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HomeMy WebLinkAbout1761 - RESCIND RESOLUTIONS 1723 AND 1751 AND RECOMMEND TO ADOPT MND AND APPROVE GPA, CLUP AMENDMENT, CA, NEWPORT TRACT MAP, MD, AND CR_201-205, 207 CARNATION AVE 101 BAYSIDE PLACERESOLUTION NO. 1761 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RESCINDING PLANNING COMMISSION RESOLUTIONS 1723 AND 1751 AND RECOMMENDING THAT THE CITY COUNCIL ADOPT MITIGATED NEGATIVE DECLARATION (SCH NO. 2008051082) AND APPROVE GENERAL PLAN AMENDMENT NO. 2005 -006, COASTAL LAND USE PLAN AMENDMENT NO. 2005 -002, CODE AMENDMENT NO. 2005 -009, NEWPORT TRACT MAP NO. 2005- 004 (TTM 16882), MODIFICATION PERMIT NO. 2005 -087 AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2005 -002 FOR PROPERTY LOCATED AT 201 -205, 207 CARNATION AVENUE 101 BAYSIDE PLACE (PA 2005 -196). WHEREAS, an application was filed by Advanced Real Estate Services, Inc. with respect to property located at 201 -205, 207 Carnation Avenue, and 101 Bayside Place to construct a 8 -unit residential condominium development on a 1.4 acre site. The application includes: 1. General Plan Amendment No. 2005 -006 to change the land use designation of a 584 square -foot portion of a parcel identified as 101 Bayside Place from RT (Two -Unit Residential) to RM (Multiple -Unit Residential, 20 dwelling units per acre). 2. Coastal Land Use Plan Amendment No. 2005 -002 to change the Coastal Land Use Plan designation of the same 584 square -foot portion of a parcel identified as 101 Bayside Place from RH -D (High Density Residential - 50.1 to 60 dwelling units per acre) to RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre). 3. Zone Change No. 2005 -009 to change the zoning designation of the 584 square -foot portion of a parcel identified as 101 Bayside Place from R -2 (Two - Family Residential) to MFR (Multifamily Residential, 2178 square feet per unit). 4. Newport Tentative Tract Map No. 2005 -004 (TTM16882) to combine the 584 square - foot portion of a parcel identified as 101 Bayside Place with parcels identified as 201- 205 Carnation Avenue and 207 Carnation Avenue, and to subdivide the air space for 8 residential condominium units. 5. Modification Permit No. 2005 -087 to permit a 5 -foot subterranean building encroachment and 42 -inch high protective guardrails within the required 10 -foot front setback along Carnation Avenue; subterranean and above grade building encroachments of 3' -1" and 5' -7" into a required 10' -7" side yard setback between the project and 215 Carnation including four deck/balcony features with protective guard rails that exceed the maximum 6 -foot height above natural grade; and three balconies and one at grade landing each with protective guard rails that exceed the maximum height of 6 feet from natural grade within the required 10' -7" side yard abutting Bayside Place. City of Newport Beach Planning Commission Resolution No. 1761 Page 2 of 37 6. Coastal Residential Development Permit No. 2005 -002 to allow demolition of the existing dwelling units within the Coastal Zone pursuant to Chapter 20.86 of the Municipal Code. WHEREAS, on February 22, 2007, April 5, 2007, May 17, 2007, February 21, 2008, and June 19, 2008, the Planning Commission held a noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the applications, project and a draft Mitigated Negative Declaration 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 project site has two separate land use designations assigned by the Land Use Element of the General Plan (584 square -feet is designated RT (Two -Unit Residential) and the remaining portion of the site, 60,700 square -feet, is designated RM (Multi -Unit Residential, 20 dwelling units per acre). The proposed amendment changing the land use designation of the 584 square -foot portion of the site to match the remainder of the site will numerically allow 1 additional unit; however, the density limitation as dictated by the Zoning Ordinance is more restrictive as it excludes submerged lands and slopes in excess of 50% from the calculation. The density of the proposed project is below the resulting maximum density permitted by the General Plan (28 dwellings) and is consistent with the maximum density allowed by the existing MFR zone (9 units). The residential condominium project is consistent with the proposed Multi - Family Residential land use designation and is consistent with residential developments within the area. WHEREAS, Charter Section 423 requires that all proposed General Plan Amendments be reviewed to determine if the square footage (for non - residential projects), peak hour vehicle trip, or dwelling units thresholds would be exceeded as the means to determine whether a vote by the electorate would be required to approve the General Plan Amendment. Pursuant to Council Policy A -18, voter approval is not required as the proposed General Plan Amendment represents an increase of 1 dwelling unit and an increase of 1 A.M. and 1 P.M. peak hour trip. Additionally, no prior amendments have been approved within Statistical Area F3 and, therefore, the project and prior amendments do not cumulatively exceed Charter Section 423 thresholds as to require a vote of the electorate. WHEREAS, the proposed project subject to conditions of approval is consistent with General Plan Policy LU5.1.9 inasmuch as building elevations that face public streets need to be treated to achieve the highest level of urban design and neighborhood quality. Architectural treatment of building elevations and the modulation of mass are to convey the character of separate living units or clusters of living units, avoiding the appearance of a singular building volume. Street elevations are to be provided with high quality materials and finishes to convey quality. Roof profiles are City of Newport Beach Planning Commission Resolution No. 1761 Page 3 of 37 modulated to reduce the apparent scale of large structures and to provide visual interest and variety. Parking areas are designed to be integral with the architecture of the development. Usable and functional private open space for each unit are incorporated as each unit has an outdoor deck or patio that may include a fire pit and spa. Common open space that creates a pleasant living environment with opportunities for recreation is also included. Private storage areas for each unit are also provided. The project design incorporates building articulation, roof modulation and a diverse architectural style. Although specific exterior finishes or building materials are not identified at this time, the applicant and architect are committed to providing the highest quality project commensurate with the expense of the project and appropriate to their target buyer. WHEREAS, the proposed project subject to conditions of approval is consistent with General Plan Policy LU 5.1.8 that requires adequate enclosed parking considering the number of bedrooms. One unit has 2 bedrooms, five units have 3 bedrooms, one unit has 4 bedrooms and one unit has 5 bedrooms. Five of the units have other rooms that could be modified and used as bedrooms and the unit sizes range from 2,689 to 4,990 square feet. The project provides two spaces for each of 2 units without vehicle lifts, and three spaces for each of 6 units with vehicle lifts. Seven guest parking spaces, one service vehicle space and 2 golf cart spaces are provided for a total of 32 covered, vehicle spaces. An area for motorcycle or bicycle parking is also included. Provided parking is in excess of the minimum required pursuant to the Zoning Code (2.5 parking spaces per unit for total of 20 spaces). WHEREAS, the proposed project is consistent with General Plan Policy CE7.1.8 and Policy CE7.1.1 as well as Coastal Land Use Policy 2.9.3 -1 that require new development to avoid the use of parking configurations or parking management programs that are difficult to maintain and enforce and that new development is required to provide adequate, convenient parking for residents. All parking is enclosed on site with access to lower parking levels taken from two vehicle elevators. Five of the seven guest parking spaces and parking for one unit is located at street level where access to the vehicle elevators is not necessary. No gates are planned that could possibly inhibit to the street -level parking. Only seven of the eight units and two guest parking spaces will required the use of the vehicle elevators. The below -grade parking configuration accessed by elevators is sufficiently convenient in that two vehicle elevators to access the garage are proposed, which will reduce vehicle wait times to avoid significant conflicts entering or exiting the elevators. Emergency power generators are required so that vehicle access is maintained if electrical power is lost. The vehicle maneuvering areas within the parking areas meet or will be modified prior to the issuance of a building permit consistent with applicable standards required by the City Traffic Engineer. WHEREAS, the Land Use and Natural Resources Elements of the General Plan contain general policies regarding the protection of public views, visual resources, coastal bluffs and other natural resources and the Coastal Land Use Plan (CLUP) reflects these same policies and includes additional policies that expand upon the topics City of Newport Beach Planning Commission Resolution No. 1761 Page 4 of 37 addressed in the Land Use and Natural Resources Elements of the General Plan and are applicable only within the Coastal Zone such that a finding of consistency with the CLUP is an implicit finding of consistency with the Land Use Element of the General Plan. Accordingly, based upon facts in support of findings that the project's consistency with the relevant CLUP policies as indicated below, the project is determined to be consistent with all resource protection policies within the Land Use and Natural Resources Elements. WHEREAS, the Coastal Land Use Plan (CLUP) designates the majority of the site RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre) and a 584 square -foot portion of the site is designated RH -D High Density Residential - 50.1 to 60 dwelling units per acre. The proposed amendment of the land use designation for the 584 square -foot portion of the site will result in a land use designation the same as the larger portion of the site and will numerically increase the maximum permissible project density by 1 unit, from 13 to 14, but not the maximum permissible density pursuant to the RM -A Zoning for the site. WHEREAS, the proposed project is consistent with applicable policies.within Chapter 2 (Land Use and Development) of the Coastal Land Use Plan based upon the following: 1. Policy 2.7 -9. Continue to maintain appropriate setbacks and density, floor area, and height limits for residential development to protect the character of established neighborhoods and to protect coastal access and coastal resources. The project conforms to the height limit of the MFR zone and no deviation is proposed. The project proposes 62,231 gross square -feet, below the maximum 75,868 allowed by the existing MFR zone standard. The proposed 8 -unit project is below the maximum permissible density established by the RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre). Setback encroachments are primarily subterranean and would not impact the character of the area. The above - ground encroachments are minor in nature. The project provides between 5 to 10 feet of setback area to the north abutting 215 Carnation Avenue where no public view presently exists due to current site conditions. The setback proposed will provide adequate separation from the building to the north and the encroachments will not impact fragile resources as the encroachments are located on the opposite side of the building away from the bluff and bay. 2. Policy 2.7 -2. Continue the administration of provisions of State law relative to the demolition, conversion and construction of low and moderate - income dwelling units within the coastal zone. Government Code Section 65590 (Mello Act) regulates the demolition or conversion of low and moderate income units within the Coastal Zone. All units were vacated in December of 2001 and only a caretaker and the applicant's family reside in the City of Newport Beach Planning Commission Resolution No. 1761 Page 5 of 37 apartment. No low or moderate income residents currently reside within the project and, therefore, Government Code Section 65590 is not applicable. 3. Policy 2.8.1 -1. Review all applications for new development to determine potential threats from coastal and other hazards. Policy 2.8.1 -2 Design and site new development to avoid hazardous areas and minimize risks to life and property from coastal and other hazards. Policy 2.8.1 -3. Design land divisions, including lot line adjustments, to avoid hazardous areas and minimize risks to life and property from coastal and other hazards. A coastal hazards study has been prepared by GeoSoils Inc., dated -October, 5, 2006. Given the location, topography and development proposed, potential hazards are seismic ground shaking, coastal bluff retreat due to erosional forces and tsunamis. Seismic issues are mitigated with the implementation of the Building Code and coastal bluff retreat is not expected to impact the project during the 75 year economic fife of the building. Inundation by wave action or tsunami is considered very remote and the proposed residential improvements are well above wave action. 4. Policy 2.8.1 -4. Require new development to assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and Cliffs. Policy 2.8.3 -1. Require all coastal development permit applications for new development on a beach or on a coastal bluff property subject to wave action to assess the potential for flooding or damage from waves, storm surge, or seiches, through a wave uprush and impact reports prepared by a licensed civil engineer with expertise in coastal processes. The conditions that shall be considered in a wave uprush study are: a seasonally eroded beach combined with long -term (75 years) erosion, high tide conditions, combined with long -term (75 year) projections for sea level rise; storm waves from a 100 -year event or a storm that compares to the 1982183 El Nino event. Policy 2.8.6 -10. Site and design new structures to avoid the need for shoreline and bluff protective devices during the economic life of the structure (75 years). Policy 2.8.7 -3. Require applications for new development, where applicable [i.e., in areas of known or potential geologic or seismic hazards], to include a geologic /soils/geotechnical study that identifies any geologic hazards affecting the proposed project site, any necessary mitigation measures, and contains a statement that the project site is suitable for the proposed development and that the City of Newport Beach Planning Commission Resolution No. 1761 Page 6 of 37 development will be safe from geologic hazard. Require such reports to be signed by a licensed Certified Engineering Geologist or Geotechnical Engineer and subject to review and approval by the City. A Grading Plan Review Report prepared by Neblett & Associates, August 2005, the Coastal Hazard Study prepared by GeoSoils Inc., dated October 2006, a Stormwater Pollution Prevention Plan prepared by Hunsaker and Associates dated March 27, 2005 collectively indicate that the project will not be subject to nor contribute to erosion, geologic instability, geologic hazard nor require shoreline protective devices during the economic life of the structure (75 years). 5. Policy 2.8.6 -9. Require property owners to record a waiver of future shoreline protection for new development during the economic life of the structure (75 years) as a condition of approval of a coastal development permit for new development on a beach, shoreline, or bluff that is subject to wave action, erosion, flooding, landslides, or other hazards associated with development on a beach or bluff. Shoreline protection may be permitted to protect existing structures that were legally constructed prior to the certification of the LCP, unless a waiver of future shoreline protection was required by a previous coastal development permit. A waiver of future shoreline protective devices is included as a condition of approval 6. Policy 2.9.3 -10 Require new development to minimize curb cuts to protect on- street parking spaces and close curb cuts to create new public parking wherever feasible. The project will reduce the width of existing curb cuts creating 3 additional street spaces. WHEREAS, the proposed project is consistent with Chapter 3 (Public Access) of the Coastal Land Use Plan based upon the following: Policy 3.1.1 -1. Protect, and where feasible, expand and enhance public access to and along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails. Policy 3.1.2 -1. Protect, and where feasible, expand and enhance public access to and along coastal bluffs. Policy 3.1.2 -2. Site, design, and maintain public access improvements in a manner to avoid or minimize impacts to coastal bluffs. Policy 3.1.1 -11. Require new development to minimize impacts to public access to and along the shoreline. Policy 3.1.1 -9. Protect, expand, and enhance a system of public coastal access that achieves the following: - Maximizes public access to and along the shoreline; City of Newport Beach Planning Commission Resolution No. 1761 Page 7 of 37 • Includes pedestrian, hiking, bicycle, and equestrian trails; • Provides connections to beaches, parks, and recreational facilities; • Provides connections with trail systems of adjacent jurisdictions; • Provides access to coastal view corridors; • Facilitates alternative modes of transportation; • Minimizes alterations to natural landforms; • Protects environmentally sensitive habitat areas; • Does not violate private property rights. Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where feasible, including Corona del Mar and other areas of limited public accessibility. Policy 3.1.1 -13. Require 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. Such dedication or easement shall extend from the limits of public ownership (e.g. mean high tide line) landward to a fixed point seaward of the primary extent of development (e.g. intersection of sand with toe or top of revetment, vertical face of seawall, dripline of deck, or toe of bluff). Policy 3.1.1 -14. Require a direct dedication or an Offer to Dedicate (0 TD) an easement for vertical access in all new development projects causing or contributing to adverse public access impacts, unless adequate access is available nearby. Vertical accessways shall be a sufficient size to accommodate two -way pedestrian passage and landscape buffer and should be sited along the border or side property line of the project site or away from existing or proposed development to the maximum feasible extent. Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where feasible, including Corona del Mar and other areas of limited public accessibility. Policy 3.1.1 -26. Consistent with the policies above, provide maximum public access from the nearest public roadway to the shoreline and along the shoreline with new development except where (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources or (2) adequate access exists nearby. Policy 3.1.1 -27. Implement public access policies in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following: • Topographic and geologic site characteristics; • Capacity of the site to sustain use and at what level of intensity; • Fragility of natural resource areas; • Proximity to residential uses; • Public safety services, including lifeguards, fire, and police access; City of Newport Beach Planning Commission Resolution No. 1761 Page 8 of 37 • Support facilities, including parking and restrooms; • Management and maintenance of the access; • The need to balance constitutional rights of individual property owners and the public's constitutional rights of access. The project site has no dedicated public access easements or physical access to the coastal bluff or bay. No abutting vertical or lateral public access presently exists that would connect to any access that might be considered within the development. The steep topography of the site makes vertical access a safety concern and access for the disabled could not be accommodated. Support facilities presently do not exist nor are they planned, and parking in the area is constrained. Lastly, access through the site would be in close proximity to residential uses. The lower portion of the bluff face (below 50.7 feet MSL), submerged lands and tidelands will remain in their existing condition, with the exception of the construction of a new dock system to replace the existing one. Public access to the tidelands from the water will not be affected as the development will be well above the tidelands. Access to the designated view point at the end of Carnation Avenue will also remain unaffected and the public view from that point and Ocean Boulevard will be enhanced with project approval with the installation of a bench and /or other public amenity at the corner to improve the experience. The project will create 3 new parking spaces along Carnation Avenue with the reduction in the width of the existing driveway approaches. These new public parking spaces will enhance access to the area. With the reduction in residential density and the fact that no access rights or proscriptive access rights exist, the project will not impact or impede public access. Public access to the bay is currently provided in the vicinity at China Cove, Lookout Point and at a street -end located in the 2300 block of Bayside Drive. These access points are located approximately 450 feet to the east, 1,125 feet to the east and approximately 480 feet to the northwest, respectively. Based upon the forgoing, requiring public access easements or outright dedication of land for public access is not necessary. WHEREAS, the proposed project is consistent with Policy 4.1.3 -1 of the Coastal Land Use Plan that states "Utilize the following mitigation measures to reduce the potential for adverse impacts to ESA natural habitats from sources including, but not limited to, those identified in Table 4.1.1." Only Subsections E, F, G, and N are applicable to the proposed project as the other subsections are clearly inapplicable as they relate to different physical and operational aspects of Newport Bay. E. Limit encroachments into wetlands to development that is consistent with Section 30233 of the Coastal Act and Policy 4.2.3 -1 of the Coastal Land Use Plan. The residential portion of the project will not encroach into wetlands or open coastal waters. The expanded boating facility (replacement docks) is a permitted encroachment City of Newport Beach Planning Commission Resolution No. 1761 Page 9 of 37 within open coastal waters pursuant to Section 30233 of the Coastal Act and Policy 4.2.3 -1 as construction must be conducted in accordance with all mitigation measures contained within the Mitigated Negative Declaration. F. Regulate landscaping or revegetation of blufftop areas to control erosion and invasive plant species and provide a transition area between developed areas and natural habitats. A condition of approval requires all non - native plantings on the bluff to be removed and revegetation of the bluff face is regulated to only allow native and non - invasive plantings indigenous to the California coastal bluff environment. G. Require irrigation practices on blufftops that minimize erosion of bluffs. An irrigation plan is required pursuant to conditions of approval for the project and temporary irrigation on the bluff face may only be to be used to establish vegetation. N. Prohibit invasive species and require removal in new development. A condition of approval requires all non - native plantings on the bluff to be removed and revegetation of the bluff face is regulated to allow only native and non - invasive plantings indigenous to the California coastal bluff environment. WHEREAS, the proposed project is consistent with the following policies of Chapter 4 (Coastal Resource Protection) based upon the following: Policy 4.3.1 -5. Require development on steep slopes or steep slopes with erosive soils to implement structural best management practices (BMPs) to prevent or minimize erosion consistent with any load allocation of the TMDLs adopted for Newport Bay. Policy 4.3.1 -6. Require grading /erosion control plans to include soil stabilization on graded or disturbed areas. Policy 4.3.1 -7. Require measures be taken during construction to limit land disturbance activities such as clearing and grading, limiting cut -and fill to reduce erosion and sediment loss, and avoiding steep slopes, unstable areas, and erosive soils. Require construction to minimize disturbance of natural vegetation, including significant trees, native vegetation, root structures, and other physical or biological features important for preventing erosion or sedimentation. Policy 4.3.2 -22. Require beachfront and waterfront development to incorporate BMPs designed to prevent or minimize polluted runoff to beach and coastal waters. Policy 4.3.2 -23. Require new development applications to include a Water Quality Management Plan (WQMP). The WQMP's purpose is to minimize to the maximum City of Newport Beach Planning Commission Resolution No. 1761 Page 10 of 37 extent practicable dry weather runoff, runoff from small storms (less than 314" of rain falling over a 24 -hour period) and the concentration of pollutants in such runoff during construction and post - construction from the property. An Erosion and Sediment Control Plan, Stormwater Pollution Prevention plan and a Water Quality Management Plan are required by conditions of approval and they must include best management practices to ensure that erosion is controlled to the maximum extent feasible. WHEREAS, the proposed project is consistent with Policy 4.4.3 -4. of the Coastal Land Use Plan that states "On bluffs subject to marine erosion, require new accessory structures such as decks, patios and walkways that do not require structural foundations to be sited in accordance with the predominant line of existing development in the subject area, but not less than 10 feet from the bluff edge. Require accessory structures to be removed or relocated landward when threatened by erosion, instability or other hazards." No new accessory structures are proposed. The policy also requires that accessory structures be removed or relocated landward when threatened by erosion, instability or other hazards. A condition of approval is included such that the existing accessory structures (concrete pad, staircase and walkway) will be removed if threatened by erosional processes in the future. WHEREAS, the proposed project is consistent with Policy 4.4.3 -11 of the Coastal Land Use Plan that states "Require applications for new development to include slope stability analyses and erosion rate estimates provided by a licensed Certified Engineering Geologist or Geotechnical Engineer." A Grading Plan Review Report prepared by Neblett & Associates, August 2005, the Coastal Hazard Study prepared by GeoSoils Inc., dated October 2006, a Stormwater Pollution Prevention Plan prepared by Hunsaker and Associates dated March 27, 2005, collectively indicate that the project will not be subject to nor contribute to erosion, geologic instability, geologic hazard nor require shoreline protective devices during the economic life of the structure (75 years). WHEREAS, the proposed project is consistent with the following policies of Chapter 4 (Coastal Resource Protection) that regulate.the protection of public views based upon the following: Policy 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas. Policy 4.4.1 -2. Design and site new development, including landscaping, so as to minimize impacts to public coastal views. City of Newport Beach Planning Commission Resolution No. 1761 Page 11 of 37 Policy 4.4.1 -4. Where appropriate, require new development to provide view easements or corridors designed to protect public coastal views or to restore public coastal views in developed areas. Policy 4.4.1 -6. Protect public coastal views from the following roadway segments... Ocean Boulevard. (Figure 4 -3 of the CLOP identifies the intersection of Carnation Avenue and Ocean Boulevard as a "view point.') Policy 4.4.1 -7. Design and site new development, including landscaping, on the edges of public coastal view corridors, including those down public streets, to frame and accent public coastal views. Policy 4.4.2 -2. Continue to regulate the visual and physical mass of structures consistent with the unique character and visual scale of Newport Beach. Policy 4.4.2 -3. Implement the regulation of the building envelope to preserve public views through the height, setback, floor area, lot coverage, and building bulk regulation of the Zoning Code in effect as of October 13, 2005 that limit the building profile and maximize public view opportunities. A public view presently exists over the southeastern portion of the site from Ocean Boulevard and Carnation Avenue to the south and southwest between the existing 14- unit apartment building and improvements on the adjoining property to the southeast. The siting of the proposed building would provide a greater separation between these buildings than exists today. Presently, the horizontal view window measures 25 degrees and with the project, the view window will increase to 44 degrees. Based upon the visual simulation prepared by the project architect, the public view from Ocean Boulevard to the west will also be improved due to the position of the proposed building. Although the proposed building is taller than the existing building, there is no public view over the buildings; therefore, the taller building proposed will not impact a public view. The project is consistent with the 28 -foot building height limit as demonstrated by the project plans and verified by staff, and with other building envelope restrictions with the exception of setback encroachments as proposed. Since the visible portion of the building will not extend below 50.7 feet MSL and is consistent with the predominant line of existing development as identified by the City Council on August 14, 2007, impacts to public views of the site from the south, west and from Begonia Park are not significantly impacted so as to be inconsistent with CLUP policy. The above -grade encroachments of the building into the side yard setback adjacent to 215 Carnation Avenue will not impact a public view as public view from Carnation Avenue or Ocean Boulevard to Newport Bay or Pacific Ocean presently does not exist in that location. Other setback encroachments are below the grade of the street and would not impact a public view. Project encroachments into the required side yard setback abutting Bayside Place do impact public views from Begonia Park or other vantage points from the northwest as the balconies and walkway do not project beyond the silhouette of the remainder of the City of Newport Beach Planning Commission Resolution No. 1761 Page 12 of 37 building that conforms to setback regulations. No other public views exist from the street through the site due to the position of the current buildings. Therefore, the proposed project will not have an impact upon existing public views through the site to the south and west. The recordation of a public view easement to protect the public view over the site from Ocean Boulevard and Carnation Avenue is required as a condition of approval. WHEREAS, the proposed project is consistent with the following policies of Chapter 4 (Coastal Resource Protection) as they related to the scenic and visual qualities of the coastal zone and to minimizing the alteration of the coastal bluff based upon the following: Policy 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas. Policy 4.4.1 -2. Design and site new development, including landscaping, so as to minimize impacts to public coastal views. Policy 4.4.1 -3 Design and site new development to minimize alterations to significant natural landforms, including bluffs, cliffs and canyons. Policy 4.4.3 -8. Prohibit development on bluff faces, except private development on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar determined to be consistent with the predominant line of existing development or public improvements providing public access, protecting coastal resources, or providing for public safety. Permit such improvements only when no feasible alternative exists and when designed and constructed to minimize alteration of the bluff face, to not contribute to further erosion of the bluff face, and to be visually compatible with the surrounding area to the maximum extent feasible. Policy 4.4.3 -9. Where principal structures exist on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar, require all new development to be sited in accordance with the predominant line of existing development in order to protect public coastal views. Establish a predominant line of development for both principle structures and accessory improvements. The setback shall be increased where necessary to ensure safety and stability of the development. Policy 4.4.3 -12. Employ site design and construction techniques to minimize alteration of coastal bluffs to the maximum extent feasible, such as: A. Siting new development on the flattest area of the site, except when an alternative location is more protective of coastal resources. B. Utilizing existing driveways and building pads to the maximum extent feasible. C. Clustering building sites. City of Newport Beach Planning Commission Resolution No. 1761 Page 13 of 37 D. Shared use of driveways. E. Designing buildings to conform to the natural contours of the site, and arranging driveways and patio areas to be compatible with the slopes and building design. F. Utilizing special foundations, such as stepped, split level, or cantilever designs. G. Detaching parts of the development, such as a garage from a dwelling unit. H. Requiring any altered slopes to blend into the natural contours of the site. The City Council has interpreted Policies 4.4.3 -8 and 4.4.3 -9 to mean that development on bluff faces is prohibited, except private development on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar determined to be consistent with the predominant line of existing development. Additionally, public improvements on coastal bluff faces that are allowable are those that provide public access, protect coastal resources, or provide for public safety when no feasible alternative exists and when they are designed and constructed to minimize alteration or further erosion of the bluff face and are visually compatible with the surrounding area to the maximum extent feasible. In all cases where the predominant line of existing development is used to establish a development limit, it shall not be the only criteria used for this purpose. All coastal land use policies shall be considered in determining the appropriate extent of new development and size of new structures. The City Council made these clarifications by adopting Coastal Land Use Plan Amendment No. 2007 -003, which has not yet been considered by the California Coastal Commission. Existing development of the site is located on the face of a coastal bluff. Identification of the project site as a coastal bluff is based upon the professional opinion of Sidney Neblett, a Certified Engineering Geologist. The coastal bluff transitions from north - facing to west - facing roughly northwest of the intersection of Ocean Boulevard and Carnation Avenue in the center of the project. This transition point extends down to the northwest to the western extent of a small pocket beach unofficially known as Carnation Cove. North of the transition point of this coastal bluff, is a series of residential structures developed between 42 and 58 feet above mean sea level. East of the transition point along Ocean Boulevard is a series of projects that were developed much farther down the bluff face with several at the waters edge. The City Council reviewed this existing development pattern at a noticed public hearing on August 14, 2007, and determined that the predominant line of existing development is 50.7 feet MSL. The visible portion of the project does not extend below this elevation except where it connects with an existing access staircase leading to the Bay. The project minimizes alteration of the coastal bluff and protects public views of the coastal bluff by not altering the bluff face below the predominant line of existing development and preserving the majority of the visible bluff. The project is required to blend any altered slopes outside of the building footprint to the natural contours, native rocks or soils of the site. For these reasons, the project protects the scenic and visual qualities of the coastal zone, minimizes alteration of the bluff and is consistent with CLUP Policies 4.4.1 -1, 4.4.1 -2, 4.4.1 -3, 4.4.3 -8, 4.4.3- 9, 4.4.3 -12 and Coastal Land Use Plan Amendment No. 2007 -003. City of Newport Beach Planning Commission Resolution No. 1761 Page 14 of 37 WHEREAS, the granting of the Modification Permit allowing above grade and below grade encroachments into the front and side yard setbacks is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code for the following reasons: The site is irregular in shape, has steep topography and has submerged lands which make it difficult to design a project at the density proposed while providing required parking. Approximately 65% of the site is submerged or has slopes in excess of 50 %. The need to provide on -site parking requires that a significant portion of the building area be allocated for the parking garage, thereby reducing available area for residential units. The required side yard setback is also larger than the required front yard setback and the application of this standard represents a practical difficulty given the relatively small buildable area available on the entire site. WHEREAS, the granting of the Modification Permit allowing above grade and below grade encroachments into the front and side yard setbacks will be compatible with the existing development in the neighborhood and the granting of the permit application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood for the following reasons: The requested encroachments within the front yard, with the exception of the 42 -inch high protective guardrail, will be entirely subterranean and will not be visible. The proposed guardrail will have an open design allowing visibility through while providing adequate protection to pedestrians on the public sidewalk from falling over the proposed retaining wall located within the required front yard. Building encroachments within the required front and side yard setback on levels below the street will not be visible. Side yard setback encroachments (Balconies, stairways, stair landing and building areas) that are above -grade that are proposed between the project and 215 Carnation Avenue will leave between a 5' to 7' -6" setback on the street level and 10 feet of setback area on levels above. The provided setbacks exceed typical 4 -foot setbacks along Carnation Avenue. The decks are of limited size and consequently of limited use and, therefore, the privacy of the abutting resident should not be negatively effected. This area between the proposed building and the property line will provide sufficient separation between the project and the abutting residence to the north and the setbacks provided will provide for private views between the buildings from upper levels of residences across Carnation Avenue. The varying distances also provides some building articulation as suggested by General Plan policy. The encroachments of balconies, including protective guard railings, within the side setback abutting Bayside Place should not impact these residents given the change in topography, the separation provided by Bayside Place, a private roadway, and the fact that these residences are oriented toward Newport Bay and not project. The encroachments within the side setback abutting Bayside Place also do not encroach within a public view from Begonia Park or City of Newport Beach Planning Commission Resolution No. 1761 Page 15 of 37 other vantage points from the west any more than the proposed building does which is compliant with the setback. The encroaching balconies and guard railings will encroach into private views of residents to the north on Carnation Avenue, but the majority of the view to the west and southwest will remain unchanged. WHEREAS, Newport Tract No. 2005 -004 (TTM16882) can be approved based upon the following findings: 1. The modified project is consistent with the current land use designation including the proposed amendment. The project is consistent with Land Use Element Policy LU5.1.9 regarding the character and quality of multi - family residential development. The project is consistent with Land Use Element and Natural Resources Element policies related to the protection of public views, visual resources, coastal bluffs and other natural resources based upon the project's consistency with the Coastal Land Use Plan. The site is not subject to a specific plan. Minimum lot sizes established by the Zoning Ordinance are also maintained as required by the City Subdivision Code. The tentative tract map, pursuant to the conditions of approval, is consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map. 2. The buildable area of the site is relatively small compared to the entire 1.4 acre site. The site is not likely to be subject to coastal erosional processes or hazards during the 75 -year economic life of the project. No earthquake faults were found on -site and there is not likely to be an incidence of landslide, lateral spreading, subsidence, liquefaction, or collapse on -site or near the site given on -site soils conditions. These factors indicate that the site is suitable for development. 3. The design of the subdivision and proposed improvements subject to conditions of approval will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat based upon the Mitigated Negative Declaration (SCH# 2008051082) and the adoption of mitigation measures as conditions of project approval. 4. The tract map would subdivide airspace for residential condominium purposes and is not expected to cause serious public health problems given the use of typical construction materials and practices. No evidence is known to exist that would indicate that the proposed subdivision will generate any serious public health problems. All mitigation measures as outlined in the Mitigated Negative Declaration and the Building, Grading and Fire codes will be implemented to ensure the protection of public health. 5. The proposed subdivision will not conflict with easements, acquired by the public at large, because a utility and sewer easement that affects the site is presently not in use and can be abandoned. The design of the proposed subdivision will not impact an existing storm drain easement and storm drain as proposed improvements will not City of Newport Beach Planning Commission Resolution No. 1761 Page 16 of 37 encroach upon the existing easement. The storm drain easement will appear on the final map. Public utility easements for utility connections that serve the project site are present and will be modified, if necessary, to serve the proposed project. 6. The site is not subject to a Williamson Act contract. 7. The property is not located within the boundaries of a specific plan; 8. The subdivision is subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and field inspection processes. The site has a western exposure and incorporates curved roof elements that will provide some shading of windows and passive solar cooling. Significant exterior wall segments are below grade which will benefit from passive cooling. 9. The subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing needs although the proposed subdivision will have the effect of reducing the residential density on the site from 15 units to 8 units. The reduction is insignificant given the City's current housing supply. Although the reduction in units does not assist the City in reaching its production goals, no affordable housing units are being eliminated based upon the fact that the project was not occupied by low or moderate income households. The reduction in density is consistent with existing density limitations of the Municipal Code. 10.Wastewater discharge into the existing sewer system will be consistent with existing residential use of the property, which does not violate Regional Water Quality Control Board (RWQCB) requirements. 113he proposed subdivision is entirely within the coastal zone and the site is not presently developed with coastal - related uses, coastal- dependent uses or water oriented recreational uses that would be displaced by a non - priority use. The project site is constrained by topography and public access exists nearby making on -site vertical and lateral access unnecessary. Public access to the area is enhanced as a result of increasing public parking opportunities on Carnation Avenue afforded by 3 on street parking spaces to be added with closure of existing driveway curb cuts. The position of the proposed building enhances public views from Ocean Boulevard and Carnation Avenue by increasing the view angle between the development on the project site and adjacent development. The modified project developed in accordance with the conditions of approval will minimize alteration of the coastal bluff and preserve the scenic and visual quality of the coast by preserving the bluff below 50.7 feet MSL. Lastly, the project will not impact sensitive marine resources with the implementation of the conditions of approval. City of Newport Beach Planning Commission Resolution No. 1761 Page 17 of 37 WHEREAS, the project includes the demolition of 15 dwelling units within the Coastal Zone within 2 buildings and pursuant to Chapter 20.86 of the Zoning Code, units proposed for demolition and occupied by low or moderate income households must be replaced if such replacement is determined to be feasible. The 15 units are not occupied by low or moderate income households and, therefore, no replacement units are required. Households potentially meeting the low or moderate income limits were not evicted for the purpose of avoiding a replacement requirement within the previous 12 months. WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) (SCH No. 2008051082) have been prepared pursuant to the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. Several previous drafts of the MND were circulated for public comment. Ultimately, the City Council determined that the predominant line of existing development was 50.7 feet MSL and required the applicant to revise the project. Based upon the revised project, which also includes replacement docks, a final draft MND was prepared and circulated for public review between May 19, 2008, and June 17, 2008. WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applied to the project and are incorporated as conditions of approval. WHEREAS, the Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Planning Commission's independent judgment and analysis. The Planning Commission hereby recommends that the City Council adopt Mitigated Negative Declaration SCH No. 2008051082 and the attached Mitigation Monitoring and Reporting Program. The document and all material which constitute the record upon City of Newport Beach Planning Commission Resolution No. 1761 Page 18 of 37 which this decision was based are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. Section 2. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2005- 006 per Exhibit "A ", Coastal Land Use Plan Amendment No. 2005 -002 per Exhibit "B ", Code Amendment No. 2005 -009 per Exhibit "C "; and approve Newport Tentative Tract Map No. 2005 -004 (TTM 16882), Modification Permit No. 2005 -087 and Coastal Residential Development Permit No. 2005 -002 (PA 2005 -196) subject to conditions of approval attached as Exhibit "D ". Section 3. Planning Commission Resolution Nos. 1723 and 1751 are hereby rescinded. PASSED, APPROVED AND ADOPTED THIS 191h DAY JUNE, 2008. I1-Y, AYES: Eaton, Peotter, Cole, Hawkins, McDaniel & Hillgren NOES: sjcretary City of Newport Beach Planning Commission Resolution No. 1761 Page 19 of 37 Exhibit "A" City of Newport Beach Planning Commission Resolution No. 1761 Page 20 of 37 Exhibit "B" City of Newport Beach Planning Commission Resolution No. 1761 Page 21 of 37 Exhibit "C" City of Newport Beach Planning Commission Resolution No. 1761 Page 22 of 37 Exhibit "D" CONDITIONS OF APPROVAL Newport Tract No. 2005 -004 (Tentative Tract Map No. 16882) Modification Permit No. 2005 -087 (Project- specific conditions are in italics) Planning Department 1. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. 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. 3. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 4. The development shall be in substantial conformance with the approved plans stamped and dated June 99, 2008, except as modified by the conditions of approval. 5. Project approvals except the Tentative Tract Map shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. The Tentative Tract Map shall expire within 36 months from the date of final approval unless extensions are granted prior to expiration in accordance with the Subdivision Ordinance and Subdivision Map Act. 6. The applicant shall obtain a Coastal Development Permit from the California Coastal Commission prior to the issuance of any building, grading or demolition permit for the project. 7. The Covenants, Conditions, and Restrictions (CC &Rs) for the proposed condominium association shall provide for the tong term maintenance of the project and shall be reviewed and approved by the Newport Beach City Attorney prior to their recordation. The CC &Rs shall include a provision that residents shall park only operable vehicles within the parking garage that are in active use (i.e. no tong term storage of vehicles). City of Newport Beach Planning Commission Resolution No. 1761 Page 23 of 37 8. Prior to the issuance of a _grading or building permit, the applicant shall provide the City with a performance bond or its equivalent to ensure timely completion of all improvements represented on plans and drawings submitted for permit approval in the event construction of improvements consistent with project approval is abandoned. The performance bond or its equivalent shall be in 900% of the cost of the building shell and shall be issued with the City as beneficiary by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of Califomia and shall have an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide unless otherwise approved by the City Risk Manager. The bond or equivalent shall be released in 25% increments upon completion of each quarter of construction of the building shell. 9. Prior to the issuance of a grading or building permit for new construction, the applicant shall execute a waiver of all claims against the City for future liability or damage resulting from the approval to build the project. The form and content of the waiver shall be in a form acceptable to the office of the City Attorney and the waiver shall be recorded against the property in question. 10. Prior to the issuance of a building permit, the applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Director. The site shall not be excessively illuminated as excessive illumination may be determined consistent with the luminance recommendations of the Illuminating Engineering Society of North America or by the Planning Director in the event the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. 11. Prior to the issuance of a building permit, a landscape and irrigation plan prepared by a licensed landscape architect shall be submitted for review and approval by the Planning Director. The plans shall incorporate native drought tolerant plantings and water efficient irrigation practices. All planting areas, with the exception of bluff 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. The proposed landscaping adjacent to the back of sidewalk shall be designed with provisions that will prevent irrigation and/or other runoff from spilling onto the sidewalk. 12. Boat slips may be developed, maintained and operated in tidelands adjacent to the residential condominium development provided all necessary permits are first obtained. The maximum number of boat slips shall be no greater than the total number of residential units developed. Use of the boat slips shall be limited to City of Newport Beach Planning Commission Resolution No. 1761 Page 24 of 37 residents and their guests and the slips shall not be leased, subleased or allowed to come into the control of non - residents of the condominium development. 13. Prior to the issuance of a building or grading permit, a waiver of future shoreline protection during the economic life of the structure (75 years) shall be recorded against the property. The waiver shall be binding upon all future owners and assignees. The waiver shall be reviewed and approved by the City Attorney prior to recordation. 14. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 15. Prior to issuance of a certificate occupancy for the project, the applicant shall install a public bench within the public right -of -way as depicted on the site plan. The specific design and location of the bench shall be approved by the Public Works, Planning and General Services Departments prior to installation. 16. 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. 17. 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, watering, 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. 18. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. 19. 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. 20. Water leaving the project site due to over - irrigation of landscape shall be minimized. If an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division of the City Manager's Office shall visit the City of Newport Beach Planning Commission Resolution No. 1761 Page 25 of 37 location, investigate, inform resident if possible, leave a note and in some cases shut -off the water. 21. Watering should be done during the early morning or evening hours to minimize evaporation (between 4:00 p.m. and 9:00 a.m., the following morning). 22. All irrigation system leaks shall be investigated by a representative from the Code and Water Quality Enforcement Division of the City Manager's Office and the applicant or future owners shall complete all required repairs. 23. 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. 24. All altered slopes that are outside of the building envelope shall be contoured to resemble the existing natural terrain. 25. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the AERIE Project including, but not limited to, the approval of General Plan Amendment No. 2005 -006, Coastal Land Use Plan Amendment No. 2005 -002, Code Amendment No. 2005 -009, Tentative Tract Map No. 2005 -004 (Tract 16882), Modification Permit No. 2005 -087 and Coastal Residential Development Permit No. 2005 -002 collectively referred to as PA 2005 -196; and /or the City's related California Environmental Quality Act determinations, the adoption of a Mitigated Negative Declaration and a Mitigation Monitoring Program for the AERIE Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 26. The project shall incorporate and implement an emergency power backup system so the vehicle lifts will operate during a power outage. The location of the generator shall be sound attenuated and screened from public view and subject to the review and approval of the Planning Director. City of Newport Beach Planning Commission Resolution No. 1761 Page 26 of 37 27. Remote control operators for the vehicle elevators, in quantities equal to the number of parking spaces assigned to each dwelling unit, shall be provided to occupants of the respective units. The project shall incorporate an external indicating system to alert drivers which vehicle elevator will be available for immediate use. The vehicle elevator system shall be maintained for efficient use throughout the life of the project. 28. Vehicle parking and maneuvering areas shall be restricted to the operation, maneuvering and parking of operable vehicles and shall not be used for storage of any kind including the long -term storage of vehicles not in regular use. 29. Construction activities shall be confined to the hours of 7:00 a.m. and 6:30 p.m. on weekdays and on Saturdays between the hours of 8:00 a.m. and 6:00 p.m. 30. No idling of construction vehicles or equipment shall be allowed. Construction vehicles and equipment shall be properly operated and maintained and shall be turned off immediately. Construction workers, equipment operators or truck drivers shall not employ any form of audible signaling system during any phase of construction. 31. Reclaimed water shall be used wherever available, assuming it is economically feasible. Fire Department 32. One gumey- accommodating elevator shall be provided in accordance with Chapter 30 of the California Building Code within the project that must access each level. 33. A Class 111 standpipe system shall be provided at the private dock in accordance with Newport Beach Fire Department guidelines. 34. A public fire hydrant shall be provided at the comer of Carnation Avenue and Ocean Boulevard. The hydrant shall be installed and tested prior to occupancy of the project, unless required earfierby the Fire Department. 35. A fire alarm system with fire control room shall be provided within the project. Monitored Automatic fire sprinklers shall be required for the entire structure to meet NFA93, 2003 Edition and in accordance with Newport Beach Fire Department requirements. Shut -off valves and a waterflow device shall be provided for each unit. A Class 1 standpipe shall be provided at every level at all stairs. Standpipe and sprinklers may be a combination system. 36. The project shall provide pressurized exit enclosures and vestibules in accordance with the Building Code. Enclosures shall be a minimum two -hour fire rated construction. 37. Approved numbers or addresses shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting City of Newport Beach Planning Commission Resolution No. 1761 Page 27 of 37 the property. Said numbers shall be of made of non - combustible materials, shall contrast with their background, and shall be either internally or externally illuminated to be visible at night. Number shall be no less than six inches in height with a one -inch stroke. Public Works 38. All parking stall dimensions shall comply with City's Standard Drawings STD -805- L-A. 39. Driveway /drive aisle slopes shall comply with City Standard STD - 160 -L -C, which accommodate a 15 percent maximum slope and a maximum change in grade of 11 percent. The building plans shall show detailed profile of each of the proposed driveways. 40. Project driveways must conform to the City's sight distance standard 110 -L. Project driveways shall maintain a minimum 20 -foot width of The design shall be reviewed and approved by the City Traffic Engineer. 41. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 42. Construction surety in a form acceptable to the City, guaranteeing the completion of the various required public improvements and repairs, shall be submitted to the Public Works Department for City Council approval prior to the issuance of Public Works Department encroachment permit. 43. All improvements shall be constructed as required by Ordinance and the Public Works Department. 44. A water demand, a storm drain system capacity, and a sanitary sewer system capacity study shall be submitted to the Public Works Department along with the first building plan check submittal. The recommendations of these studies shall be incorporated as a part of the submitted plans. 45. Street, drainage and utility improvements within the public right -of -way shall be submitted on City standard improvement plan formats. All of the plan sheets shall be wet sealed, dated, and signed by the California registered professionals responsible for the designs shown on said plans. 46. All new landscaping within the public right -of -way shall be approved by the General Services Department and the Public Works Department. 47. The applicant shall submit detailed plans for the on -site drainage system(s) to demonstrate that it will prevent the underground garage from being flooded during storm events. City of Newport Beach Planning Commission Resolution No. 1761 Page 28 of 37 48. The Developer shall file one (1) Final Tract Map (Map). 49. The roadway cross section shown on the Map with a 990 -foot right -of -way width should be labeled as "Ocean Boulevard ". 50. The Map shall be prepared on the California coordinate system (NAD88). Prior to Map recordation, 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. 51. Prior to recordation, the Map boundary shall be tied onto 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. 52. The applicant's request to vacate the existing sewerlutilities easement shall be approved by the City Utilities Department prior to the issuance of a building permit or the recordation of the final tract map. The existing private ingresslegress easement with the same width, length, and alignment as the existing sewerlutilities easement shall be vacated or permission from the beneficiaries of the private easement shall be documented prior to the issuance of a building permit or the recordation of the final tract map. 53. A 5 -foot wide public sewer and utilities easement as measured from the centerline of the existing sewer main fronting the development site shall be recorded against the property. The applicant shall prepare and submit the legal description for said easement for City review and approval. 54. All easements of record shall be recorded as a part of the Final Map. 55. All improvements shall be designed and constructed in accordance with the current edition of the City Design Criteria, Standard Special Provisions, and Standard Drawings. 56. The sidewalk portion of the proposed new driveway approach shall be constructed with 2% cross -fall per City Standards. 57. Temporary construction sheet piles shall be installed to protect all existing storm drain and sanitary sewer mains within and adjacent to the development site. City of Newport Beach Planning Commission Resolution No. 1761 Page 29 of 37 58. No structures or construction tie -backs shall be constructed within the limits of any easements or public right -of -way without the approval of an Encroachment Agreement and Permit. 59. Full -width concrete sidewalk and curb and gutter shall be constructed along the length of the Carnation Avenue and Ocean Boulevard frontages. The new sidewalk shall join the existing sidewalk in front of 2501 Ocean Boulevard. 60. New concrete curbs shall be dowelled into sound concrete roadway pavement 61. Trees shall not be installed at locations where mature tree roots could damage the existing City sewer main. 62. The plans suggested there will be a 16 -foot drop from the top of proposed perimeter /retaining walls along the Carnation Avenue property line to the garden below. The proposed top of wall is shown on the Plans as 15" above the sidewalk finish surface. Adequate safety provisions for pedestrians and W/B Ocean Boulevard vehicle traffic shall be shown on building plans along the length of said walls and shall be implemented throughout the life of the project. 63. Each dwelling unit shall be served by its individual water service and sewer lateral connection and cleanout. 64. All utility connections shall be placed underground in accordance with the Subdivision Code. 65. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review and approval by the Traffic Engineer and any corrections /modifications shall be made to the satisfaction of the Traffic Engineer. 66. All non - standard improvements within the public right -of -way would require an Encroachment Agreement and Encroachment Permit. 67. Curb cuts within the public right -of -way leading to the pedestrian walkways shall not be permitted. Standard curb, gutter and sidewalk shall be installed. 68. Gates shall not be designed to open out into the public right -of -way. 69. Raised planters shall not be permitted within the Public right -of -way. Planting adjacent to the curb shall accommodate a vehicle car door opening. Project landscape plans shall provide details of the planters and shall be reviewed and approved by the Public Works Department prior to the issuance of a building permit. 70. The driveway approaches within the public right -of -way shall be shall be narrowed to the width of garage openings they serve. Six -inch curbs shall have a 3 foot flare. Drive approaches shall be modified to comply with ADA requirements. City of Newport Beach Planning Commission Resolution No. 1761 Page 30 of 37 71. Planters adjacent to the freight elevators shall be pulled back from the Carnation Avenue property line two feet to improve vehicle maneuvering. Planters in the front yard shall not encroach into the projection of the garage door edge. 72. No structural support column shall be located in the middle of the driveway leading to the parking area located on the Second Level. 73. The loading area adjacent to the ADA accessible stall shall be 8 -foot wide. 74. Prior to the issuance of a building permit, the applicant shall prepare a study of the existing drainage area and catch basin in Carnation Avenue to determine the appropriate size of catch basin. The developer shall enlarge the existing catch basin accordingly. 75. Prior to the issuance of the building permit, Public Works Department plan check and inspection fee shall be paid. 76. Prior to the issuance of a grading or building permit, 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. The plans shall include a provision that maintains the public right -of -way open to vehicular and pedestrian traffic after working hours daily. 77. Where vehicles leave the construction site and enter adjacent public streets, any visible track -out extending for more than fifty (50) feet from the access point shall be swept within thirty (30) minutes of deposition. 78. Prior to commencement of demolition and arading, the applicant shall submit to the City calculations showing the proposed travel route for haul trucks, the distance traveled, and how many daily truck trips that can be accommodated to ensure that the daily cumulative miles traveled is below the assumed total vehicle miles traveled in the quantitative air quality assessment of the Mitigated negative declaration. Building Department 79. The applicant is required to obtain all applicable permits from the City of Newport Beach. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The facility shall be designed to meet fire City of Newport Beach Planning Commission Resolution No. 1761 Page 31 of 37 protection requirements and shall be subject to review and approval by the Newport Beach Building and Fire Departments. 80. 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. 81. County Sanitation District fees shall be paid prior to issuance of any building permits. 82. Prior to the issuance of the -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. 83. Prior to the issuance of the -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 of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the City. 84. Prior to the issuance of the grading or building 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. 85. Prior to the issuance of the 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. 86. 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 City of Newport Beach Planning Commission Resolution No. 1761 Page 32 of 37 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. The ESCP shall include and require the use of soil stabilization measures for all disturbed areas. 87. Prior to issuance of the 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. 88. Prior to issuance of the 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 preliminary geologic investigation as well as additional requirements, if any, imposed by the Newport Beach Building Department. 89. Prior to issuance of the building permit, school impacts fees will be paid to the Building Department to assist in funding school facility expansion and educational services to area residents. Mitigation Measures from the Mitigated Negative Declaration 90. Mitigation Measure 111 -1: During grading activities, any exposed soil areas shall be watered at least four times per day. Stockpiles of crushed cement, debris, dirt or other dusty materials shall be covered or watered twice daily. On windy days or when fugitive dust can be observed leaving the proposed project site, additional applications of water shall be applied to maintain a minimum 12 percent moisture content as defined by SCAQMD Rule 403. Soil disturbance shall be terminated whenever windy conditions exceed 25 miles per hour. 91. Mitigation Measure 111 -2: Truck loads canying soil and debris material shall be wetted or covered prior to leaving the site. Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily. 92. Mitigation Measure 111 -3: All diesel - powered machinery exceeding 100 horsepower shall be equipped with soot traps, unless the Contractor demonstrates to the satisfaction of the City Building Official that it is infeasible. 93. Mitigation Measure 111 -4: The construction contractor shall time the construction activities, including the transportation of construction equipment vehicles and City of Newport Beach Planning Commission Resolution No. 1761 Page 33 of 37 equipment to the site, and delivery of materials, so as not to interfere with peak hour traffic. To minimize obstruction of through traffic lanes adjacent to the site, a flag person shall be retained to maintain safety adjacent to existing roadways, if deemed necessary by the City. 94. Mitigation Measure 111 -5: The construction contractor shall encourage ridesharing and transit incentives for the construction workers. 95. Mitigation Measure 111 -6: To the extent feasible, pre- coated/natural colored building materials shall be used. Water -based or low VOC coatings shall be used that comply with SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, or manual coatings application such as paint brush, hand roller, trowel, etc. shall be used to reduce VOC emissions, where practical. Paint application shall use lower volatility paint not exceeding 100 grams of ROG per liter. 96. Mitigation Measure IV -1: An updated pre - construction eelgrass and invasive algae survey shall be completed within 30 days of the initiation of the proposed dock/gangway construction. The results of this survey will be used to update the results of the March 2007 eelgrass survey and to identify, if any, potential project - related eelgrass losses and the presence or absence of the invasive algae (Caulerpa taxifolia) in accordance with NMFS requirements. 97. Mitigation Measure IV -2: A post - construction project eelgrass survey shall be completed within 30 days of the completion of project construction in accordance with the Southern California Eelgrass Mitigation Policy (NMFS 1991 as amended, Revision 11). The report will be presented to the resources agencies and the Executive Director of the California Coastal Commission within 30 days after completion of the survey. If any eelgrass has been impacted in excess of that determined in the pre- construction survey, any additional impacted eelgrass will be mitigated at a ratio of 1.2:1 (mitigation to impact). 98. Mitigation Measure IV -3: Eelgrass shall be mitigated based on two annual monitoring surveys that document the changes in bed (i.e., area extent and density) in the vicinity of the footprint of the boat dock, moored vessel(s), and/or related structures during the active -growth period for eelgrass (typically March through October). Mitigation shall be implemented pursuant to the requirements of the Southern California Eelgrass Mitigation Policy (NMFS 1991 as amended, Revision 11). A statement from the applicant indicating their understanding of the potential mitigation obligation that may follow the initial two year monitoring is required. If losses are identified, a final eelgrass mitigation plan shall be submitted to the City of Newport Beach and resources agencies for review and acceptance. 99. Mitigation Measure IV -4: The project marine biologist shall mark the positions of eelgrass beds in the vicinity of the dock and gangway construction area with buoys prior to the initiation of any construction activities. City of Newport Beach Planning Commission Resolution No. 1761 Page 34 of 37 100. Mitigation Measure IV -5: The project marine biologist shall meet with the construction crew prior to initiation of construction to orient them to specific areas where eelgrass occurs. 101. Mitigation Measure IV -6: Support vessels and barges shall maneuver and work over eelgrass beds only during tides of +2 feet mean lower low water (MLLV1O or higher to prevent grounding within eelgrass beds, damage to eelgrass from propellers, and to limit water turbidity. 102. Mitigation Measure IV -7: Anchors and anchor chains shall not impinge upon eelgrass habitat. 103. Mitigation Measure IV -8: Construction activities associated with the elevated walkway leading to the gangway, and construction personnel shall avoid impacts to rocky intertidal habitat and to eelgrass beds and sand dollar habitat within the Carnation Cove. 104. Mitigation Measure IV -9: Residents shall be informed of the sensitivity of the cove as a unique marine biological habitat to assist in ensuring the long -term protection of the cove's marine biological resources. 105. Mitigation Measure IV -10: If vegetation clearing is to take place between March 15 and July 31, a pre - construction nesting survey for migratory birds will be conducted as required by the California Department of Fish and Game and U.S. Fish and Wildlife Service. Pre- construction surveys are to be conducted no more than 30 days prior to ground disturbance. Some restrictions on construction activities may be required in the vicinity of the nests until the site is no longer active, as determined by a qualified biologist. 106. Mitigation Measure V -1: A qualified paleontologist shall be retained by the project applicant to develop a Paleontological Resource Impact Mitigation Program (PRIMP) consistent with the guidance of the Society of Vertebrate Paleontology (SVP). In the event that fossils are encountered during construction activities, ground - disturbing excavations in the vicinity of the discovery shall be redirected or halted by the monitor until the find has been salvaged. Any fossils discovered during project construction shall be prepared to a point of identification and stabilized for long -term storage. Any discovery, along with supporting documentation and an itemized catalogue, shall be accessioned into the collections of a suitable repository. Curation costs to accession any collections shall be the responsibility of the project applicant. 107. Mitigation Measure VI -1: During periods when boats would be exposed to excessive wave - induced motions, boats should moved from the proposed docks and be sheltered at safe locations inside Newport Harbor to avoid damage. City of Newport Beach Planning Commission Resolution No. 1761 Page 35 of 37 108. Mitigation Measure VI -2: The dock design shall be based on the extreme wave conditions identified in the coastal engineering study (Noble Consultants, Inc., 2008). One percent height of impinging random waves shall be used, which translates to a minimum design wave height of about 1.7 times the significant wave height (i.e., four to 4.5 feet). 109. Mitigation Measure VII -1: Any repairs, renovations, removal or demolition activities that will impact the Asbestos Containing Materials (ACM) or inaccessible ACM shall be performed by a licensed asbestos contractor. Inaccessible suspect ACM shall be tested prior to demolition or renovation. Air emissions of asbestos fibers and leaded dust would be reduced to below a level of significance through compliance with existing federal, state, and local regulatory requirements. Proper safety procedures for the handling of suspect ACM shall always be followed in order to protect the occupants of the building and the asbestos workers. 110. Mitigation Measure VII -2: The property owner shall maintain all Lead Based Paint (LBP) in good condition at all times. Any LBP in poor condition must be stabilized by removal of all loose and flaking paint chips under controlled conditions and application of a primer /encapsulant (seal -coat) over the remaining intact paint. 111. Mitigation Measure VII -3: A contractor performing paint removal work shall follow the OSHA lead standard for the construction industry. The lead content of the paint should be considered when choosing a method to remove the pain, as proper waste disposal requirements and worker protection measure shall be taken. 112. Mitigation Measure VIII -1: The developer shall be responsible for replacement/upsizing of the 10 -foot wide catch basin located in Camation Avenue storm drain, which is currently deficient. The new catch basin will be sized to provide sufficient capacity for the runoff generated by this project, as well as existing runoff from the rest of the tributary area to this facility. It shall satisfy the appropriate storm -year design criteria established by the City Engineer. This storm drain reconstruction shall include appropriate urban runoff filtration elements, to reduce potential water pollution impacts into Newport Harbor. Reconstruction of this storm drain shall occur outside of the rainy season. 113. Mitigation Measure VIII -2: All debris and trash shall be disposed in suitable trash containers on land or on the work barge at the end of each construction day. 114. Mitigation Measure VIII -3: Discharge of any hazardous materials into Newport Bay is prohibited. 115. Mitigation Measure VIII -4: Silt curtains shall be deployed around work barges and around the pile sleeving or drilling operations where feasible to minimize the spread of turbid waters into adjacent eelgrass beds within and outside the project area. City of Newport Beach Planning Commission Resolution No. 1761 Page 36 of 37 116. Mitigation Measure IX -1: The property owner(s) shall execute and record a waiver of future shoreline protection for the project prior to the issuance of a building permit. Said waiver shall be subject to the review and approval of the City Attorney. 117. Mitigation Measure IX -2: The applicant shall dedicate a view easement as depicted on the exhibit below; however, it will only affect the project site. Structures and landscaping within the easement area shall not be permitted to block public views. The easement shall be recorded prior to the issuance of a building permit for new construction and shall be reflected on the final tract map. CUR.INE OF EASTNG B IDING PR OUs PROP SFD DWELOW._M � . PREVK%IS PROPOSED DECK PROPOSED UNR 9 DECK ----------- \ PROPOSED DNfFS 6 \ I IN, ` QQQ��� f� !O Al uRwnox I 11 I 3 i•�•� � oraN xw. eaav � /// 'FUacr r+raxr: S� F��xcHF,NDMN w OARNATION AVE. S / FWM/JH FOR RIBl1C Ll°E IrRn 40I DRMI 118. Mitigation Measure IX -3: Accessory structures shall be relocated or removed if threatened by coastal erosion. Accessory structures shall not be expanded and routine maintenance of accessory structures is permitted. 119. Mitigation Measure IX -4: Bluff landscaping shall consist of native, drought tolerant plant species determined to be consistent with the Califomia coastal buff environment. Invasive and non - native species shall be removed. Irrigation of bluff faces to establish re- vegetated areas shall be temporary and used only to establish the plants. Upon establishment of the plantings, the temporary irrigation system shall be removed. 120. Mitigation Measure XI -1: All construction equipment, stationary and mobile, shall be equipped with properly operating and maintained muffling devices. City of Newport Beach Planning Commission Resolution No. 1761 Page 37 of 37 121. Mitigation Measure XI -2: A construction schedule shall be developed that minimizes potential cumulative construction noise levels. 122. Mitigation Measure XI -3: The construction contractor shall notify the residents of the construction schedule for the proposed project, including construction of the dock, and shall keep them informed on any changes to the schedule. The notification shall also identify the name and phone number of a contact person in case of complaints. The contact person shall take all reasonable steps to resolve the complaint. 123. Mitigation Measure XV -1: Prior to commencement of each major phase of construction, the Contractor shall submit a construction staging, parking and traffic control plan for approval by the Public Works Department, which shall address issues pertaining to potential traffic conflicts during peak traffic periods, potential displacement of on- street parking, and safety. This plan shall identify the proposed construction staging area(s), construction crew parking area(s), estimated number and types of vehicles that will occur during that phase, the proposed arrival /departure routes and operational safeguards (e.g. flagmen, barricades, shuttle services, etc.) and hourly restrictions, if necessary, to avoid traffic conflicts during peak traffic periods, displacement of on- street parking and to ensure safety. • The construction staging, parking and traffic control plan shall provide for an off - site parking lot for construction crews which will be shuttled to and from the project site at the beginning and end of each day until such time that the project site can accommodate off - street construction vehicle parking. Until that time, construction crews shall be prohibited from parking in the adjacent residential neighborhood. • The plan shall identify all construction traffic routes, which shall avoid narrow residential streets unless there is no alternative, and the plan shall not include any streets where some form of construction is underway within or adjacent to the street that would impact the efficacy of the proposed route. • Dirt hauling shall not be scheduled during weekday peak hour traffic periods or during the summer season (Memorial Day holiday weekend through and including the Labor Day holiday weekend). The approved construction staging, parking traffic control plan shall be implemented throughout each major construction phase. 124. The door and passageway leading between the basement level and the stairway to the beach and docks depicted on Sheet A -5 of the plans shall be designed or re- oriented such that it is not readily visible from Newport Bay.