HomeMy WebLinkAbout2006-10 - 919 Bayside Drive - PA 2004-072RESOLUTION NO. 2006. 10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING MITIGATED NEGATIVE DECLARATION (SCH
NO. 2005 - 061019) AND MITIGATION MONITORING AND REPORTING
PROGRAM, APPROVING TENTATIVE TRACT MAP 2004 -001 (TRACT
15323), AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO.
2005 -001 FOR PROPERTY LOCATED AT 919 BAYSIDE DRIVE (PA
2004 -072).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, an application was filed by UGS Development Inc. for a 3.92 -acre
property identified as 919 Bayside Drive. The application requests approval of: a Code
Amendment to change the zoning district of the subject property from Multifamily
Residential to Planned Community and adopting Planned Community Text No. 54; a
Tentative Tract Map subdividing the subject property into 17 single - family lots for lease
purposes and 5 lots for recreation and swimming pool facilities, for public pedestrian
access, for landscaped areas, and for private roads; and a Coastal Residential
Development Permit ensuring compliance with State law relative to low and moderate
income housing opportunities within the Coastal Zone.
WHEREAS, in accordance with California Environmental Quality Act (CEQA)
requirements, an Initial Study and a Notice of Intent to Adopt a Mitigated Negative
Declaration were distributed to all responsible and trustee agencies and other interested
parties for a 30 -day public review period commencing on June 3, 2005 and ending on
July 5, 2005.
WHEREAS, on August 18, 2005, the Planning Commission held a noticed public
hearing at which time the Mitigated Negative Declaration, together with comments
received thereon, and the Mitigation Monitoring and Reporting Program were
considered. Notice of time, place and purpose of the public hearing was given in
accordance with law and testimony was presented to and considered by the Planning
Commission at the hearing.
WHEREAS, the public hearing was continued and at the continued public
hearing on November 3, 2005, the Planning Commission considered the Mitigated
Negative Declaration, together with comments received thereon, and the Mitigation
Monitoring and Reporting Program.
WHEREAS, the City maintains and implements development standards through
the Zoning Ordinance which enables adoption of a Planned Community district.
WHEREAS, adoption of the Planned Community district and the Bayside
Residential Planned Community District Development Regulations accommodates
development of single - family dwellings which are permitted within the General Plan
Multi - Family Land Use designation and is thus consistent with the General Plan.
WHEREAS, a Coastal Residential Development Permit processed for this project
to implement provisions of the California Coastal Act relative to displacement of low and
moderate income households within the Coastal Zone indicated that demolition of
existing multiple family residential dwelling units on the project site will not result in
displacement of any low or moderate income households.
WHEREAS, the Planning Commission voted (5 -1) to recommend approval of the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, of
Tentative Tract Map 2004 -001, and Coastal Residential Development Permit No. 2005-
001 for property located at 919 Bayside Drive (PA 2004 -072)
WHEREAS, on January 10, 2006, the City Council held a public hearing in the
City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the aforesaid meeting was given. Evidence, both
written and oral, was presented to and considered by the City Council at this meeting.
WHEREAS, the public hearing was continued to February 14, 2006, so that the
applicant could revise the Tentative Tract Map consistent with City Council comments.
WHEREAS, a revised Tentative Tract Map was subsequently submitted and
subject to conditions of approval includes required information including legal
description of property, ownership, existing and proposed uses and improvements,
proposed lot sizes, existing and proposed infrastructure, and public and private
easements in compliance with the Subdivision Code and will not result in a detriment to
the public health, safety, peace, morals, comfort, or welfare of persons residing or
working in or adjacent to the neighborhood of such use, and will not be a detriment to
the properties or improvements in the vicinity or to the general welfare of the City for the
following reasons:
1. Finding
The proposed subdivision is consistent with and serves to implement the
policies and provisions of the General Plan.
Facts
The General Plan Land Use Element directs that all subdivisions be consistent
with the Subdivision Code. Subject to Conditions of Approval and inclusion of
required public access as indicated below, the Tentative Tract Map is
consistent with the Subdivision Code.
Section 664778.4 of the California Government Code prohibits a City from
approving a tentative or final subdivision map that fronts on a public waterway
that does not provide or have available reasonable public access by fee or
easement from a public highway to that portion of the public waterway
bordering or lying within the proposed subdivision. The Tentative Tract Map,
with revisions and subject to Conditions of Approval, provides reasonable
public access along the southerly boundary of the project site from a public
highway by way of fee or easement. Public access including an 8 -foot wide
easement and walkway improvements is proposed across land within the
subdivision boundary and over the water adjacent to the subdivision boundary.
As such, the proposed subdivision is consistent with Section 664778.4 of the
California Government Code. Additionally, widening the existing public
walkway to 8 feet within Lot B (along Promontory Channel) accommodates
free flowing pedestrian traffic and is adequate to find the proposed subdivision
consistent with Section 664778.4 of the California Government Code.
2. Finding
The design or improvement of the proposed subdivision is consistent with the
General Plan.
Facts
Consistency with the City of Newport Beach Land Use Element. The proposed
project site lies within the Promontory Bay Area, as defined in the City's Land
Use Element. The Promontory Bay Area includes Harbor Island, Linda Isle,
and all the area bounded by Newport Bay, Marine Avenue /Jamboree Road,
and East Coast Highway. Existing land uses within the Promontory Bay Area
are diverse and include Single - Family Detached Residential, Multi - Family
Residential, Neighborhood Commercial, Recreational and Marina, and
Recreational and Environmental Open Space land uses. The proposed project
would be consistent with existing and allowed land uses within the Promontory
Bay Area.
The Land Use Element designates the proposed project site as Multi - Family
Residential to reflect the existing apartment complex. As previously stated, the
proposed project would establish 17 residential lots. Single- family residences
are a permitted use within sites designated for multi - family residences (page 23
of the Land Use Element). Therefore, the proposed project would be consistent
with the Multi - Family Residential land use designation. It would also be
consistent with applicable policies of the Land Use Element.
Consistency with the City of Newport Beach Harbor and Bay Element. Policy
HB -1.1.2 of the Harbor and Bay Element requires that potential impacts on
water- dependent and water - related land uses and activities be considered
when reviewing proposal for land use changes. Land use changes associated
with the proposed project would be limited to the project site. No adjacent
properties would be impacted by the proposed project. Since no water - related
or water - dependent uses occupy the site, no impact to these uses would occur.
Policies HB -2.1.1 and HB -2.1.3 of the Harbor and Bay Element indicates the
need to expand and improve existing public waterfront access. Demolition of
existing improvements on the project site to accommodate new residential
development provides the opportunity to expand and enhance the existing
public access by providing anon -land, improved public walkway along the bay
front. A walkway partially on -land and partially cantilevered over the waterfront
is readily accessible by the public and will enhance and expand public
pedestrian access consistent with this General Plan Policy. Moreover, an on-
land and cantilevered pedestrian walkway, as proposed, will ensure that
access to the bay front is maintained in the long term. Therefore, the
easement and walkway improvements partially on -land and partially
cantilevered over the water together with the pedestrian ramp connecting this
access with the existing floating walkway sufficiently expand and enhance
existing access such that the project is consistent with Policies HB -2.1.2 and
HB- 2.1.3.
Consistency with the City of Newport Beach Housing Element. The project will
eliminate 64 apartments and replace them with 17 single - family residences for
an overall reduction of 47 units. The City has approximately 14,600 rental units
out of approximately 37,500 total housing units (2000 Census), and the
reduction and change in housing type is not considered significant. Goal 2 of
the Housing Element states that the City will "provide a balanced residential
community, comprised of a variety of housing types, designs, and opportunities
for all social and economic segments, including very low -, low -, moderate- and
upper- income individuals and households." The proposed project is consistent
with this goal and is not inconsistent with any other goals or policies in the
Housing Element.
Consistency with the City of Newport Beach Local Coastal Program Land Use
Plan. According to the City's Local Coastal Program Land Use Plan ( LCPLUP),
the proposed project is located in the Coastal Zone. Therefore, a coastal
development permit (CDP) is required from the California Coastal Commission.
The LCPLUP references the fact that the project site is designated for Multi -
Family Residential Use and is allowed one unit for each 2,178 square feet of
buildable lot area. As previously discussed, the proposed project is consistent
with this designation.
Policy 3.1.1 -13 of the Coastal Land Use Plan requires a direct dedication or an
offer to dedicate (OTD) an easement for lateral public access for all new
shorefront development causing or contributing to adverse public access
impacts. The location of the dedication is to be between the current limits of
public ownership (i.e. below the mean high tide line) and the primary extent of
development. Dedication of a public access easement along and across the
southerly portion of the subdivision on Lots 3 through 9 and above and across
the water immediately adjacent to the southerly boundary of the subdivision
satisfies this requirement. Accordingly, the tentative tract map is consistent
with Policy 3.1.1 -13.
The proposed project is not a recreation or visitor - serving facility. It would not
require diking, dredging, filling or shoreline structures, and it does not propose
construction or expansion of public works facilities. The LCPLUP does not
identify the proposed project site as an environmentally sensitive habitat area
or hazard area.
Water and marine resources adjacent to the proposed project site would be
protected through implementation of the Standard Conditions listed in the
Hydrology and Water Quality section, above. The proposed project would
preserve and provide for continued operation of the existing dock areas along
North Bay Front.
Sections 30244, 30250(a), 30252, and 30253(3) and (4) of the CCA provide
criteria for the location of new development. These criteria specify that new
development should generally be concentrated in areas of existing
development, preserve public access, provide adequate support facilities
including provisions for recreational facilities, and preserve archaeological and
paleontological resources. The proposed project, as conditioned by the
standard conditions and mitigation measures contained within this document,
would fully comply with these criteria.
The LCPLUP does not list the proposed project site as a primary view area.
Consequently, it is not subject to Sections 30251 and 30253(5) of the CCA.
Since the proposed project is not a new visitor - serving facility or coastal -
dependant use and it does not require an oceanfront encroachment, the
LCPLUP's policies specific to new development are not applicable to the
proposed project.
3. Finding
The site is suitable for the type of development.
Facts
The site is generally level and currently developed with multiple - family dwelling
units at densities greater than that proposed. No problems or adverse site
conditions have been identified on the site as currently developed.
Consequently, the site is determined to be physically suited for the
development proposed.
4. Finding
The site is physically suitable for the density of development.
Facts
The site is generally level and currently developed with multiple - family dwelling
units at densities greater than that proposed. No problems or adverse site
conditions have been identified on the site as currently developed.
Consequently, the site is determined to be physically suited for the density of
development proposed.
5. Finding
The design of the subdivision and type of improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
Facts
An Initial Study prepared in conjunction with this project and included in the
administrative record was the basis for adoption of a Mitigated Negative
Declaration for this project which indicated that all environmental impacts,
including those to fish, wildlife or their habitat, are less than significant or, with
mitigation, are reduced to a less than significant level.
6. Finding
The proposed subdivision is not likely to cause serious public health problems.
Facts
An Initial Study prepared in conjunction with this project and included in the
administrative record was the basis for adoption of a Mitigated Negative
Declaration for this project which indicated that all environmental impacts,
including those that could affect human health, are less than significant or, with
mitigation, are reduced to a less than significant level.
7. Finding
The proposed subdivision will not likely conflict with easements, acquired by the
public at large, for access through or use of property within the proposed
subdivision.
Facts
The proposed subdivision is proposed to be gate - guarded and generally not
accessible to the public. An existing easement providing access to the bay
front along the westerly edge of the property is preserved with this tract map
and upgrades to physical improvements on this easement are included as part
of this project. In addition, the tentative tract map dedicates an easement to
the public for passage over a walkway along the bayfront.
WHEREAS, the General Plan requires that the City maintain suitable and
adequate standards for landscaping, sign control, site and building design, parking and
other development standards to ensure that commercial projects are aesthetically
pleasing and compatible with surrounding land uses. The City maintains and
implements development standards through the Zoning Ordinance which enables
adoption of Planned Community District Regulations and through the Subdivision
Ordinance which enables approval of Tentative Tract. The Bayside Residential Planned
Community District Development Regulations include permitted uses, regulations that
ensure that the size and scale of the building, the number of parking spaces provided,
the building setbacks provided, the areas of landscaped yards, and the design and
placement of signs result in a project that is aesthetically pleasing and compatible with
surrounding land uses consistent with objectives of the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED
Based on the aforementioned findings, the City Council hereby approves Mitigated
Negative Declaration Based on the aforementioned findings, the City Council hereby
approves Mitigated Negative Declaration No. 2005 - 061019 and the associated Mitigation
Monitoring and Reporting Program, Tentative Tract Map 2004 -001 (Tract 15323), and
Coastal Residential Development Permit No. 2005 -001 subject to conditions as in
Exhibit "A ", and subject to adoption of Ordinance No. 2006 -6 adopting the Bayside
Residential Planned Community District Development Regulations.
This resolution shall take effect upon the effective date of Ordinance No. 2006 -6
adopting the Bayside Residential Planned Community District Development
Regulations. Passed and adopted by the City Council of Newport Beach at a regular
meeting held on the 14th day of February, 2006, by the following vote to wit:
AYES, COUNCIL MEMBERS Curry; Selich, Rosansky, Ridgeway, Daigle, Nichols,
Mayor Webb
NOES, COUNCIL MEMBERS None
ABSENT, COUNCIL MEMBERS None
MAYOR
ATTEST:
CITY CLERK
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
Tentative Tract Map No. 2004 -001 (Tract 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 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). Existing drainage outlets within
the existing seawalls 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 Califomia
licensed professionals responsible for the designs shown on the Plans.
7. All improvements shall be designed and constructed in accordance with the
current edition of the City Design Criteria, Standard Special Provisions, and
Standard Drawings.
8. The California Vehicle Code shall be enforced on the private streets and drives,
and delineation acceptable to the Police Department and Public Works
Department shall be provided along the sidelines of the private streets and
d rives.
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 raised 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, entry gates 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 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 2004 -072 dated
February 14, 2006.
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 53232. 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
17 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 noted on the Final Map and
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.
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
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 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 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
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 unless the California Coastal
Commission determines that the cantilevered public walkway is not the
appropriate means of providing public access to the waterfront. 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 Trace 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 emergency and security ingress /egress, weekly refuse
service, and public utility purposes on all private streets 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.
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 damaged 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. The entry gate, when fully opened, shall stay clear of the travel path of vehicles
making right turns into the Tract.
52. All on -site drainage, sanitary sewer, water, and electrical systems shall be
owned, operated, and maintained by the Homeowners Association.
53. There are existing drainage outlets within the existing seawalls 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.
54. 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.
55. All storm drain and sanitary sewer mains shall be installed with MacWrap.
56. ADA compliant curb access ramps shall be constructed at all interior curb
returns.
57. 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.
58. The intersection of the driveways 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.
59. The project shall provide 45 feet of vehicle stacking distance prior to the entry
call box measured from the property line. Two entry lanes shall be provided,
one lane for guest call box use and one for residential use.
60. 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.
61. On -site parking, vehicular circulation and pedestrian circulation system shall be
subject to further review by the City Traffic Engineer.
62. Provide Class III standpipe system at existing dock. Remove 2'% connections at
bulkhead.
63. 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.
64. Automatic fire extinguishing system required for residential units when the total
floor area exceeds 5,000 square feet.
65. Minimum width at entrance shall be 14 feet clear; preliminary plans shows less
than 14 feet at two locations.
66. Turning radius for fire apparatus shall not be less than 20 feet inside radius and
40 feet outside radius. Show on plan.
67. Any obstructions in required fire access roadways, including speed bumps and
speed humps, are prohibited.
68. Provide on -site public fire hydrants.
69. 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.
70. Prior to the issuance of grading /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.
71. 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.
72. Prior to the issuance of individual building permits, the applicant shall provide
designs for building foundations and slabs appropriate to mitigating liquefaction
hazard.
73. Prior to the issuance of grading, the applicant shall provide results from an
inspection by a qualified engineer indicating the condition of the seawalls and
tiebacks and make repairs to same as necessary.
74. Prior to the issuance of a aradina 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.
75. 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
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.
76. 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.
77. 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.
78. 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.
79. 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.
80. 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.
81. 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
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.
82. 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.
83. 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.
84. 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.
85. 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
86. 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
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.
87. 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.
88. 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;
b. All gates to property shall be automatic and provided with opticom and
knox key.
89. 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.
90. Prior to issuance of the certificate of occupancy or final of building 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.
91. 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
92. 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.
93. 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 Permit.
94. 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.
95. Prior to issuance of any Certificate of Occupancy, 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.
96. 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.
97. Prior to issuance of a Certificate of Occupancy 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.
98. 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.
99. 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
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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2006 -10 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14th
day of February 2006, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of February 2006.
(Seal)
�� /,, l
City Clerk
Newport Beach, California