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HomeMy WebLinkAbout19 - 19 -Tract Map No 17355 - 1691 San Miguel Drive�EwvoRr CITY OF °� ms NEWPORT BEACH CqF00.HP City Council Staff Report Agenda Item No. 19 September 13, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Rodi Almendralo, Associate Civil Engineer APPROVED: TITLE: Final Tract Map No 17355 — 1691 San Miguel Drive ABSTRACT: Should the City Council approve Final Tract Map No. 17355 for a six -lot subdivision to construct four single - family residential units at a property located at 1691 San Miguel Drive? RECOMMENDATION: Review and approve Final Tract Map No. 17355 for a six -lot subdivision located at 1691 San Miguel Drive (Attachment "A ") pursuant to Section 19.60.010 of the Municipal Code. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Manning Homes is proposing to subdivide a property located at 1691 San Miguel Drive to construct four single - family residential properties. The property is surrounded by San Miguel Drive to the south, the Baywood Apartments to the north and west and the Harbor View Nature Park to the east. The site was a former day -care center. This development will contain a total of six lots, four lots for single - family residential units, Lot "A" for a private street, and Lot "B: for an open space lot. The developer will be dedicating a Public Utility Easement over Lots "A" and "B" to allow for utilities to serve the development. The City will be serving water to this development. Sewer and Final Tract Map No 17355 — 1691 San Miguel Drive September 13, 2011 Page 2 storm drain will be served by a private connection to the Baywood Apartments through a private easement with the Irvine Company. Tentative Tract Map No 17355 for the proposed development was approved at a Planning Commission meeting on September 9, 2010. (Planning Commission Resolution No. 1822 - Attachment "B ") Per Section 19.60.010 of the Municipal Code, the City Council shall review final tract maps. The final tract map does conform to the applicable tentative tract map and its conditions of approval. The map also conforms to all the requirements of the Subdivision Map Act and the City subdivision regulations. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15332 (In -Fill Development) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: ,ien c3aaum c Works Director ments: A. Final Tract Map No. 17355 B. Planning Commission Resolution No. 1822 C. Attachment "C" SHEET 1 OF 3 ALL OF TENTATIVE TR 0.745 ACRES GROSS 4 NUMBERED LOTS 2 LETTERED LOTS DATE OF SURVEY: NC NT 2010 -001 OWNER'S E WE, THE UNDO COVERED BY SAID MAP, AS WE HEREBY C SHOWN HERE( WE ALSO HER ACCESS RIGHT WE HEREBY R AND LOT OWN WE ALSO HER FOR OURSELVI VIE ALSO HER FOR DRAINAGE THIS TRACT. WE ALSO HER LOT OWNERS Wn WE ALSO HERBS AND ACCESS EA: SUCCESSORS, AE MIGUEL VENTI BY: WATER MILL C. MAP 17355 TRACT MAP N0, 17355 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA 2010 BEING A SUBDIVISION OF PARCEL 2, AS SHOWN BY MAP FILED IN BOOK 45, PAGE 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA MENT MDS CONSULTING NOVEMBER, 2010 STANLEY C. MORSE L.S. 3640 NED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF VN WITHIN THE DISTINCTIVE BORDER LINE, TE TO THE PUBLIC A PUBLIC UTILTIY EASEMENT OVER LOTS "A" AND "B" AS 3E. AND RELINQUISH TO THE CITY OF NEWPORT BEACH ALL VEHICULAR MIGUEL DRIVE, EXCEPT AT THE STREET INTERSECTION ,SHOWN HEREON. F "A" AS A PRIVATE STREET FOR OURSELVES, SUCCESSORS, ASSIGNEES THIS TRACT. JE LOT "B" FOR OPEN SPACE AND LANDSCAPE MAINTENANCE PURPOSES ;SORS, ASSIGNEES AND LOT OWNERS WITH THIS TRACT. JE THE EASEMENTS SHOWN HEREON AS "PRIVATE STORM DRAIN EASEMENT" ; FOR OURSELVES, SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN 'VE THE EASEMENTS SHOWN HEREON AS "PRIVATE SANITARY SEVIER. Y SEVIER PURPOSES FOR OURSELVES, SUCCESSORS, ASSIGNEES AN D S TRACT. ;VIE THE EASEMENTS SHOWN HEREON AS -PRIVATE LANDSCAPE MAINTENANCE FOR LANDSCAPE MAINTENANCE AND ACCESS PURPOSES FOR OURSELVES, AND LOT OWNERS WITHIN THIS TRACT. LLC, OWNER, A CALIFORNIA LIMITED UABILDY COMPANY' INC., A CALIFORNIA CORPORATION, ITS MANAGER THE IRVINE COMPANY LLC, A DELAWARE LIMITED LIABILITY COMPANY, HOLDER OF A RIGHT OF FIRST REFUSAL PER INSTRUMENT NO. 2011000048069, O.R., RECORDED JANUARY 26, 2011; BENEFICIARY UNDER DEED OF TRUST ECORDED JANUARY 26, 2011 AS INSTRUMENT NO. 2011000 8070, O.R. BY: I BY: NAME: J, 9pVflp �N�a NAME- AM /E y HiDA TITLE: VIA `LM.__3 TFTL. ASSISTANT SEGRET.1Fy THE BELCOURT INVESTMENTS, INC., A CALIFORNIA CORPORATION, BENEFICIARY UNDER DEED OF TRUST RECORDED JANUARY 26, 2011 AS INSTRUMENT NO, 2011000048073, D.R. NAME: TITLE: NOTARY ACKNOWLEDGMENT STATE OF CAUFORNk COUNTY OF nY'O"Y1aeJ 55 ON 301y 18162011 , BEFORE ME, LoY'c%('OL C L\O�nlnoh A NOTARY PUBUC, PERSONALLY APPEARED 6.Met C M.", . WHO PROVED TO M ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(-,) IS /ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE /SH&/ -Til! EXECUTED Attachment "A" ACCEPTED AND FILED AT THE REQUEST OF TIME FEE g INSTRUMENT if BOOK PAGE TOM DALY COUNTY-CLERK RECORDER BY: SURVEYOR'S STATEMENT DEPUTY THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION' MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF MANNING HOMES ON OCTOBER, 2010. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, (OR THAT THEY WILL BE SET IN SUCH POSITIONS) AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS To THE CONDITIONALLY APPROVED TENTATIVE MAP. LAND ,ze4� BEY c.�SG94 DATE: -7-14- 2011 j NQO pqm o STA LEY C. MORS L.S. 3640 EXP. 6/30/74 qTP �'CAUF CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP, IF REQUIRED, AS FILED WITH, AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROASIONSOF THE SUBDMSION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH AND THAT THE MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT STATED TO BY THE COUNTY SURVEYOR. DATED THIS DAY OF , 2011, WESLEY E. WITTMEYER, CITY SURVEYOR CITY OF NEWPORT BEACH P.L.S. 6879 EXPIRATION DATE 9 -30 -2012 COUNTY SURVEYOR'S STATEMENT I HEREBY STATE THAT 1 HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. DATED THIS DAY OF , 2011. RAYMOND L. MATHE, COUNTY SURVEYOR L.S. 6165 EXPIRATION DATE 3 -31 -2012 CITY CLERK'S STATEMENT STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH THE SAME IN HIS HER AUTHORIZED CAPACITY(4S), AND THAT BY HIS /HER,4i ER SIGNATURE(S) ON THE PURSUANT TO SECTION 19.60.010 OF THE SUBDIVISION CODE, AND PURSUANT TO THE PROVISIONS INSTRUMENT THE PERSON (S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(G) ACTED, EXECUTED THE OF SECTION 66436(a)(3)(4) OF THE SUBDIVISION MAP ACT,'LHEREBY CERTIFY THAT THIS MAP INSTRUMENT. I WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AT A REGULAR MEETING THEREOF HELD ON AND THAT I CERTIFY UNDER, PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE THEREUPON SAID COUNCIL DID, BY AN ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP FOREGOIN A IS TRUE AND CORRECT. AND DID ACCEPT ON BEHALF OF THE PUBLIC, THE DEDICATION LOTS "A" AND 'B" FOR PUBLIC - UTILITY PURPOSES, AND DID ALSO ACCEPT ALL VEHICULAR ACCESS RIGHTS TO SAN MIGUEL DRIVE AIN WITNESS MY HAND D OFFICIAL SEAL: AS DEDICATED HEREON. MY PRINCIPAL PLACE OF BUSINESS ]SIN COUNTY AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436 (o)(3)(A) ARY PUBLIC IN AIND FOR SAID 1 � \, MY COMMISSION EXPIRES S411UPrJ 1�j, ZDly PRINT NAME Lx ,4:TtQ OF THE SUBDIVISION MAP ACT. " Q',Ommiws on no. ig� %(o�az I DATED THIS DAY OF 2011. NOTARY ACKNOWLEDGMENT ,. STATE OF CALIFORNIt ) " SS gy: COUNTY OF \N? a�y.c ) LEILANI I. BROWN, DEPUTY CITY CLERK, CITY OF NEWPORT BEACH ON �4 O BEFORE ME, S]canrn ; �Ra�.1eu A NOTARY P BLIU C PEA OwyLY APPEARED . T�1• p C-+- nl.e u A o os4+tA COUNTY TREASURER -TAX COLLECTOR'S CERTIFICATE WHO PROVED TO Mg ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, THERE ARE NO LIENS ,49 /ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO LIE THAT HE}44E/YHEY EXECUTED AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY, THE SAME IN /THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HAj41ER/THEIR SIGNATURE(S) ON THE MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR INSTRUMENT THE PE(2SON(S), OR THE ENTRY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. INSTRUMENT. AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUB - I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNIA THAT THE DIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF FOG AD K IS TRUE AND CORRECT. TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP, W HA OFFICIAL SEAL MY PRINCIPAL PLACE OF BUSINESS IS IN DATED THIS DAY OF 2011. oil pN L e COUNTY NOTARY PUBLIC IN AN FOR SAD STATE MY COMMISSION EXPIRES -1•f'%• I PRINT NAME, .» 1�• .30.1a C1��.n CuHhisl,o,., Ao, 1QOb4'II SHARI L FREIDENRICH COUNTY TREASURER -TAX COLLECTOR BY.. TRE4SURER -TAX COLLECTOR NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA PURPOSE STATEMENT: SS THE PURPOSE OF THIS MAP IS TO SUBDIVIDE ONE EXISTING PARCEL INTO FOUR (4) COUNTY OF DRANGE NUMBERED LOTS FOR RESIDENTIAL PURPOSES, ONE LETTERED LOT FOR STREET PURPOSES, AND ONE LETTERED LOT FOR LANDSCAPING AND PUBUC UTILITY PURPOSES. ON .y"L'y II41 2,011 , BEFORE ME, ICA i(Y RA- NDDLPM SIGNATURE OMISSIONS: A NOTARY PUBLIC, PERSONALLY APPEARED ?AM55 NA. YrM.2's PURSUANT TO THE PROVISIONS OF SECTION 66436 (0)(3)(A) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(6) WHOSE NAME(&) IS /ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE /SHE /TIE+ EXECUTED THE COUNTY OF ORANGE, HOLDER OF AN EASEMENT FOR AVIGATION PURPOSES PER DEED AN N E THE SAME IN HIS/ AUTHORIZED CAPACITY(1E&), AND THAT BY HIS /H€R/14PR SIGNATURE(&) ON THE RECORDED MARCH 1964 IN BOOK PAGE 721 OF OFFICIAL RECORDS. INSTRUMENT THE PERSON( &), OR THE ENTITY UPON BEHALF OF WHICH THE PERSDN(S) ACTED, EXECUTED THE INSTRUMENT. THE CITY OF NEWPORT BEACH, HOLDER OF AN EASEMENT FOR STREET, HIGHWAY AND INCIDENTAL PURPOSES RECORDED OCTOBER 20, 1971 IN BOOK 9855, PAGE 365 OF I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNK THAT THE OFFICIAL RECORDS. FOREGOING PARAGRAPH IS TRUE AND CORRECT. THE CITY OF NEWPORT BEACH, HOLDER OF AN EASEMENT FOR PUBLIC UTJI.TIY, PEDESTRIAN WITNESS MY HAND AND OFFICIAL SEAL ACCESS AND INCIDENTAL PURPOSES RECORDED APRIL 20, 1973 IN BOOK 10655, PAGE 358 f}, MY PRINCIPAL PLACE OF BUSINESS IS IN OF OFFICIAL RECORDS. M1� n,enucc COUNTY THE IRVINE COMPANY, A DELAWARE UMITED LIABILITY COMPANY, HOLDER OF AN EASEMENT FOR NOTAA Y PUBLIC IN AND FOR SAID STATE MY COMMISSION EXPIRES F96. T,, ZO /Z ACCESS, ELECTRIC, GAS, CABLE, TELEPHONE, COMMUNICATION, WATER, SEWER, DRAINAGE, CONDUFF PRINT NAME � NV I'zA60&PAd e0WI11551041 tJD• 178991 2- AND OTHER FACILITIES AND SYSTEMS PURPOSES RECORDED JANUARY 26, 2011 AS INSTRUMENT NO. 2011000048068, O.R. SAID EASEMENTS ARE BLANKET IN NATURE I: \4msa\vvp1NG \m i7m -m 3A0/2m SHEET 2 OF 3 SHEETS TRACT MAP N 0. 17355 ALL OF TENTATIVE OT MAP 1,7355 0.745 ACRES GROSS NUMBERED LOTS 2 LETTERED LOTS IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA 2 DATE OF SURVEY: NO 2010 BEING A SUBDIVISION OF PARCEL 2, AS SHOWN BY MAP � FILED IN BOOK 45, PAGE 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA MDS CONSULTING NOVEMBER, 2010 STANLEY C. MORSE L.S. 3640 SURVEYORS NOTES BASIS OF BEARINGS ( ) INDICATES RECORD -'AND MEASURED DATA PER PM 84 -705, PMB 189/6 -16, UNLESS OTHERWISE THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN O.C.S. HORIZONTAL NOTED. CONTROL STATION CPS No. 6271 AND STATION GPS No. 6276 BEING NORTH 6T41'25" EAST [ ] INDICATE RECORD AND MEASURED DATA PER PMB 45/10, UNLESS OTHERWISE NOTED. PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. (( )) INDICATES RECORD AND MEASURED DATA PER PMB 52/22, UNLESS OTHERWISE NOTED. [[ ]] INDICATEI RECORD DATA PER TR 9260, MM 378/32 -37 DATUM STATEMENT 111 INDICATI ACCESS RIGHTS RELCUISHEO TO CITY OF NEWPORT BEACH COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, 1983 NAD, (1991.35 EPOCH OCS GPS ADJUSTMENT). MONUMENT NOTES ALL DISTANCES SHOWN ARE GROUND, UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES • INDICAT FOUND MONUMENT AS NOTED. MULTIPLY GROUND DISTANCES BY 0.99995863. O INDICAT SET SPIKE & WASHER STAMPED L.S. 3640, FLUSH, UNLESS OTHERWISE NOTED. I- IRON PIPE IN CONCRETE, ORBBSPIKE W/WA HE R, 13. STAMPED 3640', "L.SR 3640 " &IN BRASS ASPHALT, TAG, TOSTAMPED SET AT ALL4L0T EASEMENT NOTES CORNERS ER SURVEYORS STATEMENT. C EASEMENT IN FAVOR OF THE COUNTY OF ORANGE FOR AVIGATION RIGHTS PER DEED Qi DOE GPS No. 6276, FD. PUNCHED 2" BRASS CAP IN WELL MONUMENT PER RECORDS ON RECORDED MARCH 17, 1964, BOOK 6965, PAGE 721 OF OFFICIAL RECORDS. FILE IN T E OFFICE OF THE ORANGE COUNTY SURVEYOR, AND P.M.B. 189 /6 -16. SAID EASEMENT IS BLANKET IN NATURE. NORTHIN = 2170114.882, EASTING= 6069883.841 O EASEMENT IN FAVOR OF THE CITY OF NEWPORT BEACH FOR PUBUC UTILITY, PEDESTRIAN O2 OCS GPS No. 6271, FD. PUNCHED 2" BRASS CAP IN WELL MONUMENT PER RECORDS ON ACCESS AND INCIDENTAL PURPOSES RECORDED APRIL 20, 1973, BOOK 10655, PAGE 358 FILE IN E OFFICE OF THE ORANGE COUNTY SURVEYOR, AND TRACT 9260, MM 378/32 -37. OF OFFICIAL RECORDS. NORTHIN - 2171189,. 499, FASTING = 6072502.780 3O EASEMENT IN FAVOR OF THE CITY OF NEWPORT BEACH FOR STREET AND HIGHWAY Q FD. 2" I.., LS 3109, PER PMB 189 /6 -16. FLUSH. ACC. AS B.C. PURPOSES RECORDED OCTOBER 20, 1971, BOOK 9855, PAGE 365 OF OFFICIAL ® FD. 2" I.., RCE 13703, NO REF., ACC. AS E.C. PER MM 518/16 -17, ON. 1,3' RECORDS. 5 FD. 2" I.., LS 3109, NO REF., DN. 1.0', A INDICATES A PUBLIC UTILTIY EASEMENT AS DEDICATED TO THE PUBLIC, COVERING LOT "A" AS DEDICATED HEREON. © F0. 2" I.., RCE 13703, PER MM 518/16 -17, ON. 0.4'. AS INDICATES AN EASEMENT FOR OPEN SPACE, LANDSCAPE MAINTENANCE AND PUBLIC UTILITY 07 FD. 2" B ASS DISK' NO REF., FLUSH, ACC. AS BC PER PMB 189/6 -16. PURPOSES, COVERING LOT "B" AS RESERVED HEREON, 09 FD. LEAD & TAG, LS 3109, IN SIDEWALK, ACC. AS SW CORNER, PAR. 2 © INDICATES PRIVATE STORM DRAIN EASEMENTS AS RESERVED HEREON. PER PMB 189/6 -16. 10 FD. 1" I.., LS 3109, PER PMB 189/6 -16, ON. 2.4' pp INDICATES PRIVATE SANITARY SEWER EASEMENT AS RESERVED HEREON. 11 FD. 1" I.., US 3109, PER PMB 189/6 -6, ON. 2.0' Q INDICATES PRIVATE LANDSCAPE MAINTENANCE AND ACCESS EASEMENTS AS RESERVED HEREON. O2 FD. 1" I.., LS 3109, PER PMB 789/6 -116, O DN. 1.0' 13 FD. 1" I.., LS 3109, PER PMB 45/10, DN. 1.P 14 FD. 3/4" I.P., LS 3,109, PER PMB 45/10, ON. 1.0'. P RCEL 1 (N 80010055" E 76.00') 71 \'0T" 1; PMB 189/6 =;16 11 \ - , N 41'28'33" W 49.49' N 49'04'40" E 58.10' IN 41'28'28" W 49.491 (N 49'04'45" E 58.10') 5 / SCALE: 1" = 60' it gPS / 60 30 0 60 120 180 STE ' PARCEL 2 m / / PMB 45/10 /y PARCEL 3 GRAPHIC SCALE a PMB 45/10 30 - / SEE gET 3 14 H8j1/ J° / E 22251 II N 6'4031" W N 83'19 29 I [N 6'40 26" W 50.00 ] �- 50.00 (5� ),J ` 70 N 6'40'31 W 5D.W� I //" // 222�1__6�-- E 36275 ") c [N G4°'26 W ��- 362.75 (N 8813'34" -von (_?_ , �N 83'192`9 SAN MIGUEL DRIVE _ OCS GPS 627, --� - 46.°4) ^�i _ — Northing= 2171189.499 _ .- _20°0."0 L -4 _ _ .� � Fasting = 6072502.780 ✓(� 124641 R — — c 4 \ HARBORRrvWOODS PACE 2 C M� `_ ` N�T! R° QJ �V t^�N SOP \ \ xs�sr F 362.77 83'19'34" E 362.757�`�(1,303.2 °)) SAN MIGUEL DRN SCALE: 1" = 200' . PACIFIC VIEW DRIVE 200 100 0 200 400 Boo i OCS GPS 6276 DETAIL GRAPHIC SCALE / \ \ \ Northing= 2170114.882 \ Easting= 6069883.841 r.Voue\wsm¢ \� inss -m ¢/n/ N 6 N7i D72527 E 4.42' SCALE: 1" = 20' po O10 20 10 0 20 40 60 D 4 ti6`� \ 4 GRAPHIC SCALE k h /b DETAIL "A" F EASEMENT© PARCELI 1 PMB 189A-16 3 4 !!%1 SEE DETAILS "A" & "B" ABOVE FOR z n EASEMENT TIES z�w�B� f11 SHEET 3 OF 3 SHEETS ALL OF TENTATIVE-TRA T MAP 17355 TRACT MAP N 0. 17355 0.745 ACRES 11.48' <b 1 M �o L2 Qtr; 4 NUMBERED LOTS Z LETTERED LOTS 15.50' IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE OF SURVEY: NC � , 2010 BEING A SUBDIVISION OF PARCEL 2, AS SHOWN BY MAP FILED IN N 83'19'29" E ' o 1.4 BOOK 45, PAGE 10 OF PARCEL MAPS, IN THE OFFICE OF THE C3 II 11.98' COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA MDS CONSULTING NOVEMBER, 2010 STANLEY C. MORSE L.S. 3640 N 6 N7i D72527 E 4.42' SCALE: 1" = 20' po O10 20 10 0 20 40 60 D 4 ti6`� \ 4 GRAPHIC SCALE k h /b DETAIL "A" F EASEMENT© PARCELI 1 PMB 189A-16 3 4 !!%1 SEE DETAILS "A" & "B" ABOVE FOR z n EASEMENT TIES DETAIL "B" EASEMENT 3 70_1T09n E (--10- PARCEL 2 PM8 45/10 N 5p15'S7" �-- L-`D--, 165.90'O (N 83.19'24" E 222.51') N 83'19'29° E 22257' LINE DATA z�w�B� f11 BEARING I DISTANCE 1 N 6'40'31" W 11.48' <b 1 M �o L2 Qtr; N 63'19'29" E 15.50' 3 N 6'40'31" W 19.00' 0 N 83'19'29" E ' o 1.4 5 C3 II 11.98' 1.4 A N 71'35'31" E 9.17' 7 >t L2 3 i 1 9.23' 13.50' �1g 1 N 37-17'08' W 1 B � 9 C1 z 0.50' 10 DETAIL "B" EASEMENT 3 70_1T09n E (--10- PARCEL 2 PM8 45/10 N 5p15'S7" �-- L-`D--, 165.90'O (N 83.19'24" E 222.51') N 83'19'29° E 22257' LINE DATA L I BEARING I DISTANCE 1 N 6'40'31" W 11.48' 2 N 63'19'29" E 15.50' 3 N 6'40'31" W 19.00' 4 N 83'19'29" E 15.75' 5 N 6'40'31" W 11.98' 6 N 71'35'31" E 9.17' 7 N 56'18'47" E 9.23' B N 37-17'08' W 9.85 9 N 52'42'52" E RAD 0.50' 10 N 52'42'52" E RAD 17.00' 11 I N 3717'08" W 1247' 1121 N 3T17'08" W 9.58' 1131 N 371108" W 2.89' 1141 N- 3T17'2" W 6.66' 1151 N 63'19'29" E 17.50' 16 N 6'40'31" W 5.74' 17 N 8941'01" E 11.35' 18 N 640131" W 4.00' 19 N 9'50'05" W RAD 0450' 20 N 80'09'55" E 9.81' 21 N 3755'14" W 36.25' 22 N 5742'52" E 7.28' 23 132'55'14' W 31.59' 24 N 34'28'50" W I SAS' NOTE: SEE SHEET 2 FOR SURVEYOR'S NOTES, MONUMENT NOTES AND EASEMENT NOTES, \s��i SAN MIGUEL DRIVE N 83'19'29" E 362.75 (N 83'13'34° E 362.75 ") PARCEL 3 PMB 45/10 1'1. "s. �9 \\ J I � gi I — LOT 2 TRACT NO. 11935 M.M. 518/16 -17 TRACT 11935 HAF�OR WOODS PL. M.M. 58/N0. 16,17 (PRIVATE STREET) si [h Attachment "B" RESOLUTION NO. 1822 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING NT2010 -001 FOR A TENTATIVE TRACT MAP AND A GRADE DETERMINATION LOCATED AT 1691 SAN MIGUEL DRIVE (PA2010 -027) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Jim Manning, with respect to property located at 1691 San Miguel Drive, and legally described as Resubdivision No. 311, Parcel 2 requesting approval of a tract map. 2. The applicant proposes a tract map subdivision and grade determination for the development of four single -unit dwellings on a 0.75 -acre site. 3. The subject property is located within the Harbor View Hills Planned Community (PC -3) and the General Plan Land Use Element category is Multiple -Unit Residential (RM). 4. The subject property is not located within the coastal zone. A public hearing was held on September 9, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project is categorically exempt under Section 15332, of the California Environmental Quality Act (CEQA) Guidelines - Class 32 (In -Fill Development). The project is consistent with General Plan policies and the Harbor View Hills Planned Community Development Plan. The proposed project is within the City limits, on a site less than 5 acres, and is surrounded by urban uses. The project site has no value as habitat for endangered, rare, or threatened species, as demonstrated from a biological constraints survey from February 2010. The proposed project will not result in any significant effects relating to traffic, noise, air quality, or water quality. Traffic generated by up to ten residential units on the site is anticipated in the City's General Plan Update and was evaluated in the General Plan Update EIR. The development of four units will produce minimal traffic that will neither cause nor contribute to any unacceptable level of service within the circulation network. Adequate resident and guest parking will be provided on -site. The site will have a single point of access on San Miguel Drive. No significant traffic or circulation impacts would occur. The project would not result in significant noise air or quality impacts because of the limited nature of the project (four single - unit residential dwellings). The project will comply with all applicable provisions of the City's Noise Ordinance. Water quality will be managed through the incorporation of best Planning Commission Resolution No. 1822 Paae 2 of 14 management practices (BMPs) during construction and through features included in the project's drainage plan. The site can be adequately served by all required utilities and public services. A full range of utilities, including sewer, water, energy, telephone, etc., exist within the project area and can be extended to the subject property. The applicant, in consultation with City staff and service providers, determined that the proposed development of four single -unit residences can be adequately served by existing utilities and public services. SECTION 3. REQUIRED FINDINGS. In accordance with Section 19.12.070 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with. applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: The proposed four -unit subdivision map and improvements are consistent with the density of the General Plan Land Use Designation, which allows for up to ten (10) units. The project is also consistent with the Harbor View Hills Planned Community, which designates the site for residential use. Conditions of approval have been included to ensure compliance with technical requirements of the Subdivision Code and State Subdivision Map Act (SMA). The grades proposed with the tentative tract map are acceptable considering the constraints of the site. 2. Finding: That the site is physically suitable for the type and density of development. Facts in Support of Finding: The 0.75 -acre (approximately 32,445 square feet) project site is physically large enough to accommodate four lots for the development of single - family dwellings and two lots for providing open space and a driveway to the proposed lots. The private driveway lot is designed with four guest parking spaces and a turn - around. The site is generally flat, but the northern and eastern portions slope toward the existing natural drainage course. The development as proposed necessitates retaining walls and fill. The proposed grades and walls (as designed and conditioned) are not inappropriate or excessively high, which could suggest that the site is unsuitable for the development proposed. 3. Finding: That the design of the subdivision or the proposed improvements will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat However, notwithstanding the foregoing, the deofsion- making body may nevertheless approve such a subdivision if an environmental impact report Planning Commission Resolution No. 1822 Paae3of14 was prepared for the project and a finding was made pursuant to Section 29089 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 32 (In -Fill Development), as depicted in Exhibit B. 4. Finding; That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: • The proposed Tentative Tract Map is for residential subdivision purposes. All construction for the project will comply with all Building, Public Works and Fire Codes, which are in place to prevent serious public health problems. 5. Finding: That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. in this connection, the decision- making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to easements previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: • The design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. The Public Works Department has provided a condition of approval that does not allow permanent structures within the four- foot -wide public utility and pedestrian access easement along San Miguel Drive, 6, Finding. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: Planning Commission Resolution No. 1822 Page 4 of 14 The property is not subject to the Williamson Act because the subject property is not considered an agricultural preserve and is less than 100 acres. • This site will be developed for residential use in a residentially zoned area. 7. Finding: That, in the case of a "land project' as defined in Section 91000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project, and (b) the decision- making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: • The project is not defined as a "land project" as defined in Section 11000.5 of the California Business and Professions Code and the project site is not subject to a specific plan. 8. Finding: That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: • The proposed Tentative Tract Map and improvements are subject to Title 24 of the California Building Code, which requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and inspection process. 9. Finding: That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: The proposed subdivision facilitates the creation of four new residential dwellings that will be added to the City's housing stock and the payment of the in -lieu affordable housing fee will further the City's goal of meeting its housing needs as identified in the Regional Housing Needs Assessment. The addition of four units will not cause an undue strain on public services. 10. Finding: That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: Planning Commission Resolution No. 1822 Paae 5 of 14 The site, when previously developed, was served by the local utility providers and adequate capacity exists to supply the necessary utilities to the proposed residential units. The proposed residential project is not expected to introduce any unremitted discharge requirements into the existing sewer system. 11. Finding: For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts In Support of Finding: • The subject property is not located within the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves Tentative Tract Map No. NT2010 -001 and the grade determination, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2, This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF SEPTEMBER, 2010. AYES: Eaton, Unsworth, Hawkins, Ameri, and Toerge NOES: None EXCUSED: McDaniel and Hiligren BY: Charles Unsworth, Vice Chairman BY: Mic erge, Secretary Planning Commission Resolution No. 1822 Page 6 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) Planning Department The development shall be in substantial conformance with the approved technical site plan and tentative tract map stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval,) 2. Prior to issuance of building permits, fair share fees for four (4) dwelling units shall be paid in accordance with City Ordinance 94 -19 of the Newport Beach Municipal Code. 3. Prior to the issuance of buildings permits, in -lieu housing fees for four (4)dwelling units shall be paid in accordance with City Resolution No. 2010 -44, 4. Prior to the issuance of buildings permits, San Joaquin Hill Transportation Corridor Fees for four (4) single -unit dwellings shall be paid in accordance with City Municipal Code Chapter 15.42 (City Ordinance No. 85 -29). 5. Prior to recordation of the Tract Map, park dedication fees for four (4) dwelling units shall be paid in accordance with Chapter 19.52 of the Newport Beach Municipal Code. This fee shall be paid upon submittal of the map to the Public Works Department for plan check and deposited into the appropriate Service Area account as identified in the Recreation and Open Space Element of the General Plan. 6. Pursuant to Section 19.60.010 of the Subdivision Code, if the City Engineer determines, after consultation with the Planning Director, that a final tract map conforms to the applicable tentative tract map and its conditions of approval, the final map shall be forwarded to the City Council for review. 7. Tract Map No. NT2010 -027 shall expire unless exercised within 24 months from the date of approval as specified in Chapter 19.16 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 8. Grades as shown on the approved tract map shall be established for the purpose of measuring height for all structures and the single -unit dwellings. 9. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 10. 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. Planning Commission Resolution No. 1822 Page 7 of 14 11. 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. 12. All landscape materials and irrigation systems shall be maintained in accordance with the Chapter 14.17 of the Municipal Code. 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. 13. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 14. Prior to the issuance of a building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Department. The survey shall show that lighting values are "1" or less at all property lines. 15. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 16. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 17. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 18. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 16. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 17. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 18. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Planning Commission Resolution No. 1822 Page 8 of 14 Friday and 8:00 a.m, and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 19. All trash shall be stored within the dwelling units or within a dumpster stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 20. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the SAN MIGUEL COURT SUBDIVISION including, but not limited to, the NT2010 -001. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth In this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department 21. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company. Building Department 22. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 23. The applicant shall employ the following best available control measures (" BACMs ") to reduce construction - related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. Planning Commission Resolution No. 1822 Page 9 of 14 • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. • Emissions • Require 90 -day low -NOx tune -ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off -Site Impacts • Encourage car pooling for construction workers. • Limit lane closures to off -peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day tc ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six -inch surface layer, subject to review /discretion of the geotechnical engineer. 24. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 25. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 26. A list of "good house - keeping" practices will be incorporated into the long -term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In addition, the Planning Commission Resolution No. 1822 Page 10 of 14 WQMP must also identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. Public Works Department 27. A Final Tract Map shall be recorded per Chapter 19.56 of the City Municipal Code. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyorlengineer 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 Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18, 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. 28. Prior to recordation of the Final Parcel Map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 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 Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 29. In accordance with the provisions of Chapter 13 (or any other applicable chapters) of the Newport Beach Municipal Code, additional street trees may be required and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department through an encroachment permit or agreement. 30. The developer shall design and construct the required on and off -site improvements per Chapter 19.28 of the City Municipal Code. 31. An encroachment permit shall be required for all work activities within the public right - of -way, on City -owned utilities and within the Harbor View Nature Park, 32. A Public Utilities Easement over Lot "A" shall be granted to the City for the proposed City -owned water main to serve the development. 33. A 10- foot -wide Private Storm Drain easement shall be obtained from the Irvine Company for the proposed private 12 -inch storm drain line to serve the development. 34. Reconstruct the existing broken and/or otherwise damaged concrete curb, gutter and sidewalk along the San Miguel Drive frontage. Limits of work shall be determined by the Public Works Inspector. 35. Existing driveway approach to be abandoned shall be plugged per City Standard #165 -L with a full height curb, gutter and sidewalk. Planning Commission Resolution No. 1822 Page 11 of 14 36. The development site shall comply with the City's on -site non -storm runoff retention requirements. 37. Each unit shall be served by an individual water service meter, sewer lateral and cleanout per City Standards. 38. On- street parking on the proposed private street shall be prohibited except in designated parking spaces. 39. Existing trees in the Harbor View Nature Park shall be protected in place. The removal of trees in the park shall first be reviewed and approved by the General Services Department; in conjunction with an approved landscape plan. Unauthorized tree removal(s) will trigger substantial penalties for all of the parties involved. 40. Existing bike lane striping on San Miguel Drive shall be modified to allow for right -turn movements into the proposed private street. Striping shall be approved by the City Traffic Engineer. 41. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. 42. The developer shall be responsible for payment of any County Sanitation District fees required for the development. Written evidence of payment shall be provided prior to issuance of a Building permit. 43. No permanent structures can be built within the four - foot -wide public utility and pedestrian access easement along the San Miguel Drive frontage. 44. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 45. Proposed parking spaces shall be per City Standard 805- L -A &B. General Services Department The following conditions apply to the City -owned nature park to the north and east of the project site. The General Services Department shall review and approve the landscaping plan prior to the issuance of final building permits of the dwelling units. 46. A licensed landscape architect shall design an irrigation system and planting plan for screening the retaining walls and for the damage and plant removal on the slope. 47. The developer shall intercept the irrigation mainline at the backflow and install a valve (connect to existing controller), flow sensor and master valve, and a bubbler irrigation system on the disturbed slope area to water the below plant material. Planning Commission Resolution No. 1822 Paae 12 of 14 48. Depending on how much plant material is removed off of the slope, the General Services Department may require the complete removal based on what is remaining. The developer shall install the following: a. Installation of 36 -inch box Schinus molle -- California Pepper Trees /Low Branching Multi's. The amount to be determined by how much plant material and slope grading is needed after the demolition of the site and installation of the walls. They shall be planted a minimum of 25 feet on- center with the option to mix in 36 -inch box Platanus (Sycamores) racemosa wrightii or Platanus Mexicana with the same spacing. Fifteen gallon Acacia redolens, or approved alternate, five feet on- center. The amount shall be determined by the General Services Department based how much plant material and slope grading is needed after the demolition of the site and installation of the new retaining walls. C. Jute netting (or approved alternate) to retain the slope and two -inch to four -inch of bark mulch cover. d. Developer shall plant, irrigate and maintain a vine to cover the new retaining walls. Planning Commission Resolution No. 1822 Paae 13 of 14 EXHIBIT B CEQA Class 32 exemptions for in -fill development are required to meet the following conditions: a) Consistency with the applicable general plan designation and all applicable policies as well as applicable zoning designation and regulations. The Land Use Element of the General Plan designates the site as Multi -Unit Residential (RM), which is intended to provide primarily for multi - family residential development containing attached or detached dwelling units. The site is allocated to allow for the development of up to 10 dwelling units. The project consists of four detached dwelling units and complies with applicable General Plan policies. The zoning designation for the site is Medium High Density Residential within the Harbor View Hills Planned Community (PC -3), which allows for all uses within the Low Medium Residential Density designation. The project will comply with all of the development standards of the Low Medium Residential Density designation, including the 5,000 - square -foot minimum lot size. b) The proposed development occurs within the city limits on a project site of no more than five acres substantially surrounded by urban uses. The site is substantially surrounded by urban uses within the City of Newport Beach and is 0.75 acres in size. c) The project site has no value as habitat for endangered, rare or threatened species. The site was previously graded and developed with the Child Time School. A biological constraints survey was prepared in February 2010, to document the existing vegetation and wildlife on the subject property. The survey concluded that: (1) the project site is dominated by ruderal vegetation; (2) no special status vegetation types occur on the project site; (3) the survey area provides limited suitable habitat for wildlife species; (4) no fish, amphibian, reptile or mammal species were observed on the site; (5) no open water was observed on the site and there is no potential for fish species to occur; and (6) no wetlands, waters or the U.S. or waters of the State occur on the site. Therefore, there will be no impact to biological resources as a result of project implementation. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. Traffic generated by up to ten residential units on the site is anticipated in the City's General Plan Update and was evaluated in the General Plan Update EIR. The development of four units will produce minimal traffic that will neither cause nor contribute to any unacceptable level of service within the circulation network. Adequate resident and guest parking will be Planning Commission Resolution No. 1822 Page 14 of 14 provided on -site. The site will have a single point of access on San Miguel Drive. No significant traffic or circulation impacts would occur. The project would not result in significant noise air or quality impacts because of the limited nature of the project (four single -unit residential dwellings). The project will comply with all applicable provisions of the City's Noise Ordinance. The project will comply with applicable SCAQMD rules to reduce construction emissions. Neither short- nor long -term air emissions will exceed established SCAQMD thresholds. Therefore, noise and air quality effects from the project will be less than significant. Water quality will be managed through the incorporation of best management practices (BMPs) during construction and through features included in the project's drainage plan. The drainage design will eliminate all flows from crossing over the existing top of slope by containing all drainage onsite. The system will convey runoff to a storm drain pipe where the water will be cleaned by a mechanical filter within the catch basin, The storm -water will then be conveyed to a storm drain pipe that connects to the existing pipe within the adjacent apartment property. e) The site can be adequately served by all required utilities and public services A full range of utilities, including sewer, water, energy, telephone, etc., exist within the project area and can be extended to the subject property. The applicant, in consultation with City staff and service providers, determined that the proposed development of four single- family residences can be adequately served by existing utilities and public services. The construction of four single -unit residential dwellings is consistent with the City's General Plan designation (Medium Density Residential) and current zoning (Planned Community - Medium High Density Residential and Low Medium Density Residential). The site was considered in the City's 2006 General Plan EIR for potential environmental impacts. The project meets all of the conditions for a Class 32 exemption. There is no reasonable probability that the project will have a significant effect on the environment due to unusual circumstances. The site has been previously developed and the proposed project will not result in any short -term or long -term impacts that were not previously considered in the General Plan and General Plan EIR. / / 1 11\x\\ \ HARBOR VIEW / NATURE PARK J TRACT 11 17355 i Mi�vEL ®RtvE / \ NORTH / r\ \ PqC / \ s %�.. F /c l�jF i oz z ATTACHMENT "Cl,