HomeMy WebLinkAbout1861 - RECOMMEND ADOPTION OF MND AND APPROVAL PCDP, TRANSFER OF NT, SD, LIMITED TERM PERMIT XP2011-004, AND DA, FOR THE NBCC_1600 & 1602 EAST COAST HIGHWAYRESOLUTION NO. 1861
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING ADOPTION OF
A MITIGATED NEGATIVE DECLARATION NO. 2010 -008 AND
APPROVAL OF PLANNED COMMUNITY DEVELOPMENT PLAN
ADOPTION NO. PC2005 -002, TRANSFER OF DEVELOPMENT
INTENSITY NO. 2010 -003, VESTING TENTATIVE MAP NO. 2005-
003, SITE DEVELOPMENT PERMIT NO. SD2011 -002, LIMITED
TERM PERMIT NO. 2011 -004, AND DEVELOPMENT
AGREEMENT NO. 2008 -001, FOR THE NEWPORT BEACH
COUNTRY CLUB PROPERTY LOCATED AT 1600 & 1602 EAST
COAST HIGHWAY (PA2005 -140)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Golf Realty Fund, with respect to property located at 1600 &
1602 East Coast Highway, and legally described as Parcels 1 and 3 of Parcel Map No.
79 -704 and a Portion of Back Bay Drive as Shown on Parcel Map No. 79 -704, requesting
an approval to redevelop the existing private golf course and tennis club of the Newport
Beach Country Club. The following applications are requested or required in order to
implement the project as proposed:
a. A Planned Community Development Plan adoption to provide development
standards and design guidelines for the golf course and tennis club and their
ancillary uses, pursuant to Chapter 20.63 of the Municipal Code.
b. Transfer of Development Rights to transfer 27 hotel units from Anomaly No. 43
(Newport Beach Marriott Hotel and Spa site) to Anomaly No. 46 (the Tennis
Club site), pursuant to General Plan Land Use Policies LU4.3 and LU6.14.3.
C. A Site Development Permit to allow the construction of 35,000 square -foot golf
clubhouse and parking lot, twenty -seven (27) hotel units with a 2,170 square -
foot concierge and guest meeting facility and a 7,490 square -foot spa /fitness
center, five (5) single -unit residential dwellings, a 3,725 square -foot tennis
clubhouse, and one lighted stadium - center tennis court, pursuant to the Section
4.3 of the Newport Beach Country Planned Community Development Plan.
d. A Vesting Tentative Tract Map to create separate lots for five (5) single -unit
residential dwellings, twenty (27) hotel units, lettered lots for common areas and
a private street, pursuant to Title 19 of the Municipal Code.
e. A Limited Term Permit (Temporary Structures and Uses) to allow temporary use
of structures during construction pursuant to Section 20.60.015 of the Municipal
Code.
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f. A Development Agreement pursuant to Section 15.45.020.A.2.c of the
Municipal Code which requires a development agreement as the project
includes a zoning code amendment and new non - residential development in
Statistical Area L1 (Newport Center /Fashion Island) and General Plan Land
Use Policy LU6.14.8 which requires a development agreement since the
proposed project is a mixed -use development project and the proposed five (5)
single - family units will be drawn from the 450 residential units allocated for the
Newport Center /Fashion Island.
2. The application was deemed complete on November 5, 2009; and pursuant to Ordinance
No. 2010 -21, the application is being considered and evaluated pursuant to the Zoning
Code in effect prior to November 25, 2010.
3. The subject property is designed by the General Plan Land Use Element category of
Parks and Recreation (PR) for the Golf Club site and Mixed Use Horizontal 3 /Park and
Recreation (MU- H3 /PR) for the Tennis Club site. The project site is zoned Planned
Community (PC -47) Zoning District.
4. The subject property is located within the coastal zone and has the Coastal Land Use
Plan designates the site Parks and Recreation (PR) for the Golf Club site and Mixed Use
Horizontal 3 /Park and Recreation (MU- H3 /PR) for the Tennis Club site.
5. Public hearings were held on August 4, 2011, October 20, 2011, and November 17,
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 hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K -3.
2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment period
beginning on September 20, 2010, and ending on October 19, 2010. The contents of
the environmental document and comments on the document were considered by the
Planning Commission in its review of the proposed project.
3. An Errata has been prepared which clarifies and augments data in the document in
responses to comments, and supports the conclusions reached in the draft MND.
Consistent with CEQA Guidelines section 15073.5(c), recirculation of the MND is not
required when new information is added to the MND which merely clarifies, amplifies,
or makes insignificant modifications to the MND.
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4. On the basis of the entire environmental review record, the proposed project, with
mitigation measures, will have a less than significant impact upon the environment and
there are no known substantial adverse affects on human beings that would be
caused. Additionally, there are no long -term environmental goals that would be
compromised by the project, nor cumulative impacts anticipated in connection with the
project. The mitigation measures identified and incorporated in the Mitigation
Monitoring and Reporting Program are feasible and will reduce the potential
environmental impacts to less than significant levels.
5. 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. FINDINGS.
1. The proposed project is consistent with the General Plan and Coastal Land Use Plan
as follows:
a. The project site is located within Newport Center /Fashion Island. The Land Use
Element of the General Plan designates the golf club site Parks and Recreation
(PR) and the tennis club site Mixed Use Horizontal 3 /Park and Recreation (MU-
H3/PR).
The PR designation allows active public or private recreational uses including
parks (both active and passive), golf courses, marina support facilities, aquatic
facilities, tennis clubs and courts, private recreation, and similar facilities.
The MU -H3 /PR designation on the Tennis Club site provides for the horizontal
intermixing of regional commercial office, hotel, single - family and multi - family
residential and ancillary commercial uses.
b. The General Plan limits total development at th e Golf Club site to 35,000
square feet (Anomaly No. 74) and 3,725 square feet and 24 tennis courts at the
Tennis Club site (Anomaly No. 46). Residential is also permitted in Anomaly No.
46, in accordance with MU -3 /PR designation. The proposed new golf clubhouse
is consistent with the General Plan development limit of 35,000 square feet.
The existing 3,725 square -foot tennis clubhouse will be replaced with a new
tennis clubhouse of same the square footage established for Anomaly No. 46.
The five (5) single -unit dwellings will be drawn from the maximum 450 dwelling
units that are allowed in the Newport Center /Fashion Island Statistical Area
(there are unallocated 20 units remaining at this time).
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d. In order to accommodate the development of the proposed 27 hotel -unit
development (bungalows), the 17 tennis courts shall be converted to 27 hotel
units. The General Plan provides for additional retail opportunities at Fashion
Island and hotel rooms and housing units in Newport Center and the proposed
conversion does not require a general plan amendment. The proposed
conversion revitalizes an area wherein the General Plan encourages hotel
development.
e. The Coastal Land Use Plan designates the Golf Club portion of the project site
as Parks and Recreation (PR), and the Tennis Club portion of the project site is
designated as Mixed Use Horizontal 3 /Park and Recreation (MU- H3 /PR). The
MU -H3 /PR designation recognizes the private recreational tennis courts and the
potential development of short-term rental visitor accommodations and single -
family residential units. Policy 2.1.8 -1 allows the horizontal intermixing of short-
term rental units and single - family homes with the expanded tennis club
facilities. Permitted uses include those permitted by the MU -H3 and PR
categories. MU -H3 allows horizontally distributed mix of uses, which may
include general or neighborhood commercial, commercial offices, multi - family
residential, visitor - serving and marine - related uses, and /or buildings that
vertically integrate residential with commercial uses. PR category allows active
public or private recreational use including parks (both active and passive), golf
courses, marina support facilities, aquatic facilities, tennis clubs and courts,
private recreation, and similar facilities. The adoption of planned community
district development plan (PCDP) will ensure building design and siting
regulations will protect coastal resources, including protection of views, and
public access through height, setback, floor area, lot coverage, building bulk,
and improved pedestrian access in accordance with Policy 2.2.2 -4. The
proposed project will provide visitor - serving and recreational facilities as
required in Policy 2.3.2 -2. The proposed redevelopment of the project site is
therefore consistent with the Coastal Land Use designations.
f. The subject property has a zoning designation of Planned Community (PC -47).
This PC zoning designation was adopted in 1997 by Ordinance 97 -10, as a part
of the City -wide amendment to the districting maps, in order to be consistent
with the 1988 General Plan Land Use Element and Zoning Code. The City later
assigned the PC with a number of 47 for tracking purposes. A Planned
Community Development Plan (development regulations), was not adopted
when the PC District zoning designation was assigned to the subject property.
The Tennis Club is governed separately by Use Permit No. 1492 and its'
subsequent amendments, which is typical when a PC does not have
development standards. No use permit was issued on the Golf Club site.
g. The applicant proposes a PCDP to provide use regulations, density, and
intensity of the proposed uses and very specific development regulations
(building height, square footage, setbacks, and parking standard) for each use,
including architectural styling and a complete internal vehicular and pedestrian
circulation system for both the Golf Club and Tennis Club sites. Because the
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proposed PCDP contains detail and design regulations that are too specific and
provide inflexible standards that are inappropriate for the project implementation
and long -term administration, an alternative PCDP has been prepared.
h. The alternative PCDP contains necessary development regulations to
accommodate the Golf Club and Tennis Club sites as a single, cohesive and
comprehensive large -scale planned development. The alternative PCDP also
provides a requirement that a site development review process be completed
for construction of any new major building structure (i.e. clubhouse, residential
dwelling unit, hotel unit, spa facility, etc.), and would require consideration and
approval by the Planning Commission prior to the issuance of grading or
building permit to ensure new development proposals within the PCDP are
consistent with the goals and policies of the General Plan and the standards set
for in the adopted PCDP.
2. Tennis Courts Conversion.
Finding:
A. The conversion will not result in any adverse traffic impacts.
Facts in Support of Finding:
A -1. The twenty -seven hotel units generate 15 A.M., 16 P.M. and 221 average daily trips
based upon Institute of Traffic Engineers (ITE) Trip Generation Rates (7th Edition).
This increase in traffic is entirely off -set by the traffic associated with the elimination of
17 tennis courts (22 A.M, 56 P.M and 658 average daily trips based upon ITE Trip
Generation Rates). As a result, traffic generated by the proposed project would
decrease by 389 daily trips, 3 A.M. trips, and 35 P.M. trips.
A -2 The design regulations for the hotel rooms set forth in the Planned Community
Development Plan will ensure that the proposed hotel use and the physical
improvements for the hotel rooms will not lend themselves to conversion to higher
traffic - generating uses.
3. Site Development Review — The applicant proposes a Site Development Review to
allow the redevelopment of the existing golf clubhouse and tennis club, pursuant to the
Section 4.3 of the PCDP.
Finding:
A. The Site Development Plan shall be in compliance with all other provisions of the
Newport Beach Country Club Planned Community Development Plan.
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Facts in Support of Finding:
A -1. A site development review application has been submitted in accordance to Section
4.0 of the draft PCDP. The portion of the application that applies to the 12 -acre tennis
club site meets the intent specified in Section 20.52.080 (Site Development Review) of
the Municipal Code as the portion of the site based upon the plans provides a
coordinated and comprehensive project and will result in a superior built environment
thereby creating an amenity for the community. The 133 -acre Golf Club site has been
reserved for future consideration.
Finding:
B. The Site Development Plan shall be compatible with the character of the neighboring
uses and surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City.
Facts in Support of Finding:
B -1. The portion of the application that applies to the 12 -acre tennis club site includes
California Coastal architecture, landscaping components, circulation design, all other
project components reflected in the site development review application for the
development of the tennis club site are compatible with the character of the
neighboring uses and surrounding sites. As a result, the proposed development for the
tennis club site is not detrimental to the orderly and harmonious development of the
surroundings and the City. The 133 -acre Golf Club site has been reserved for future
consideration.
Finding:
C. The Site Development Plan shall be sited and designed to maximize of aesthetic
quality of the Newport Beach Country Club Planned Community Development Plan as viewed
from surrounding roadways and properties, with special consideration given to the mass and
bulk of buildings and the streetscape on East Coast Highway.
Facts in Support of Finding:
C -1. The portion of the application that applies to the 12 -acre tennis club site provides one
and two story building masses that are carefully sited and represent a comprehensive
and coordinated plan. The size, mass and location of structures, the architectural
detailing, landscaping, circulation, and signage maximize the aesthetic quality of the
project. The proposed villas and bungalows are located over 300 feet from East Coast
Highway and adequate landscaping and open space separate the proposed
development from East Coast Highway. The 133 -acre Golf Club site has been
reserved for future consideration.
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Finding:
D. Site plan and layout of buildings, parking areas, pedestrian and vehicular access
ways, landscaping and other site features shall give proper consideration to functional
aspects of site development.
Facts in Support of Finding:
D -1. The site plan proposed for the tennis club site and layout of its buildings, parking
areas, pedestrian and vehicular access ways, landscaping, and other site features
maximize the functionality of the proposed uses, while avoiding conflicts between uses
and activities. The villas, bungalows, tennis club, and each of their related amenities
have been carefully designed and sited to function cohesively not only with each other,
but also with the existing adjacent golf club uses. The 133 -acre Golf Club site has
been reserved for future consideration.
4. Vesting Tentative Tract Map. The applicant proposes a vesting tentative tract map on
the Tennis Club site to create separate lots for the five (5) single -unit residential
dwellings, twenty -seven (27) hotel units, the tennis club facility, their common open
space areas and a private street to support the propose uses. In accordance with Section
19.12.070 of the Newport Beach Municipal Code, and the following finding and facts in
support of such findings are set forth:
Findings
A. 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:
A -1. The project is consistent with the Parks and Recreation designation for the golf club
site and Mixed Use Horizontal 3 /Park and Recreation (MU- H3 /PR) designation for the
tennis club site.
A -2. The Public Works Department has reviewed the proposed tentative map and finds it is
consistent with the Newport Beach Subdivision Code (Title 19) and applicable
requirements of the Subdivision Map Act.
A -3. Conditions of approval have been included to ensure compliance with Title 19.
Finding:
B. That the site is physically suitable for the type and density of development.
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Facts in Support of Finding:
B -1. The existing site is entirely developed and does not support any environmental
resources. The project site is adequate in size to accommodate the proposed
development. There are no topographic /geologic constraints.
B -2. The subject site is located in Newport Center /Fashion Island and currently improved
with a private golf course (Newport Beach Country Club) and a private tennis club
(former Balboa Bay Racquet Club). Given its location which is adjacent to the Fashion
Island mixed -use of retail, office, and residential development and major road
intersections, this site is ideal for the development of recreation and mixed use
development as allowed by the General Plan Land Use Element.
Findings
C. 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.
Facts in Support of Finding:
C -1. A Mitigated Negative Declaration has been prepared and supports a finding that no
significant environmental impacts will result with proposed development of the site in
accordance with the proposed subdivision map.
Finding:
D. 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:
D -1. The proposed Tract Map is for the subdivision parcels in order to accommodate the
development of the tennis club and courts, five (5) single -unit residential dwellings,
and twenty -seven (27) hotel units on the tennis club site. 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.
D -2. All mitigation measures will be implemented as outlined in the Mitigated Negative
Declaration to ensure the protection of the public health.
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D -3. No evidence is known to exist that would indicate that the planned subdivision pattern will
generate any serious public health problems.
Finding:
E. 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 Findin
E -1. No other public easements for access through or use of the property have been
retained for use by the public at large.
Finding:
F. 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:
F -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.
Finding:
G. 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:
G -1. The property is not a "land project' as defined in Section 11000.5 of the California
Business and Professions Code.
G -2. The project is not located within a specific plan area
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Finding:
H. 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:
H -1. The proposed Tract 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
Division enforces Title 24 compliance through the plan check and inspection process.
Finding:
I. 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:
1 -1. The proposed Tract Map does not involve the elimination of residential units and
therefore will not affect the City's ability to meet it's share of housing needs.
Finding:
J. 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:
J -1. Waste discharge into the existing sewer system will be consistent with the existing
commercial use of the property and does not violate Regional Water Quality Control
Board (RWQCB) requirements.
J -2. 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.
Finding:
K. 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.
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Facts in Support of Finding:
K -1. The subject property is located in the Coastal Zone and is not located in proximity to
nor provides public access to any beaches, shoreline, coastal waters, tidelands,
coastal parks or trails. The existing recreational uses (golf course and tennis club) are
private and the elimination of 17 tennis courts does not impact use of public
recreational opportunities.
5. Development Agreement — According to General Plan Land Use Element Policy
LU6.14.8, a development agreement is required since the proposed project is a mixed -
use development project and the proposed five (5) single - family units will be drawn
from the 450 residential units allocated for the Newport Center /Fashion Island.
Furthermore, Municipal Code Section 15.45.020.A.2.c (Development Agreement
Required) requires a development agreement as the project includes a zoning code
amendment and new non - residential development in Statistical Area L1 (Newport
Center /Fashion Island). The development agreement includes all the mandatory
elements for consideration and includes public benefits that are appropriate to support
conveying the vested development rights.
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SECTION 4. DECISION.
1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of
the whole record, that there is no substantial evidence that the project will have a
significant effect on the environment and that the Mitigated Negative Declaration reflects
the Planning Commission's independent judgment and analysis. The Planning
Commission hereby recommends that the City Council adopt Mitigated Negative
Declaration, 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.
2. 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.
3. The Planning Commission of the City of Newport Beach does hereby recommend that
the City Council adopt Planned Community Development Plan No. PC2005 -002 for the
entire 145 -acre project site, as depicted in Exhibit "B" attached hereto and incorporated
by reference.
4. The Planning Commission of the City of Newport Beach does hereby recommend that
the City Council approve Site Development Review No. SD2011 -002 for the
improvements to the tennis site only (twenty -seven (27) hotel units with a 2,170
square -foot concierge and guest meeting facility and a 7,490 square -foot spa /fitness
center, five (5) single -unit residential dwellings, a 3,725 square -foot tennis clubhouse,
and one lighted stadium - center tennis court) as the 133 -acre Golf Club site has been
reserved for future consideration, Vesting Tentative Tract Map NT2005 -003, and
Limited Term Permit No. XP2011 -004 f or the temporary modular buildings to be
located on tennis site only, subject to the conditions set forth in Exhibit "C ", which is
attached hereto and incorporated by reference.
6. The Planning Commission of the City of Newport Beach does hereby recommend that
the City Council approve Development Agreement No. DA2008 -001 as attached as
Exhibit "D"
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PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF NOVEMBER, 2011.
AYES: Hillgren, Kramer, and Toerge
NOES: Ameri and Hawkins
ABSTAIN: Myers
ABSENT: None.
m
in
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Planning Commission Resolution No. 1861
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Iw /:11:lk v-lm
MITIGATION MONITORING AND REPORTING PROGRAM
(All references to the golf course or golf clubhouse are reserved for future consideration)
sa
PDF/
Mitigation Measure
Method of
Timing of
Applicable
Responsibility
MM
Verification
Implementation
Phases)
No.
Aesthetics
Prior to the issuance of building permits, the applicant
shall prepare a photometric study in conjunction with a
final lighting plan for approval by the Planning Division.
Tennis
The site shall not be excessively illuminated based on
Club Site:
the luminance recommendations of the Illuminating
Approval of
Prior to
Phase 2
SC -1
Engineering Society of North America, or, if in the
photometric
issuance of
Planning
opinion of the Planning Director, the illumination creates
study
building permit
Golf Club
Division
an unacceptable negative impact on surrounding land
Site:
uses or environmental resources. The Planning
Phase 3
Director may order the dimming of light sources or other
remediation upon finding that the site is excessively
illuminated.
Agricultural and Forest Resources
No significant impacts are anticipated and no mitigation measures are required.
Air Quality
Adherence to SCAQMD Rule 402, which prohibits air
Tennis
contaminants or other materials that cause injury,
Club Site:
detriment, nuisance or annoyance to any considerable
Periodic
During
Phases 1 -4
Community
SC -2
number of persons or to the public, or which endanger
monitoring
construction
Development
the comfort, repose, health, or safety of any such
during
activities
Golf Club
Department
persons or the public, or which cause, or have a natural
construction
Site:
tendency to cause injury or damage to business or
Phases 1 -4
property to be emitted within the SoCAB.
Tennis
Club Site:
Periodic
Phases 1 -4
Adherence to SCAQMD Rule 403, which sets
During
Community
SC -3
requirements for dust control associated with grading
monitoring
construction
Development
and construction activities.
during
activities
Golf Club
Department
construction
Site:
Phases 1 -4
Tennis
Club Site:
Adherence to SCAQMD Rules 431.1 and 431.2, which
Periodic
During
Phases 1 -4
Community
SC -4
require the use of low sulfur fuel for stationary
monitoring
construction
Development
construction equipment,
during
activities
Golf Club
Department
Site:
construction
Phases1 -4
Tennis
Club Site:
Periodic
During
Phases 1 -4
Community
SC -5
Adherence to SCAQMD Rule 1108, which sets
monitoring
construction
Development
limitations on ROG content in asphalt.
during
activities
Golf Club
Department
Site:
construction
Phases 1 -4
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SC/
PDF/
Mitigation Measure
Method of
Timing of
Applicable
Responsibility
MM
Verification
Implementation
Phase(s)
No.
_
Tennis
Club Site:
Phases 2 -4
Periodic
During
Community
SC -6
Adherence to SCAQMD Rule 1113, which sets
monitoring
construction
Development
limitations on ROG content in architectural coatings.
during
activities
Golf Club
Department
Site:
construction
Phases 2 -4
Submit
Tennis
Adherence to Title 24 energy - efficient design
evidence of
Club Site:
requirements as well as the provision of window
compliance
Prior to
Phases 2 -4
Building
SC -7
glazing, wall insulation, and efficient ventilation methods
during
issuance of
Golf Club
Division
in accordance with the requirements of the Uniform
building plan
building permits
Site:
Building Code.
check
Phases 3 -4
process
Biological Resources
No significant impacts to biologic I resources are anticipated; no mitigation measures are required.
Cultural Resources
A qualified archaeological /paleontological monitor shall
be retained by the project applicant who will be present
during the grading and landform alteration phase. In
the event that cultural resources and /or fossils are
encountered during construction activities, ground -
disturbing excavations in the vicinity of the discovery
Tennis
shall be redirected or halted by the monitor until the find
Submit proof
Club Site:
has been salvaged. The area surrounding any cultural
of qualified
Prior to
Phase 2
SC -8
materials or fossils encountered during grading shall
archaeologic
issuance of
Planning
also be investigated to determine the extent of the site.
al/
Division
Any artifacts and /or fossils discovered during project
paleonlologi
grading permit
Golf Club
Site:
construction shall be prepared to a point of identification
cal monitor
and stabilized for long -term storage. Any discovery,
Phase 1
along with supporting documentation and an itemized
catalogue, shall be accessioned into the collections of a
suitable repository. Curalion costs to accession any
collections shall be the responsibility of the project
applicant.
Tennis
The City hall
y provide an opportunity for a Native
Club Site:
American representative to monitor excavation activities.
Submit proof
Prior to
Phase 2
MM-
The representative shall be determined by the City based
of Native
issuance of
Planning
1
on input from concerned Native American tribes (i.e.,
American
grading permit
Golf Club
Division
Gabrielino, Juaneno, and Tongvas).
observer
Site:
Phase 1
Geology and Soils
Tennis
Club Site:
All grading operations and construction shall comply
Periodic
During grading
Phases 1 -4
with the applicable City of Newport Beach G rating
monit oring
and
Building
SC -9
Code and Grading Manual and the most recent version
during
construction
Golf Club
Division
Site:
of the California Building Code.
grading and
operations
construction
Phases 1 -4
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Implementation
Phase(s)
No.
_.__......._._.
Tennis
Club Site:
SC-
Prior to issuance of the grading permit, an erosion
Approval of
Prior to
Phases 1 -3
Building
10
control plan shall be submitted to and approved by the
erosion
issuance of
Golf Club
Division
City's Building Division.
control plan
grading permit
Site:
Phases 1 -4
Submittal of
Tennis
soils
Club Site:
SC-
Prior to issuance of a grading permit, the applicant shall
engineering
Prior to
Phase 2
Building
11
submit a soil engineering report and final geotechnical
report and
issuance of
Golf Club
Division
report to the City's Building Division for approval.
final
grading permit
Site:
geotechnical
Phase 2
report
The project shall be designed to incorporate the
recommendations included in "Revised Preliminary
Geotechnical Design Parameters for the NBCC
Planned Community" (April 25, 2008) and "Report of
Tennis
Geotechnical Studies and Review of Vesting Tentative
Club Site:
Tract Map No. 15347" (May 2, 2008) prepared by GMU
Submittal of
Prior to
Phase 2
MM-
Geotechnical that address site grading, site clearing,
geotechnical
issuance of
Building
2
compaction, bearing capacity and settlement, lateral
reports
grading permit
Golf Club
Division
pressures, footing design, seismic design, slabs on
Site:
grade, retaining wall design, subdrain design, concrete,
Phase 1
surface drainage, landscape maintenance, etc. The
Building Division shall review the grading plan to ensure
conformance with recommendations contained in the
final geotechnical report.
Greenhouse Gas Emissions
Tennis
Submit
Club Site:
evidence of
Phase 2
SC-
compliance
Prior to
Building
12
All new buildings shall meet Title 24 requirements.
during
issuance of
Golf Club
Division
Site:
building plan
building permit
check
Phase 3
process
Tennis
Club Site:
Submit
Prior to
Phase 2
Planning
SC-
Water conservation design features shall be
evidence of
issuance of
Division and
13
incorporated into building and landscape designs.
compliance
building permit
Golf Club
Public Works
Site:
Department
Phase 2
Tennis
Submit
Club Site:
evidence of
Phase 2
PDF
Design of buildings shall take into account the locati on
compliance
Prior to
Building
1
of building air intake to maximize ventilation efficiency
during plan
issuance e
Golf Club
Division
Site:
and incorporate natural ventilation,
check
building permit
r
Phase 2
process
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SC/—
------- -... -.
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Responsibility
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Phase(s)
No.
Submit
Tennis
evidence of
Club Site:
compliance
Prior to
Phase 2
PDF
The buildings shall incorporate energy- conservi ng
during
e of
issuance
Building
-2
heating and lighting systems.
building plan
buildding ing per
Golf Club
Division
check
Site:
Phase 2
process
Submit
evidence of
Tennis
compliance
Club Site:
during
Phase 2
Planning
PDF
The project shall incorporate fast- growing, low water
landscape
Prior to
Division and
_3
use landscape to enhance carbon sequestration and
plan review
issuance of
Golf Club
Public Works
reduce water use.
and upon
building permit
Department
Site:
field
Phase 2
verification
Hazards and Hazardous Materials
Prior to any disturbance of the construction materials
within the Golf Clubhouse and /or the Tennis Clubhouse,
a comprehensive asbestos containing materials (ACM)
and lead based paint (LBP) survey shall be conducted.
Any repairs, renovations, removal or demolition
activities that will impact the ACM and /or LBP or
inaccessible ACM shall be performed by a licensed
asbestos contractor. Inaccessible suspect ACM shall
Tennis
be tested prior to demolition or renovation. Proper
Submit ACM
Prior to
Club Site:
SC-
safety procedures for the handling of suspect ACM and
and LBP
issuance of
Phase 2
Building
14
LBP shall be followed in accordance with federal, slate
survey and
demolition
Division
and local regulatory requirements federal and California
site
permit for
Golf Club
Site:
Occupation Safety and Health Administration (OSHA),
inspection
buildings
and Air Quality Management District (AQMD) Rule
Phase 3
1403, which sets forth specific procedures and
requirements related to demolition activities involving
asbestos containing materials and SCAQMD
Regulation X - National Emission Standards For
Hazardous Air Pollutants, Subpart M - National
Emission Standards For Asbestos, which include
demolition activities involving asbestos.
During demolition, grading, and excavation, workers
shall comply with the requirements of Title 8 of the
Periodic
Tennis
California Code of Regulations Section 1532.1, which
monitoring
During
Club Site:
SC-
provides for exposure limits, exposure monitoring,
during
demolition,
Phases 1 -4
Building
15
respiratory protection, and good working practice by
demolition
grading and
Division
workers exposed to lead. Lead - contaminated debris
and site
excavation
Golf Club
Site:
and other wastes shall be managed and disposed of in
inspection
accordance with the applicable provision of the
Phases 1 -4
California Health and Safety Code.
H drolo and Water Qua ty
Prior to issuance of a grading permit, the project
Tennis
Building
SC-
applicant shall be required to submit a notice of intent
Submit
Prior to
Club Site:
Division and
16
(Not) with the appropriate fees to the State Water
evidence of
issuance of
Phase 2
Public Works
Quality Resources Control Board for coverage of such
Not filing
grading permit
Department
future projects under the General Construction Activity
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-
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Mitigation Measure
Method of
Timing of
Applicable
Responsibility
MM
Verification
Implementation
Phase(s)
No.
Storm Water Runoff Permit prior to initiation of
Golf Club
Site
construction activity at a future site. As required by the
NPDES permit, a Storm Water Pollution and Prevention
Phase 1
Plan (SWPPP) will be prepared and will establish BMPs
in order to reduce sedimentation and erosion.
Prior to issuance of a grading permit, the project
applicant shall prepare a Water Quality Management
Plan (WQMP) for the project and submit the WQMP to
the City of Newport Beach for approval. The WQMP
Tennis
shall specifically identify Best Management Practices
Club Site:
(BMPs) that will be used to control predictable pollutant
Prior to
Phase 2
Building
SC-
runoff, including Flow /volume -based measures to treat
Approval of
issuance of
Division and
17
the "first flush" The WQMP shall identify at a minimum
WQMP
grading permit
Public Works
the routine structural and non - structural measures
Golf Club
Department
Site:
specified in the Countywide NPDES Drainage Area
Master Plan (DAMP), which details implementation of
Phase 1
the BMPs whenever they are applicable to a project, the
assignment of long -term maintenance responsibilities,
and shall reference the locations of structural BMPs.
Prior to issuance of a grading permit, the project
applicant shall prepare a Storm Water Pollution and
Prevention Plan (SWPPP). The SWPPP will establish
Submit
Tennis
BMPs in order to reduce sedimentation and erosion and
SWPPP
Club Site:
Building
prevent construction pollutants from leaving the site.
Prior to
Phase 2
Division and
18
1 8
The project shall also incorporate all monitoring
Approval of
issuance of
Public Works
elements as required in the General Construction
erosion and
grading permit
Golf Club
Department
Site:
Permit. The project applicant shall also develop an
sediment
erosion and sediment control plan to be reviewed and
control plan
Phase 1
approved by the City of Newport Beach prior to
issuance of grading permit.
Tennis
Club Site:
Future site grading and construction shall comply with
Submit
During grading
Phases 1 -4
Building
SC-
the drainage controls imposed by the applicable
evidence of
and
Division and
19
building code requirements prescribed by the City of
compliance
construction
Golf Club
Public Works
Site:
Newport Beach.
and site
activities
Department
inspection
Phases 1 -4
Land Use and Planning
No significant impacts are anticipated and no mitigation measures are required.
Mineral Resources
No significant impacts are anticipated and no mitigation measures are required.
Noise
Tennis
Club:
Show on
Phases 1 -4
During rock crushing operations, a temporary barrier
grading
During rock
MM-
using a pile of accumulated demolition debris or a
plans and
crushing
Golf Club
Building
Site:
3
sound blanket shall be used if a direct line of sight
si te
operations
Division
exists between the crusher and any off -site homes.
inspection
Phases 1 -4
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Mitigation Measure
Method of
Timing of
Applicable
Responsibility
MM
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Implementation
Phase(s)
No.
Tennis
Show on
Club Site:
Phases 1 -4
stationary
All construction equipment, stations and mobile, shall
grading
During
MM-
be equipped with properly operating and maintained
plans and
construction
Building
4
muffling devices.
site
activities
Golf Club
Division
inspection
Site:
Phases 1 -4
s
Tennis
Submit
Club Site:
Prior to issuance of a grading permit, a construction
construction
Prior to
Phases 1 -4
Community
MM-
schedule shall be developed that minimizes potential
5
project - related and cumulative construction noise
schedule
issuance of
Golf Club
Development
levels.
and site
grading permit
Department
Si le:
inspection
Phases 1 -4
The construction contractor shall notify the residents of
Tennis
the construction schedule for the proposed project, and
Submit
Club Site:
shall keep them informed on any changes to the
evidence of
Prior to
Phases 1 -4
MM-
schedule. The notification shall also identify the name
compliance
issuance of
Building
5
and phone number of a contact person in case of
and site
grading permit
Golf Club
Division
Site:
complaints. The contact person shall take all
inspection
reasonable steps to resolve the complaint.
Phases 1 -4
Submit
evidence of
Tennis
Heating, venting, and air conditioning (HVAC)
HVAC
Club Site:
equipment in or adjacent to residential areas shall be
equipment
Phases 2 -4
shown by computation, based on the sound rating of
sound rating
MM-
the proposed equipment, not to exceed an A- weighted
(adjacent to
Prior to
Community
7
sound pressure level of fifty (50) clBA or not to exceed
residential
issuance of
Golf Club
Development
Site:
an A- weighted sound pressure level of fifty -five (55)
areas)
building permit
Department
dBA.
during
Phases 2 -4
building plan
check
process
Population and Housing
No significant impacts are anticipated and no mitigation measures are required.
Public Services
No significant impacts are anticipated and no mitigation measures are required.
Recreation
No significant impacts are anticipated and no mitigation measures are required.
Transport !on/Traffic
Prior to commencement of each major phase of
construction, the Contractor shall submit a construction
staging, parking and traffic control plan for approval by
Tennis
the Public Works Department, which shall address
Approval of
Prior to
Club Site:
MM-
issues pertaining to potential traffic conflicts during peak
construction
commencement
Phase 1 -4
Planning
traffic periods, potential displacement of on- street
staging,
of each major
Division and
$
parking, safety. This plan shall identify the
p g, y. p y
Parking and
phase of
Golf Club
Public Works
proposed construction staging area(s), construction
traffic control
construction
Department
Site:
crew parking area(s), estimated number and types of
plan
Phases 1 -4
vehicles that will occur during each phase, the
proposed arrival/departure routes and operational
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Applicable
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Implementation
Phase(s)
No.
safeguards (e.g. flagmen, barricades, etc.) and hourly
restrictions, if necessary, to avoid traffic conflicts during
peak traffic periods and to ensure safety. If necessary,
the construction staging, parking and traffic control plan
shall provide for an off -site parking lot for construction
crews which will be shuttled to and from the project site
at the beginning and end of each day. The plan shall
identify all construction traffic routes. The approved
construction staging, parking traffic control plan shall be
implemented throughout each major construction
hase.
The left turn pocket on Irvine Terrace at the Coast
Construct
Golf Club
Site:
MM-
Highway shall be increased in length to a minimum of
improvement
Prior to
Public Works
9
100 feet plus transition in order to adequately
or provide
issuance of
Department
accommodate left -turn movements.
equivalent
building permit
Phase 3
bonds
Utilities and Service Systems
No significant impacts are antici aled and no mitigation measures are required.
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1 *: /:11 311ii1 1
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY DEVELOPMENT PLAN
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EXHIBIT "C"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
COMMUNITY DEVELOPMENT DEPARTMENT
1. Development shall be in substantial conformance with Vesting Tentative Tract Map No.
NT2005 -003, Site Development Review No. SD2011 -002 for the improvements to the
tennis club portion of the project site only, and Limited Term Permit No. XP2011 -004,
stamped and dated with the date of this approval (Except as modified by applicable
conditions of approval.)
2. Vesting Tentative Tract Map No. NT2005 -003 is approved for the development located
on the Tennis Club site which consists of the subdivision of five (5) single -unit
residential dwellings, twenty -seven (27) hotel units and related amenities, the tennis
club facility, their common open space areas and a private street.
3. Vesting Tentative Tract Map No. NT2005 -003 shall expire if the map has not been
recorded within the term of Development Agreement No. DA2008 -001, unless an
extension is otherwise granted.
4. Site Development Review No. SD2011 -002 is approved for the development of:
a. A 3,725 square -foot tennis clubhouse and one lighted stadium - center tennis
court.
b. Twenty -seven (27) hotel units with a 2,170 square -foot concierge and guest
meeting facility, and a 7,490 square -foot spa /fitness center.
C. Five (5) single -unit residential dwellings.
d. The 133 -acre Golf Club site has been reserved for future consideration. The
plans shall be revised to remove all representations of future development on the
133 -acre Golf Club site.
5. Limited Term Permit No. XP2011 -004 is limited to the 12 -acre Tennis Club site and
approved for the use of-
a. Two (2) temporary modular buildings to accommodate on -going tennis club
operation during the 18 -month construction of new golf clubhouse. The modular
buildings shall be located on the existing tennis courts, shall not interfere with
the construction activities or parking, and shall be removed from the Tennis
Club site upon completion /occupancy of the new clubhouse.
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6. Site Development Review No. SD2011 -002 and Limited Term Permit No. XP2011 -004
shall expire unless exercised within the term Development Agreement No. DA2008 -001,
unless an extension is otherwise granted.
7. Any substantial change to the approved plans, shall require an amendment to Site
Development Review No. SD2011 -002, Limited Term Permit No. XP2011 -004 and /or
Vesting Tentative Tract Map No. NT2005 -003 or the processing of new permits.
8. A minimum of 28 parking spaces shall be provided and maintained for The Tennis Club
(tennis courts and clubhouse) as provided on the approved plans.
9. A minimum of two (2) enclosed parking spaces shall be provided and maintained for
Was #A, B, and E and a minimum of three (3) enclosed parking spaces shall be provided
and maintained for Villas #C & D, as provided on the approved plans. Additionally, each
of The Villas (single -unit residential dwellings) shall be provided with an open guest
parking space which can be located on the private driveway.
10. A minimum of 34 parking spaces shall be provided and maintained for The Bungalows
(27 -unit hotel development) as provided on the approved plans.
11. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
12. 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.
13. Should this business or property be sold or otherwise come under different ownership,
any future owners or assignees shall be notified in writing of the conditions of this
approval by the current owner or leasing company.
14. This Site Development Review and Limited Term Permit may be modified or revoked
by the City Council or Planning Commission should they determine that the proposed
development, uses, and/ or conditions under which it is being operated or maintained
is detrimental to the public health, welfare or materially injurious to property or
improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
15. Prior to the issuance of 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 Division and the Municipal Operations
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
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Page 24 of 32
permanent barrier. Landscaping shall be located so as not to impede vehicular sight
distance to the satisfaction of the Traffic Engineer.
16. All landscape materials and landscaped areas shall be installed and maintained in
accordance with the approved landscape plan. All landscaped areas shall be
maintained in a healthy and growing condition and shall receive regular pruning,
fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and
debris. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
17. Prior to the final of issuance of a certificate of occupancy, the applicant shall schedule
an inspection by the Planning Division to confirm that all landscaping was installed in
accordance with the approved plan.
18. Reclaimed water shall be used for all landscape areas.
19. Water leaving the project site due to over - irrigation of landscape shall be minimized to
the maximum extent feasible.
20. Watering of landscape areas shall be done during the early morning or evening hours
(between 4:00 p.m. and 9:00 a.m.).
21. Water shall not be used to clean paved surfaces such as sidewalks, driveways,
parking areas, etc. except to alleviate immediate safety or sanitation hazards.
22. Prior to issuance of any permit for development, approval from the California Coastal
Commission shall be required.
23. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
24. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities 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 permitted
outside of these hours or on Sundays or Holidays.
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Between the hours of 7:OOAM
and 10:00PM
Between the hours of
10:00PM and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
24. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities 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 permitted
outside of these hours or on Sundays or Holidays.
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Planning Commission Resolution No. 1861
Page 25 of 32
25. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self- contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Community
Development Department. Cleaning and maintenance of trash dumpsters shall be
done in compliance with the provisions of Title 14, including all future amendments
(including Water Quality related requirements).
26. Storage outside of buildings or within the parking lot of the property shall be prohibited,
with the exception of the required trash container enclosure.
27. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
28. All proposed signs shall be in conformance with the provision of the Newport Beach
Country Club Planned Community Development Plan and Chapter 20.42 of the
Newport Beach Municipal Code and shall be reviewed and approved by the City
Traffic Engineer if located adjacent to the vehicular ingress and egress.
29. The final location of the signs shall be reviewed by the City Traffic Engineer and shall
conform to City Standard 110 -L to ensure that adequate vehicular sight distance is
provided.
30. Lighting shall be in compliance with applicable standards of the Newport Beach Country
Club Planned Community Development Plan and Section 20.30.070 of the Newport
Beach Municipal 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" and up- lighting type fixtures are
not permitted. Parking area lighting shall have zero cut -off fixtures.
31. The entire development shall not be excessively illuminated based on the outdoor
lighting standards contained within Section 20.30.070 of the Newport Beach Municipal
Code, or, if in the opinion of the Community Development Director, the illumination
creates an unacceptable negative impact on surrounding land uses or environmental
resources. The Community Development Director may order the dimming of light
sources or other remediation upon finding that the site is excessively illuminated.
32. Prior to the issuance of a buildinq permit, the applicant shall prepare photometric study
in conjunction with a final lighting plan for approval by the Planning Division. The
survey shall show that lighting values are I" or less at all property lines.
33. Prior to issuance of the certificate of occupancy or final of building permits on the
Tennis Club site the applicant shall schedule an evening inspection by the Code
Enforcement Division to confirm control of all lighting sources.
34. Kitchen exhaust fans for the clubhouses shall be installed /maintained in accordance
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with the Uniform Mechanical Code and with pollution control units to filter and control
odors.
35. The construction and equipment staging area for each phase of the development 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.
36. A screen and security fence that is a minimum of six feet high shall be placed around
the construction site during construction for each phase of the development.
37. Construction equipment and materials shall be properly stored on the site when not in
use for each phase of the development.
38. Prior to the issuance of any building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
39. Prior to the issuance of any building, the applicant shall pay all applicable development
fees (i.e. school, in -lieu park, fair share, and transportation corridor agency), unless
otherwise addressed separately in the Development Agreement.
40. 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 Newport Beach Country Club development
including, but not limited to Planned Community Development Plan No. PC2005 -002,
Vesting Tentative Tract Map No. NT2005 -003, Transfer of Development Rights No.
TD2010 -003, Development Agreement No. DA2008 -001, Limited Term Permit No.
XP2011 -004, Mitigated Negative Declaration No. ND2010 -008, and Site Development
Permit No. SD2011 -002. 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.
41. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
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42. Prior to the issuance of grading permits for development, 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.
43. Prior to issuance of grading permits for development, the applicant shall prepare and
submit a Water Quality Management Plan (WQMP) for the proposed project, subject to
the approval of the Building Division 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.
44. 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.
45. The applicant shall comply with SCAQMD Rule 403 requirements as follows:
Land Clearing /Earth - Moving
a. Exposed pits (i.e., gravel, soil, dirt) with five 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.
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.
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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 five 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. All construction roads internal to the construction site that have a traffic volume
of more than 50 daily trips by construction equipment, or 150 total daily trips for
all vehicles, shall be surfaced with base material or decomposed granite, or
shall be paved.
I. Streets shall be swept hourly if visible soil material has been carried onto
adjacent public paved roads.
M. Construction equipment shall be visually inspected prior to leaving the site and
loose dirt shall be washed off with wheel washers as necessary.
Unpaved Staging Areas or Roads
n. Water or non -toxic soil stabilizers shall be applied, according to manufacturers'
specifications, as needed to reduce off -site transport of fugitive dust from all
unpaved staging areas and unpaved road surfaces.
FIRE DEPARTMENT
46. Automatic fire sprinklers shall be required for all new construction that exceeds 5,000
square feet in size, is located more than 150 feet from an approved fire access road,
and /or based on occupancy classification. The sprinkler system shall be monitored by
a UL certified alarm service company.
47. All buildings may require a fire alarm system depending upon occupancy classification.
48. Fire hydrant(s) shall be provided every 300 feet along fire access road. The number
and location of the fire hydrant shall be determined by the Fire Department.
49. Fire Department turnarounds shall have a minimum diameter of 80 feet with no
parking allowed.
50. All elevators shall be gurney accommodating.
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51. The use or storage of portable propane heaters is prohibited. Heaters for future
outdoor areas shall be fixed and plumbed with natural gas.
PUBLIC WORKS DEPARTMENT
52. The Final Tract Map shall be legible, scaled, dimensioned, and complete with all
necessary pertinent information and details such as easement limits and descriptions;
annotated lot lines, centerlines, and boundary lines; signature certificates; curve and
line tables; etc.
53. The Final Tract Map shall be prepared on the California coordinate system (NAD88).
Prior to Map recordation, the surveyor /engineer preparing the Map shall submit to the
County Surveyor and the City of Newport Beach a digital - graphic file of said Map in a
manner described in the Orange County Subdivision Code and Orange County
Subdivision Manual. The Final Tract Map to be submitted to the City of Newport
Beach shall comply with the City's CADD Standards. Scanned images will not
be accepted.
54. Prior to recordation, the Final Map boundary shall be tied onto the Horizontal Control
System established by the County Surveyor in a manner described in Sections 7 -9-
330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County
Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be
set On Each Lot Corner unless otherwise approved by the City Engineer. Monuments
shall be protected in place if installed prior to completion of construction project.
55. A hydrology and hydraulic study and a master plan of water, sewer and storm drain
facilities for the on -site improvements shall be prepared by the applicant and approved
by the Public Works Department prior to Final Tract Map recordation.
56. Easements for public emergency and security ingress /egress, weekly refuse service,
and public utility purposes on all private streets shall be dedicated to the City.
57. No structures shall be constructed within the limits of any utility easements.
58. All easements shall be recorded as a part of the Final Tract Map.
59. All applicable fees shall be paid prior to the City approval of the Final Tract Map.
60. Construction surety in a form acceptable to the City, guaranteeing the completion of
the various required public improvements, shall be submitted to the Public Works
Department prior to the City approval of the Final Tract Map.
61. Street, drainage and utility improvements shall be submitted on City standard
improvement plan formats. All plan sheets shall be sealed and signed by the California
licensed professionals responsible for the designs shown on the Plans.
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62. All improvements shall be designed and constructed in accordance with the current
edition of the City Design Criteria, Standard Special Provisions, and Standard
Drawings.
63. All storm drain and sanitary sewer mains shall be installed with MacWrap.
64. All runoff discharges shall comply with the City's water quality and on -site non -storm
runoff retention requirements.
65. New concrete sidewalks, curbs, gutters, curb disabled access ramps, roadway
pavement, traffic detector loops, traffic signal devices, and street trees shall be
installed along the development's Coast Highway frontage.
66. Public improvements may be required along the development's Granville Drive
frontage upon building permit plan check submittal.
67. All on -site drainage, sanitary sewer, water and electrical systems shall be privately
owned, operated, and maintained.
68. All curb return radii shall be 5 -feet (5') minimum.
69. Each dwelling unit or bungalow building shall be served with an individual water
service and sewer lateral connection.
70. All overhead utilities serving the entire proposed development shall be made
underground.
71. ADA compliant curb ramps shall be installed within the interior parking area.
72. The intersection of the public streets, internal roadways, and drive aisle 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.
73. Any damage to public improvements within the public right -of -way attributable to on-
site development may require additional reconstruction within the public right -of -way at
the discretion of the Public Works Inspector.
74. The parking lot and vehicular circulation system shall be subject to further review and
approval by the City Traffic Engineer. Parking layout shall be per City Standard STD
805 -L -A and STD 805 -L -B. Parking layout shall be full dimensioned. On- street
parking spaces shall be 8 feet wide by 22 feet long. Drive aisles to parking areas shall
be 26 feet wide minimum. The one -way drive aisle adjacent to The Bungalow's
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concierge office and guest meeting building shall be 14 feet wide minimum with no
parking, otherwise the drive aisle shall be widen to accommodate parking.
75. Cul -de -sacs shall comply with City Standard STD-1 02-L and STD -103 -1 and shall have
a minimum diameter of 80 feet curb to curb.
MITIGATION MEASURES
76. 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 (Exhibit "A ") for the project.
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EXHIBIT "D"
DEVELOPMENT AGREEMENT
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