HomeMy WebLinkAbout1681 - RECOMMEND TO ADOPT MND AND APPROVE GPA, LCP LUPA,PC, NP2005-014, NP2004-004, TS AND CR_900 NEWPORT CENTER DRIVE.I
RESOLUTION NO. 1681
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL
ADOPT MITIGATED NEGATIVE DECLARATION (SCH NO. 2005-
071067) AND APPROVE GENERAL PLAN AMENDMENT NO, 2004-
005, LCP LAND USE PLAN AMENDMENT NO. 2005 -001, PLANNED
COMMUNITY DEVELOPMENT PLAN NO. 2005 -003, TENTATIVE
PARCEL MAP NO. 2005 -014, TENTATIVE TRACT MAP No. 2004 -004
(TRACT 16774), TRAFFIC STUDY NO. 2005 -002 AND COASTAL
RESIDENTIAL DEVELOPMENT PERMIT NO. 2005 -004 FOR
PROPERTY LOCATED AT 900 NEWPORT CENTER DRIVE (PA 2004-
169).
WHEREAS, an application was filed by Lennar Homes with respect to property
located at 900 Newport Center Drive, and legally described as Parcel 1, as per map filed in
Book 75 pages 33 and 34 of parcel maps, in the office of the County Recorder to construct
79 residential condominiums on a 4.25 -acre site presently developed with tennis courts
operated by the adjacent Newport Beach Marriott Hotel. The application requests
approval of: a General Plan Amendment and an Amendment of the 1990 Local Coastal
Plan Land Use Plan (LCPLUP) to change the land use designations of the 4.25 -acre site
from Administrative, Professional & Financial Commercial to Multiple - Family Residential;
an Amendment of the 2004 LCPLUP to change the land use designation from Visitor -
Serving Commercial (CV -B) to Medium Density Residential C (RM -C), a Zone Change to
rezone the subject property from APF to the PC District; adopt a Planned Community
Development Plan to establish permitted use and development regulations; consider a
waiver of the 10 -acre minimum land area requirement for Planned Community District
adoption; a Parcel Map to subdivide the subject property from the hotel development for
financing and development purposes; a Tract Map for the condominium ownership (79
residential units); a Traffic Study pursuant to the Traffic Phasing Ordinance (TPO) and a
Coastal Residential Development Permit regarding the provision of affordable housing in
accordance with the Municipal Code and the General Plan Housing Element.
WHEREAS, on November 3, 2005, the Planning Commission held a noticed
public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport
Beach, California at which time the project applications, the Mitigated Negative
Declaration and comments received thereon 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 property is located in the Block 900 — Hotel Plaza of the Newport
Center (Statistical Area L1) of the Land Use Element and has a land use designation of
Administrative, Professional & Financial Commercial (APF) and zoned APF
(Administrative, Professional, Financial).
WHEREAS, a General Plan Amendment and an Amendment of the 1990 Local
Coastal Plan Land Use Plan (LCPLUP) to change the land use designations of the site
from Administrative, Professional & Financial Commercial to Multiple - Family Residential is
necessary as the proposed residential use is not permitted in the APF designation. A
change in land use would result in a 4.25 -acre reduction in land available to be
potentially used for office uses consistent with the APF designation. However, within the
Newport Center, there is approximately 200 acres designated APF and the two percent
(2 %) reduction proposed by the project is not a significant reduction.
WHEREAS, the residential condominium project is consistent with the proposed
Multi - Family Residential land use designation. The proposed residential condominium
project would be compatible with the residential developments to the south and
northeast of the site. The proposed project is viewed as incompatible with the office
uses across Santa Barbara Street and is also compatible with the adjacent hotel and
golf course
WHEREAS, the 2004 LCP Land Use Plan designates the site for Visitor Serving
Commercial uses. This designation was applied due to the existing use of the Marriott
Hotel complex. A change in land use designation from CV -B (Visistor- Serving
Commercial) to RM -C (Medium Density Residential C) is necessary for the proposed
residential development. The change in land use designation will reduce the land available
for visistor - serving commercial uses by 4.25 acres. Although this reduction in area would
occur, the opportunity to construct the remaining hotel room entitlement of 79 rooms would
not be lost and they could be constructed nearby within a portion of Newport Center within
the Coastal Zone.
WHEREAS, Section 30250(a) of the California Coastal Act (CCA) provides
criteria for the location of new development. The Coastal Act provides for the protection
of coastal resources by requiring that new development be located in close proximity to
existing development with available public services to minimize the impacts associated
with the extension of infrastructure and services. The project is located within Newport
Center, which is a development area with all public services (utilities, roads, police, fire
etc.) presently provided.
WHEREAS, Section 30252(4) requires new development within the Coastal Zone
to provide adequate parking facilities or provide substitute means of serving the
development with public transportation. The proposed development provides an adequate
number of on -site parking spaces. The project also will be conditioned so that the parking
structures will have adequate dimensions, clearances, and access to insure their proper
use.
WHEREAS, Section 30212, requires public access must be provided from the
nearest public roadway to the shoreline and along the coast in new development. The
subject property is not adjacent to the ocean or bay; therefore, coastal access
easements are not required.
WHEREAS, Section 30222 requires the use of private land suitable for visitor -
serving commercial recreational facilities for coastal recreation must have priority over
private residential, general industry, or general commercial development. Although, the
change in land use designation will reduce the land available for visistor serving
commercial uses by 4.25 acres; the opportunity to construct the remaining hotel room
entitlement of 79 rooms would not be lost and they could be constructed nearby within the
portion of Newport Center that is located within the Coastal Zone.
WHEREAS, the City's General Plan indicates that the City shall maintain suitable
and adequate standards for landscaping, sign control, site and building design, parking
and undergrounding of utilities and other development standards to ensure that the
beauty and charm of existing residential neighborhoods are maintained, that
commercial and office projects are aesthetically pleasing and compatible with
surrounding land uses. The proposed PC Text contains one classification of land use
and provides the development standards for the entire subject property. The draft PC
Text contains development regulations for the subject site which includes definitions
and information concerning requirements for development site coverage, building
height, setbacks, off - street parking, vehicular access, signing, lighting, storage, and
screening and landscaping to ensure that the project would be compatible with the
surrounding land uses consistent with the objectives of the Land Use Element.
WHEREAS, to be consistent with the Housing Programs 2.2.1 and 2.2.3 of the
City's Housing Element, the project is required to provide a minimum of 20% of the total
units (16 units) for affordable income households for a minimum of 30 years. The
applicant is requesting that the affordable housing provision be off -site, at an approved
location within the City, as affordable housing is not feasible at the subject site.
According to the applicant, the project's Home Owner's Association fees are expected
to be a minimum of $1,500 per month, which is a substantial multiple of the statutory
mortgage payment limits for affordable housing when combined with acquisition costs
and taxes. With this provision, the applicant will be required to enter into an agreement
with the City to provide said units off -site within the City's limits. The agreement will be
reviewed and approved by the City Attorney and will be executed prior to the
recordation of tract map or the issuance of a building or grading permit for the proposed
project.
WHEREAS, approval of the project is implementing Housing Program 3.2.4 that
allows the City to consider and approve rezoning of property from non - residential to
residential uses when appropriate to extend housing opportunities to as many renter
and owner occupied households as possible in response to the demand for housing in
the City.
WHEREAS, Charter Section 423 requires all proposed General Plan
Amendments to be reviewed to determine if the square footage, peak hour vehicle trip
or dwelling units thresholds have been exceeded and a vote by the public is required.
This project has been reviewed in accordance with Council Policy A -18 and a voter
approval is not required as the project represents an increase of 39 — A.M. and 35 —
P.M. peak hour trips for a new 79 dwelling unit development. These increases, when
added with 80% of the increases attributable to two previously approved amendments,
result in a total of 47 — A.M. peak hour trips and 43.8 — P.M. peak hour trips; 3,640
square feet of non - residential floor area and 79 dwelling units do not cumulatively
exceed Charter Section 423 thresholds for a vote.
WHEREAS, the project is located within Newport Center where public services and
infrastructure are available to serve the proposed development. Additionally, all applicable
improvements required by Section 19.28 (Subdivision Improvements) of the Subdivision
Code are to be satisfied by the applicant.
WHEREAS, the parking requirement for a multiple - family residential zoned
project is two spaces per unit, including one covered, plus 0.5 spaces for guest parking
for developments of four or more units. A total of 158 spaces are required for the
residences and a minimum of 40 spaces are required for guest parking. A total of 201
spaces are proposed to serve the project, and therefore, the project meets the parking
requirements of the Municipal Code. In addition to the provision of adequate on -site
parking, the project is conditioned that the parking designs meet all City requirements
regarding parking stall width, depth, grade, and aisle- turning radii.
WHEREAS, the proposed PC District does meet the intent and purposes for a
PC adoption as specified in Section 20.35.010 for a PC District adoption when
considering it in a larger context beyond the site's boundaries given its location in the
Newport Center area which includes a mixture of shopping, hotels, commercial support
uses, professional offices, and residential developments that cohesively contain the
ingredients of a planned community. The proposed PC District adds to this diversity
assisting the City in larger scale community planning.
WHEREAS, the adoption of PC District would allow the site to be developed with
flexibility in establishing development standards such as minimum front, rear, and side
yard dimensions and density to ensure that the project would be compatible with the
surrounding land uses.
WHEREAS, Pursuant to Section 19.12.070 of the City Subdivision Code, the
following standard findings must be made to approve the Tentative Parcel Map and Tract
Map.
1. The proposed Tentative Maps are consistent with the Newport Beach
Subdivision Code (Title 19) and applicable requirements of the Subdivision Map
Act. Conditions of approval have been included to ensure compliance with Title
19 and the Subdivision Map Act.
2. Lot 1 of the Parcel Map is being proposed for the residential development and is
of sufficient size for the intensity of development and the site is physically
suitable for the project. The project provides an adequate number of parking
spaces as required by the Zoning Code. Access to the site can be provided
through the proposed driveways along Santa Barbara Drive. Additionally, no
earthquake faults were found on -site. There is no known incidence of landslide,
lateral spreading, subsidence, liquefaction, or collapse on -site or near the site;
however, existing soils will be required to be excavated and re- compacted to
create stable soil conditions to support the proposed development. The
implementation of mitigation measures identified in the draft Mitigated Negative
Declaration would reduce any potential impacts. The site is, therefore, physically
suitable for development.
3. Lot 2 of Parcel Map is proposed to retain a General Plan land use designation of
Administrative, Professional & Financial Commercial. Lot 2 is not proposed for
new development and this parcel will continue to be used as a hotel and it is of
sufficient size to support its existing use.
4. Under the proposed Parcel Map, Lot 2 does not include any improvements and
the development of Lot 1 as a residential use 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
subdivisions will generate any serious public health problems. All mitigation
measures will be implemented as outlined in the Mitigated Negative Declaration
to ensure the protection of the public health.
5. No public easements for access through, or use of, the property have been
retained for the use by the public at large. 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. Title 24 of the Uniform Building Code 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.
7. The proposed subdivision facilitates the creation of 79 new residential units. The
provision of 16 affordable units will assist the City in meeting its housing needs
as identified in the Regional Housing Needs Assessment. Public services are
available to serve the proposed development of the site and the Mitigated
Negative Declaration prepared for the project indicates that the project's potential
environmental impacts are expected to be less than significant.
8. Waste discharge into the existing sewer system will be consistent with residential
use of the property which does not violate Regional Water Quality Control Board
(RWQCB) requirements.
9. The proposed subdivision is entirely within the coastal zone and the site subject
to the tentative maps is not presently developed with coastal - related uses,
coastal- dependent uses or water - oriented recreational uses. The project is
consistent with the City's 1990 Local Coastal Program Land Use Plan and the
recently modified and approved LCPLUP that will replace the 1990 certified LUP.
The subject site to be subdivided does not abut the ocean or bay, and does not
provide public access to coastal resources; therefore, no impacts to coastal
access are anticipated. Recreation policies of the Coastal Act require that site
resources for water - oriented recreational activities that cannot be supplied inland
must be protected. These policies prioritize water - oriented recreational activities
over other land uses and encourage aquaculture and water - oriented recreational
support facilities. The project site proposed to be subdivided is not suitable for
water - oriented recreational activities due to its size and location, approximately
1.5 miles from the shoreline.
WHEREAS, the entire project is located within the Coastal Zone and requests
the construction of 79 units. Pursuant to Chapter 20.86 of the Zoning Code, when a
project proposes to create 10 or more units within the coastal zone, affordable housing
must be included within the project unless it can be determined infeasible. The Housing
Element of the General Plan determines the number and type of affordable housing that
is required. In accordance with the Housing Element, 16 affordable housing units would
be required to be provided.
WHEREAS, a Traffic Study has been prepared by Kunzman Associates under
the supervision of the City Traffic Engineer pursuant to the TPO and its implementing
guidelines (Appendix D of the Mitigated Negative Declaration), CEQA analysis for
cumulative projects and intersection capacity utilization (ICU), and General Plan
analysis. The project will result in a net increase of 330 new average daily trips, 42
vehicle trips during morning (AM) peak hour and 39 vehicle trips during the afternoon
(PM) peak hour. The study concluded that the proposed project will not cause a
significant impact at the study area intersections; therefore, no improvements are
required at these intersections.
WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have
been prepared in compliance with the Environmental Quality Act (CEQA), the State
CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public
comment between July 15 and August 15, 2005. Comments were received from the
California Coastal Commission, Airport Land Use Commission and Mr. Terek Saleh of
Costa Mesa. The contents of the environmental document, including comments on the
document, have been considered in the various decisions on this project. Since then, it
was determined that the most appropriate zoning designation for the property would be
PC (Planned Community). This new zoning designation does not affect the size, scope
or design of the project that would potentially create additional physical environmental
impacts. As result, it has been determined that the MND adequately describes the
potential impacts of the project and does not require additional recirculation and review
of the MND. An addendum has been prepared to address the change in the zoning
designation and made it a part of the MND.
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.
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. 2005 - 071067 included therewith. The document and all
material which constitute the record upon 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. 2004-
005 per revised Newport Center (Statistical Area L -1) depicted in Exhibit "A" and Land
Use map depicted in Exhibit "B ", LCP Land Use Plan Amendment No. 2005 -001
depicted in Exhibit "C ", Planned Community Development Plan No. 2005 -003 for text
adoption depicted in Exhibit "D" and revision to Zoning Map depicted in "E ", Tentative
Parcel Map No. 2005 -014, Newport Tract Map No. 2004 -004 (TTM16774), Traffic Study
No. 2005 -002 and Coastal Residential Development Permit No. 2005 -004 all subject to
Conditions of Approval in Exhibit "F" attached hereto and made part hereof.
PASSED, APPROVED AND ADOPTED THIS 3' DAY OF NOVEMBER 2005.
AYES: Eaton, Hawkins, Cole, Toerge,
McDaniel and Henn
NOES: None
ABSENT: Tucker
BY:
Michael ge, Chairman
BY:
Barry Eato ecretary
Exhibit "A"
THE FOLLOWING CHANGES WILL BE MADE TO THE LAND USE ELEMENT AND
OTHER PROVISIONS OF THE LAND USE ELEMENT SHALL REMAIN UNCHANGED:
10. Block 900 - Hotel Plaza. This area is bounded by Newport Center Drive, the
Balboa Bay Tennis Club, the Newport Beach Country Club, Jamboree Road and
Santa Barbara Drive. The site is designated for Administrative, Professional and
Financial Commercial and Multi - Family Residential land uses. The allowed
development is 611 hotel rooms with ancillary hotel support facilities and 19,630
sq. ft. of office development [GPA 94 -1 (A)]. The residential sites is are allocated
67146 (67 +79) dwelling units.
ESTIMATED GROWTH FOR STATISTICAL AREA LI
Residcntial (in
Commercial (in sq.
do's)
ft.)
Projecte
Existing
Gcn. Plan
d
Existing
Gen. Plan
Projected
01/01/198
01/01/198
7
Projection
Growth
7
Projection
Growth
1. Block 0
0
0
0
246.146
432,320
186.174
2. Block 100
0
0
0
196,545
199,095
2,550
3. Block 200
0
0
0
207,781
207.781
0
4. Block 300
0
0
0
130.408
134,908
4,500
5. Block 400
0
0
0
440,118
440,118
0
6. Block 500
0
0
0
377,170
377,170
0
7. Block 600
0
0
0
1.284,134
1,426,634
142,500
8. Block 700
0
0
0
327,671
327,671
0
9. Block 800
0
245
245
253,984
253,984
0
10. Block 900
67
146
79
616,630
625,630
9,000
11. Civic Plaza
0
0
0
365,160
456,710
91,550
12. Corporate Plaza
0
0
0
15,000
115.000
100,000
13. Tennis Club
0
0
0
0
0
0
14. NB Country Club
0
0
0
0
0
0
15. Amling's
0
0
0
3,960
5.000
1,040
16. Villa Point
0
228
228
0
0
0
IT Sea Island
132
132
0
0
0
0
18. Fashion Island
0
0
0
1,603,850
1,633,850
30,000
19. Newport Village
0
0
0
55,000
170.000
115,000
TOTAL
199
751
552
6,123,557
6,805,871
682,314
Population
394
1,331
937
Revised
08/10/2004
Exhibit "B"
PROPOSED CHANGE TO THE GENERAL PLAN LAND USE MAP FROM
ADMINISTRATIVE, PROFESSIONAL, & FINANCIAL COMMERCIAL TO MULTIPLE -
FAMILY RESIDENTIAL.
Exhibit "C"
PROPOSED CHANGE TO THE 199012004 LOCAL COASTAL LAND USE MAP
FROM APFICV -B TO MFRIRM -C
a
pr
Existing
Coastal Land ,
Land Use Plan
Use Plan
'(Upon adoption of the
2004 LC P.ILU P)
SFA;
Single - Family Attached
At Low Density Residential
4.6 - 6 DUTAC
" MFR
Muhl - Family Residential
m A Medium Density Residential
6.1 -10 DUTAC
AM{ Medium Density Residential
15,1 -20 MAC
-Recreational
$
Environmental Open Space
Open Space
u1.
Admin., Professional 8
Visitor Servin Commmerclal
mil•' D
Financial Commercial
0.5 -1.25 PAR
Subject Site
APF / CV B* to
MFR / RM -C*
y�
f
is,
0
10
Ngylp..,\
h NPOhr
Exhibit "D"
PROPOSED DRAFT PLANNED COMMUNITY TEXT
Santa Barbara Residential
Planned Community District
Regulations
Newport Beach, California
October 2005
TABLE OF CONTENTS
SANTA BARBARA RESIDENTIAL PLANNED COMMUNITY DISTRICT
REGULATIONS
Page
Introduction............................................................................... .............................13
ProjectDescription .................................................................... .............................13
Section I Uses and Development Standards .............. .............................18
Section II General Notes ............................................. .............................22
List of Figures
Figure I General Site Location .................................. .............................16
Figure II Land Use Plan ............................................. .............................17
Figure III Site Plan ...................................................... .............................23
INTRODUCTION
The subject of this document is a 4.25 -acre parcel on Santa Barbara Drive that has
been designated as "Santa Barbara Residential Planned Community District' on the
Districting Map for the City of Newport Beach. The designation was adopted to allow
the development of 79 condominium units. The Santa Barbara Residential Planned
Community District designation and "Santa Barbara Residential Planned Community
District Development Regulations" have been adopted consistent with Chapter 20.35,
"Planned Community District", of the Newport Beach Zoning Code.
The project site is designated Multi - Family Residential in the Land Use Element of the
General Plan. This designation permits both single - family and multiple - family dwellings.
The 4.25 -acre parcel will be developed consistent with the General Plan and with
regulations set forth herein and with all applicable ordinances, standards, and policies of
the City of Newport Beach.
The subject property is located within the Coastal Zone and development pursuant to
this PC Text will require a Coastal Development Permit from the California Coastal
Commission.
The general site location and land use plan for the subject property are set forth in
Figure I.
PROJECT DESCRIPTION
The 4.25 -acre site is currently being used as a tennis club operated by the Newport
Beach Marriott Hotel. There are eight outdoor tennis courts, a clubhouse and ancillary
uses on the property which are surrounded by landscaping on all sides. The subject
property has a relatively flat terrain, and slopes down to the west. Vehicle and
pedestrian access to the site is provided by a driveway on Santa Barbara at the
southeasterly corner of the site. The site is bordered to the east by Santa Barbara Drive,
to the north and west by the Newport Beach Country Golf Course and to the south by
the Newport Beach Marriott Hotel. Across Santa Barbara Drive and Newport Center
Drive to the east are the Pacific Financial Plaza and the Colony Condominiums.
The project consists of three separate buildings housing a total of 79 residential
condominium units with eight different floor plan options, ranging from 2,363 to 4,018
square feet in size. All existing improvements will be demolished and removed for the
development of the proposed project. The architecture of the project would be of old
world Mediterranean hillside homes with bold colors, rich detailings and generous use of
decks and Juliet balconies. Large expanses of glass, decks and balconies will be used to
take advantage of ocean views.
Access to the new residential development will be via two driveways from Santa Barbara
Drive. The main entrance is designed to provide access for the residents and guests of the
two most southerly buildings and the parking garages. The second driveway is designed
13
for the residents and guests with access to the most northerly building and the
underground parking garage. The project is designed with two subterranean parking
levels, with 201 parking spaces for residents and guests.
The proposed project would provide approximately 79,140 square feet of open space
throughout the development and approximately 21,300 square feet of recreation area
consists of passive uses such as meandering walkways, water fountains, and seating
areas with barbeques.
The adoption of PC zoning district would allows the site to be developed with flexibility
in establishing development standards such as minimum front, rear, and side yard
dimensions and density, as set forth in the PC Development Plan.
14
Figure I — General Site Location
Costa Mesa
PIA
/Mariners
Vest NewPOrt '
laity Mall .1116
Udo lsto
Newport Pier"�
i
- Airport Aroa
• i
..!;.
Eastbluti .
Site Location
l"I"
Harbor View \.
Fashion Island
Balboa Island b . ,� Spyglass
Balboa Pier
15
4. Ilk"
- Corona Del Mar Newport Coast
The Wadg`o
a
NOT TO SCAL
Crystal Cove
W
Figure 11 — Land Use Plan
Jamboree Rd.
13
Y
Wh.61I.A3
Sah .04ehienle-Dr.
San Joaquin Hills Rd.
S ti. arbara Dr
Newport Center Dr.
16
Mao Arthur Blvd
NOT TO SCAL
SECTION I
USES AND DEVELOPMENT STANDARDS
1
2.
3.
c�
5.
a
Area of Development
Total Area: 4.25 Acres
Permitted Uses
A. Condominiums
B. Recreation Facilities Ancillary to Residential Uses
C. Parking lots, structures and facilities
Densi
Total allowed density:
Building I: 27 units
Building II: 31 units
Building III: 21
Floor Area Ratio
Floor Area Ratio
Maximum Buildable Area
79 units (18.59 units /gross acre)
1.9
Maximum number of dwelling units for the residential development shall not
exceed 79 dwelling units (1.9 FAR).
Building Height
The maximum permissible height of the development shall be sixty -five (65) feet
at the mid -point of the roof measured in accordance with Chapter 20.65, "Height
Limits', of the City of Newport Beach Zoning Code.
7. Building Setbacks
A.
Front Setback
B.
Side Setback
C.
Rear Setback
D.
Parking Structure
15' minimum
7' minimum
13'
The minimum setback for a
parking structure shall be three
(3) feet for each one (1) foot or
fraction thereof that the parking
City of Newport Beach
Planning Commission Resolution No.
Page 18 of 36
structure extends above adjoining
grade.
8. Signs
A sign program for the Santa Barbara Residential Planned Community, approved
by The Irvine Company shall be submitted for review and approved by the City of
Newport Beach Planning Director or their designee.
9. Parkin
A total 201 parking spaces shall be provided for the development which equate
to 2 spaces for resident and 0.5 space for guest per each unit. A minimum of 2
parking spaces shall be provided per unit. In addition, guest parking shall be
provided at a minimum rate of 0.5 spaces per unit. Guest parking will be
provided in the parking structure, in a manner acceptable to the City Public
Works Department.
Building I: 70 spaces (55 resident + 15 guest)
Building II: 78 spaces (62 resident + 16 guest)
Building III: 53 spaces (42 resident + 11 guest)
Required off - street parking shall be provided on the site of use served, or on a
common parking area in accordance with applicable off - street parking
requirements of the City of Newport Beach Zoning Ordinance.
10. Vehicular Access
The development will take vehicular access from two driveway curb cuts. A main
entrance will be provided for residents and guests to access the two most
southerly buildings and garage and a secondary driveway will provide residents
and guests access to the most northerly building and parking garage.
11. Landscaping & Irrigation
Plants shall be adapted to the coastal climate of Newport Beach and appropriate
to the specific soil, topographic, and sun /shade conditions of the project site.
Drought - tolerant plants shall be used to the maximum extent practicable. Plant
species having comparable water requirements shall be grouped together for
efficient use of irrigation water. All plant materials shall conform to or exceed the
plant quality standards of the latest edition of American Standard for Nursery
Stock published by the American Association of Nurserymen, or the equivalent.
Plants shall conform to the Newport Center Master Plan where applicable. Plant
18
City of Newport Beach
Planning Commission Resolution No.
Page 19 of 36
selection shall be harmonious to the character of the project and surrounding
projects.
Minimum Landscape Requirements
o Landscaping shall incorporate current street tree species along Santa
Barbara Drive.
o Landscape shall incorporate the current species of plants within R.O.W. on
Santa Barbara Drive.
o At least ten (10) percent of the project site area shall be landscaped.
o Planting areas adjacent to vehicular activity shall be protected by a
continuous concrete curb or similar permanent barrier.
o Landscaping shall be located so as not to impede vehicular sight distance to
the satisfaction of the City Traffic Engineer.
o All landscape materials and irrigation systems shall be maintained in
accordance with the approved landscape and irrigation plans. All landscaped
areas shall be maintained in a healthy and growing condition and shall
receive regular pruning, fertilizing, mowing and trimming. All landscaped
areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as
part of regular maintenance. The property owner shall execute and record a
restrictive covenant and agreement which grants assurance to the City that
the landscaping and irrigation system is properly maintained in accordance
with the approved plans.
o Landscape planting and irrigation plans and specifications shall be submitted
by the applicant for review and approval by the Building Department or
Planning Department prior to the issuance of a building permit.
Irrigation Guidelines
An irrigation system shall be installed and shall incorporate appropriate locations,
numbers, and types of sprinkler heads and emitters to provide appropriate
amounts of water to all plant materials. Application rates and spray patterns shall
be consistent with the varying watering requirements of different plant groupings.
Irrigation systems and controls shall include technology that minimizes over
watering by either: (a) directly measuring soil moisture levels, plant types, and
soil types and adjusting irrigation accordingly; or, (b) receiving weather
information on a least a daily basis via satellite or similar transmission and
adjusting irrigation accordingly. The irrigation system shall be designed so as to
prevent over - watering and minimize overspray and runoff onto streets, sidewalks,
driveways, buildings, fences, and windows consistent with water conservation
and pollution run -off control objectives.
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City of Newport Beach
Planning Commission Resolution No.
Page 20 of 36
12. Refuse Collection Area
A. All refuse collection areas shall be visually screened from access streets
and adjacent property. Said screening shall form a complete opaque
screen.
B. No refuse collection area shall be permitted between a frontage street and
the building line.
13. Telephone. Gas and Electrical Service
All "on site" gas lines, electrical lines and telephone lines shall be placed
underground. Transformer or terminal equipment shall be visually screened from
view from streets and adjacent properties.
14. Grading
Grading of the development area shall be conducted and undertaken in a
manner both consistent with applicable grading manual, standards and
ordinances of the City of Newport Beach and in accordance with a grading plan
approved by the City of Newport Beach Building Department.
15. Lighting
Lighting of building interior common areas, exteriors and parking ares shall be
developed in accordance with City Standards and shall be designed and
maintained in a manner which minimized impacts on adjacent land uses
including The Colony. Nighttime lighting shall be limited to that necessary for
security. The plans for lighting shall be prepared and signed by a licensed
electrical engineer and shall be subject to review and approval of the City
Planning Director or their designee.
16. Screening
All mechanical appurtenances on building roof tops and utility vaults shall be
screened in a manner meeting the approval of the Director of Planning or their
designee.
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City of Newport Beach
Planning Commission Resolution No.
Page 21 of 36
SECTION II
GENERAL NOTES
1. Water service to the Planned Community District will be provided by the City of
Newport Beach.
2. Sewage disposal service facilities to the Planned Community District will be
provided by Orange County Sanitation District No. 5.
3. Development of the subject property will be undertaken in accordance with the
flood protection policies and requirements of the City of Newport Beach.
4. Grading and erosion control provisions shall be carried out on all areas of the
Planned Community in a manner meeting the approval of the Director of
Community Development.
5. Except as otherwise stated in this Ordinance, the requirements of the Newport
Beach Zoning Ordinance shall apply.
6. The contents of this text notwithstanding, all construction within the boundaries of
this Planned Community District shall comply with all provisions of the City of
Newport Beach's Uniform Building Code and the various mechanical codes
related thereto.
7. All mechanical appurtenances on building roof tops and utility vaults shall be
screened from view in a manner meeting the approval of the Director of
Community Development.
8. Prior to the issuance of grading permits the area shall be examined to determine
the existence and extent of archaeological and paleontological resources in
accordance with the adopted policies of the City of Newport Beach.
21
Figure III — Site Plan
22
City of Newport Beach
Planning Commission Resolution No.
Page 22 of 36
City of Newport Beach
Planning Commission Resolution No.
Page 23 of 36
Exhibit "E"
PROPOSED CHANGE TO THE ZONING MAP FROM APF TO PC
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City of Newport Beach
Planning Commission Resolution No.
Page 24 of 36
Exhibit "F"
CONDITIONS OF APPROVAL
Tentative Parcel Map No. 2005 -014, Tentative Tract Map No. 2004 -004 (16774), Traffic
Study No. 2005 -002 (PA2004 -169)
1. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
2. The development shall be in substantial conformance with the approved plans
dated October 29, 2005.
3. Project approvals 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 approval unless extensions are granted
prior to expiration in accordance with the Subdivision Ordinance and Subdivision
Map Act.
4. The applicant shall obtain a Coastal Development Permit from the California
Coastal Commission prior to the issuance of any building or grading permit for
the project.
5. The applicant shall provide a minimum of 20% of the total units (16 units) for
affordable income households in accordance with Housing Programs 2.2.1 and
2.2.3 of the Newport Beach Housing Element. The applicant shall enter into an
agreement with the City to provide said units, which units may be provided off -
site, at an approved location within the City. These units shall be identified in the
agreement and constructed and completed prior to the issuance of any certificate
of occupancy for the project. The agreement shall be reviewed and approved by
the City Attorney and shall be executed and recorded prior to the recordation of
the final tract map or the issuance of a building or grading permit for the
proposed subdivision.
6. The applicant is required to obtain all applicable permits from the City Building and
Fire Departments. The construction plans must comply with the most recent, City -
adopted version of the California Building Code.
7. The facility shall be designed to meet fire protection requirements and shall be
subject to review and approval by the Newport Beach Building Department.
PLt
City of Newport Beach
Planning Commission Resolution No.
Page 25 of 36
8. 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.
Traffic Engineering
9. All parking stall dimensions shall comply with City's Standard Drawings STD -
805-L-A.
10. The main entry drive with median island shall comply with City Standard STD -
103-L, shall have a 42' minimum outside radius and a maximum planter /median
radius of 7'.
11. Show the locations of any proposed gates /kiosks to the parking areas. A vehicle
turnaround area should be provided prior to gates /kiosk.
12. 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.
13. The entries to both parking areas on Garage Level A shall be modified to
accommodate vehicles entering /exiting and traveling in both directions. Parking
stall dimensions and drive aisle widths shall comply with City Standard STD -805-
L-A. Dead end drive aisles shall be accommodated by a turnaround area and a 5
foot hammerhead. Final plans shall show all ventilation and mechanical
equipment.
14. Project shall provide prominent pavement markings and signage to direct
individuals to parking areas and exits.
15. The sharp 90 degree turns into Garage Level B shall be modified to ease access
into and out of both parking areas. Typical ramps to parking areas terminate into
drive aisle rather than parking stalls. Revise parking /ramp layout as necessary to
ease access to the parking areas (Building 1A & 2A). Parking stall dimensions
and drive aisle widths shall comply with City Standard STD - 805 -L -A. Dead end
drive aisles shall be accommodated by a turnaround area and a 5 foot
hammerhead. Final plans shall show all ventilation and mechanical equipment.
16. The site shall accommodate all deliveries /trash pick up etc. to be handled on -site.
Vehicles shall not be permitted to back out onto Santa Barbara Drive.
17. Project driveway must conform to the City's sight distance standard 110 -L for a
speed of 40 mph. The design shall be reviewed and approved by the City Traffic
Engineer.
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City of Newport Beach
Planning Commission Resolution No.
Page 26 of 36
18. Staging of construction equipment shall not be permitted on the public right -of-
way.
19. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
20. 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.
Fire Department
21. All building shall be provided with fire sprinklers.
22. The applicant shall provide an additional fire hydrant at the north end of the lot,
approximately 300 feet from other hydrants.
23. All elevators accommodating gurneys shall be in accordance with Chapter 30 of
the California Building Code.
24. A Class I standpipe shall be provided in lower level parking area, in addition to
ones provided on site.
25. A fire alarm system with fire control room shall be provided adjacent to the
turnaround.
26. A dedicated recorded fire department access easement adjacent to the north
tower shall be provided.
27. The hydrant adjacent to the North Tower road shall not be obstructed by fencing.
Access gate adjacent to the hydrant with knox box shall be provided.
28. A Fire Department minimum turning radius shall be 20 feet inside, 42 feet
outside. A 40 -foot radius to the face of the rolled curb shall be provided.
29. The applicant shall verify that the proposed easement and Tract Map boundaries
are correctly shown on the submitted Map.
30. Prior to issuance of a Building Permit, the applicant shall submit documentation
that the Southern California Edison Company (SCE) has agreed to the existing
easement abandonment and that SCE will not need to use the existing easement
in the future.
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City of Newport Beach
Planning Commission Resolution No.
Page 27 of 36
Development Services Engineering
31. A Parcel Map and a Tract Map shall be recorded. The Maps shall be prepared
on the California Coordinate System (NAD83). Prior to recordation of the Maps,
the surveyor /engineer preparing the Maps shall submit to the County Surveyor
and the City of Newport Beach a digital - graphic file of said Maps in a manner
described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision
Code and Orange County Subdivision Manual, Subarticle 18. The Maps to be
submitted to the City of Newport Beach shall comply with the City's CADD
Standards. Scanned images will not be accepted.
32. Prior to recordation of the Maps, the surveyor /engineer preparing the Maps shall
tie the boundary of the Maps into the Horizontal Control System established by
the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of
the Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot
Corner unless otherwise approved by the Subdivision Engineer. Monuments
shall be protected in place if installed prior to completion of construction project.
33. If it is desired to record a Map or obtain a building permit prior to completion of
the public improvements, the Applicant will provide the City through the Public
Works Department with either a refundable deposit or
Materials /Labor /Performance bonds to guarantee satisfactory completion of the
required public improvements.
34. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
35. 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.
36. 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.
37. The width of the existing concrete sidewalk fronting the development along Santa
Barbara Drive shall be maintained.
38. The design of the proposed driveway approaches along Santa Barbara Drive
shall provide full ADA accessibility.
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City of Newport Beach
Planning Commission Resolution No.
Page 28 of 36
39. The proposed northerly driveway approach is located too close to the existing
adjacent street light.
40. The construction plans shall show detailed profile of each of the proposed
driveways.
41. The existing street trees and landscaping fronting this Development along Santa
Barbara Drive shall be protected in place, unless otherwise approved by the
General Services Department and the Public Works Department.
42. All new landscaping within the public right -of -way shall be approved by the
General Services Department and the Public Works Department.
43. All above ground facilities, street trees, and shrubbery along the Santa Barbara
Drive frontage shall be located outside the sight distance planes per City
Standard Plan STD - 110 -L.
44. The applicant shall submit detail plans for the on -site drainage system(s) to
demonstrate that it will prevent the underground garage from being flooded
during storm events.
45. In case of underground ejection pump malfunction, the applicant shall provide a
backup system to continue the on -site below -grade sanitary sewer system
function.
46. 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.
47. A construction traffic control plan shall be approved by the City prior to the
issuance of the Encroachment Permit. Said plan shall be wet sealed, signed, and
dated by a California Registered Traffic Engineer.
48. County Sanitation District fees shall be paid prior to issuance of any building
permits.
49. Prior to the issuance of the building permit, Public Works Department plan check
and inspection fee shall be paid.
50. Prior to the issuance of the building permit, Water Capital Improvement fee shall
be paid.
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City of Newport Beach
Planning Commission Resolution No.
Page 29 of 36
51. The City of Newport Beach requires all new development and significant
redevelopment projects to prepare and submit a Water Quality Management Plan
(WQMP) to the City for review and approval. Prior to issuance of grading or
building permits, the project applicant shall have an approved final Project
WQMP.
52. Prior to the issuance of the grading /building permits, the applicant shall prepare a
construction phasing plan and construction delivery plan that includes routing of
large vehicles. The plan shall include a haul route plan for review and approval of
the Public Works Department. Said plan shall specify the routes to be traveled,
times of travel, total number of trucks, number of trucks per hour, time of
operation, and safety /congestion precautions (e.g., signage, flagmen). Large
construction vehicles shall not be permitted to travel narrow streets and alleys as
determined by the Public Works Department. Traffic control and transportation of
equipment and materials shall be conducted in accordance with state and local
requirements.
53. 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.
54. 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.
55. Prior to the issuance of the -grading permit, the applicant shall obtain a NPDES
permit. The applicant shall incorporate storm water pollutant control into erosion
control plans using BMPs to the maximum extent possible. Evidence that proper
clearances have been obtained through the State Water Resources Control
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City of Newport Beach
Planning Commission Resolution No.
Page 30 of 36
Board shall be given to the Building Department prior to issuance of grading
permits.
56. 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.
57. 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.
58. 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 Geotechnical Evaluation" (Petra, 2003), as well as additional
requirements, if any, imposed by the Newport Beach Building Department.
59. Prior to the issuance of a grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the
City Building Official, to demonstrate compliance with local and state water
quality regulations for grading and construction activities. The ESCP shall
identify how all construction materials, wastes, grading or demolition debris, and
stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered,
stored, and secured to prevent transport into local drainages or coastal waters by
wind, rain, tracking, tidal erosion, or dispersion. The ESCP shall also describe
how the applicant will ensure that all Best Management Practices (BMPs) will be
maintained during construction of any future public right -of -ways. A copy of the
current ESCP shall be kept at the project site and be available for City of
Newport Beach review on request.
Mitigation Measures of the Mitigated Negative Declaration
60. Any exposed soil areas shall be watered twice per day during grading activities.
On windy days or when fugitive dust can be observed leaving the project site,
additional applications of water shall be applied to maintain minimum 12 percent
moisture content as defined by SCAQMD Rule 403. Under windy conditions
where velocities are forecast to exceed 25 miles per hour (as ascertained by
phone calls to the SCAQMD), all ground disturbing activities shall be halted until
winds are forecast to abate below this threshold.
61. The proposed Project shall comply with regional rules such as SCAQMD
Rules 402 and 403, which would assist in reducing short-term air pollutant
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City of Newport Beach
Planning Commission Resolution No.
Page 31 of 36
emissions. Rule 403 requires that fugitive dust be controlled with best available
control measures so that the presence of such dust does not remain visible in the
atmosphere beyond the property line of the emission source. Rule 402 requires
dust suppression techniques be implemented to prevent fugitive dust from
creating a nuisance off -site. These dust suppression techniques are summarized
as follows:
a. Portions of the construction site to remain inactive longer than a period of
three months shall be seeded and watered until grass cover is grown or
otherwise stabilized in a manner acceptable to the City.
b. All on -site roads shall be paved as soon as feasible or watered periodically
or chemically stabilized.
c. All material transported off -site shall be either sufficiently watered or
securely covered to prevent excessive amounts of dust.
d. The area disturbed by clearing, grading, earthmoving, or excavation
operations shall be minimized at all times.
62. All vehicles on the construction site shall travel at speeds less than 15 miles per
hour.
63. All material stockpiles subject to wind erosion during construction activities that
will not be utilized within three days shall be covered with plastic, an alternative
cover deemed equivalent to plastic, or sprayed with a nontoxic chemical
stabilizer.
64. Where vehicles leave the construction site and enter adjacent public streets, the
streets shall be swept daily at the end of the work day to remove soil tracked
onto the paved surface. Any visible track -out extending for more than fifty
(50) feet from the access point shall be swept within thirty (30) minutes of
deposition.
65. All diesel - powered vehicles and equipment shall be properly operated and
maintained.
66. All diesel - powered vehicles and gasoline - powered equipment shall be turned off
when not in use for more than five (5) minutes.
67. The construction contractor shall utilize electric or natural gas - powered
equipment instead of gasoline or diesel - powered engines, where feasible.
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City of Newport Beach
Planning Commission Resolution No.
Page 32 of 36
68. As much as possible, the construction contractor shall time the construction
activities 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 necessary.
69. The construction contractor shall support and encourage ridesharing and transit
incentives for the construction crew.
70. The construction contractor shall utilize, as much as possible, pre- coated /natural
colored building materials. Water -based or low VOC coatings shall be used that
comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with
high transfer efficiency, such as the high volume -low pressure (HVLP) paint
applicators with 50 percent efficiency or manual coatings application such as
paint brush hand roller, trowel, spatula, dauber, rag, or a sponge shall be used to
reduce VOC emissions, where practical. Additionally, paint application shall use
lower volatility paint not exceeding 100 grams of ROG per liter.
71. If construction equipment powered by alternative fuel sources (LPG /CNG) is
available at comparable cost, the developer shall specify that such equipment be
used during all construction activities on the proposed Project site.
72. The developer shall require the use of particulate filters on diesel construction
equipment if use of such filters is demonstrated to be cost - competitive for use on
this proposed Project.
73. During demolition and excavation, daily total haul trucks shall travel no more than
a cumulative 2,400 miles per day hauling materials from the site to and from the
dumping site.
74. Prior to commencement of demolition and -grading, 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
while keeping the cumulative miles traveled to below 2,400 miles each day. The
daily haul truck trips shall not exceed 2,400 miles during demolition and
excavation activities.
75. Prior to the issuance of the grading permit, the applicant shall provide written
evidence to the Planning Director that a qualified archaeologist has been
retained to observe grading activities and conduct salvage excavation of
archaeological resources as necessary. The archaeologist shall be present at the
pre - grading conference, shall establish procedures for archaeological resources
surveillance, and shall establish, in cooperation with the applicant, procedures for
temporarily halting or redirecting work to permit the sampling, identification and
evaluation of the artifacts as appropriate. If additional or unexpected
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City of Newport Beach
Planning Commission Resolution No. _
Page 33 of 36
archaeological features are discovered, the archaeologist shall report such
findings to the applicant and to the Planning Department. If the archaeological
resources are found to be significant, the archaeological observer shall
determine appropriate actions, in cooperation with the applicant, for exploration
and /or salvage. These actions, as well as final mitigation and disposition of the
resources, shall be subject to the approval of the Planning Director.
76. Prior to the issuance of the grading permit, the applicant shall
provide written
evidence to the planning director that a qualified paleontologist has been retained
to observe grading activities and conduct salvage fossils as
necessary. The
paleontologist shall be present at the pre - grading conference,
shall establish
procedures for paleontological resource surveillance, and
shall establish
cooperation with the applicant, procedures for temporarily halting or redirecting
work to permit the sampling, identification and evaluation of fossils. If major
paleontological resources are discovered which require long
term baiting or
redirecting of grading, the paleontologist shall report such
findings to the
applicant and to the Planning Department. The paleontologist
shall determine
appropriate actions, in cooperation with the applicant, which
ensure proper
exploration and /or salvage. These actions, as well as final
mitigation and
disposition of the resources, shall be subject to the approval
of the Planning
Director.
77. During construction of the proposed improvements, in accordance with Public
Resources Code 5097.94, if human remains are found, the Orange County
coroner must be notified within 24 hours of the discovery. If the coroner
determines that the remains are not recent, the coroner will notify the Native
American Heritage Commissions in Sacramento to determine the most likely
descendent for the area. The designated Native American representative then
determines, in consultation with the property owner, the disposition of the human
remains.
78. In areas where compacted fill will be required to establish design grades, and in
design cut areas where the depth of the proposed cut does not exceed the
thickness of the existing unsuitable surficial soils, on -site surficial soils shall be
excavated and recompacted to create stable soil conditions and correct poor slope
performance.
79. During grading activities, where cut -to -fill transitions exist following remedial
grading, they shall be eliminated by over - excavating the "cut' portions of the
building pads and replacing the excavated material as properly compacted fill. See
Mitigation Measure 3.6. B of the Mitigation Monitoring and Reporting Program for
further detail and requirement.
33
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City of Newport Beach
Planning Commission Resolution No.
Page 34 of 36
80. During remedial grading and construction of the proposed subterranean parking
areas and associated improvements, temporary excavations with sidewalls
varying up to approximately 13 feet in height may be necessary. Temporary
excavation sidewalls will require sloping back at a ratio of approximately 12:1,
horizontal to vertical. Flatter inclinations may be required locally should excessive
caving be observed during grading. See Mitigation Measure 3.6.0 of the Mitigation
Monitoring and Reporting Program for further detail and requirement.
81. 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.
82. Equipment mufflers for construction equipment shall be used at all times.
83. Idling of construction vehicles and equipment shall be limited to the extent
feasible. Construction vehicles and equipment shall be properly operated and
maintained and shall be turned off when not in use for more than five (5) minutes.
84. 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.
85. Sight distance at the proposed Project accesses shall be reviewed with respect
to City of Newport Beach standards in conjunction with the preparation of final
grading, landscape, and street improvement plans.
86. On -site traffic signing and striping should be implemented in conjunction with
detailed construction plans for the proposed Project.
87. Periodically review of traffic operations in the vicinity of the proposed shall be
made by the Public Works Department to assure that the traffic operations are
satisfactory once the proposed project is constructed.
88. The parking design shall meet all City requirements regarding parking stall width,
parking stall depth, parking aisle grade, and parking aisle- turning radii.
89. Each parking level shall have large numbers on the pillars or walls designating
on which floor level the user has parked. Letters can also be added to designate
what area within a parking level the person has parked.
90. New landscaping shall incorporate drought - tolerant plant materials and drip
irrigation systems, wherever possible.
91. 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
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City of Newport Beach
Planning Commission Resolution No.
Page 35 of 36
and Water Quality Enforcement Division of the City Manager's Office shall visit
the location, investigate, inform resident if possible, leave a note and in some
cases shut -off the water.
92. 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).
93. All leaks shall be investigated by a representative from the Code and Water
Quality Enforcement Division of the City Manager's Office and the applicant shall
complete all required repairs.
94. Water should not be used to clean paved surfaces, such as sidewalks,
driveways, parking areas, etc., except to alleviate immediate safety or sanitation
hazards.
95. Reclaimed water shall be used wherever available, assuming it is economically
feasible.
96. Installation of Ultra -Low Flush Toilets (ULFT) in the residential units.
97. Prior to the issuance of the building permit, the applicant shall submit a
landscape and irrigation plan prepared by a licensed landscape architect. These
plans shall incorporate drought tolerant plantings and water efficient irrigation
practices, and the plans shall be approved by the Planning Department, General
Services Department and Public Works Department. All planting areas shall be
provided with a permanent underground automatic sprinkler irrigation system of a
design suitable for the type and arrangement of the plant materials selected. The
irrigation system shall be adjustable based upon either a signal from a satellite or
an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be
protected by a continuous concrete curb or similar permanent barrier.
Landscaping shall be located so as not to impede vehicular sight distance to the
satisfaction of the Traffic Engineer.
98. All landscape materials and landscaped areas shall be installed and maintained
in accordance with the approved landscape plan. All landscaped areas shall be
maintained in a healthy and growing condition and shall receive regular pruning,
fertilizing, mowing and trimming. All landscaped areas shall be kept free of
weeds and debris. All irrigation systems shall be kept operable, including
adjustments, replacements, repairs, and cleaning as part of regular maintenance.
99. 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.
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City of Newport Beach
Planning Commission Resolution No.
Page 36 of 36
100. 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.
36