HomeMy WebLinkAbout1853 - APPROVE VA, MD, AND NP_KAVIANI PROJECT_3125 BAYSIDE DRIVERESOLUTION NO. 1853
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING VARIANCE NO.
VA2011 -001, MODIFICATION PERMIT NO. MD2011 -010, AND
PARCEL MAP NO. NP2011 -008 FOR THE KAVIANI PROJECT
LOCATED AT 3125 BAYSIDE DRIVE (PA2011 -007)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by NSC Enterprises, with respect to property located at 3125
Bayside Drive, and legally described as CORONA DEL MAR BLK 237, LOTS 25, 27, 29
LYING SWLY OF SWLY LINE OF COUNTY RD requesting approval of a variance,
modification permit, and parcel map.
2. The applicant proposes a variance, in conjunction with construction of a new duplex,
for the following: to exceed the allowed floor area permitted within the R -2 (Two -Unit
Residential) Zoning District within Corona del Mar, to encroach more than 10 percent
into the required 10 -foot rear setback with a portion of the second floor and roof area
of each unit (A and B) and into the 20 -foot front setback with portions of a first floor
balcony (Unit A). A modification permit is also requested to allow the following
encroachments into the 20 -foot front setback that do not exceed 10 percent of the
setback: a first floor balcony (Unit B) and a second floor balcony (Unit A). The request
also includes a parcel map to combine portions of three lots into one lot for two -unit
condominium purposes.
3. The subject property is located within the Two -Unit Residential (R -2) Zoning District and
the General Plan Land Use Element category is Two -Unit Residential (RT).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two -Unit Residential (RT -D).
5. A public hearing was held on August 18, 2011, 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 Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Categorical Exception 15303
This project has been determined to be categorically exempt under the requirements of the
California Environmental Quality Act under Class 3 (New Construction or Conversion of Small
Structures). This exemption includes construction of a two -unit residential dwelling and
Planning Commission Resolution No. 1853
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related accessory structures in a residential zone. This proposed project consists of
demolition of a single -unit dwelling and construction of a two -unit condominium building and
approval of a related parcel map, which would combine portions of three lots into one lot for
condominium purposes.
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.
SECTION 3. REQUIRED FINDINGS.
Variance
In accordance with Section 20.52.090 (Variance) of the Newport Beach Municipal Code, the
following findings and facts in support of such findings are set forth:
Finding:
A. There are special or unique circumstances or conditions applicable to the subject property
(e.g., location, shape, size, surroundings, topography, or other physical features) that do
not apply generally to other properties in the vicinity under an identical zoning
classification;
Facts in Support of Finding:
A -1. Although similar in lot area to the typical property in the vicinity, the property consists
of portions of three underlying lots that have been divided and re- oriented with the
front property line facing Bayside Drive and the rear adjacent to the side yard of the
adjacent property.
A -2. Due to the re- orientation of the three underlying lot portions, the property is subject to
the standard setbacks required by the R -2 (Two -Unit Residential) Zoning District. The
rear lot line no longer abuts an alley and is subject to a required 10 -foot rear setback
rather than a five -foot alley setback. The narrowest property line, previously a rear
abutting a designated alley, is now a side. The front property line is adjacent to
Bayside Drive and is skewed.
A -3. Typical properties in the vicinity are regular in shape and are generally flat. The
subject property is irregular in shape with the front property line skewed. The property
also slopes steeply (approximately 19 percent) from the rear of the property toward the
front adjacent to Bayside Drive.
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A -4. The area adjacent to the westerly side (previously the rear) is a steep concrete
spillway that, although designated an alley, is not improved for use as an alley or
provide vehicular access. Therefore, vehicular access for the subject property is via
Bayside Drive.
Finding:
B. Strict compliance with Zoning code requirements would deprive the subject property of
privileges enjoyed by other properties in the vicinity and under an identical zoning
classification,
Facts in Support of Finding:
B -1. Typical properties in the vicinity are similar in lot area (3,540 square feet) to the
subject property (3,472 square feet), and are, generally, are subject to standard R -2
setbacks. They have an actual FAR of .945, which allows construction of a two -unit
dwelling with 3,348 square feet of total gross floor area.
B -2. The subject property consists of portions of three lots that have been re- oriented to
face Bayside Drive. The property is subject to the standard required setbacks for the
R -2 (Two -Unit Residential) Zoning District, and has a 20 -foot front setback along
Bayside Drive and four -foot side setbacks. The rear of the property is no longer
adjacent to the designated alley area, and is subject to a 10 -foot rear setback rather
than a five -foot alley setback.
B -3. As a result of the re- orientation of the underlying lot portions, the subject property has
an actual FAR of .623, which allows construction of a two -unit dwelling totaling 2,163
gross square feet. Typical lots in the area have an actual FAR of .945, which allows
construction totaling 3,348 square feet.
B -4. Strict compliance with the R -2 (Two -Unit Residential) District setback regulations
would not allow construction of a two -unit dwelling similar in square footage to that
allowed on other properties in the vicinity and same zoning district; and deprives the
subject property of privileges enjoyed by those properties.
B -5. Due to the re- orientation of the subject property to face Bayside Drive, the rear yard
setback is ten feet, rather than the five -foot alley setback of the original underlying lot
configuration. The rear of the subject property abuts the side yard of the neighboring
property and is similar to a side setback, with 13 feet between the two neighboring
dwellings.
B -6. Strict compliance with the R -2 Zoning District setback regulations would not allow the
proposed cantilevered projection (2 feet 6 inches deep by 15 feet long) into the
required 10 -foot rear setback at the second floor, even though the distance between
the neighboring dwelling and the projection would be 7 feet 6 inches.
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B -7. The balcony attached to the front fagade on the westerly side of the project
encroaches more than 10 percent (3 feet 6 inches) into the 20 -foot front setback
because the front property and setback lines are skewed.
B -8. The balcony is an architectural feature that is commonly found attached to residential
properties in the R -2 Zoning District of Corona del Mar area and throughout the City.
B -9. The front - facing balcony and the cantilevered projection in the rear of the subject
property provide additional articulation and architectural interest to the design of the
project and allow the residents /owners to enjoy the front and rear yard areas.
Finding:
C. Granting of the Variance is necessary for the preservation and enjoyment of substantial
property rights of the applicant;
Facts in Support of Finding:
C -1. Granting of the variance requests to exceed the allowed square footage on the
property and to encroach into the 10 -foot rear setback with a cantilevered projection
are necessary to construct a similar size two -unit condominium building allowed on
properties of comparable lot size within the vicinity and the R -2 Zoning District within
Corona del Mar.
C -2. Granting of the variance request to allow a first floor balcony (Unit A) to encroach into
the 20 -foot front setback (3 feet 6 inches) on the front fagade would allow the applicant
enjoyment of the front yard area.
C -3. Granting of the variance requests will preserve the applicant's right to a comparable
size two -unit condominium building with others within the neighborhood and the
enjoyment of the property while minimizing any potential negative effects to
neighboring properties.
Finding:
D. Granting of the Variance will not constitute a grant of special privilege inconsistent with
the limitations on other properties in the vicinity and in the same zoning district;
Facts in Support of Finding:
D -1. Granting the variance requests is necessary to permit a two -unit condominium building
that is comparable in size and design to others on properties of similar size within the
neighborhood, and the R -2 Zoning District within Corona del Mar.
D -2. The encroachment of the balcony on the first floor of Unit A (3 feet 6 inches) into the
20 -foot front setback is a result of the re- orientation of the underlying lot portions.
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Granting the variance request to allow the encroachment will provide additional
architectural interest and useable space at the front of the property.
D -3. The encroachment of the cantilevered projection (2 feet 6 inches by 30 feet) into the
10 -foot rear setback is due to the previous re- orientation of the underlying lots.
Because the rear property line of the subject property abuts the side yard of the
adjacent property, the rear setback is similar to a side (4 feet). Granting the variance
request would allow a 10- foot -6 -inch separation between the two buildings at the
projection area on the second floor and a 13 -foot separation for the remainder of the
project.
Finding:
E. Granting of the Variance will not be detrimental to the harmonious and orderly growth of
the City, or endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of persons residing or working in
the neighborhood; and
Facts in support of Finding
E -1. With the exception of the requested deviations, the two -unit condominium project
complies with the development standards required for the R -2 (Two -Unit Residential)
Zoning District for properties located within Corona del Mar.
E -2. The design of the project follows the skewed front property line and complies with the
design criteria policies of the General Plan and the Zoning Code. No public or private
views will be impacted from the size, design or location of the two -unit condominium
building on the subject property.
E -3. The project has been conditioned to comply with all California Building Code, Public
Works, and Fire Department requirements.
E -4. The design and location of the project as proposed achieves development of the site
within the constraints of the lot orientation, shape, and topography.
Finding:
F. Granting of the Variance will not be in conflict with the intent and purpose of this Section,
this Zoning Code, the General Plan, or any applicable specific plan.
Facts in support of Finding
F-1. The Zoning Code permits approval of variances to resolve practical physical hardships
resulting from the unique orientation, shape, and topographical constraints that exist
on this property. With the exception of the requested deviations, the proposed two -unit
condominium project complies with all other development standards required for the
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R -2 Zoning District within Corona del Mar, and is consistent with the design criteria
policies of the General Plan and the Zoning Code.
Modification Permit
In accordance with Section 20.52.050 (Modification Permits) of the Newport Beach Municipal
Code, the following findings and facts in support of such findings are set forth:
Finding:
G. The requested modification will be compatible with the existing development in the
neighborhood.
Facts in support of Finding
G -1. Balconies are architectural features commonly found attached to residential properties
in the Corona del Mar area and throughout the City.
G -2. The design of the balconies and their location on the front fagade is similar in nature to
balconies found throughout the neighborhood, and provide architectural and visual
interest at the front of the property.
Finding:
H. The granting of the modification is necessary due to the unique physical characteristic(s)
of the property and /or structure, and /or characteristics of the use.
H -1. The subject property consists of portions of three underlying lots which have been
divided and re- oriented with the front facing Bayside Drive. The encroachment of the
balconies into the 20 -foot front setback is due to the irregular shape of the property
and the skewed front property and front setback lines.
Finding:
1. The granting of the modification 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
1 -1. The encroachment of the balconies into the 20 -foot front setback is due to the irregular
shape of the subject property, and the re- orientation of the property and the setbacks,
with the skewed property line becoming the front, facing Bayside Drive.
1 -2. Granting of the modification permit allows the applicant to provide architectural interest
and articulation at the front fagade, and to provide useable space at the front of the
property for the owners /occupants; while constructing a condominium building similar
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in size to other two -unit residential buildings constructed on other properties of similar
lot area in the R -2 Zoning District within Corona del Mar area.
Finding:
J. There are no alternatives to the Modification Permit that could provide similar benefits to
the applicant with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public.
Facts in support of Finding
J -1. The alternatives to this encroachment would be to eliminate the balconies altogether
or move the front walls of the condominium building further toward the rear of the
property, resulting in a reduction of the square footage of the condominium building.
Neither of these alternatives would provide similar benefits to the applicant.
J -2. The balconies attached to the front of the condominium building provide articulation
and architectural interest to the front fagade and allow the owners or occupants of the
condominium units to enjoy outdoor space at the front of the property. They are
designed with wrought iron railings on the front and sides and are open in nature.
J -3. The encroachments of the balconies (second floor of Unit A — 1 foot 3 inches, first floor
Unit B — 2 feet) into the 20 -foot front setback are minor. They will not be detrimental to
the neighborhood or adjacent properties because the balconies face the street and will
not affect any public view from the street or private views from the adjacent properties.
Finding:
K. The granting of the modification would not be detrimental to public health, safety, or
welfare to the occupants of the property, nearby properties, the neighborhood, or the City,
or result in a change in density or intensity that would be inconsistent with the provisions
of this Zoning Code.
Facts in support of Findin
K -1. The balconies will be constructed in compliance with all requirements of the Building
Code and will not be detrimental to the public health, safety, or welfare to the
occupants of the property, nearby properties, the neighborhood, or the City.
K -2. The encroachment of the balconies into the front setback does not result in a change
in density or intensity to the property.
PARCEL MAP
The Planning Commission determined in this case that the proposed parcel map is consistent
with the legislative intent of Title 20 of the Newport Beach Municipal Code and is approved
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based on the following findings per Section 19.12.070 of Title 19 (Su bdivisions) of the
Municipal Code.
Finding:
L. That the proposed map and the design or improvements of the subdivision are consistent
with the General Plan and any applicable specific plan, and with applicable provisions of
the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
L -1. The proposed Parcel Map is for two -unit condominium purposes and to combine
portions of three underlying parcels into one lot. An existing single -unit dwelling on the
property will be demolished and a new two -unit condominium building will be
constructed. The residential density on the site will be increased by one unit. The
proposed subdivision and improvements are consistent with the density allowed within
the R -2 (Two -Unit Residential) Zoning District and the current General Plan Land Use
Designation of RT (Two -Unit Residential). The proposed Parcel Map is consistent with
the provisions of the Subdivision Map Act and the City's Subdivision Code, which
require approval of a parcel map for creation of condominium units and allows a parcel
map to be used to combine portions of three underlying parcels into one lot.
Finding:
M. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
M -1. The subject lot has a slope of less than 20 percent. It is suitable for the development of
two dwelling units per Section 19.68.20.13: (Merger of Contiguous Lots, Exemptions) of
Title 19 (Subdivisions), which states the following:
Lots in R1.5 District. On any site of less than 5,000 square feet which existed prior to
March 10, 1976, a two - family dwelling may be constructed provided that there shall be
not less than 1, 000 square feet of land area for each family unit.
Finding:
N. That the design of the subdivision or the proposed improvements will not 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.
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Facts in Support of Finding:
N -1. This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under Class
15303 (New Construction or Conversion of Small Structures) which consists of
construction and location of limited numbers of new, small facilities or structures such
as a duplex or similar multi - family residential structure, totaling no more than four
dwelling units. The proposed project consists of demolition of a single -unit dwelling
and construction of a two -unit condominium building and approval of a related parcel
map, which would combine portions of three lots into one lot for condominium
purposes.
Finding:
O. 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:
0-1. The proposed Parcel Map is for residential condominium purposes. All construction for
the project will comply with all Building, Public Works, and Fire Codes, which are in
place to prevent serious public health problems. Public improvements will be required
of the developer per Section 19.28.010 of the Municipal Code and Section 66411 of
the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will
be complied with.
Finding
P. 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 easements 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:
P -1. The design of the development will not conflict with any easements acquired by the
public at large for access through or use of property within the proposed development
as there are no public easements located on the property.
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Finding:
Q. 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:
Q -1. The property is not subject to the Williamson Act since the subject property is not
considered an agricultural preserve and is less than 100 acres.
Q -2. The site is located in a residentially zoned area, and the existing and proposed
development on the site is a residential use.
Finding:
R. 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:
R -1. The property is not a "land project" as defined in Section 11000.5 of the California
Business and Professions Code.
R -2. The project is not located within a specific plan area.
Finding:
S. 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:
S -1. The proposed Parcel Map and improvements are subject to Title 24 of the California
Building Code that requires new construction to meet minimum heating and cooling
efficiency standards depending on location and climate. The Newport Beach Building
Department enforces Title 24 compliance through the plan check and inspection
process.
Finding:
T. 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
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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:
T -1. The proposed Parcel Map 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. The residential density on the site will be increased by
one unit, which is consistent with the density allowed within the R -2 Zoning District.
Therefore, the parcel map for condominium purposes will not affect the City in meeting
its regional housing need.
Finding:
U. 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;
U -1. Wastewater discharge into the existing sewer system will increase by one unit on the
site and does not violate Regional Water Quality Control Board (RWQCB)
requirements.
Finding:
V. 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:
V -1. The subject property is located within the Coastal Zone and is consistent with the
newly certified Coastal Land Use Plan.
V -2. Coastal Commission approval is required prior to issuance of building permits and
recordation of the parcel map.
V -3. The subject property does not provide direct access to any beaches, shoreline, coastal
waters, tidelands, coastal parks or trails.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Variance No.
VA2011 -001, Modification Permit No. MD2011 -010, and Parcel Map No. NP2011 -008
subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated
by reference.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF AUGUST, 2011.
AYES: Ameri, Hawkins, Hillgren, Kramer, Myers, Toerge, and Unsworth
NOES: None.
ABSTAIN: None.
ABSENT: None.
BY: J-
Charles Unsworth, C airman
BY:
adl I fin, Secretary
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
IaA1.I'mill 3
The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval. It shall be in substantial
conformance with the approved site plan, floor plans, and building elevations stamped
and dated with the date of this approval. (Except as modified by applicable conditions of
approval)
2. The gross floor area of the project shall not exceed a maximum of 3,425 square feet.
3. Encroachment of the balconies into the 20 -foot front setback shall not exceed the
following: Unit A — first floor— 3 feet 6 inches, second floor— 1 foot 3 inches, Unit B —
first floor — 2 feet. Encroachment of the cantilevered projection into the rear 10 -foot
setback shall not exceed 2 feet 6 inches.
4. Variance Permit No. VA2011 -001 and Modification Permit No. MD2011 -010 shall expire
unless exercised within 24 months from the date of approval as specified in Section
20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
5. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
Prior to the issuance of building permits, approval from the California Coastal
Commission shall be required for the proposed project.
7. Prior to the issuance of building permits, the approved parcel map shall be recorded
with the County of Orange.
Landscaping
8. 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.
9. All new landscape materials and irrigation systems shall be 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
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irrigation systems shall be kept operable, including adjustments, replacements,
repairs, and cleaning as part of regular maintenance.
10. Prior to the final of building permits, the applicant shall schedule an inspection by the
Code and Water Quality Enforcement Division to confirm that all landscaping on the
property and within the public right -of -way (if applicable) was installed in accordance
with the approved plan.
11. Reclaimed water shall be used whenever available, assuming it is economically
feasible.
12. Water leaving the project site due to over - irrigation of landscape shall be minimized. If
an incident such as this is reported, a representative from the Code and Water Quality
Enforcement Division shall visit the location, investigate, inform, and notice the
responsible party, and, as appropriate, cite the responsible party and /or shut off the
irrigation water.
13. Water shall be done during the early morning or evening hours (between 4:00 p.m.
and 9:00 a.m.) to minimize evaporation.
14. All leaks shall be investigated by a representative from the Code and Water Quality
Enforcement Division and the applicant (owner) shall complete all required repairs.
Miscellaneous
15. 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 Kaviani Project including, but not limited to
Variance No. VA2011 -001 and Modification Permit No. MD2011 -010. This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorneys' fees, and other expenses incurred in connection with such
claim, action, causes of action, suit or proceeding whether incurred by applicant, City,
and /or the parties initiating or bringing such proceeding. The applicant shall indemnify
the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing
the indemnification provisions set forth in this condition. The applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
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Fire Department Conditions
16. Automatic fire sprinklers shall be required for all new construction. The sprinkler
system shall be monitored by a UL certified alarm service company.
Building Division Conditions
17. 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.
18. Shoring drawings are required with submittal into plan check unless otherwise
determined by a geotechnical engineer.
Construction
19. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction
activities are not allowed on Sundays or Holidays.
20. Where vehicles leave the construction site and enter adjacent public streets, any
visible track -out extending for more than fifty (50) feet from the access point shall be
swept within thirty (30) minutes of deposition.
21. The construction and equipment staging area shall be located in the least visually
prominent area on the site and shall be properly maintained and /or screened to
minimize potential unsightly conditions.
22. A six- foot -high screen and security fence shall be placed around the construction site
during construction.
23. Construction equipment and materials shall be properly stored on the site when not in
use.
24. The applicant shall comply with the SCAQMD Rule 403 requirements as follows:
Land Clearing /Earth- Moving
a. Exposed pits (i.e., gravel, soil, dirt) with 5 percent or greater silt content shall be
watered twice daily, enclosed, covered, or treated with non -toxic soil stabilizers
according to manufacturers' specifications.
b. All other active sites shall be watered twice daily.
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C. All grading activities shall cease during second stage smog alerts and periods of
high winds (i.e., greater than 25 mph) if soil is being transported to off -site
locations and cannot be controlled by watering.
d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered
or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical
distance between the top of the load and the top of the trailer).
e. 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.
f. All vehicles on the construction site shall travel at speeds less than 15 mph.
g. All diesel - powered vehicles and equipment shall be properly operated and
maintained.
h. All diesel - powered vehicles and gasoline - powered equipment shall be turned off
when not in use for more than 5 minutes.
j. The construction contractor shall utilize electric or natural gas - powered
equipment instead of gasoline or diesel - powered engines, where feasible.
Paved Roads
k. Streets shall be swept hourly if visible soil material has been carried onto
adjacent public paved roads. (See condition No. 34 above.)
m. Construction equipment shall be visually inspected prior to leaving the site and
loose dirt shall be washed off with wheel washers as necessary.
25. The applicant shall employ the following best available control measures ( "BACMs ") to
reduce construction - related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90 -day low -NOx tune -ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
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Off -Site Impacts
• Encourage car pooling for construction workers.
• Limit lane closures to off -peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off -site.
• Sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve 10 percent soil moisture content in the
top six -inch surface layer, subject to review /discretion of the geotechnical
engineer.
Public Works Conditions
26. Prior to issuance of building permits, Public Works Department plan check and
inspection fees shall be paid.
27. Per City records, the water and sewer service for 3135 Bayside Drive may be
encroaching on the subject property. A private easement may be required between
these properties. If the subject property owner does not choose to provide an
easement to keep the existing services, water and sewer services for 3135 Bayside
Drive shall be re- routed at no cost to the City.
PARCEL MAP
A parcel map shall be recorded. The map shall be prepared on the California
coordinate system (NAD83). 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, Sub -
article 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.
2. Prior to recordation of the Parcel 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 Sections 7 -9 -330 and 7 -9 -337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Sub - article
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.
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3. All applicable Public Works Department plan check fees, improvement bonds and
inspection fees shall be paid prior to processing of the map by the Public Works
Department.
4. County Sanitation District fees shall be paid prior to issuance of any building permits, if
required by the Public Works Department or the Building Division.
5. Prior to issuance of building permits, fair share fees for one (1) dwelling unit ($1,633
per new additional dwelling unit) shall be paid in accordance with city Ordinance 94 -19
of the Newport Beach Municipal Code.
6. Prior to recordation of the Parcel Map, a park dedication fee for one dwelling unit
($26,125 per new additional dwelling unit) shall be paid in accordance with Chapter
19.52 of the Newport Beach Municipal Code. This fee shall be paid upon submittal of
the map to the Public Works Department for plan check and deposited into the
appropriate Service Area account as identified in the Recreation and Open Space
Element of the General Plan.
7. Prior to issuance of building permits, an in -lieu housing fee for one dwelling unit
($20,554 per dwelling unit) shall be paid in accordance with Chapter 19.54 of the
Newport Beach Municipal Code. This fee shall be paid upon submittal of the map to
the Public Works Department for plan check and deposited into the Affordable
Housing fund.
8. Coastal Commission approval shall be obtained prior to the recordation of the Parcel
Map.
9. All non - standard improvements shall be removed from the public right -of -way.
10. All improvements shall be constructed as required by City Ordinance and the Public
Works Department.
11. The existing broken and /or otherwise damaged concrete sidewalk panels, concrete
curb and gutter, and driveway approach along the Bayside Avenue frontage shall be
reconstructed.
12. Additional Public Works improvements, including street reconstruction, may be
required at the discretion of the Public Works Inspector.
13. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right -of -way could
be required at the discretion of the Public Works Inspector.
14. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
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15. Arrangements shall be made with the Public Works Department in order to guarantee
satisfactory completion of the public improvements if it is desired to record a parcel
map or obtain a building permit prior to completion of the public improvements.
16. Overhead utilities serving the site shall be undergrounded to the nearest appropriate
pole in accordance with Section 19.28.090 of the Municipal Code, unless it is
determined by the City Engineer that such undergrounding is unreasonable or
impractical.
17. Each dwelling unit shall be connected to its individual water service /meter per STD -
502-L and sewer lateral with cleanout per STD -406 -L unless otherwise approved by
the Public Works Department and Building Division.
18. The water meter and sewer cleanout shall be located within the public- right -of -way. If
installed at a location that will be subjected to vehicular traffic, each water meter and
sewer cleanout shall be installed with a traffic -grade box /frame and cover.
19. Each dwelling unit shall be served with individual gas and electrical service connection
and shall maintain separate meters for the utilities.
20. All improvements shall comply with the City's sight distance requirement. See City
Standard 110 -L.
21. All existing drainage facilities in the public right -of -way shall be retrofitted to comply
with the City's on -site non -storm runoff retention requirements. The Public Works
Inspector shall field verify compliance with this requirement prior to recordation of the
parcel map.
22. All on -site drainage shall comply with the latest City Water Quality requirements.
23. All new drainage facilities in the public right -of -way, specifically along the Bayside
Drive frontage, shall comply with the City's on -site non -storm run -off retention
requirements.
24. Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagmen. Traffic control and transportation of equipment and materials shall be
conducted in accordance with state and local requirements.
25. A shared access for each unit shall be required for ingress and egress to the property.
26. Vehicles shall be required to head out onto Bayside Drive. Backing out onto Bayside
Drive shall not be permitted.
27. A hammerhead area shall be required to accommodate vehicles backing out of
garages of the project.
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28. Two -car parking, including one enclosed garage space and one covered space or in a
garage, shall be provided on site for each dwelling unit per requirements of the Zoning
Code.
29. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport
Beach Municipal Code, approved street numbers or addresses shall be placed on all
new and existing buildings in such a location that is plainly visible and legible from the
street or road fronting the subject property. Said numbers shall be of non - combustible
materials, shall contrast with the background, and shall be either internally or
externally illuminated to be visible at night. Numbers shall be no less than four inches
in height with a one -inch wide stroke. The Planning Division Plan Check designee
shall verify the installation of the approved street number or addresses during the plan
check process for the new or remodeled structure.
33. This Parcel Map shall expire if the map has not been recorded within two years of the
date of approval, unless an extension is granted by the Community Development
Director in accordance with the provisions of Section 19.16 of the Newport Beach
Municipal Code
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