Loading...
HomeMy WebLinkAbout1862 - RECOMMEND ADOPTION OF MND AND APPROVAL OF GPA, PCDP, SD, LIMITED TERM PERMIT, AND DA FOR THE NBCC_1600 EAST COAST HIGHWAYRESOLUTION NO. 1862 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION NO. ND2010 -010 AND APPROVAL OF GENERAL PLAN AMENDMENT NO. GPA2008- 005, PLANNED COMMUNITY DEVELOPMENT PLAN ADOPTION NO PC2008 -001, SITE DEVELOPMENT REVIEW NO. SD2011- 003, LIMITED TERM PERMIT NO. XP2011 -005, AND DEVELOPMENT AGREEMENT NO. DA2010 -005 FOR THE NEWPORT BEACH COUNTRY CLUB PROPERTY LOCATED AT 1600 EAST COAST HIGHWAY (PA2008 -152) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by The Newport Beach Country Club, Inc., with respect to property located at 1600 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 golf clubhouse of the Newport Beach Country Club. The following approvals are requested or required in order to implement the project as proposed: a. A General Plan Amendment to increase the allowable development limit in Anomaly No. 74 in Statistical Area L1 (Newport Center /Fashion Island) of the General Plan Land Use Element by 21,000 gross square feet, from 35,000 to 56,000 gross square feet. b. A Planned Community Development Plan adoption to provide development standards and design guidelines for the golf course and its ancillary uses, pursuant to Chapter 20.35 of the Municipal Code. C. A Site Development Review to allow the construction of 54,819 square -foot golf clubhouse with the associate parking lot and maintenance facility, pursuant to the Section 4.3 of the Newport Beach Country Planned Community Development Plan. d. A Limited Term Permit (Temporary Structure and Uses) for the temporary use /structure during the clubhouse reconstruction, pursuant to Section 20.60.015 of the Municipal Code. e. 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 amendments to the General Plan and Zoning Code and construction of new non - residential development in Statistical Area L1 (Newport Center /Fashion Island). Planning Commission Resolution No. 1862 Paae 2 of 25 2. The application was deemed complete on October 23, 2008; 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 located within the Newport Country Club Planned Community (PC -47) Zoning District and the General Plan Land Use Element category of Parks and Recreation (PR). 4. The subject property is located within the coastal zone and has the Coastal Land Use Plan category Parks and Recreation (PR). 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 meeting. 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 October 7, 2010, and ending on November 8, 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. 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 a less than significant level. 4. 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. Tmplt 03108/11 Planning Commission Resolution No. 1862 Paae 3 of 25 SECTION 3. REQUIRED 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 the Statistical Area L1 of the General Plan Land Use Element. The Land Use Element designates the subject property Parks and Recreation (PR), which is intended for active public or private recreational use. Permitted uses include parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. The proposed redevelopment of the golf clubhouse consistent with the proposed alternative planned community development plan thereby would be consistent with this designation. b. The General Plan limits total development on the subject site to 35,000 square feet per Anomaly No. 74. A general plan amendment to increase the maximum floor area to 56,000 square feet, a net increase of 21,000 square feet, is proposed in order to accommodate the proposed new golf clubhouse. C, General Plan Policy LU 3.2 encourages the enhancement of existing neighborhoods, districts, and corridors, by allowing for re -use and infill with uses that are complementary in type, form, scale, and character. The policy states that changes in use and /or density /intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. The proposed General Plan Amendment for increased intensity is consistent with General Plan Policy LU 3.2 as follows: 1. The increased intensity does not impact Newport Beach's share of projected regional population growth. The existing golf clubhouse was constructed in the 1950's and no longer meets the needs of its membership or the Newport Beach Community. National and international golf tournaments are held at the Newport Beach Country Club as well as numerous local and regional charitable events which distinguish Newport Beach from other destinations in the southern California area. The reconstruction and modernization of the clubhouse will enable the Newport Beach Country Club to retain its reputation as a world class sporting venue. Tmplt: 03/08 /11 Planning Commission Resolution No. 1862 Page 4 of 25 2. The increase in intensity would enhance the values that distinguish Newport Beach as a special place to live for its residents. The proposed reconstruction represents a significant investment to upgrade an aging facility with modern amenities for Newport Beach Country Club members and the greater Newport Beach community during special events, while retaining both active and passive open space in an urban environment. d. General Plan Policy LU 5.6.1 requires that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors. An alternative planned community district development plan has been prepared that contains development regulations ensuring compatibility with the surrounding uses. The project, therefore, is consistent with this policy. e. General Plan Policy 6.14.4 reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hill Roads, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along Coast Highway. The proposed General Plan Amendment for increased intensity is consistent with General Plan Policy LU 6.14.4 in that the proposed reconstruction of the golf clubhouse will allow for the expansion of an existing use allowed by the Land Use Element o f the General Plan. The proposed alternative planned community district development plan adheres to the original design concept for Newport Center by not creating a building that is exceedingly high in the lower area along Coast Highway. The golf clubhouse building height will not exceed the nonresidential, nonshoreline 32/50 -foot height limit area. f. The Coastal Land Use Plan designates the subject site as Parks and Recreation (PR) and is consistent with the General Plan Land Use designation. The adoption of the amendment to the planned community development plan 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 golf clubhouse of the Newport Beach Country Club will continue to provide visitor - serving and recreational facilities as required by Policy 2.3.2 -2. The proposed redevelopment of the project site is therefore consistent with the Coastal Land, Use designation. g. 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 Tmpit: 03/08111 Planning Commission Resolution No. 1862 Paae 5 of 25 Community Development Plan (development regulations), was not adopted when the PC District zoning designation was assigned to the subject property. h. A planned community development plan (PCDP) is proposed for the Golf Club site and not to include the entire area within the area designated of PC 47. The PCDP contains necessary development regulations to accommodate the applicant's project. 2. Charter Section 423 Analysis — Charter Section 423 requires that all proposed General Plan Amendments be reviewed to determine if the square footage (for non - residential projects), peak hour vehicle trip, or dwelling units thresholds would be exceeded as the means to determine whether a vote by the electorate would be required to approve the General Plan Amendment. The subject property is located within Statistical Area L1 of the General Plan Land Use Element. There are no prior general plan amendments to this statistical area since 2006 when the General Plan Update was adopted. The proposed General Plan amendment would be the first amendment for this statistical area and would result in an increase of 21,000 gross square feet (GSF) of non - residential floor area. No increase in residential development is being proposed. There would be no increase to A.M. nor P.M. peak hour trip as the overall size of the golf course remains the same and the proposed clubhouse does not have separate trip rates and ITE predicts traffic based upon the number of acres and not floor area. Pursuant to Council Policy A -18, voter approval is not required as the proposed General Plan Amendment represents an increase of 21,000 square feet, no increase in residential development, and no increase to A.M. nor P.M. peak hour trip. The project, therefore, does not exceed Charter Section 423 thresholds as to require a vote of the electorate. 3. Site Development Review - The project consists of 54,819 square foot clubhouse with associate parking lot and maintenance facility. Pursuant to Section 4.3 of the PCDP, the following findings and facts in support of such findings are set forth: Finding: A. The Site Development Plan shall be in compliance with all other provisions of the PCDP (Newport Beach Country Club Planned Community Development Plan). Facts in Support of Finding: A -1. The PCDP provides a requirement that a site development review process be completed for construction of any new major building structure located on the subject site and would require consideration and approval by the Planning Commission prior to the issuance of grading or building permits. A site development review application has been submitted for the construction of the golf clubhouse and meets provisions stated in the PCDP in that and thereby meets the intent specified in Section 20.52.080 (Site Development Reviews) of the Municipal Code. Tmpit: 03/08/11 Planning Commission Resolution No. 1862 Paqe 6 of 25 A -2. The proposed site development plan is in compliance with all provisions of the PCDP as the proposed development complies with all development criteria specified in the PCDP. 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 golf course is an existing use that has been in place since the 1950's. The reconstruction and modernization of the golf clubhouse will enable the golf course to retain its reputation as a world class sporting venue. The reconstruction represents a significant upgrade to an aging facility with modern amenities for its members and also to the greater Newport Beach community during special events, while retaining both active and passive open space in an urban environment. B -2. The proposed placement of the golf clubhouse and support uses will be within the same general location as the existing buildings. An open, landscaped area will remain between the porte - cochere and the adjacent tennis club facility. The elevation of the proposed development located on the adjacent Tennis Club site is higher than the golf club property, and combined with the significant separation from the proposed clubhouse, an adequate visual buffer between the two properties will be provided. The golf course has been designed and the buildings have been sited to compliment topography of the area and the variety of uses found within the Newport Center /Fashion Island area. The development will not constitute a hazard to the public convenience, health, interest, safety or general welfare for persons residing or working in the neighborhood of the facility. 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 Findinq: C -1. The proposed clubhouse will be 46 feet in height, within the maximum permitted building height of 50 feet. The proposed detailed architectural plans illustrate the clubhouse's building height, mass and design and demonstrate the project's compatibility with existing development and the City's adopted policies and standards. The edge of the porte - cochere will be set back approximately 165 feet from the proposed adjacent development. A proposed wrought iron fence along East Coast Highway and significant landscaping of the frontage and parking lot promote Tmplt 03/08/11 Planning Commission Resolution No. 1862 Paqe 7 of 25 compatibility and will allow unobstructed views of the golf course, thereby providing an aesthetic benefit view along Coast Highway. The entry drive has been enhanced with the addition of a landscaped median, sidewalks on both sides and a landscape buffer between the sidewalks and the road. The entry design with enhanced medians and mature trees presents a more upscale aesthetic appearance and compatible with the community. 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. As proposed, entry driveway will be widened to align with the street portion south of East Coast Highway, thereby providing improved access to the site. Pedestrian access along entry driveway will be enhanced with sidewalks on both sides of the road. The porte - cochere entrance to the clubhouse is designed to provide enhanced circulation for bag drops and vehicular access to the parking area. A separate banquet drop -off and pick -up areas are proposed to improve circulation throughout the parking lot. The design of the parking area features will greatly improve circulation and provide adequate parking to accommodate the needs of members and guests. The proposed site plan also provides access to the adjacent Tennis Club site. D -2. The application includes two site plan alternatives to address the existing frontage road easement that presently provides access from the signalized intersection to the abutting Armstrong Nursery property. Should the frontage road remain, the existing entrance to the frontage road from Irvine Terrace will be moved approximately 60 feet farther away from Coast Highway to provide safer ingress and egress. Should the easement be terminated the alternate plan eliminates the frontage road easement thereby allowing increased landscaping along Coast Highway. In any case, road and access improvements provide additional safety to members and guests of the golf club. 4. Development Agreement — Municipal Code Section 15.45.020.A.2.c (Development Agreement Required) requires a development agreement as the project includes amendments to the General Plan and Zoning Code and construction of new non- residential development in Statistical Area L1 (Newport Center /Fashion Island). The development agreement includes all the mandatory elements for consideration and the public benefits are appropriate benefits to support conveying the vested development rights. Tmplt: 03/08/11 Planning Commission Resolution No. 1862 Page 8 of 25 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 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 of the City of Newport Beach 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 approve General Plan Amendment No. GP2008 -005 to increase the maximum allowable development limit in Anomaly No. 74 in Statistical Area L1 (Newport Center /Fashion Island) of the General Plan Land Use Element by 21,000 gross square feet (from 35,000 square feet to 56,000 square feet), 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 amend Planned Community Development Plan No. PD2008 -001 to increase the size of the golf clubhouse from 35,000 to 56,000 square feet and to provide zoning development standards and design guidelines for the Golf Course and its ancillary uses, as depicted in Exhibit "C" attached hereto and incorporated by reference. 5. The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Limited Term Permit No. 2011 -005 and Site Development Review No. SD2011 -003, subject to the conditions set forth in Exhibit "D" 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. 2010 -005 as attached as Exhibit „E„ Tmpit: 03/08/11 Planning Commission Resolution No. 1862 Page 9 of 25 PASSED, APPROVED AND ADOPTED THIS 17TH OF NOVEMBER, 2011. AYES: Ameri, Hillgren, and Toerge NOES: Hawkins and Kramer ABSTAIN: Myers ABSENT: None. Micftaerroerge, cj6n, Secretary Tmpll: 03/08111 Planning Commission Resolution No. 1862 Paqe 10 of 25 EXHIBIT "A" MITIGATION MONITORING AND REPORTING PROGRAM SC /MM Method of Timing of No. I Mitigation Measure Verification Implementation I Res onsibilit 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. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating SC -1 Engineering Society of North America, or, if in Approval of Prior to issuance of Planning the opinion of the Planning Director, the photometric study building permit Division 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 excessi ely illuminated. Agricultural and Forest Resources No significant impacts are anticipated and no mitigation measures are required. Air ualit Adherence to SCAQMD Rule 402, which prohibits air contaminants or other materials that cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the Periodic monitoring During construction Community SC -2 public, or which endanger the comfort, repose, during construction activities Development health, or safety of any such persons or the Department public, or which cause, or have a natural tendency to cause injury or damage to business or ro ert to be emitted within the SoCAB. Adherence to SCAQMD Rule 403, which sets requirements for dust control associated with Periodic monitoring During construction Community SC -3 grading and construction activities. during construction activities Development Department Adherence to SCAQMD Rules 431.1 and 431.2, periodic monitoring During construction Community SC -4 which require the use of low sulfur fuel for during construction activities Development stationary construction equipment. Department SC -5 Adherence to SCAQMD Rule 1108, which sets Periodic monitoring During construction Community Development limitations on ROG content in asphalt. during construction activities Department Adherence to SCAQMD Rule 1113, which sets Periodic monitoring During construction Community SC -6 limitations on ROG content in architectural during construction activities Development coatings. Department Adherence to ']'file 24 energy- efficient design requirements as well as the provision of window Submit evidence of SC -7 glazing, wall insulation, and efficient ventilation compliance during Prior to issuance of Building methods in accordance with the requirements of building plan check building permits Division the Uniform Building Code. process Biological Resources No significant impacts to biologic I resources are anticipated and no mitigation measures are required Cultural Resources SC -8 A qualified archaeological /paleontological I Submit proof of Prior to issuance of Planning monitor shall be retained by the project applicant ualit ed qradinct vermit Division Tmplt: 03/08/11 Planning Commission Resolution No. 1862 Page 11 of 25 SC /MM Method of Timing of No. Mitigation Measure Verification Implementation Responsibility who will be available during the grading and archaeological/ landform alteration phase and shall be contacted paleontological if cultural resources are encountered. In the monitor event that cultural resources and /or fossils are encountered during construction activities, ground- disturbing excavations in the vicinity of the discovery shall be redirected or halted by the monitor until the find has been salvaged. The area surrounding any cultural materials or fossils encountered during grading shall also be investigated to determine the extent of the site. Any artifacts and /or fossils discovered during project construction shall be prepared to a point of identification and stabilized for long -term storage. Any discovery, along with supporting documentation and an itemized catalogue, shall be accessioned into the collections of a suitable repository. Curation costs to accession any collections shall be the responsibility of the project applicant. The City shall provide an opportunity for a Native American representative to monitor excavation Submit proof of MM -1 activities. The representative shall be determined Native American Prior to issuance of Planning b the City ased on input from concerned Native y y p observer grading permit Division American tribes (i.e., Gabrielino, Juaneho, and Ton vas. Geolog r and Soils Prior to issuance of the grading permit, an Approval of erosion Prior to issuance of Building MM -3 erosion control plan shall be submitted to and 's control plan grading permit Division approved b the Cil Chief Building Official. Prior to issuance of a grading permit, the applicant shall submit a soils engineering report and final geotechnical report to the City's Chief Building Official for approval. The project shall be designed to incorporate the Submittal of soils MM -4 recommendations included in those reports that engineering report Prior to issuance of Building address site grading, site clearing, compaction, and final grading permit Division bearing capacity and settlement, lateral geotechnical report pressures, footing design, seismic design, slabs on grade, retaining wall design, subdrain design, concrete, surface drainage, landscape maintenance, etc. Greenhouse Gas Emissions Submit evidence of SC -9 All new buildings shall meet Title 24 compliance during Prior to issuance of Building requirements. building plan check building permit Division process Water conservation design features shall be Submit evidence of Prior to issuance of Planning Division and SC -10 incorporated into building and landscape compliance building permit Public Works designs. Department Hazards and Hazardous Materials Prior to any disturbance of the construction materials within the Golf Clubhouse and /or the Submit ACM and Prior to issuance of Building SC -11 Tennis Clubhouse, a comprehensive asbestos LBP survey and site demolition permit for Division containing materials (ACM) and lead based paint inspection buildings LBP survey shall be conducted. Any repairs, Tmplt: 03/08/11 Planning Commission Resolution No. 1862 Paae 12 of 25 SC /MM Method of Timing of No. Mitigation Measure Verification Implementation Responsibility 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 be tested prior to demolition or renovation. Proper safety procedures for the handling of suspect ACM and LBP shall be followed in accordance with federal, state and local regulatory requirements federal and California Occupation Safety and Health Administration (OSHA), and Air Quality Management District (AQMD) Rule 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 California Code of Regulations Section 1532.1, which provides for exposure limits, exposure monitoring, respiratory Periodic monitoring SC -12 protection, and good working practice by during demolition During demolition, Building workers exposed to lead. Lead - contaminated R and site inspection grading and excavation Division debris and other wastes shall be managed and disposed of in accordance with the applicable provision of the California Health and Safety Code. Hydrology and Water Quality The applicant has prepared a Conceptual WQMP that identifies a range of BMPs and related water quality features to ensure that water quality impacts associated with the proposed project are reduced to an acceptable level. In addition, implementation of BMPs that will be included in the SWPPP will ensure that construction impacts are minimized. Similarly, BMPs will also be refined and incorporated into the project design to avoid post- constnrclion impacts to water quality. Therefore, no significant impacts are anticipated and no mitigation measures are required. Land Use and Planning No significant impacts are anticipated and no mitigation measures are required. Mineral Resources No significant impacts are anticipated and no mill ation measures are required. Noise During construction operations, the applicant or contractor shall provide evidence to the City that Submit construction During construction Building MM -5 all construction equipment, stationary and schedule and site operations Division mobile is equipped with properly operating and inspection maintained muffling devices. Prior to issuance of a grading permit, the applicant or contractor shall prepare.. a Construction Management Plan (CMP), which MM -6 confirms that potential project - related and Submit construction Prior to issuance of Building cumulative construction noise levels are management plan grading permit Division minimized and do not exceed levels prescribed in the City's Noise Ordinance. The CMP shall include a requirement that the construction Tmplt: 03/08/11 Planning Commission Resolution No. 1862 Page 13 of 25 SC /MM Method of Timing of No. Mitigation Measure Verification Implementation Res onsibility contractor must notify the nearby residents of the construction schedule for the proposed project, and shall keep them informed on any changes to the schedule. The notification shall also identify the name and phone number of a contact person in case of complaints. The contact person shall take all reasonable steps to resolve the complaint. Prior to occupancy, heating, venting, and air _ conditioning (HVAC) equipment in or adjacent to Submit evidence residential areas shall be shown by computation, HVAC equipment based on the sound rating of the proposed sound rating MM -7 equipment, not to exceed an A- weighted sound (adjacent to Prior to issuance of Building pressure level of fifty (50) dBA or not to exceed an residential areas) building permit Division A- weighted sound pressure level of fifty -five (55) during building plan dBA and be installed with a timing device that will check process deactivate the equipment during the hours of 10:00 p.m. to 7:00 a. m. Population and Housing No significant impacts are antici ated 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. Traffic and Circulation Prior to issuance of grading permits for the proposed project by the long -term lease holder and /or the redevelopment of the adjacent tennis complex as proposed by the underlying property owner, whichever occurs first, the circulation conflict at Irvine Terrace /Country Club Drive shall be resolved by one of the following methods. a. The proposed project shall be modified to shift Country Club Drive approximately 30 feel to the south to accommodate the tennis Submittal of Planning MM -8 complex redevelopment plan; or modified circulation Prior to issuance of Division and plan grading permit Public Works b. The bungalow units proposed adjacent to Department the site on the north side of Country Club Drive proposed by the property owner as part of application PA 2005 -140 shall be modified, reoriented, reduced, or shifted to the north to avoid the road in its current alignment; or c. Some combination or modification of both plans shall be devised that would reconcile the discrepancy between the two plans. Prior to the issuance of a grading permit, the Planning existing access easement shall be revised so as Submittal of revised Prior to issuance of Division and MM -9 to relocate its intersection with Irvine Terrace 85 access easement grading permit Public Works feet northerly of where it currently exists. The Department new location shall be approved b the City Tmplt: 03108111 Planning Commission Resolution No. 1862 Paae 14 of 25 SC /MM Method of Timing of No. Mitigation Measure Verification Implementation Res onsibilit Traffic Engineer prior to recordation. Prior to the issuance of a grading permit, the applicant or Contractor shall submit a Construction Staging, Parking and Traffic Control Plan for approval by the Public Works Department, which shall address issues pertaining to potential traffic conflicts during peak traffic periods, potential displacement of on- street parking, and safety. This plan shall identify the proposed construction staging area(s), construction crew parking area(s), estimated number and types of vehicles that will occur during that phase, the proposed arrival /departure routes and operational safeguards (e.g. flagmen, barricades, etc.) and hourly restrictions, if necessary, to avoid traffic conflicts during peak traffic periods and ensure safety. If necessary, the Construction Staging, Approval of construction Prior to Planning MM -10 Parking and Traffic Control Plan shall staging, parking commencement of Division and provide for an off -site parking lot for and traffic control each major phase of Public Works construction crews which will be shuttled to plan construction Department and from the project site at the beginning and end of each day until such time that the project site can accommodate off - street construction vehicle parking. The plan shall identify all construction traffic routes, which shall avoid narrow streets unless there is no alternative, and the plan shall not include any streets where some form of construction is underway within or adjacent to the street that would impact the efficacy of the proposed route. Dirt hauling shall not be scheduled during weekday peak hour traffic periods. The approved Construction Staging, Parking and Traffic Control Plan shall be implemented throughout each major construction nhase. Utilities and Service Systems No significant impacts are antici ated and no mitigation measures are required. Tmplt: 03/08/11 Planning Commission Resolution No. 1862 Page 15 of 25 EXHIBIT "B" REVISED TABLE LU2 ANOMALY LOCATIONS Anomaly Statistical Land Use Development City Hall, and the administrative offices of Number Area Designation Limit (so Development Limit (Other) Additional Information -- "MIT. parking, pursuant to Section 425 of the 74 L1 PR City Charter. Tmplt: 03/08/11 City Hall, and the administrative offices of 75 Lt PF the City of Newport Beach, and related parking, pursuant to Section 425 of the City Charter. 1.0 FAR permitted, provided all four legal 76 Ht CO -G 0.5 FAR lots are consolidated into one parcel to provide unified site design 77 H4 CV 240,000 157 Hotel Rooms (included in total square footage) 78 B5 CM 139,840 Development limit of 19,905 sq.ft. 79 H4 CG 0.3/0.5 permitted, provided all six legal lots are consolidated into one parcel to provide unified site design Tmplt: 03/08/11 Planning Commission Resolution No. 1862 Paae 16 of 25 EXHIBIT "C" NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY DEVELOPMENT PLAN Tmpi(: 03/08/11 Planning Commission Resolution No. 1862 Pace 17 of 25 EXHIBIT "D" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) COMMUNITY DEVELOPMENT DEPARTMENT 1. Development shall be in substantial conformance with Site Development Review No. SD2011 -003 and Limited Term Permit No. XP2011 -005, stamped and dated with the date of this approval (Except as modified by applicable conditions of approval.) 2. Site Development Review No. SD2011 -003 is approved for the golf course and the construction of an approximately 54,820 square -foot golf clubhouse with the associate parking lot and maintenance facility. 3. Limited Term Permit No. XP2011 -005 is approved for the use of three (3) temporary modular buildings to accommodate on -going golf course%lub operation during the 36- month construction of new golf clubhouse. The modular buildings shall be located on the golf course, shall not interfere with the construction activities or parking, and shall be removed from the golf course site upon completion /occupancy of the new clubhouse. 4. Site Development Review No. SD2011 -003 and Limited Term Permit No. XP2011 -005 shall expire unless exercised within the term of Development Agreement No. 2010 -005, unless an extension is otherwise granted. 5. The preferred parking lot design includes the 20 -foot frontage road that provides one -way egress from the Armstrong Nursery site, located adjacent to and immediately west of the project site, to the entry driveway of the project site. 6. Any substantial change to the approved plans, shall require an amendment to Site Development Review No. SD2011 -003 and /or Limited Term Permit No. XP2011 -005 or the processing of new permits. 7. A minimum of 334 parking spaces shall be provided and maintained for the Golf Course and its clubhouse. The design of the parking lot may be modified provided it meets applicable safety and design regulations or standards as determined by the City Traffic Engineer. The final parking lot layout including the orientation of the drive aisles and parking spaces shall be subject to the review and approval by the Community Development Director, with appropriate notification to the Planning Commission and City Council. 8. 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. Tmplt 03/08/11 Planning Commission Resolution No. 1862 Page 18 of 25 9. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 10. 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. 11. 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. 12. 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 permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 13. 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. 14. Prior to the 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. 15. Reclaimed water shall be used for all landscape areas to the maximum extent practicable recognizing that potable water is necessary in some areas of the golf course. Water for landscaped areas shall be used in accordance with the agreement between the Orange County Water District, the City of Newport Beach, and the Newport Beach Country Club, dated December 18, 1996. Potable water may be used consistent with approvals from the City of Newport Beach, at mutually agreeable times. 16. Water leaving the project site due to over - irrigation of landscape shall be minimized to maximum extent feasible. Tmpit: 03/08/11 Planning Commission Resolution No. 1862 Page 19 of 25 17. Watering of landscape areas shall be done during the early morning or evening hours (between 4:00 p.m. and 9:00 a.m.). 18. Water shall not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 19. Prior to issuance of any permit for development, approval from the California Coastal Commission shall be required. 20. 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: 21. 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. 22. 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). 23. Storage outside of buildings or within the parking lot of the property shall be prohibited, with the exception of the required trash container enclosure. Outdoor storage of golf course - related equipment and supplies shall be permitted within the screened maintenance yard. 24. A Special Event 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. Tmplt: 03/08111 Between the hours of 7:OOAM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior _ Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial property 45dBA 6OdBA 45dBA 50dBA Mixed Use Property 45dBA 6OdBA 45dBA 5OdBA Commercial Property N/A 65clBA NIA 60dBA 21. 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. 22. 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). 23. Storage outside of buildings or within the parking lot of the property shall be prohibited, with the exception of the required trash container enclosure. Outdoor storage of golf course - related equipment and supplies shall be permitted within the screened maintenance yard. 24. A Special Event 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. Tmplt: 03/08111 Planning Commission Resolution No. 1862 Paa e 20 of 25 25. 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. 26. 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. 27. 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. 28. The site shall not be excessively illuminated based on the outdoor lighting standards contained within Section 20.30.070 of the Zoning 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. 29. Prior to the issuance of building permits 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. 30. Prior to issuance of the certificate of occupancy or final of building permits the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of all lighting sources. 31. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform Mechanical Code and with pollution control units to filter and control odors. 32. The construction and equipment staging area 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. 33. A screen and security fence that is a minimum of six feet high shall be placed around the construction site during construction. 34. Construction equipment and materials shall be properly stored on the site when not in use. 35. 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. Tmplt: 03/08/11 Planning Commission Resolution No. 1862 Pape 21 of 25 36. 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 General Plan Amendment No. GP2008 -005, Planned Community Development Plan Amendment No. PC2008 -001, Development Agreement No. DA2010 -005, Limited Term Permit No. XP2011 -005, Mitigated Negative Declaration No. ND2010 -010, and Site Development Review No. SD2011- 003.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. 37. 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. 38. 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 NO[ 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. 39. 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 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. 40. The applicant shall comply with SCAQMD Rule 403 requirements as follows: Land Clearing /Earth- Moving Tmplt 03/08/11 Planning Commission Resolution No. 1862 Paae 22 of 25 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. G. 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. 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. 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. Tmpit: 03/08/11 Planning Commission Resolution No. 1862 Page 23 of 25 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 41. 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. 42. All buildings may require a fire alarm system depending upon occupancy classification. 43. 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. 44. Any automatic gates shall require a "Knox" key switch and an approved remote opening device. Minimum width of access shall be 14 feet. 45. All elevators shall be gurney accommodating. 46. The use or storage of portable propane heaters is prohibited. Heaters for future outdoor areas shall be fixed and plumbed with natural gas. MUNICIPAL OPERATIONS DEPARTMENT 47. The applicant shall conduct a cross - connection shut down test annually with the Orange County Health Department, City and State Health Department due to recycled water on the premises. Documentation of successful tests shall be submitted to the Municipal Operation Department within 30 days of the test. PUBLIC WORKS DEPARTMENT 48. All runoff discharges shall comply with the City's water quality and on -site non -storm runoff retention requirements. 49. Traffic signal modifications may be needed to the existing traffic signal at the intersection of Irvine Terrace /East Coast Highway due to the modified main entry, including but not limited to new traffic signal poles, loop detection, conduit, striping, etc. The applicant is responsible for costs associated with the design and installation of all traffic signal modification improvements. The limits and extent of work will be determined based on the final approved Irvine Terrace /Coast Highway entry configuration. Tmplt: 03/08/11 Planning Commission Resolution No. 1862 Page 24 of 25 50. All on -site drainage, sanitary sewer, water, and electrical systems shall be privately owned, operated, and maintained. 51. The parking lot and vehicle circulation system shall be subject to further review by the City Traffic Engineer. Parking lot layout shall comply with City Standard STD - 805 -L -A and STD - 805 -L -B. Main driveways, service access, and driveways to parking areas shall be controlled by appropriate signage (i.e. stop signs). 52. All improvements shall be constructed as required by Ordinance and the Public Works Department. 53. 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. 54. An encroachment permit is required for all construction activities within the public right - of -way. 55. An encroachment agreement is required for all private encroachments in the public right -of -way. All private encroachments shall comply with City Council Policy L -6, Private Encroachments in the Public Right -of -Way. 56. 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. 57. ADA compliant curb ramps shall be installed at all intersections on Irvine Terrace, Coast Highway and within the interior parking area. 58. The domestic water supply shall have a separate water meter and back flow preventer. The domestic water proposed off of the water main on Irvine Terrace shall have a water meter and back flow preventer. Identify the size of the proposed domestic water line. MITIGATION MEASURES 59. 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. TmpiC 03/08/11 Planning Commission Resolution No. 1862 Page 25 of 25 EXHIBIT "E" DEVELOPMENT AGREEMENT Tmplt: 03/08/11