Loading...
HomeMy WebLinkAbout1921 - RECOMMEND ADOPTION OF MND ND2013-001, APPROVAL OF GP2012-005, LC2013-001, CA2012-008, SD2013-001, AND NT2013-001 - 3303 AND 335 VIA LIDORESOLUTION NO. 1921 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. ND2013 -001, APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2012 -005, COASTAL LAND USE PLAN AMENDMENT NO. LC2013- 001, ZONING CODE AMENDMENT NO. CA2012 -008, SITE DEVLOPMENT REVIEW NO. SD2013 -001, AND TENTATIVE TRACT MAP NO. NT2013 -001 FOR PROPERTIES LOCATED AT 3303 AND 3355 VIA LIDO (PA2012 -146) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by DART Development Group, with respect to property located at 3303 and 3355 Via Lido, and legally described as Lots 1201 to 1204 together with that portion of the adjoining alley of Tract 907, as shown on the map recorded in Book 28, Pages 25 to 36, inclusive, of Miscellaneous Maps, records of Orange County, California, together with that portion of Lots 4 and 5 of Tract 1117, in the city of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 35, Page 48 of Miscellaneous Maps, records of Orange County, California, together with a portion of the 20 foot alley adjoining said Lots 4 and 5 as abandoned by resolution of the City Council of Newport Beach on February 4, 1946, a certified copy of said resolution being recorded March 11, 1946 in Book 1400, Page 149 of Official Records, requesting approval of a General Plan amendment (GPA), Coastal Land Use Plan (CLUP) amendment, Zoning Code amendment, site development review, and tentative tract map. 2. The proposed project consists of the demolition of a 3 -story commercial building, a single -story church building (First Church of Christ, Scientist), and a 56 -space surface parking lot to accommodate the development of 23 townhouse -style multi- family condominium units on a combined 1.2 acre site. 3. The General Plan Land Use Element category of the subject property at 3303 Via Lido is Private Institutions (PI, 0.75 FAR). The General Plan Land Use Element category of the subject property at 3355 Via Lido is Multiple -Unit Residential (RM, 20 du /ac). 4. The requested change of the General Plan designation of 3303 Via Lido is from Private Institutions (PI, 0.75 FAR) to Multiple -Unit Residential (RM, 20 du /ac) (General Plan Amendment No. GP2012 -005). Planning Commission Resolution No. 1921 Page 2 of 32 5. Council Policy A -18 requires that proposed General Plan amendments be reviewed to determine if a vote of the electorate would be required pursuant to Section 423 of the City Charter. If a General Plan Amendment (separately or cumulatively with other GPA's within the previous 10 years) generates more than 100 peak hour trips (AM or PM), adds 40,000 square feet of non - residential floor area, or adds more than 100 dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the GPA. 6. This is the fourth General Plan Amendment that affects Statistical Area 85 since the General Plan update in 2006. The amendment results in seven additional dwelling units and there is no change in square- footage of non - residential floor area. The seven additional units result in an overall decrease in a.m. and p.m. peak hour trips based on the residential /condominium townhouse trip rates provided in Council Policy A -18. Including 80 percent of prior General Plan amendments results in a total increase of 16,275 square feet of nonresidential floor area, 49 a.m. peak hour trips, 65 p.m. peak hour trips, and nine residential dwelling units for Statistical Area B5. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve General Plan Amendment No. GP2012 -005. 7. The subject property is located within the coastal zone. The Coastal Land Use Plan category of 3303 Via Lido is Private Institutions (PI -B) and the Coastal Land Use Plan category of 3355 Via Lido is Multiple -Unit Residential (RM -D). 8. The requested change to the Coastal Land Use category is consistent with the recommended General Plan Amendment for 3303 Via Lido from Private Institutions (PI -B) to Multiple -Unit Residential (RM -D). The CLUP amendment (LC2013 -001) will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. 9. The Zoning designation of 3303 Via Lido is Private Institutions (PI, 0.75 FAR) and the Zoning designation of 3355 Via Lido is Multi -Unit Residential (RM, 2178). 10. The requested change of the Zoning District designations for both portions of the project site are to the PC- Planned Community Zoning District (Zoning Code Amendment No. CA2012 -008). The application includes the adoption of the Lido Villas Planned Community that will provide land use and development standards for the construction and operation of a 23 -unit condominium development. A waiver of the 10 acre (developed) minimum site area is requested as part of the establishment of the PC Zoning District. The resulting density under the PC Zoning District would be equivalent to the density allowed under the RM 2178 designation and would allow for a maximum of 23 dwelling units on -site (20 dwelling units per acre). 11. An informational meeting was held on August 22, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Tmplt: 05/16/2012 Planning Commission Resolution No. 1921 Page 3 of 32 Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 12. A public hearing was held on September 5, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, 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 July 12, 2013, and ending on August 13, 2013. The environmental document and comments on the document were considered by the Planning Commission in its review of the proposed project. 3. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are attached as Exhibits "A" and "B ", respectively. The documents and all material, which constitute the record upon which this decision was based, are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California. 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 a less than significant level. SECTION 3. REQUIRED FINDINGS. 1. Amendments to the General Plan, Coastal Land Use Plan, and Zoning Code are legislative acts and neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. However, amendments of the Coastal Land Use Plan must be found consistent with the Coastal Act to be certified by the California Coastal Commission. 2. The requested GPA and resulting land use change is compatible with the existing surrounding uses and planned land uses identified by the General Plan because the project would introduce residential land uses on a property that abuts 3355 Tmplt: 05/16/2012 Planning Commission Resolution No. 1921 Paae 4 of 32 Via Lido, which is already designated for residential land use. Additionally, the proposed amendment from PI to RM will be compatible with adjacent residential properties to the east, religious institutional use to the south, and commercial uses to the west. 3355 Via Lido is an unusually shaped parcel and the proposed amendment will create a larger shaped parcel making development more efficient. The Lido Village Subarea has been characterized by underperforming retail uses within the past decade and additional residential units would support commercial properties within the area. 3. The requested GPA from PI to RM does not eliminate existing or future land uses to the overall detriment of the community given the site's small size, location, and surrounding uses. The site is developed with buildings designed for a religious institution and the site does not provide adequate parking and is reliant upon off - site and public street parking. Maintaining the site's PI land use designation would maintain the existing religious institutional use, which is not considered a traditional visitor — serving use, and maintain the inadequate parking arrangement. The existing buildings would require extensive alterations to accommodate other potential visitor - serving uses or other institutional uses under the existing PI land use designation. 4. The requested GPA and resulting land use change is consistent with other applicable land use policies of the General Plan. Consistent with General Plan Policy 6.9.1 (Priority Uses) for Lido Village, the project site is located in an area of Lido Village where multi - family uses are planned and encouraged. The size, density and character of the proposed dwelling units complement the existing land uses in the project area and include design elements consistent with Land Use Element Policy 5.1.9 (Character and Quality of Multi- Family Residential) that require multi - family dwellings to be designed to convey a high quality architectural character. Consistent with General Plan Policy LU 6.2.1 (Residential Supply), the provision of 23 townhomes on the site would help the City meet its regional housing needs. 5. The requested CLUP amendment is necessary to maintain consistency with the recommended GPA. The CLUP amendment is consistent with other applicable policies of the CLUP related to land use, public access, and resource protection. The project would not limit the potential to place coastal - development and coastal - related land uses within Lido Village given the site's location and existing adjacent and planned uses. The site is separated from Newport Bay by Via Lido and private development and the majority of the site is designated for residential use. The site is also separated from nearby commercial uses by public roadways with the exception of the small commercial property to the north of the project site. The site does not provide public access to the coast and development will reduce demand for public parking with the elimination of the existing religious institutional use that does not provide off - street parking. The proposed Planned Community (PC) Zoning would apply appropriate site and project specific setbacks and height limits to the project site given the site's urban location and Tmpll: 05/16/2012 Planning Commission Resolution No. 1921 Paae 5 of 32 all required parking is provided on -site. The site is fully developed and does not support any natural resources and all potential environmental impacts associated with the project are appropriately addressed through standard building permit procedures and the mitigation measures identified in the Mitigated Negative Declaration. 6. The requested Zoning Code Amendment to establish a Planned Community Development Plan will provide appropriate land use regulations and development standards ensuring that the project will meet the goals, objectives, and policies of the General Plan, CLUP, and purpose of the PC district. Despite the requirement that PC's be 10 acres to take advantage of larger -scale comprehensive planning, the 1.2 -acre Lido Villas Planned Community provides for a coordinated and comprehensive project establishing an urban standard more consistent with the project's location within the larger commercial and mixed -use Lido Village area. The Multiple -Unit Residential (RM) development standards reflect a suburban standard and establishing urban standards through a Planned Community are necessary in order to better integrate the proposed project with the surrounding area. Larger scale, comprehensive planning for Lido Village has been accomplished through the recently approved Lido Village Design Guidelines, and thus, a waiver of the 10 acre area requirement for the establishment of a Planned Community is appropriate for the proposed project under these circumstances. 7. The future development of the property affected by the proposed amendments will be consistent with the goals and policies of the Land Use Element of the General Plan and the Coastal Land Use Plan; and will be consistent with the purpose and intent of the proposed Lido Villas Planned Community (PC) Zoning District of the Newport Beach Municipal Code. Site Development Review A site development review is required for the construction of five or more residential units processed in conjunction with a tentative tract map. The site development review analyzes the project as a whole for compatibility with the site and surrounding land uses. In accordance with Section 20.52.080 (Site Development Review) of the Zoning Code, the following findings and facts in support of a site development review are set forth: Finding: A. Allowed within the subject Zoning district; Facts in Support of Finding: A -1. The proposed Site Development Review for a 23 -unit condominium project is consistent with the proposed Lido Villas Planned Community that would allow 23 residential units. Tmplt: 0 5/1 612 01 2 Planning Commission Resolution No. 1921 Page 6 of 32 Finding: B. In compliance with all of the applicable criteria (below]; a. Compliance with this Section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent development; and whether the relationship is based on standards of good design; C. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and f. The protection of significant views from public right(s) -of -way and compliance with Section 20.30. 100 (Public View Protections); and Facts in Support of Finding: B -1. Refer to facts 1 through 7 under Required Findings, above that discuss the project's consistency with the proposed Multiple -Unit Residential (RM) General Plan land use designation, RM -D Coastal Land Use Plan category, and the Lido Village Planned Community (PC) Zoning District. B -2. The project has been designed as 23, 3 -story units within five building structures and provides for effective private open space, light, and air for each unit. The project is integrated as a unified development through the use of similar architectural style and design elements, shared use of parking, and internal pedestrian circulation. B -3. Access to the site, on -site circulation, and parking areas are designed to provide standard -sized parking spaces, 26- foot -wide, two -way driveways, and the minimum vehicle turning radius to accommodate and provide safe access for residents and guests (including the disabled), emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. B -4. The front setbacks along each street frontage are appropriate to support pedestrian connectivity within Lido Village and each dwelling unit provides separate and well- defined entries. B -5. Mechanical equipment for the residential units has been located within enclosures at the roof deck level to reduce noise impacts and the enclosures will Tmplt: 0 5/1 612 01 2 Planning Commission Resolution No. 1921 Page 7 of 32 provide effective screening below the roof deck parapet level to minimize aesthetic impacts. B -6. The project has been designed to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts. A 6 -foot block wall provides a buffer between the proposed residential units and the existing commercial units to the north of the project site and is designed to maintain privacy and protection for the residential tenants. B -7. The height, bulk, and scale of the residential units are comparable to the existing 35- foot -high commercial building on -site at 3355 Via Lido. Each dwelling unit is designed to provide variation and modulation between building units and along the rooflines for visual interest. The front facades include both vertical and horizontal off -sets and utilize a variation of building materials to provide enhanced visual relief. The massing of the project is broken up into five separate buildings, which vary in size and placement throughout the project site breaking up building massing. B -8. The proposed project is consistent with the Lido Village Design Guidelines. The proposed project combines coastal and modern architectural styles into the residential project in a way that is conscious of coastal living lifestyles and provides a modern loft style reminiscent of the historic coastal warehouses found in adjacent Cannery Village. The residential units provide separate and well - defined entries. All residential units are oriented toward adjacent streets to maximize the pedestrian relationship of the development to the surrounding Lido Village area. The greater setback of the lower level affords a covered porch and the reduced setback at the second level creates a greater interface with the adjacent rights -of -way to ensure compatibility with the pedestrian environment. B -9. The proposed units are appropriate in relationship to existing and adjacent development in the area. The unified design theme of the residential units provides for an architectural pattern with the mixed -use structure at 3388 Via Lido to the northeast and historic coastal warehouses located further to the south in Cannery Village. B -10. The units are oriented toward the adjacent right -of -way to support pedestrian connections in the Lido Village Subarea. Walkways and egress are sufficient throughout the site as reviewed by the Building Division and the City Traffic Engineer. B -11. The project provides 46 residential parking spaces, and 12 residential guest parking spaces, which can be provided entirely on -site. Each residential unit will be afforded a private enclosed two -car garage with direct interior access to their units. All guest parking spaces are provided in the surface parking areas. TmpIC 05/16/2012 Planning Commission Resolution No. 1921 Page 8 of 32 B -12. The project would relocate three on- street parking spaces along Via Malaga, resulting in no net change in the 30 total on- street parking spaces currently provided. B -13. The site design provides only two curb cuts with ingress and egress access from Via Oporto and Via Malaga to minimize potential conflicts with use of the streets. The project provides adequate sight distance at each driveway, as determined by the City Traffic Engineer. B -14. The parking area complies with the landscape parking lot requirements of NBMC Sec. 20.40.070.D.3 (Development Standards for Parking Areas) and includes adequate and effective use of ground cover, hedges, and shade trees. Landscaping is provided throughout the site in areas that are not utilized by the existing units or areas for parking circulation. All setback areas are landscaped. A variation of ornamental groundcover, vines, shrubs, and trees are utilized to help soften and buffer the massing of the condominium units. 8 -15. New street trees will be provided along all three street frontages adjacent to Via Lido, Via Malaga, and Via Oporto. B -16. The project is subject to the City's Water- Efficient Landscape Ordinance (Chapter 14.17 of NBMC) and compliance will be confirmed at plan check prior to issuing building permits. B -17. The proposed residential development provides a series of common outdoor living areas that includes open plazas and landscaped seating areas between the residential buildings. Additionally, a water feature is proposed at the corner of Via Lido and Via Malaga. Each unit is afforded a covered porch area and landscaping, private outdoor living space in the form of large balconies, and private roof decks. B -18. The site is visible from two key vantage points identified by the General Plan. However, these vantage points are oriented toward water views of Newport Bay. The urban view from these vantage points will not be changed significantly but rather will be improved by replacement of an uninspiring commercial building with a new modern coastal development. The portion of Via Lido, Via Oporto, and Via Malaga, on which the project is located, are not designated as coastal view roads and do not provide coastal views requiring public view protection. Finding: C. The proposed development is not detrimental to the harmonious and orderly growth of the City, or endanger jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. Tmplt 0511612012 Planning Commission Resolution No. 1921 Page 9 of 32 Facts in Support of Finding: C -1. The residential project has been designed to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents by limiting access points and providing an architecturally pleasing project with articulation and building modulations to enhance the urban environment consistent with the Lido Village Design Guidelines. C -2. The proposed surface parking lot has been designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collection vehicles, as determined by the City Traffic Engineer. The size, design, location, and screening of the refuse enclosures will comply with the requirements of NBMC Sec. 20.30.120 (Solid Waste & Recyclable Materials Storage) ensuring compatibility with the on -site and adjacent uses. Adequate access to individual refuse containers would be provided through each individual unit. C -3. Noise and visual impacts with the adjacent commercial property to the north would be minimized due to the 6 -foot block wall, and landscaping. C -4. The project is subject to the City's Outdoor Lighting requirements contained within Section 20.30.070 of the Zoning Code. C -5. Roof -top mechanical equipment for each unit would be fully enclosed within an equipment screen and would not be visible from the right -of -way. C -6. The new construction will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Tentative Tract Map A tentative tract map is requested for residential condominium purposes, to create 23 condominium units. The map would also serve to consolidate six parcels and portions of adjacent vacated alleys into one lot. In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the Newport Beach Municipal Code, the following findings and facts in support of a tentative tract map are set forth: Fin" ding: 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 the applicable provisions of the Subdivision Map Act and the City Subdivision Code. Tmplt: 05(1612012 Planning Commission Resolution No. 1921 Paae 10 of 32 Facts in Support of Finding: A -1. Refer to facts 1 through 4 under Required Findings, above, that discuss the project's consistency with the proposed Multiple -Unit Residential (RM) General Plan land use designation. A -2. The Tentative Tract Map provides for the development of a cohesive planned community with a pattern of building orientations and vehicle circulation that provide a pedestrian - friendly environment with strong connectivity to adjacent commercial and office areas. A -3. The Public Works Department has reviewed the proposed tentative map and found it consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. A -4. 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. Facts in Support of Finding: B -1. The site is relatively flat and based on the Geotechnical Engineering Services Report prepared by Professional Service Industries, Inc. on August 24, 2012, the site is safe and suitable for development. The site is located within the Orange County coastal plain and underlain by Quaternary alluvial and fluvial sedimentary deposits and the area of the subject site is considered seismically active. Groundwater was measured at approximately 5feet below existing grade on -site. The Geotechnical Report prepared for the project site indicates the near surface soils have a very low expansion potential. The Geotechnical Report identified the following issues that will affect the construction of the development: surface and subsurface disturbance during clearing and demolition, shallow groundwater, potentially liquefiable soils, and soft soil deposits which will require the use of a deep foundation system. A deep foundation system is also recommended to address the presence of soft compressible soils and the shallow water table of the project site. The Geotechnical Report provides additional recommendations for construction of the proposed project to ensure the suitability for the proposed development that will be required for construction. B -2. The 1.2 acre site is large enough to accommodate 23 units while providing sufficient landscape setback and open space areas as well as vehicle access and guest parking areas that meet applicable standards. The existing developed site is devoid of natural resources and it is located in an area that provides adequate access to roadways and utilities. Tmplt: 05(1612012 Planning Commission Resolution No. 1921 Page 11 of 32 B -3. The General Plan estimates that future traffic noise exposure will be 60 dB CNEL to the nearest residential facades to Via Lido and identifies that residential uses are clearly compatible or normally compatible with the 60 dB CNEL. With appropriate noise control measures under conventional construction and design of the proposed project (e.g., closed windows, fresh air supply systems or air conditioning), the interior noise levels would comply with the City and State interior noise standard of 45 dB CNEL for residential units. Finding: C. That the design of the subdivision or the proposed improvements are not likely to 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. Under existing conditions, the project site and surrounding land areas are fully developed with urban uses and do not contain sensitive biological resources. The vegetation that occurs on -site is ornamental in nature, including trees and ornamental shrubs, groundcover, and vines growing on the existing building's facades and screen walls. C -2. No drainages traverse the property and no potential jurisdictional waters or wetlands areas are present on or immediately adjacent to the site. C -3. A Mitigated Negative Declaration (MND) was prepared for the proposed project and impacts to biological resources were not identified in the initial study analysis. Thus, mitigation measures for biological resources are not required to ensure the protection of fish, wildlife, or their habitat. On the basis of the entire environmental review record, the proposed Project will have a less than significant impact upon the environment with the incorporation of mitigation measures for air quality, cultural resources, and hazards & hazardous materials. The mitigation measures identified in the MND are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures would be applied to the Project through the Mitigation, Monitoring and Reporting Program. Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Tmplt: 0 511 612 01 2 Planning Commission Resolution No. 1921 Page 12 of 32 Facts in Support of Finding: D -1. At full build -out, the residential project will decrease Green House Gas ( "GHG ") emissions when compared to existing uses, as documented in the MND. D -2. Mitigation measures identified in the MND reduce potential impacts associated with air quality, cultural resources, hazards & hazardous materials to a level that is less than significant. D -3. No evidence is known to exist that would indicate that the planned subdivision pattern will generate any serious public health problems. D -4. All construction for the project will comply with Building, Public Works, and Fire Codes. Public improvements will be required of the developer per Section 19.28.10 of the Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. 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 ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: E -1. Public improvements, consisting of retrofitted curb drains, roadway surfacing along Via Malaga and Via Oporto, and ADA curb ramps along the Via Lido, Via Malaga, and Via Oporto frontages will be required of the applicant per the Municipal Code and the Subdivision Map Act. Each residential unit would be required to provide separate sewer and water connections to a new main within the project site that will connect to an existing main in Via Lido. E -2. Existing sewer and utilities easements on -site would be abandoned as part of the tract map. The tract map will establish new emergency access easements and utility easements to accommodate the location of new structures as part of the development. The design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. Tmplt 05116/2012 Planning Commission Resolution No. 1921 Page 13 of 32 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 project site does not contain prime farmland, unique farmland, or farmland of statewide importance and no portion of the Project site is covered by a Williamson Act contract. 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 project site is not considered a "land project' as previously defined in Section 11000.5 of the California Business and Professions Code because the project site does not contain 50 or more parcels of land nor is it located within the boundaries of a specific plan. 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 Tentative 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 Community Development Department enforces Title 24 compliance through the plan check and inspection process. TmpIC 0 511 612 01 2 Planning Commission Resolution No. 1921 Page 14 of 32 Finding: L 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. There are no existing dwelling units on the project site. Rather the proposed project includes the construction of 23 new condominium units to contribute to the City's share of the regional housing need, 7 units above what is planned for within the General Plan. The applicant will be responsible for the payment of appropriate fair share, housing in -lieu, and park fees for the development of these new dwelling units as conditions of approval. 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. A National Pollutant Discharge Elimination System ( NPDES) permit is required from the Regional Water Quality Control Board (RWQCB) for the proposed construction activities. A permit is required for all construction activities that include clearing, grading, and /or excavation that disturb at least one acre of total land area. Additionally, a Water Quality Management Plan (WQMP) has been prepared, pursuant to the requirements of the NPDES permit. J -2. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality Control Program involves the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) for construction - related activities, which would specify the Best Management Practices (BMP's) that the project would be required to implement during construction activities to ensure that all potential pollutants of concern (including sediment) are prevented, minimized, and /or otherwise appropriately treated prior to being discharged from the subject property. J -3. 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. TmpIC 05/1612012 Planning Commission Resolution No. 1921 Paae 15 of 32 J -4. There is adequate sewer system capacity to serve the requirements of the proposed Project. The proposed Project would be able to tie into the existing sewer system without adversely affecting the system, causing any water quality affects, or violating existing requirements prescribed by the Regional Water Quality Control Board. Wastewater from the project will be generated by residential build -out. There will be a reduction in wastewater from the site with the demolition of the existing commercial building and construction of the proposed dwelling units. 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. Facts in Support of Finding: K -1. The project site is located within the Coastal Zone. The applicant is requesting a Coastal Land Use Plan amendment for the parcel at 3303 Via Lido to accommodate the proposed development. The land use amendment and subsequent coastal development permit (CDP) requests will be reviewed by the California Coastal Commission following City Council approval of the proposed project.. The proposed RM -D land use category does not significantly reduce opportunities for coastal - related, coastal- dependant, or visitor - serving land uses in the Lido Village neighborhood. The project is consistent with the proposed Multiple -Unit Residential (RM -D) Coastal Land Use Plan land use amendment for 3303 Via Lido. Coastal access is not inhibited as the project site is an inland parcel and is not designated for present or future horizontal or lateral coastal access. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt Mitigated Negative Declaration No. ND2013 -001 as depicted in Exhibit "A" and Mitigation Monitoring Report Program as depicted in Exhibit "B" of this resolution. 2. The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve General Plan Amendment No. GP2012 -005 as depicted in Exhibit "C ", changing the land use designation of 3303 Via Lido from Private Institutions (PI) to Multiple -Unit Residential (RM, 20 du /ac) TmpIL 05/16/2012 Planning Commission Resolution No. 1921 Page 16 of 32 The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve Coastal Land Use Plan Amendment No. LC2013 -001 as depicted in Exhibit "D ", changing the land use designation from Private Institutions (PI -B) to Multiple -Unit Residential (RM -D). The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Zoning Code Amendment No. CA2012 -008 as depicted in Exhibit "E ", changing the Zoning designation of 3303 Via Lido from PI (Private Institutions) to PC (Planned Community) and changing 3355 Via Lido from RM, 2178 (Multi -Unit Residential) to PC, waiving the 10 acre minimum PC area requirement, and adopting the Lido Villas Planned Community Text as set forth in Exhibit "E ". 5. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Site Development Review No. SR2013 -001 and Tentative Tract Map No. NT2013 -001, subject to the conditions of approval set forth in Exhibit "F. PASSED, APPROVED AND ADOPTED THIS 5th DAY OF SEPTEMBER, 2013. AYES: Ameri, Brown, Hillgren, Kramer, Lawler, Myers, and Tucker NOES: None ABSTAIN: None Tmplt: 05/16/2012 Planning Commission Resolution No. 1921 Page 17 of 32 Exhibit "A" Mitigated Negative Declaration MND SCH No. 2010071050 (Available separate due to bulk) http:// www. newnortbeachca .eov /index.asvx ?oaee =134'7 Tmpit: 05116/2012 Planning Commission Resolution No. 1921 Page 18 of 32 Mitigation Monitoring Report Program Tmpll: 65/16/2012 ®® ®o Mitigated Negative Declaration 6.0 Mitigation Monitoring and Reporting Program 6.0 Mitigation Monitoring and Reporting Program AFTER EVEL OF NG PARTY MITIGATION Air Quality Threshold 4: During MM AQ -1 Prior to grading permit issuance, the City Project Applicant, Prior to grading Less than Significant construction of the proposed shall verify that the following notes are Construction Contractor permit issuance, Project, maximum daily included on the grading plan. Project / City of Newport Beach prior to combined emissions for. PMT, contractors shall be required to ensure Building Division commencement of and PM, emissions have the compliance with the notes and permit construction and potential to exceed the LSTs periodic inspection of the construction during construction before application of best site by City of Newport Beach staff to management practices and confirm compliance. These notes also mitigation measures. shall be specified in bid documents issued to perspective construction contractors. The following notes shall be included on the grading plan and in construction bid documents to implement SCAQMD Rule 403: • The construction contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project site are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three (3) times a day, preferably in the midmorning, afternoon, and after work is done for the day. • The construction contractor shall ensure that all construction vehicles hauling earth materials or demolition debris use covers on any material to prevent the emission of dust during material transport • Disturbed areas shall be replanted as Lido Villas Residential Development July 12, 2013 Lead Agency: City of Newport Beach Page 6 -1 No ®❑ Mitigated Negative Declaration 6.0 Mitigation Monitoring and Reporting Program M • s IMJTIGATIONMEASUR. RESPONSIBLE PARTY/ MONITORING IMPLEJ�iENTATION soon as practical following grading, if such areas will not immediately be paved or covered with buildings. • The contractor shall ensure that traffic speeds on all unpaved surfaces of the Project site are reduced to 15 miles per hour or less. MM AQ -2 Prior to grading permit issuance, the City Project Applicant, Prior to grading shall verify that a note is included on the Construction Contractor permit issuance, grading plan requiring a sign be posted / City of Newport Beach prior to on -site chat restricts the idling of diesel Building Division commencement of engines to less than five minutes. The construction and sign shall be installed before construction during construction activities commence and remain in place during the duration of construction activities. Project contractors shall be required to ensure compliance with idling restriction and permit periodic inspection of the construction site by City of Newport Beach staff to confirm compliance.. The idling restriction also shall be specified in bid documents issued to prospective construction contractors. Cultural Resources Threshold 2: Although unlikely, MM CR -I Prior to the issuance of grading permits, Project Applicant, Prior to issuance of Less than Significant there is a remote possibility that the City shall verify that the following Construction Contractor grading permits and archaeological resources could note is included on the grading plan(s). and (if required) Project during grading be encountered during site Archaeologist / City of grading activities. "if suspected archaeological resources are Newport Beach Building encountered during ground- disturbing Division and Planning construction activities, the construction Division contractor shall temporarily halt work in a 100 -foot radius around the find until a qualified archaeologist can be called to the site to assess the significance of the find, Lido Villas Residential Development July 12, 2013 Lead Agency: City of Newport Beach Page 6 -2 NO ❑ Mitigated Negative Declaration 6.0 Mitigation Monitoring and Reporting Program o s e s MONITORING ON OF MITIGATION and, if necessary, develop appropriate treatment measures in consultation with the City of Newport Beach." The grading contractor shall be responsible for complying with the note. If the archaeologist determines that the find does not meet the CEQA standards of cultural significance, construction shall be permitted to proceed. However, if the archaeologist determines thac further information is needed to evaluate significance, the City of Newport Beach shall be notified and a data recovery plan shall be prepared in consultation with the City, which may include the implementation of a Phase II and /or III archaeological investigation per City guidelines. All significant cultural resources recovered shall be documented on California Department of Parks and Recreation Site Forms to be filed with the California Historical Resources Information System South Central Coastal Information Center (CHRIS- SCCIC). The archaeologist shall incorporate analysis and interpretation of any significant find(s) into a. final Phase IV report that identifies the level of significance pursuant to Public Resources Code § 21083.2(G). The Project Applicant, in consultation with the archaeologist and the City; shall designate repositories in the event that resources are recovered. Threshold 3: Although unlikely, MM CR -2 Prior to the issuance of grading permits, Project Applicant, Prior to issuance of Less than Significant Lido Villas Residential Development July 12, 2013 Lead Agency: City of Newport Beach Page 6 -3 Mitigated Negative Declaration 6.0 Mitigation Monitoring and Reporting Program o • e • RESPNSIBLE MONITORING e LEVEL OF there is a remote possibility that the City shall verify that the following Construction grading permits and paleontological resources could note is included on the grading plan(s). Contractor, and (if during grading be encountered during site required) Project grading activities. "if suspected paleontological resources Archaeologist / City of (fossils) are encountered during ground- Newport Beach Building disturbing construction activities, the Division and Planning construction contractor shall temporarily Division halt ground - disturbing activities within 100 feet of the find until a qualified paleontologist can be called to the site to assess the significance of the find, and, if necessary, develop appropriate treatment measures in consultation with the City of Newport Beach." The grading contractor shall be responsible for complying with the note. At the paleontologist's discretion, the construction contractor may assist in removing rock samples for initial processing. If the paleontologist determines that the find is not unique, construction shall be permitted to proceed. However, if the paleontologist determines that further information is needed to evaluate significance, the City of Newport Beach shall be notified and a treatment plan shall be prepared and implemented in consultation with the City to protect the identified paleontological resource(s) from damage and destruction. HozardslHozordous Materials Threshold I and 2: The existing MM HM -1 The City of Newport Beach shall Project Applicant, Prior to issuance of Less than Significant buildings on the site that would condition all demolition permits to Construction demolition permits be demolished as part of the comply with South Coast Air Quality Contractor, Asbestos- and during Lido Villas Residential Development July 12, 2013 Lead Agency: City of Newport Beach Page 6 -4 ®® ®❑ Mitigated Negative Declaration 6.0 Mitigation Monitoring and Reporting Program • • MITIGATION REsPoNsisLE PARTY/ LEVEL OF MITIGATION Project contain friable asbestos Management District (SCAQMD) Rule abatement Contractor / demolition materials and materials coated 1403 with respect to asbestos containing City of Newport Beach with lead -based paint, both of materials and the demolition contractor Building Division which have the potential to shall be required to comply with Rule expose construction workers 403. All asbestos - related work and /or nearby sensitive conducted during the demolition process receptors to health risks during shall be performed by a licensed demolition activities. Asbestos- Asbestos - abatement Contractor under containing materials and the supervision of a certified Asbestos materials containing lead -based Consultant Asbestos - containing paints have the potential cc construction materials (ACCMs) shall be create a significant hazard to the removed and disposed of in compliance public or the environment with notification and asbestos - removal procedures outlined in SCAQMD Rule 1403 to reduce asbestos- related health risks. During demolition, the demolition contractor shall maintain all records of compliance with Rule 1403, including, but not limited to, the following: evidence of notification of SCAQMD pursuant to Rule 1403; contact information for the Asbestos - abatement Contractor and Asbestos Consultant; and receipts (or other evidence) of off -site disposal of all ACCMs. These records shall be made available for City inspection upon request. MM HM -2 The City of Newport Beach shall Project Applicant Prior to issuance of condition all demolition permits to Construction demolition permits comply with Title 17, California Code of Contractor, and and during Regulations (CCR), Division I, Chapter B Certified Lead demolition (LBP Regulations), which addresses Supervisor / City of requirements for the removal of Newport Beach Building components painted with lead -based Division paint (LBP) during demolition of existing Lido Villas Residential Development July 12, 2013 Lead Agency. City of Newport Beach Page 6 -5 No ❑ Mitigated Negative Declaration 6.0 Mitigation Monitoring and Repotting Program • s RESNiNSIBLE PARTY/ LEVEL QF ON structures. The demolition contractor shall be required to comply with these provisions. Notification to the California Department of Public Health (CDPH) shall be conducted through completion of an Abatement of Lead Hazards Notification, CDPH Form 8551. The removal of all LBP materials shall be conducted: • By a Certified Lead Supervisor or Certified Lead Works, as defined by §§ 35008 and 35009 of the LBP Regulations, respectively: • In accordance with the procedures specified in Chapter 12: Abatement, "Guidelines for the Evaluation and Control of Lead -Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, June 1995; • Using containment and in a manner which does not result in contamination of non -work areas with lead- contaminated dust. lead- contaminated soil, or lead -based paint debris; and • In accordance with an abatement plan prepared by a certified lead supervisor, certified lead project ' monitor, or certified lead project designer, which includes all of the requirements as specified in § 36100(4)(A) of the LBP Regulations The Certified Lead Supervisor Lido Villas Residential Development July 12, 2013 Lead Agency. City of Newport Beach Page 6 -6 MM ®❑ Mitigated Negative Declaration 6.0 Mitigation Monitoring and Reporting Program THRESHOLD . LEVEL OF SIGNIFicANCE AFTER MITIGATION conducting abatement shall retain records of the notification to the CDPH, and shall retain a copy of the abatement plan on -site at all times during demolition activities. The notification and abatement plan shall be made available to the City upon request for review. All demolition activities shall be subject to inspection by the CDPH and /or City officials to ensure compliance with the requirements of the LBP Regulations and abatement plan. Following completion of all abatement activities, a clearance inspection shall be conducted by a certified lead inspector /assessor or certified lead project monitor in accordance with §§ 36000(a) and 36000(c)(3) of Title 17, CCR, Division 1, Chapter 8. A copy of the results of the clearance inspection shall be provided to the City Planning Division upon completion of abatement and inspection activities. Lido Villas Residential Development July 12, 2013 Lead Agency. City of Newport Beach Page 6 -7 Planning Commission Resolution No. 1921 Page 19 of 32 Exhibit "C" General Plan Land Use Map ILI'u - , GT: 1 Tmpll: 05/1612012 a P RT% MUM2 Existing Land Use: i \Private Proposed Land Use: Residential "KEYAYE I �\ I O E CC g PF > 3sNO Sr 'OS\ MU -H4 w� C MM N1 RM A MU -W2 0 125 250 GP2012 -005 (PA2012 -146) Feet General Plan Amendment 3303 Via Lido Document Name: PA2012 -146 GP2012 -005 Reso Exhibit Planning Commission Resolution No. 1921 Pape 20 of 32 Exhibit "D" Coastal Plan Land Use Plan Amendment Tmplt: 05/16/2012 RT -D FINLEY All CC -A z M U O A �C c a w Z MUm qoP 0 FO <,00 G � 9 D RM -D G G v 0 0 0 VIA MALAGA _J w OV .� Rte, —^-- 32ND STREET MU -H �C N o V -A 31ST 9T 31ST 5'REE 0 >,tll ti, LC2013 -001 (PA2012 -146) Coastal Land Use Plan Amendment ,.> 3303 Via Lido Document Name: PA2012 -146 LC2013 -001 Reso Exhibit 125 250 p Feet E) L w Planning Commission Resolution No. 1921 Paae 21 of 32 Exhibit "E" Zoning Map Amendment And Lido Villas Planned Community Text Tmplt: 05/1612012 flMEYRVE 1 CN I PF % MU -W2 g0 K 0 OJ . RM man % -k, CA2012 -008 (PA2012 -146) Zoning Code Amendment 3303 and 3355 Via Lido 0 125 250 Feet e LIDO VILLAS Planned Community Development Plan Date: September 10, 2013 Ordinance No. 2013 - Adopted TABLE OF CONTENTS 1.0 Introduction and Purpose ................................................ ............................... 3 2.0 General Conditions and Regulations ............................... ............................... 4 3.0 Land Use and Development Regulations ........................ ............................... 8 3.1 Lido Villas ............................................................. ............................... 8 1. Number of Units ......................................... ............................... 8 2. Development Standards ............................. ..............................1 8 a. Lot Area ............................................... ............................... 8 b. Building Area ........................................ ............................... 8 c. Building Height ..................................... ............................... 8 d. Building Setbacks ................................. ............................... 8 e. Parking ................................................. ............................... 9 3.2 Signs ..................................................................... ............................... 9 A. Sign Allowance & Standards ........................... ............................... 9 4.0 Site Development Review ............................................... ............................... 10 4.1 Purpose ................................................................ ............................... 10 4.2 Application ............................................................ ............................... 10 4.3 Findings ................................................................ ............................... 10 4.4 Contents ............................................................... ............................... 11 4.5 Public Hearing — Required Notice ......................... ............................... 11 4.6 Expiration and Revocation Site Plan Review Approvals ...................... 12 4.7 Fees..; .................................................................................................. 12 Exhibit Name Exhibit Number ConceptualSite Plan ............................................................ ............................... A 4 1.0 INTRODUCTION AND PURPOSE The Lido Villas Planned Community Development Plan (PCDP) is composed of 23 single family residential townhomes, totaling 63,592 square feet. It is located on the site across from the former City Hall building and bounded by Via Lido, Via Oporto and Via Malaga. The vision laid out in the City's Lido. Village Concept Plan is that this parcel is to be part of a vibrant gateway village in the heart of the peninsula. The PCDP has been developed in accordance with the Newport Beach General Plan and is consistent with the Local Coastal Land Use Plan. The purpose of this PCDP is to provide for the classification and development of coordinated, cohesive, comprehensive planning project with 23 single -unit residential townhomes called Lido Villas. Whenever the regulations contained in the PCDP conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in the PCDP shall take precedence. The Newport Beach Municipal Code shall regulate all development within the PCDP when such regulations are not provided within the PCDP Regulations. 3 2.0 GENERAL CONDITIONS AND REGULATIONS 1. Archaeological /Paleontological Resources Development of the site is subject to the provisions of City Council Policies K -4 and K -5 regarding archaeological and paleontological resources. 2. Architectural Design All development shall be designed with high quality architectural standards and shall be compatible with the surrounding uses. The development should be well- designed with coordinated, cohesive architecture and exhibiting a high level of architectural and landscape quality in keeping with the PCDP's prominent location on the Balboa Peninsula. Massing offsets, variation of roof lines, varied textures, openings, recesses, and design accents on all. building elevations shall be provided to enhance the architectural style. Architectural treatments for all ancillary facilities shall be provided. The residential dwelling units shall maintain an architectural theme consistent with a Modern interpretation of Coastal architectural themes, drawing inspiration from yachts in the adjacent Newport Harbor and coastal warehouses found within Lido Village. Buildings shall incorporate a mix of high quality building materials including stained cedar panels, concrete composite panels in cool white or gray colors, and glass guardrails incorporating wooden handrails or a striped glazing pattern. 3. Building Codes Construction shall comply with applicable provisions of the California Building Code and the various other mechanical, electrical and plumbing codes related thereto as adopted by the Newport Beach Municipal Code. 4. Flood Protection Development of the subject property will be undertaken in accordance with the flood protection policies of the City. 5. Grading and Erosion Control Grading and erosion control measures shall be carried out in accordance with the provisions of the Newport Beach Excavation and Grading Code and shall be subject to permits issued by the Community Development Department. 4 6. Gross Floor Area Gross floor area shall be defined as the total area of a building including the surrounding exterior walls. 7. Height and Grade The current site design for the proposed project includes 23 townhome units with flat roof and heights that vary between 31 feet 10 inches (top of roof and roof deck), 35' -4" (top of guardrail) and 39' (top of architectural feature and stairwell to the roof), 350 SF of area for the Harbor Unit and 200 SF of area for the Island Unit) measured from existing grade shown on the topographic survey prior to development of the site. The architectural feature allows for a varied and interesting roofline as well as providing access and privacy to the outdoor living areas on the roof. The height of any structure within the PCDP shall not exceed thirty nine (39) feet, unless otherwise specified. The height of a structure shall be the vertical distance between the highest point of the structure and the grade directly below. 8. Landscaping /Irrigation Landscaping and irrigation shall be provided in all areas not devoted to structures, parking lots, driveways, walkways, private patios, and common area patios to enhance the appearance of the development, reduce heat and glare, control soil erosion, conserve water, screen adjacent land uses, and preserve the integrity of PCDP. Landscaping and irrigation shall consist of a combination of trees, shrubs, groundcover and hardscape improvements. Landscaping shall be prepared in accordance with the Landscaping Standards and Water- Efficient Landscaping Sections of the Newport Beach Municipal Code and installed in accordance with the approved landscape plans prepared by a licensed landscape architect. 9. Fences and Walls Fences, hedges and walls shall be in accordance with the Newport Beach Municipal Code Property Development Standards. Such elements shall not exceed forty -two (42) inches in height within the front setback. Where a nonresidential zoning district abuts a residential zoning district, a solid masonry wall a minimum of six (6) feet in height shall be required per the Newport Beach Municipal Code Property Development Standards Section 20.30.040. 5 10. Lighting —Outdoor All new outdoor lighting shall be designed, shielded, aimed, located and maintained to shield adjacent uses /properties and to not produce glare onto adjacent uses /properties. Lighting plans shall be prepared in compliance with the Outdoor Lighting Section of the Newport Beach Municipal Code and shall be prepared by a licensed electrical engineer. All lighting and lighting fixtures that are provided shall be maintained in accordance with the approved lighting plans. 11. Lighting — Parking & Walkways All lighting and lighting fixtures that are provided shall be maintained in accordance with the approved lighting plans. Light standards within parking lots shall be the minimum height required to effectively illuminate the parking area and eliminate spillover of light and glare onto adjoining uses /properties and roadways. Parking lots and walkways accessing buildings shall be illuminated with a minimum of 0.5 foot - candle average on the driving or walking surface. Lighting plans shall be prepared in compliance with the Outdoor Lighting Section of the Newport Beach Municipal Code and shall be prepared by a licensed electrical engineer. If the applicant wishes to deviate from this lighting standard, a lighting plan may be prepared by the applicant and submitted to the Community Development Director for review and approval. 12. Parking Areas Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas of the parking lots shall be kept free of dust, graffiti, and litter. All components of the parking areas including striping, paving, wheel stops, walls, and light standards of the parking lots shall be permanently maintained in good working condition. Access, location, parking space and lot dimensions, and parking lot improvements shall be in compliance with the Development Standards for Parking Areas Section of the Newport Beach Municipal Code. 13. Sewage Disposal Sewage disposal service facilities for the PCDP will be provided by the City of Newport Beach and shall be subject to applicable regulations, permits and fees as prescribed by the City. on 14. Screening of Mechanical Equipment All new mechanical appurtenances (e.g., air conditioning, heating, ventilation ducts and exhaust vents, swimming pool and spa pumps and filters, transformers, utility vaults and emergency power generators) shall be screened from public view and adjacent land uses. The enclosure design shall be approved by the Community Development Department. All rooftop equipment (other than vents, wind turbines, etc.) shall be architecturally treated or screened from off -site views in a manner compatible with the building materials prior to final building permit clearance for each new or remodeled building. The mechanical appurtenances shall be subject to sound rating in accordance with the Exterior Noise Standards Section of the Newport Beach Municipal Code. Rooftop screening and enclosures shall be a maximum of 35' -4 "feet above finished grade in accordance with the Height and Grade definition of Section 2.0 General Conditions and Regulations of the PCDP. 15. Temporary Structures and Uses Temporary uses may be allowed only upon the approval of a limited term permit per Section 20.52.040 (Limited Term Permits) of the Zoning Code. 16. Trash Container Storage for Residential Dwellings Trash container storage shall be located within each individual dwelling unit in a designated storage area. Trash collection will occur along the interior driveway of the Lido Villas property and will be provided by the City of Newport Beach. Each unit will place their trash along the edge of the interior driveway for collection. 17. Water Service Water service to the PCDP will be provided by the City of Newport Beach and will be subject to applicable regulations, permits and fees as prescribed by the City. 7 3.0 LAND USE AND DEVELOPMENT REGULATIONS 3.1. LIDO VILLAS Refer to Exhibit A - Conceptual Site Plan for the general location and placement of the townhomes. Number of Units The maximum allowable number of single - family residential units shall be twenty three (23) at a density of 20 dwelling units/ gross acre. Permitted Uses a. Condominiums b. Recreation facilities ancillary to residential uses Accessory structures and usesProhlblted Uses Land uses that are not listed above are not allowed, except as provided by Chapter 20.12 (Interpretation of Zoning Code Provisions) of the Zoning Code or as required by State law. Temporary Uses Temporary uses may be allowed only upon the approval of a limited term permit per Section 20.52.040 (Limited Term Permits) of the Zoning Code. 3. Development Standards The following development standards shall apply to the townhomes: a. Lot Area The minimum lot size shall be 1 acre. b. Gross Floor Area per Unit 2,400 sq ft minimum 3,200 sq ft maximum c. Building Area The maximum allowable gross floor area for the Lido Villas townhomes shall be 63,600 square feet consistent with original project approval. d. Building Height The maximum allowable building height for the townhomes shall be 31 feet 10 inches, measured in accordance with the Height and Grade definition of Section 2.0 General Conditions and Regulations of the PCDP. Exceptions to Building Height Deck railings may exceed the building height limit and shall not exceed 35 feet 4 inches in height, measured in accordance with the Height and Grade definition of Section 2.0 General Conditions and Regulations of the PCDP. Roof deck railings shall consist of transparent materials such as glass or frosted glass. Accessory structures on the roof deck shall not be permitted to exceed 35' 4 ", measured in accordance with the Height and Grade definition of Section 2.0 General Conditions and Regulations of the PCDP. Architectural projections up to 39 feet shall be allowed for an architectural feature encompassing a vaulted ceiling and stairwell in accordance with the Height and Grade definition of Section 2.0 General Conditions and Regulations of the PCDP. Harbor Units shall be limited to a maximum of 350 SF for this architectural projection and Island Units shall be limited to a maximum of 200 SF of area for this architectural projection up to 39 feet in height. e. Building Setbacks Via Lido -front 9 feet, first floor 4 feet 5 inches, second floor Via Malaga -front 7 feet 3 inches, first floor 6 feet 6 inches second floor Via Oporto -front 6 feet, first floor 3 feet, second floor Interior property line to the north 5 feet X f. Parking Two (2) enclosed private parking spaces shall be provided for each unit. Ya uncovered guest parking space shall be provided per unit for a total of 12 guest parking spaces. Each garage shall provide minimum clear interior dimensions of 17 feet 6 inches and shall be accessible to vehicles. All parking spaces shall be maintained clear of obstructions for the parking of vehicles at all times. Vehicle parking and maneuvering areas shall be restricted to the operation, maneuvering and parking of operable vehicles and shall not be used for storage of any kind including the long- term storage of vehicles not in regular use. g. Open Space Common Open Space: 1,725 sq. ft. of common open space shall be provided for the community (at a rate of 75 sq. ft. per dwelling unit) with a minimum dimension of 15 feet. Private Open Space: 5 percent of the gross floor area shall be provided as private open space with a minimum width dimension of 6 -ft h. Landscaping Minimum Landscape Requirements • Landscaping shall incorporate current street tree species along Via Lido (Gold Medallion Tree, Cassia Leptophylla), Via Malaga (Gold Medallion Tree, Cassia Leptophylla) and Via Oporto (Water Gum, Tristania Laurina). • 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 City Traffic Engineer. • All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape and irrigation plans. . • 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. 10 • Landscape planting and irrigation plans and specifications shall be submitted by the applicant for review and approval by the Building Division or Planning Division prior to the issuance of a building permit. Site landscaping will be in accordance with Chapter 20.36 (Landscaping Standards) of the Zoning Code and Chapter 14.17 (Water- Efficient Landscaping) of the Newport Beach Municipal Code. Plants shall be adapted to the coastal climate of Newport Beach and appropriate to the specific soil, topographic, and sun /shade conditions of the project site. Drought - tolerant plants shall be used to the maximum extent practicable. Plant species having comparable water requirements shall be grouped together for efficient use of irrigation water. All plant materials shall conform to or exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent. Plant selection shall be harmonious to the character of the project and surrounding projects and shall not be listed as an invasive species by the California Invasive Plant Council. i. Irrigation Guidelines An irrigation system shall be installed and shall incorporate appropriate locations, numbers, and types of sprinkler heads and emitters to provide appropriate amounts of water to all plant materials. Application rates and spray patterns shall be consistent with the varying watering requirements of different plant groupings. Irrigation systems and controls shall include technology that minimizes over watering by either: (a) directly measuring soil moisture levels, plant types, and soil types and adjusting irrigation accordingly; or, (b) receiving weather information on a least a daily basis via satellite or similar transmission and adjusting irrigation accordingly. The irrigation system shall be designed so as to prevent over - watering and minimize overspray and runoff onto streets, sidewalks, driveways, buildings, fences, and windows consistent with water conservation and pollution run -off control objectives. j. Lighting Outdoor lighting standards will be in accordance with Section 20.30.070 (Outdoor Lighting) of the Zoning Code. Lighting of building interior common areas, exteriors and parking areas shall be developed 11 in accordance with City Standards and shall be designed and maintained in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security. The plans for lighting shall be prepared and signed by a licensed electrical engineer and shall be subject to review and approval of the Community Development Director or their designee. k. Mechanical Equipment Mechanical equipment shall not exceed 35 feet 4 inches in height and shall comply with Section 20.30.020 (Buffering and Screening) of the Zoning Code). All mechanical appurtenances on building roof tops and utility vaults shall be screened in a manner meeting the approval of the Director of Community Development or their designee. I. Telephone, Gas and Electrical Service All "on site" gas lines, electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. m. Grading Grading of the development area shall be conducted and undertaken in a manner both consistent with applicable grading manual, standards and ordinances of the City of Newport Beach and in accordance with a grading plan approved by the City of Newport Beach Building Division. n. Outdoor Storage The exterior of the units shall be maintained in accordance with Section 10.50.020 (Nuisance) of the City of Newport Beach Municipal Code. 3.2 Signs A. Sign Allowance & Standards 1. If three or more signs are proposed for the development, a sign program for the Lido Villas Planned Community shall be submitted for review and approved by the City of Newport Beach Community Development Director or their designee. Sign allowance and 12 standards will be in accordance with Chapter 20.42 (Sign Standards) of the Zoning Code. 13 4.0 SITE DEVELOPMENT REVIEW 4.1. Purpose The purpose of the Site Development Review process is to ensure new development proposals within the Lido Villas Planned Community Development are consistent with the goals and policies of the General Plan, the Lido Village Design Guidelines, and provisions of this Planned Community Development Plan. 4.2 Application Prior to the issuance of building permits for the proposed project, a site development review shall be required for the Lido Villas Planned Community development in accordance with the applicability, application materials, application fees, review authority, public notice and hearing procedures, findings and decision, minor changes by Director, and expiration and post- decision procedures set forth in Section 20.52.080 (Site Development Reviews) of the Zoning Code. 14 EXHIBIT A 0 0 CL 0 a VIA MALAGA A (NSITEPLAN 15 i r C Planning Commission Resolution No. 1921 Paoe 22 of 32 EXHIBIT "F" CONDITIONS OF APPROVAL Site Development Review Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plans, materials board, and building elevations stamped and dated with the date of this approval. (Except as modified by these conditions of approval.) 2. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. Deleted. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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. 6. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the new dwelling units (currently $2,359.00 per new additional dwelling unit) in accordance with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited for the reduction in commercial square footage and the remaining balance shall be charged or credited to the applicant. 7. Prior to issuance of building permits, approval from the California Coastal Commission shall be required for the Coastal Land Use Plan Amendment and Coastal Development Permit for the development of 23 residential dwelling units. 8. The applicant shall comply with all project design features, mitigation measures, and standard conditions contained within the approved mitigation monitoring reporting program (MMRP) of MND SCH No. 2010071050 for the project. 9. Development of the project shall comply with the development standards and requirements of the Lido Villas Planned Community Development Plan and be in substantial conformance with the approved Tentative Tract Map No. 17555 dated May 16, 2013. 10. The floor plans and building envelopes for each residential unit are approved as precise plans, unless revisions are approved by the Community Development Director. Future floor area additions to the building envelopes shall be prohibited. Tmplt: 05/1012012 Planning Commission Resolution No. 1921 Paae 23 of 32 The proposed open patio and deck areas for each unit shall not be permitted to be enclosed and the landscape and common open space areas proposed throughout the development site shall be preserved. 11. A total of 46 enclosed garage parking spaces and 12 ground level guest parking spaces shall be provided as illustrated on the approved plans. 12. Prior to the issuance of building permits, the project plans shall provide an 8 -foot 2 -inch minimum clearance below the second story overhangs above the interior drive aisles. Note that Van Accessible height requirements shall be met within the drive aisles. The plans shall identify the width of the drive aisle around the site that is unconstrained (i.e. open to the sky). 13. Prior to the issuance of building permits, documents /plans shall be submitted demonstrating compliance with the requirements of Chapter 14.17 (Water - Efficient Landscaping Ordinance) of the Municipal Code. 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. 14. All landscape materials and irrigation systems shall be 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. 15. Prior to the final of building permits the applicant shall schedule an inspection by the Planning Division to confirm that all landscaping was installed in accordance with the approved landscape plan 16. Prior to the issuance of building permits, a National Pollutant Discharge Elimination System (NPDES) permit shall be obtained from the Regional Water Quality Control Board (RWQCB) for the proposed construction activities. 17. Water leaving the project site due to over - irrigation of landscape shall be minimized. If an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division shall visit the location, investigate, Tmplt: 05/16/2012 Planning Commission Resolution No. 1921 Page 24 of 32 inform and notice the responsible party, and, as appropriate, cite the responsible party and /or shut off the irrigation water. 18. Water should 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 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 survey shall show that lighting values are one - foot - candle or less at all property lines. Higher lighting levels are subject to the review and approval of the Community Development Director where it can be shown to be in compliance with the purpose and intent of the Outdoor Lighting section of the Zoning Code. 20. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the 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. 21. All mechanical appurtenances (e.g. air conditioning, heating ducts and exhaust vents, swimming pool and spa pumps and filters, transformers, utility vaults and emergency power generators) shall be screened from public view and adjacent land uses. All rooftop equipment shall be architecturally treated or screened from off -site views in a manner compatible with the building materials prior to final building permit clearance for each new or remodeled building. The mechanical appurtenances shall be subject to sound rating in accordance with the Section 10.26.025 (Exterior Noise Standards) of the Newport Beach Municipal Code. Rooftop screening and enclosures shall not exceed 35 feet 4 inches above the existing grade. 22. All trash shall be stored within the buildings for residential uses and screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. 23. Deleted. 24. Construction activities shall comply with Section 10.28.040 (Construction Activity - Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. Tmplt: 05/16/2012 Planning Commission Resolution No. 1921 Page 25 of 32 25. Storage outside of buildings in any parking areas, landscape areas, or setback areas shall be prohibited. 26. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 27. A copy of these conditions of approval shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 28. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 29. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 30. 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 Lido Villas including, but not limited to, General Plan Amendment No. GP2013 -005, Coastal Land Use Plan Amendment No. LC2013 -001, Zoning Code Amendment No. CA2012 -008, Site Development Review No. SD2013 -001, Tract Map No. NT2013 -001, and Mitigated Negative Declaration No. ND2013 -001 (PA2013 -146). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department Conditions 31. Emergency access will be required for the project which will include the drive aisle which runs through the middle of the project. A site plan must be submitted with the architectural drawings which indicate the proposed emergency access roadway. The roadway should also include locations of existing and proposed fire hydrants, and how the fire lane will be marked, "No Parking Fire lane ". Please Tmplt: 05/'16/2012 Planning Commission Resolution No. 1921 Page 26 of 32 refer to Newport Beach Guideline C.01 and C.02 for fire lane requirements and approved marking of fire lane. 32. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company. A sprinkler system NFPA 13R is proposed. Each unit will have its individual riser. 33. Fire Department connections are required to be located within 150 feet of a public hydrant. 34. Smoke detectors are required and are to be located as per the California Building Code. Building Division Conditions 35. 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. 36. Prior to the issuance of building permits, a minimum of three ADA units shall be provided with one ADA unit for each type of unit. 37. Prior to the issuance of building permits, accessible parking shall be provided within the common parking area. 38. Prior to the issuance of building permits, an accessible route from the public sidewalk, street, public transportation, parking and passenger loading shall be clearly identified, and accessible parking shall be shown on the final approved site plan. Accessible signage shall be clearly noted on the plan check submittal. 39. Prior to the issuance of building permits, a 3 -foot landing shall be provided on each side of the upper level door serving the roof deck. 40. Egress from the roof deck shall comply with the applicable code. The floor area of the roof deck shall be included for the purpose of egress analysis. 41. Prior to the issuance of building permits, mechanical units shall comply with sound rating requirements. 42. Spa weight shall be considered in the lateral loading for the building. Where the railing is less than 3 feet from edge of roof deck, the railing shall be 42 inches above the spa edge. 43. The applicant shall employ the following best available control measures ( "BACMs ") to reduce construction - related air quality impacts: Tmplt 05A6/2012 Planning Commission Resolution No. 1921 Paoe 27 of 32 Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90 -day low -NOx tune -ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off -Site Impacts • Encourage car pooling for construction workers. • Limit lane closures to off -peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top 6 -inch surface layer, subject to review /discretion of the geotechnical engineer. 44. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NO[) 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. 45. 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. Tmplt: 05/16/2012 Planning Commission Resolution No. 1921 Paae 28 of 32 46. 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. Tract Map Conditions 47. Prior to recordation of the tract map, Park Fees shall be paid for the 23 new dwelling units (currently $26,125.00 per unit) in accordance with City Council Resolution No. 2007 -30. 48. Prior to recordation of the tract map an In -Lieu Housing fee for 23 new dwelling units (currently $26,359.00 per dwelling unit) shall be paid in accordance with City Council Resolution No. 2010 -44. 49. A parcel map shall be recorded. The Map shall be prepared on the California coordinate system (NAVD88). Prior to recordation of the Map, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange county Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD standards. Scanned images will not be accepted. 50. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section's 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 51. All improvements shall be constructed as required by Ordinance and the Public Works Department. 52. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels, curb and gutter along the Via Oporto, Via Malaga, and Via Lido frontages. Tmpit 05/1612012 Planning Commission Resolution No. 1921 Paae 29 of 32 53. All existing drainage facilities in the public right -of -way, including the existing curb drains along Via Oporto, Via Malaga, and Via Lido frontage shall be retrofitted to comply with the City's on -site non -storm runoff retention requirements. 54. Via Malaga and Via Oporto are part of the City's Moratorium List. Work performed on said roadways will require additional surfacing requirements. See City Standard 105- L -F.TR. 55. All existing private, non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of- way fronting the development site shall be removed. 56. Each unit shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanouts shall be installed with a traffic - grade box and cover. Water meter and the sewer cleanout shall be located within the public right -of -way or public utilities easement. 57. An encroachment permit is required for all work activities within the public right - of -way. 58. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L and Municipal Code 20.30.130. Proposed accent palm landscaping at the corner of Via Malaga and Via Lido and the corner of Via Malaga and Via Oporto do not meet STD - 110 -L. 59. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right - of -way could be required at the discretion of the Public Works Inspector. 60. All on -site drainage shall comply with the latest City Water Quality requirements. 61. The new public utilities easement shall be aligned with the corner of the units' overhang to allow water meters to be as close to the unit and out of large vehicular traffic. Each sewer lateral shall have a corresponding sewer cleanout per STD - 406 -L. Sewer cleanouts and water meters shall be placed along the edge and within the utilities easement. 62. AMR (Automated Meter Reading) water meters shall be installed at owner's cost. 63. Project shall maintain a looped system through the project site. The water line shall connect to the 6 -inch main Via Malaga. 64. Service lines shall be a minimum of 10 inches and City does not permit half sized lines. Tmplt: 05/16/2012 Planning Commission Resolution No. 1921 Page 30 of 32 65. Irrigation and meter fire service, if proposed, shall be protected by a City approved backflow assembly. 66. Lampholes shall be installed at all main line dead ends. 67. All unused sewer laterals shall be capped at property line. 68. All unused water services shall be capped at main (corporation stop). 69. No trees shall be planted within public utilities easement. 70. Water and sewer mains shall have a minimum separation of 10 feet. 71. Water services and sewer laterals shall have a minimum separation of 5 feet. 72. Deleted. 73. The relocation of the project driveway on Via Oporto will require a street light relocation. Install a new street light per City Standard. New street lights shall match the existing street lights in the surrounding area. 74. Remove all non - standard improvements within the public right -of -way (i.e. non- standard sidewalks and brick paving). Reconstruct the improvements per City Standard. 75. Edison vents along Via Malaga shall be relocated as part of the proposed project. One vent is located within the project's proposed driveway. 76. ADA compliant sidewalks are required around the proposed project. In constrained areas (i.e. meter posts, street lights, Edison vents, fire hydrants, proposed planter boxes, curb ramps, etc.), pedestrian easements may be required to accommodate ADA path of travel (4- foot -wide minimum). 77. Any non - standard improvements within the easement areas requires an Encroachment Agreement with the City. 78. Construct a new ADA curb ramp at the corners of Via Malaga /Via Lido and Via Malaga /Via Oporto per City Standard STD - 181 -L. An easement for sidewalk purposes may be required to accommodate an ADA compliant curb ramp at the Via Malaga /Via Oporto intersection. 79. Tree types and sizes shall be clearly identified on plans. 80. County Sanitation District fees shall be paid prior to the issuance of any building permits. Tmplt: 0 511 612 01 2 Planning Commission Resolution No. 1921 Page 31 of 32 81. No building permits may be issued until the appeal period has expired, unless otherwise approved by the Planning Division. Building permits for structures located across the existing property lines shall not be issued until the tract map has been recorded. 82. Subsequent to recordation of the Tract Map, the applicant shall apply for a building permit for description change of the subject project development from "duplex" to "condominium." The development will not be condominiums until this permit is finaled. The building permit for the new construction shall not be finaled until after recordation of the Tract Map. 83. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport Beach Municipal Code, approved street numbers or addresses shall be placed on all new and existing buildings in such a location that is plainly visible and legible from the street or road fronting the subject property. Said numbers shall be of non - combustible materials, shall contrast with the background, and shall be either internally or externally illuminated to be visible at night. Numbers shall be no less than 4 inches in height with a one - inch -wide stroke. The Planning Department Plan Check designee shall verify the installation of the approved street number or addresses during the plan check process for the new or remodeled structure. 84. Tentative Tract Map No. 17555 shall expire 24 months from the date of approval pursuant to NBMC Chapter 19.16.010, unless an extension is otherwise granted by the City for the period of time provided for in the Development Agreement pursuant to the provisions of California Government Code Section 66452.6(a). 85. New development within the project site shall be subject to the state - mandated school fees and Newport Mesa School District general obligation taxes based upon assessed value of the residential and commercial uses. 86. Prior to Final Map approval, the applicant shall submit draft Covenants Conditions and Restrictions (CC &Rs) that are prepared by an authorized professional for review and approval by the Director of Community Development and City Attorney, which will be recorded concurrently with the Final Map, and which will generally provide for the following: a. Creation of a Homeowner's Association, for the purpose of providing for control over and long term maintenance at the expense of the Homeowner's Association and /or Sub - associations of the common area improvements. A provision shall be included that internal project circulation areas, sidewalks, paths, drive aisles, common landscape areas and irrigation, community walls and fencing, sewer laterals, water laterals, common utilities not maintained by the utility provider, and drainage facilities are private and shall be maintained by, and at the expense of the Tmplt: 05/16/2012 Planning Commission Resolution No. 1921 Page 32 of 32 Homeowner's Association unless otherwise approved by the Director of Public Works. b. A provision that the architecture and exterior building materials of the dwelling units shall be maintained in a quality, color, and type so the appearance is consistent with the original project as developed. c. A provision that residents shall park only operable vehicles within the parking garage that are in active use (i.e. no long term storage of vehicles). d. A provision that all homeowners and residents will be provided, prior to purchase closing or upon signing of rental agreement, the information and requirements for water conservation pursuant to NBMC Chapter 14.16, Water Conservation and Supply Level Regulations. e. A provision that all appropriate written notifications shall be provided to all initial and subsequent buyers, lessees, and renters within the Lido Villas project notifying them that the area is subject to noise from existing land uses, traffic on Via Lido, and construction within the project and surrounding areas, and as a result, residents and occupants of buildings may experience inconvenience, annoyance, or discomfort arising from noise. f. Information to be provided to future residents that uses and structures are subject to the requirements of the approved Lido Villas Planned Community Development Plan. g. Provisions that the following recordation of the Final Map, the Association formed for the subdivision shall submit to the Community Development director a list of all current Officers of the Association after each election. h. A provision requiring that proposed amendments to the CC &Rs shall be submitted for review to the Community Development Director or designee, and shall be approved by the city Attorney prior to the amendments being valid. L A provision that garage parking spaces shall be used only for parking of operational vehicles and not for storage. j. A provision that the City is a third -party beneficiary to the CC &R's and has the right, but not the obligation, to enforce any of the provisions of the CC &Rs. Tmplt 05/16/2012