. 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.
82. 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.
83. 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
84. 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
f%
City of Newport Beach
City Council Resolution No.
Paqe 13 of 16
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.
85. 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.
86. 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.
87. 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.
88. Prior to issuance of the certificate of occupancy or final of buildina 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.
11
City of Newport Beach
City Council Resolution No.
Paae 14 of 16
89. 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;
L 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
90. 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.
01
City of Newport Beach
City Council Resolution No.
Page 15 of 16
91. 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 Pen-nit.
92. 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.
93. Prior to issuance of any Certificate of Occupancv, 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.
94. 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.
95. Prior to issuance of a Certificate of Occupancv 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.
96. 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.
97. 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
11
City of Newport Beach
City Council Resolution No.
Paqe 16 of 16
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.
K
Attachment B
Draft Ordinance
OI
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT NO. 2007 -004 FOR PROPERTY LOCATED AT 919 BAYSIDE
DRIVE (PA 2007 -166)
WHEREAS, on November 3, 2005, the Planning Commission adopted Resolution No.
1679 recommending that the City Council approve Code Amendment No. 2005 -007, The
Bayside Residential Planned Community District Development Regulations (PC Development
Plan), Newport Tract Map No. 2004 -001, and Coastal Residential. Development Permit No.
2005 -001, and adopt a Mitigated Negative Declaration (SCH No. 2005 - 061019) for
development of a 17 -lot single -unit residential subdivision located at 919 Bayside Drive
(Project); and
WHEREAS, on March 14, 2006, the City Council adopted Resolution No. 2006 -20
approving Newport Tract Map No. 2004 -001 to subdivide the property and adopted Ordinance
No. 2006 -6 (approving Code Amendment No. 2005 -007 and the PC Development Plan) to
establish a Planned Community (PC) zoning designation for the property and provide
development regulations for the Project and new PC zone; and
WHEREAS, an application was filed by UGS Development Inc. to amend the PC
Development Plan in order to comply with the conditions of the Coastal Development Permit
for the project and to clarify the development standards contained in the plan; and
WHEREAS, on December 6, 2007, the Planning Commission considered the
application at a noticed public hearing held in the City Hall Council Chambers, 3300 Newport
Boulevard, Newport Beach, California. A notice of time, place and purpose of the hearing was
given in accordance with the Municipal Code. Evidence, both written and oral, was presented
to, and considered by, the Planning Commission at the meeting; and
WHEREAS, the Planning Commission voted (7 -0) to recommend approval of the
planned community development plan amendment to the City Council; and
WHEREAS, on January 8, 2008, the City Council considered the planned community
development plan amendment at a noticed public hearing held in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the hearing was given in accordance with the Municipal Code. Evidence, both
written and oral, was presented to, and considered by, the City Council at the meeting; and
WHEREAS, the amended PC Development Plan sets forth use and development
standards for the Bayside Residential Planned Community District (PC -55). The regulations
provide suitable and adequate standards for future development including those relating to
uses, setbacks, building limits, floor area limits and signage; and
WHEREAS, the amended PC Development Plan for the development of a 17 -lot single -
unit detached residential subdivision is consistent with the General Plan land use designation
of Multi -Unit Residential.
In
WHEREAS, the amendment is necessary to implement the conditions of approval of
the Coastal Development Permit for the Project; and
WHEREAS, the amendment is minor in nature, consistent with the intent of the original
development plan approval, does not result in an increase in density or intensity, and does not
create any additional environmental impacts beyond those analyzed in the Mitigated Negative
Declaration for the Project.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: The Bayside Residential Planned Community District Development
Regulations shall be amended as provided in Exhibit "A ".
SECTION 2: All property and uses within the planned community shall be subject to the
regulations contained in the Bayside Residential Planned Community District Development
Regulations.
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 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 January 8, 2008, and adopted on January 22, 2008, by the following
vote, to wit:
AYES, COUNCIL MEMBE
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
ATTEST:
CITY CLERK
uF.Vi!] 7
0?3
EXHIBIT "A"
NORTH BAY ROAD
(919 BAYSIDE DRIVE)
Bayside Residential
Planned Community District
Development Regulations
Newport Beach, California
Adopted by Ordinance No. - <insert dates
TABLE OF CONTENTS
Bayside Residential Planned Community District Regulations
Page
Introduction........................................................................... ............................... 1
ProjectDescription ............................................................... ............................... 1
Section I Statistical Analysis ............................... ............................... 6
Section II Development and Use Regulations ..... ............................... 6
List of Figures
Figure I General Site Location .......................... ............................... 4
Figure11 Land Use Plan ..................................... ............................... 5
Figure III Perimeter Setback Exhibit .................. ............................... 10
Figure IV Districting Map .................................... ............................... 11
�.5
The subject of this document is a 4.09 -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 no more than 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 unit per
number lot within the subdivision. The 4.09 -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 compliance with Coastal Development Permit 05 -06 -145 issued
by the California Coastal Commission.
The general site location and land use plan for the subject property are set forth in
Figure 1 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
access. A bulkhead provides sufficient water depth at the south property line for
1
AO
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 7-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 15323. 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 4.09 -acre project site is to be developed as a 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 no more than 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 a street 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 PUBLIC, open and unobstructed at all times, connects the loop road to the
public walkway.
2 h '�
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.
'AY.
VICINITY MAP
NORTH BAY ROAD - T.M. 15323
PLANNED COMMUNITY DISTRICT
ADAMS • STREETER
CIVIL ENGINEERS, INC.
1.5 Corporate Pork, Irvine, CA 92606
Ph: (949) 474 -2330 Fax: (949) 474 -0251
NOT TO SCALE tiONTACT; MARK NGUYGN
4 °S
UNDESIGNATED
SINGLE
FAMILY
DETACHED
RECREATIONAL
& MARINE
COMMERCIAL
LAND USE PLAN
NORTH BAY ROAD - T.M. 15323
PLANNED COMMUNITY DISTRICT
MULTI — FAMILY
RESIDENTIAL
L
NOT: TO' SCALE
RETAIL & SERVICE
COMMERCIAL
EXIST. DOCKS
FIG. II
MULTI — FAMILY
RESIDENTIAL
ADAMS • STREETER
CIVIL rUGINEERS. INC.
15 Corporate; Park, Irvme. PA '92606
Ph: (949) 474 -233D Fox. (949) 474 -0251
CONTACT MARK NW(M
5 , -0
SECTION I STATISTICAL ANALYSIS
1. Area of Development
Total Area: 4.09 Acres
2. Site Area and Usage
SECTION II 1 DEVELOPMENT & USE REGULATIONS
1. Permitted Uses
A. Single- family, detached dwellings
B. Accessory structures (i.e. garages, gazebos, barbeques, fences, walls, etc.)
C. Recreation facilities ancillary to residential uses
D. Model homes and on -site sales office
E. Home occupations pursuant to the Zoning Code
2. Intensity of Development
Maximum permissible number of units: 17 single - family, detached
dwellings
6 l
LOT SUMMARY
LOT
DESCRIPTION
ACREAGE
LOTS 1 -17
RESIDENTIAL
2.74 Ac.
LOT A
RECREATIONAL
0.13 Ac.
LOT B
PUBLIC PEDESTRIAN INGRESS /EGRESS WITH
0.20 Ac.
AN EASEMENT DEDICATED TO THE CITY
LOT C
OPEN SPACE/LANDSCAPE WITH AN EASEMENT
FOR SIDEWALKIPUBLIC ACCESS DEDICATED
0.06 Ac.
TO THE CITY
LOT D
OPEN SPACE / LANDSCAPE
0.07 Ac.
LOT E
PRIVATE STREET AND SIDEWALK WITH AN
EASEMENT TO BE DEDICATED TO THE CITY
o.72 Ac.
FOR PUBLIC ACCESS AND PUBLIC UTILITIES
LOT F
WATER FRONT WITH AN EASEMENT FOR
0.14 Ac.
PUBLIC ACCESS DEDICATED TO THE CITY
LOT G
OPEN SPACE/LANDSCAPE WITH AN EASEMENT
0.03 Ac.
FOR A SIDEWALKIPUBLIC ACCESS, FIRE
ACCESS AND PUBLIC UTILITIES DEDICATED TO
THE CITY
TOTAL
4.09 Ac.
SECTION II 1 DEVELOPMENT & USE REGULATIONS
1. Permitted Uses
A. Single- family, detached dwellings
B. Accessory structures (i.e. garages, gazebos, barbeques, fences, walls, etc.)
C. Recreation facilities ancillary to residential uses
D. Model homes and on -site sales office
E. Home occupations pursuant to the Zoning Code
2. Intensity of Development
Maximum permissible number of units: 17 single - family, detached
dwellings
6 l
3. Lot Area. Setbacks and Floor Area Limit
a. Minimum lot area shall be no less than 5500 square feet. All front and rear yard
minimum setbacks shall be as depicted on the attached exhibit, "Perimeter Setback
Exhibit" dated September'19, 2007.
b. All side yard minimum setbacks shall be 5 feet or as shown on the attached
"Perimeter Setback Exhibit' dated September 19, 2007.
c. Minimum 5 foot setback shall be required between each one -story building wall and
the front property line. A minimum 10 foot setback shall be required between each
two -story building wall and the front property line.
d. A minimum of 18 feet is required between the face of the garage door and the front
property line.
e. Maximum floor area is 1.75 x the maximum buildable area and not including
maximum 400 sq. ft. attributable to required, enclosed parking.
f. Maximum buildable area shall be the lot area less the minimum front, side and rear
yard setbacks.
4. 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.
5. 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.
6. Vehicular Access
The minimum width of the publicly accessible, privately owned and maintained streets
and drives shall be 36 feet measured curb to curb when parking is allowed on both
sides of the street and 32 feet curb to curb when parking is allowed on one side or no
parking is allowed. Curb -side parking spaces within Lot "E" shall be 8'x 22' minimum.
7. 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 to each garage of each single - family dwelling. A total of 19
curb -side parking spaces shall be provided on the street that provides access to each
buildable lot.
7
�a
8. Si ns
All signs shall conform to all applicable sign standards of the Municipal Code. A sign
program for the Bayside Planned Community, consistent with Coastal Development
Permit 05 -06 -145, shall be submitted pursuant to Section 20.67 of the Zoning Code for
review and approval by the Planning Director.
9. Lichtina
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.
10. Fences. Heckles and Walls
Fences, hedges and walls shall be limited to three (3) feet in height in all front yard
setbacks and within rear yard setbacks of the waterfront 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 rear yard from the setback line to the waterfront property line.
Walls that extend in the same plane as the front (driveway street -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.
11. Arbors and Trellises
Arbors and trellises may project into front yards abutting the street provided no such
structure is closer than five (5) feet to the property line. The footprint area of such
structures shall not exceed forty (40) square feet with a maximum height of twelve (12)
feet. Arbors and trellises must be at least 50% open.
12. Barbegues
Freestanding barbeques may project into all residential rear yards provided a
minimum distance of five (5) feet is maintained between the barbeques and the
respective side and rear, property lines. No barbeque including chimney may exceed
five (5) feet in height.
h2
13. 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 five
(5) 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.
14. Maintenance of Public Access
Maintenance of all public access as required by Coastal Development Permit 05 -06-
145 shall be provided by the Homeowner's Association.
15. Ownership and Maintenance of Streets
For purposes of this document, "publicly accessible, privately owned and maintained
streets and drives" shall be defined as privately owned and maintained with an
easement granted to the City of Newport Beach for permanent 24 -hour public
vehicular and pedestrian access per Coastal Development Permit 5 -06 -145 and as
shown on Tentative Tract Map No. 15323.
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Attachment C
Amended Newport Tract
Map No. 2004 -001
(Tentative Tract Map No-3)
15323)
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Attachment D
Planning Commission
Staff Report Dated 12/6/07
I
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
12!612007 Meeting
Agenda Item No. 3
SUBJECT: Bayside Residential Planned Community (PA2007 -166)
919 Bayside Drive
■ Planned Community Text Amendment No. 2007 -004
• Amendments to Newport Tract Map No. 2004 -001
(Tentative Tract Map No. 15323)
APPLICANT: UGS Development Inc.
PLANNER: Brandon Nichols, Associate Planner
(949) 644 -3234, bnichols @city.newport- beach.ca.us
BACKGROUND
On November 3, 2005, the Planning Commission recommended the City Council
establish the Bayside Residential Planned Community zoning district (PC -55) to permit
the development of a 17 -lot, single -unit residential subdivision on property located at
919 Bayside Drive. On March 14, 2006, the Council adopted an ordinance establishing
the PC -55 district, and adopted the Bayside Residential Planned Community District
Regulations (PC Text) to govern development of the new planned community. The
Council also approved Newport Tract Map No. 2004 -001 to subdivide the property.
Since the property is located in the City's Coastal Zone, development of the project
requires the issuance of a Coastal Development Permit by the California Coastal
Commission (CCC). Subsequent to City Council approval, the PC Text and tract map
were forwarded to the CCC for review and approval.
On February 14, 2007, the CCC approved the Coastal Development Permit (CDP) for
the project, subject to the fulfillment of a number of conditions. The CDP does not
become effective until the applicant has satisfied these conditions. Many of the
conditions deal with new requirements for the provision and maintenance of public
access within the development. Compliance with these conditions requires amendments
to the PC Text and tract map.
On March 1, 2007, the CCC mailed a "Notice of Intent to Issue Permit" that outlines the
conditions of the CDP. A copy of this document is attached as Exhibit 1.
�a
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Nei hborhood Commercial
NIA
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Retail Service Commercial
N/A
Mult n;IL s dental
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Balboa Island Channel
NORTH
SOUTH
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Multi le -Unit Residential
Multi-Family Residential
Multi-Family Residential
WEST
NIA
N/A
Promontory Channel
Lf 1
Bayside Residential Planned Community
December 6, 2007
Page 3
PROJECT SUMMARY
The applicant is proposing to amend the PC Text and tract map for the development in
order to implement the conditions of the CDP. In some cases, this requires minor
changes to the tract map conditions of approval. To aid in the implementation and
administration of the PC Text, Staff has also recommended changes to the format and
content of the document. Proposed changes to the PC Text and tract map are
discussed in the following sections. Changes to the PC Text and tract map conditions
are further clarified in a "track changes" version of the PC Text attached as Exhibit 2
(deletions crossed out and additions underlined). A copy of the revised tract map is
attached as Exhibit 3.
RECOMMENDATION
Adopt Resolution recommending that the City Council approve Planned Community
Text Amendment No. 2007 -004 and approve amendments to Newport Tract Map No.
2004 -001.
DISCUSSION
Public Access
To comply with the CDP conditions relating to public access, the following changes to
PC Text and tract map are proposed:
A sidewalk has been added along the perimeter of the internal ring road serving
the development. This sidewalk will be connected to the public right -of -way
(sidewalk and bike path adjacent to Bayside Drive) by an additional sidewalk
across "Lot C. These changes are reflected on the revised tract map.
The proposed entry gate has been removed from the project and all streets,
sidewalks, and parking will be open and available for public pedestrian, bicycle
and vehicular access and use. References to the entry gate have been removed
from the PC Text and tract map conditions.
An easement for public access across "Lot C' and "Lot E" will be dedicated to the
City. These lots encompass the streets and sidewalks within the subdivision. An
easement for water, fire access and public access across "Lot G' will be
dedicated to the City. "Lot G° provides a connection between "Lot F and the
cantilevered public walkway along the waterside of the development. All
proposed easements are reflected on the revised tract map.
Compliance with the CDP conditions has resulted in slight changes to the
acreages listed in the Site Area and Usage breakdown found in Section 1 of the
Bayside Residential Planned Community
December 6, 2007
Page 4
PC Text. These changes are reflected in a revised site area and usage table and
in the lot summary table found on the revised tract map.
Heading No. 14 (Maintenance of Public Access) has been added to Section II of
the PC Text. The new heading states that maintenance of all public access areas
shall be provided by the homeowner's association.
Heading. No. 15 (Ownership and Maintenance of Streets) has been added to
Section Ii of the PC Text. The new heading clarifies that the streets within the
subdivision will be privately owned and maintained but open for public access
and use at all times (via a public access easement granted to the City).
In the PC Text and tract map conditions, °private streets" are now referred to as
"publicly accessible, privately -owned and maintained streets and drives'.
Implementation and Administration of the PC Text
During review of the PC Text Amendment, staff identified areas within the PC text that
could be altered to clarify the development regulations and ease implementation of
future development on the site. The changes are intended to make the PC Text "user -
friendly" and prevent the need for additional PC Text amendments. The proposed
changes are as follows:
Heading No. 3 (Lot Area, Setbacks, and Floor Area Limit) has been added to
Section II (Development & Use Regulations) of the PC Text. This new heading
consolidates information contained in four other sections into a single list of
development standards. An additional "Perimeter Setback" exhibit was also
added to delineate all front and rear yard setback areas.
The adopted PC Text incorporates a copy of the tract map and conditions of
approval into the body of the document. Conditions of approval are contained in
the resolution approving the bract map, and are not a typical element included in
a planned community text. Staff has, therefore, recommended that they be
removed from the PC Text along with the tract map. The conditions of approval
are included as an appendix to the "track changes" version of the PC Text;
however, they are for review purposes only, and are not proposed to be a part of
the final, approved PC Text.
Administrative Changes
The following administrative changes have also been incorporated into the amended PC
Text, tract map and/or conditions of approval:
Bayside Residential Planned Community
December 6, 2007
Page 5
• Because a CDP has now been approved for the project, references to the permit
(Coastal Development Permit 05 -06 -145) have been added to the PC Text and
tract map conditions where necessary and /or appropriate.
• "Lot F" has been added to the tract map to account for the portion of the property
lying between the edge of the cantilevered walkway and the southern boundary
of the tract. The inclusion of "Lot F" accounts for the slight increase In the total
acreage of the site (.14 -acre increase). This increase is reflected in the PC Text
and on the tract map.
• Numbering and grammatical errors have been fixed.
Findings for Approval
Pursuant to the city subdivision code (Title 19), a number of findings are required for
approval of a tentative map. The findings deal primarily with General Plan and Local
Coastal Program consistency and conformance with the provisions of the state
Subdivision Map Act. Since no substantial changes to the tract map are proposed, staff
has determined that findings made for the original approval remain applicable to the
revised tract map. The proposed changes actually augment the project's conformance
with General Plan policies that discourage gated communities and Local Coastal
Program policies relating to provision of public access to the coastal areas.
Environmental Review
A Mitigated Negative Declaration was prepared and certified for the project. It was
determined that the project, with required mitigation measures, would have a less than
significant impact on the environment. The proposed changes to the PC Text and tract
map are minor in nature and do not change the project in any way that would result in
potentially significant environmental impacts beyond those analyzed in the certified
Mitigated Negative Declaration.
SUMMARY
Staff has reviewed the proposed changes to the PC Text and tract map and finds them
to be minor in nature and necessary to implement the conditions of the CDP. The
changes do not substantially change the design of the subdivision or the intent of the
PC Text and do not increase the density or intensity of the proposed development. Staff
therefore recommends that the Planning Commission adopt the attached resolution
recommending that the City Council approve Planned Community Text Amendment No.
2007 -004 and amend Newport Tract Map No. 2004 -001.
Bayside Residential Planned Community
December 6, 2007
Page 6
PUBLIC NOTICE
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Prepared by:
Brandon Nichols, Associate Planner
EXHIBITS
Submitted by:
- .. lu `j a -
1. California Coastal Commission "Notice of Intent to Issue Permit"
2. "Track Changes" Version of PC Text and Tract Map Conditions
(deletions crossed out and additions underlined)
3. Revised Newport Tract Map No. 2004 -001 (Tentative Tract Map No. 15323)
4. Resolution
F- 'WSERS1PLMSharedlPA's1PAs - 20071PA2007- 1861Planning Commiss % nIPA2007- -168 PC staffreportdoc
q5'
Attachment E
Draft Minutes of the 12/6/07
Planning Commission
Meeting 4
Planning Commission Minutes 12/06/2007
was made by Commissioner McDaniel and seconded by Commissioner
to continue this item.
Eaton, Peotter, Hawkins,
None
Planned Community Text Amendment No. 2007 -004
Amendment to Newport Tract Map No. 2004 -001
919 Bayside Drive
applicant requests to amend the Bayside Residential Planned Community
Act Development Regulations (Planned Community Text No. 55) to implement
conditions of approval of the Coastal Development Permit for the development
17 -lot single - family residential subdivision. Changes to the Planned
nmunity Text are also proposed to simplify the administration of the Planned
nmunity development regulations. To ensure consistency with the amended
fined Community Text and conditions of approval of the Coastal Development
mit, the applicant further requests amendments to Newport Tract Map No.
4 -001 (Tentative Tract Map 15323) and the conditions of approval of said map.
Planner Brandon Nichols gave an overview of the staff report. The
changes are proposed:
community is no longer proposed to be gated; all streets, sidewalks and
ways open to the public; new sidewalk added in the interior to serve the
:lopment; Lot G provides additional access to the walkway adjacent to the
h -end of the development and easement or public access will be placed to
ire public use.
finds these proposed changes to be in substantial conformance with the
ial approval.
A McDermott from Government Solutions, representing the applicant, noted
concurrence with the staff report. She requested that this item be heard at the
.ial Council meeting in December if at all feasible.
Hawkins asked about the walkways.
3. McDermott answered the access comes from the street along the public
iewalk directly onto the public street within the subdivision. There is an
sement between lots 5 and 6 that goes directly to the cantilevered walkway
Wing to the ramp. We were required by the Coastal Commission to provide that
id the parking on the street is also public. There is a loop street that has access
the lot driveways and the 19 public parking spaces on the site as well as access
wn to the water.
Hawkins asked about lot consolidation.
McDermott answered that someone may come in and buy two lots but it
sins to be seen whether the Coastal Commission will allow that without an
tional approval.
Chairman Hawkins expressed his concern of someone consolidating all the lots
into one parcel and exceeding the MFR and height limits.
PA2007 -166
Recommended
for approval to
City Council
Page 2 of 8
q1
file: //F: \Users \PLN\Shared\Planning Commission \PC Minutes\mn12- 06- 07.htm 01/02/2008
Planning Commission Minutes 12/06/2007 Page 3 of 8
s. McDermott answered the provisions built in the PC text and the language
hat there there be no more than 17 lots should cover your concem. Complete
nsolidation would not be feasible due to the street configuration that has been
approved in the Tentative Tract Map. If you want to say not less than 10 or even
12 units would be fine. She then noted the Coastal Commission has approved the
ext as it is written, so if there is to be a limitation, requests that it be placed on the
entative Tract Map or conditions of approval attached to the PC text as that
would make the implementation simpler due to the processing we are doing at
Coastal.
Chairman Hawkins noted his agreement with the limitation.
Public comment was opened. D
Public comment was closed.
ommissioner Toerge asked about the setback differences.
Mr. Lepo answered that they are consistent with the setbacks on the previously
approved map and PC text. Three feet should have come off each of the setbacks
hich is attributable to the part of the walkway that is not cantilevered.
Motion was made by Commissioner Peotter and seconded by Commissioner Cole
to adopt resolution recommending that the City Council approve Planned
community Text Amendment No. 2007 -004 and approve amendments to Newport
Tract Map No. 2004 -001.
Mr. Lepo verified that the motion includes the minimum lot number on the Tract
Map. The maker of the motion declared this is not part of the motion.
hairman Hawkins noted his concern of huge homes being built.
Ms. McDermott noted that with the adoption of the PC, which is already on the
property, there is no MFR restriction or allowance.
hairman Hawkins asked if the applicant would accept a number of lots.
Ms. McDermott noted it would be acceptable.
The motion was called for and approved as is.
Ayes: Eaton, Peotter, Hawkins, Cole, McDaniel, Toerge and Hillgren
Noes: None
Absent: None
BJECT: Joyce LCM RedVMIIow residence (PA2007 -152) " °" '
418 Redlands PA2007 -152
n appeal of the Zoning Administrator's decision to approve Modification Permit Denied
No. 2007 -060 on property located in the R -1 District, which would permit the minor
interior remodel of, and a 1,203 square-foot addition to a nonconforming single-
family dwelling unit that encroaches 13 feet, 8 inches into the 20 -foot required front
and setback.
Chairman Hawkins noting the a -mails sent between one of the Commissioners tI
and the appellant and asked the City Attorney if those communications rose to a T
level that they might create a conflict for the Commissioner.
file: //F:IUserslPLNlSharedlPlanning Commission\PC Minutes\mnl2- 06- 07.htm 01/02/2008
NOTICE OF PUBLIC HEARING
919 Bayside Drive
Planned Community Text Amendment No. 2007 -004 and
Amendment to Newport Tract Map No. 2004 -001 (PA2007 -166)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a
public hearing on the application of UGS Development Inc, on behalf of Mira Mesa Shopping
Center LLC, property owner, for Planned Community Text Amendment No. 2007 -004 and
amendments to Newport Tract Map No. 2004 -001 (Tentative Tract Map 15323) for property
located at 919 Bayside Drive. The property is located in the PC -55 District.
The applicant requests to amend the Bayside Residential Planned Community District
Development Regulations (Planned Community Text No. 55) and associated 17 -lot, single -unit
detached residential tract map (Newport Tract Map No. 2004 -001). The changes are requested
in order to comply with the conditions of approval of the Coastal Development Permit for the
-project. Other changes to the planned community text are also proposed to simplify the
administration of the planned community development regulations.
NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the
proposed project have been addressed in a previously certified environmental document, and
that the City of Newport Beach intends to use said document for the above noted project, and
further that there are no additional reasonable alternatives or mitigation measures that should
be considered in conjunction with said project. Copies of the previously prepared environmental
document are available for public review and inspection at the Planning Department, City of
Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (949) 644-
3200.
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 8.
2008, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300
Newport Boulevard, Newport Beach, California, at which time and place any and all persons
interested may appear and be heard thereon. If you challenge this project in court, you may be
limited to raising only those issues you or someone else raised at the public hearing described
in this notice or in written correspondence delivered to the City at, or prior to, the public hearing.
For information call (949) 644 -3200.
.PQ( Ca 4n . H rkl ss, ' Clerk
j City of port ach
NOTE: The expense of this notice is paid from a filing fee collected from the applicant.
Impression antlbourrage et a spchage rapide www "ry com
6tilisaz la gabarit 51600 1,80060 -AVERY
Mira Mesa Shopping Center LLC
8294 Mira Mesa Blvd
San Diego, CA 92126
Mira Mesa Shopping Center LLC
8294 Mira Mesa Blvd
San Diego, CA 92126
Bayside Cove Homeowners Assn.
23726 Birtcher Dr
Lake Forest, CA 92630
Bayside Cove Homeowners Assn.
23726 Birtcher Dr
Lake Forest, CA 92630
i :
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Government Solutions, Inc.
Carol McDermott
230 Newport Center Dr., Ste 210
Newport Beach, CA 92660
Government Solutions, Inc.
Carol McDermott
230 Newport Center Dr., Ste 210
Newport Beach, CA 92660
Beacon Bay Community Assoc.
Attn: Milt Bower
70 Beacon Bay
Newport Beach, CA 92660
Beacon Bay Community Assoc.
Attn: Milt Bower
70 Beacon Bay
Newport Beach, CA 92660
A113AV-OD-0084
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UGS Development, Inc
537 Newport Center Dr, #380
Newport Beach, CA 92660
UGS Development, Inc
537 Newport Center Dr, #380
Newport Beach, CA 92660
Promontory Bay Community Assoc.
Villageway Management Company
PO Box 4708
Irvine, CA 92616
Promontory Bay Community Assoc.
Villageway Management Company
PO Box 4708
Irvine, CA 92616
PA2007 -166 for PD2007 -004 & SA2007 -011
919 Bayside Orive
DATE OF MEETING: -
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Use Avery® TEMPLATE 51600
050- 083 -01
GEORGE N CARMACK
1564 N COLUMBUS AVE
GLENDALE CA
91202 -1203
050- 083 -26
ZIMMERMAN
327 SAPPHIRE AVE
NEWPORT BEACH CA
92662 -1146
050 - 083-29
SHARON BALFOUR
805 N BAYFRONT
NEWPORT BEACH CA
92662 -1138
A 1111 See Instruction Sheet 1 i
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050-083 -24 050-083-2.5
RICHARD M & LORI WILLIAMS JOHN COOPER
1 TORREY PINES LN 23121 OSTRONIC DR
NEWPORT BEACH CA WOODLAND HILLS CA
9266o-5138 91367-6145
050- 132 -02
GREGORY A & JACLYN JOHNSON
4256 LANKERSHIM BLVD
NORTH HOLLYWOOD CA
91602 -2742
050- 132 -05
PATRICIA A BORLAND
PO BOA 8772
NEWPORT BEACH CA
92658 -8772
050-383-o6
IRVINE CO
1o99 BAYSIDE DR
NEWPORT BEACH CA
92660 -7418
050 - 431 -21
HOWARD CHASTAIN
PO BOA 1565
CORONA CA
92878 -1565
050 -g31-
CTTYOF BEACH
3300 BLVD
EACH CA
92 63- 16
050- 441-07
IRVINE CO
. 1371 OAKLAND BLVD 200
WALNUT CREEK CA
94596 -8408
1050- 442-04
IRVINE �
550 CENTER DR
T EACH CA
92660-7 1
050 - 083 -27
DOUGLAS KNEUBUHL
811 N BAYFRONT
NEWPORT BEACH CA
92662 -1138
050 - 083 -30
PATRICIA L HURRAY
17o4 S BAYFRONT
NEWPORT BEACH CA
92662 -1344
050 - 132 -03
GEORGE & P HARWOOD
4256LANKERSHIM BLVD
NORTH HOLLYWOOD CA
91602 -2742
050-383 -03
RESIDENTIAL REALTY FUND LLC
1 UPPER NEWPORT PI Z
NEWPORT BEACH CA
9266o -2630
050-383-07
IRVINE
550 CENTER DR
NE EACH CA
9266o-7o11
050- 431-22
FRANCES J PEDLEY
836 HARBOR ISLAND DR
NEWPORT BEACH CA
92660 -7228
:050- 431 -25
CTTY OF PREACH RT BEACH
3300 T BLVD
CA
92663 -3
I0R5V0- 4RXT= 1
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55
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050 -442 -0
IRVINE
PO BO 1952
.92623 -9 8
o50- o83 -28
ARNOLD WINNER
137 S ROBERTSON BLVD 122
BEVERLY HILLS CA
90211 -2801
050-132 -01
BARBARA H SMITH
2020 TUSTIN AVE
NEWPORT BEACH CA
92660 -3638
050-132-04
HADYNE A FOSTER
903 N BAYFRONT
NEWPORT BEACH CA
92662 -1137
050-383-04
IRVINE CO
55o NEWPORT CENTER DR
NEWPORT BEACH CA
;9266o -7o11
050-431 -20
WILLIAM J KENNEY
824 HARBOR ISLAND DR
NEWPORT BEACH CA
9266o -7228
:050-431-23
BRENDA J HUIE
842 HARBOR ISLAND DR
NEWPORT BEACH CA
9266o -7228
o50-431-26
CTTYOF e TBEACH
3300 LVD
CA
92663 -3 6
050-441 -09
IRVINE CO
55o RT DR
CA
92660 -70
934-32 -001
CAROL E VL4.NI
1023 E BAYSIDE CV 1o1
NEWPORT BEACH CA
;92660.7425
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934-32-002
JACKIE PENNEY
1025 E BAYSIDE CV 102
NEWPORT BEACH CA
9266o -7425
934-32-005
GREGORY L HARDKE
84 OLD COURSE DR
NEWPORT BEACH CA
92660 -4272
934- 32-oo8
OLLIE N HELL
995 W BAYSIDE CV 202
NEWPORT BEACH CA
92660 -7421
934-32 -003
JAMES L MOORE
1027 E BAYSIDE CV 103
NEWPORT BEACH CA
9266o-7426
934- 32-oo6
KARIN L GODFREY
1o33 E BAYSIDE CV 1o6
NEWPORT BEACH CA
92660 -7403
934-32-009
SCOTT D GUEN3 TIER
g93 W BAYSIDE CV 203
NEWPORT BEACH CA
9266o-74n
934 - 32-011 :934-32-012
DENNIS R FRATT BETTY HAWKINS
1005 E WAYSIDE CV 301 1003 E BAYSIDE CV 302
NEWPORT BEACH CA NEWPORT BEACH CA
92660 -7422 92660-7422
934 -32 -014
934- 32-015
LEO MILLER
HELENE WINOGURA
2121 CENTURY WOODS WAY
'1013 E BAYSIDE CV 305
LOS ANGELES CA
NEWPORT BEACH CA
90067 -6303
9266o -7423
934 -32-017
934- 32-018
PCF INVESTMENTS LLC
PENTZ
20320 SW BIRCH ST loo
1ol5 E BAYSIDE CV 3o8
NEWPORT BEACH CA
NEWPORT BEACH CA
92660- 1788
.92660-7423
934 32 -020
934- 32-021
GIL M WAYNE
SPANLEYA & N JACOBS
1o19 E BAYSIDE CV 310
116 COLUMBIA DR
NEWPORT BEACH CA
RANCHO MIRAGE CA
:9266o-7423
92270
934 32 -023
934-32-024
PATRICIA A ROZAK
ALAN L LEWIS
985 W BAYSIDE CV 403
983 W WAYSIDE CV 404
NEWPORT BEACH CA
NEWPORT BEACH CA
92660 -7420
92660 -742o
934-32 -026
'934- 32-027
MYRNA GROVER- TALLMAN
DENNIS D MARQUARDT
977 W WAYSIDE CV 406
979 W BAYSIDE CV 407
'NEWPORT BEACH CA
NEWPORT BEACH CA
92660 -7419
9266o -742o
'934 -32 -029
934- 32-030
JOHN H MERI ELL
'. STEVE MANLEY
> 625 DE SALES SP
:5686 WHPPEWATER ST
SAN GABRIEL CA
YORBA LINDA CA
91775 -2137
92887 -3736
934-32-004
WALTER M LYNCH
1o29 E BAYSIDE CV 104
NEWPORT BEACH CA
.9266o-7426
934-32-007
LEECSHANNON
997 W BAYSIDE CV 201
NEWPORT BEACH CA
92660 -7421
934 -32 -010
JUNE LINKON
991 W BAYSIDE CV 204
NEWPORT BEACH CA
92660-7404
:934-32 -013
DONNAJANDERSON
1ou E BAYSIDE CV 303
NEWPORT BEACH CA
.9266o-7422
934- 32-o16
R()[`IiELLE & LOUIS COHEN
19528 VENTURA BLVD 330
TARZANA CA
91356 -2917
934-32-019
TOBEY
PO BOX 765
CORONA DEL MAR CA
92625 -0765
934-32-022
JOHN ROMM
725 N SIERRA DR
BEVERLY HILTS CA
:90210 -3523
.934- 32-025
PAULINE L JOHNSON
981 W BAYSIDE CV 405
NEWPORT BEACH CA
9266o -7420
934- 32-028
I ESAi1AK
975 W BAYSIDE CV 408
NEWPORT BEACH CA
9266017419
1934-32 -031
JEAN M OHARA
29 CHELSEA PT
DANA POINT CA
92629-2750
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CURTIS A ELLMORE
1008 E BAYSIDE CV 502
NEWPORT BEACH CA
92660 -7422
934 - 32-035
THOMAS E DIENER
1012 E BAYSIDE CV 505
NEWPORT BEACH CA
92660-7422
934 - 32-038
MANN
1020 E BAYSIDE CV 508
'NEWPORT BEACH CA
92660 -7424
.934- 32-041
WENDY L BELL
1026 E BAYSIDE CV 5u
NEWPORT BEACH CA
92660 -7425
934-32-044
KEITH ARNOLD
982 W BAYSIDE CV 602
NEWPORT BEACH CA
9266o-7420
934- 32-047
EDITH M FARRELL
1321 BAYSIDE DR
. CORONA DEL MAR CA
92625 -1707
934- 32-050
CHARLES M TACHDJIAN
3761 WILLIAMS AVE
LA VERNE CA
..91750 -3126
934- 32-053
JUDE HAMMOND
994 W BAYSIDE CV 6ii
NEWPORT BEACH CA
9266o�4n
934- 32-056
ALLEN W KIESELHORST
15 MONACO
NEWPORT BEACH CA
9266o-6820
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934 - 32-033
934 - 32-034
TAMARALEE COX
REGINALD M JACKSON
1032 E BAYSIDE CV 503
50o VAT— xNZUELA RD
NEWPORT BEACH CA
CARMEL CA
92660 -7403
93923 -9439
934-32-036
934 -32 -037
DENISIINABA
DOVER 2005
1016 E BAYSIDE CV 506
14999 AVENIDA ANITA
NEWPORT BEACH CA
CHINO HILLS CA
92660-7424
91709 -6229
:934 - 32-039
934- 32-040
CARTHY & LORRAINE WOOD -MC
JOAN HARRIS
1018 E BAYSIDE CV 509
PO BOX 362
NEWPORT BEACH CA
CORONA DEL MAR CA
92660 -7424
92625 -0362
934- 32-042
934- 32-043
ERNIE G DUNLEVIE
THOMAS E ADDIS
79555 SAINT MARGARETS BAY
315 W CIAYTON AVE
BERMUDA DUNES CA
COEUR D ALENE ID
92203 -1712
83815 -9293
934 -32 045
934-32 -046
WOODROW W DEWITT
RICHARD B DICKSON
:986 W BAYSIDE CV 603
98o W BAYSIDE CV 604
NEWPORT BEACH CA
NEWPORT BEACH CA
92660-7404
92660 -7404
934- 32-048
934-32-049
HEADED REINFORCEMENT CORP
JOHN S PERRONE
11200 CONDOR AVE
1818 PRINCE ALBERT DR
FOUNTAIN VALLEY CA
RIVERSIDE CA
92708 -6106
92507-5897
934- 32-051
PATRICKJ DIRK
990 W BAYSIDE CV 609
NEWPORT BEACH CA
92660-7404
934- 32-054
wnj iAM WHITE
PO BOX 50280
IRVINE CA
92619 -0280
934- 32-057
NIKOLAUS O KIAM
998 W BAYSIDE CV 801
NEWPORT BEACH CA
92660 -7421
934-32-052
KNUD H & S IIULEY OLSEN
972 W WAYSIDE CV 610
NEWPORT BEACH CA
.92660 -7419
934-32 -055
MARY KREBS
1028 E BAYSIDE CV 701
NEWPORT BEACH CA
92660 -7426
934-32 -058
ALP COMMUNICATIONS
INTERACTIVE
94 BINSCARTH RD
CANADA
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PUBLIC HEARING
919 Bayside Drive
Planned Community Text Amendment No. 2007 -004 and
Amendment to Newport Tract Map No. 2004 -001 (PA2007 -166)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of UGS
Development Inc, on behalf of Mira Mesa Shopping Center LLC, property owner, for Planned Community Text Amendment No. 2007-
004 and amendments to Newport Tract Map No. 2004 -001 (Tentative Tract Map 15323) for property located at 919 Bayside Drive.
The property is located in the PC -55 District.
The applicant requests to amend the Bayside Residential Planned Community District Development Regulations (Planned Community
Text No. 55) and associated 174ot, single -unit detached residential tract map (Newport Tract Map No. 2004 -001). The changes are
requested in order to comply with the conditions of approval of the Coastal Development Permit for the project. Other changes to the
planned community text are also proposed to simplify the administration of the planned community development regulations.
NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the proposed project have been addressed in
a previously certified environmental document, and that the City of Newport Beach intends to use said document for the above noted
project, and further that there are no additional reasonable alternatives or mitigation measures that should be considered in
conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection
at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915
(949) 644 -3200.
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 8. 2008, at the hour of 7:00 p.m. in the
Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any
and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this not or in written correspondence delivered to the
City at, or prior to, the public hearing. For information call (949) 644 -3200.
onne M. Harkless, City Clerk
City of Newport Beach
NOTE: The expense of this notice is paid from a filing fee collected from the applicant
PUBLIC HEARING
919 Bayside Drive
Planned Community Text Amendment No. 2007 -004 and
Amendment to Newport Tract Map No. 2004 -001 (PA2007 -166)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of UGS
Development Inc, on behalf of Mira Mesa Shopping Center LLC, property owner, for Planned Community Text Amendment No. 2007-
004 and amendments to Newport Tract Map No. 2004 -001 (Tentative Tract Map 15323) for property located at 919 Bayside Drive.
The property is located in the PG-55 District.
The applicant requests to amend the Bayside Residential Planned Community District Development Regulations (Planned Community
Text No. 55) and associated 17 -lot, single -unit detached residential tract map (Newport Tract Map No. 2004 -001). The changes are
requested in order to comply with the conditions of approval of the Coastal Development Permit for the project. Other changes to the
planned community text are also proposed to simplify the administration of the planned community development regulations.
NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the proposed project have been addressed in
a previously certified environmental document, and that the City of Newport Beach intends to use said document for the above noted
project, and further that there are no additional reasonable alternatives or mitigation measures that should be considered in
conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection
at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915
(949) 644 -3200.
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 8, 2008, at the hour of 7:00 a.m. in the
Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any
and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only
those issues you or someone ease raised at the public hearing described s no' a o in wrtten correspondence delivered to the
City at, or prior to, the public hearing. For information call (949) 644 -3200. aarrkless, CRY-Clerk
City of Newport Beach
NOTE: The expense of this notice is oaid from a filina fee collected from the applicant
PUBLIC HEARING
919 Bayside Drive
Planned Community Text Amendment No. 2007 -004 and
Amendment to Newport Tract Map No. 2004-001 (PA2007 -168)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of UGS
Development Inc, on behalf of Mira Mesa Shopping Center LLC, property owner, for Planned Community Text Amendment No. 2007-
004 and amendments to Newport Tract Map No. 2004-001 (Tentative Tract Map 15323) for property located at 919 Bayside Drive.
The property is located in the PC-55 District.
The applicant requests to amend the Bayside Residential Planned Community District Development Regulations (Planned Community
Text No. 55) and associated 17 -lot, single -unit detached residential tract map (Newport Tract Map No. 2004-001). The changes are
requested in order to comply with the conditions of approval of the Coastal Development Permit for the project. Other changes to the
planned community text are also proposed to simplify the administration of the planned community development regulations.
NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the proposed project have been addressed in
a previously certified environmental document, and that the City of Newport Beach intends to use said document for the above noted
project, and further that there are no additional reasonable aRematives or mitigation measures that should be considered in
conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection
at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915
(949) 644 -3200.
NOTICE. IS HEREBY FURTHER GIVEN. that said public hearing will be held on January 8. 2008, at the hour of 7:00 p.m. in the
Council Chambers of the Newport Beach City Hail, 3300 Newport Boulevard, Newport Beach, California, at which time and place any
and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this no a or in written correspondence delivered to the
City at or prior to, the public hearing. For information call (949) 6443200.
�(XWoniii . Harkless, City -Clark
City of Newport Beach
NOTE: The expense of this notice is paid from a filina fee collected from the applicant
AFFIDAVIT OF POSTING
On � LIIa p . 2007, I posted the Notice of Public Hearing
regarding:
919 Bayside Drive
Planned Community Text Amendment No. 2007 -004 and
Amendment to Newport Tract Map No. 2004-001 (PA2007 -166)
Date of Hearing: January 8, 2008
Authorized to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County, California. Number A -6214,
September 29, 1961, and A -24831 June 11, 1963,
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
December 29, 2007
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on January 09, 2008 at
Costa Mesa, California.
J —Ve / `
Signature
RC, IN I! —D
I ,-_.
2T JA'1 15 Ali ? 26
NOTICE OF PUBLIC HEARING
919 Boyside Drive
Planned Community Text
Amendment No. 2007 -004
and
Amendment to Newport
Tfad Map No. 2004 -001
TA2007.166�
NOTICE IS HEREB GIV-
EN that the City Council
of the City of Newport
Beach will hold a public
Ilan of UGS Development
Inc, on behalf of Mira
Mesa Shopping Center
LLC, property owner, for
Planned Community
Tent Amendment No
2007 -004 and
Tract Map No. 2004 -001
(Tentative Tract Mal
15323) for property to
sated at 919 Baysidt
Drive. The ,property i!
located in the PC -55 Dis
trict.
The applicant requesh
to amend the Baysidr
Residential Planner
Community District De
Text (Planned a
No 55) and asso�
slated 17 -lot, single -unr
detached residentla
tract map ( Newpor
Tract Map No. 2004
001). The changes an
requested in order it
comply with the can
ditions of approval o
the Coastal Developmen
Permit for the project
Other changes to thi
planned community text
are also proposed to
simplify the administra-
tion of the planned com-
munity development reg-
ulations.
NOTICE IS HEREBY FUR-
THER GIVEN that all
significant environmen.
tal conceres for the pro.
posed project have been
addressed in a pre-
viously certified environ.
mental document, and
that the City of Newport
Beach intends to use
said document for the
above noted project, and
further that there are no
additional reasonable al-
ternatives or mitigation
measures that should be
considered in conjunc.
tion with said project.
Copies of the previously
prepared environmental
document are available
for public review end
inspection at the Plan-
ning Department, City of
Newport Beach, 3300
Newnnrt Boulevard.
NOTICE IS HEREBY FUR-
THER GIVEN that said
Rublic hearing will be
aid on January 8,
2008, at the hour of
7A0 .m. In the Council
Chambers of the New -
330 Beach
0 Newport ty Boule-
vard, Newport Beach,
California. at which time
and place any and all
appear ppear and be interested h and
thereon. If you challen
this project in court, you
may be limited to raising
only those Issues you or
someone else raised at
the public hearing de-
scribed in this notice or
In written corre-
spondence.delivered to
the City at or prior to,
the public hearing. For
information call (949)
644.3200.
LaVonne M. Harkless,
City Clerk
City of Newport Beach
NOTE, The expense of
this notice is paid from
a filing fee collected
from the applicant.