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HomeMy WebLinkAbout18 - 919 Bayside Residential Planned CommunityCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 January 8, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Brandon Nichols, Associate Planner (949) 644 -3234, bnichols(a-city.newport- beach.ca.us SUBJECT: Bayside Residential Planned Community (PA2007 -166) 919 Bayside Drive • Planned Community Development Plan Amendment No. 2007- 004 • Amendment to Newport Tract Map No. 2004 -001 (Tentative Tract Map No. 15323) ISSUE Should the City Council approve amendments to the Bayside Residential Planned Community District Regulations (PC Development Plan) and associated 17 -lot, single - unit residential tract map? RECOMMENDATION Review the proposed PC Development Plan amendment and tract map amendment, receive.public comments, and: 1. Adopt Resolution No. 2008- approving the amendment of Newport Tract Map No. 2004 -001; and 2. Introduce Ordinance No. 2008- approving Planned Community Development Plan Amendment No. 2007 -004 and pass to second reading on January 22, 2008. BACKGROUND The Bayside Residential Planned Community was originally recommended for approval by the Planning Commission in 2005 and approved by the City Council in March 2006. Approval of the project required the following Council actions: Bayside Residential Planned Community January 8, 2008 Page 2 • Adoption of Code Amendment No. 2004 -003 to change the zoning of the property from Multi - Family Residential to Planned Community (PC -55). • Adoption of the PC Development Plan to regulate development of the new planned community. • Approval of Newport Tract Map No. 2004 -001 to subdivide the property into 17 single -unit residential lots. Subsequent to City Council approval, the PC Development Plan and tract map were forwarded to the California Coastal Commission for review and approval of a Coastal Development Permit to develop the site. In February of 2007, a Coastal Development Permit was approved for the site, subject to the fulfillment of a number of conditions. Many of the conditions deal with the provision and maintenance of public coastal access within the development. Compliance with these conditions necessitates amendments to the PC Development Plan and tract map. DISCUSSION The proposed changes to the PC Development Plan and tract map are discussed in detail in the Planning Commission Staff Report dated 12/06/07 (Attachment D) and are summarized as follows: • Entry gates have been removed from the project. • A public sidewalk has been added along the perimeter of the internal ring road serving the development. • All streets, sidewalks and parking within the development will be open and available for public pedestrian, bicycle, and vehicular use. An easement for public access, dedicated to the City, will be placed across these areas. Maintenance of these areas will be the responsibility of the home owners association. In reviewing the PC Development Plan amendment, staff also recommended minor changes and clarifications to the language of the planned community development regulations. These changes are discussed in the Planning Commission Staff Report and are incorporated into the amended PC Development Plan. A copy of the amended PC Development Plan is contained in zhe attached ordinance. PLANNING COMMISSION ACTION The Planning Commission adopted a resolution recommending City Council approval of the PC Development Plan amendment and tract map amendment. No changes to the applicant's proposal were made. Areas of discussion included: • The diminished level of privacy created by the tract map changes. Bayside Residential Planned Community January 8, 2008 Page 3 • Setback requirements for lots adjacent to the water (although no changes to the originally approved setbacks were proposed as part of this application). ENVIRONMENTAL REVIEW A Mitigated Negative Declaration was prepared and certified for the project. It was determined that the project, with required mitigation measures, would have a less than significant impact on the environment. The proposed changes to the PC Development Plan and tract map are minor in nature and do not change the project in any way that would result in potentially significant environmental impacts beyond those analyzed in the certified Mitigated Negative Declaration, SUMMARY Staff has reviewed the proposed changes to the PC Development Plan and tract map and finds them to be minor in nature and necessary to implement the conditions of the Coastal Development Permit for the project. The changes do not increase the density or intensity of the development and do not result in significant changes to the design of the subdivision or intent of the PC Development Plan. The Planning Commission has reviewed the proposed amendments and has recommended City Council approval. Staff therefore recommends the City Council approve the PC Development Plan and tract map amendments.. PUBLIC NOTICE Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Submitted by: Brandon Nichols, Associate Planner FR Attachments: A. Draft Resolution B. Draft Ordinance C. Amended Newport Tract Map No. 2004 -001 (Tentative Tract Map No. 15323) D. Planning Commission Staff Report dated 12/6/07 E. Draft Minutes of the 12/6/07 Planning Commission Meeting Attachment A Draft Resolution 7 lu RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING NEWPORT TRACT MAP NO. 2004-001 (TENTATIVE TRACT MAP NO. 15323) FOR PROPERTY LOCATED AT 919 BAYSIDE DRIVE (PA 2007 -166). WHEREAS, on November 3, 2005, the Planning Commission adopted Resolution No. 1679 recommending that the City Council approve Code Amendment No. 2005 -007, The Bayside Residential Planned Community Development Regulations (PC Development Plan), Newport Tract Map No. 2004 -001, and Coastal Residential Development Permit No. 2005 -001, and adopt a Mitigated Negative Declaration (SCH No. 2005 -061019) for development of a 17 -lot single -unit residential subdivision located at 919 Bayside Drive (Project); and WHEREAS, on March 14, 2006, the City Council adopted Resolution No. 2006- 20 approving Newport Tract Map No. 2004 -001 to subdivide the property and adopted Ordinance No. 2006 -6 (approving Code Amendment No. 2005 -007 and the PC Development Plan) to establish a Planned Community (PC) zoning designation for the property and provide development regulations for the Project and new PC zone; and WHEREAS, an application was filed by UGS Development Inc. to amend Newport Tract Map No. 2004 -001 in order to comply with the conditions of the Coastal Development Permit for the Project; and WHEREAS, on December 6, 2007, the Planning Commission considered the application at a noticed public hearing held in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at the meeting; and WHEREAS, the Planning Commission voted (7 -0) to recommend approval of the tract map amendment; and WHEREAS, on January 8, 2008 the City Council considered the tract map amendment at a noticed public hearing held in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at the meeting; and WHEREAS, the tract map amendment is necessary to implement the conditions of approval of the Coastal Development Permit for the Project; and WHEREAS, the tract map amendment is minor in nature, consistent with the intent of the original tentative map approval, does not result in an increase in density or intensity, and does not create any additional environmental impacts beyond those analyzed in the Mitigated Negative Declaration for the Project. 09 City of Newport Beach City Council Resolution No. Paae 2 of 16 NOW, THEREFORE, BE IT RESOLVED: Section 1. The City Council hereby approves Newport Tract Map No. 2004 001, as amended, dated November 20, 2007, and subject to the revised Conditions of Approval as set forth in Exhibit "A" attached hereto and made part hereof. PASSED, APPROVED AND ADOPTED THIS 8th DAY OF JANUARY 2008. AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK A City of Newport Beach City Council Resolution No. Page 3 of 16 Exhibit "A" Conditions of Approval The following conditions shall apply to all development pursuant to the Bayside Planned Community Development Regulations and are adopted as conditions of approval of Newport Tract Map No. 2004 -001 (Tentative Tract Map No. 15323): 1. Water service to the Planned Community will be furnished by the City of Newport Beach. Each dwelling unit/building shall be served with an individual water service lateral connection to the public water system unless otherwise approved by the Public Works Department and the Building Department. 2. Sewage disposal service facilities to the Planned Community will be provided by the City of Newport Beach and the Orange County Sanitation District. Each dwelling unit/building shall be served with an individual sewer service lateral connection to the public sewer system unless otherwise approved by the Public Works Department and the Building Department. 3. Grading and erosion control shall be carried out in accordance with the provisions of Coastal Development Permit 05 -06 -145, and the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 4. The developer shall comply with the City's water quality and on -site non -storm runoff retention requirements by the preparation and approval by the City of a Stormwater Pollution Prevention Plan (SWPPP), consistent with Special Condition 9 of Coastal Development Permit 05 -06 -145. Existing drainage outlets within the existing bulkheads that discharge on -site runoff into the Bay shall be modified to meet the City's on -site runoff water quality requirements. 5. Fire equipment access walkways, streets, gangplanks, and dock ways shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the City Newport Beach Building and Fire Departments. 6. Street, drainage and utility improvements shall be submitted on City standard improvement plan formats. All of the plan sheets shall be prepared by California licensed professionals responsible for the designs shown on the Plans. 7. All improvements authorized by Coastal Development Permit 05 -16 -145 shall be subject to review and approval by the City of Newport Beach Public Works Department. I City of Newport Beach City Council Resolution No. Page 4 of 16 8. The California Vehicle Code shall be enforced on the publicly accessible, privately owned and maintained streets and drives, and delineation acceptable to the Police Department and Public Works Department shall be provided along the sidelines of the streets and drives. 9. Curb -side collection of refuse shall be subject to City of Newport Beach approval. 10. The design of public access improvements shall provide for full public access 24- hours a day, 7-days a week to 100% of the bay frontage along Promontory Bay Channel and Balboa Channel. The existing walkway along the Promontory Channel shall be improved to provide a minimum width of eight (8) feet unobstructed passage and a planter, two feet in width, extending the length of the walkway. A new, on -land and cantilevered public walkway along the water front shall be eight (8) feet clear and shall be constructed to meet all ADA standards as shall the new ramp connecting this walkway with the existing floating walkway. 11. A 12 -foot wide concrete sidewalk/bike path behind the street curb face shall be provided along the Bayside Drive frontage. 12. All on -site common area improvements such as parks, docks, and entry, all on- site drainage, sanitary sewer, water, and electrical systems shall be owned or leased, operated and maintained by the HOA. 13. All overhead utilities serving the P -C shall be made underground. 14. The developer shall be required to submit a sign plan. for review by the Planning Department for conformity with Chapter 20.67 of the Zoning Code. The sign plan shall be consistent with Special Conditions 5 and 6 of Coastal Development Permit 05 -06 -145. The sign plan shall include informational signs at the access to Lot B from Bayside Drive right -of -way, at the juncture of the Promontory Bay accessway on Lot B with the on -land and cantilevered accessway along the Bay, and at the location where the prolongation of the easterly property line of the subject property intersects with the floating dockway clearly identifying such improvements as public walkways and inviting pedestrians. Sign text and graphics are subject to review and approval of the Planning Director. 15. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the Planned Community District Regulations. 16. The development shall be in substantial conformance with the approved Tentative Tract marked Attachment 4 to the City Council Staff Report for PA 2007 -166 dated It. date i€pij °ct), and approved by Coastal Development Permit 05 -06 -145. Ar City of Newport Beach City Council Resolution No. Paae 5 of 16 17. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. 18. 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. 19. 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. 20. Should this site be sold or otherwise come under different ownership or be operated by a different entity than the applicant, any future owners, assignees or operators shall be notified of the conditions of this approval by the current owner or leasing company. 21. No dwelling other than one, single - family, detached dwelling may be constructed on any buildable lot created by Tentative Tract Map 15323. No dwelling may exceed a height of twenty -eight (28) feet as measured consistent with Municipal Code Section 20.65.030, "Measurement of Height ". For this purpose, "grade" shall be the respective pad elevations shown on the Tentative Tract Map. These restrictions shall be included in the Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Clerk at the time a Final Map is recorded. 22. Boat slips fronting the project site shall be operated as a residential marina for the residential leaseholds of the Bayside Residential Planned Community. The slips shall not be rented to anyone who is not a resident of the Bayside Residential Planned Community. These restrictions shall be incorporated into Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Clerk. 23. The applicant shall prepare architectural guidelines that will apply to the design of all dwellings proposed for construction on lots created by Tentative Tract Map 15323 approved together with this Use Permit. The architectural guidelines shall be subject to review and approval of the Planning Director. The architectural guidelines shall be incorporated into Conditions, Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with the County Clerk at the time a Final Map is recorded. The CC&R's shall require that all dwellings and improvements comply with the architectural guidelines. 24. The applicant shall prepare plans for construction of public access improvements on Lot B including the public walkway improvements along Promontory Bay, the on- land and cantilevered walkway along the existing bulkhead, the ramp connecting the on -land and cantilevered walkway with the existing floating dockway, and related improvements consistent with revised Tentative Tract Map 15323 as 6 City of Newport Beach City Council Resolution No. Paae 6 of 16 necessary to comply with handicapped access requirements of the California Building Codes and to enhance pedestrian safety and improve the visual character of public access through inclusion of lighting, railings, and other appropriate improvements. The plans shall be consistent with Coastal Development Permit 05- 06 -145 and developed in consultation with the City's Harbor Resources Division and subject to final approval by Harbor Resources, Public Works, and Planning. 25. The on -land and cantilevered walkway and ramp shall be designed to meet exiting and fire protection requirements as specified by the applicable Codes and shall be subject to review and approval by the Newport Beach Building, Fire, and Harbor Resources Departments. 26. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 27. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 28. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 29. A sign plan, consistent with Coastal Development Permit 05 -06 -145 shall be submitted for review for conformity with Chapter 20.67 of the Zoning Code. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110 -L to ensure that adequate sight distance is provided. 30. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 31. The Developer shall file one (1) Final Tract Map (Map). 32. The Map shall be prepared on the California coordinate system (NAD88). 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 the Orange County Subdivision Code and Orange County Subdivision Manual. 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. 33. The Final Map shall include reconfigured Lots C and D that encompass the perimeter wall to be reconstructed along the Bayside Drive frontage and a 16 City of Newport Beach City Council Resolution No. Page 7 of 16 landscaped area, minimum 6 -feet in width, measured between the back of the existing public sidewalk as shown on the Tentative Tract Map and the face of the reconstructed perimeter wall. 34. The Developer of the Bayside Planned Community shall obtain and maintain a valid Harbor Permit for the continued operation and maintenance of the existing or future docks, gangplanks and other dock related improvements. This Harbor Permit shall be transferred to the Homeowners Association (HOA) for the Bayside Planned Community upon its creation. As a condition to the Harbor Permit, the fee owner and leasehold owner shall execute an agreement to provide and maintain public access as identified within these Planned Community District Regulations and these conditions of approval. 35. The Final Map shall be revised to provide a lettered lot coterminous with the cantilevered public walkway along Lots 3 -9. Said lot shall be owned and maintained by the Home Owners Association for public access purposes and said lot shall not be obstructed or used for other purposes. 36. Prior to recordation, the Map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the City Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 37. A hydrology and hydraulic study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the Map. 38. Submit written documentation from the holders of the various existing easements shown on the Tentative Tract Map as being relocated or replaced ore relinquished that they have reviewed and agreed with the quitclaim of their respective easements as proposed by the Developer. 39. Easements for public ingress /egress, weekly refuse service, and public utility purposes on all publicly accessible, privately owned and maintained streets and drives shall be dedicated to the City. Said easements shall be shown on the tract maps. 40. No structures shall be constructed within the limits of any utilities easements. 41. All applicable fees shall be paid prior to the City approval of the Final Tract Map. City of Newport Beach City Council Resolution No. Paae 8 of 16 42. Construction surety in a form acceptable to the City, guaranteeing the completion of the various required public improvements, shall be submitted to the Public Works Department prior to the City approval of the Final Tract Map. 43. All improvements within the public right -of -way shall be designed and constructed per City Standards. 44. In the event that private construction work damages existing public improvements surrounding the site, the Public Works Inspector at his discretion will require additional public works reconstruction work as needed. 45. The centerline of the curb access ramps proposed at the development site entrance shall parallel with the Bayside Drive roadway alignment. 46. The construction of bulkhead and gangways requires separate plan check and permits. 47. The construction of bulkhead and gangways shall be performed only during periods of low tide. Plastic sheeting shall be placed below the work location to collect the fallen construction debris. The collected debris shall be removed and disposed of at the end of each workday. 48. Prior to the construction of bulkhead and gangways, a determination shall be made by a qualified biologist as to the existence of eelgrass surrounding /nearby the work site. In case of eelgrass, the Developer shall coordinate with the City's Harbor Resources Division to apply for and obtain the required permits from The US Army Corps of Engineers, The US Wildlife and Fishery Service, The California Coastal Commission, and other agencies for the work. 49. All improvements shall be designed and constructed in accordance with the current edition of the City Design Criteria, Standard Special Provisions, and Standard Drawings. 50. Street, drainage and utility improvements shall be submitted on City standard improvement plan formats. All of the plan sheets shall be prepared by California licensed professionals responsible for the designs shown on the Plans. 51. All on -site drainage, sanitary sewer, water, and electrical systems shall be owned, operated, and maintained by the Homeowners Association. 52. There are existing drainage outlets within the existing bulkheads that discharge on -site runoff into the Bay. Submit details on the disposition of these existing drainage outlets. If these outlets are to remain in place, submit details as to how .these outlets will be modified to meet the City's on -site runoff retention water quality requirements. )". City of Newport Beach City Council Resolution No. Pacie 9 of 16 53. Details shall be provided as to how the development will comply with the City's water quality and on -site non -storm runoff retention requirements. 54. All storm drain and sanitary sewer mains shall be installed with MacWrap. 55. ADA compliant curb access ramps shall be constructed at all interior curb returns. 56. Each dwelling unit/building shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 57. The intersection of the street with Bayside Drive shall be designed. to provide sight distance for a secondary roadway per City of Newport Beach Standard Drawing STD - 110 -L. Slopes, landscaping, walls, signs and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height and the monument identification sign must be located outside the line of sight cone. The sight distance may be modified at non - critical locations, subject to approval by the Traffic Engineer. 58. Provide details on the vehicular turnaround area for garaged vehicles exiting Lots No. 3, No. 9 and Lot No. 15 and revise as required by the City Engineer. 59. On -site parking, vehicular circulation and pedestrian circulation system shall be subject to further review by the City Traffic Engineer. 60. Provide Class III standpipe system at existing dock. Remove 2'% connections at the bulkhead. 61. Provide fire department connection for docks on Bayside Drive. Fire Department connection shall be located within 150 feet of a public hydrant on same side of street. 62. Automatic fire extinguishing system required for residential units when the total floor area exceeds 5,000 square feet. 63. Minimum width at entrance shall be 14 feet clear. 64. Tuming radius for fire apparatus shall not be less than 20 feet inside radius and 40 feet outside radius. Show on plan. 65. Any obstructions in required fire access roadways, including speed bumps and speed humps, are prohibited. 66. Provide on -site public fire hydrants. i3 City of Newport Beach City Council Resolution No. Page 10 of 16 67. Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City policies. 68. Prior to the issuance of arading /building permits, the final design of all required off -site right of way improvements shall be reviewed and approved by the Public Works Department and Traffic Engineer. 69. Prior to the issuance of grading permits, the applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large vehicles. The plan shall include a haul route plan for review and approval of the Public Works Department. Said plan shall specify the routes to be traveled, times of travel, total number of trucks, number of trucks per hour, time of operation, and safety /congestion precautions (e.g., signage, flagmen). Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 70. _Prior to the issuance of individual building permits, the applicant shall provide designs for building foundations and slabs appropriate to mitigating liquefaction hazard. 71. Prior to the issuance of grading, the applicant shall provide results from an inspection by a qualified engineer indicating the condition of the bulkheads and tiebacks and make repairs to same as necessary. 72. Prior to the issuance of a grading permit, a Stormwater Pollution Prevention Plan ( SWPPP) shall be prepared and approved by the City of Newport Beach as the local permitting agency in accordance with the requirements of the Regional Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to eliminate and /or minimize stormwater pollution prior to, and during construction. The SWPPP shall require construction to occur in stages and stabilized prior to disturbing other areas and require the use of temporary diversion dikes and basins to trap sediment from run -off and allow clarification prior to discharge. 73. Prior to the issuance of a -grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the I City of Newport Beach City Council Resolution No. Page 11 of 16 Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the City. 74. Prior to the issuance of a grading permit, the applicant shall obtain a NPDES permit. The applicant shall incorporate storm water pollutant control into erosion control plans using BMPs to the maximum extent possible. Evidence that proper clearances have been obtained through the State Water Resources Control Board shall be given to the Building Department prior to issuance of grading permits. 75. Prior to the issuance of a grading permit, the applicant shall submit evidence to the City Building Official that the applicant has obtained coverage under the NPDES statewide General Construction Activity Stormwater Permit from the State Water Resources Control Board. 76. Prior to issuance of a grading permit, the project applicant shall document to the City of Newport Beach Building Department that all facilities will be designed and constructed to comply with current seismic safety standards and the current City - adopted version of the Uniform Building Code. 77. Prior to issuance of a grading permit, a geotechnical report shall be submitted with construction drawings for plan check. The Building Department shall ensure that the project complies with the geotechnical recommendations included in the "Geotechnical Investigation" (Petra, 2004), as well as additional requirements, if any, imposed by the Newport Beach Building Department. 78. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified archaeologist has been retained to observe grading activities and conduct salvage excavation of archaeological resources as necessary. The archaeologist shall be present at the pre - grading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. 79. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Department that a qualified paleontologist has been retained to observe grading activities and salvage fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the 15 City of Newport Beach City Council Resolution No. Pape 12 of 16 applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of fossils. If major paleontological resources are discovered which require long term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and /or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. 80. Prior to the issuance of a building permit, a detailed acoustical analysis shall be prepared by a qualified acoustical consultant and submitted to the City. This acoustical analysis shall describe and quantify the noise sources impacting the area and the measures required to meet the 65 CNEL exterior residential noise standard. The final grading plans shall incorporate the noise barriers required by the analysis and the property owner /developer shall install these barriers. 81. Prior to the issuance of a grading or building demolition permit, the applicant shall submit an asbestos abatement and removal plan to the City Building Official for approval. The abatement and removal plan shall comply with notification and asbestos removal procedures outlined in SCAQMD Rule 1403 to reduce asbestos related health issues. 82. Prior to the issuance of a demolition permit, the applicant shall submit a lead - based paint abatement and removal plan in accordance with all applicable federal, state, and local regulatory requirements to the City Building Official for approval. 83. Prior to the issuance of a grading or building permit, the applicant shall submit an Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City Building Official, to demonstrate compliance with local and state water quality regulations for grading and construction activities. The ESCP shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into local drainages or coastal waters by wind, rain, tracking, tidal erosion, or dispersion. The ESCP shall also describe how the applicant will ensure that all Best Management Practices (BMPs) will be maintained during construction of any future public right -of -ways. A copy of the current ESCP shall be kept at the project site and be available for City of Newport Beach review on request 84. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect for review and subsequent approval by the Planning Director upon determination that the landscape plan is consistent with City standards and policies. The landscape and irrigation plan shall include landscaping and irrigation within the Bayside Drive right -of -way between the back of public sidewalk and the boundary of the Tract f% City of Newport Beach City Council Resolution No. Paqe 13 of 16 Map. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department, General Services Department and Public Works 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. 85. Prior the issuance of a building permit, the project shall be reviewed by the Building Department to verify compliance with the following requirements: a. Project design must comply with the 1997 Uniform Building Code (UBC) seismic design criteria. b. Structure setback must comply with either the 1997 Uniform Building Code (UBC) or the Orange County Grading Manual. c. Any imported soil for general grading shall have an Expansion Index of less than 60. d. Control site drainage. e. Design footing embedments to resist the effects of expansive soil. f. Maintain a proportionately high dead load component on foundations. g. Over- excavate and moisture soils condition below foundations, floor slabs and hardscape. h. Use of articulation and reinforcement of concrete slabs and footings. i. Use of rigid foundation and floor slabs. 86. Prior to the issuance of a building permit, the project shall be reviewed by the Building Department to verify compliance with the following requirements: a. Provide on -site hydrants. 87. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping materials and irrigation systems have been installed in accordance with the approved plans. 88. Prior to issuance of the certificate of occupancy or final of buildina permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare as specified in these conditions. 11 City of Newport Beach City Council Resolution No. Paae 14 of 16 89. During construction of the proposed improvements: a. construction vehicles shall not block roadways on any roads adjacent to the project site or any of the roads leading to or from the project site; b. construction equipment will be properly maintained at an off -site location and includes proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on -site during construction; C. all contractors will be advised not to idle construction equipment on site for more than ten minutes; d. on -site diesel fueled construction equipment will be fueled with aqueous diesel fuel; e. cover all trucks hauling soil, sand, and other loose materials, or require all trucks to maintain at least two feet of freeboard; f. pave, water (three times daily), or apply non -toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites; g. sweep all paved access roads, parking areas, and staging areas at construction sites daily with water sweepers; h. Sweep streets daily with water sweepers if visible soil material is carried onto adjacent public streets; L Hydro seed or apply non -toxic stabilizers to inactive construction areas; j. enclose, cover, water (twice daily), or apply non -toxic soil binders to exposed stockpiles (dirt, sand, etc.); k. limit traffic speeds on unpaved roads to 15 miles per hour; I. install sandbags or other erosion control measures to prevent silt runoff to public roadways during; M. replant vegetation in disturbed areas as quickly as possible; n. all construction equipment shall be properly tuned and maintained; o. contractors shall maintain and operate construction equipment so as to minimize exhaust emissions; P. trucks and vehicles in loading or unloading queues shall not idle; q. construction activities shall be staged and scheduled to avoid emissions peaks, and discontinued during second -stage smog alerts 90. During construction of the proposed improvements, in accordance with Public Resources Code 5097.94, if human remains are found, the Orange County coroner must be notified within 24 hours of the discovery. If the coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacramento to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. 01 City of Newport Beach City Council Resolution No. Page 15 of 16 91. The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the issuance of a Building Pen-nit. 92. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 93. Prior to issuance of any Certificate of Occupancv, applicant shall provide an agreement, in form acceptable to the City Attorney, which provides for maintenance of landscaping within the Bayside Drive right -of -way between the back of public sidewalk and the boundary of the Tract Map. The agreement shall include right of entry to the right -of -way for the benefit of the applicant, the Homeowners association, and any successors for purposes of maintaining the landscaping. 94. Prior to issuance of any Certificate of Occupancy, applicant shall complete construction of public access improvements including the walkway along Promontory Bay, the on -land and cantilevered walkway across and along the bulkhead, and the ramp connecting this walkway to the existing floating walkway. 95. Prior to issuance of a Certificate of Occupancv for the first dwelling constructed in the tract, applicant shall provide an agreement, in form acceptable to the City Attorney, which provides for maintenance of the pedestrian accessways on Lot "B", for the ramp extending from such accessways to the floating dock, for the floating dockway, and for related improvements by the Homeowners Association. The agreement shall include right -of -entry to the City's property for the benefit of the applicant, the Homeowners Association, and any successors for purposes of maintaining the improvements. 96. Prior to issuance of any Certificate of Occupancy, applicant shall provide a disclosure statement, in form acceptable to the City Attorney and to the Planning Director, which shall be provided to each prospective lessee of one of the 17 lots in the subdivision advising of the potential noxious characteristics of the nearby boatyard which could adversely affect the prospective lessee's enjoyment of the property. The disclosure statement shall be included and recorded with the Conditions, Covenants, and Restrictions at the County Recorder's Office and each lessee shall be required to acknowledge receipt of the disclosure statement, in writing, prior to executing a lease and the written acknowledgement shall be recorded together with the lease agreement with the County Recorder. 97. Prior to recordation of the Final Tract Map, applicant shall provide an instrument, in form acceptable to the City Attorney, dedicating an easement for public access 11 City of Newport Beach City Council Resolution No. Paqe 16 of 16 over and across the on -land and cantilevered walkway on the bulkhead at the southerly boundary of the Tract, the pedestrian ramp extending from the walkway on the bulkhead to the floating walkway, and that portion of the floating walkway shown on the Tract Map and necessary to provide pedestrian access from the pedestrian ramp to the floating dockway on the adjacent property to the east. K Attachment B Draft Ordinance OI ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2007 -004 FOR PROPERTY LOCATED AT 919 BAYSIDE DRIVE (PA 2007 -166) WHEREAS, on November 3, 2005, the Planning Commission adopted Resolution No. 1679 recommending that the City Council approve Code Amendment No. 2005 -007, The Bayside Residential Planned Community District Development Regulations (PC Development Plan), Newport Tract Map No. 2004 -001, and Coastal Residential. Development Permit No. 2005 -001, and adopt a Mitigated Negative Declaration (SCH No. 2005 - 061019) for development of a 17 -lot single -unit residential subdivision located at 919 Bayside Drive (Project); and WHEREAS, on March 14, 2006, the City Council adopted Resolution No. 2006 -20 approving Newport Tract Map No. 2004 -001 to subdivide the property and adopted Ordinance No. 2006 -6 (approving Code Amendment No. 2005 -007 and the PC Development Plan) to establish a Planned Community (PC) zoning designation for the property and provide development regulations for the Project and new PC zone; and WHEREAS, an application was filed by UGS Development Inc. to amend the PC Development Plan in order to comply with the conditions of the Coastal Development Permit for the project and to clarify the development standards contained in the plan; and WHEREAS, on December 6, 2007, the Planning Commission considered the application at a noticed public hearing held in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at the meeting; and WHEREAS, the Planning Commission voted (7 -0) to recommend approval of the planned community development plan amendment to the City Council; and WHEREAS, on January 8, 2008, the City Council considered the planned community development plan amendment at a noticed public hearing held in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at the meeting; and WHEREAS, the amended PC Development Plan sets forth use and development standards for the Bayside Residential Planned Community District (PC -55). The regulations provide suitable and adequate standards for future development including those relating to uses, setbacks, building limits, floor area limits and signage; and WHEREAS, the amended PC Development Plan for the development of a 17 -lot single - unit detached residential subdivision is consistent with the General Plan land use designation of Multi -Unit Residential. In WHEREAS, the amendment is necessary to implement the conditions of approval of the Coastal Development Permit for the Project; and WHEREAS, the amendment is minor in nature, consistent with the intent of the original development plan approval, does not result in an increase in density or intensity, and does not create any additional environmental impacts beyond those analyzed in the Mitigated Negative Declaration for the Project. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Bayside Residential Planned Community District Development Regulations shall be amended as provided in Exhibit "A ". SECTION 2: All property and uses within the planned community shall be subject to the regulations contained in the Bayside Residential Planned Community District Development Regulations. SECTION 3: The Mayor shall sign, and the City Clerk shall attest to, the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on January 8, 2008, and adopted on January 22, 2008, by the following vote, to wit: AYES, COUNCIL MEMBE NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS ATTEST: CITY CLERK uF.Vi!] 7 0?3 EXHIBIT "A" NORTH BAY ROAD (919 BAYSIDE DRIVE) Bayside Residential Planned Community District Development Regulations Newport Beach, California Adopted by Ordinance No. - <insert dates TABLE OF CONTENTS Bayside Residential Planned Community District Regulations Page Introduction........................................................................... ............................... 1 ProjectDescription ............................................................... ............................... 1 Section I Statistical Analysis ............................... ............................... 6 Section II Development and Use Regulations ..... ............................... 6 List of Figures Figure I General Site Location .......................... ............................... 4 Figure11 Land Use Plan ..................................... ............................... 5 Figure III Perimeter Setback Exhibit .................. ............................... 10 Figure IV Districting Map .................................... ............................... 11 �.5 The subject of this document is a 4.09 -acre parcel on Bayside Drive that has been designated as "Bayside Residential Planned Community District" on the Districting Map for the City of Newport Beach. The designation was adopted to allow subdivision of the parcel into no more than 17 single - family lots and subsequent construction of custom - designed, luxury homes. The Bayside Residential Planned Community District designation and "Bayside Residential Planned Community District Development Regulations" have been adopted consistent with Chapter 20.35, "Planned Community District', of the Newport Beach Zoning Code. The project site is designated Multi - Family Residential in the Land Use Element of the General Plan. This designation permits both single - family and multiple - family dwellings; however the Bayside Planned Community does not permit more than one unit per number lot within the subdivision. The 4.09 -acre parcel will be developed consistent with the General Plan and with regulations set forth herein and with all applicable ordinances, standards, and policies of the City of Newport Beach. All terms within this document shall be defined herein or they shall derive their meaning from the Newport Beach General Plan and /or Municipal Code. Where this document is in conflict with similar provisions of the Municipal Code, this document shall control. Where this document does not address a particular land use, zoning or development issue, the Municipal Code shall control. Nothing within this document shall be construed to relieve any party from compliance with all applicable laws, guidelines, policies of the Newport Beach Municipal Code. The subject property is located within the Coastal Zone and development pursuant to this PC Text will require compliance with Coastal Development Permit 05 -06 -145 issued by the California Coastal Commission. The general site location and land use plan for the subject property are set forth in Figure 1 and Figure 2. PROJECT DESCRIPTION The Promontory Bay area of Newport Beach is bounded by Newport Bay, Marine Avenue /Jamboree Road and East Coast Highway where the project site is generally located. The Bayside Residential Planned Community District is within this area and is located on the south side of Bayside Drive between Promontory Channel, Newport Bay and the Cove Condominiums across from a neighborhood retail shopping center (Bayside Center) anchored by a supermarket. The Cove Condominiums (multiple - family residential dwellings) are located to the east of the subject property. Vehicular access to the planned community is provided from Bayside Drive by a single access. A bulkhead provides sufficient water depth at the south property line for 1 AO 34 private boat docks and access to the North Channel of Newport Bay. A twelve -foot wide sidewalk/bike path adjoins the property frontage at Bayside Drive. An existing 10- foot -wide irrevocable public access easement extends from Bayside Drive along the westerly boundary of the planned community to the waterfront at the North Channel of Newport Bay. Redevelopment of the subject property pursuant to this Planned Community text requires reconfiguration and reconstruction of improvements within this easement to improve public pedestrian access to the waterfront. These include a new 8 -foot wide sidewalk and a two -foot wide landscaped planter. The easement includes a viewing platform at the southwest corner of the planned community. A 6 -foot wide gangplank extended from the viewing platform to a 6- foot -wide floating walkway parallel to the waterfront at the time of development approval. Development of the property pursuant to the Planned Community text includes removal of the gangplank and dedication of an 8- foot -wide public access easement parallel to the waterfront.at the North Channel. This 8 -foot wide easement is comprised of a 3 -foot wide, on -land component adjoining a 5 -foot wide segment cantilevered over the surface of the water. The width of each easement component is measured from the centerline of the existing bulkhead. Development of the property is conditioned upon construction of an 8 7-foot wide sidewalk on this easement. Both the easement and the walkway extend from the existing, on -land easement along Promontory Bay along the westerly property line of the subject parcel to the easterly property line. An easement to accommodate a ramp and walkway segment (Americans with Disability Act - compliant) outside the boundaries of the Tentative Tract Map are shown on the Tentative Tract Map 15323. Dedication of the easement and construction of the ramp are conditions of project approval. The easement and ramp extend from the bulkhead walkway to the easterly end of the existing floating walkway at the project site where the walkway continues along the waterfront at the Cove Condominium property to the east. The easement and walkway provide unobstructed public access to the waterfront. The ramp will also provide access to the private boat docks. The 4.09 -acre project site is to be developed as a community of custom - designed, single - family homes. Newport Tentative Tract Map No. 2004 -001 (Tract 15323) was approved with this PC Text and accommodates creation of no more than 17 single - family lots represented as numbered lots on the Tract Map. All lettered lots are in common and are intended to accommodate common amenities and other improvements and are not developable for residences. Common area facilities include a street providing access to all lots, a recreation lot which may include a pool, and landscaped areas. A 6 -foot wide fire access easement, that must remain PUBLIC, open and unobstructed at all times, connects the loop road to the public walkway. 2 h '� Adoption of the PC designation and text provided the City the means to maintaining and enhancing public access to the waterfront. Development standards incorporated in the PC Text accommodate residential development consistent with the General Plan Multi - Family designation, yet of reduced scale than might otherwise be allowed, as a suitable transition from Bayside Drive to the waterfront. 'AY. VICINITY MAP NORTH BAY ROAD - T.M. 15323 PLANNED COMMUNITY DISTRICT ADAMS • STREETER CIVIL ENGINEERS, INC. 1.5 Corporate Pork, Irvine, CA 92606 Ph: (949) 474 -2330 Fax: (949) 474 -0251 NOT TO SCALE tiONTACT; MARK NGUYGN 4 °S UNDESIGNATED SINGLE FAMILY DETACHED RECREATIONAL & MARINE COMMERCIAL LAND USE PLAN NORTH BAY ROAD - T.M. 15323 PLANNED COMMUNITY DISTRICT MULTI — FAMILY RESIDENTIAL L NOT: TO' SCALE RETAIL & SERVICE COMMERCIAL EXIST. DOCKS FIG. II MULTI — FAMILY RESIDENTIAL ADAMS • STREETER CIVIL rUGINEERS. INC. 15 Corporate; Park, Irvme. PA '92606 Ph: (949) 474 -233D Fox. (949) 474 -0251 CONTACT MARK NW(M 5 , -0 SECTION I STATISTICAL ANALYSIS 1. Area of Development Total Area: 4.09 Acres 2. Site Area and Usage SECTION II 1 DEVELOPMENT & USE REGULATIONS 1. Permitted Uses A. Single- family, detached dwellings B. Accessory structures (i.e. garages, gazebos, barbeques, fences, walls, etc.) C. Recreation facilities ancillary to residential uses D. Model homes and on -site sales office E. Home occupations pursuant to the Zoning Code 2. Intensity of Development Maximum permissible number of units: 17 single - family, detached dwellings 6 l LOT SUMMARY LOT DESCRIPTION ACREAGE LOTS 1 -17 RESIDENTIAL 2.74 Ac. LOT A RECREATIONAL 0.13 Ac. LOT B PUBLIC PEDESTRIAN INGRESS /EGRESS WITH 0.20 Ac. AN EASEMENT DEDICATED TO THE CITY LOT C OPEN SPACE/LANDSCAPE WITH AN EASEMENT FOR SIDEWALKIPUBLIC ACCESS DEDICATED 0.06 Ac. TO THE CITY LOT D OPEN SPACE / LANDSCAPE 0.07 Ac. LOT E PRIVATE STREET AND SIDEWALK WITH AN EASEMENT TO BE DEDICATED TO THE CITY o.72 Ac. FOR PUBLIC ACCESS AND PUBLIC UTILITIES LOT F WATER FRONT WITH AN EASEMENT FOR 0.14 Ac. PUBLIC ACCESS DEDICATED TO THE CITY LOT G OPEN SPACE/LANDSCAPE WITH AN EASEMENT 0.03 Ac. FOR A SIDEWALKIPUBLIC ACCESS, FIRE ACCESS AND PUBLIC UTILITIES DEDICATED TO THE CITY TOTAL 4.09 Ac. SECTION II 1 DEVELOPMENT & USE REGULATIONS 1. Permitted Uses A. Single- family, detached dwellings B. Accessory structures (i.e. garages, gazebos, barbeques, fences, walls, etc.) C. Recreation facilities ancillary to residential uses D. Model homes and on -site sales office E. Home occupations pursuant to the Zoning Code 2. Intensity of Development Maximum permissible number of units: 17 single - family, detached dwellings 6 l 3. Lot Area. Setbacks and Floor Area Limit a. Minimum lot area shall be no less than 5500 square feet. All front and rear yard minimum setbacks shall be as depicted on the attached exhibit, "Perimeter Setback Exhibit" dated September'19, 2007. b. All side yard minimum setbacks shall be 5 feet or as shown on the attached "Perimeter Setback Exhibit' dated September 19, 2007. c. Minimum 5 foot setback shall be required between each one -story building wall and the front property line. A minimum 10 foot setback shall be required between each two -story building wall and the front property line. d. A minimum of 18 feet is required between the face of the garage door and the front property line. e. Maximum floor area is 1.75 x the maximum buildable area and not including maximum 400 sq. ft. attributable to required, enclosed parking. f. Maximum buildable area shall be the lot area less the minimum front, side and rear yard setbacks. 4. Building Height The baseline for measuring height shall be finished grade. The maximum permissible height of any dwelling shall be 28 feet to the mid -point of a sloping roof or to the top of a flat roof. The peak of a sloping roof shall not exceed 33 feet. If a roof -top deck is proposed, the height of any protective railing shall be no higher than 28 feet. The maximum permissible height of any accessory structure shall be 12 feet. 5. Building Pad Elevations Building pads adjacent to the bulk -head along Newport Channel may be raised to elevations as shown on Tentative Tract Map 2004 -001 (TRACT 15323) approved in conjunction with adoption of this text. 6. Vehicular Access The minimum width of the publicly accessible, privately owned and maintained streets and drives shall be 36 feet measured curb to curb when parking is allowed on both sides of the street and 32 feet curb to curb when parking is allowed on one side or no parking is allowed. Curb -side parking spaces within Lot "E" shall be 8'x 22' minimum. 7. Parking The size of open and enclosed parking spaces and areas shall be as specified by the residential parking standards contained in the Newport Beach Zoning Code. A minimum of two (2) garage parking spaces shall be provided per dwelling. In addition, a minimum of two parking spaces (side -by -side, not tandem) shall be provided on the driveway to each garage of each single - family dwelling. A total of 19 curb -side parking spaces shall be provided on the street that provides access to each buildable lot. 7 �a 8. Si ns All signs shall conform to all applicable sign standards of the Municipal Code. A sign program for the Bayside Planned Community, consistent with Coastal Development Permit 05 -06 -145, shall be submitted pursuant to Section 20.67 of the Zoning Code for review and approval by the Planning Director. 9. Lichtina All lighting within the development shall be implemented and maintained in accordance with applicable 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. All plans for lighting shall be prepared and signed by a licensed electrical engineer and shall be subject to review and approval of the Planning Director. 10. Fences. Heckles and Walls Fences, hedges and walls shall be limited to three (3) feet in height in all front yard setbacks and within rear yard setbacks of the waterfront lots (3 -15). Fences, hedges, and walls shall be limited to six (6) feet in height in all other rear yards, and side yards, including the perimeter wall at Bayside Drive. Exception: Hedges along the perimeter wall along Bayside Drive shall be limited to twelve (12) feet in height. Exception: Open -work walls and fences that are ninety- percent of the wall plane open (wrought iron in combination with pilaster) up to a maximum of six (6) feet in height are permitted at the side property line of each waterfront lot (Lots 3 -15) and extending into the rear yard from the setback line to the waterfront property line. Walls that extend in the same plane as the front (driveway street -side) wall of a dwelling into a required side yard for purposes of enhancing the entrance of an entry courtyard may be up to twelve (12) feet in height. 11. Arbors and Trellises Arbors and trellises may project into front yards abutting the street provided no such structure is closer than five (5) feet to the property line. The footprint area of such structures shall not exceed forty (40) square feet with a maximum height of twelve (12) feet. Arbors and trellises must be at least 50% open. 12. Barbegues Freestanding barbeques may project into all residential rear yards provided a minimum distance of five (5) feet is maintained between the barbeques and the respective side and rear, property lines. No barbeque including chimney may exceed five (5) feet in height. h2 13. Structures in Common Areas Freestanding structures such as entry arbors, trellis, and colonnades are permitted in common areas. Said structures are limited to twelve (12) feet in height. Entry arbors, trellises, and colonnades must be at least 50% open and shall be located at least five (5) feet from the nearest property line or lines. Freestanding fireplaces or barbeques in common areas are permitted with a maximum height of ten (10) feet and subject to compliance with the requirements of the Uniform Building Code. Fireplaces and barbeques must be located at least four (4) feet from the nearest property line or lines. 14. Maintenance of Public Access Maintenance of all public access as required by Coastal Development Permit 05 -06- 145 shall be provided by the Homeowner's Association. 15. Ownership and Maintenance of Streets For purposes of this document, "publicly accessible, privately owned and maintained streets and drives" shall be defined as privately owned and maintained with an easement granted to the City of Newport Beach for permanent 24 -hour public vehicular and pedestrian access per Coastal Development Permit 5 -06 -145 and as shown on Tentative Tract Map No. 15323. W 91 10 35 U13, 6~ m n W. r•+�N�M.nr� wM+ti a }r ui y�.EY. 4I +}En�r rµ wMrrwoNla'Mr) OS-A AC r.rNa �O'ir). ►. n. P-C 'rya+.s�y RC wnE. ASe RSG SdLBO� P -C S°'1e - i YJEdi]' 6+uWN (00 1 ?0 ous A+w 1 BAZ BOA TSLAND CTL-W viW4 a • ---..- � ���_ -� � �— _�� �� � .� ._ �' tea_ - J7 ='r —_ rn nrErar ti� wriEV� n xn -�.« lGME � � m SET BAL.60A ISLAND srs £Al DISTRICTING NEAP A(pn ,r arAcm -- CAL IFnRI � r pry rt � Ooo. .l, MAP p0. Attachment C Amended Newport Tract Map No. 2004 -001 (Tentative Tract Map No-3) 15323) eeacmv ss amnn...xw.n Maur LM -fY fr juarw ..:'' _ ti9 3 ro. € w . z PAY mmm aJU pn urc SMIKIp tm.. mww = Tentative Tract L".. s ..W....T„o�. No 16323 N 11E ORY OF IEAOFORi NiAgl STALE OF CAIFOpNA MMWA ED F06 MM MWOM v��mnJ�w.[mmmwwry mce m _evmm ww vam ���_ Mn pl'�I�� Attachment D Planning Commission Staff Report Dated 12/6/07 I CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT 12!612007 Meeting Agenda Item No. 3 SUBJECT: Bayside Residential Planned Community (PA2007 -166) 919 Bayside Drive ■ Planned Community Text Amendment No. 2007 -004 • Amendments to Newport Tract Map No. 2004 -001 (Tentative Tract Map No. 15323) APPLICANT: UGS Development Inc. PLANNER: Brandon Nichols, Associate Planner (949) 644 -3234, bnichols @city.newport- beach.ca.us BACKGROUND On November 3, 2005, the Planning Commission recommended the City Council establish the Bayside Residential Planned Community zoning district (PC -55) to permit the development of a 17 -lot, single -unit residential subdivision on property located at 919 Bayside Drive. On March 14, 2006, the Council adopted an ordinance establishing the PC -55 district, and adopted the Bayside Residential Planned Community District Regulations (PC Text) to govern development of the new planned community. The Council also approved Newport Tract Map No. 2004 -001 to subdivide the property. Since the property is located in the City's Coastal Zone, development of the project requires the issuance of a Coastal Development Permit by the California Coastal Commission (CCC). Subsequent to City Council approval, the PC Text and tract map were forwarded to the CCC for review and approval. On February 14, 2007, the CCC approved the Coastal Development Permit (CDP) for the project, subject to the fulfillment of a number of conditions. The CDP does not become effective until the applicant has satisfied these conditions. Many of the conditions deal with new requirements for the provision and maintenance of public access within the development. Compliance with these conditions requires amendments to the PC Text and tract map. On March 1, 2007, the CCC mailed a "Notice of Intent to Issue Permit" that outlines the conditions of the CDP. A copy of this document is attached as Exhibit 1. �a Lf 1 E ZONING CURRENT ONCS ITE l�e -R Nei hborhood Commercial NIA edComun Retail Service Commercial N/A Mult n;IL s dental Shoe2ing Center Balboa Island Channel NORTH SOUTH EAST Multi le -Unit Residential Multi-Family Residential Multi-Family Residential WEST NIA N/A Promontory Channel Lf 1 Bayside Residential Planned Community December 6, 2007 Page 3 PROJECT SUMMARY The applicant is proposing to amend the PC Text and tract map for the development in order to implement the conditions of the CDP. In some cases, this requires minor changes to the tract map conditions of approval. To aid in the implementation and administration of the PC Text, Staff has also recommended changes to the format and content of the document. Proposed changes to the PC Text and tract map are discussed in the following sections. Changes to the PC Text and tract map conditions are further clarified in a "track changes" version of the PC Text attached as Exhibit 2 (deletions crossed out and additions underlined). A copy of the revised tract map is attached as Exhibit 3. RECOMMENDATION Adopt Resolution recommending that the City Council approve Planned Community Text Amendment No. 2007 -004 and approve amendments to Newport Tract Map No. 2004 -001. DISCUSSION Public Access To comply with the CDP conditions relating to public access, the following changes to PC Text and tract map are proposed: A sidewalk has been added along the perimeter of the internal ring road serving the development. This sidewalk will be connected to the public right -of -way (sidewalk and bike path adjacent to Bayside Drive) by an additional sidewalk across "Lot C. These changes are reflected on the revised tract map. The proposed entry gate has been removed from the project and all streets, sidewalks, and parking will be open and available for public pedestrian, bicycle and vehicular access and use. References to the entry gate have been removed from the PC Text and tract map conditions. An easement for public access across "Lot C' and "Lot E" will be dedicated to the City. These lots encompass the streets and sidewalks within the subdivision. An easement for water, fire access and public access across "Lot G' will be dedicated to the City. "Lot G° provides a connection between "Lot F and the cantilevered public walkway along the waterside of the development. All proposed easements are reflected on the revised tract map. Compliance with the CDP conditions has resulted in slight changes to the acreages listed in the Site Area and Usage breakdown found in Section 1 of the Bayside Residential Planned Community December 6, 2007 Page 4 PC Text. These changes are reflected in a revised site area and usage table and in the lot summary table found on the revised tract map. Heading No. 14 (Maintenance of Public Access) has been added to Section II of the PC Text. The new heading states that maintenance of all public access areas shall be provided by the homeowner's association. Heading. No. 15 (Ownership and Maintenance of Streets) has been added to Section Ii of the PC Text. The new heading clarifies that the streets within the subdivision will be privately owned and maintained but open for public access and use at all times (via a public access easement granted to the City). In the PC Text and tract map conditions, °private streets" are now referred to as "publicly accessible, privately -owned and maintained streets and drives'. Implementation and Administration of the PC Text During review of the PC Text Amendment, staff identified areas within the PC text that could be altered to clarify the development regulations and ease implementation of future development on the site. The changes are intended to make the PC Text "user - friendly" and prevent the need for additional PC Text amendments. The proposed changes are as follows: Heading No. 3 (Lot Area, Setbacks, and Floor Area Limit) has been added to Section II (Development & Use Regulations) of the PC Text. This new heading consolidates information contained in four other sections into a single list of development standards. An additional "Perimeter Setback" exhibit was also added to delineate all front and rear yard setback areas. The adopted PC Text incorporates a copy of the tract map and conditions of approval into the body of the document. Conditions of approval are contained in the resolution approving the bract map, and are not a typical element included in a planned community text. Staff has, therefore, recommended that they be removed from the PC Text along with the tract map. The conditions of approval are included as an appendix to the "track changes" version of the PC Text; however, they are for review purposes only, and are not proposed to be a part of the final, approved PC Text. Administrative Changes The following administrative changes have also been incorporated into the amended PC Text, tract map and/or conditions of approval: Bayside Residential Planned Community December 6, 2007 Page 5 • Because a CDP has now been approved for the project, references to the permit (Coastal Development Permit 05 -06 -145) have been added to the PC Text and tract map conditions where necessary and /or appropriate. • "Lot F" has been added to the tract map to account for the portion of the property lying between the edge of the cantilevered walkway and the southern boundary of the tract. The inclusion of "Lot F" accounts for the slight increase In the total acreage of the site (.14 -acre increase). This increase is reflected in the PC Text and on the tract map. • Numbering and grammatical errors have been fixed. Findings for Approval Pursuant to the city subdivision code (Title 19), a number of findings are required for approval of a tentative map. The findings deal primarily with General Plan and Local Coastal Program consistency and conformance with the provisions of the state Subdivision Map Act. Since no substantial changes to the tract map are proposed, staff has determined that findings made for the original approval remain applicable to the revised tract map. The proposed changes actually augment the project's conformance with General Plan policies that discourage gated communities and Local Coastal Program policies relating to provision of public access to the coastal areas. Environmental Review A Mitigated Negative Declaration was prepared and certified for the project. It was determined that the project, with required mitigation measures, would have a less than significant impact on the environment. The proposed changes to the PC Text and tract map are minor in nature and do not change the project in any way that would result in potentially significant environmental impacts beyond those analyzed in the certified Mitigated Negative Declaration. SUMMARY Staff has reviewed the proposed changes to the PC Text and tract map and finds them to be minor in nature and necessary to implement the conditions of the CDP. The changes do not substantially change the design of the subdivision or the intent of the PC Text and do not increase the density or intensity of the proposed development. Staff therefore recommends that the Planning Commission adopt the attached resolution recommending that the City Council approve Planned Community Text Amendment No. 2007 -004 and amend Newport Tract Map No. 2004 -001. Bayside Residential Planned Community December 6, 2007 Page 6 PUBLIC NOTICE Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Brandon Nichols, Associate Planner EXHIBITS Submitted by: - .. lu `j a - 1. California Coastal Commission "Notice of Intent to Issue Permit" 2. "Track Changes" Version of PC Text and Tract Map Conditions (deletions crossed out and additions underlined) 3. Revised Newport Tract Map No. 2004 -001 (Tentative Tract Map No. 15323) 4. Resolution F- 'WSERS1PLMSharedlPA's1PAs - 20071PA2007- 1861Planning Commiss % nIPA2007- -168 PC staffreportdoc q5' Attachment E Draft Minutes of the 12/6/07 Planning Commission Meeting 4 Planning Commission Minutes 12/06/2007 was made by Commissioner McDaniel and seconded by Commissioner to continue this item. Eaton, Peotter, Hawkins, None Planned Community Text Amendment No. 2007 -004 Amendment to Newport Tract Map No. 2004 -001 919 Bayside Drive applicant requests to amend the Bayside Residential Planned Community Act Development Regulations (Planned Community Text No. 55) to implement conditions of approval of the Coastal Development Permit for the development 17 -lot single - family residential subdivision. Changes to the Planned nmunity Text are also proposed to simplify the administration of the Planned nmunity development regulations. To ensure consistency with the amended fined Community Text and conditions of approval of the Coastal Development mit, the applicant further requests amendments to Newport Tract Map No. 4 -001 (Tentative Tract Map 15323) and the conditions of approval of said map. Planner Brandon Nichols gave an overview of the staff report. The changes are proposed: community is no longer proposed to be gated; all streets, sidewalks and ways open to the public; new sidewalk added in the interior to serve the :lopment; Lot G provides additional access to the walkway adjacent to the h -end of the development and easement or public access will be placed to ire public use. finds these proposed changes to be in substantial conformance with the ial approval. A McDermott from Government Solutions, representing the applicant, noted concurrence with the staff report. She requested that this item be heard at the .ial Council meeting in December if at all feasible. Hawkins asked about the walkways. 3. McDermott answered the access comes from the street along the public iewalk directly onto the public street within the subdivision. There is an sement between lots 5 and 6 that goes directly to the cantilevered walkway Wing to the ramp. We were required by the Coastal Commission to provide that id the parking on the street is also public. There is a loop street that has access the lot driveways and the 19 public parking spaces on the site as well as access wn to the water. Hawkins asked about lot consolidation. McDermott answered that someone may come in and buy two lots but it sins to be seen whether the Coastal Commission will allow that without an tional approval. Chairman Hawkins expressed his concern of someone consolidating all the lots into one parcel and exceeding the MFR and height limits. PA2007 -166 Recommended for approval to City Council Page 2 of 8 q1 file: //F: \Users \PLN\Shared\Planning Commission \PC Minutes\mn12- 06- 07.htm 01/02/2008 Planning Commission Minutes 12/06/2007 Page 3 of 8 s. McDermott answered the provisions built in the PC text and the language hat there there be no more than 17 lots should cover your concem. Complete nsolidation would not be feasible due to the street configuration that has been approved in the Tentative Tract Map. If you want to say not less than 10 or even 12 units would be fine. She then noted the Coastal Commission has approved the ext as it is written, so if there is to be a limitation, requests that it be placed on the entative Tract Map or conditions of approval attached to the PC text as that would make the implementation simpler due to the processing we are doing at Coastal. Chairman Hawkins noted his agreement with the limitation. Public comment was opened. D Public comment was closed. ommissioner Toerge asked about the setback differences. Mr. Lepo answered that they are consistent with the setbacks on the previously approved map and PC text. Three feet should have come off each of the setbacks hich is attributable to the part of the walkway that is not cantilevered. Motion was made by Commissioner Peotter and seconded by Commissioner Cole to adopt resolution recommending that the City Council approve Planned community Text Amendment No. 2007 -004 and approve amendments to Newport Tract Map No. 2004 -001. Mr. Lepo verified that the motion includes the minimum lot number on the Tract Map. The maker of the motion declared this is not part of the motion. hairman Hawkins noted his concern of huge homes being built. Ms. McDermott noted that with the adoption of the PC, which is already on the property, there is no MFR restriction or allowance. hairman Hawkins asked if the applicant would accept a number of lots. Ms. McDermott noted it would be acceptable. The motion was called for and approved as is. Ayes: Eaton, Peotter, Hawkins, Cole, McDaniel, Toerge and Hillgren Noes: None Absent: None BJECT: Joyce LCM RedVMIIow residence (PA2007 -152) " °" ' 418 Redlands PA2007 -152 n appeal of the Zoning Administrator's decision to approve Modification Permit Denied No. 2007 -060 on property located in the R -1 District, which would permit the minor interior remodel of, and a 1,203 square-foot addition to a nonconforming single- family dwelling unit that encroaches 13 feet, 8 inches into the 20 -foot required front and setback. Chairman Hawkins noting the a -mails sent between one of the Commissioners tI and the appellant and asked the City Attorney if those communications rose to a T level that they might create a conflict for the Commissioner. file: //F:IUserslPLNlSharedlPlanning Commission\PC Minutes\mnl2- 06- 07.htm 01/02/2008 NOTICE OF PUBLIC HEARING 919 Bayside Drive Planned Community Text Amendment No. 2007 -004 and Amendment to Newport Tract Map No. 2004 -001 (PA2007 -166) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of UGS Development Inc, on behalf of Mira Mesa Shopping Center LLC, property owner, for Planned Community Text Amendment No. 2007 -004 and amendments to Newport Tract Map No. 2004 -001 (Tentative Tract Map 15323) for property located at 919 Bayside Drive. The property is located in the PC -55 District. The applicant requests to amend the Bayside Residential Planned Community District Development Regulations (Planned Community Text No. 55) and associated 17 -lot, single -unit detached residential tract map (Newport Tract Map No. 2004 -001). The changes are requested in order to comply with the conditions of approval of the Coastal Development Permit for the -project. Other changes to the planned community text are also proposed to simplify the administration of the planned community development regulations. NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document, and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (949) 644- 3200. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 8. 2008, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. .PQ( Ca 4n . H rkl ss, ' Clerk j City of port ach NOTE: The expense of this notice is paid from a filing fee collected from the applicant. Impression antlbourrage et a spchage rapide www "ry com 6tilisaz la gabarit 51600 1,80060 -AVERY Mira Mesa Shopping Center LLC 8294 Mira Mesa Blvd San Diego, CA 92126 Mira Mesa Shopping Center LLC 8294 Mira Mesa Blvd San Diego, CA 92126 Bayside Cove Homeowners Assn. 23726 Birtcher Dr Lake Forest, CA 92630 Bayside Cove Homeowners Assn. 23726 Birtcher Dr Lake Forest, CA 92630 i : ®0%5 ®A213AV lvl Government Solutions, Inc. Carol McDermott 230 Newport Center Dr., Ste 210 Newport Beach, CA 92660 Government Solutions, Inc. Carol McDermott 230 Newport Center Dr., Ste 210 Newport Beach, CA 92660 Beacon Bay Community Assoc. Attn: Milt Bower 70 Beacon Bay Newport Beach, CA 92660 Beacon Bay Community Assoc. Attn: Milt Bower 70 Beacon Bay Newport Beach, CA 92660 A113AV-OD-0084 ' WO]'IGBAB'MMM — 0 AVERY® s16D® � 5:z) UGS Development, Inc 537 Newport Center Dr, #380 Newport Beach, CA 92660 UGS Development, Inc 537 Newport Center Dr, #380 Newport Beach, CA 92660 Promontory Bay Community Assoc. Villageway Management Company PO Box 4708 Irvine, CA 92616 Promontory Bay Community Assoc. Villageway Management Company PO Box 4708 Irvine, CA 92616 PA2007 -166 for PD2007 -004 & SA2007 -011 919 Bayside Orive DATE OF MEETING: - e"L5 31V1dFM wueav esn Rumnu aa aRnmun n,w was 1 Easy Peel Labels Use Avery® TEMPLATE 51600 050- 083 -01 GEORGE N CARMACK 1564 N COLUMBUS AVE GLENDALE CA 91202 -1203 050- 083 -26 ZIMMERMAN 327 SAPPHIRE AVE NEWPORT BEACH CA 92662 -1146 050 - 083-29 SHARON BALFOUR 805 N BAYFRONT NEWPORT BEACH CA 92662 -1138 A 1111 See Instruction Sheet 1 i ® 1Feed Paper for Easy Peel Feature i ® AVERY ®5160® i 050-083 -24 050-083-2.5 RICHARD M & LORI WILLIAMS JOHN COOPER 1 TORREY PINES LN 23121 OSTRONIC DR NEWPORT BEACH CA WOODLAND HILLS CA 9266o-5138 91367-6145 050- 132 -02 GREGORY A & JACLYN JOHNSON 4256 LANKERSHIM BLVD NORTH HOLLYWOOD CA 91602 -2742 050- 132 -05 PATRICIA A BORLAND PO BOA 8772 NEWPORT BEACH CA 92658 -8772 050-383-o6 IRVINE CO 1o99 BAYSIDE DR NEWPORT BEACH CA 92660 -7418 050 - 431 -21 HOWARD CHASTAIN PO BOA 1565 CORONA CA 92878 -1565 050 -g31- CTTYOF BEACH 3300 BLVD EACH CA 92 63- 16 050- 441-07 IRVINE CO . 1371 OAKLAND BLVD 200 WALNUT CREEK CA 94596 -8408 1050- 442-04 IRVINE � 550 CENTER DR T EACH CA 92660-7 1 050 - 083 -27 DOUGLAS KNEUBUHL 811 N BAYFRONT NEWPORT BEACH CA 92662 -1138 050 - 083 -30 PATRICIA L HURRAY 17o4 S BAYFRONT NEWPORT BEACH CA 92662 -1344 050 - 132 -03 GEORGE & P HARWOOD 4256LANKERSHIM BLVD NORTH HOLLYWOOD CA 91602 -2742 050-383 -03 RESIDENTIAL REALTY FUND LLC 1 UPPER NEWPORT PI Z NEWPORT BEACH CA 9266o -2630 050-383-07 IRVINE 550 CENTER DR NE EACH CA 9266o-7o11 050- 431-22 FRANCES J PEDLEY 836 HARBOR ISLAND DR NEWPORT BEACH CA 92660 -7228 :050- 431 -25 CTTY OF PREACH RT BEACH 3300 T BLVD CA 92663 -3 I0R5V0- 4RXT= 1 -08 55 DR 92 o- 050 -442 -0 IRVINE PO BO 1952 .92623 -9 8 o50- o83 -28 ARNOLD WINNER 137 S ROBERTSON BLVD 122 BEVERLY HILLS CA 90211 -2801 050-132 -01 BARBARA H SMITH 2020 TUSTIN AVE NEWPORT BEACH CA 92660 -3638 050-132-04 HADYNE A FOSTER 903 N BAYFRONT NEWPORT BEACH CA 92662 -1137 050-383-04 IRVINE CO 55o NEWPORT CENTER DR NEWPORT BEACH CA ;9266o -7o11 050-431 -20 WILLIAM J KENNEY 824 HARBOR ISLAND DR NEWPORT BEACH CA 9266o -7228 :050-431-23 BRENDA J HUIE 842 HARBOR ISLAND DR NEWPORT BEACH CA 9266o -7228 o50-431-26 CTTYOF e TBEACH 3300 LVD CA 92663 -3 6 050-441 -09 IRVINE CO 55o RT DR CA 92660 -70 934-32 -001 CAROL E VL4.NI 1023 E BAYSIDE CV 1o1 NEWPORT BEACH CA ;92660.7425 itFquettes fadles iy peter A Consukez la feullle www.averycom tttflisez le gabarit AVERY® 51600 Sens de chargemeM d'instruction 1- IM-60- AVERY AMAV-09-M-L uoRlrt4sul.p luaus NB42 ap suaS 009LS ®AH3AV Wege6 el zesmin W03, aOA Wn MiA Blllne; el 2ellnsuo:� ♦ leled 6 Selped smenbag 934-32-002 JACKIE PENNEY 1025 E BAYSIDE CV 102 NEWPORT BEACH CA 9266o -7425 934-32-005 GREGORY L HARDKE 84 OLD COURSE DR NEWPORT BEACH CA 92660 -4272 934- 32-oo8 OLLIE N HELL 995 W BAYSIDE CV 202 NEWPORT BEACH CA 92660 -7421 934-32 -003 JAMES L MOORE 1027 E BAYSIDE CV 103 NEWPORT BEACH CA 9266o-7426 934- 32-oo6 KARIN L GODFREY 1o33 E BAYSIDE CV 1o6 NEWPORT BEACH CA 92660 -7403 934-32-009 SCOTT D GUEN3 TIER g93 W BAYSIDE CV 203 NEWPORT BEACH CA 9266o-74n 934 - 32-011 :934-32-012 DENNIS R FRATT BETTY HAWKINS 1005 E WAYSIDE CV 301 1003 E BAYSIDE CV 302 NEWPORT BEACH CA NEWPORT BEACH CA 92660 -7422 92660-7422 934 -32 -014 934- 32-015 LEO MILLER HELENE WINOGURA 2121 CENTURY WOODS WAY '1013 E BAYSIDE CV 305 LOS ANGELES CA NEWPORT BEACH CA 90067 -6303 9266o -7423 934 -32-017 934- 32-018 PCF INVESTMENTS LLC PENTZ 20320 SW BIRCH ST loo 1ol5 E BAYSIDE CV 3o8 NEWPORT BEACH CA NEWPORT BEACH CA 92660- 1788 .92660-7423 934 32 -020 934- 32-021 GIL M WAYNE SPANLEYA & N JACOBS 1o19 E BAYSIDE CV 310 116 COLUMBIA DR NEWPORT BEACH CA RANCHO MIRAGE CA :9266o-7423 92270 934 32 -023 934-32-024 PATRICIA A ROZAK ALAN L LEWIS 985 W BAYSIDE CV 403 983 W WAYSIDE CV 404 NEWPORT BEACH CA NEWPORT BEACH CA 92660 -7420 92660 -742o 934-32 -026 '934- 32-027 MYRNA GROVER- TALLMAN DENNIS D MARQUARDT 977 W WAYSIDE CV 406 979 W BAYSIDE CV 407 'NEWPORT BEACH CA NEWPORT BEACH CA 92660 -7419 9266o -742o '934 -32 -029 934- 32-030 JOHN H MERI ELL '. STEVE MANLEY > 625 DE SALES SP :5686 WHPPEWATER ST SAN GABRIEL CA YORBA LINDA CA 91775 -2137 92887 -3736 934-32-004 WALTER M LYNCH 1o29 E BAYSIDE CV 104 NEWPORT BEACH CA .9266o-7426 934-32-007 LEECSHANNON 997 W BAYSIDE CV 201 NEWPORT BEACH CA 92660 -7421 934 -32 -010 JUNE LINKON 991 W BAYSIDE CV 204 NEWPORT BEACH CA 92660-7404 :934-32 -013 DONNAJANDERSON 1ou E BAYSIDE CV 303 NEWPORT BEACH CA .9266o-7422 934- 32-o16 R()[`IiELLE & LOUIS COHEN 19528 VENTURA BLVD 330 TARZANA CA 91356 -2917 934-32-019 TOBEY PO BOX 765 CORONA DEL MAR CA 92625 -0765 934-32-022 JOHN ROMM 725 N SIERRA DR BEVERLY HILTS CA :90210 -3523 .934- 32-025 PAULINE L JOHNSON 981 W BAYSIDE CV 405 NEWPORT BEACH CA 9266o -7420 934- 32-028 I ESAi1AK 975 W BAYSIDE CV 408 NEWPORT BEACH CA 9266017419 1934-32 -031 JEAN M OHARA 29 CHELSEA PT DANA POINT CA 92629-2750 t Te1eleBd lead Ase3 A01 �� laded peadt wWLS 3lVldW31 *many asp ! ®o9L5 ®/i213At/ l�J 1 laauc uouxulsui eac SHge1 laed Ase3 AS3AV-09-008 -L uoipruzsul,P ,worAiaAemmm Dlpne; el zD;lnsuoo 934 - 32-032 CURTIS A ELLMORE 1008 E BAYSIDE CV 502 NEWPORT BEACH CA 92660 -7422 934 - 32-035 THOMAS E DIENER 1012 E BAYSIDE CV 505 NEWPORT BEACH CA 92660-7422 934 - 32-038 MANN 1020 E BAYSIDE CV 508 'NEWPORT BEACH CA 92660 -7424 .934- 32-041 WENDY L BELL 1026 E BAYSIDE CV 5u NEWPORT BEACH CA 92660 -7425 934-32-044 KEITH ARNOLD 982 W BAYSIDE CV 602 NEWPORT BEACH CA 9266o-7420 934- 32-047 EDITH M FARRELL 1321 BAYSIDE DR . CORONA DEL MAR CA 92625 -1707 934- 32-050 CHARLES M TACHDJIAN 3761 WILLIAMS AVE LA VERNE CA ..91750 -3126 934- 32-053 JUDE HAMMOND 994 W BAYSIDE CV 6ii NEWPORT BEACH CA 9266o�4n 934- 32-056 ALLEN W KIESELHORST 15 MONACO NEWPORT BEACH CA 9266o-6820 4u8we6ue43, DP SUDS 009LS ®AH3AW luege8 81 zasillUl joled @ seppe; sonenbiq 934 - 32-033 934 - 32-034 TAMARALEE COX REGINALD M JACKSON 1032 E BAYSIDE CV 503 50o VAT— xNZUELA RD NEWPORT BEACH CA CARMEL CA 92660 -7403 93923 -9439 934-32-036 934 -32 -037 DENISIINABA DOVER 2005 1016 E BAYSIDE CV 506 14999 AVENIDA ANITA NEWPORT BEACH CA CHINO HILLS CA 92660-7424 91709 -6229 :934 - 32-039 934- 32-040 CARTHY & LORRAINE WOOD -MC JOAN HARRIS 1018 E BAYSIDE CV 509 PO BOX 362 NEWPORT BEACH CA CORONA DEL MAR CA 92660 -7424 92625 -0362 934- 32-042 934- 32-043 ERNIE G DUNLEVIE THOMAS E ADDIS 79555 SAINT MARGARETS BAY 315 W CIAYTON AVE BERMUDA DUNES CA COEUR D ALENE ID 92203 -1712 83815 -9293 934 -32 045 934-32 -046 WOODROW W DEWITT RICHARD B DICKSON :986 W BAYSIDE CV 603 98o W BAYSIDE CV 604 NEWPORT BEACH CA NEWPORT BEACH CA 92660-7404 92660 -7404 934- 32-048 934-32-049 HEADED REINFORCEMENT CORP JOHN S PERRONE 11200 CONDOR AVE 1818 PRINCE ALBERT DR FOUNTAIN VALLEY CA RIVERSIDE CA 92708 -6106 92507-5897 934- 32-051 PATRICKJ DIRK 990 W BAYSIDE CV 609 NEWPORT BEACH CA 92660-7404 934- 32-054 wnj iAM WHITE PO BOX 50280 IRVINE CA 92619 -0280 934- 32-057 NIKOLAUS O KIAM 998 W BAYSIDE CV 801 NEWPORT BEACH CA 92660 -7421 934-32-052 KNUD H & S IIULEY OLSEN 972 W WAYSIDE CV 610 NEWPORT BEACH CA .92660 -7419 934-32 -055 MARY KREBS 1028 E BAYSIDE CV 701 NEWPORT BEACH CA 92660 -7426 934-32 -058 ALP COMMUNICATIONS INTERACTIVE 94 BINSCARTH RD CANADA ueAmvm T ®o9LS®AV3Af nv y� T�uc uolnruisu3� laded paeiT wL5 31VlSiam [god ASe3 I PA PUBLIC HEARING 919 Bayside Drive Planned Community Text Amendment No. 2007 -004 and Amendment to Newport Tract Map No. 2004 -001 (PA2007 -166) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of UGS Development Inc, on behalf of Mira Mesa Shopping Center LLC, property owner, for Planned Community Text Amendment No. 2007- 004 and amendments to Newport Tract Map No. 2004 -001 (Tentative Tract Map 15323) for property located at 919 Bayside Drive. The property is located in the PC -55 District. The applicant requests to amend the Bayside Residential Planned Community District Development Regulations (Planned Community Text No. 55) and associated 174ot, single -unit detached residential tract map (Newport Tract Map No. 2004 -001). The changes are requested in order to comply with the conditions of approval of the Coastal Development Permit for the project. Other changes to the planned community text are also proposed to simplify the administration of the planned community development regulations. NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document, and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (949) 644 -3200. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 8. 2008, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this not or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. onne M. Harkless, City Clerk City of Newport Beach NOTE: The expense of this notice is paid from a filing fee collected from the applicant PUBLIC HEARING 919 Bayside Drive Planned Community Text Amendment No. 2007 -004 and Amendment to Newport Tract Map No. 2004 -001 (PA2007 -166) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of UGS Development Inc, on behalf of Mira Mesa Shopping Center LLC, property owner, for Planned Community Text Amendment No. 2007- 004 and amendments to Newport Tract Map No. 2004 -001 (Tentative Tract Map 15323) for property located at 919 Bayside Drive. The property is located in the PG-55 District. The applicant requests to amend the Bayside Residential Planned Community District Development Regulations (Planned Community Text No. 55) and associated 17 -lot, single -unit detached residential tract map (Newport Tract Map No. 2004 -001). The changes are requested in order to comply with the conditions of approval of the Coastal Development Permit for the project. Other changes to the planned community text are also proposed to simplify the administration of the planned community development regulations. NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document, and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (949) 644 -3200. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 8, 2008, at the hour of 7:00 a.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone ease raised at the public hearing described s no' a o in wrtten correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. aarrkless, CRY-Clerk City of Newport Beach NOTE: The expense of this notice is oaid from a filina fee collected from the applicant PUBLIC HEARING 919 Bayside Drive Planned Community Text Amendment No. 2007 -004 and Amendment to Newport Tract Map No. 2004-001 (PA2007 -168) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of UGS Development Inc, on behalf of Mira Mesa Shopping Center LLC, property owner, for Planned Community Text Amendment No. 2007- 004 and amendments to Newport Tract Map No. 2004-001 (Tentative Tract Map 15323) for property located at 919 Bayside Drive. The property is located in the PC-55 District. The applicant requests to amend the Bayside Residential Planned Community District Development Regulations (Planned Community Text No. 55) and associated 17 -lot, single -unit detached residential tract map (Newport Tract Map No. 2004-001). The changes are requested in order to comply with the conditions of approval of the Coastal Development Permit for the project. Other changes to the planned community text are also proposed to simplify the administration of the planned community development regulations. NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document, and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable aRematives or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (949) 644 -3200. NOTICE. IS HEREBY FURTHER GIVEN. that said public hearing will be held on January 8. 2008, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hail, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this no a or in written correspondence delivered to the City at or prior to, the public hearing. For information call (949) 6443200. �(XWoniii . Harkless, City -Clark City of Newport Beach NOTE: The expense of this notice is paid from a filina fee collected from the applicant AFFIDAVIT OF POSTING On � LIIa p . 2007, I posted the Notice of Public Hearing regarding: 919 Bayside Drive Planned Community Text Amendment No. 2007 -004 and Amendment to Newport Tract Map No. 2004-001 (PA2007 -166) Date of Hearing: January 8, 2008 Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963, PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: December 29, 2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 09, 2008 at Costa Mesa, California. J —Ve / ` Signature RC, IN I! —D I ,-_. 2T JA'1 15 Ali ? 26 NOTICE OF PUBLIC HEARING 919 Boyside Drive Planned Community Text Amendment No. 2007 -004 and Amendment to Newport Tfad Map No. 2004 -001 TA2007.166� NOTICE IS HEREB GIV- EN that the City Council of the City of Newport Beach will hold a public Ilan of UGS Development Inc, on behalf of Mira Mesa Shopping Center LLC, property owner, for Planned Community Tent Amendment No 2007 -004 and Tract Map No. 2004 -001 (Tentative Tract Mal 15323) for property to sated at 919 Baysidt Drive. The ,property i! located in the PC -55 Dis trict. The applicant requesh to amend the Baysidr Residential Planner Community District De Text (Planned a No 55) and asso� slated 17 -lot, single -unr detached residentla tract map ( Newpor Tract Map No. 2004 001). The changes an requested in order it comply with the can ditions of approval o the Coastal Developmen Permit for the project Other changes to thi planned community text are also proposed to simplify the administra- tion of the planned com- munity development reg- ulations. NOTICE IS HEREBY FUR- THER GIVEN that all significant environmen. tal conceres for the pro. posed project have been addressed in a pre- viously certified environ. mental document, and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable al- ternatives or mitigation measures that should be considered in conjunc. tion with said project. Copies of the previously prepared environmental document are available for public review end inspection at the Plan- ning Department, City of Newport Beach, 3300 Newnnrt Boulevard. NOTICE IS HEREBY FUR- THER GIVEN that said Rublic hearing will be aid on January 8, 2008, at the hour of 7A0 .m. In the Council Chambers of the New - 330 Beach 0 Newport ty Boule- vard, Newport Beach, California. at which time and place any and all appear ppear and be interested h and thereon. If you challen this project in court, you may be limited to raising only those Issues you or someone else raised at the public hearing de- scribed in this notice or In written corre- spondence.delivered to the City at or prior to, the public hearing. For information call (949) 644.3200. LaVonne M. Harkless, City Clerk City of Newport Beach NOTE, The expense of this notice is paid from a filing fee collected from the applicant.