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HomeMy WebLinkAbout1756 - ADOPT MND AND APPROVE NT, MD, UP AND CR_5515 RIVER AVERESOLUTION NO. 1756 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE DECLARATION (SCH NO. 2008 -021075) & APPROVING TENTATIVE TRACT MAP NO. 2007 -001, MODIFICATION PERMIT NO. 2007 -044, USE PERMIT NO. 2007 -011 AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2007 -001 FOR PROPERTY LOCATED AT 5515 RIVER AVENUE (PA 2007 -100). WHEREAS, an application was filed by Seashore Village, LLC requesting approval of Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No. 2007 -011 and Coastal Residential Development Permit No. 2007 -001, with respect to property located at 5515 River Avenue, and legally described as Lot 105 of Tract 3812, to develop 12 detached, single -unit residential structures and 6 detached, two-unit (duplex) residential structures (24 units total). The site is currently developed with a 54 -unit apartment complex that would be demolished to accommodate the proposed development. Project implementation requires the approval of the following applications: 1) Tentative Tract Map No. 2007 -001 to create a 24 -unit condominium subdivision; 2) Modification Permit No. 2007 -044 to allow encroachments into the required front and side yard setback areas and a reduction in the required distance between detached buildings; 3) Use Permit No. 2007 -011 to allow each of the 6 duplex structures to exceed the City's base height limit; and 4) Coastal Residential Development Permit No. 2007 -001 to ensure compliance with Government Code Section 65590 (Mello Act), which regulates the demolition of low and moderate income (affordable) dwelling units in the Coastal Zone; and WHEREAS, a public hearing was held on April 17, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, the Land Use Element of the General Plan sets forth objectives, policies and limitations for development in the City and designates the general distribution and location of land uses and residential and commercial densities. The Land Use Element designates the project site as Multiple -Unit Residential (RM) with a maximum development limit of 51 dwelling units. The RM designation is intended to provide primarily for multi - family residential development containing attached or detached dwelling units. The proposed subdivision is consistent with this designation; and WHEREAS, the proposed subdivision is consistent with Land Use Policy 5.1.9 that requires multi - family dwellings be designed to convey a high quality architectural character. The project has been designed to be compatible with the development Planning Commission Resolution No. Page 2 of 23 pattern and character of the surrounding neighborhood, which generally consists of two - and three -story, single -unit and two -unit dwellings. Each unit will feature either a "Craftsman" or "Plantation" architectural style. Architectural details and enhancements (i.e. batt and board wood siding, louvered window shutters, decorative trim, and stone veneer) will be provided on all building elevations. The 2nd floor facades are setback from the 15t floor on the rear elevations and cantilevered over the 15t floor on the front elevations, providing articulation and modulation to the building mass. The 3`d floor of each building is setback from the front and rear elevations, towards the interior portion of each building envelope, to reduce the visual mass of the structures as viewed from the streets; and WHEREAS, the proposed subdivision is consistent with Land Use Policy 6.2.9 that requires open space and recreational facilities to be integrated into and preserved in private residential development. A majority of the units have been designed with small (approx. 300 sq. ft.) front patio areas, which are comparable in size to the outdoor living areas of the surrounding residential development within the neighborhood. All units are provided useable and functional 2nd level and 3'd level deck spaces (ranging between 48 and 154 sq. ft.). West Newport Park, an active recreational park, is located immediately west of the project site and the beach is located approximately 120 feet south of the site; both the park and the beach will provide additional recreational opportunities. A condition of project approval has been included that prohibits any floor area additions to the approved building envelopes, which will preserve open patio and deck areas proposed for each unit and the common landscaped and open space areas; and WHEREAS, the Housing Element of the General Plan sets forth goals and policies to facilitate the attainment of the City's Regional Housing Needs Allocations and to foster the availability of affordable housing to all income levels to the greatest extent feasible. The demolition of the older, non - conforming, 54 -unit apartment complex and development of 24 condominiums, will result in a total reduction of 30 dwelling units. As discussed in the Population and Housing section of the Initial Study prepared for the project, there are approximately 43,851 housing units in the City, of which approximately 5,462 units are vacant. The rental vacancy rate is estimated at 7.7 percent with approximately 3,337 rental units vacant (American Community Survey 2006). Therefore, the reduction and change in housing type is not considered significant, as there are sufficient existing rental units available to absorb the displaced rental units. Additionally, Housing Program 1.1.3 requires the replacement of housing demolished within the Coastal Zone when housing is, or has been, occupied by low - income or moderate - income households. A total of 6 rental units have been identified to have been occupied by low- income and moderate - income households, which the applicant will be required to replace at an off -site location with restrictions to maintain their affordability for a minimum of 30 years; and WHEREAS, the Coastal Land Use Plan (CLUP) of the Local Coastal Program sets forth goals, objectives, and policies that govern the use of land and water in the coastal Planning Commission Resolution No. Page 3 of 23 zone and addresses land use and development, public access and recreation, and coastal resources protection in accordance with the California Coastal Act. The proposed subdivision is consistent with the CLUP for the following reasons: 1. The subject property is located within an existing developed area of the coastal zone and the proposed project density of 16.1 units per acre is below the maximum density limit of 30 units per acre established for the RH -A designation of the CLUP. 2. Public services and infrastructure are currently available and serve the proposed development (8" sewer and water lines are located in both the Seashore Drive and River Avenue rights -of -way), and all applicable improvements required by Section 19.28 (Subdivision Improvements) of the Subdivision Code are required to be constructed by the applicant. 1 The proposed development has been designed to comply with all applicable Multi - Family Residential (MFR) development regulations of the City's Zoning Code, including density, floor area, open space, and parking, to insure design compatibility with the surrounding neighborhood. Although deviations from the required setbacks and the base height limit are proposed, these deviations will not result in a site plan that is inconsistent with the character and development pattern of the surrounding residential neighborhood. 4. The proposed project will not impact coastal resources nor the ability of the public to reach, use or view the shoreline of coastal waters or inland coastal recreation areas and trails. 5. The project includes 63 parking spaces, which exceeds the minimum parking requirements of the Zoning Code. 6. Gated vehicular access is prohibited, and as a result, the internal roadway will provide unrestricted vehicular access through the project from River Avenue and Neptune Avenue and will not inhibit public access to the beach. 7. The project site is not located near the vicinity of a designated public view point or coastal view road requiring view protection and will not impact any public views or degrade the visual qualities of the coastal zone. WHEREAS, subject property is located within the Multi - Family Residential (MFR) Zoning District . The proposed detached, single -unit and two -unit residential structures are permitted uses within this zoning designation. With the exception of the increased setback encroachments, reduction in the minimum distance between buildings, and building height increase, all of the applicable development regulations of the MFR zoning regulations have been met; and Planning Commission Resolution No. Page 4 of 23 WHEREAS, Section 20.93.030 (Modification Permits) of the Newport Beach Municipal Code requires findings and facts in support of such findings for approval of a modification permit for the encroachments into the required 20 -foot front yard setbacks and 25 -foot side yard setbacks, and deviation from the minimum 10 -foot building separation. Such findings and facts to support such findings are as follows: 1. Finding: The granting of the application 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. Facts in Support of Finding: a. While the MFR District permits the proposed single -unit and two -unit residences, the development setback and building separation standards were intended to apply to larger, multiple -unit buildings, such as the 3 -story, 54 -unit apartment building that exists on -site today. The legislative intent of required setbacks is to ensure adequate light, air, privacy and open space for each dwelling unit. Given that a larger, single structure building would result in more visual and physical massing, a larger setback would be preferred for that development type. b. The applicant has proposed 24 single -unit and two -unit residences designed to appear as if they were situated on individual 30- foot -wide lots and setbacks comparable to surrounding R -1 and R -2 lots. Utilizing the R -1 and R -2 development standards as a guide for determining acceptable setbacks and building separation is appropriate in this case. c. Given that the MFR District permits the proposed detached development, but doesn't provide corresponding development standards, strict application of the Code would result in a physical hardship that is inconsistent with the intent of the Code. 2. Finding: The requested modification will be compatible with the existing development in the neighborhood. Facts in Support of Finding: The proposed project has been designed to appear as if each unit is situated on a 30- foot -wide lot with setbacks comparable to the surrounding R -1 and R -2 lots. Those reductions in the setbacks and building separation to accommodate the smaller detached, residential units arguably results in a site plan that is more compatible and consistent with the historic development pattern of the area rather than a single, larger apartment- complex. The following facts support compatibility of the proposed project with the existing neighborhood: Planning Commission Resolution No. _ Page 5 of 23 a. R -1, R -2, and 30 to 40- foot -wide MFR lots only require 3 to 4 -foot side yard setbacks. The proposed 6 -foot separation between buildings within the project is consistent with the required 3 -foot side yard setbacks of many of the 30 -foot wide lots in the surrounding neighborhood, which results in a total distance of 6 feet between buildings. b. The proposed project is designed to appear as if each unit is situated on a 30- foot -wide lot, the setbacks provided to the east property line are consistent and compatible with the required 3 -foot side yard setbacks of the surrounding 30- foot and 40- foot -wide lots in the neighborhood. The single -unit building fronting Seashore Drive that is proposed to encroach 21 feet into the required side yard setback adjacent to the east property line will maintain a 4 -foot setback. The duplex unit fronting River Avenue that encroaches 17.5 feet into the required side yard setback adjacent to east property line will maintain a 7.5 -foot setback. c. The 6 single -unit structures adjacent to West Newport Park are proposed to encroach 15 feet into the required side yard setback, maintaining a 10 -foot setback to the property line. Due to the orientation of these units, this setback area is equivalent to their front yards and is consistent with the majority of the front yard setbacks in the immediate vicinity of this project that range between 0 and 10 feet. d. The 6 units fronting Seashore Drive are proposed to encroach 10 feet into the required 20 -foot setback, maintaining a 10 -foot setback to the property line. The proposed 10 -foot setback exceeds the required 0 to 5 -foot front yard setbacks that are required on a majority of the properties fronting Seashore Avenue in the immediate vicinity of this project. e. The 6 duplex structures and 1 single -unit structure adjacent to River Avenue are proposed to encroach between 5 and 10 feet into the required 20 -foot setback, maintaining a minimum 10 to 15 -foot setback to the property line. These proposed setbacks are consistent with, or exceed, the required 5 to 10 -foot front yard setbacks that are required on a majority of the other existing properties fronting River Avenue in the immediate vicinity of this project. 3. Finding: The granting of such an 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. Facts in Support of Finding: a. The project has been designed to include setbacks comparable to the setback requirements of the surrounding R -1 and R -2 lots. Similar setback and Planning Commission Resolution No. Page 6 of 23 distancing requirements are common throughout the City and have not proven detrimental. b. To minimize the impact of building heights on the neighboring R -2 properties, a condition of project approval has been included requiring the two structures that encroach into the side yard setback area immediately adjacent to the east property line to incorporate hip roof features. WHEREAS, the site is located in the 28/32 -foot height limitation zone that permits buildings and structures to exceed the 28 -foot height limit up to a maximum of 32 -feet through the approval of a use permit. Ridges of pitched roofs are permitted to exceed the height limit by 5 additional feet. The proposed project exceeds the 28 -foot base height limit. The proposed roof midpoints of the 6 duplex buildings are at 28 feet 10 inches, as measured from the finished pad elevation. The ridges of the buildings are comforming with a height of approximately 31 feet 4 inches measured from the finished pad elevation. Section 20.65.055 of the Zoning Code requires the Planning Commission to make certain mandatory findings in order to approve a use permit to exceed the base height limit. Such findings and facts to support such findings are as follows: 1. Finding: The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, the percentage of ground cover, and the treatment of all setback and open areas. Facts in Support of Finding: a. The 6 duplex units that are proposed to exceed the 28 -foot base height limit have been designed with low- pitched gable roof lines, resulting in a maximum midpoint elevation of 28 feet 10 inches (10 inches over the maximum limit) and a maximum ridge elevation of 31 feet 4 inches (1 foot 8 inches under the maximum ridge limit). b. A conforming roof plan can easily be accomplished by designing a taller structure with longer roof spans, thereby lowering the midpoint below the 28- foot limit. This quirk in the City's method of measuring roof midpoints results in conforming roof midpoints but increases the overall height of the building to the maximum 33 -foot ridge limit. Therefore, the 10 -inch height increase to the midpoint allowance actually results in a 1 -foot 8 inch overall height reduction of the proposed buildings, resulting in increased public visual open space and views than could otherwise be afforded with a conforming roof plan. c. A single, large multiple -unit building that conforms to the minimum setbacks and maximum height could be constructed, which would likely result in a more visually massive and bulky structure. Such a project could result in a 63 percent total maximum lot coverage. The proposed project, with 18 smaller Planning Commission Resolution No. _ Page 7 of 23 detached single -unit and two -unit structures results in a substantially smaller 36 percent lot coverage. This reduction in lot coverage not only increases the public visual open space and view opportunities through the site, but also allows for increased landscaping of the site, which is proposed at 28 percent of the lot (the existing development of the site provides only 14.4 percent landscaping). 2. Finding: The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. Facts in Support of Finding: a. The low- pitched gable roof lines result in building heights that are generally more compatible with the heights and architectural styles of the development in the surrounding neighborhood. b. The design of a conforming roof plan results in increased overall building heights and visual massing as viewed from the street elevation and also results in less desirable architectural treatment of the side elevations, with more drastic roof lines that are less visually appealing. 3. Finding: The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. Facts in Support of Finding: a. The proposed street facing elevations will be scaled down by concentrating the highest portions of the building mass away from the street frontages. Through this design, the front and rear masses of the buildings are minimized and allow more light and ventilation to the immediate neighbors. b. With the exception of the existing R -2 properties to the east, the project site is separated from other uses by River Avenue, Seashore Drive, and the West Newport Park. This separation, in conjunction with the design of the buildings to limit the bulk and mass of the third floor to the center of the lots, eliminates any undesirable or abrupt scale relationships between the project and existing developments. c. A condition of approval has been included to minimize the impact of building heights on the neighboring R -2 properties, requiring the roofs of the two structures that encroach into the side yard setback area, immediately adjacent Planning Commission Resolution No. Page 8 of 23 to the east property line, to slope away from the R -2 properties with use of hip roof features. 4. Finding: The structure shall have no more floor area than could have been achieved without the use permit. Facts in Support of Finding: a. The proposed floor area ratio for the project is 1.23 FAR, which is below the maximum of 1.75 FAR; therefore the project does not achieve any additional floor area due to the additional height. b. The additional allowance in height only affects roof lines and results in an architecturally superior product than would be achieved through a roof design that conforms to the height limit. WHEREAS, the applicant is requesting the approval of a tentative tract map, for condominium purposes, to create 24 airspace condominium units Pursuant to Section 19.12.070 of the City Subdivision Code, certain findings and facts in support of such findings shall be made for approval of a tentative tract map. Such findings and facts to support such findings are as follows: 1. Finding: That the proposed map and the design or improvements of the subdivision are consistent with General Plan and any applicable specific plan, and with the applicable provisions of the Subdivision Map Act and the City Subdivision Code. Facts in Support of Finding: a. The project is consistent with the Multiple Unit Residential General Plan designation of the site. b. The Public Works Department has reviewed the proposed tentative map and believes it is consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. c. Conditions of approval have been included to ensure compliance with Title 19. 2. Finding: That the site is physically suitable for the type and density of development. Planning Commission Resolution No. Page 9 of 23 Facts in Support of Finding: a. The existing site is entirely developed and does not support any environmental resources. The site is relatively flat and based on the geologic investigation performed for the site, no signs of unstable or expansive soils are evident, nor is the site subject to erosion. c. The geologic investigation revealed that the underlying soil of the site has a significant liquefaction potential if subject to heavy vibration; however, mitigation measures have been incorporated, as recommended by the site - specific geotechnical investigation, that will reduce impacts to a less than significant level. d. The site is currently developed with multiple - family dwelling units at a density greater than that proposed. 3. Finding: That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: A Mitigated Negative Declaration has been prepared and concludes that no significant environmental impacts will result with proposed development of the site in accordance with the proposed subdivision map. 4. Finding: That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: a. The project consists of 24 residential units as permitted by the Zoning Code and the General Plan. b. No evidence is known to exist that would indicate that the planned subdivision pattern will generate any serious public health problems. c. All mitigation measures will be implemented as outlined in the Mitigated Negative Declaration to ensure the protection of the public health. Planning Commission Resolution No. Page 10 of 23 5. Finding: That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: a. An easement through the site will be retained by the City to ensure access rights for public emergency and security ingresslegress, public utility purposes, and weekly trash pick -up. b. A 6 -foot sidewalk easement currently exists along the Seashore Drive frontage and the applicant is required to construct full -width sidewalks. c. No other public easements for access through or use of the property have been retained for use by the public at large. d. 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. Finding: That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: The site is not subject to a Williamson Act contract. 7. Finding: That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision - making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: The subject property is not located within the boundaries of a specific plan. Planning Commission Resolution No. Page 11 of 23 8. Finding: That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: a. Title 24 of the Uniform Building Code requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. b. The Newport Beach Building Department will enforce Title 24 compliance through the plan check and field inspection processes for the construction of any future proposed residences. 9. Finding: That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: a. To compensate for the demolition of 6 units currently occupied by persons of lower or moderate income, the applicant will be required to replace the units at an off -site location within the City for a minimum period of 30 years. b. 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. 10.Finding: That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: a. Waste discharge into the existing sewer system will be consistent with the existing residential use of the property and does not violate Regional Water Quality Control Board (RWQCB) requirements. b. Sewer connections have been conditioned to be installed per City Standards, the applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the Uniform Plumbing Code. Planning Commission Resolution No. Page 12 of 23 11. Finding: For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding: a. The project has been designed and conditioned for consistency with the City's Local Coastal Program Land Use Plan. b. The project site is not located adjacent to the shoreline of the Pacific Ocean and is not presently developed with coastal - related uses, coastal- dependent uses or water - oriented recreational uses. WHEREAS, Chapter 20.86 of the Zoning Code (Low and Moderate Income Housing within the Coastal Zone) requires the processing of a coastal residential development permit (CRDP) to ensure compliance with Government Code Section 65590 (commonly known as the 1982 Mellow Act). The Mellow Act prohibits the City from approving the demolition or conversion of existing housing units occupied by low - or moderate - income households located within the Coastal Zone, unless provisions are made for their replacement with new affordable units. If feasible, all or any portion of the replacement units must be located on the site of the demolished structure or elsewhere in the Coastal Zone. If location on -site or within the Coastal Zone is not feasible, the units must be located within three miles of the Coastal Zone's inland boundary; and WHEREAS, based on an income survey performed in June of 2007 by the Las Brisas property manager, Allen Properties, it was determined that a total of 6 units in the existing apartment complex are occupied by low- and moderate - income households. It has been determined to be feasible for the applicant to commit $1.35 million which the applicant will use to provide a minimum of 6 affordable housing units at an off -site location, or locations, for a minimum period of 30 years; and 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 February 21 and March 21, 2008. Comments were received from the Southern California Gas Company, Native American Heritage Commission, Lennie DeCaro, California Department of Transportation, and Department of Toxic Control Substances. The contents of the environmental document, including comments on the document, have been considered in the various decisions on this project; and 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, Planning Commission Resolution No. Page 13 of 23 nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigated Monitoring and Reporting Program are feasible and reduce potential environmental impacts to a less than significant level; and 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; and NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS: 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 adopts Mitigated Negative Declaration SCH No. 2008- 021075, including the Mitigation Monitoring and Reporting Program attached as Exhibit "A ". 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 approves Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No. 2007 -011 & Coastal Residential Development Permit No. 2007 -001, all subject to the Conditions of Approval in Exhibit "B" attached hereto and made hereof. PASSED, APPROVED AND ADOPTED THIS 17'' DAY OF APRIL, 2008. AYES: Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren NOES: None Planning Commission Resolution No. Page 14 of 23 Exhibit "A" SEASHORE VILLAGE RESIDENTIAL PROJECT MITIGATION MONITORING PROGRAM (SCH# 2008021075) CITY OF NEWPORT BEACH 1. The construction contractor for the property During construction City's Project ownerldeveloper shall implement additional dust Manager in control measures during demolition as follows: coordination with • The project contractor shall apply nontoxic the Project Construction chemical dust suppressants (e.g., polymer Contractor emulsion) to buildings being demolished to Contractor reduce fugitive dust from active demolition activities. • The project contractor shall prohibit demolition activities when wind speed exceeds 25 miles per hour. • The project contractor shall install a temporary construction fence and silt barrier around the construction site as shown in the Construction Staging and Water Quality Control Plan submitted to the City of Newport Beach for approval. • The project contractor shall install construction tire wash areas at the entrance to the project site on River Avenue and Neptune Avenue. All construction clean -up shall be done in construction sediment basins. The construction tire wash area shall be installed in accordance with the Construction Staging and Water Quality Control Plan submitted to the City of Newport Beach for approval. The contractor will sweep adjacent streets and roads a minimum of once per week. • Material haul trucks leaving the project site will have their loads either covered or maintain a freeboard distance of two feet from the stacked load to the top of the trailer. Cultural Resources 2. Prior to approval of a grading plan, the property Preconstruction City's Project ownerldeveloper shall submit a letter to the Manager in Planning Department, Planning Division, coordination with showing that a qualified archaeologist has been the Project hired to ensure that the following actions are Construction implemented: Contractor • The archaeologist must be present at the pregrading conference in order to establish Planning Commission Resolution No. Page 15 of 23 Seashore Village Mitigation Monitorina Program Mitigation Measure Phase of Implementation Responsible Monitoring Party Completion Date/Initials procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. • Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. 3. The property owner /developer shall submit a Preconstruction City's Project letter to the Public Works /Engineering Manager in Department, Development Division, and the coordination with Planning Department, Planning Division, the Project showing that a certified paleontologist has been Construction hired to ensure that the following actions are Contractor implemented: • The paleontologist must be present at the pregrading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils. If potentially significant materials are discovered, the paleontologist shall determine appropriate actions in cooperation with the property ownerldeveloper for exploration and /or salvage. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. • Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, Planning Commission Resolution No. Page 16 of 23 Miti ation Monitoring Mitigation Measure Phase of Implementation Responsible Monitoring Party Completion Date/initials grading shall be diverted around the area Manager in until the monitor can survey the area. coordination with A final report detailing the findings and the Project disposition of the specimens shall be Construction submitted. Upon the completion of the Contractor grading, the paleontologist shall notify the City as to when the final report will be submitted. Geoloav and Soils 4. During construction, the construction manager During construction City's Project shall ensure that measures listed in the Manager in geotechnical investigation (EGA Consultants, coordination with 2007) or equivalent measures are implemented the Project to minimize the effects of liquefaction. The Construction measures shall include but are not limited to: Contractor Tie all pad footings with grade beams. • All footings should be a minimum of 24 inches deep, below grade. Continuous footings should be reinforced with two No. 5 rebar (two at the top and two at the bottom). Concrete slabs cast against properly compacted fill materials shall be a minimum of 6 inches thick (actual) and reinforced with No. 4 rebar at 12 inches on center in both directions. The reinforcement shall be supported on chairs to insure positioning of the reinforcement at mid - center in the slab. • Dowel all footings to slabs with No. 4 bars at 24 inches on center. Hazards and Hazardous Materials 5. Prior to demolition activity, a certified and Prior to demolition City's Project licensed asbestos abatement contractor shall Manager in perform any removal of asbestos containing coordination with material (ACM). Also, an industrial hygienist the Project must be present to perform engineering control Construction and regulatory asbestos air monitoring during Contractor any abatement activity. Noise 6. Demolition of the existing asphalt with a During construction City's Project jackhammer within eight feet of the existing Manager in residential structures to the southeast of the site coordination with shall be prohibited. The construction contractor the Project shall utilize alternative asphalt demolition Construction methods such as a concrete saws and other Contractor nonvibratory construction equipment to remove the pavement. Planning Commission Resolution No. _ Page 17 of 23 Exhibit "B" Conditions of Approval Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No. 2007 -011 & Coastal Residential Development Permit No. 2007 -001 (Project- specific conditions are in italics) Planning Department 1. The development shall be in substantial conformance with the plans stamped with the date of this approval, except as modified by other conditions. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. 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. 5. 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. 6. With the exception of the height modifications required per Condition No. 7, the floor plans and building envelopes for each unit are approved as precise plans and future floor area additions to the building envelopes shall be prohibited. The proposed open patio and deck areas for each unit shall not be permitted to be enclosed and the landscape and open space areas proposed throughout the development site shall be preserved. 7. The two structures that encroach into the side yard setback area immediately adjacent to the east property line shall be modified to incorporate design features (hip features) to minimize building height impacts on the adjacent properties. 8. The applicant shall replace at least 6 affordable units within 3 years of the date of issuance of a demolition permit. The units may be provided off -site at an approved location, or locations, within the City. An amount not to exceed $1.35 million shall be provided by the applicant and the applicant shall use such funds to replace at least 6 affordable units and to achieve a mix of income levels and bedroom counts, as determined appropriate by the Planning Director. The applicant shall enter into an agreement with the City to provide said units. The agreement shall be reviewed and Planning Commission Resolution No. Page 18 of 23 approved by the City Attorney and shall be executed and recorded prior to the issuance of a demolition permit for the project. 9. Any very-low and low - income units provided in accordance with Condition No. 8 shall be maintained as rental units for a minimum period of 30 years. Any moderate income units should be provided as `for - sale" units with a covenant maintaining the affordability for a minimum period of 30 years. 10. Gated vehicular access through the site shall be prohibited. 11. 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. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 24 feet in height. 12.The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 13. Prior to the issuance of a building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Department. 14. Prior to issuance of the certificate of occupancy or final of building permits the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare specified in conditions of approval Nos. 12 & 13. 15.All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 16. Trash container storage for the individual units shall be screened from view of neighboring properties and public places, except when placed for pick -up by refuse collection agencies. Trash containers shall not be located within the required parking areas. 17.AII 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 Planning Commission Resolution No. Page 19 of 23 and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 18. Prior to the issuance of a building permits, 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 and the General Services 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. 19. Reclaimed water shall be used whenever available, assuming it is economically feasible. 20. 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 Seashore Village Residential Development Project including, but not limited to, the approval of Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No. 2007 -011 & Coastal Residential Development Permit No. 2007 -001; and /or the City's related California Environmental Quality Act determinations, the certification of the Mitigated Negative Declaration and /or the adoption of a Mitigation Monitoring Program for the project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attomeys' 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. Building Department 21.The applicant shall be responsible for the payment of all applicable City plan check and inspection fees. Planning Commission Resolution No. Page 20 of 23 22.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. 23. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 24. 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 Board shall be given to the Building Department prior to issuance of grading permits. 25. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 26.A list of "good house - keeping" practices will be incorporated into the long -term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In addition, the WQMP must also identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. Fire Department 27. The internal roadway shall be marked as a fire lane, per the direction and approval of the Fire Department. Public Works Department 28. A Final Tract Map (Map) shall be filed with the Public Works Department. Planning Commission Resolution No. Page 21 of 23 29. The Map shall be prepared on the California coordinate system (NAD88). Prior to recordation of the Map, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 30. Prior to recordation of the Map, the surveyor /engineer preparing the Map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 31.All applicable City fees shall be paid prior to the processing of the Map. 32. Construction surety in a form acceptable to the City, guaranteeing the completion of the various required public improvements, shall be submitted to the Public Works Department prior to issuance of the Public Works Department approval of building plans. 33. Easements for weekly trash pick -up by City crews shall be dedicated as part of the Map. 34. Easements for public emergency and security ingresslegress, and public utility purposes on private streets shall be provided to the City. 35.All improvements shall be constructed as required by Ordinance and the Public Works Department. 36. A new full -width sidewalk shall be constructed within the limits of the existing Utilities and Sidewalk easements along Seashore Drive fronting the project site. Existing City street trees shall be removed to accommodate the sidewalk construction. 37. New City - designated street trees shall be planted along the River Avenue frontage. All street trees shall be planted per City Standards and guidelines provided by the City General Services Department. 38. All existing drainage facilities in the public right -of -way shall be retrofitted to comply with the City's on -site non -stone runoff retention requirements. 39. On-site runoff shall be retained on -site. Planning Commission Resolution No. _ Page 22 of 23 40. Private storm drain piping shall not connect directly to the City's storm drain catch basin. 41.All on -site utilities shall be owned, operated, and maintained by the community /association. 42.Each unit shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout in the vehicular traveled -way shall be installed with a traffic -grade box and cover. 43. Individual water services per City Standards shall be provided in lieu of manifolds. 44. All on -site parking, vehicular and pedestrian circulation systems shall be reviewed by the City Traffic Engineer. 45. The parking layout shall be in conformance with City Standard 805 -L -A and 805 -L -B. 46. An ADA compliant public pedestrian pathway, from River Avenue to Seashore Drive, shall be provided through the development site. 47. The vehicular pathways shall be designed to support a fully loaded large trash truck. 48.Adequate turning radii and width shall be provided for large trash truck travel paths. 49.All improvements (including, but not limited to, the landscaping in the parking lot area and ingress /egress points to the development site) shall comply with the City's sight distance requirement (City Standard 110 -L). 50.All abandoned driveway approaches shall be removed per City Standard 165 -L. 51.All new driveway approaches shall comply with Council Policy L -2 and constructed per City Standards. 52. Reconstruct any existing broken /damaged sidewalk, curb and gutter fronting the development per City Standards. 53. No permanent structures can be built within the limits of the Utilities and Sidewalk easement. 54. The construction work cannot impact the free flow of pedestrian and vehicular traffic between Memorial Day and Labor Day. The staging and parking of all construction - related equipment and vehicles shall take place on -site, and NOT in the public right - of -way or City property. 55. All utility service connections serving this development shall be made underground. Planning Commission Resolution No. Page 23 of 23 56. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way may be required at the discretion of the Public Works Inspector. 57.The streets surrounding the project site is on the City's street/alley -cut Moratorium List. Any damage done to said roadways by the project will require substantial pavement repair work to be fully paid for by the Developer. 58.An encroachment permit is required for all work activities within the public right -of- way. 59. An encroachment agreement shall be applied for and approved by the Public Works Department for all non - standard private improvements within the public right -of -way. 60. The intersection of the internal roadways with River Avenue shall be designed to provide adequate sight distance per City of Newport Beach Standard Drawing STD - 110 -L. Slopes, landscaping, walls, signs and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height and the monument identification sign must be located outside the line of sight cone. The sight distance may be modified at non- critical locations, subject to approval by the Traffic Engineer. 61. The internal roadway shall be a minimum of 26 feet wide, unless otherwise approved by the Traffic Engineer. The internal roadway shall align with Neptune Avenue. The internal roadway curb cut on River Avenue shall be 26 feet wide minimum and modified to comply with current ADA standards. 62. Guest parking stalls shall be 8.5 feet by 17 feet minimum. Parking stalls adjacent to walls or other obstructions shall be 9- foot -wide minimum. 63.0n -site parking, vehicular circulation and pedestrian circulation system shall be subject to further review by the City Traffic Engineer. 64. The California Vehicle Code shall be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. Mitigation Measures 65. The applicant shall comply with all mitigation measures and standard conditions contained within the approved Mitigation Monitoring and Reporting Program of the adopted Mitigated Negative Declaration (SCH No. 2008 - 021075) for the project.