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HomeMy WebLinkAbout2013-78 - Approving Site Development Review No. SD2013-001 and Tentative Tract Map No. NT2013-001 for the Lido Villas Project Located at 3303 and 3355 Via Lido (PA2012-146)RESOLUTION NO. 2013 -78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING SITE DEVLOPMENT REVIEW NO. SD2013 -001 AND TENTATIVE TRACT MAP NO. NT2013 -001 FOR THE LIDO VILLAS PROJECT LOCATED AT 3303 AND 3355 VIA LIDO (PA2012 -146) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS, 1. 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 adoption of a mitigated negative declaration and 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. A site development review and tentative tract map are required to allow the development of the 23 unit condominium project on the project site. 3. The requested General Plan Amendment and Coastal Land Use Plan Amendment for 3303 Via Lido to the RM (Multi -Unit Residential) land use designation will provide consistency with the proposed land use and development for the project site. The requested Zoning Code amendment for both parcels on the project site to the PC Zoning District and adoption of the Lido Villas Planned Community will provide consistency with the proposed land use and development for the project site. 4. The Planning Commission considered a staff report on the application 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 Municipal Code. The Planning Commission continued the item to the September 5, 2013, Planning Commission Meeting. 5. A public hearing was held by the Planning Commission 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 hearing. At the conclusion of the public hearing, the Planning Commission voted (7 ayes and 0 noes) to adopt Planning Commission Resolution No. 1921 recommending City Council adoption of the Mitigated Negative Declaration and approval of the General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code Amendment, Site Development Review, and Tract Map. 6. A public hearing was held by the City Council on November 12, 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 .City Council at this hearing. SECTION 2, CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment period beginning on July 12, 2013, and ending on August 13, 2013. The environmental document and comments on the document were considered by the City Council in its review of the proposed project. 3. 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. 5. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, release and hold harmless the 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 the project, the project`s approval based on the City's CEQA determination and /or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. 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, or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. SECTION 3. REQUIRED FINDINGS. Site Development Review A site development review is required pursuant to Section 20.52.080 (Site Development Review) of the Zoning Code for the construction of five or more residential units processed in conjunction with a tentative tract map. 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 project, consisting of a a 23 -unit condominium project is consistent with the proposed Lido Villas Planned Community Zoning District that allows 23 residential condominium units. A -2. The existing discretionary approvals on the project site will be rescinded because these uses are no longer supported by the land uses and development authorized under the Lido Villas project. These approvals will become null and void upon the demolition of the existing development on the project site. 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 rights) -of -way and compliance with Section 20,30. 100 (Public View Protections); and Facts in Support of Finding: B-1. The project is consistent with the 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 for the project site. 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 as promoted by the General Plan. B -5. Mechanical equipment for the residential units has been located within enclosures at the roof level to reduce noise impacts and the enclosures will 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 development 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 fagades 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 are 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. B -12. The project will relocate three on- street parking spaces along Via Malaga, resulting in no loss of on- street parking spaces currently provided. 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 will provide adequate sight distance at each driveway, as determined by the City Traffic Engineer and as required by the conditions of approval. B -13. 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 for parking circulation and all setback areas are otherwise landscaped. A variation of ornamental groundcover, vines, shrubs, and trees are utilized to help soften and buffer the massing of the condominium units. Landscaping consists of drought tolerant landscaping, consistent with the standards prescribed by the Lido Village Design Guidelines. B -14. New street trees will be provided along all three street frontages adjacent to Via Lido, Via Malaga, and Via Oporto. B -15. 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 -16. The proposed residential development provides a series of common outdoor living areas that includes open plazas and landscaped seating areas between the residential buildings. 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 -17. 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. . . 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. 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 vehicular access points and providing an architecturally pleasing project with articulation and building modulation 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 (Outdoor Lighting) 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 public rights -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: _....... _._.. 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. Facts in Support of Finding: A -1. The proposed project, consisting of a a 23 -unit condominium project is consistent with the proposed Lido Villas Planned Community Zoning District that would allow 23 residential condominium units. 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 subject to conditions of approval 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 Quatemary alluvial and fluvial sedimentary deposits and the area of the subject site is considered seismically active. Groundwater was measured at approximately 5 feet 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 recommendations for construction of the proposed project to ensure the safety and suitability of the proposed development that will be implemented during project design and 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. 8 -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. 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 29081 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. G2. 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. 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 enforced. _• 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 private main within the project site that will connect to an existing public 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. 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. 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: N -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. r s 1. 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 shareand park fees for the development of the new dwelling units as conditions of approval. 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 and will be applied and enforced. 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. 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. 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 due to the change from PI to RM (loss of an existing religious institution). The majority of the 1.2 acre project site is currently designated for Multiple -Unit Residential (RM -D) land uses. 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 and existing public street parking is not reduced. SECTION 4. DECISION. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: The City Council of the City of Newport Beach hereby approves Site Development Review No. SD2013 -001 and Tentative Tract Map No. NT2013 -001, subject to the conditions of approval, attached as "Exhibit A ". Site Development Review No. SD2013 -001 and Tentative Tract Map No. NT2013- 001 shall not become effective until the effective date of approval by the California Coastal Commission of the amendment to the Coastal Land Use Plan, LC2013- 001. 3. This resolution supersedes Use Permit No. UP1208 and Variance No. VA489 for 3303 Via Lido and Use Permit No. UPI 963, Use Permit No. UP0913, Use Permit No. UP0315, Use Permit No. UP0202, Use Permit No. UP0034, Variance No. VA0261, Variance No. VA0911, Telecom Permit No. TP2011 -001 (PA2011 -002), and Abatement Extension (PA2011 -153) for 3355 Via Lido, which upon issuance of demo permits for the existing development, shall become null and void. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 12th day of November, 2013. ATTEST: Keith D. Curry, Mayor "IJ ;1 Leilani I. Brown, City Clerk EXHIBIT "A„ 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.) 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. 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 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 approval. 4. 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. A credit for the existing commercial square footage shall be applied toward this fee and any remaining balance shall be charged to the applicant. 5. 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. 6. 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 as provided in Exhibit "B" of City Council Resolution No. 2013 -76 for the project. 7. The floor plans and building envelopes for each residential unit are approved as precise plans, unless minor revisions are approved by the Community Development Director. Revisions may not authorize floor area additions or changes to the building envelopes. 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. 8. A total of 46 enclosed garage parking spaces and 12 ground level guest parking spaces shall be provided as illustrated on the approved plans. 9. 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). 10. 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. 11. 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. 12. 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 11 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, inform and notice the responsible party, and, as appropriate, cite the responsible party and/or shut off the irrigation water. 14. Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards 15. 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. 16. 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. 17. All parking area and walkway light fixtures shall be full cut -off fixtures. 18. 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. 19. 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. 20. 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. 21. Storage outside of buildings in any parking areas, landscape areas, or setback areas shall be prohibited. 22. 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. 23. 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. 24. 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. 25. 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 26. 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 refer to Newport Beach Guideline C.01 and C.02 for fire lane requirements and approved marking of fire lane. 27. 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. 28. Fire Department connections are required to be located within 150 feet of a public hydrant. 29. Smoke detectors are required and are to be located as per the California Building Code, Building Division Conditions 30. 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 Califomia Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 31. 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. 32. Prior to the issuance of building permits, accessible parking shall be provided within the common parking area. 33. 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. 34. 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. 35. 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. 36. Prior to the issuance of building permits, mechanical units shall comply with sound rating requirements. 37. 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. 38. The applicant shall employ the following best available control measures ( "BACNis ") to reduce construction- related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • 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. 39. 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. 40. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 41. 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. 42. 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 43. 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. 44. 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 CARD standards. Scanned images will not be accepted. 45. Prior to recordation of the parcel map, the surveyorlengineer 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. 46. All improvements shall be constructed as required by Ordinance and the Public Works Department. 47. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels, curb and gutter along the Via Oporto, Via Malaga, and Via Lido frontages. 48. 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. 49. 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. 50. All existing private, non - standard improvements within the public right -of -way (i.e, non- standard sidewalks and brick paving) and /or extensions of private, non- standard improvements into the public right -of -way fronting the development site shall be removed. Reconstruct the improvements per City Standard. 51. 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. 52. 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 the way 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. 51 An encroachment permit is required for all work activities within the public right - of -way. 54. 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 and shall be revised to comply with this standard. 55. 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. 56. All on -site drainage shall comply with the latest City Water Quality requirements. 57. AMR (Automated Meter Reading) water meters shall be installed at owner's expense. 58. Project shall maintain a looped water system through the project site. The water line shall connect to the 6 -inch main in Via Malaga, 59. Service lines shall be a minimum of 10 inches and the City does not permit half sized lines. 60. Irrigation and meter fire service, if proposed, shall be protected by a City approved backflow assembly. 61. Lampholes shall be installed at all main line dead ends. 62. All unused sewer laterals shall be capped at the property line. 63. All unused water services shall be capped at the main (corporation stop). 64. No trees shall be planted within a public utilities easement. 65. Water and sewer mains shall have a minimum separation of 10 feet. 66. Water service laterals and sewer laterals shall have a minimum separation of 5 feet. 67. The relocation of the project driveway on Via Oporto will require a street light relocation. The applicant shall install a new street light per City Standard and any new street lights shall match the existing street lights in the surrounding area. 68. Edison vents along Via Malaga shall be relocated as part of the proposed project. One vent is located within the project's proposed driveway. 69. 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). 70. Any non - standard improvements within the easement areas require an Encroachment Agreement with the City. 71. 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. 72. Tree types and sizes shall be clearly identified on the improvement plans. 73. County Sanitation District fees shall be paid prior to the issuance of any building permits. 74. Prior to issuance of building permits for the construction of 23 dwelling units, the Final Tract Map shall be recorded to merge the underlying parcel lines and establish a 23 -unit condominium tract. 75. In compliance with the requirements of Chapter 9.04, Section 505.1 (Premises Identification), 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. 76. County 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. 77, 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. 78. 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 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. i. 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. STATE OF CALIFORNIA } COUNTY OF ORANGE } M CITY OF NEWPORT BEACH } 1, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2013 -78 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12"' day of November, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13"' day of November, 2013. 4* - rft�-- City Cler Newport Beach, California (Seal)