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HomeMy WebLinkAbout1861 - RECOMMEND ADOPTION OF MND AND APPROVAL PCDP, TRANSFER OF NT, SD, LIMITED TERM PERMIT XP2011-004, AND DA, FOR THE NBCC_1600 & 1602 EAST COAST HIGHWAYRESOLUTION NO. 1861 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION NO. 2010 -008 AND APPROVAL OF PLANNED COMMUNITY DEVELOPMENT PLAN ADOPTION NO. PC2005 -002, TRANSFER OF DEVELOPMENT INTENSITY NO. 2010 -003, VESTING TENTATIVE MAP NO. 2005- 003, SITE DEVELOPMENT PERMIT NO. SD2011 -002, LIMITED TERM PERMIT NO. 2011 -004, AND DEVELOPMENT AGREEMENT NO. 2008 -001, FOR THE NEWPORT BEACH COUNTRY CLUB PROPERTY LOCATED AT 1600 & 1602 EAST COAST HIGHWAY (PA2005 -140) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Golf Realty Fund, with respect to property located at 1600 & 1602 East Coast Highway, and legally described as Parcels 1 and 3 of Parcel Map No. 79 -704 and a Portion of Back Bay Drive as Shown on Parcel Map No. 79 -704, requesting an approval to redevelop the existing private golf course and tennis club of the Newport Beach Country Club. The following applications are requested or required in order to implement the project as proposed: a. A Planned Community Development Plan adoption to provide development standards and design guidelines for the golf course and tennis club and their ancillary uses, pursuant to Chapter 20.63 of the Municipal Code. b. Transfer of Development Rights to transfer 27 hotel units from Anomaly No. 43 (Newport Beach Marriott Hotel and Spa site) to Anomaly No. 46 (the Tennis Club site), pursuant to General Plan Land Use Policies LU4.3 and LU6.14.3. C. A Site Development Permit to allow the construction of 35,000 square -foot golf clubhouse and parking lot, twenty -seven (27) hotel units with a 2,170 square - foot concierge and guest meeting facility and a 7,490 square -foot spa /fitness center, five (5) single -unit residential dwellings, a 3,725 square -foot tennis clubhouse, and one lighted stadium - center tennis court, pursuant to the Section 4.3 of the Newport Beach Country Planned Community Development Plan. d. A Vesting Tentative Tract Map to create separate lots for five (5) single -unit residential dwellings, twenty (27) hotel units, lettered lots for common areas and a private street, pursuant to Title 19 of the Municipal Code. e. A Limited Term Permit (Temporary Structures and Uses) to allow temporary use of structures during construction pursuant to Section 20.60.015 of the Municipal Code. Planning Commission Resolution No. 1861 Paqe 2 of 32 f. A Development Agreement pursuant to Section 15.45.020.A.2.c of the Municipal Code which requires a development agreement as the project includes a zoning code amendment and new non - residential development in Statistical Area L1 (Newport Center /Fashion Island) and General Plan Land Use Policy LU6.14.8 which requires a development agreement since the proposed project is a mixed -use development project and the proposed five (5) single - family units will be drawn from the 450 residential units allocated for the Newport Center /Fashion Island. 2. The application was deemed complete on November 5, 2009; and pursuant to Ordinance No. 2010 -21, the application is being considered and evaluated pursuant to the Zoning Code in effect prior to November 25, 2010. 3. The subject property is designed by the General Plan Land Use Element category of Parks and Recreation (PR) for the Golf Club site and Mixed Use Horizontal 3 /Park and Recreation (MU- H3 /PR) for the Tennis Club site. The project site is zoned Planned Community (PC -47) Zoning District. 4. The subject property is located within the coastal zone and has the Coastal Land Use Plan designates the site Parks and Recreation (PR) for the Golf Club site and Mixed Use Horizontal 3 /Park and Recreation (MU- H3 /PR) for the Tennis Club site. 5. Public hearings were held on August 4, 2011, October 20, 2011, and November 17, 2011, 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment period beginning on September 20, 2010, and ending on October 19, 2010. The contents of the environmental document and comments on the document were considered by the Planning Commission in its review of the proposed project. 3. An Errata has been prepared which clarifies and augments data in the document in responses to comments, and supports the conclusions reached in the draft MND. Consistent with CEQA Guidelines section 15073.5(c), recirculation of the MND is not required when new information is added to the MND which merely clarifies, amplifies, or makes insignificant modifications to the MND. Tmplt: 03/08/11 Planning Commission Resolution No. 1861 Paae 3 of 32 4. On the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to less than significant levels. 5. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. 1. The proposed project is consistent with the General Plan and Coastal Land Use Plan as follows: a. The project site is located within Newport Center /Fashion Island. The Land Use Element of the General Plan designates the golf club site Parks and Recreation (PR) and the tennis club site Mixed Use Horizontal 3 /Park and Recreation (MU- H3/PR). The PR designation allows active public or private recreational uses including parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. The MU -H3 /PR designation on the Tennis Club site provides for the horizontal intermixing of regional commercial office, hotel, single - family and multi - family residential and ancillary commercial uses. b. The General Plan limits total development at th e Golf Club site to 35,000 square feet (Anomaly No. 74) and 3,725 square feet and 24 tennis courts at the Tennis Club site (Anomaly No. 46). Residential is also permitted in Anomaly No. 46, in accordance with MU -3 /PR designation. The proposed new golf clubhouse is consistent with the General Plan development limit of 35,000 square feet. The existing 3,725 square -foot tennis clubhouse will be replaced with a new tennis clubhouse of same the square footage established for Anomaly No. 46. The five (5) single -unit dwellings will be drawn from the maximum 450 dwelling units that are allowed in the Newport Center /Fashion Island Statistical Area (there are unallocated 20 units remaining at this time). Tmpit 03/08111 Planning Commission Resolution No. 1861 Paqe 4 of 32 d. In order to accommodate the development of the proposed 27 hotel -unit development (bungalows), the 17 tennis courts shall be converted to 27 hotel units. The General Plan provides for additional retail opportunities at Fashion Island and hotel rooms and housing units in Newport Center and the proposed conversion does not require a general plan amendment. The proposed conversion revitalizes an area wherein the General Plan encourages hotel development. e. The Coastal Land Use Plan designates the Golf Club portion of the project site as Parks and Recreation (PR), and the Tennis Club portion of the project site is designated as Mixed Use Horizontal 3 /Park and Recreation (MU- H3 /PR). The MU -H3 /PR designation recognizes the private recreational tennis courts and the potential development of short-term rental visitor accommodations and single - family residential units. Policy 2.1.8 -1 allows the horizontal intermixing of short- term rental units and single - family homes with the expanded tennis club facilities. Permitted uses include those permitted by the MU -H3 and PR categories. MU -H3 allows horizontally distributed mix of uses, which may include general or neighborhood commercial, commercial offices, multi - family residential, visitor - serving and marine - related uses, and /or buildings that vertically integrate residential with commercial uses. PR category allows active public or private recreational use including parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. The adoption of planned community district development plan (PCDP) will ensure building design and siting regulations will protect coastal resources, including protection of views, and public access through height, setback, floor area, lot coverage, building bulk, and improved pedestrian access in accordance with Policy 2.2.2 -4. The proposed project will provide visitor - serving and recreational facilities as required in Policy 2.3.2 -2. The proposed redevelopment of the project site is therefore consistent with the Coastal Land Use designations. f. The subject property has a zoning designation of Planned Community (PC -47). This PC zoning designation was adopted in 1997 by Ordinance 97 -10, as a part of the City -wide amendment to the districting maps, in order to be consistent with the 1988 General Plan Land Use Element and Zoning Code. The City later assigned the PC with a number of 47 for tracking purposes. A Planned Community Development Plan (development regulations), was not adopted when the PC District zoning designation was assigned to the subject property. The Tennis Club is governed separately by Use Permit No. 1492 and its' subsequent amendments, which is typical when a PC does not have development standards. No use permit was issued on the Golf Club site. g. The applicant proposes a PCDP to provide use regulations, density, and intensity of the proposed uses and very specific development regulations (building height, square footage, setbacks, and parking standard) for each use, including architectural styling and a complete internal vehicular and pedestrian circulation system for both the Golf Club and Tennis Club sites. Because the Tmplt: 03/08/11 Planning Commission Resolution No. 1861 Page 5 of 32 proposed PCDP contains detail and design regulations that are too specific and provide inflexible standards that are inappropriate for the project implementation and long -term administration, an alternative PCDP has been prepared. h. The alternative PCDP contains necessary development regulations to accommodate the Golf Club and Tennis Club sites as a single, cohesive and comprehensive large -scale planned development. The alternative PCDP also provides a requirement that a site development review process be completed for construction of any new major building structure (i.e. clubhouse, residential dwelling unit, hotel unit, spa facility, etc.), and would require consideration and approval by the Planning Commission prior to the issuance of grading or building permit to ensure new development proposals within the PCDP are consistent with the goals and policies of the General Plan and the standards set for in the adopted PCDP. 2. Tennis Courts Conversion. Finding: A. The conversion will not result in any adverse traffic impacts. Facts in Support of Finding: A -1. The twenty -seven hotel units generate 15 A.M., 16 P.M. and 221 average daily trips based upon Institute of Traffic Engineers (ITE) Trip Generation Rates (7th Edition). This increase in traffic is entirely off -set by the traffic associated with the elimination of 17 tennis courts (22 A.M, 56 P.M and 658 average daily trips based upon ITE Trip Generation Rates). As a result, traffic generated by the proposed project would decrease by 389 daily trips, 3 A.M. trips, and 35 P.M. trips. A -2 The design regulations for the hotel rooms set forth in the Planned Community Development Plan will ensure that the proposed hotel use and the physical improvements for the hotel rooms will not lend themselves to conversion to higher traffic - generating uses. 3. Site Development Review — The applicant proposes a Site Development Review to allow the redevelopment of the existing golf clubhouse and tennis club, pursuant to the Section 4.3 of the PCDP. Finding: A. The Site Development Plan shall be in compliance with all other provisions of the Newport Beach Country Club Planned Community Development Plan. Tmplt: 03/08/11 Planning Commission Resolution No. 1861 Page 6 of 32 Facts in Support of Finding: A -1. A site development review application has been submitted in accordance to Section 4.0 of the draft PCDP. The portion of the application that applies to the 12 -acre tennis club site meets the intent specified in Section 20.52.080 (Site Development Review) of the Municipal Code as the portion of the site based upon the plans provides a coordinated and comprehensive project and will result in a superior built environment thereby creating an amenity for the community. The 133 -acre Golf Club site has been reserved for future consideration. Finding: B. The Site Development Plan shall be compatible with the character of the neighboring uses and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City. Facts in Support of Finding: B -1. The portion of the application that applies to the 12 -acre tennis club site includes California Coastal architecture, landscaping components, circulation design, all other project components reflected in the site development review application for the development of the tennis club site are compatible with the character of the neighboring uses and surrounding sites. As a result, the proposed development for the tennis club site is not detrimental to the orderly and harmonious development of the surroundings and the City. The 133 -acre Golf Club site has been reserved for future consideration. Finding: C. The Site Development Plan shall be sited and designed to maximize of aesthetic quality of the Newport Beach Country Club Planned Community Development Plan as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on East Coast Highway. Facts in Support of Finding: C -1. The portion of the application that applies to the 12 -acre tennis club site provides one and two story building masses that are carefully sited and represent a comprehensive and coordinated plan. The size, mass and location of structures, the architectural detailing, landscaping, circulation, and signage maximize the aesthetic quality of the project. The proposed villas and bungalows are located over 300 feet from East Coast Highway and adequate landscaping and open space separate the proposed development from East Coast Highway. The 133 -acre Golf Club site has been reserved for future consideration. Tmpit: 03/08/11 Planning Commission Resolution No. 1861 Paae 7 of 32 Finding: D. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development. Facts in Support of Finding: D -1. The site plan proposed for the tennis club site and layout of its buildings, parking areas, pedestrian and vehicular access ways, landscaping, and other site features maximize the functionality of the proposed uses, while avoiding conflicts between uses and activities. The villas, bungalows, tennis club, and each of their related amenities have been carefully designed and sited to function cohesively not only with each other, but also with the existing adjacent golf club uses. The 133 -acre Golf Club site has been reserved for future consideration. 4. Vesting Tentative Tract Map. The applicant proposes a vesting tentative tract map on the Tennis Club site to create separate lots for the five (5) single -unit residential dwellings, twenty -seven (27) hotel units, the tennis club facility, their common open space areas and a private street to support the propose uses. In accordance with Section 19.12.070 of the Newport Beach Municipal Code, and the following finding and facts in support of such findings are set forth: Findings A. 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: A -1. The project is consistent with the Parks and Recreation designation for the golf club site and Mixed Use Horizontal 3 /Park and Recreation (MU- H3 /PR) designation for the tennis club site. A -2. The Public Works Department has reviewed the proposed tentative map and finds it is consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. A -3. Conditions of approval have been included to ensure compliance with Title 19. Finding: B. That the site is physically suitable for the type and density of development. Tmplt: 03/08/11 Planning Commission Resolution No. 1861 Paae 8 of 32 Facts in Support of Finding: B -1. The existing site is entirely developed and does not support any environmental resources. The project site is adequate in size to accommodate the proposed development. There are no topographic /geologic constraints. B -2. The subject site is located in Newport Center /Fashion Island and currently improved with a private golf course (Newport Beach Country Club) and a private tennis club (former Balboa Bay Racquet Club). Given its location which is adjacent to the Fashion Island mixed -use of retail, office, and residential development and major road intersections, this site is ideal for the development of recreation and mixed use development as allowed by the General Plan Land Use Element. Findings C. 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 decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 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: C -1. A Mitigated Negative Declaration has been prepared and supports a finding that no significant environmental impacts will result with proposed development of the site in accordance with the proposed subdivision map. Finding: D. 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: D -1. The proposed Tract Map is for the subdivision parcels in order to accommodate the development of the tennis club and courts, five (5) single -unit residential dwellings, and twenty -seven (27) hotel units on the tennis club site. 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. D -2. All mitigation measures will be implemented as outlined in the Mitigated Negative Declaration to ensure the protection of the public health. Tmplt 03/08/11 Planning Commission Resolution No. 1861 Pape 9 of 32 D -3. No evidence is known to exist that would indicate that the planned subdivision pattern will generate any serious public health problems. Finding: E. 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 Findin E -1. No other public easements for access through or use of the property have been retained for use by the public at large. Finding: F. 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: F -1. The property is not subject to the Williamson Act since the subject property is not considered an agricultural preserve and is less than 100 acres. Finding: G. That, in the case of a "land project' as defined in Section 11000.5 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: G -1. The property is not a "land project' as defined in Section 11000.5 of the California Business and Professions Code. G -2. The project is not located within a specific plan area Tmplt 03/08/11 Planning Commission Resolution No. 1861 Paae 10 of 32 Finding: H. 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: H -1. The proposed Tract Map and improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: I. 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: 1 -1. The proposed Tract Map does not involve the elimination of residential units and therefore will not affect the City's ability to meet it's share of housing needs. Finding: J. 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: J -1. Waste discharge into the existing sewer system will be consistent with the existing commercial use of the property and does not violate Regional Water Quality Control Board (RWQCB) requirements. J -2. Sewer connections have been conditioned to be installed per City Standards, the applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the Uniform Plumbing Code. Finding: K. 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. Tmpit: 03/08/11 Planning Commission Resolution No. 1861 Pape 11 of 32 Facts in Support of Finding: K -1. The subject property is located in the Coastal Zone and is not located in proximity to nor provides public access to any beaches, shoreline, coastal waters, tidelands, coastal parks or trails. The existing recreational uses (golf course and tennis club) are private and the elimination of 17 tennis courts does not impact use of public recreational opportunities. 5. Development Agreement — According to General Plan Land Use Element Policy LU6.14.8, a development agreement is required since the proposed project is a mixed - use development project and the proposed five (5) single - family units will be drawn from the 450 residential units allocated for the Newport Center /Fashion Island. Furthermore, Municipal Code Section 15.45.020.A.2.c (Development Agreement Required) requires a development agreement as the project includes a zoning code amendment and new non - residential development in Statistical Area L1 (Newport Center /Fashion Island). The development agreement includes all the mandatory elements for consideration and includes public benefits that are appropriate to support conveying the vested development rights. Tmpil: 03/08/11 Planning Commission Resolution No. 1861 Paae 12 of 32 SECTION 4. DECISION. 1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Planning Commission's independent judgment and analysis. The Planning Commission hereby recommends that the City Council adopt Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program attached as Exhibit "A ". The document and all material, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 2. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. 3. The Planning Commission of the City of Newport Beach does hereby recommend that the City Council adopt Planned Community Development Plan No. PC2005 -002 for the entire 145 -acre project site, as depicted in Exhibit "B" attached hereto and incorporated by reference. 4. The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Site Development Review No. SD2011 -002 for the improvements to the tennis site only (twenty -seven (27) hotel units with a 2,170 square -foot concierge and guest meeting facility and a 7,490 square -foot spa /fitness center, five (5) single -unit residential dwellings, a 3,725 square -foot tennis clubhouse, and one lighted stadium - center tennis court) as the 133 -acre Golf Club site has been reserved for future consideration, Vesting Tentative Tract Map NT2005 -003, and Limited Term Permit No. XP2011 -004 f or the temporary modular buildings to be located on tennis site only, subject to the conditions set forth in Exhibit "C ", which is attached hereto and incorporated by reference. 6. The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Development Agreement No. DA2008 -001 as attached as Exhibit "D" Tmpit: 03108/11 Planning Commission Resolution No. 1861 Page 13 of 32 PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF NOVEMBER, 2011. AYES: Hillgren, Kramer, and Toerge NOES: Ameri and Hawkins ABSTAIN: Myers ABSENT: None. m in Tmpll: 03/08/11 ian Planning Commission Resolution No. 1861 Page 14 of 32 Iw /:11:lk v-lm MITIGATION MONITORING AND REPORTING PROGRAM (All references to the golf course or golf clubhouse are reserved for future consideration) sa PDF/ Mitigation Measure Method of Timing of Applicable Responsibility MM Verification Implementation Phases) No. Aesthetics Prior to the issuance of building permits, the applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Division. Tennis The site shall not be excessively illuminated based on Club Site: the luminance recommendations of the Illuminating Approval of Prior to Phase 2 SC -1 Engineering Society of North America, or, if in the photometric issuance of Planning opinion of the Planning Director, the illumination creates study building permit Golf Club Division an unacceptable negative impact on surrounding land Site: uses or environmental resources. The Planning Phase 3 Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. Agricultural and Forest Resources No significant impacts are anticipated and no mitigation measures are required. Air Quality Adherence to SCAQMD Rule 402, which prohibits air Tennis contaminants or other materials that cause injury, Club Site: detriment, nuisance or annoyance to any considerable Periodic During Phases 1 -4 Community SC -2 number of persons or to the public, or which endanger monitoring construction Development the comfort, repose, health, or safety of any such during activities Golf Club Department persons or the public, or which cause, or have a natural construction Site: tendency to cause injury or damage to business or Phases 1 -4 property to be emitted within the SoCAB. Tennis Club Site: Periodic Phases 1 -4 Adherence to SCAQMD Rule 403, which sets During Community SC -3 requirements for dust control associated with grading monitoring construction Development and construction activities. during activities Golf Club Department construction Site: Phases 1 -4 Tennis Club Site: Adherence to SCAQMD Rules 431.1 and 431.2, which Periodic During Phases 1 -4 Community SC -4 require the use of low sulfur fuel for stationary monitoring construction Development construction equipment, during activities Golf Club Department Site: construction Phases1 -4 Tennis Club Site: Periodic During Phases 1 -4 Community SC -5 Adherence to SCAQMD Rule 1108, which sets monitoring construction Development limitations on ROG content in asphalt. during activities Golf Club Department Site: construction Phases 1 -4 Tmplt: 03/08/11 Planning Commission Resolution No. 1861 Paae 15 of 32 SC/ PDF/ Mitigation Measure Method of Timing of Applicable Responsibility MM Verification Implementation Phase(s) No. _ Tennis Club Site: Phases 2 -4 Periodic During Community SC -6 Adherence to SCAQMD Rule 1113, which sets monitoring construction Development limitations on ROG content in architectural coatings. during activities Golf Club Department Site: construction Phases 2 -4 Submit Tennis Adherence to Title 24 energy - efficient design evidence of Club Site: requirements as well as the provision of window compliance Prior to Phases 2 -4 Building SC -7 glazing, wall insulation, and efficient ventilation methods during issuance of Golf Club Division in accordance with the requirements of the Uniform building plan building permits Site: Building Code. check Phases 3 -4 process Biological Resources No significant impacts to biologic I resources are anticipated; no mitigation measures are required. Cultural Resources A qualified archaeological /paleontological monitor shall be retained by the project applicant who will be present during the grading and landform alteration phase. In the event that cultural resources and /or fossils are encountered during construction activities, ground - disturbing excavations in the vicinity of the discovery Tennis shall be redirected or halted by the monitor until the find Submit proof Club Site: has been salvaged. The area surrounding any cultural of qualified Prior to Phase 2 SC -8 materials or fossils encountered during grading shall archaeologic issuance of Planning also be investigated to determine the extent of the site. al/ Division Any artifacts and /or fossils discovered during project paleonlologi grading permit Golf Club Site: construction shall be prepared to a point of identification cal monitor and stabilized for long -term storage. Any discovery, Phase 1 along with supporting documentation and an itemized catalogue, shall be accessioned into the collections of a suitable repository. Curalion costs to accession any collections shall be the responsibility of the project applicant. Tennis The City hall y provide an opportunity for a Native Club Site: American representative to monitor excavation activities. Submit proof Prior to Phase 2 MM- The representative shall be determined by the City based of Native issuance of Planning 1 on input from concerned Native American tribes (i.e., American grading permit Golf Club Division Gabrielino, Juaneno, and Tongvas). observer Site: Phase 1 Geology and Soils Tennis Club Site: All grading operations and construction shall comply Periodic During grading Phases 1 -4 with the applicable City of Newport Beach G rating monit oring and Building SC -9 Code and Grading Manual and the most recent version during construction Golf Club Division Site: of the California Building Code. grading and operations construction Phases 1 -4 TmpIC 03/08/11 Planning Commission Resolution No. 1861 Page 16 of 32 SCI PDF/ Mitigation Measure Method of Timing of Applicable Responsibility MM Verification Implementation Phase(s) No. _.__......._._. Tennis Club Site: SC- Prior to issuance of the grading permit, an erosion Approval of Prior to Phases 1 -3 Building 10 control plan shall be submitted to and approved by the erosion issuance of Golf Club Division City's Building Division. control plan grading permit Site: Phases 1 -4 Submittal of Tennis soils Club Site: SC- Prior to issuance of a grading permit, the applicant shall engineering Prior to Phase 2 Building 11 submit a soil engineering report and final geotechnical report and issuance of Golf Club Division report to the City's Building Division for approval. final grading permit Site: geotechnical Phase 2 report The project shall be designed to incorporate the recommendations included in "Revised Preliminary Geotechnical Design Parameters for the NBCC Planned Community" (April 25, 2008) and "Report of Tennis Geotechnical Studies and Review of Vesting Tentative Club Site: Tract Map No. 15347" (May 2, 2008) prepared by GMU Submittal of Prior to Phase 2 MM- Geotechnical that address site grading, site clearing, geotechnical issuance of Building 2 compaction, bearing capacity and settlement, lateral reports grading permit Golf Club Division pressures, footing design, seismic design, slabs on Site: grade, retaining wall design, subdrain design, concrete, Phase 1 surface drainage, landscape maintenance, etc. The Building Division shall review the grading plan to ensure conformance with recommendations contained in the final geotechnical report. Greenhouse Gas Emissions Tennis Submit Club Site: evidence of Phase 2 SC- compliance Prior to Building 12 All new buildings shall meet Title 24 requirements. during issuance of Golf Club Division Site: building plan building permit check Phase 3 process Tennis Club Site: Submit Prior to Phase 2 Planning SC- Water conservation design features shall be evidence of issuance of Division and 13 incorporated into building and landscape designs. compliance building permit Golf Club Public Works Site: Department Phase 2 Tennis Submit Club Site: evidence of Phase 2 PDF Design of buildings shall take into account the locati on compliance Prior to Building 1 of building air intake to maximize ventilation efficiency during plan issuance e Golf Club Division Site: and incorporate natural ventilation, check building permit r Phase 2 process Tmplt: 03/08/11 Planning Commission Resolution No. 1861 Paae 17 of 32 SC/— ------- -... -. PDF/ Mitigation Measure Method of Timing of Applicable Responsibility MM Verification Implementation Phase(s) No. Submit Tennis evidence of Club Site: compliance Prior to Phase 2 PDF The buildings shall incorporate energy- conservi ng during e of issuance Building -2 heating and lighting systems. building plan buildding ing per Golf Club Division check Site: Phase 2 process Submit evidence of Tennis compliance Club Site: during Phase 2 Planning PDF The project shall incorporate fast- growing, low water landscape Prior to Division and _3 use landscape to enhance carbon sequestration and plan review issuance of Golf Club Public Works reduce water use. and upon building permit Department Site: field Phase 2 verification Hazards and Hazardous Materials Prior to any disturbance of the construction materials within the Golf Clubhouse and /or the Tennis Clubhouse, a comprehensive asbestos containing materials (ACM) and lead based paint (LBP) survey shall be conducted. Any repairs, renovations, removal or demolition activities that will impact the ACM and /or LBP or inaccessible ACM shall be performed by a licensed asbestos contractor. Inaccessible suspect ACM shall Tennis be tested prior to demolition or renovation. Proper Submit ACM Prior to Club Site: SC- safety procedures for the handling of suspect ACM and and LBP issuance of Phase 2 Building 14 LBP shall be followed in accordance with federal, slate survey and demolition Division and local regulatory requirements federal and California site permit for Golf Club Site: Occupation Safety and Health Administration (OSHA), inspection buildings and Air Quality Management District (AQMD) Rule Phase 3 1403, which sets forth specific procedures and requirements related to demolition activities involving asbestos containing materials and SCAQMD Regulation X - National Emission Standards For Hazardous Air Pollutants, Subpart M - National Emission Standards For Asbestos, which include demolition activities involving asbestos. During demolition, grading, and excavation, workers shall comply with the requirements of Title 8 of the Periodic Tennis California Code of Regulations Section 1532.1, which monitoring During Club Site: SC- provides for exposure limits, exposure monitoring, during demolition, Phases 1 -4 Building 15 respiratory protection, and good working practice by demolition grading and Division workers exposed to lead. Lead - contaminated debris and site excavation Golf Club Site: and other wastes shall be managed and disposed of in inspection accordance with the applicable provision of the Phases 1 -4 California Health and Safety Code. H drolo and Water Qua ty Prior to issuance of a grading permit, the project Tennis Building SC- applicant shall be required to submit a notice of intent Submit Prior to Club Site: Division and 16 (Not) with the appropriate fees to the State Water evidence of issuance of Phase 2 Public Works Quality Resources Control Board for coverage of such Not filing grading permit Department future projects under the General Construction Activity Tmplt: 03/08/11 Planning Commission Resolution No. 1861 Page 18 of 32 sC/ - PDF/ Mitigation Measure Method of Timing of Applicable Responsibility MM Verification Implementation Phase(s) No. Storm Water Runoff Permit prior to initiation of Golf Club Site construction activity at a future site. As required by the NPDES permit, a Storm Water Pollution and Prevention Phase 1 Plan (SWPPP) will be prepared and will establish BMPs in order to reduce sedimentation and erosion. Prior to issuance of a grading permit, the project applicant shall prepare a Water Quality Management Plan (WQMP) for the project and submit the WQMP to the City of Newport Beach for approval. The WQMP Tennis shall specifically identify Best Management Practices Club Site: (BMPs) that will be used to control predictable pollutant Prior to Phase 2 Building SC- runoff, including Flow /volume -based measures to treat Approval of issuance of Division and 17 the "first flush" The WQMP shall identify at a minimum WQMP grading permit Public Works the routine structural and non - structural measures Golf Club Department Site: specified in the Countywide NPDES Drainage Area Master Plan (DAMP), which details implementation of Phase 1 the BMPs whenever they are applicable to a project, the assignment of long -term maintenance responsibilities, and shall reference the locations of structural BMPs. Prior to issuance of a grading permit, the project applicant shall prepare a Storm Water Pollution and Prevention Plan (SWPPP). The SWPPP will establish Submit Tennis BMPs in order to reduce sedimentation and erosion and SWPPP Club Site: Building prevent construction pollutants from leaving the site. Prior to Phase 2 Division and 18 1 8 The project shall also incorporate all monitoring Approval of issuance of Public Works elements as required in the General Construction erosion and grading permit Golf Club Department Site: Permit. The project applicant shall also develop an sediment erosion and sediment control plan to be reviewed and control plan Phase 1 approved by the City of Newport Beach prior to issuance of grading permit. Tennis Club Site: Future site grading and construction shall comply with Submit During grading Phases 1 -4 Building SC- the drainage controls imposed by the applicable evidence of and Division and 19 building code requirements prescribed by the City of compliance construction Golf Club Public Works Site: Newport Beach. and site activities Department inspection Phases 1 -4 Land Use and Planning No significant impacts are anticipated and no mitigation measures are required. Mineral Resources No significant impacts are anticipated and no mitigation measures are required. Noise Tennis Club: Show on Phases 1 -4 During rock crushing operations, a temporary barrier grading During rock MM- using a pile of accumulated demolition debris or a plans and crushing Golf Club Building Site: 3 sound blanket shall be used if a direct line of sight si te operations Division exists between the crusher and any off -site homes. inspection Phases 1 -4 Tmplt: 03108/11 Planning Commission Resolution No. 1861 Page 19 of 32 SC/ PDF/ Mitigation Measure Method of Timing of Applicable Responsibility MM Verification Implementation Phase(s) No. Tennis Show on Club Site: Phases 1 -4 stationary All construction equipment, stations and mobile, shall grading During MM- be equipped with properly operating and maintained plans and construction Building 4 muffling devices. site activities Golf Club Division inspection Site: Phases 1 -4 s Tennis Submit Club Site: Prior to issuance of a grading permit, a construction construction Prior to Phases 1 -4 Community MM- schedule shall be developed that minimizes potential 5 project - related and cumulative construction noise schedule issuance of Golf Club Development levels. and site grading permit Department Si le: inspection Phases 1 -4 The construction contractor shall notify the residents of Tennis the construction schedule for the proposed project, and Submit Club Site: shall keep them informed on any changes to the evidence of Prior to Phases 1 -4 MM- schedule. The notification shall also identify the name compliance issuance of Building 5 and phone number of a contact person in case of and site grading permit Golf Club Division Site: complaints. The contact person shall take all inspection reasonable steps to resolve the complaint. Phases 1 -4 Submit evidence of Tennis Heating, venting, and air conditioning (HVAC) HVAC Club Site: equipment in or adjacent to residential areas shall be equipment Phases 2 -4 shown by computation, based on the sound rating of sound rating MM- the proposed equipment, not to exceed an A- weighted (adjacent to Prior to Community 7 sound pressure level of fifty (50) clBA or not to exceed residential issuance of Golf Club Development Site: an A- weighted sound pressure level of fifty -five (55) areas) building permit Department dBA. during Phases 2 -4 building plan check process Population and Housing No significant impacts are anticipated and no mitigation measures are required. Public Services No significant impacts are anticipated and no mitigation measures are required. Recreation No significant impacts are anticipated and no mitigation measures are required. Transport !on/Traffic Prior to commencement of each major phase of construction, the Contractor shall submit a construction staging, parking and traffic control plan for approval by Tennis the Public Works Department, which shall address Approval of Prior to Club Site: MM- issues pertaining to potential traffic conflicts during peak construction commencement Phase 1 -4 Planning traffic periods, potential displacement of on- street staging, of each major Division and $ parking, safety. This plan shall identify the p g, y. p y Parking and phase of Golf Club Public Works proposed construction staging area(s), construction traffic control construction Department Site: crew parking area(s), estimated number and types of plan Phases 1 -4 vehicles that will occur during each phase, the proposed arrival/departure routes and operational Tmplt: 03/08/11 Planning Commission Resolution No. 1861 Paae 20 of 32 SC/ PDF/ Mitigation Measure Method of Timing of Applicable Responsibility MM Verification Implementation Phase(s) No. safeguards (e.g. flagmen, barricades, etc.) and hourly restrictions, if necessary, to avoid traffic conflicts during peak traffic periods and to ensure safety. If necessary, the construction staging, parking and traffic control plan shall provide for an off -site parking lot for construction crews which will be shuttled to and from the project site at the beginning and end of each day. The plan shall identify all construction traffic routes. The approved construction staging, parking traffic control plan shall be implemented throughout each major construction hase. The left turn pocket on Irvine Terrace at the Coast Construct Golf Club Site: MM- Highway shall be increased in length to a minimum of improvement Prior to Public Works 9 100 feet plus transition in order to adequately or provide issuance of Department accommodate left -turn movements. equivalent building permit Phase 3 bonds Utilities and Service Systems No significant impacts are antici aled and no mitigation measures are required. Tmplt 03/08/11 Planning Commission Resolution No. 1861 Pape 21 of 32 1 *: /:11 311ii1 1 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY DEVELOPMENT PLAN TmpIC 03 /08/11 Planning Commission Resolution No. 1861 Page 22 of 32 EXHIBIT "C" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) COMMUNITY DEVELOPMENT DEPARTMENT 1. Development shall be in substantial conformance with Vesting Tentative Tract Map No. NT2005 -003, Site Development Review No. SD2011 -002 for the improvements to the tennis club portion of the project site only, and Limited Term Permit No. XP2011 -004, stamped and dated with the date of this approval (Except as modified by applicable conditions of approval.) 2. Vesting Tentative Tract Map No. NT2005 -003 is approved for the development located on the Tennis Club site which consists of the subdivision of five (5) single -unit residential dwellings, twenty -seven (27) hotel units and related amenities, the tennis club facility, their common open space areas and a private street. 3. Vesting Tentative Tract Map No. NT2005 -003 shall expire if the map has not been recorded within the term of Development Agreement No. DA2008 -001, unless an extension is otherwise granted. 4. Site Development Review No. SD2011 -002 is approved for the development of: a. A 3,725 square -foot tennis clubhouse and one lighted stadium - center tennis court. b. Twenty -seven (27) hotel units with a 2,170 square -foot concierge and guest meeting facility, and a 7,490 square -foot spa /fitness center. C. Five (5) single -unit residential dwellings. d. The 133 -acre Golf Club site has been reserved for future consideration. The plans shall be revised to remove all representations of future development on the 133 -acre Golf Club site. 5. Limited Term Permit No. XP2011 -004 is limited to the 12 -acre Tennis Club site and approved for the use of- a. Two (2) temporary modular buildings to accommodate on -going tennis club operation during the 18 -month construction of new golf clubhouse. The modular buildings shall be located on the existing tennis courts, shall not interfere with the construction activities or parking, and shall be removed from the Tennis Club site upon completion /occupancy of the new clubhouse. Tmpit: 03/08111 Planning Commission Resolution No. 1861 Paae 23 of 32 6. Site Development Review No. SD2011 -002 and Limited Term Permit No. XP2011 -004 shall expire unless exercised within the term Development Agreement No. DA2008 -001, unless an extension is otherwise granted. 7. Any substantial change to the approved plans, shall require an amendment to Site Development Review No. SD2011 -002, Limited Term Permit No. XP2011 -004 and /or Vesting Tentative Tract Map No. NT2005 -003 or the processing of new permits. 8. A minimum of 28 parking spaces shall be provided and maintained for The Tennis Club (tennis courts and clubhouse) as provided on the approved plans. 9. A minimum of two (2) enclosed parking spaces shall be provided and maintained for Was #A, B, and E and a minimum of three (3) enclosed parking spaces shall be provided and maintained for Villas #C & D, as provided on the approved plans. Additionally, each of The Villas (single -unit residential dwellings) shall be provided with an open guest parking space which can be located on the private driveway. 10. A minimum of 34 parking spaces shall be provided and maintained for The Bungalows (27 -unit hotel development) as provided on the approved plans. 11. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 12. 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. 13. Should this business or property be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 14. This Site Development Review and Limited Term Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed development, uses, and/ or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 15. Prior to the issuance of building permits the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division and the Municipal Operations 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 Tmplt 03/08/11 Planning Commission Resolution No. 1861 Page 24 of 32 permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 16. 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. 17. Prior to the final of issuance of a certificate of occupancy, the applicant shall schedule an inspection by the Planning Division to confirm that all landscaping was installed in accordance with the approved plan. 18. Reclaimed water shall be used for all landscape areas. 19. Water leaving the project site due to over - irrigation of landscape shall be minimized to the maximum extent feasible. 20. Watering of landscape areas shall be done during the early morning or evening hours (between 4:00 p.m. and 9:00 a.m.). 21. Water shall not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 22. Prior to issuance of any permit for development, approval from the California Coastal Commission shall be required. 23. 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: 24. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not permitted outside of these hours or on Sundays or Holidays. Tmplt: 03/08111 Between the hours of 7:OOAM and 10:00PM Between the hours of 10:00PM and 7:OOAM 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 24. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not permitted outside of these hours or on Sundays or Holidays. Tmplt: 03/08111 Planning Commission Resolution No. 1861 Page 25 of 32 25. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Community Development Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 26. Storage outside of buildings or within the parking lot of the property shall be prohibited, with the exception of the required trash container enclosure. 27. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 28. All proposed signs shall be in conformance with the provision of the Newport Beach Country Club Planned Community Development Plan and Chapter 20.42 of the Newport Beach Municipal Code and shall be reviewed and approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 29. 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 vehicular sight distance is provided. 30. Lighting shall be in compliance with applicable standards of the Newport Beach Country Club Planned Community Development Plan and Section 20.30.070 of the Newport Beach Municipal Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" and up- lighting type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures. 31. The entire development shall not be excessively illuminated based on the outdoor lighting standards contained within Section 20.30.070 of the Newport Beach Municipal Code, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 32. Prior to the issuance of a buildinq permit, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are I" or less at all property lines. 33. Prior to issuance of the certificate of occupancy or final of building permits on the Tennis Club site the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of all lighting sources. 34. Kitchen exhaust fans for the clubhouses shall be installed /maintained in accordance TmpIC 03/08/11 Planning Commission Resolution No. 1861 Paqe 26 of 32 with the Uniform Mechanical Code and with pollution control units to filter and control odors. 35. The construction and equipment staging area for each phase of the development shall be located in the least visually prominent area on the site and shall be properly maintained and /or screened to minimize potential unsightly conditions. 36. A screen and security fence that is a minimum of six feet high shall be placed around the construction site during construction for each phase of the development. 37. Construction equipment and materials shall be properly stored on the site when not in use for each phase of the development. 38. Prior to the issuance of any building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 39. Prior to the issuance of any building, the applicant shall pay all applicable development fees (i.e. school, in -lieu park, fair share, and transportation corridor agency), unless otherwise addressed separately in the Development Agreement. 40. 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 Newport Beach Country Club development including, but not limited to Planned Community Development Plan No. PC2005 -002, Vesting Tentative Tract Map No. NT2005 -003, Transfer of Development Rights No. TD2010 -003, Development Agreement No. DA2008 -001, Limited Term Permit No. XP2011 -004, Mitigated Negative Declaration No. ND2010 -008, and Site Development Permit No. SD2011 -002. 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. 41. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. 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. Tmplt 03/08/11 Planning Commission Resolution No. 1861 Paae 27 of 32 42. Prior to the issuance of grading permits for development, 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. 43. Prior to issuance of grading permits for development, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division 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. 44. 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 WQMP must also identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 45. The applicant shall comply with SCAQMD Rule 403 requirements as follows: Land Clearing /Earth - Moving a. Exposed pits (i.e., gravel, soil, dirt) with five percent or greater silt content shall be watered twice daily, enclosed, covered, or treated with non -toxic soil stabilizers according to manufacturers' specifications. b. All other active sites shall be watered twice daily. C. All grading activities shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if soil is being transported to off -site locations and cannot be controlled by watering. d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). e. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. Tmplt 03/08/11 Planning Commission Resolution No. 1861 Page 28 of 32 f. All vehicles on the construction site shall travel at speeds less than 15 mph. g. All diesel - powered vehicles and equipment shall be properly operated and maintained. h. All diesel - powered vehicles and gasoline - powered equipment shall be turned off when not in use for more than five minutes. j. The construction contractor shall utilize electric or natural gas - powered equipment instead of gasoline or diesel - powered engines, where feasible. Paved Roads k. All construction roads internal to the construction site that have a traffic volume of more than 50 daily trips by construction equipment, or 150 total daily trips for all vehicles, shall be surfaced with base material or decomposed granite, or shall be paved. I. Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads. M. Construction equipment shall be visually inspected prior to leaving the site and loose dirt shall be washed off with wheel washers as necessary. Unpaved Staging Areas or Roads n. Water or non -toxic soil stabilizers shall be applied, according to manufacturers' specifications, as needed to reduce off -site transport of fugitive dust from all unpaved staging areas and unpaved road surfaces. FIRE DEPARTMENT 46. Automatic fire sprinklers shall be required for all new construction that exceeds 5,000 square feet in size, is located more than 150 feet from an approved fire access road, and /or based on occupancy classification. The sprinkler system shall be monitored by a UL certified alarm service company. 47. All buildings may require a fire alarm system depending upon occupancy classification. 48. Fire hydrant(s) shall be provided every 300 feet along fire access road. The number and location of the fire hydrant shall be determined by the Fire Department. 49. Fire Department turnarounds shall have a minimum diameter of 80 feet with no parking allowed. 50. All elevators shall be gurney accommodating. Tmplt: 03/08/11 Planning Commission Resolution No. 1861 ___._..._.._._ Page 29 of 32 51. The use or storage of portable propane heaters is prohibited. Heaters for future outdoor areas shall be fixed and plumbed with natural gas. PUBLIC WORKS DEPARTMENT 52. The Final Tract Map shall be legible, scaled, dimensioned, and complete with all necessary pertinent information and details such as easement limits and descriptions; annotated lot lines, centerlines, and boundary lines; signature certificates; curve and line tables; etc. 53. The Final Tract Map shall be prepared on the California coordinate system (NAD88). Prior to Map recordation, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said Map in a manner described in the Orange County Subdivision Code and Orange County Subdivision Manual. The Final Tract Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 54. Prior to recordation, the Final Map boundary shall be tied onto the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9- 330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the City Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 55. A hydrology and hydraulic study and a master plan of water, sewer and storm drain facilities for the on -site improvements shall be prepared by the applicant and approved by the Public Works Department prior to Final Tract Map recordation. 56. Easements for public emergency and security ingress /egress, weekly refuse service, and public utility purposes on all private streets shall be dedicated to the City. 57. No structures shall be constructed within the limits of any utility easements. 58. All easements shall be recorded as a part of the Final Tract Map. 59. All applicable fees shall be paid prior to the City approval of the Final Tract Map. 60. 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. 61. Street, drainage and utility improvements shall be submitted on City standard improvement plan formats. All plan sheets shall be sealed and signed by the California licensed professionals responsible for the designs shown on the Plans. Tmplt 03/08/11 Planning Commission Resolution No. 1861 Paae 30 of 32 62. All improvements shall be designed and constructed in accordance with the current edition of the City Design Criteria, Standard Special Provisions, and Standard Drawings. 63. All storm drain and sanitary sewer mains shall be installed with MacWrap. 64. All runoff discharges shall comply with the City's water quality and on -site non -storm runoff retention requirements. 65. New concrete sidewalks, curbs, gutters, curb disabled access ramps, roadway pavement, traffic detector loops, traffic signal devices, and street trees shall be installed along the development's Coast Highway frontage. 66. Public improvements may be required along the development's Granville Drive frontage upon building permit plan check submittal. 67. All on -site drainage, sanitary sewer, water and electrical systems shall be privately owned, operated, and maintained. 68. All curb return radii shall be 5 -feet (5') minimum. 69. Each dwelling unit or bungalow building shall be served with an individual water service and sewer lateral connection. 70. All overhead utilities serving the entire proposed development shall be made underground. 71. ADA compliant curb ramps shall be installed within the interior parking area. 72. The intersection of the public streets, internal roadways, and drive aisle shall be designed to provide adequate sight distance 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. 73. Any damage to public improvements within the public right -of -way attributable to on- site development may require additional reconstruction within the public right -of -way at the discretion of the Public Works Inspector. 74. The parking lot and vehicular circulation system shall be subject to further review and approval by the City Traffic Engineer. Parking layout shall be per City Standard STD 805 -L -A and STD 805 -L -B. Parking layout shall be full dimensioned. On- street parking spaces shall be 8 feet wide by 22 feet long. Drive aisles to parking areas shall be 26 feet wide minimum. The one -way drive aisle adjacent to The Bungalow's Tmplt: 03/08/11 Planning Commission Resolution No. 1861 Paqe 31 of 32 concierge office and guest meeting building shall be 14 feet wide minimum with no parking, otherwise the drive aisle shall be widen to accommodate parking. 75. Cul -de -sacs shall comply with City Standard STD-1 02-L and STD -103 -1 and shall have a minimum diameter of 80 feet curb to curb. MITIGATION MEASURES 76. The applicant shall comply with all mitigation measures and standard conditions contained within the approved Mitigation Monitoring and Reporting Program of the adopted Mitigated Negative Declaration (Exhibit "A ") for the project. Tmplt: 03/08/11 Planning Commission Resolution No. 1861 Page 32 of 32 EXHIBIT "D" DEVELOPMENT AGREEMENT Tmplt: 03/08111