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3100 JAMBOREE RD_BAYPOINT APTS
*NEW FILE* 3100 Jamboree Rd Teague, Christy From: Divan, Janet To: Teague, Christy Subject: RE: Baypointe Bike Racks Date: Wednesday, April 30, 1997 7:51AM I don't want to cause a problem, but I think 4 is enough. We initially discussed more, but cut down the number. If Jim feels strongly about increasing the number, I will go along with him. From: Teague, Christy To: Divan, Janet Subject: Baypointe Bike Racks Date: Tuesday, April 29, 1997 2:27PM As I recall the final count required is 8 at the leasing office, right? Jim Sinasek reports 4 at the leasing office and 4 at the pool. He doesn't think 4 is enough in the leasing area, and has asked them to install 4 more near the leasing facilities, as required. How does that sound to you? Page 1 N-' A•p-(5 RESIDENTIAL ZONING CORRECTIONS�VGT r .Tele)PLone: (714) 644-3200 By:Genia Garcia, Associate Planner Plan Check No• 02'l67,5 By hristy Teague, Associate Planner , By:Marc Myers Associate Planner By: Dat :1� -l-5— > Address: 310o J!n-w hoeJ fie, Ad . Di. Iq ing Map N-o: Land Use Element Page No. Corrections Required: TR 1 4 / $'9 Legal Description: Lot Block Section Tract Verify legal description with Public Works Covenant required. Please have owner's signature notarized on the attached document and return to me.� 2y, ' 3& 6ce,?-t!ns 1 �N� Lot Size Zone Fe - O/Alic/,I Aiza-4 No, of Units Allowed -.3025> Proposed Maximum Buildable Area Lot Coverage Maximum Structural Area (Area including exterior walls, stairway(s) on one level and required parking). x buildable area. Proposed Structural Area: x buildable area. Provide tissue overlay of calculations verifying proposed square footage. r/1_ Open Space Area cu.ft. (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in any direction (6'x 61x 61), and open on at least two sides, or one side and one end, unless otherwise specified in Zoning Code. Required Setbacks --''� LaUe I(M�VI • 5 G�G(L $ o,n 55 G Ptar1 5'I YE �� 1 AwY2eArs ok Flbe s.4./�r.5. 20 F bg i ZD� i✓� SG'�OGt GIC �'D P�✓k�vta� J PVIVA4-' yfsa. brkfts 5 jnM.V�✓si-h�. ,�eF�sok, s-lL _ R-igktt-side. ��j,e�fidW4L�i I!J ` ti(GLrd�6s 5-71 nr SO' Note: -'The following may not be permitted to encroach into required setback: Balconies Fireplaces Decks Bay/Garden Windows Other Remarks: T VL 1. Provide floor plan(s), fully dimensioned, showing all room uses. C_ 2. Provide plot plan, fully dimensioned, showing: location of all buildings, and •�distance to pro erty lines. PP.rwvK�tG+'bls Gic�es�--fok�s o✓��-1. 9,k distance from face of curb to frolit property line (verify with Public Works) 15second and third floor footprints (if applicable) all projections (i.e. fireplaces, bay windows), label distance(s) to PL(s) WA- distance between buildings Height Limitation Measured from natural grade to mid -point of roof. code allows an additional 5'0" to the peak of the ridge height. Allowable midpoint 3s� Allowable ridge (height 1+0 Dimension all elevations from sat,=21 grade to: M:% D coy hh5 aznd R, id acf5' P,CLL--//l oSfde pla �� P{eV,e�No7Z Foy gro✓4Ojo -A , 8 h°op� _ Label 7v'_-^— grade and finished grade on al� eva* o s. y r ,LJnrO! _ May be in Flood Hazard Area. Check with Building Department for minimum finish floor elevations. Remarks: Required Parkins: clear inside minimum dimension /,87fp/,yn,4X 30U -e'Jlof 9'-4" x 19' single space gk4e. i•K gep r- 17'-6" x 19' two spaces Q / 8' x 16' third/fourth space(e) per,/ pe u/✓CG{ � i� Label clear inside dimensions of provided parking eq�eh'"�s�'��/� V)gK.S- %Gt iO✓C'GP 1 a Is demolition proposed? kIy ��iyO�� J Number of units to be demolished _ /�YpW :sa GtCPS� Fairshare Contribution f2e V' GfO�54 I�9eeeoWIP.m4 NeIZ Wrrk-i�t'ewpf N!iV San Joaquin Hills Transportation Corridor Fee ~(1W 14_ Park Dedication Fee ;ley- C.105 A 8re.e me-,P4 M cl ?, SPECIAL APPROVAL REQUIRED THROUGH: Please indicate any discretionary approval numbers on the plans and incorporate the attached] excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Plans Modification required for Planning Commission/City Council:_ Use Permit: No. Variance: No. Resubdivision/Tract: No. Site Plan Review: No.;'T'J_ Amendment: No. - other :]= C I F, /�� �'!n. � l i c. W0,I)G5) -mffc / a- FirG Z"+5 . M vt-'5+ E'6" ge5m to m t-P eX4-P-4 'Se f fo ✓ Public Works: G Easement/Encroachment Permit SP}2 12: G'v+�PL-4, 4,5, q Subdivision Engineer "r-rM !4q j �: (,v' ✓td5. 1-15, FW' 23�2 /v128, 29, 31,3�37 Traffic Engineer - —1 1\4 l:)p� cy 7 t1 D 5i�R`) Ce✓'� : 3 Ga % Approval of Landscape Plans Significant Links / Building Department: Grading Engineer po 11 be FT. m.ws-T "Proyc ✓�vf� Gi�'i ►eta-ns r�o✓fiv �orw1„v �ssua.nce , r!on�c.1' : Ar+d�( C�or► i 5 �'��-f- 3lot<•2- Parks Department: r YC� csvr�rnvttt{{�t I-%ty/LS ivtt�i+'Pvl� Approval of Landscape Plans I f,.}.p Pp'A":'S. � ill Coastal Approval Recuired: T Exempt, Because 01 S Categorical Exclusion No. (C.B.O.) Effective Date (Note: Building permits may be issued 10 days following issuance of _ Approval In Concept (AIC) No. (Note: File 3 sets of plane: site, floor, and elevations) Waiver 0 Effective Date Coastal Development Permit No. Effective Date Miscellaneous N /A 3. Chimney (and chimney caps etc.) heights permitted only as required by V.H.C. or manufacturer specifications plus additional 12" maximum for cap/spark arrestor. - 4. NOTE ON PLANS: Pools, spas, walls, fences, patio covers and other freestanding structures require separate reviews and permits. NUA— S. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, condi- tions and restrictions which may be recorded against the property or to 0� obtain community association approval of plans. i I- Ye fa-fCs �' i 1 be �'�'��I.�z..�.e_ R�aur�- �.o- �a� jP.m ✓ale ioK., �'�� � �r`� NOTES it is the responsibility o the applicant to.circulate their plans and obtain the necessary approvals from the departments checked above, if you have questions regarding yat+r application, please contact me at (714) 644-3200. p ', e44 prae f � I > ! a l-is f� Cfl✓�d,tf0, s o f aPp/�/R� : M rRegot4w mtr' w S -rjr l 1�f ';S q C'� n d . 27 ( Ads made ,-� jc �r�✓��� pF ��aEs;z l ecoR Rev. ?!v; �F�►-1'�+iC�) L��h�/�fr�rc lw.v�,:vv���a�fv�n . �e�Gii�id��G�ti,w►v►�ar� n w' , A Z I F, tN Y PARED BY CIVL ENG GRADES, HOFUZONTA A 9 BLDG UNIT DESCRIPTION UPGRADE TYPE NO. TYPE (SEE LIST BELOW) BUILDINGS FACING SAN JOAQUIN HILLS TRANSPORTATION COPPIDO12 I , I I;pk"l•klF NO- 0- t . �,� ,��tl� f •� '`•fit e; " � � + _ g. �"� Map 10 kv, �� > � � `� •��,,� L IIII Qp •r. . � .. • . � ���.•r . asr9-"©�, • • � ■ ! ! • ■ • • r ■ C s r • • ♦ IV 0--6--1 ." .o \. A y,©�.®�� :� � `� a `���'j®'� • � •� •1r •■ r C fir!• ��K�4 fwV NOW 0 R 'l I : I I'momm A 8 BUIU:�NG AND UNIT SUMMARY \ BLDG k BLDG UNIT UNIT UNIT UNIT UNIT UNIT UNITS NO. ftANDICAP PAGE TYPE PLAN I PLAN 2 PLAN 3 PLAN 4 PLAN 5 PLAN 6 PER BLDG I B 3 2 0 4 6 6 21 2 C 0 0 2 0 0 0 2 3 C 0 0 2 0 0 0 2 4 Y A 4 2 0 4 6 6 22 5 y B 3 2 0 4 6 6 21 6 C 0 0 2 0 0 0 2 3 /"-. ` I v 7 C 2 8 B 3 2 0 4 6 6 21 PAREOUED, 9 Y B 3 2 0 4 6 6 21 RKNG IR UNIT COUNT,�- 300 APARTMNTS 10 C 0 0 2 0 0 0 2 11 (REV) B 3 2 0 4 6 6 21 2.0 DEW SPACES PER UNIT 300 X L67 - 561 SPACES RES 21 12 y B 3 2 0 4 6 6 0.5 GUEST SPACES PER UNIT = 300 X .5 - 150 SPACES ►TOTAL SPACES REQUIRED7 11 SPACES 13 C 0 0 2 0 0 0 2 28r. 51 OF GUEST SPACES TO BE FOR HANDICAP 14 (REV) A 4 2 0 4 6 6 22 TOTAL HANDICAPPED SPACES REQUIRED • $SPACES 22 (SEE CIVIL PLANS FOR HANIDICAP PARKING SPACE DETAIL 15 (REV) Y A 4 2 0 4 6 6 SEE T-$ FOR SIGNAGE, STQlPf%G, AND OT452 DETAILS) 16 c 0 0 2 0 0 0 2 J 17 C 0 0 2 0 0 0 2 PAAKM PROVIDED` 18 A 4 2 0 4 6 6 22 STANDARD GARAGE SPACES 343 19 C 0 0 2 0 0 0 2 m- HANDICAP GARAGE SPACES 6 20 (REV) A 4 2 0 4 6 6 22 STANDARD OPEN SPACES 348 HANDICAP OPEN SPACES 8 GUEST AND 6 TENANT 21 (REV) Y A 4 2 0 4 6 6 22 TOTAL SPACES PROVIDED 113 22 C 0 0 2 0 0 0 2 (TYPICAL TENANT NON COVERED SCES ARE SSIGNED. 4 SEE CIVIL PLANS FOR HANDICAP PARKIPANG SPACENODTETAAIL 23 A 4 2 0 4 6 6 22 sEE SEE T-3 FOR SIGNAGE, STRIPING, AND OTHER DETAILS) 44 4 GARAGFII� �T PLAN 4 G ITOTAL 46 26 20 52 78 78 300 'A SEE PLA RED BY CONSULTANTS AIN TES C" AA-4.1 FOR A5: gg F CIAL CONDITX FOR $1 CIAL CONDITION LEGEND UNIlT TYPE AM ALTERNATE STAR TOMPS WIITH 1ST FLOM BALING WASTE AT STAIR TOWERS WITH THIS SYMBOL, P12OVIDE A RAILING:, AT THE F12ST DISPOSAL REQUIREMENTS PEOU12ED NUNC52 OF CONTAINERS (4'X6)-8I CLIPT. CONTAINERS) LEVEL PER Al AND A4 ON q-r:t7 D-7 THIS OCCURS WHERE THERE 'MABLEV. -E NOTES: DWELLING IS NO SIDEWALK. SEE LANDSCAPE AND CIVIL PLANS LNTSL� �"DAYS BETWEEN io NUM CONTAI N&S • 2-4 X 300 RLNELL WEEN PICKUIPS -..,o ra voo T CAPkOTYPER EACH CONT -p OROL M 400 81 CUBIC F;EE ANE L A" om S14ALL EIE MAW ACCeSSULE AM BUILDING NL*A3M AND TYPE UPGRADES oy UNITS REOUIRING ACOUSTICAL GLAZIINIG TI-E -0f::�OE00,20,CONTAIN� 27 4)�� - - A HANDICAP GARAGE SP �Q OF CONTAINEpS,ppopOSED -,24 RAFTER BLDG TYPE INDICATES REVERSE 13LLDING UNITS WITH THIS SYWBOL REOURE GLAZING LIPGRADES PER THE T A4 NLAABL SEE STET -V AS W Rem2ORCEMEW o0TE wA-wT-3) S0-EDULE ABOVE. 4 TWO STORY >ADES'TYPF-S 3Z CLEAR DOOR 11 CONDMN ALSO SEE THE LIST OF GLAZNG UIPG& AM NM OM" WE)7H (NOTE 5A-PJ,T- CL- LEVER HAMEWA05 04OTe 5&T-3) NVASTE DISPOSAL, LE QC�= A �-r I f &rr TYPE:2 APILD I turr TYPE 113 PLAN f-AW am-Annu PICTURE WINDOW ORIENTATION BIN ENCLOSURE UINIT 2 OCCURS AT A AND B TYPE CLUSTERS -12 AND A443 - TYPE A 2 E. CLEAR SPACE BY DOORS, 00TE 5A+I/-r-3) . I I I ., SIN OCCURS AT PLAN ONE A AND B ONLY. SEE S;-EETS A4 F. MR 5' WATER CLOSET SEAT �� NOTE GEIT-3) 1\1 I - I SEE A6-51 UNIT TYPE I B OCCURS AT 8 CLUSTERS ONLY AND STRUCTURAL FOR TWO TYPES OF WINDOW WHICH MAY OCCAR. N � , ",' 3�BIN ffN0L0$UI:!I5 - TYPE E3 , I I - aZbTQrAL RECEPTACLE OUTLET WT. �MTE IA-3)-3) 3. BIN ua . Ow AW BWPOWiNTAL Oa4MM WT.-NOTi $A-EIT-3)' PATIO OR .BALCONY NOISE BARRIER SEE SYMBOL ON SITE R.Ai� FOR OIZIENTATION OF 5050 WINDOW 'AMRF SEE x m4pKs SIDE OF uNrr WHERE 505o WINDOW occuzs. L r-ALmT ccooms mte wr-s) - DETAIL 4 AND 19 ON SHEET 0-3 FOR IST FLOOR SS LFGENE) SEE DETAILS 13 AND [7 ON SHEET D-6 FOR USA MR AND LAVATORY SPACE REI S'42A VV L - WATER CLOSET, EIATH z 1 2 HOUR AREA SEPARATION WALLS To BE DELETE - X XXYZ XX •- BUILDING NURABER SE r'- REN40VAME CA NETS U-CM WWC&4 SW COLMER HATE 3�. 1 L , 3QD FLOOR BALCONY BARRIERS SEE NOISE =OCT Y, FLOOR LEVEL, SEE CLUSTER PLANS A AND B FOR LOCATIONS OF 2 HOUR AREA ANALY54S'PEPCQT,FCQ ADDITIONAL INFORMATION H T SYMBOL AS SHOWN ON SITE A Z �W NU�� SEPARATION WALLS. LOCATIONS WITH HIS DVII56) BY Ims RECLIRED TO HAVE REPOSM010BLE OCILWbk+OPS,�T SEE NOTE 12 -3 AKV 5 D ON S-Eff 0� NTERM PLAN ARE NOT TO BE CONSTRUCTED.. Wm Is, QOr4T Vrealm - , . I . I . . , 'HANDICAP GARAGE HC I , I IN I I'll, UNIT' LEGENlD VEkFY WIN�BULDIN� PLAN -0J&4kTl0N - - 14TECTUIML Set- PL*45foq HANDCAO-PAR" GARAGE AS SHOWN ON PLAN PEposmONABLE COUNTERTOPS REOLFW Lw ADDIMNAIL.14 I r I Z NA ImMATIES NO LNIT AT T4TLEVf5- AT TCHEN EER F %AA"U -M ON SI-EET A441. ALSO SEE DETAL A)-H ON 5� I L; 2 PANWALS SIJIALL Elf! 950AMD ON RAMPS VCEEiy� FOX FISE N 20 FWT SEE TE %M8EP QEPQeSa4TS LAT TYPE, ol fl*� S& CNL WAWN$S FOR LOCATIONS Cf= Of+ ALTERNATE FOR SPECM RAW REMPIDANTS, 'El ALT F AM 949%9�ZW40TEN?l D E32M ELEVATIONS eaZVM-W AN ACCE$� ROUTE 42 INTERIOR ALL GRO" FLOOR tHTS 54ALL 13E!,r, PER SECTION Z-V033J ON SHEET A5 -FIT-3 FM AMMINIAL INP SM NO" IA• .1, 114 a X) w SHE ET TITLE SITE PLAN BAYPOINT APARTMENTS joo SHEET WEEK.,., QirftrorS-1 checw ey to 7 Inc 4 ' wl SHEETS lGobio=6a-o ~,W TA W"V7 A PADWK 40 CITY OF NEWPORT BEACH P.O. BOX* 1768, NEWPORT BEACH, CA 92658.8915 June 27, 1995 Moira J. Boynton Gannon Design 112 East Chapman, Suite G Orange, CA 92666 RE: Address assignments for Tract #14989, 3100 Jamboree Road Dear Moira: Please be advised that staff has approved your addressing plan for the Baypoint Apartments located at the above referenced property. The Fire Department is in agreement with the proposed street name suggestion of"Baypoint Drive". The address assignments are based on four digit numbers, each denoting the following: XXYZ: XX=Building Number F=Floor (level) Z=Unit Number Please be advised that Section 9.04.270 of the Newport Beach Municipal Code requires appropriate street address numbers on each and every dwelling unit. The Fire Department has suggested that the entire four digit number be located on each unit. These numbers are required to be a minimum of 4 inches in height, colored in contrast to their background and visible from the adjacent street. Our stafPwill make the necessary changes to records maintained by the Fire, Building, Public Works and Planning Department, but it will be your responsibility to notify' other affected agencies (i.e., Post Office, utility companies, etc.) of the address changes. If you have any further questions or concerns, please do not hesitate to contact me at (714) 644- 3200. Very truly yours, PLANNING DEPARTMENT JAMES D. WICKER, Director B 4eniaaG4arcia--Z� Associate Planner 3300 Newport Boulevard, Newport Beach i Mon = G0,�4�vF �aa'S5lo5 CONDITIONS OF APPROVAL BAYPOINT APARTMENTS A 814,TTM 14989, SPR 72 Condition Department Action Mitigation Measures EIR No. 148 1� " �► y, A,]e &clts �1. Comply Mitigation Measures per EIR148 Planning P"M,"Pr 4Vl Plan Review /!e{l-., A)d o✓ 1:7[eid Oc-2. Comply Noise Study Recommendations Building Plan Review 14.0-F.. Interim Take of California Gnatcatcher ? � �3. W&I • prior to Grading Permit Building Plan Review 4. 9 Noise Study revised for traffic JR-5 ramp, Planning Noise Study Review Mitigation Measures added to design, all Planning Plan Review tenants and/or owners informed of JR-5 ramp connection to SJHTC and potential impacts from construction. Planning Intent Letter �5. Exterior Lighting conceal light sources and minimize spillage and glare. Planning Letter from Elec/t4g Conditions of Approval TTM 14989 Pw 2. Final Map Recordation Public Works Tie map boundary to Horizontal Control System Public Works Monuments on each lot corner Public Works All improvements constructed Public Works Subdivision agreement and surety Public Works W' ° 4Na .�v�o/M, P Approval Individual water service/sewer laterals Building Onsite parking,vehicular &ped circulation Traffic W 8. Onsite circulation connect to Bike Trail Public Works W. P• ,,9. Conform with City's Private St.Policy Public Works dPrivate street & drive system approval Traffic 10. Encroachment Agreement w/non-std impPublic Works 11. Intersection sight distances Traffic Landscaping 24" max in sight line Planning,Traffic 12. CVC enforced,Traffic Control Plan Traffic, Police p- ./13. Control gate turnaround provided and Fire J n MA, . Pw 3. Pd 4• pOV5. 6. 7. apprrOvecT' Public Works I 14.. University Dr. right of way dedicated Public Works Map Approval Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review PiMH!eview--�� ��-asv�a0 Plano .� o::— Plan Review Plan Review Plan Review Plan Review U5. Jamboree Rd. right of way dedicated Public Works Plan Review rW16. Easements provied for ingress,egress Utilities,Public Works Plan Review fW 17. Access roads provided to public utilites Public Works Plan Review pt118.. Vehicular access rights released Public Works Plan Review fW 19. Utility improvement plans by civil eng. Public Works Plan Review iYr wt 2.Z LI molt c�i3 V gay rVIY ,v 07-1?1a?6 6wlkaf.nKejJA(AA Y11�M1t NI Ct✓wa/CoC('ap�tlolr ioi�. a 4 r 60, Hydrology and hydraulic study prepared Public Works U 21. Water and sewer by City Newport BeachPublic Work,13, Q, 14'22. Water system looped w/pressure reg. Utilities fW23. Easement Jamboree for water loop sys. Public Works 24. County Sanitation District Fees Paid Building,>13 P. 25. Fire hydrants spacing Fire 6. Water Capital Improvement Fee Paid Public Works 27. Adequate sewer facilities available Utilities, Plannin Planning �'r P�Z28. P.W. plan ck & inspection fee paid Public Work J �9. Edison transformers outside sight distance Public Works S• P• 30. Traffic control,no storage Jamb/Univ. Traffic G31. Overhead utilites be undergrounded Public Works 432. Fire protection system Fire 33. Existing vehicular access maintained off Jamboree at the Jamboree Rd bridge for County Flood Control access Public Works 34. Landscaping installed per plan, Lots A, B & C priv. owned and maintained p' b5. Future freeway ramp grades Planning Public Works ?PJL�fi. Map be revised prior to recordation Public Works p04Z Lot C divided,dedicated for bike trail Public Works 38. All lettered lots satisfy CIOSA Agrmt. 36i , Rvod oCoyi+-off g.,-� Conditions of Approval S1�21tTo:Yl' ' substantial Conformance Planning 2, 24 Month Expiration 3. Onsite parking, veh & ped circulation Traffic ,4. Circulation system tie to Bike Trail Public Works 5. Comply City's Private Street Policy Public Works ,6. Intersection sight distances Traffic 7. Control gate turnaround Fire, Traffic 8. Fire hydrant spacing Fire 9. Existing access maintained at Jamboree Public Works Plan Review-' NPDe�z �fiM� Plan Review Plan Review Plan Review Permit Issuance Plan Review Plan Review Verif from O.C. S.D. Utilities Verif. Plan Review Plan Review Plan Review Plan Review Plan Review,Testing Plan Review Plan Review,Letter hvlLA ovi P(Wt Plan Review Plan Review Plan Review No Action Plan Review No Action Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person Air Quality 4. All grading related to the project shall be conducted Condition of Plan check; Prior to issuance of Building Dept. plan in accordance with SCAQMD Rule 403. This mitigation mea- approval field inspection grading permits checker; grading sure shall be made a condition of all grading permits related to inspector the project. ' 5. After clearing, grading, earth moving, or excavation Condition of Plan check; Prior to grading Building Dept, plan operations while construction activities are being conducted, approval field inspection permits checker; grading fugitive dust emission shall be controlled using the following inspector procedures: • Graded sections of the project that will not be fur- ther disturbed orworked on for long periods of time (three months or more) shall be seeded and watered or covered with plastic sheeting to retard wind ero- sion. • Graded sections of the project which are undergoing further disturbance or construction activities shall be sufficiently watered to prevent excessive amounts of dust. These mitigation measures shall 4e made a condition of all grading permits related to the project. 6. During grading and construction activities, the appli- Condition of Plan check; field Prior to grading Building Dept. plan cant shall further control fugitive dust emissions using the approval inspection permits checker; grading following measures: inspector • On -site vehicle speeds on unpaved roads shall be limited to 15 miles per hour. Entrances to all on - site roads shall be posted with a sign indicating the maximum speed limits on all unpaved roads. • All areas with vehicle traffic shall be periodically watered. • Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated Mitigation Measure MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMEN r Implementing Method of Timing of Responsible Action Verification Verification Person from construction activities so as toprevent accumu- lations of excessive amounts of dust. These mitigation measures shalt Pe made a condition of all grading permits related to the project. 7. Office and commercial development on the Corpo- Condition of rate Playa West and Bay View Landing site shall also partici- approval pate in the Centerride program currently in operation in the Newport Center area. Evidence of intent to participate shall be provided to the City of Newport Beach Building Depart- ment prior to issuance of occupancy permit. 8. Bicycle racks shall be required in accordance with City ordinance the City of Newport Beach Transportation Demand Ordinance. 9. Construction of related frontage improvements shall Condition of include bus turnouts and shelters if determined to beneecssary approval and desirable by the Orange County Transit District and/or the City of Newport Beach. Prior to final design and constme- tion of any frontage improvements, the City of Newport Beach shall contact the Orange County Transit District to determine irany bus turnouts or shelters will be required. 10. All development shall include street and security Condition of lighting (in parking lots and pedestrian walkway areas)which is approval energy conserving. A lighting plan shall besubmitted for all development which demonstrates compliance with this measure. The plan shag be reviewed by the Planning Department and approved -by the Department of Public Works 11. Residential, commercial and office development shall Condition of be landscaped with an emphasis on drought resistant plant approval species which will sbade buildings and redumwater and energy consumption during the summer.. A landscape plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works prior to issuance of an occupancy permit. 3 Plan check Prior to occupancy Traffi nwr permit for Corporate Ptah West or Ba View Land; Plan check Prior to occupancy permit Plan check Prior to occupancy permit Plan check: Prior to building permit Plan check Prior to occupancy permit Traffic Engineer W Yr w` O Planning/Building Dept, plan checkers; OC1D;Tnffc Engle- neering Dept. Planning/Building 1191k , DepL plan checkers, Public Works Dept Planning/Building DepL plan checkers t j,rt f Public Works Dept. �'�+"� 1� MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person 12 The applicant shall ensure that all residential lots and dwellings are sound attenuated against present and pro- jected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL-in all habitable rooms. Evidence shall be prepared under the supervision of a City certified acoustical consultant which demonstrates that these standards will be satisfied in a manner consistent with applicable zoning regulations and sub- mitted as follows: A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the Citys Advance Planning Manager for approval. The report shall ,� describe in detail the exterior noise environment and 0AI preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy'B' below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Advance Planning Manager for 1Y' approval along with satisfactory evidence which indicates that the sound attenuation measures speci- fied in the approved acoustical report(s) have been incorporated into the design of the project. Condition of Plan check; Prior to map Advance Planning approval field testing recordation/grading Manager permits/building permits/occupancy permits C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on w.J� A the projects plot plan illustrating height, location and �' L construction in a manner meeting the approval of the ays Advance Planning Manager. 4 MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCUTA71ON IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Mitigation Measure Action D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations may be required by the Planning Direc- tor to verify compliance with SfC and IIC design standards. 13. All non-residential structures shall be sound attenu- Condition of ated against the combined impact of all present and projected approval noise from erterior noise sources to meet the interior noise criteria as specified in the Noise Element. Prior to the issuance of any buildingpermits, evidence shall be prepared under the supervision of a City certified acoustical consultant that these standards will be satisfied and shall be submitted to the Manager, Advance Planning in the form of an cotJ` Aco ustical Analysis Report describing in detail the exterior / noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorpo- rated into the design of the project. 14. All freestanding acoustical barriers shall be a berm, Condition of wall or combination berm and wall. Walls shall not contain approval holes or gaps. Walls shall be constructed of slumpstone or other masonry, material. Final acoustical barrier heights and locations shall be determined when final grading plans are developed showing lot loatloms house/huildingsctbacks and precise pad elevation. 79. At the time specific site plans and grading plans are p pa d and submittal for revtew and approval by tfie City; t e Gty hall review the plans in conjunction with the egyifon- in test 'ew process to confirm that the mitigation tneasum provided degwtely coatml construction impacts�potential- ly impacting t Newport Harbor Lutheran Chu �i, especially its pto-schoo1 o rations. If necessary, additio al conditions relatal to wwm activities maybe putt n the project approval �l 5 Method of Verification Plan check Plan check Plan check Timing of Verification Prior to building permits Prior to precise grading permits Prior to site approval or g permit. Responsible Person V,V—r Planning Dept. plan checker, Advance Planning Manager r ilding Dept plan cker f MMGA71ON MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure BicloOcal Resources 1S. • Pursuant to Section 1601-1603 of the State of Cali- fornia Fish and Game Code, the California Department of Fish and Game shall be notified of any alterations to streambed habitats. The applicant or any successors in interest shall -be responsible for notifying the Department of Fish and Game regarding any grading related to residential development and associated improvements on the San Diego Creek South, Up- per Castaways, Newporter North, and Freeway Reservation sites which would alter streambed habitats. The applicant or any successor in interest shall notify the Department of Fish and Gamc'and obtain any necessary permit prior to the issu- ance of a grading permit. Copies of proper notification and necessary permits shall be provided to the City of Newport each prior to issuance of a grading permit. The City of Ncw- port Beach shall be responsible for notifying the Department of Fish, and Game regarding any grading related to any public improvements (e.g. trails, recreational facilities, roads, drainage facilities, etc.) in areas designated for open space, public facili- ties, and/or parks which would alter strcambed habitats. The 'ty of Newport.Beach shajr notify the Department of Fish and Game and obtain any necessary permits prior to commence- ment of any grading which could alter the streambed habitat. The permits issued by the Department of Fish and Game pur- suant to Sections 1601-1603 may require additional mitigation measures deemed necessary by the Department. 16. Wetland delineation studies in accordance and con- junction with the California Department of Fish and Game and US. Army Corps of Engineers permitting processes shall be performed for any wetland which will be impacted by grading and construction activities. The applicant or any successor in interest shall be responsible for conducting the wetland dclin- dation studies for wetlands impacted by residential develop- ment or associated improvements on the Newporter North and Upper Castaways sites. If residential development or associat- ed improvements on the San Diego Creek South or Freeway Reservation sites encroach into the Bonita Creek wetland, the applicant or any successor in interest shall be responsible for conducting the wetland delineation study. The City of Newport .01 Implementing Action Condition of approval; Cal. FGC Condition of approval Method of Timing of Verification Verification Plan check Prior to grading permits for San Diego Creek South, Upper Castaways, Newporter North or Freeway Reserva- tion, or any public project affecting streambeds Plan check Prior to grading permits for any wetland area ok4-Sidt we'-R&J Responsible Person Planning/Building Dept. plan checkers; Public Works Dept. Planning/Building Dept. plan checkers; Public Works Dept. - - ■ MITTGATION MONITORING PROGRAM SUMMARY, front. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Beach shall be responsible for conducting the wetland delinca- tion studies for wetlands impacted by any public improvement- s/facilities in areas designated for open space, public facilities, and/or parks which will encroach into wetlands. The studies shall occur at the time specific site plans and grading plans are available and prior to issuance of any grading permits orcom- mencement of grading activities in areas containing wetland habitat. 17. Public use and related facility development for areas proposed for natural open space and passive park uses within the Upper Cutaways, Newporter North, Newporter Knoll, Bay View Landing, Freeway Reservation, and Jamboree/MacArthur sites shall be designed to be sensitive to existing biological re- sources. To this end, facility plans and public uses for these areas shall be prepared in consultation with a qualified biolo- gist who shall determine that such plans and uses do not ad- versety impacrsensitive resources identified on these sites (tag. wetlands, coastal sage scrub, eta). If necessary, additional environmental documentation shall be prepared at the time facility plans are prepared to determine if significant adverse impacts beyond those anticipated in this Program EIR will occur. If new significant adverse impacts arc identified, addi- tional mitigation measures shall be adopted. 1& Grading, earthmoving, and any related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South, Bay View Landing, and Newporter North sites shall be restricted as follows Upper Castaways and Newporter North - No grading-(empt that necessary for trail establishment and improvements, erosion control, bluff stabilization or prepara- tion of the development area), stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. San Diego Creek South - No grading, stockpiling of soils, or operation of cquipmentshall encroach into thearea of Bonita Qimckbeyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation or equipment shall take place within the 40 foot property line setback a= estab- lished by the Bluff Top Setback Ordinance except that ncces- Implementing Action Condition of approval; standard CEQA compliance Condition of approved Method of Verification Standard CEOA compliance review, Plan check; Field inspection Timing of Verification Prior to approval of public facility plans for natural open space/passive park areas Prior to grading permits for Upper Cutaways, San Dfo- go Creek South,Bay View Landing and Newporter North Responsible Person Environmental Coordinator Planning/Building Dept. plan checkers; grading inspector MITIGATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT' AND OPEN SPACE AGREEMENT Mitigation Measure sary for trail establishment and improvements, erosion control, bluff stabilization, or preparation of the development area; or below the lessor of the 60 foot elevation contour or a line 100 feet from a formally delineated wetland in John Wayne Gulch freshwater marsh. Bay View Landing - no grading, stockpiling of soil or operation of equipment shall encroach into the hill- side above the 25-foot contour of the lower development area. 19. Prior to grading and/or constructing any public facility on the San Diego Creek North site which will encroach into the on -site freshwater marsh, the City of Newport Beach (or other public agency responsible for development of the publie,facility) shall approve and begin implementation of a plan which shall offset the loss of wetlands. This plan shall re- flect all mitigation requirements of any State or Federal agency having jurisdiction over the affected, wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the San Diego Creek and Upper Newport Bay Ecological Reserve. 20. Prior to grading and/or constructing any residential development or associated improvement on the Upper Cast- aways site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affect- ed wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an exist- ing freshwater marsh in or near the Upper Newport Bay Eco- logical Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issu- ance.of a grading permit. 21. Prior to grading and/or constructing any residential development or associated improvement on the Newporter North site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan whichshall offset the loss of wetlands. This plan shall reflect all mitigation requirements of Implementing Action Condition of approval Condition of approval Condition of approval Method of Timing of Responsible Verification Verification Person Plan check Prior to grading Pla wilding permits for San Dept. plan checkers; Diego Cree 'o ACOE/USFWS/- DFG Plan check Prior to grading ning/Building permits for Up pe Dept. plan checkers; Castaways ACOE/USFWS/- DFG Plan check Prior to grading Planning/Buildin permits for Newpo- Dept. hfcrcers; rter North OE/USF W S/- DFG - -. MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREFMEN`r Implementing Method or Timing of Responsible Mitigation Measure Action Verification Verification Person any State orFedetal agency havingiurisdiction over the affect- ed wetlands- Offsets shall be achieved by either ereatinga-new freshwater marsh on -site or enhancing and expanding an exist- ing freshwater marsh in or near the Upper Newport Bay Eco- logical Reserves A copy of tbe,plan and all related permits shall be presented to the City of Newport Beach prior to issu- ance of a grading permit, 22, Development on the San Diego Creek South site Condition of Plan check Prior to building Planning/Building shall be designed so as to reduce the amount of light and glare approval permits for San Dept. plan checkers ' which could potentially spill over into the wetland habitats of Diego Creek South Bonita Creek and San Diego Creek and which could also im- pact the functioning of these creeks as wildlife corridors. This 1 on be achieved by avriety of mans including a combination of sensitive siting of lighted buildings; use of lighting systems .which conceal the light source andminimizelight spillage and glare; screening walls/berms; and dense landscaping along the edge of the development. Any landscaped edge screening shall include non-invasive trees and shrubs. The plant palette for the screening vegetation shall consist of dense, evergreen spe- cier which, when mixed, achieve canopy and understory of elements to provide as much screening as possible, The site plan and landscape plan for this edge shall be prepared in "saltation with a City -approved, qualified biologist. The site a23. an and landscape plan shall be approved by the City Planning epartment prior to issuance of building permits. Prior to commencing grading, all wetlands habitat in Condition of Plan check Prior to grading Planning/Building areas intended for preservation shall be temporarily fenced. approval permits for any Dept. plan checkers; Wmmeasure shall pertain only when grading, stock -piling, or development within Grading Engineer other constructionactivitiesare proposed within 100 feet of the 100 feet of a wetland , boundaries of the wetland area. A plan identifying the wetland area area and the location of the fencing shall be submitted to the . City of Newport Beach prior to issuance of ■nygrading permit 01" 9 MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure 24. This measure shall apply to the Newporter North, Newporter Knoll, Bay View Landing, Upper Castaways, San Diego Creek South and San Diego Creek North sites. Reve- getation of cut and fill slopes, bluff stabilization/remediation areas, fuel modification zones andother graded areas adjacent to existing sensitive habitat areas (e.g. at the edge of develop. ment of residential, public facilities, or recreational areas) shall be accomplished with plant palettes containing predominantly native species. Steeper slopes (greater than 2:1) shall be reve- getated with a mixture of coastal sage scrub species including California sage brush which now dominates coastal sage scrub used by California gnatcatchers. Portions of more level areas shall be revegctated with species of native perennial grasses in an attempt ,to establish native grassland. An expert in land scape =vegetation, who is knowledgeable and qualified in na- tive plant mixtures shall provide consultation into the prepam- tion of landscape plans to ensure that this measure is complied with. Landscape plans shall be approved by the City Planning Department prior to issuance of building permits for private development or commencement of grading for,public facilities and public recreational uses. 25. All non -emergency grading related to bluff stabili- zation/remediation on the Newporter North and Bay View Landing situ shall occur during the non -breeding season for the California gnatcatcher. The non -breeding season is from August 1 to January 31. 78. Prior to approval of site plans or subdivision and/or City approval of a park development plan (whichever comes first), the City shall retain a biologist to further assess the potential for human and pet intrusion into the coastal sage scrub habitat supporting the California gnatcatcher population. U./ This assessment shall be at the cost of the developer if related to site plans or subdivision, or at the cost the City if related to the park development plan. IE the level of expected intm- Sion is considered to be of sufficient magnitude to significantly impact the California gnatcatcher populations on site, mitiga- tion measures shall be designed and placed as conditions on the project to reduce the impact to the extent feasible. Such design and operational measures could include perimeter fenc- Implementing Action Condition of approval Condition of approval Method of Verification Plan check; submittal if biological report by applicant Timing of Verification Prior to building permits for private development o prior to grading for public facilities adja- cent to sensitive habitat areas in Newporter North, Newporter Knoll, Bay View Landing, Upper Castaways, San Diego Creek North or San Diego Creek South �t�� Gfrrl.Q Plan check; rior , to grading inspection pe its for Newpo- rter h or Bay View Lan 9-1 Condition of Plan check approval 10 Prior to site plan/ tentative my or park development plan approval Responsible Person Planning/Building Dept. plan checkers Planning/Building Dept, plan checkers; grading inspector Planning/Building Dept. plan checkers MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENTAND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person in& homeowner and community educcatio_n_al_proms about the potential impact ofrats on wild birdsti,- progr2wrap• ping and removing problem animals. Sl. The City of Newport Beach shall consult with the Condition of Plan check Prior to, final design Planning/Building Transportation Corridor Agency prior to final design and ap- approval approval for any Dept. plan checkcm proval of any public facility or recreational facility on the San public or Lion- Public Works Dircc- Diego Creek North site to determine feasible design and land- aI facility o San for scaping measures which will avoid interfering with the viability Diego Creek Nokik", of the San Diego Creek Northern Marsh Creation site as wild- life habitat. If the Bayview Way extension is not extended across the site, a landscaped buffer area will be provided be. tween any recreational or public facility uses and the Marsh Creation project site. M At the time of adoption of a parcel/subdivision map Condition of Plan check Prior to tentative Planning Dept. plan for the San Diego Creek South Site, the property line/develop- approval map approval for checker; Subdivision ment area boundary shalt be established at a minimum of 20 San Diego Creek Engineer feet from the toe of the existing slope adjacent to Bonita South Creek This distance, -in combination with the required build- ing setback of 5 feet, will crate a minimum 25 foot buffer from Bonita Creek. 83. The precise details of any revegetation/replacement Condition of Plan check Planning Dept. plan VQ program will be developed in conjunction with review and approval; CEQA LPPIPMor grading checker, Environ- approvat of design and grading plans when the exact nature compliance mental Coordinator and extent of impacts are known. Any such programs will be subjected to full environmental review pursuant to CEQA � O Consultation with all interested and affected resource agencies will occur as part of formulating and evaluating revegetation programs. Given recent successful xevegetation programs in Orange County, such as those conducted in Crystal Cove State Park, it is fully reasonable to expect that a properly prepared veveVation program will be successful in mitigating impacts. 1 MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure 94. Prior to the issuance of a grading permit for the Newporter North site, the project proponent shall contribute up to $10,000 to complete an Upper Newport Bay Coyote Mo- nitoring Study, to be conducted under the direction of the U.S. Fish and Wildlife Service. The study shall be completed prior to the commencement of grading. The study shall include gathering data to establish apre-construction baseline measure- ment of the number and frequency of myotes using the lower portion of Upper Newport Bay in the vicinity of the Newporter North site. If, after commencement of construction, it is demonstrated by the U.S. Fish and Wildlife Service that there has been a signifi- cant decrease in the population of coyotes in the vicinity of the Newporter North Site, due solely to development of the site, and, this decrease in coyote population has had a detrimental effect on sensitive bird species in the area, the project propo- nent shall contribute up to W,000 toward an animal manage- ment program to be administered by the Resource Agency managing the Upper Newport Bay Ecological Reserve. Earth Resources Faulting and Scismidly 26. Buildings four stories in height or higher shall be designed in accordance with requirements for seismic zone 4 as outlined in Chapter 23 of the Uniform Building Code and/or with the benefit of a site specific seismic ground response spec- trum study which would be prepared by the project geotechn- iml consultant and structural engineer to allow matching of building period with site period. The structural plans and/or ground response study shall be completed to the satisfaction of the Building Department prior to issuance of a building permit. 27. Buildings less than four stories in height shall be designed by a Structural Engineer in accordance with UBC Chapter 23 requirements for Seismic Zone 4. Non -critical structures shall be designed to withstand strong ground shaking that may accompany a maximum probable earthquake along Implementing Method of Timing of Action Verification Verification Condition of approval Condition of approval Condition of approval 12 Plan check Plan check Plan check permits for Newporter Responsible Person grading Planning/Building � Dept. plan checkers; orth USFWS Prior to building permits for any structure of 4 or more stories Prior to building permits for struc- tures with fewer than 4 stories Building Dept. plan checkers - Building Dept. plan checkers r'1q MMGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure the Newport -Inglewood Fault. Critical structures (i.e., hospi- tals, film/police, facilities, schools, eteJ shalt be designed to withstand strong ground shaking associated with a maximum credible carthquake on the Newport -Inglewood Fault. Struc- tural plans, including seismic design calculations/parameters, shall be approved by the City Building Department prior to issuance of building permits. 28. Habitable buildings shall not be placed adjacent to (above or below) slopes or bluffs where seismic induced stope orbluff failure could occur. Though the City has established a Bluff Setback Criteria for development on the top -of -bluff (Development Polity A2b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Municipal Code section 20.151.0110), the City minimum setbacks may not necessarily be V instability during an earthquake. Areas potentially prone to \Q h failures shall be identified and further evaluated by the QJ roject Geotechnical Consultant during the Tentative Tntt \�Z' p review and Grading Plan review stage. The evaluation Yl, shall be prepare( to the satisfaction of the Building Depart- ment prior to the issuance of grading permits. Grading and building plans shall reflect the iecommendationsof the evalu- ation to the satisfaction of the BuildingDcpartment. 29. In accordancewith theAlquist-Priolo Special Studies Zone Act, a Registered Geologist shall further evaluate and make recommendations regarding the potential for ground surface rupture effecting proposed development onsites where Totentially Active Faults• have been identified (Bay View Landing and Freeway Reservation sites) or on any other of the situ when: Potentially Active Faults are identified in the fu- ture. The study -shall be prepared to the satisfaction of the City Building Department and shall be prepared prior to ap- proval of a tentative tract map or grading permit whichever comes first Grading and building plans shall reflect the me- ommendations of the study to the satisfaction of the Building Department Implementing Action Condition of approval Condition of approval Vr� 13 Method of Verification Plan check Plan check Timing of Verification Prior to tentative map approval or grading permits Prior to tentative map approval or grading permit Responsible Person Building Dept. plan checkers Planning/Building Dept plan checkers Mitigation Measure liquefaction MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMENT 30. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a gcotechnical-consultant. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatcring, rill surcharging or othei appropriate measures. The Geoteehnical Consultants report shall be signed by a Certified Engineering Geologist and a Registered Civil Engi- neer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Erosion 31. Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the City Grading Engineer prior to issuance of grading permits. Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegeta- tion. Velocity reducers shall be incorporated into the design, especially where drainage devices erdt to natural ground. Implementing Method of Action Verification Condition of approval Condition of approval 32. All fill slopes shall be property compacted during Condition of grading in conformance with the City Grading Code and veri- approval fied by the project Gcotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Confor- mance with this measure shall be verified by the City Grading Engineer prior to the issuance of occupancy permits. 14 v Plan check Plan check Plan check Timing of Responsible Verification Person Prior to grading permits RV6"_ Prior to grading permits ''''// (—i1� Prior to grading permits PA Building Dept. plan checker Building Dept. plan checker Building Dept. plan checker Mitigation Measure NIMGA71ON MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Action Verification Verification Person 33. Berms and brow ditches shall be constructed to the Condition of satisfaction and approval of the City Grading Engineer. Water approval shall not be allowed to drain over any manufactured slope face. Top -of -slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the City Grading Engineer prior to issuance of grading permits. 34. Prior to the issuance of grading permits,appropriate Condition of artificial substances shall be recommended by the project land- approval sape, architect and approved by the City Grading Engineer for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped auras shall be covered with artificial substances approved by the City Grading Engineer. 35. Drainage of both surface and subsurface water over or toward the bluffs on the Upper Castaways and Newporter North sites shall be minimized Though some drainage of rainwater over the bluff face cannot be avoided, drainage con- trol devices shall be designed to direct excess water from site improvements away from the bluff faro Irrigation shall be controlled topreventexcessive infiltration into the subsurface. The project Civil Engineer shall design grading plans to mini- mize surface runoff over the bluff fares. The project Gcot- echnial Consultant shall providerecommendations to minimize subsurface water migration toward the bluff faces prior to approval of Tentative Tract maps or site plans. All design criteria for the control of surficial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. Bluff and Slope lia tabtlity 36. The project gcotechnical consultant shall review the tentative tract map and grading plan for each site and prepare a report addressing all salient geotechaical I== related to bluff and slope stability of any existing bluff or slopes. These Condition of approval Condition of approval •i \� 15 Plan check Plan check Plan check Plan check Prior to grading permits im Prior to grading Permits t to tentative or site plan at for Upper Igys or Newp- orter Building Dept. plan checker Building Dept. plan checker Building Dept. plan checker Prior to grading Planning/Building permits Dept: plan checkers 1 " V MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENTAND OPEN SPACE AGREEMENT Mitigation Measure 40. Prior to issuance of building permits, the eeotechn- ical consultant shall prepare a Rough Grading Report and As - Graded Geolechni L1�p.for-eadLgraddeed�site at the�com le- t z of Oar _ r site. The Report sha 1 summa and document cons H with all mitigation measures. The Rough setbacks. The report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be appro- ved by the City Grading Engineer. Compressible/Colbapsible Soil 41. Prior to the issuance of grading permits, written recommendations for the mitigation of compressible/mllapsible soil potential for each site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of ap- proval for the site -specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Recom- mendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressi- ble/collapsible zones, fill surcharging and settlement monitor- ing, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultanPs site -specific reports -shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the City Grading Engineer. F.xpandve/Cticmme Sod Implementing Method of Timing of Responsible Action Verification Verification Person Condition of Plan check Prior to building Planning/Building approval permits Dept. plan checkers may.. I Condition of approval 42. Written recommendations for the mitigation of ex- Condition of pansive and corrosive soil potential for each site, shall be pro- approval vided by the project corrosion consultant, geotechnical consul- tant -and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis and shall 17 Plan check Prior to grading permits Plan check Prior to building permits (y Cj v Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers 0 r MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT MitigatiorcMeasure reports shall include: l) detailed analysis of field data including surface and subsurface geological mapping; 2) laboratory ma. ing results; 3) stability analysis of existing bluffs and proposed slopes as illustrated on the tentative tract map or rough grad- ing plan; 4) conclusions; 5) recommendations for mitigation of any identified unstable bluffs or slops and/or for additional investigation. These reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engi- neer prior to issuance of a grading permit. Implementing Method of Anion Verification 37. Prior to, the issuance of grading permits, the Project Condition of geotechnical consultant and/orcivil engineershall make written approval recommendations for manufactured slope stabilization includ- ing, but not limited to, buttressing, rock bolting, grouting, slope gradient laybacks, or retaining walls. All necessary recommen- dations shalt be included in the grading plan to the satisfaction of the City Grading Engineer. X Though the City has established a Bluff Setback Criteria for development on the topaf bluff (Development Polity Diba or the Newport Beach General Plan, January 21, 1991, and Newport Beach Municipal Code section 20.151.080). the City minimum setbacks may not necessarily be adequate from a geotechnial viewpoint concerning bluff/slope instabili- ty. Prior to issuance of grading permits, appropriate safe bluff top setback mcommendations shall be determined by the pro- ject Geotednial Consultant baud on the evaluation required by Mitigation Measure 3 to the satisfaction of thcGty Grading Engineer. 39. During grading a geotechnial consultant shall mon- itor grading operations to ensure that recommendations for slope instability mitigation am implemented. Additionally, the geotechnical consultant shall evaluate slopes as they are graded through geologic mapping and analysis to ensure that no unan- ticipated conditions ate present Slope stability mitigation recommendations may require modification during grading. Compliance with this measure shall be verified by the Building Department Condition of approval Condition of approval �, 16 Plan check Plan check Feld inspection Timing of Responsible Verification Person Prior to grading permitn_ AA Prior to grading permits ( �Ps During grading Ai-. Planning/Building Dept. plan chcckers Planning/Building Dept. plan checkers Grading inspector 4 Ai M1T7GATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT' AND OPEN SPACE AGREEMENT Mitigation Measure be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the City Grading Engineer. Near Surface Groundwater 43. The project geotechnical consultant and/or civil engi- neer shall prepare written site -specific reviews of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near -sur- face groundwater and the potential for artificially induced grou- ndwater as a result of future development, and the effects groundwater may have on existing or future bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the sites and properties adjacent to the sites if dewatering is recommended. The geotechnical consui- tant and/or civil engineers reports shall be signed by a Certi- fied Engineering Geologist and Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engi- neer prior to issuance of a grading permit. All recommenda- tionsof the reports shall be incorporated into the grading, site, and building design to the satisfaction of the City Grading Engineer and City Engineer. Water Resources Water Quality 44 -cashall Prior to the issuance of grading permits, the appli- cant provide to the Building and Public Works Depart - meats haul route plans that include a description of haul 'routes, access points to the sites and watering and sweeping 0.•\program designed to minimize impacts of the haul operation. n` • These plans shall be reviewed and approved by the Public N (� L`LWorks Department. Copies of the plans shall be submitted to 111 ��- the City's Planning Department. Implementing Action Condition of approval Condition of approval Method of Verification Plan check Plan check Timing of Verification Prior to grading permits F4 Prior to grading permits R 14. Responsible Person Planning/Building Dept. plan Fheckcrs; City Grading Engi- neer, City Engineer Planning/Building Dept. plan checkers; Public Works Dircc- tor AO MITIGATION MONTORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMEN'AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person 45. Prior to the issuance of grading permits, the appli- Condition of Plan chcck; Prior to grading Planning/Building cant shall incorporate the following erosion control methods approval field inspection permits Dept plan checkers, 7k into grading plans and operations to the satisfaction of the City grading inspector ��l Grading Engineer and Building Department a. An approved material such as straw, wood chips, r/ plastic or similar materials shall be used to stabilize r graded areas prior to revegetation or construction. b. Air -borne and vehicle-bome sediment shall be con. trolled during construction by. the regular sprinkling of exposed soils; and the moistening of vehicles loads. a As approved material such as rip rap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrated runoff. d. During the period of construction activity, existing vegetation which will be retained on -site shall be protected from traffic by the use of fences. If ap- propriate, buffer strips or vegetative filter strips, such as tall sands of grass, can be used as an alter- native and/or supplementary method to protect agiirsst sediment buildup. 4G Prior to the issuance of grading permits, the project Condition of Plan chcck, Prior to grading Planning/Building geotechnial consultant and/or civil engineer shall develop a approval field inspection permits Dept. plan checkers; plan for the diversion of stormwater away from any exposed grading inspector slopes during grading and construction activities. The plan f) shall include the use of temporary rightof--way diversions (Lee, berms or swales) located at disturbed areas or graded rightof- ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. 47. The applicant shall provide a temporary gravel en- Condition of Plan check EPAor�togradingPlanning/Building Uancelocatedateveryconstructionsiteentrance, Theloation approval field inspection t t= *S of this entrance shall be incorporated into grading plans prior V7ding inspector to the issuance of grading permits. To reduce or eliminate �`."_� 19 X Mitigation Measure MITIGATION MONITORING PROGRAM SUMMARY, coot. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT - Implementing Method of Timing of Responsible Action Verification Verification Person mud and sediment carried by vehicles or runoff onto public rights -of -way, the gravel shall cover the entire width of the en- trance, and its length shall be no less than fifty feet. The en- trance plans shall be reviewed and approved by the CityEngi- neer and Grading Engineer concurrent with review and approv. 51 f grading plans. 48. The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right.of- ways to decrease and filter runoff levels while permitting con- struction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. 49. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a dmin- age. The'basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utili- ties or roads. The plan shall be reviewed and approved by the City Grading Engineer. 74. Prior to issuance of grading permits, the applicant or successor in interest shall prepare a plan for approval by the City of Newport Beach G din Engineer for the control of accidental spills, litter, and sc id waste is sal during grading and ebnstmction. E)dsting policies and standards of the City of Newport Beach and Fire Department shall be incorporated. The plan shalt be implemented as necessary during grading and construction activities. 75. Any recorded CC&Rs shall incorpomte mandates to the Homeowner's Associations, commercial properties manage- ment and apartment management companies regarding: Fertilizer/Pestidde/Herbicide manage- ll Un ment practices Condition of approval Condition of approval Condition of approval Condition of approval 20 Plan check; field inspection Plan check; field inspection Prior to grading pcmtits All DVO- Prior to grading permits; during grading tRa. Planning/Building Dept. plan checkers; grading inspector Planning/Building Dept. plan checkers; grading inspector Plan check; field Prior to grading Planning/Building inspection permits Dept. plan checkers; •�t.t.SSGL 1 44e4&l y Grading Engi- neer, grading/buil- p , ding inspectors Plan check Prior to occopanty Planning/Building �"Id�� permits Dept. plan checkers J �` i O V) P�vlat MITIGATION MONITORING PROGRAM SUMMARY, cent. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Mitigation Measure Action Irrigation Management Practices Street sweeping requirements: vacuum truck, fall cleaning, etc. Signage and catch basin stencil mainte- nance. • Annual distribution of informational bro- chures (see Mitigation Measures #77). These mandates shall be reviewed and approved by the City of Newport Beach prior to issuance of occupancy permits. 76. The City of Newport Beach, homeowners associa• Condition of [ions, and commercial and apartment property management approval companies shall maintain legible stenciling on any catch basin that they maintain. Stenciling shall use selected letters and/or symbols approved by the City of Newport Beach notifying the reader that the catch basin drains to the Newport Bay and to wam against dumping. 77. Brochures (such as the'Nonpoint Source Pollution' Condition of brochures published by the Orange_ County. Food.. Control approval Distri shall be distributed at the time of initial sale o e of residential and commercial properties. These broc v es shall include a discussion of: - - Impacts of improper solid waste practices and littering. Proper use and management of fertilizers, herbicides and other harmful chemicals. Impacts of dumping oil, antifreeze, pesti- cides, paints, solvents, etc. into storm drains. Effective housekeeping practices such as use of bio-degradable cleaning compounds and adsorbents. Benefits of preventing excessive erosion and sedimentation. Benefits of proper landscaping practices Benefits of minimizing non-stormwater runoff or adverse impacts of ovcr-irriga- tion. V '� 21 Method of Timing of Responsible Verification Verification Person Plan check: field Prior to entative Planning/Building inspection map or $ it plan Dept. plan checkers; approval Public Works inspec- tor Plan check Prior to occupancy Planning/Building permits Dept. plan checkers \\1V - L' IlYY_4 �Q�^ ''•r �I , MITIGA"TION MONITORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person These brochures shall be reviewed and approved by the City Newport Beach prior to issuance of occupancy permits. Drainage Patterns 50. Prior to issuance of a grading permit, the master Condition of Plan check Prior to grading Planning/Building plans of water, sewer and storm drain facilities shall be ap- approval permits Dept. plan checkers: proved by the City Engineer. Any systems shown to be re- City Engineer quired by the review shall be the responsibility of the develop- , er, unless otherwise provided for through an agreement with the property owner or serving Agency. Cultural Resources Archaeology ALL PROJECT SITES 51. All sites shall be mitigated pursuant to Council Poli. Condition of Plan check; Prior to grading Planning/Building ryK-5. Where further testing or salvage is required, the appli. approval field inspection permits; during Dept. plan checkers; cant shall select a Cityapproved qualified archaeologist to grading grading inspector excavate a sample of the site. All testing and salvage shall be ' conducted prior to issuance of grading permits -or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the _ completed data recovery program. 52. The applicant shall donate all archaeological materi- Condition of Review by archaeo/- Prior to building Planning/Building al, historic, or prehistoric, recovered during the project, to a approval palco monitor permits Dept. plan checkers local institution which has the proper facilities for curation, dis- play and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. ' 53. Any excavation of a site located within the Coastal Condition of Plan check y Prior to grading Planning/Building zone of more than two -surface meters of dirt shall require a approval permits 22 MITIGATION MONITORING PROGRAM SUMMARY, coot. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure coastal development permit prior to commencing the "cava- tion. All provisions of the California Coastal Commission guidelines shall be complied with. UPPER CASTAWAYS 54. Prior to any grading related to development of the bluff trail system, open space uses or bluff stabilization which could impact CA-Ora49 and CA-Ora-186 on the Upper Cast. sways site, the sites shall be subjected to test excavations by a City approved archaeologist (experienced in both historic and pm -historic archaeology) to determine site integrity, extent and significance. The methodology of the test excavation shall re. flea the recommendations contained in the Cultural Resources report prepared for this Program EIR A report shall be pre- pared detailing all findings and recommendations and submit- ted to the Planning Department within 90 days of completing test excavations BAY VIEW LANDING Implementing Method of Timing of Responsible Action Verification Verification Person Condition of approval 55. Prior to issuance of a grading permit, CAOmd098 Condition of shall be surfacecolleacd and subjected to test excavations by approval City approved archaeologist to determine site integrity, extent and signiftaaee. A report shall be prepared detailing all find- ings and submitted to the Planning Department within 90 days of completing test excavations. 56. Prior to grading for the new park, the project spun- Condition of sor shall retain a City approved archaeologist to conduct a approval surface collection and subsurface test excavation of CA-Ora-66 to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test exrzva- tions. 57. Prior to grading for the view park, the project spun- Condition of sor shall retain a City approved archaeologist to place a test approval unit on top of the knoll on the Bay View Landing site in the 23 Dept. plan checkers, -A-?- rpelJ Coastal Commission r Plan check Prior o grading Planning/Building pernits n Upper Dept. plan checkers Castaways Plan check Prior to grading Planning/Building permits on Bay View Dept. plan checkers Landing Plan check Prior to grading Planning/Building permits on Bayview Dept. plan checkers Landing Plan check Prior to grading Planning/Building permits on Bay View Dept plan checkers Landing MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure area containing shell scatter, to determine if the shell is repre- sentative of a subsurface archaeological deposit. A report shall be prepared detailing all findingsandsubmitted to the Plan- ning Department within 90 days of completing the test exca- vation. NEWPORTER NORTH Implementing Method of Timing of Responsible Action Verification Verification Person 58. Prior to the use or development of the open space Condition of areas for passive recreational uses, CA-Ora-51 and CA-Ora-518 approval on the Newporter North site shall be surface collected and sub- jected to tut excavations to determine site extent and signif- icance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of com- pleting test excavations. 59. Prior to the issuance of a grading permit, the appli- Condition of cant shall conduct a surface collection of the eastern extension approval of CA-Om-100 which would be impacted by grading and/or development of residential uses. The surface collection shall be conducted by a city approved archaeologist. A report shall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days of com- pleting the surface collection. 60. Prior to the issuance of grading permits, the appli- Condition of cant shall conduct a data recovery of program CA-Ora-64 on approval the Newporter North site. The program shall be conducted by a City approved archaeologist. A report shall be prepared detailing all findings and submitted to the Planning Depart- ment within 90 days of completing the data recovery program. 61. Prior to issuance of a grading permit for residential Condition of development or any bluff stabilization, a qualified archaeologist approval shall review grading and drainage plans to determine if there are any indirect or direct impacts to CA-Ora-51, 52 and 518. If impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Plan- ning Department within 90 days of completing test excavations. 24 v Plan check Prio to gmding Planning/Building pemtds, for open Dept. plan checkers space areas on Nc- wporter Abrth Plan check Prior to,., grading Planning/Building permits on Newpo- Dept, plan checkers rter North Plan check \Prior to grading Planning/Building rmis on Newpo- Dept. plan checkers rter Orth Plan check �rior to grading Planning/Building permits on Newpo- Dept. plan checkers rter North MMGATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure NEWPORTER KNOLL 62. Prior to any grading or use of the site, the City shall conduct a surface collection of archaeological material present on the top of the hill of the Newporter Knoll, with test units placed on the hill to determine site significance and bound- aries. One unit shall be placed in the recorded area of CA- Ora-50 to determine if a portion of the sitc,still exists. A re- port shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing surface collection lest excavation. BLOCKSW 63. Prior to the issuance of a grading permit a qualified City approved archaeologist shalt conduct a surface olllecion of CA-Ora-136 on the Block 800 site and subject the site to tat excavations to determine site extent and significance. A tat unit shall also be placed in the northern portions of the parcel to determine if a subsurface midden is under the as- phalt and trash. A report shall be prepared detailing all find- ings and submitted to the Planning Department within 90 days of completing test excavations. CORPORATE PLAZA WEST Implementing Method of Timing of Responsible Action Verification Verification Person Condition of approval Condition of approval 64. Prior to the issuance of a grading permit, a City ap. Condition of proved qualified archaeologist shall dig post holes in the areas approval containing surface the0 on the Corporate Plaza War site to determine if the shell represents sub -surf= archaeological deposits. A report shalt be prepared detailing all findings and submitted to the Planning Department within 90 days of com- pleting sub -surface testing. 65. Prior to the issuance of grading permit, the surface Condition of near the southern section of the property shall be examined by approval at City approved qualified archaeologist after removal of brush and prior to any ground disturbance A report shall -be pre - p� 25 V Plan check Plan check Plan check Plan check Prior I grading permits o Newpo- rter Knoll t Prior to grdtl�\ingp permits on Block Prior 'to grading permits on, Corpo- rate Plaza Wat PA to grading permits on Corpo- rate Plaza West Planning/Building Dept. plan checkers Planning/Building Dept. plan chakers Planning/Building DepL plan checkers Planning/Building Dept plan checkers MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Action Method of Verification Timing of Verification Responsible Person pared detailing all findings and submitted to the Planning De- partment within 90 days of.completing the surface examination. FFMffWArFS5ffR�VAnON 66. Prior to issuance of a grading permit for the north- Condition of Plan check Prior to grading Planning/Building ern development area (Lot 2), a City approved qualified ar- approval permits on Lot 2 of Dept. plan checkers �( chaeologist shall examine the surface of areas previously identi- Precway Reservation \\`{\ fled as CA-Ora-216. The examination shall be conducted after Ni removal of brush but prior to grading. A report shall be pre- pared detailing all findings and submitted to the Planning De- partment within 90 days of completing the surface examination. Paleontology 67. Prior to the issuance of grading permits, a collection Condition of Plan check Prior to grading Planning/Building plan shall be prepared and implemented by a City approved, approval , permits on Bay View/ Dept. plan checkers qualified paleontological monitor for known exposed fossil Landing, Newpo�r r localities on Bay View Landing, Newportcr North, and Upper North and Upper Castaways. Because of the small nature of some fossils present Castaways in these rock units, matriw samples shall be collected for pro- cessing through fine mesh screens. The collection plan shall be reviewed and approved by the Planning Department. 68. Prior to the issuance of grading permits, the appli- Condition of Plan check Prior to grading Planning/Building cant shall make provisions for the preparation and cumtion of approval permits Dept. plan checkers all fossils possibly recovered from the situ during grading. l This shall be done in a manner approved by the City's Planning Department. 69. Prior to the issuance of grading permits, the appli- Condition of Plan check Prior to grading Planning/Building cant shall identify a repository approved by the City's Planning approval permits Dept. plan checkers Department which shall receive all fossils collected from the sites. 70, Cliff faces along Upper Newport Bay that have Condition of Plan check Prior to grading Planning/Building served as a reference section for micro-palcontological studies approval permits affecting Dept. plan checkers _ shoull be protected, from alteration. If bluffs along Newport bluffs Bay need to be altered for bluff stabilization purposes, detailed 26 MITIGATION MONITORING PROGRAM SUMMARY, front. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEhIEM' Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person measured sections and samples shall be made before and after alteration. Samples shall be prepared and analyzed as part of e The City of Newport Beach shall responsible r retaining fining a qualified paleontologist to conductt the compara- bve study and sampling. A report shall be submitted to the Planning Department within 90 days. PdblieServices and Utilities irw Enforcement 71. The project proponent shall work in conjunction with Condition of Plan check Prior to budding Planning/Building the City of Newport Beach Police Department to ensure that approval permits Dept. plan checkers; crime prevention features are included in building design and Police Dept. construction. The City of Newport Beach Police Department shall review all site plans and access plans. Water 71. Prior to issuance orgrading permits for thodevclop• Condition of Plan check Prior to grading Planning/Building meat site; the applicant shall be responsible for preparation of approval permits Dept. plan checkers; a Master Plan of Utilities. The Master Plan of Utilities will City Engineer determine any necessary expansion of facilities and/or any modifications, upgrades or extensions to the existing water systems resulting from this project. All necessary expansions of facilities and/or upgrader or extensions of existing water sys terns needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate othennisq The plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. Wastewater 73. Prior to issuance of grading permits, the developer Condition of Plan check Prior to grading Planning/Building will provide a Muter Plan of Utilities facilities for the on -site approval permits Dept plan checkers; development in -order -to detemdne the exact necessarymodi6- City Engineer cations or extensions to the existing sewer systems, if needed. All necessaty expansions or facilities and/or upgrades orexten- sions of existing water systems needed as; a resultof the project, will be the responsibility of the developer, unless current dis- \ 27 MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Mitigation Measure Action Verification Verification trict or City policies dictate otherwise. The Plan shall be re- viewed and approved by the City Engineer prior to issuance of grading permits. Land Use 80. Prior to approval of a site plan review for the Upper Castaways site, the applicant or successor in interest shall pro- vide evidence that they have consulted with the Newport Har- bor Lutheran Church regarding the design of the residential development. Design issues to be addressed include, but are not limited to: parking, access, location and placement of struc- tures, directional signage, and landscaping. F:\...\CIOSA\MM-TDL Condition of Plan check, Prior to site plan approval approval f Upper Castaways 28 Responsible Person Planning Dept, plan checker NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of The Irvine Company for Amendment No. 814, Tentative Map of Tract 12309, and Site Plan Review No. 72 on property located at 3100 jamboree Road. Request to amend the North Ford Planned Community District Regulations to modify the parking requirements for area 4 of the development plan to allow for the reduction of forty parking spaces as required to comply with the requirements of the U.S. Fish and Wildlife Service. The application also includes a request to subdivide the property to allow condominium development on the site, as well as approval of the site plan as required by the District Regulations., NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department; City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659-1768 (714) 644-3225. Notice is hereby further given that said public hearing will be held on the 5th day of TanugM1995, at the hour of 7:30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at; or prior to, the public hearing. For information call (714)644-3200. Tod Ridgeway, Secretary, Planning Commission, City of Newport Beach, NOTE: The expense of this notice is paid from a filing fee collected from the applicant • Woollen. Jr • • Chiet Executive Officer $an.�^aaW^•°J'a F�-•.]T.n� Easler� .JciterD Kreufzen Car..=4_ercy Cornaor Agenc• �'+'' „✓ Executive Vice President .rP; en Finance & Administration Chd';'*`or• PC*,,: a Aces Ct•c rmcn Sco•r Dehl ' G•egory G Henk ;c•..�a'•g.:ei ScnCferrer'e TRANSPORTATION CORRIDOR AGENCIES Executive Vice President Design & Construction December 23, 1994 t John H. Douglas, AICP Environmental Coordinator City of Newport Beach Planning Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Baypoint (San Diego Creek South); Negative Declaration Dear Mr. Douglas: The Transportation Corridor Agencies (TCA) appreciates the opportunity to review and comment on the subject document. Staff has reviewed the Negative Declaration for the proposed Baypoint project and provides the following comments for your consideration: TCA requests clarification on whether the project noise study assumed traffic on the future SJHTC ramp, JR-5. If the project noise study did not assume traffic on future JR-5, TCA respectfully requests that the noise study be amended to: 1) assume traffic on future JR-5, 2) analyse the effect of such traffic on the proposed Baypoint project and 3) propose mitigation if necessary. 2. TCA also respectfully requests that the project applicant be required to furnish disclosure statements to prospective tenants/buyers regarding the future location of the SJHTC ramp JR-5 Should you have any questions regarding these comments, please contact Laura Coley Eisenberg of my staff at (714) 513-3482. Sincerely, Love Letterly, irector fW Environmental Services 201 E. SANDPOINTE AVE.. Su1TE 200, P.D. BOX 26870, SANTA ANA. CA 92799.8670 7141436-9800 FAX 714/436-9848 / / 2 Members: Anaheim . costo Meso . Counry• c' O•onge . Dona Point . Irvine • Lake Forest . Loguno Hills . Laguna Niguel . Mission Viejo . Orange . Newport Beach . Santo Ana . Son C.emente . So- Juon Capistrano • Tustin . Yorbo Linda ® ;e:,: tie=xe• CITY OF COSTA MESA CALIFORNIA 92628.1200 PA. BOX 1200 DEVELOPMENT SERVICES DEPARTMENT December 6, 1994 Mr. John Douglas City of Newport Beach Planning Department P.O. Box 1768 Newport Beach, CA 92658-8915 RE: BAYPOINT RESIDENTIAL PROJECT DRAFT NEGATIVE DECLARATION Dear Mr1 Douglas: 13.• . .—i •�-r�.•Jle The City of Costa Mesa has reviewed the Draft Negative Declaration for the Baypoint residential project located at the corner of Jamboree Road and University Drive. Since the 300-unit project is consistent with previous approvals, the City of Costa Mesa has no comments on the environmental document. Thank you for the opportunity to comment. sincerely, ' KRIfISTEN C. PETROS Associate Planner :jt (BAYPACP) 77 FAIR DRIVE ' Bmlamg Division (714) 754.5273 • Code Enloroemen( (714) 754.5623 • Planning Division (714) 7$4.5245 C.I.-•• eel-•wt • TAM i1H1-1••1..1 //� ' IOUTHER"GOVERnMEnnT/ R!/OCIRTIOn OF 818 West Seventh Street,12th Floor • Los Angeles, Califorlia 90017-3435 ❑ (213) 236-1800 • f FAX (213) 236-1825 }'•�.f't!"Isil l'Q �� S.t:: tJ,f?!Ki lvh..��•.. December 5, 1994 AM DEC 1 % 1994 PM Ms. Patricia Temple 7181911011111211121314A6 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: SCAG Clearinghouse N: 19400567 Project Title: BAYPOINT (SAN DIEGO CREEK SOUTH) Dear Ms. Temple: \Ve have reviewed the above referenced document and determined that it is not regionally significant per Areawide Clearinghouse criteria. Therefore, the project does not warrant Clearinghouse comments at this time. Should there be a change in the scope of the project, we would appreciate the opportunity to review and comment at that time. A description of the project will be published in the December 15, 1994 Intergovernmental Review Report for public review and comment. The project title and SCAG Clearinghouse number should be used in all correspondence with SCAG concerning this project. Correspondence should be sent to the attention of the Clearinghouse Coordinator. If you have any questions, please contact Dan Akins at (213) 236- 1972. Sincerely, &" �'� ERIC H. ROTH Manager, Intergovernmental Review Sldla Mendoza C Angeles. Robert f mson City of Los. 'ity of Buena Park. Ed Edelman Los Angeles CountySccond Vice President. John Longsille City w City of Bell; Ronald Bates City of Los Alamitos, George Belley. Jr. City of Press. Tom Bradleyy City of Los Angeles, Marvin Braude Cityry of Los Angeles. �.t-. w tt... burn.. Tn City of V ctorsille. John Cox City of P;cwwrtBe Palm David TECHNICAL; NOTES BAYPOINTE"APARTMENT PARKING ANALYSIS NOVEMBER=1994 116 BAYPOINTE APARTMENT PARKING ANALYSIS Technical Notes Prepared for: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 Prepared by: Austin -Foust Associates, Inc. 2020 North Tustin Avenue Santa Ana, CA 92701 November 10, 1994 BAYPOINTE APARTMENT PARKING ANALYSIS Technical Notes INTRODUCTION The Irvine Company is proposing to build 300 one and two -bedroom apartments on the northeast corner of Jamboree Road and University Drive. This project will provide a total of 710 parking spaces, 40 spaces less than City code requires. This analysis investigates the impact, if any, of the reduction of 40 parking spaces. The analysis takes the form of a review of available parking data for similar apartment/condominium units and conducts an actual case study of the Newport North Apartments located directly across Jamboree Road from this site. A review of parking experience from similar apartment/condominium projects in Orange County disclosed interesting findings with regards to actual peak parking for apartments based on dwelling units as well as bedrooms. The results of apartment/condominium studies in East Tustin and Anaheim (see appendix for actual data) discloses observed parking demand for one and two bedroom units in the range of 1.75 to 2.25 vehicles per unit, or 0.69 to 0.95 vehicles per bedroom. Similar studies elsewhere in Orange County rinds actual parking demand for apartments ranging from 1.7 to 2.0 spaces per unit. Both of these studies include visitor parking. Based on nationwide data, TTE recommends 1.73 space/DU (based on a 95 percent confidence level). ULI recommends 1.6 spaces per unit, with a maximum observed rate of 1.85 spaces per unit. The findings of our research of existing information is that a parking supply of 2.0 to 2.25 for one and two -bedroom units constitutes the maximum any studies have found. The Newport North Apartments provide an excellent opportunity for a case study of future parking demand of Baypointe. This project, which includes 570 units, 93.7 percent of which are occupied, was observed on two different days - a weekday and Saturday. The parking counts were taken early in the morning (4:00 - 6:00 AM.), when virtually all residents were home. The Newport North Apartments are mostly one and two -bedroom units with 44 of the 570 total units having three bedrooms. The findings of this case study indicate a peak parking demand (based on 100 percent occupancy) of 1.49 spaces per unit which is equivalent to 0.96 spaces per hedroom. n■ypotnte Aputment Fuldng Ansilsfs 1 Ausun-Fomt AswLrtes, Ino T"hnlal Notes 010197.TS 1109/94 11f The actual parking at Newport North Apartments fall well within the range of other apartments in Orange County. Therefore, it seems evident that a peak parking demand rate of 2.0 to 2.25 spaces per unit (or one space per bedroom) would be appropriate for application of Baypointe. Using a worst case rate of 2.25 spaces per unit equates to a parking requirement of 675 spaces for the 300 units in Newport North. Actual peak parking usage can be expected in the range of 450 to 600 spaces based on an actual observed usage of 1.5 to 2.0 spaces per units. Investigation of the distribution of the parking supply, compared to the location of units, indicates a consistent pattern in all four quadrants of the site plan with 2.0 spaces per unit provided There are 110 open guest spaces located in the vicinity of the pool/clubhouse which, while serving these functions well, are only usable by a relatively small portion of the apartment units themselves. However, based on an actual demand of 1.5 spaces per unit (as observed in Newport North) for use by the residents themselves, (there were not too many visitors at in the complex at 4:00 A.K), each of the four sub -areas is expected to have sufficient parking available. CONCLUSION In conclusion, it appears the provision of 710 parking spaces (2.37 parking spaces per unit) in the Baypointe Apartment project is more than adequate to meet anticipated peak demand, with better than 95 percent certainty that the actual parking demand will not exceed the supply. Further, the distribution of open parking spaces. although heavily concentrated in the central recreational area, still provides 2.0 spaces in close proximity to each unit. The actual peak parking by residents themselves is not expected to exceed 1.5 spaces per unit based on similar experience elsewhere in Orange County. Baypointe Apartment Parking Analyst 2 Amtln•Foast Aswctks, Inc Technical NOW 010tt7.TN 11/09/94 APPENDIX jai PARKING SUMMARY Unit Count 1 Bedroom 2 Bedroom Parking Requirements Residential Spaces/Unit Covered Open Guest Total Spaces Required 300 x 2.5 = 750 Spaces Parking Provided Garages Building Type A* B C** Total Less 2 garages on Bldg. 1 ** Less 2 garages for Maintenance Open Spaces Total Parking Provided Total Parking Provided/Unit 'BAYPOINTE APARTMENTS" 92 208 300 1.0 1.0 0.5 2.5 Number of Garages/ Total Buildings Building Garages 6 22 130 7 22 154 10 8 78 362 710 2.4 Table A•1 ANALYSIS OF ANAHEIM MULTIFAMILY PARKING STUDY Average Avg + 0.25 Vehicle No. of Current Countywide Vehicle + Visitor Ownership Study Stnff 71C Bedroom City Code Avenge Ownership Ownership (95%) Recom'd Proposal Reeom'd 0 1.5 •• 0.98 1.13 1.14 125 1.30 1.25 1 2.5 1.87 1.38 1.63 1.46 1.75 1.85 1.7520 2 2.5 213 1.90 2.15 2.0 2.25 25 2.25' 3+ 3.5 2.39 2.54 2.79 3.07 3.0 3S 23- ' + 0.25 d a two car is garage provided Instead of open parking. Table A•2 EAST TUSTIN APARTMENT PARKING COMPARISON WITH ANAHEIM STUDY RESULTS Average Vehicle No. of Iledrooms Rancho Rancho Sladeras 'lterr Ownership Per Bedroom (Anaheim Study) 0 24 20 0.88 l 24 0 0.69 2 218 216 U.95 3 U 36 0.85 TOTAL UNITS 266 251 N/A TOTAL BEDROOMS 4ba 540 N/A TOTAL VEHICLE OWNERSHIP 447 432 NIA TOTAL VEHICLE PER DWELLING 1.68 1.71 133 • L80 TOTAL VEHICLE PER BEDROOM 0.97 0.80 0.69.0.95 Table A3 City of Orange Parking Study Type of Unit Resident Guest Total Studio 1.0 0.2 1.2 1 Bedroom 1.5 0.2 1.7 2 Bedroom 1.8 0.2 2.0 3 Bedroom 2.0 0.2 2.2 Table A-4 Baypotnte Apartments Parking Dislribuboa Sub -arm Units Total Spaces Garages Open A 92 184 118 (64%) 66 (36%) B 90 180 104 (58%) 76 (42%) C 72 144 88 (61%) 56 (39%) D 46 92 52 (57%) 40 (43%) E 0 110 0 % 110 (100%) TOTAL 300 710 362 (51%) 348 (49%) 10/ 1 1194 IRVINE APARTMENT COMMUNITIES, INC. Multi -family Parking Ratio Analysis Comparison of Parking Requirements by Jurisdiction !!vine (Apt.) _ Irvine Condo Tustin I Z .. _ County _._.. I'duest Unit Guest Total Unit Guest Total Un!t Guest Total Unit - Guest 7- � I -- L�. I :: _ Newport Beach Total -- - - - - -- _.--.. - unit Guest Total (a) Studio 1.00 0.25 1.25 1.00 0.70 1.70 1.00 0.25 1.25 1.50 0.20 -� - --1- 11..70 2.00 0.50 2.50 1-Bed 1.40 0.25 1.65 1.50 0.70 2.20 1.50 0.25 1.75 1.50 020 1.70 2.00 0.50 2.50 2-Bed 1.60 0.25 1.85 2.00 0.70 2.70 2.00 0.25 2.25 2.00 0.20 2.20 2.00 0.50 2.50 3-Bed 2.00 025 - 2.25 2.00 0.70 - 2.70 2.00 0.25 2.25 2.50 0.20 ^2 70 2.00 0.50 2.50 ' (a) Ratio if resident parking is in garages. !f resident parking is in carports, ratio is reduced to .4 (b) Represents maximurn parking count. Reduced count is negotiable based W7 appropriate justification, $an Diego Creelc iZoutll Parking 120uction Analysis Cu_ rrent Requ!rement 40 Space Reduction Total I Pailiing Ratio I Total Total Parking Ratio Total Units Unit I Guest I Total Spaces Units , Unit I Guest I Total (Spaces 1-Bed 92 200 050 2.50 230 92 156 050 206 190 2-Bed 208 2.00 0.50 2.50 520 208 2.00 0.50 250 52Q Total NO 750 2QQ 710 Overall Ratio N 2.§7 SCS-PARK.WK4 t Traffic Data Services, Inc. (714) 541-2228 PARKING STUDY LOCATION: NEWPORT NORTH APARTMENTS CITY: NEWPORT 2 MILANO BEACH DATE: 11/3/94 ----------------------------------------------------------------------------- DAY: THURSDAY FILENAME: 11403PO2 TIME ZONES ZONES Period Beginning ----------------------------------------------------------------------------- 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 206 235 248 •110 140 65 1004 12:15 PM 52 58 71 29 33 22 255 1:30 PM 60 53 67 28 28 20 256 2:00 PM 57 49 63 31 30 24 254 COMMENTS: VOLUMES ARE FOR COVERED SPACES (AS CARPORTS), UNCOVERED SPACES 5 STREET PARKING. NO VEHICLES PARKED ON STREET DURING THESE PERIODS. Traffic Data Services, Inc. (714) 541-2228 PARKING STUDY LOCATION: NEWPORT NORTH APARTMENTS CITY: NEWPORT 2 MILANO BEACH DATE: 11/4/94 ----------------------- ----------------------------------------------------- DAY: FRIDAY FILENAME: 11403POI TIME ZONES ZONES Period Beginning ---------------------- 1 2 3 --------------------------------------------------- 4 5 6 7 8 9 10 11 12 TOTAL CV SPACES: 121 136 143 66 85 43 --- UN SPACES: 85 99 105 44 55 22 594 410 CV PRKG 4:00 AM 77 118 119 56 70 39 TO 479 4:43 AM UN PRKG 4:00 AM 42 72 62 34 24 15 TO 249 4:43 AM ST PRKG 4:00 AM 7 2 13 4 19 11 5 TO 6 4:43 AM ---------------------------------------------- ----------------- COMMENTS: CV - COVERED SPACES (AS CARPORTS) UN - UNCOVERED SPACES ST = VEHICLES PARKED ON STREET I' Traffic Data Services, Inc. (714) 541-2228 PARKING STUDY LOCATION: NEWPORT NORTH APARTMENTS CITY: NEWPORT 2 MILANO BEACH DATE: 11/4/94 DAY: FRIDAY FILENAME: 11403POl ----------------------------------------------------------------------------- TIME ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL ----------------------------------------------------------------------------- CV SPACES: 121 136 143 66 85 43 594 UN SPACES: 85 99 105 44 55 22 410 CV PRKG 4:00 AM 77 118 119 . 56 70 39 479 TO 4:43 AM UN PRKG 4:00 AM 42 72 62 34 24 15 249 TO 4:43 AM ST PRKG 4:00 AM 7 2 13 4 19 li E6 TO 4:43 AM ----------------------------------------------------------------------------- COMMENTS: CV = COVERED SPACES (AS CARPORTS) UN = UNCOVERED SPACES ST = VEHICLES PARKED ON STREET l� J Traffic Data Services, Inc. (714) 541-2228 PARKING STUDY LOCATION: NEWPORT NORTH APARTMENTS CITY: NEWPORT 2 MILANO BEACH DATE: 11/5/94 DAY: SATURDAY FILENAME: 11403P03 TIME ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL ------------------------------- --------------------------------------------- CV SPACES: 121 136 143 66 85 43 594 UN SPACES: 85 99 105 44 55 22 410 CV PRKG 4:00 AM 77 111 117 .55 69 42 471 TO 5:00 AM UN PRKG 4:00 AM 44 78 71 35 26 13 267 TO 5:00 AM ST PRKG 4:00 AM 6 1 14 5 21 12 59 TO 5:00 AM COMMENTS: CV = COVERED SPACES (AS CARPORTS) UN = UNCOVERED SPACES ST = VEHICLES PARKED ON STREET /-'�-y Traffic Data Services, Inc. (714) 541-2228 PARKING STUDY LOCATION: NEWPORT NORTH APARTMENTS CITY: NEWPORT 2 MILANO BEACH DATE: I1/3/94 DAY: THURSDAY FILENAME: 11403P02 ----------------------------------------------------------------------------- TIME ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL ----------------------------------------------------------------------------- SPACES: 206 235 248 110 140 65 1004 12:15 PM 52 58 71 29 33 22 265 1:30 PM 60 53 67 28 28 20 256 2:00 PM 57 49 63 31 30 24 254 COMMENTS: VOLUMES ARE FOR COVERED SPACES (AS CARPORTS), UNCOVERED SPACES & STREET PARKING. NO VEHICLES PARKED ON STREET DURING THESE PERIODS. PRELIMINARY NOISE ANALYSTS FOR TRACT 12309 - LOT 10 - "BAY POINT" CITY OF NEWPORT BEACH Report #94-243 November 29, 1994 Prepared For: Irvine Apartment Communities 550 Newport Center Drive, Suite 700 Newport Beach, CA 92660 Prepared By: Paul Dunholter, P.E., Principal Glen Jeffries MESTRE GREVE ASSOCIATES 280 Newport Center Drive Suite 230 Newport Beach, CA 92660-7528 (714)760-0891 Mestre Greve Associates Report #94-243 Page 1 SUMMARY OF MITIGATION MEASURES REQUIRED FOR TRACT 12309 - LOT 10 - "BAY POINT" CITY OF NEWPORT BEACH EXTERIOR NOISE LEVELS The rear yard areas in Tract 12309 must comply with the outdoor noise standard of 65 CNEL for the City of Newport Beach. The analysis indicates that some of the rear yard areas along the San Joaquin Hills Transportation Corridor, Jamboree Road, and University Drive will be exposed to traffic noise levels in excess of 65 CNEL, and therefore, will require mitigation in terms of noise barriers. The noise barriers along these roadways should be located at the top -of -slope. The top -of -slope refers to the higher elevation between the pad and roadway elevation. The analysis was based on the "Grading Exhibit - Bay Point Apartments" by Adams Streeter Civil Engineers, Inc. dated November 2, 1994. Table S shows the required wall heights for the project along the three roadways. TABLE S WALL HEIGHTS AND TOP -OF -WALL ELEVATIONS ALONG THE BAY POINT PROJECT TYPE OF BARRIER APPROXIMATE BARRIER HEIGHTS` (FEET) ABOVE PAD ELEVATION San Joaquin Hills Transportation Corridor Wall 8.5 A Patio 7.0 A Balcony 7.0 Jamboree Road Wall 6.5 A Patio 6.0 A Balcony 6.5 University Drive Wall 6.0 A Patio 5.5 A Balcony 5.5 * - Denotes approximate height above pad elevation. ^ - Either the wall barrier or the patio barrier is required, not both. ...estre Greve Associates Report #94-243 Page 2 outdoor noise standard. The noise barriers are required to have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. They may be constructed of wood studs with stucco exterior, 1/4 inch plate glass, 5/8 inch plexiglass, any masonry material, or a combination of these material. The plans for second and third floor balcony areas in the project facing the San Joaquin Hills Transportation Corridor, Jamboree Road, and University Drive will require detailed analysis when architectural drawings become available. INTERIOR NOISE LEVELS Some of the buildings along the San Joaquin Hills Transportation Corridor, Jamboree Road, or University Drive will experience traffic noise levels in excess of 65 dBA CNEL. With the addition of noise barriers to the lots that exceed the 65.0 dBA CNEL, all first floor homes will meet the City's interior noise level standards. However, any second and third floor homes and balconies along these roadways will be exposed to noise levels greater than 65.0 dBA CNEL. This will require outdoor to indoor building attenuations of approximately 28.4 dBA for buildings along San Joaquin Hills Transportation Corridor, noise level attenuations between 24.9 and 27.7 dBA for buildings along Jamboree Road, and noise level attenuations between 25.8 and 26.2 dBA for buildings along University Drive in order to meet the City of Newport Beach's 45 CNEL interior noise standard. The analysis of the exterior noise for the buildings was based on second floor hardsite conditions. Detailed engineering calculations, which demonstrate the noise reduction levels, are necessary for those residential buildings which have attenuation requirements of greater than 20 dB. The worst case room of a building is any second floor or above, corner room. An indoor noise analysis is required to determine the need for building upgrades when detailed architectural plans become available, and prior to issuance ofgrading permits. MECHANICAL VENTILATION With windows open, the outdoor to indoor noise attenuations of the buildings in the project fall to 12 dBA. Therefore windows will need to be closed for units experiencing noise levels greater than 57 dBA. In order to assume windows can remain closed to achieve this required attenuation, adequate ventilation with windows closed must be provided per Uniform Building Code. This can be achieved with mechanical ventilation to provide fresh air. The system must supply two air changes per hour to each habitable room including 20% fresh make-up air obtained directly from the outside. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct, or six feetplus one sharp 90 degree bend. Air conditioning is an adequate substitute for mechanical ventilation as long as it meets theUBC (Section 1205 (c)) requirements. Mechanical ventilation is required not the project, since the project lies outside of the 57 CNEL noise contour. ,., sstre Greve Associates Report#94-243 Page 1 PRELIMINARY NOISE ANALYSIS FOR TRACT 12309 - LOT 10 - "BAY POINT" CITY OF NEWPORT BEACH 1.0 INTRODUCTION The purpose of this report is to demonstrate compliance of Tract 12309 with the noise related 'Conditions of Approval' placed on the project by the City of Newport Beach. The project calls for the development of multi -family apartments. This report addresses the future exterior noise levels at the project site based on estimates of future traffic levels and the presumed grading plan. The project site is located adjacent to the San Joaquin Hills Transportation Corridor, Jamboree Road, and University Drive. This study determines the need for any exterior mitigation measures to provide adequate protection for the first level floors for residential units in the project. 2.0 NOISE CRITERIA The predominant rating scale now in use in California for land use compatibility assessment is the Community Noise Equivalent Level (CNEL). CNEL is a 24 hour time weighted annual average noise level based on the A -weighted decibel. A -weighting is a frequency correction that correlates overall sound pressure levels with the frequency of the human ear. Time weighting refers to the fact that noise that occurs during certain sensitive time periods is penalized for occurring at these times. The evening time period (7 PM to 10 PM) penalizes noises by 5 dB while nighttime (10 PM to 7 AM) noises are penalized by 10 dB. These time periods and penalties were selected to reflect peoples sensitivity to noise as a function of activity. Noise standards for the City of Newport Beach require that outdoor living areas not exceed a noise level of 65 CNEL and that the indoor areas not exceed a noise level of 45 CNEL for residential areas. 3.0 ROADWAY NOISE The noise levels projected in the next section of this report were computed using the Highway Noise Model published by the Federal Highway Administration ("FHWAHighway Traffic Noise Prediction Model", FHWA-RD-77-108, December 1978). The FHWA Model uses traffic volume, vehicle mix, vehicle speed, and roadway geometry to compute the "equivalent noise level". Acomputer code has been written which computes equivalent noise levels for each of the time periods used in CNEL. Weighting these noise levels and summing them xesults in the CNEL for the traffic projections used. CNEL contours are found by iterating over many distances until -the distance to 60, 65, and 70 CNEL contours are found. A roadway grade of 0% was utilized in the analysis. Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating traffic noise impacts. The effect of a noise barrier is critically dependent on the geometry between the noise source and the receiver. A noise barrier effect occurs when the "line of sight" between the source and receiveris penetrated by the barrier. The greater the penetration the greater the noise reduction. The FHWA model was also used here in computerized format to determine barrier heights. ...eslre Crepe Associates Report #94-243 Page 2 The future traffic volume estimates for the San Joaquin Hills Transportation Corridor were obtained from Lisa Talles of the Transportation Corridor Agency on November 29, 1994. The future traffic volume estimates for Jamboree Road and University Drive were obtained from Mike Weisman of the Traffic Engineering Department for the City of Irvine on November 29, 1994. The average daily traffic was projected for the build -out year of 2010. A vehiclaspeed of 60 miles per hour (mph) was utilized for the San Joaquin Hills Transportation Corridor and 50 miles per hour for Jamboree Road and University Drive. The traffic distribution estimates are based upon traffic surveys, and are considered typical for arterials in Southern California. The traffic volume and speed utilized are presented to Table ]. The time and traffic distributions utilized are presented in Table 2 and are considered a worst case assumption for the three roadways. TABLE 1 FUTURE TRAFFIC VOLUMES AND VEHICLE SPEEDS ROADWAY TRAFFIC VOLUME SPEED SJHTC 145,000 60 Jamboree Road 52,000 50 University Drive 32,000 50 TABLE 2 TRAFFIC DISTRIBUTION PER TIME OF DAY IN PERCENT OF ADT VEHICLE TYPE DAY EVENING NIGHT Arterial Roadways Automobile 75.51 12.57 9.34 Medium Truck 1.56 0.09 0.19 Heavy Truck 0.64 0.02 0408 Transportation Corridors Automobile 67.03 18.31 9.66 Medium Truck 2.25 0.19 0.56 Heavy Truck 1.50 0.13 0.37 eslre Greve Associates Report #94-243 Page 3 Using the assumptions presented above, the future noise levels were computed. The results are reported here in Table 3 are in terms of distances to the 60, 65, and 70 CNEL contours. These represent the distances from the centerline of the roadway to the contour value shown. Note that the values given in Table 3 do not take into account the effect of intervening topography that may affect the roadway noise exposure. TABLE 3 DISTANCE TO NOISE CONTOURS FOR FUTURE TRAFFIC CONDITIONS ROADWAY DISTANCE TO CNEL CONTOUR (FT) -70- -65- -60- SJHTC Soft Site 349 751 1618 Hard Site 1223 3868 12232 Jamboree Road Soft Site 106 228 492 Hard Site 205 648 2051 University Drive Soft Site 77 165 356 Hard Site 126 399 1262 The results in Table 3 indicate that the rear yard areas along the three roadways bordering the project will be exposed to traffic noise levels in excess of 65 CNEL. The rear yard areas along the San Joaquin Hills Transportation Corridor will experience unmitigated traffic noise levels of approximately 6'6.9 dBA CNEL. The rear yard areas along Jamboree Road will experience unmitigated traffic noise levels between 65.5 and 69.8 dBA CNEL. The rear yard areas along University Drive will experience unmitigated traffic noise levels between 68.0 and 68.6 dBA CNEL. The analysis was based on soft site conditions at an observers height of 5 feet, 5 feet from the edge of each lots property line. Soft site and hard site are the conditions of the noise reductions associated with the effects of ground absorption. The difference in the noise reduction between soft site and hard site conditions usually ranges from 1 to 3 dBA. In most cases, depending on the geometry of the site, the ground level of a building will receive some noise reductions due to some ground absorption. (This is referred to as soft site conditions.) However, higher levels of a building (i.e. second floors and above) usually will not receive the benefits of ground absorption and hence the noise reductions. Therefore, the top of a building or the higher levels of a building will typically receive the full noise exposures. (This is referred to as hard site conditions.) j �.5' estre Greve Associates Report#94-243 Page 4 4.0 EXTERIOR NOISE MITIGATION Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating traffic noise impacts. The effect of a noise barrier is critically dependent on the geometry between the noise source and the receiver. A noise barrier effect occurs when the "line of sight" between the source and receiver is broken by the barrier. The greater the distance the sound must travel around the barrier to reach the receiver, the greater the noise reduction of the barrier. The FHWA, model was also used here in a computerized format to determine barrier heights. The analysis was based on the "Grading Exhibit - Bay Point Apartments" by Adams Streeter Civil Engineers, Inc. dated November 2, 1994. I ransportation Comclor. Jamboree Koatl and University Drive will require noise barriers The required noise barriers should be located at the top -of -slope. Top -of -slope refers to the higher elevation between the pad and the roadway elevations or on the apartmentpatio. Table 4 shows the required wall heights for the project along the three roadways. TABLE 4 WALL HEIGHTS AND TOP -OF -WALL ELEVATIONS ALONG THE BAY POINT PROJECT TYPE OF BARRIER APPROXIMATE BARRIER HEIGHT* (FEET) ABOVE PAD ELEVATION San Joaquin Hills Transportation Corridor Wall 8.5 A Patio 7.0 A Balcony 7.0 Jamboree Road Wall 6.5 A Patio 6.0 A Balcony 6.5 University Drive' Wall 6.0 A Patio 6.5 A Balcony 5.5 "- Denotes approximate heightabove pad elevation. ^ - Either the wall barrier or the patio barrier is required, not both. t3� A•jestre Greve Associates Report #94-243 Page 5 outdoor noise standard. The noise barriers are required to have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. They may be constructed of wood studs with stucco exterior, 1/4 inch plate glass, 5/8 inch plexiglass, any masonry, material, or a combination of these material. The plans for second and third floor balcony areas in the project facing the San Joaquin Hills Transportation Corridor, Jamboree Road, and University Drive will require detailed analysis when architectural drawings become available. 5.0 INTERIOR NOISE LEVELS Some of the buildings along the.San Joaquin Hills Transportation Corridor, JamboreeRoad, or University Drive will experience traffic noise levels in excess of 65 dBA CNEL. With the addition of noise barriers to the lots that exceed the 65.0 dBA CNEL, all first floor homes will meet the City's interior noise level standards. However, any second and third floor homes and balconies along these roadways will be exposed to noise levels greater than 65.0 dBA CNEL. This will require outdoor to indoor building attenuations of approximately 28.4 dBA for buildings along San Joaquin Hills Transportation Corridor, noise level attenuations between 24.9 and 27.7 dBA for buildings along Jamboree Road, and noise level attenuations between 25.8 and 26.2 dBA for buildings along University Drive in order to meet the City of Newport Beach's 45 CNEL interior noise standard. The analysis of the exterior noise for the buildings was based on second and third floor hardsite conditions. Actual locations of building sites may differ and change the required outdoor to indoor building attenuation levels. Detailed engineering calculations, which demonstrate the noise reduction levels, -are necessary for those residential buildings which have attenuation requirements of Greater than 20 dB. The worst case room of a building is any second floor or above, corner room. An indoor noise analysis is required to determine the need for building upgrades when detailed architectural plans become available, and prior to issuance of grading pernuts. 6.0 MECHANICAL VENTILATION With windows open, the outdoor to -indoor -noise --attenuations of the buildings in the project fall to 12 dBA. Therefore windows will need to be closed for units experiencing noise levels greater than 57 dBA. In order to assume windows can remain closed to achieve this required attenuation, adequate ventilation with windows closed must be provided per Uniform Building Code. This can be achieved with mechanical ventilation to provide fresh air. The system must supply two air changes per hour to each habitable room including 20% fresh make-up air obtained directly from the outside. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct, or six feetplus one sharp 90 degree bend. Air conditioning is an adequate substitute for mechanical ventilation as long as it meets the UBC (Section 1205 (c)) requirements. Mechanical ventilation is required v,omgorr, iamooreexoad or University Drive. AircraftnoisefromJohn Wayne Airport will not impact the project, since the project lies outside of the 57 CNEL noise contour. ,3- % RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL BY THE CITY COUNCIL AN AMENDMENT THE PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE NORTH FORD PLANNED COMMUNITY (PLANNING COMMISSION AMENDMENT NO.814) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and y WHEREAS, the proposed revisions to the Planned Community District Regulations are consistent with the Newport Beach General Plan; and i WHEREAS, the proposed project meets the criteria of the Traffic Phasing Ordinance; and WHEREAS, pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment, therefore aNegative Declaration has been prepared. NOW, THEREFORE, BE IT RESOLVED that based upon the information contained in the Initial Study, comments received, and all related documents, the Planning Commission finds that there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Planning Commission finds that the Negative Declaration adequately addresses the potential environmental impacts of the project, satisfies all the requirements of CEQA, and reflects the independent judgment of the Planning Commission. The Negative Declaration was reviewed and considered prior to recommending approval of the project. BE IT FURTHER RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend approval by the City Council an amendment to the North Ford Planned Community District Regulations and Development Plan as attached hereon as Exhibit 1. ADOPTED this _ day of Janua 1995, by the following vote, to wit: 13V • �r AYES NOES ABSENT BY ANNE K. GIFFORD CHAB2tvM BY GAROLD B. ADAMS SECRETARY Attachment: Exhibit In Exhibit 1 Amendment No. 814 Baypoint VIII.B.6. Parkin A minimum of-2-1.87 parking spaces shall be provided per unit, including one covered space. In addition, guest parking shall be provided within the development at a minimum rate of 0.5 space per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20-foot depth), in a manner acceptable to the City Traffic Engineer. )4D Planning Commission Meeting January 5, 1995 Agenda Item No. 5 Supplemental Report CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A Ameridment No. 814 (Public Hearing) Request to amend the North Ford Planned'Community District Regulations so as to modify the parking requirements for Area 4 of the Development Plan to allow for the reduction of 40 parking spaces as required to comply with the requirements of the U.S. Fish and Wildlife Service; and the acceptance of an environmental document. 0 B. Tentative Man of Tract No. 14989 (Public Hearing) Request to subdivide 20.36 acres of land into 2 numbered lots for a 300- unit residential condominium development and 3 lettered lots for open space. M 701 C. Site Plan Review No. 72 fPublic Hearin Request to approve a Site Plan Review for the development of 300 residential condominium units and approximately 2.49 acres of open space on property located in the North Ford' Planned Community District. LOCATION: A portion of Lot 10, Tract No. 12309, located at 3100 Jamboree Road, on the northeasterly corner of Jamboree Road and University Drive, in the North Ford Planned Community. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant /y/ TO: Planning Commission - 2. ENGINEER: Adam Streeter, Civil Engineers, Inc., Irvine Subsequent to the distribution of the staff report the attached letter was received from the Newport North Homeowners Association. In addition, some suggested revisions to the findings and conditions in Exhibit A are provided based on recent conversations between the applicant and the Planning and Public Works departments. Response to Comments from Newport North Homeowners Association The following responses are keyed to the paragraph numbering in the comment letter. 1. Conclusions out of date. The project was evaluated as part of the Circulation Improvement and Open Space Agreement, which was approved by the City Council in 1992. The specifics of the current application were reevaluated to determine whether the conclusions contained in the CIOSA Final EIR are still valid. The Negative Declaration discusses in detail each environmental topic and contains additional analysis and mitigation measures necessary to update the information in the FEIR, and adequately addressed all relevant environmental issues. IA. Parking adequacy. As discussed in the staff report, a parking study was prepared for the project and it is the opinion of the City Traffic Engineer that the proposed reduction in guest parking will be adequate to serve the needs of the project. III. Traffic. Traffic issues were evaluated in the CIOSA FEIR and the Negative Declaration. It is the opinion of the City Traffic Engineer that the project will not cause any significant adverse impacts on traffic conditions in the area. 1C. Air emissions. Air quality issues are adequately addressed in the FEIR and ND. No additional analysis is necessary. ID. Noise. Noise impacts were addressed in the FEIR and ND, and with the mitigation measures proposed no adverse impacts would result from the project. II. Security and handicapped accessibility. The project has been reviewed by the City Police Department and appropriate security design provisions have been recommended to the developer. The project is also required to comply with current handicapped accessibility standards contained in the Americans with Disabilities Act. H.A. Lighting. A lighting plan prepared by a licensed engineer has been submitted as part of the current application. The plan has been designed to minimize light spillage and glare onto nearby properties. In addition, the following mitigation measure is recommended: All exterior lighting shall he designed and maintained in such a manner as to conceal light sources and to minimize spillage and glare to the adjacent e' TO: Planning Commission - 3. residential properties. Prior to issuance of a building permit, lighting plans shall be submitted by a licensed electrical engineer with a letter stating that, in his opinion, this requirement has been met. II.B. Other problems and uncertainty. As noted above, the current application has been reevaluated to ensure that the analysis reflects current condition. The Negative Declaration updates the analysis in the Final EIR and contains additional discussion and mitigation measures where appropriate. Suggested Revisions to Exhibit A The suggested conditions contained in the original Exhibit A would require that all of the lettered lot open space areas adjacent to San Diego Creek and Bonita Creek be privately owned, landscaped and maintained. After discussions between the applicant and the Planning and Public Works departments, it is suggested that this condition be revised to require that the open space area adjacent to Bonita Creek be dedicated to the City while the remaining open space areas adjacent to San Diego Creek would be privately owned and maintained. An additional condition is proposed to clarify that these privately owned open space areas would count towards the open space requirements of CIOSA. This is consistent with previous City policy on other CIOSA properties where the City has accepted dedication of natural open space areas while the developer or his successors have been required to own and maintain manufactured slope areas that are ancillary to the development. This policy achieves the goal of obtaining open space while reducing the City's liability and maintenance responsibilities. Additional minor changes are contained in the attached Revised Exhibit A using strike -through and underline notation. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By--( • 1. f'� Y J H. uglas, AICP Principal Planner Attachments: 1. Revised Exhibit "A" 2. Letter from Newport North Homeowners Association F.\WINDOWS\PL4NNINGVOHN.D\13AYPOIN7\ OSIU.DOC /P REVISED EXHIBIT 00A" FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL DOCUMENT AMENDMENT NO.814 TENTATIVE MAP OF TRACT NO.14989 SITE PLAN REVIEW NO.72 (BAYPORM A. Environmental Document Findings: 1. That CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. Among several uses the program EIR can provide the basis in an Initial Study for determining whether the later activity may have significant effects (CEQA Guidelines, section 15168, subd.(d).) 2. CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any significant effects or in the case of a mitigated negative declaration any effects which cannot be eliminated or reduced to a level of insignificance. (Guidelines, section 15070. subd.(b) and 15153, subd.(c).) 3. The Initial Study analyzed the proposed amendment, site plan and tentative map for the Baypoint residential development based on information contained in the previously certified 1992 Final CIOSA Program EIR and any new information which has become available regarding the project. 4. The assumptions and conclusions of the 1992 Final CIOSA Program EIR have been found to be valid and appropriate for use in evaluating the current proposal. The Initial Study has found that there are no new potential significant adverse impacts which cannot be eliminated or mitigated to a level of insignificance. 5. The Negative Declaration reflects the independent judgment of the Planning Commission and has been reviewed and considered prior to approval of the project. Mitigation Measures: 1. That all mitigation measures applicable to the project set forth in Final Environmental Impact Report No.148 be complied with as set forth in the approved mitigation monitoring program. ExWbil A. F'mdings and Conditions A914nTM 14999/SPR72 Par I / /� 2. Prior to the issuance of any building permit the applicant shall demonstrate to the Building Department that all recommendations of the noise study have been incorporated into the design of the project. 3. Prior to issuance of any grading permit for property containing saltbush scrub habitat, the applicant shall demonstrate to the Building Department that an Interim Take of California gnatcatcher habitat has been approved by the U.S. Fish and Wildlife Service. 4. Prior to the issuance of any grading or building permits for the development, that the noise study for the project be revised to include potential future traffic for the JR-5 ramp, and that the mitigation measures suggested in the revised report be incorporated into the project design. Additionally, all tenants and/or owners shall be informed of the potential future JR 5 ramp connection to the San Joaquin Hills Transportation Corridor, and the potential adverse impacts which would result from its construction. B. Amendment No. 814 Adopt Resolution No. recommending City Council approval of Amendment No. 814. C. Tentative Map of Tract No. 14989: Findings: 1. That the subdivision, together with the provisions fdr its design and improvement, is consistent with the General Plan and its objectives, policies, general land uses and programs, and the North Ford Planned Community Development Plan and District Regulations. 2. That the site is physically suitable for the type of development proposed. 3. That the site is physically suitable for the density of development proposed. 4. That the design of the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. That the design of the subdivision is not likely to cause serious public health problems. 6. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 7. That public improvements maybe required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. Exhibit A. Findings and Conditions A 814rr rm 14989/3PR 72 Page 2 8 That the proposed apartment nroiect is expected to generate nearly 2000 trips per day. Approximately 1600 of these trips will be using Jamboree Road. with 1300 of them north of University Drive. This represents a 2.3% increase in trips over existing traffic. Increases of 1% or greater are considered significant and will contribute to the need for widening Jamboree Road as provided in the Circulation Improvement and Open Space Agreement and the Final EI1L 9 That the proposed nroiect takes its access from University Drive and will increase traffic on University Drive by 2000 trips per day. This is a 5.6% increase over existing traffic Increases of 1% or greater are considered significant and this increase will contribute to the need for widening University Drive as provided in the Circulation Improvement and Open Snace Agreement and the Final EM Conditions: 1. That a final map berecorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the final snap, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 3. 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. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 6. That each dwelling unit be served with an individual metered water service connections to the public water system and sewer lateral connection with a cleanout to the public sewer system unless otherwise approved by the Utilities Department and the Building Department. 7. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer for compliance with City policies, standards and codes. Exhibit A- "inp ud Condido A 814MU 14989/SPR73 Fsp 3 �� / 8. That the on -site circulation system connect to the existing Bike Trail along San Diego Creek between buildings 14 and 15 in a manner approved by the Public Works Department. 9. That the design of the private streets and drives conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer for comnliance with ON policies standards and codes. 10. That an Encroachment Agreement be provided where non-standard improvements are to be constructed over public easements. 11. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall. be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non- critical locations, subject to approval of the Traffic Engineer. 12. That the California Vehicle Code be enforced on the private streets and drives, and that a Traffic Control plan acceptable to the Police Department and Public Works Department be provided. 13. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. The entry gate shall have a minimum clear opening of 16 feet. The control gate shall be equipped with Opticam and Nox Box devices for emergency access as approved by the Fire Marshal. The gated entry shall have a minimum of two lanes in (one for visitors and one for owners). The guard gate shall be positioned so that a minimum of 80' is provided for automobile stacking. 14. That additional right-of-way be dedicated to the public along the University Drive frontage to provide a right-of-way width of 118 feet with an additional 6 foot dedication easterly. of the proposed entrance for a deceleration lane; and that frontage improvements be constructed, to provide for a third west bound lane on University Drive along the project frontage with a deceleration lane at the entrance to the proposed development. 15. That additional right-of-way be dedicated to the public along the Jamboree Road frontage to provide a minimum right-of-way width of 142 feet; and that frontage improvements be constructed to provide for a fourth north bound lane on Jamboree Road along the project frontage. 16. That easements be provided for public emergency and security ingress, egress and public utility purposes on all private streets and parking bays be dedicated to the public within the development; that the location, width and configuration of the easements be reviewed and approved by the Utilities and Public Works Departments; and that the easements be dedicated Extubit A- Findings and conditions A 814n rM 14989/SPR72 / / /� Page 4 prior to recordation of the tract map unless otherwise approved by the Public Works Department. 17, That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 18. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. That all vehicular access rights to University Drive be released and relinquished to the City of Newport Beach except at the proposed private street entrance and Utility necess as approved by the Public Works Department. 19. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 20, That a hydrology and hydraulic study be prepared by the applicant and, approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That the design of the storm drain system meet the National Pollutant Discharge Elimination System (NPDES) Standards. 21. That water and sewer service for the subdivision shall be provided only by the City of Newport Beach unless otherwise nuproved by the Newport Beach Utilities Denartment. 22. That the water system be looped between University Drive (Zone 3) and Jamboree Road (Zone 2) with a pressure regulating station provided unless otherwise approved by the Utilities Department. 23. That a 10 foot wide Easement be provided from the Jamboree Road frontage in order to loop the proposed water system . The easement shall be paved with a hard surface unless otherwise approved by the Public Works Department in order to provide maintenance capabilities. 24. That County Sanitation District fees be paid prior to issuance of any building permits. 25, That fire hydrants be spaced a maximum of 300 feet apart unless otherwise approved by the Fire Marshall and that a fire hydrant must be located within 25 feet of all Fire system pump connections. 26, That the Water Capital Improvement fee be paid. 27. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. Exlu'baA• P Inp a W Cadidar 1 ASi4MU 149$9/SPR 72 Page! H/ 28. That the Public Works Department plan check and inspection fee be paid. 29. That any Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L. 30. 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. There shall be no construction storage or delivery of materials within the Jamboree Road or University Drive rights -of -way unless otherwise approved by the City Traffic Engineer. 31. That overhead utilities serving the site be undergrounded in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 32. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 33. That the existing vehicular access be previded maintained off of Jamboree Road at the Jamboree Road bridge to provide for County Flood Control access to San Diego Creek and Bonita Creek. The design of this access shall be approved by the county of Orange and the City Public Works Department. 34. That Lots A, B & C be privately owned, landscaped and maintained. Landscaping shall be installed as described in the approved site plan. 35. Subiect to feasibility and approval by the TCA, that the future freeway ramp right-of-way on Jamboree Road -be -graded to future ramp grades as unless otherwise approved by the Public Works Department. 36. Prior to recordation the map shall be revised to delete the term "Vesting" and correct statistical errors and section labeling errors. 37 Lot C shall be divided adding a Lot D which would encompass the portion. of Lot C facing Bonita Creek and containing the improved bicycle trail. Lot D shall be dedicated to the City of Newport Beach. 38 Notwithstanding the maintenance of Lots A B and C as private open space, all lettered lots shall be deemed as satisfying the requirements for open space dedication contained in the Circulation Improvement and Open Space Agreement. Exhibit A- Findings and Conditions A 814n rM 14989/SPR 72 Page 6 j D. Site Plan Review No. g8-:72 Findings: 1. That the development of the project will not preclude implementation of specific General Plan objectives and policies if in accordance with the plans as modified by the condition for approval. 2. That the value of the property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features. Conditions: 1. That development shall be in substantial conformance with the approved conceptual grading plan, landscaping plan, site plan, floor plans and elevations, except as modified in the following conditions and those imposed on the Tentative Tract Map. 2. That-a-nunimum-e Ewe-parking-spaces-pet-dwelling-unit-be-previded-plus-twe-guest-parking spaeesler-unit-.- E e-guest spaees,-a-minimum-e€enaper-unit-shall be-previded-en-stm4.t r in-eemmenly- aeeessible-parking- bays. Eemp}ianee-wiEH-this-eenditien-may-requite medifieal on4e-Ehe-tentatwe-map-subnitted, which-may-inelude-the-addiden-ef e-cemmudtty reereation fhe t;=ate, er-a-reQuetien-in-the-number-e€single4migyUHding-sites. 3. That this site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 K of the Newport Beach Municipal Code. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer for compliance with City policies, standards and codes. 5. That the on -site circulation system connect to the existing Bike Trail along San Diego Creek between buildings 14 and 15 in a manner approved by the Public Works Department. 6. That the design of the private streets and drives conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer for compliance with City policies, standards and codes. 7. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non- critical locations, subject to approval of the Traffic Engineer. FAWbit A. Fudinp wA Caulivau A814fnTM 149891Sp p72 7 /4V 8. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. The entry gate shall have a minimum clear opening of 16 feet. The control gate shall be equipped with Opticam and Nox Box devices for emergency access as approved by the Fire Marshal. The gated entry shall have a minimum of two lanes in (one for visitors and one for owners). The guard gate shall be positioned so that a minimum of 80' is provided for automobile stacking. 9. That fire hydrants be spaced a maximum of 300 feet apart unless otherwise approved by the Fire Marshall and that a fire hydrant must be located within 25 feet of all Fire system pump connections. 10. That the existing vehicular access be pFevided maintained off of Jamboree Road at the Jamboree Road bridge to provide for County Flood Control access to San Diego Creek and Bonita Creek. The design of this access shall be approved by the county of Orange and the City Public Works Department. F:\WINDOWS\Pr.ANNING\VONN-D\BAYPOIMVC\F&C•REV.DOC E)Nbit A- Fmdingt and Condidona A 814/rM 14989/SPR 72 MI? 8 3009 Daimler Street December 29, 1994 Santa Ana, California 92705 (714) 660.0777 • FAX (714) 660.9487 , John H. Douglas, AICP Environmental Coordinator CITY OF NEWPORT BEACH Planning Department 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658-8915 RE: NEWPORT NORTH HOMEOWNERS ASSOCIATION Baypoint "Plan" Dear Mr. Douglas: 1'AN05 1995 4i,4 PM �(81�1.Utlitit;l)�19)4�516 h Below is the Board's response to the Negative Declaration Report from the City of Newport Beach Planning Department. 1. Project planned in 19801s; reviewed in 1992; to be built during 1995 perhaps 1996 and occupied thereafter; all conclusions are woefully out of date. A. Parking under minimum; parking currently at premium due to night - lighted park; cars already in bike lanes; area parking has increased substantially within the past 2 years. Plan not keeping up with the times. Usually planning is done into the future; this plan relies upon possible acceptability, with variances, in the past, i.e. 1992. B. Traffic density and overall usage of University Blvd has extensively increased in just these past 2 years. Projections of traffic should consider acceptability of pure traffic flow and density for a period 5 to 10 years from now. simulation studies need to be generated showing how moving traffic (if the traffic actually moves) can enter and exit this planned community. The potential gridlock at the junction of University and La Vida has not been considered nor projected 2 - 5 years hence. Also, the left turn lanes at Jamboree which would feed this entrance area are currently at backup during evening hours when residents return from work. C. It is one thing to consider automobile emissions when cars are in motion; but it is another thing entirely to realistically consider the impact upon air quality when cars are at a standstill with their engines on, waiting for turn signals, light changes, breaks in traffic etc. while merrily dumping their emissions into a "low" area that does not get easily cleaned out. i L The impact on the migrating bird life would be significant; how about the impact on the adjacent non -migrating population??? December 29, 1994 John H. Douglas, AICP Environmental Coordinator Page two C. Newport Beach has its environmental standards; these would not be met in the static, non-moving environment that characterizes the actual conditions to be encountered not in 1992 but in 1996, 1998 and the year 2000! D. Noise; there is plenty of it. There will be plenty more of it. The problem that existed on Jamboree Road in 1987-1988 when the current Newport North Villas was introduced led to many complaints about noise. This led to a city request to have the contractor (Bren) do a noise "study" at one home near Jamboree and University. The noise measuring subcontractor, used by the developer to establish initial noise measurements and consequent wall heights, etc. was again used the contractor to make these 1988, then - current, noise measures. Since the subcontractor would be liable for the repairs necessary should his original recommendation not have produced an "acceptable" noise level, it is not too surprising that the 1988 noise measures came in at the maximum decibels consistent with Newport Beach city codes. And this was with the removal of 1-2 hours of the highest density traffic and noise for the weekday (not Monday or Friday) that was used for this lesson in futility. Did someone do an on -site noise study for this program? If so, how would this stand up with todays traffic? Next years traffic? A 5-year projection to the year 2000 at a minimum. And thereafter..... If Newport Beach city ordinances are only an instantaneous measure at when a project is conceived, then there is no applicability to the real world when the project completes and then undergoes its life -cycle of usage. There is noise, there will be noise, and there will be plenty of it. Just measure the inadequacy of the Jamboree Street in tod'ays environment. II. Newport Beach provides facilities to homeowners, i.e. fire, police, emergency, medical, education, etc. there is always a security problem associated with residential communities, both internal and external. The proposed. development is easily accessible by road and highway/freeway'which permits residential burglary experts a way of getting back and forth to "work" with a minimum of difficulty. There has been no attention paid to the security aspects of this proposed program. The economy has been grim; the economic plight of local people has tightened; human nature being what it is, consideration should have been given to both internal and'external security considerations. Not to say that a low-income element community has either more or less crime. Crime, today, is omn-ipresent. It is a basic fact of life. Newport Beach should recognize this fact and include its suppression within the planning of a proposed project as well as its inclusion /.:3 December 29, 1994 John H. Douglas, AICP Environmental Coordinator Page three b of ramps and other requirements for potential physically handicapped tenants -to -be who should not be denied potential occupancy because of their physical limitations/impairments. A. Lighting: one of the ways to mitigate crime is to provide adequate or excessive night lighting, Of course the local area and its residents have had an on -going problem with the lighting in the area due to the 60-foot light "bars" placed in the park and directed over into the adjacent residences, i.e. Newport North Villas in particular. There is no maintenance of this directionality excess over the years so that residents on La Salud now know what it is to live next door to a "prison without walls". B. It is clear that there will be a problem with the additional light/aura/glow which will emanate from this new 300-unit development. This light problem exists for local residents as well as the migrating birds which are currently protected in this natural water channel which we have here. I can not help but think that with a development of this magnitude and complexity that there are a myriad of problems that may have been inadequately addressed and/or simply overlooked because of the time that has gone by and the way in which this land area and its local "transportation corridor" environment has progressed. the one fact that proper system engineering teaches us is that we need to be current and consider those elements that are newly planned as well as the changed in the 1990-1992 environs that now are starting to take shape and permit actual calibration and measurement as they approach actuality. This in no way means that we should not do planning and project for the future. but now we have a firmer basis on which to plan and the future has one element less of uncertainty. Due to the long-standing usage expected for a project of this type we feel that there is no need for undue haste but instead there needs to be careful (re)consideration to bring these plans up-to-date and determine their future acceptability. Sincerely, The Board of Directors NEWPORT NORTH HOMEOWNERS ASSOCIATION S DISCLOSURE STATEMENT REGARDING FUTURE ROADWAY IMPROVEMENTS Two regional circulation system improvements adjacent to the Baypointe apartment community will cause incremental increases in noise, traffic and other associated impacts on Baypointe residents. The regional facilities, which are depicted on the Orange County Master Plan of Arterial Highways and/or proposed by the San Joaquin Hills Transportation Corridor Agency, include the San Joaquin Hills Transportation Corridor ("Corridor") and the "JR-5" Connection to State Route 73. Information related to these future traffic improvements is provided below. San Joaquin Hills Transportation Corridor The Corridor, as planned by the Transportation Corridor Agency, is a multi -lane regional toll highway that will extend from the Santa Ana Freeway (1-5) at Avery Parkway on the south to Jamboree Road on the north and will pass within approximately 300 feet at its closest point to Baypointe Apartments. Construction of the Corridor is underway, with the projected opening to occur in November 1996. The ultimate plan for the Corridor in the area of Baypointe calls for an addition of HOV lanes and certain other improvements. These improvements do not have a specific date but are projected to occur by the year 2008. JR-5 Connection The JR-5 Connection consists of a future on -ramp connecting northbound traffic on Jamboree Boulevard to the westbound lanes of State Route 73. The onramp begins adjacent to Baypointe apartments at its northwest corner. At its beginning point the onramp is projected to be at the same grade as Jamboree Boulevard. From that point the ramp is proposed to begin a gradual ascent to ultimately "flyover" San Diego Creek, the Fletcher Jones auto dealership currently under construction, and the Corridor lanes to join the westbound SR73 Freeway westerly of the Bristol Street/Jamboree Boulevard interchange with SR 73. The exact timing of construction for this improvement has not been set due to the uncertainty of funding and approvals needed from the City of Newport Beach. The regional road improvement discussed above is subject to modification as further approvals and final determinations are made by the Transportation Corridor Agency, City of Newport Beach and other agencies. For example, grades or alignments may be changed or the improvement could be deleted. For current information on both circulation improvements noted above as of the date of your lease, please contact the Transportation Corridor Agency at (714) 436-9800. Please indicate that you have received a copy of this Disclosure Statement and have read and understand it by signing your name(s) in the space(s) provided below. You acknowledge that your decision to lease a residence at Baypointe Apartments is not based on any representations concerning this road improvement other than those above. 19 Lessor(s) Y10per is2,tnJRS �nf�t A�So Lot No. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure Yes I No I Response Arslhetics/130t and Glarc 1. In conjunction with site plan review, the project proponent shall prepare a detailed temporary grading and land- scape plan for the bluff top setback area for the purpose of minimizing bluff erosion. If graded slopes from a development area extend into the bluff top setback area, as proposed by the PC Text, the project proponent shall prepare detailed final grading and landscape plans for the bluff top setback area. The plan shall be reviewed and approved by the Parks, Beaches and Recreation Department, Planning Department, Public Works Department, and Building Department. Transnonation /Crculation I The City shall prepare a circulation improvement monitoring program to direct expenditures of funds received under the Development Agreement to make improvements and to monitor the status of those improvements. The list of im- provements to be implemented shall initially be based on those identified on Table V, with prioritization established based on technical need and ability to implement them in a timely man- ner. 11cxibility to add or delete projects on the list should be maintained to respond to actual changes in traffic volumes and the ability of the City to accomplish improvements so long as the projected Net Benefit to the circulation system is main- tained. Thereafter, a review of the improvements' priority and implementation status shall be done in conjunction with the City's annual Congestion Management Program and Growth Management Program analysis and the annual review of the Development Agreement. 3. The applicant or successor in interest shall construct or post bond for all frontage improvements identified in the Development Agreement and listed in Table B of the Program , / BILL V / No blufl%p setback areas on the Baypoint (San Diego Creek) site. , / Mitigation measure not related to specific project development item o 111111rtP. Bonds submitted and approved by Public Works. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures A plicable? Mitigation Measure Yes No Response Air Onlit 4. All grading related to the project shall be conducted in accordance with SCAQMD Rule 403. This mitigation mea- sure shall be made a condition of all grading permits related to J� Item completed. Included in the Special Grading Notes section the project. on the Title Sheet of the submitted Rough Grading Plan. 5. After clearing, grading, earth moving, or excavation operations white construction activities are being conducted, fugitive dust emission shall be controlled using the following procedures: • Graded sections of the project that will not be fur- ther disturbed or worked on for long periods of time (three months or more) shall be seeded and watered or covered with plastic sheeting to retard wind ero- sion. a Graded sections of the project which are undergoing further disturbance or construction activities shall be sufficiently watered to prevent excessive amounts of dust. These mitigation measures shall be made a condition of all Item completed. Included in the Special Grading Notes section grading permits related to the project. on the Title Sheet of the submitted Rough Grading Plan. 6. During grading and construction activities, the appli- cant shall further control fugitive dust emissions using the following measures: • On -site vehicle speeds on unpaved roads shall be limited to 15 miles per hour. Entrances to all on - site roads shall be posted with a sign indicating the maximum speed limits on all unpaved roads. • All areas with vehicle traffic shall be periodically watered. • Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent accumu- lations of exeessive amounts of dust. These mitigation measures shall be made a condition of all - / Item completed. Included in the Special Grading Notes section grading permits related to the project. V on the Title Sheet of the submitted Rough Grading Plan. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable Mitigation Measure I Yes I No Response 7. Office and commercial development on the Corpo- rate Plaza West and Bay Vim Landing site shall also partici- pate in the Centerride program currently in operation in the Newport Center area. Evidence of intent to participate shall be provided to the City of Newport Beach Building Depart- ment prior to issuance of occupancy permit. 8. Bicycle racks shall be required in accordance with _ the City of Newport Beach Transportation Demand Ordinance. _V/ 9. Construction of related frontage improvements shall include bus turnouts and shelters if determined to be necessary and desirable by the Orange County Transit District and/or the City of Newport Beach. Prior to final design and construc- tion of any frontage improvements, the City of Newport Beach shall contact the Orange County Transit District to determine if any bus turnouts or shelters will be required. 10. All development shall include street and security lighting (in parking lots and pedestrian walkway areas) which is energy conserving. A lighting plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works. 11. Residential, commercial and office development shall be landscaped with an emphasis on drought resistant plant species which will shade buildings and reduce water and energy consumption during the summer. 'A landscape plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works / prior to issuance of an occupancy permit. V/ Item relates only to Corporate Plaza West and Bay View Landing, Bicycle racks to be included where appropriate. Item completed. Bus turnout on University Drive included in frontage improvement plans. Item completed. Energy efficient lighting specified for the site. Included on lighting plan submitted to Building and Public Works Dept for approval. Landscape plan to be submitted for review. Not required prior to grading permit BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure Yes No Response W= 12. The applicant shall ensure that all residential lots and dwellings are sound attenuated against present and pro- jected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dQ CNEL in all habitable rooms. Evidence shall be prepared under the supervision of a City certified acoustical consultant which demonstrates that these standards will be satisfied in a manner consistent with applicable zoning regulations and sub- mitted as follows: A. Prior to the recordation of a final Tract/parcel map or prior to the issuance of Gmding Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the City�s Advance Planning Manager for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy'B' below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Advance Planning Manager for approval along with satisfactory evidence which indicates that the sound attenuation measures speci- fied in the approved acoustical report(s) have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers most be shown on the projects plot plan illustrating height, location and construction in a manuer meeting the approval of the Citys Advance Planning Manager. Vltcm mmnletcd. Noise study submitted and approved by Planning Dept. Item completed. Details for sound attenuation measures included in the approved sound report included in building plans being building depk checked by V Not eppGnable. No freestanding acoustical barriers. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations may be required by the Planning Direc- tor to verify compliance with STC and IIC design / Item cannot be completed at this time. Required after construction of standards. V units. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure I Yes I No Response 13. All non-residential structures shall be sound attenu- ated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as specified in the Noise Element. Prior to the issuance of any building permits, evidence shall be prepared under the supervision of a City certified acoustical consultant that these standards will be satisfied and shall be submitted to the Manager, Advance Planning in the form of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been -incorpo. rated into the design of the project. 14. All freestanding acoustical barriers shall be a berm, wall or combination berm and wall. Walls shall not contain holes or gaps. Walls shall be constructed of slumpstone or other masonry material. final acoustical barrier heights and locations shall be determined when final grading plans are developed showing lot locations, house/building setbacks and precise pad elevation. 79. At the time specific site plans and grading plans are Prepared and submitted for review and approval by the City, the City shall review the plans in conjunction with the envimn- mental review process to confirm that the mitigation measures provided will adequately control construction impacts potential- ly impacting the Newport Harbor Lutheran Church, especially its preschool operations. If necessary, additional conditions / related to construction activities may be placed on the pmject. Not applicable. No non-residential structures requiring sound attenuation. Not applicable, No freestanding acoustical barriers. Not applicable. Item relates to development on Upper Castaways. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure Yes I No I Response niological Resources Is. Pursuant to Section 1601-1603 of the State of Cali- fornia Fish and Game Code, the California Department of Fish and Game shall be notified of any alterations to streambed habitats. The applicant or any successors in interest shall be responsible for notifying the Department of Fish and Game regarding any grading related to residential development and associated improvements on the San Diego Creek South, Up- per Castaways, Newporter North, and Freeway Reservation sites which would alter streambed habitats. The applicant or any successor in interest shall notify the Department of Fish and Game and obtain any necessary permit prior to the issu- ance of a grading permit. Copies of proper notification and necessary permits shall be provided to the City of Newport Reach prior to issuance of a grading permit. The City of New- port Beach shall be responsible for notifying the Department of Fish and Game regarding any grading related to any public improvements (e.g. trails, recreational facilities, roads, drainage facilities, etc.) in areas designated for open space, public facili- ties, and/or parks which would alter streambed habitats. The City of Newport Beach shall notify the Department of Fish and Game and obtain any necessary permits prior to commence- ment of any grading which could alter the streambed habitat. The permits issued by the Department of Fish and Game pur- suant to Sections 1601-1603 may require additional mitigation measures deemed necessary by the Department. 16. Wetland delineation studies in accordance and con- junction with the California Department of Fish and Game and U.S. Army Corps of Engineers permitting processes shall be performed for any wetland which will be impacted by grading and construction activities. The applicant or any successor in interest shall be responsible for conducting the wetland delin- eation studies for wetlands impacted by residential develop- ment or associated improvements on the Newporter North and Upper Castaways sites. If residential development or associat- cd improvements on the San Diego Creek South or Freeway Reservation sites encroach into the Bonita Creek wetland, the applicant or any successor in interest shall be responsible for conducting the wetland delineation studv. The City of Newport Beach shall be responsible for -conducting the wetland delinea- tion studies for wetlands impacted by any public improvement- s/facilities in areas designated for open space, public facilities, and/or parks which will encroach into wetlands. The studies shall occur at the time specific site plans and grading plans are available and prior to issuance of any grading permits or com- mencement of grading activities in areas containing wetland Not applicable. Development does not include alterations to streambed habitat. Item completed. Wetland delineation completed byLSA and approved by Dept, of Fish & Game during development process. No grading / is planned within the area delineated as wetlands. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures A plicable? Mitigation Measure I Yes I No I Response 17. Public use and related facility development for areas proposed for natural open space and passive park uses within the Upper Castaways, Newporter North, Newporter Knoll, Bay View landing, Freeway Reservation, and Jamboree/MacArthur sites shall be designed to be sensitive to existing biological re- sources. To this end, facility plans and public uses for these areas shall be prepared in consultation with a qualified biolo- gist who shall determine that such plans and uses do not ad- versely impact sensitive resources identified on these sites (e.g. wetlands, coastal sage scrub, etc.). If necessary, additional environmental documentation shall be prepared at the time facility plans are prepared to determine if significant adverse impacts beyond those anticipated in this Program EIR will occur. If new significant adverse impacts are identified, addi- tional mitigation measures shall be adopted. 18. Grading, earthmoving, and any related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South, Bay View landing, and Newporter North sites shall be restricted as follows: Upper Castaways and Newporter North - No grading (except that necessary for trail establishment and improvements, erosion control, bluff stabilization or prepara- tion of the development area), stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. San Diego Creek South - No grading, stockpiling of soils, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place within the 40 foot property line setback area estab- lished by the Bluff Top Setback Ordinance except that neces- sary for trail establishment and improvements, erosion control, bluff stabilization, or preparation of the development area; or below the lessor of the 60 foot elevation contour or a line 100 feet from a formally delineated wetland in John Wayne Gulch freshwater marsh. Bay View Landing - no grading, stockpiling of soil or operation or equipment shall encroach into the hill- side above the 75-foot contour of the lower development area. Not applicable. No public use and related facilities designated for San Diego Creek South (Baypoint) site. Item completed. As shown on sheet 3 of the Rough Grading Plan for Baypoint, no grading will occur beyond the 15' contour line. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure I Yes I No Response 19. Prior to grading and/or constructing any public facility on the San Diego Creek North site which will encroach into the on -site freshwater marsh, the City of Newport Beach (or other public agency responsible for development of the public facility) shall approve and begin implementation of a plan which shall offset the loss of wetlands. This plan shall re- flect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the San Diego Creek and Upper Newport Bay Ecological Reserve. Not applicable. Item relates to San Diego Creek North. 20. Prior to grading and/or constructing any residential development or associated improvement on the Upper Cast- aways site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affect- ed wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an exist- ing freshwater marsh in or near the Upper Newport Bay Eco. logical Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issu. ance of a grading permit. Not applicable. Item relates to Upper Castaways. 21. Prior to grading and/or constructing any residential development or associated improvement on the Newporter North site which will encroach into the oa-site freshwater marsh, the applicant or successor in interest shalt prepare and begin implementation of a plan which s ghaalt offset the loss of anytState or eds. 'nisderal an agency having jflect all urisdiction tion overt he affect- ed ents wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an exist- ing freshwater marsh in or near the Upper Newport Bay Eco- logical Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issu. / ante of a grading permit. V/ Not aoplicable. Item relates toNewporterNorth. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure I Yes I No Response 22. Development on the San Diego Creek South site shall be designed so as to reduce the amount of light and glare which could potentially spill over into the wetland habitats of Bonita Creek and San Diego Creek and which could also im- pact the functioning of these creeks as wildlife corridors. This can be achieved by a variety of means including a combination of sensitive siting of lighted buildings; use of lighting systems which conceal the light source and minimize light spillage and glare; screening walls/berms; and dense landscaping along the edge of the development. Any landscaped edge screening shall include non-invasive trees and shrubs. The plant palette for the screening vegetation shall consist of dense, evergreen spe- cies which, when mixed, achieve canopy and understory of elements to provide as much screening as possible. The site plan and landscape plan for this edge shall be prepared in consultation with a City -approved, qualified biologist. The site plan and landscape plan shall be approved by the City Planning Department prior to issuance of building permits. 23. Prior to commencing grading, all wetlands habitat in areas intended for preservation shall be temporarily fenced. This measure shall pertain only when grading, stock -piling, or other construction activities are proposed within 100 feet of the boundaries of the wetland area. A plan identifying the wetland area and the location of the fencing shall be submitted to the City of Newport Beach prior to issuance of any grading permit. 24• This measure shall apply to the Newporter North, Newporter Knoll, Bay view Landing, Upper Castaways, San Diego Creek South and San Diego Creek North sites. Reve- gelation of cut and fill slopes, bluff stabilization/remediation areas, fuel modification zones and other graded areas adjacent to existing sensitive habitat areas (e.g. at the edge of develop- ment of residential, public facilities, or recreational areas) shall be accomplished with plant palettes containing predominantly native species. Steeper slopes (greater than 2:1) shall be reve- getated with a mixture of coastal sage scrub species including California sage brush which new dominates coastal sage scrub used by California gnatcatchers. Portions of more level areas shall be rcvegclaled with species of native perennial grasses in an attempt to establish native grassland. An expert in land- scape rcvcgetdtion, who is knowledgeable and qualified -in na- tive plant mixtures shall provide consultation into the prepara- tion of landscape plans to ensure that this measure is complied with. Landscape plans shall be approved by the City Planning Department prior to issuance of building permits for private development or commencement of vmdinn rnr n,,hp, Item completed. A site lighting plan designed to reduce light and glare has been submitted with a certification from the designing engineer that such design achieves the specified goal. Site and conceptual landscape plans were approved as part of the site plan approval SPR #72. In addition, habitat and wetlands enhancement plans have been reviewed and approved by the U.S. Dept. of Fish and Wildlife and State Dept. of Fish and Game as Vpart of receiving Coastal Commission approval. Item completed. Welland edge is delineated on project Rough Grading Plan, with a call out for temporary fencing to be placed on that line during construction. (Sheet 3 of 5.) Item completed Habitat and wetlands enhancement plans have been reviewed and approved by the U.S.Dept of Fish and Wildlife and State Dept of Fish and Game as part of receiving Coastal Commission approval. These plans involve the areas adjacent to existing sensitive habitat areas and include coastal sage scrub species. The hydroseed mix specified on the rough grading plan is an approved mix of coastal sage and native grass plant tvpes. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure Yes I No Response 25. All non -emergency grading related to bluff stabili- zation/remediation on the Newporter North and Bay View Landing situ shall occur during the non -breeding season for the California gnatmicher. The non -breeding season is from August 1 to January 31. 78. Prior to approval of site plans or subdivision and/or City approval of a,park development plan (whichever comes first), the City shall retain a biologist to further assess the potential for human and pet intrusion into the coastal sage scrub habitat supporting the California gnatcatcher population. This assessment shall be at the cost of the developer if related to site plans or subdivision, or at the cost of the City if related to the park development plan. If the level of expected intru- sion is considered to be of sufficient magnitude to significantly impact the California gnatcatcher populations on site, mitiga- tion measures shall be designed and placed as conditions on the project to reduce the impact to the extent feasible. Such design and operational measures could include perimeter fenc- ing, homeowner and community educational programs about the potential impact of cats on wild birds, programs for trap• ping and removing problem animals. 81. The City of Newport Beach shall consult with the Transportation Corridor Agency prior to final design and ap. proval of any public facility or recreational facility on the San Diego Creek North site to determine feasible design and land- scaping measures which will avoid interfering with the viability of the San Diego Creek Northern Marsh Creation site as wild- life habitat. If the Bayview Way extension is not extended across the site, a landscaped buffer area will be provided be- rween any recreational or public facility uses and the Marsh Creation project site. 82. At the time of adoption of a parcel/subdivision map for the San Diego Creek South Site, the property line/develop. meat area boundary shall be established at a minimum of 20 het from the toe of the existing slope adjacent to Bonita Crock. This distance, in combination with the required build- ing setback of 5 feet, will create a minimum 25 foot buffer from Bonita Creek Not applicable. Item relates toNewporterNorth and Bay View Landing sites. VNot applicable. Item relates to park development plans only. VNot applicable Item rabies to San Diego Crock North only. Item completed. The development area boundary was established in accordance with this criteria as part of approvals related to TTM 14989 and SPR 72. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure I Yes I No Response 83. The precise details ofany revegelation/replacement program will be developed in conjunction with review and approval of design and grading plans when the exact nature and extent of impacts are known. Any such programs will be Item comoleted. Habitat and wetlands enhancement plans subjected to full environmental review pursuant to CEQA. Consultation with all interested and affected resource agencies have been reviewed and approved by the U.S.Dept. of Fish and will occur as part of formulating and evaluating revegetation Wildlife and State Dept. of Fish and Game as part of receiving programs. Given recent successful rcvegetation programs in Coastal Commission approval. These plans involve the areas Orange County, such as those conducted in Crystal Cove State adjacent to existing sensitive habitat areas and include coastal sage Park, it is fully reasonable to expect that a properly prepared scrub species. revegetation program will be successful in mitigating impacts 84. Prior to the issuance of a grading permit for the Ncwponer North site, the project proponent shall contribute up to $10,000 to complete an Upper Newport Bay Coyote Mo- nitoring Study, to be conducted under the direction of the U.S. Fish and Wildlife Service. The study shall be completed prior to the commencement of grading. The study shall include gathering data to establish a pre -construction baseline measure- ment of the number and frequency of coyotes using the lower portion of Upper Newport Bay in the vicinity of the Newporter North site. Not aoolicable. Item relates toNewporterNorth only. If, after commencement of construction, it is demonstrated by the U.S. Fish and Wildlife Service that there has been a signifi- cant decrease in the population of coyotes in the vicinity of the Newporter North Site, due solely to development of the site, and, this decrease in Coyote population has had a detrimental effect on sensitive bird species in the area, the project propo- nent shall contribute up to $25,000 toward an animal manage- ment program to be administered by the Resource Agency managing the Upper Newport Bay Ecological Reserve. Not aopt;cable. Item relates to Newporter North only. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure I Yes I No Response Earth Resources Faulting and Seismicity 26. Buildings four stories in height or higher shall be designed in accordance with requirements for seismic zone 4 as outlined in Chapter 23 of the Uniform Building Code and/or with the benefit of a site specific seismic ground response spec- trum study which would be prepared by the project geotechn- ical consultant and structural engineer to allow matching of building period with site period. The structural plans and/or ground response study shall be completed to the satisfaction of the Building Department prior to issuance of a building permit. 27. Buildings less than four stories in height shall be designed by a Structural Engineer in accordance with UBC Chapter 23 requirements for Seismic Zone 4. Non -critical structures shall be designed to withstand strong ground shaking that may accompany a maximum probable earthquake along the Newport -Inglewood Fault. Critical structures (Le, hospi- tals, fire/police facilities, schools, etc.) shall be designed to withstand strong ground shaking associated with a maximum credible earthquake on the Newport -Inglewood Fault. Struc- tural plans, including seismic design calculations/parameters, shall be approved by the City Building Department prior to issuance of building permits. 28. habitable buildings shall not be placed adjacent to (above or below) slopes or bluffs where seismic induced slope or bluff failure could occur. Though the City has established a Bluff Setback Criteria for development on the top -of --bluff (Development Policy D.2.6.1 of the Newport Beach General Plan, January 21, 1991, and Newport Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability during an carthquake. Areas potentially prone to such failures shall be identified and further evaluated by the project Gcotechnicat Consultant during the Tentative Tract Map review and Grading Plan review stage. The evaluation shall be prepared to the satisfaction of the Building Depart- ment prior to the issuance of grading permits. Grading and building plans shall reflect the recommendations of the evalu- ation to the satisfaction of the Building Department. Not applicable. All buildings are less than four stories in height Item completed Buildings designed as indicated. Refer to structural plans and related calculations included in plans currently being plan checked by the Building Dept. Item completed. No habitable buildings will be placed adjacent to exfsrfng slopes or bluffs. Some manufactured slopes will be created as part of the rough grading operation. Such slopes will be built in accordance with the rough grading plan and related •V/ soils report BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures A plicable? Mitigation Measure I Yes I No Response 29. In accordance with the Alquist-Priolo Special Studies Zone Act, a Registered Geologist shall further evaluate and make recommendations regarding the potential for ground surface rupture effecting proposed development on -sites where 'Potentially Active Faults• have been identified (Bay View Landing and Freeway Reservation sites) or on any other of the sites where Potentially Active Faults are identified in the fu- ture. The study shall be prepared to the satisfaction of the City Building Department and shall be prepared prior to ap- proval of a tentative tract map or grading permit whichever comes first. Grading and building plans shall reflect the rec- ommendations of the study to the satisfaction of the Building Department. liquefaction 30. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical consultant. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill surcharging or other appropriate measures. The Geolechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engi- neer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Item completed. Per Geosoils Report related to the Baypoint Condominium, dated 2-13-89, pgs. 6-8, no known faults are within or adjacent to the Baypoint site. No further analysis necessary. Item completed. The potential for liquefaction at the site during a seismic event is considered low to nil, as provided on page 6 of the "Geotechnical Evaluation, Proposed Baypointe Condominiums Site," (PN-94115-01) dated April28, 1995, and prepared by Zeiser Kling Consultants, Inc. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure I Yes I No Response Plosion 31. Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the City Grading Engineer prior to issuance of grading permits. Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegeta- tion. Velocity reducers shall be incorporated into the design, especially where drainage devices etdt to natural ground. Item completed. The identified items are incorporated on the Erosion Control Plan included as part of the Rough Grading Plan (Sheet 4 of 5). Implementation of the proposed design would satisfy the condition. 32. All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and veri- fied by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Confor- Item completed. This item is a Standard Condition in the City Grading mance with this measure shall be verified by the City Grading Engineer prior to the issuance of occupancy permits. / Code and is so noted as item 12 under Grading Notes on Sheet I of Engineer 11 /_ 5 of the Rough Grading Plan. 33. Berms and brow ditches shall be constructed to the satisfaction and approval of the City Grading Engineer. Water shall not be allowed to drain over any manufactured slope face. Top -of --slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surf;cial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the City Grading Engineer prior to issuance of grading permits. 34. Prior to the issuance of grading permits, appropriate artificial substances shall be recommended by the project land- scape architect and approved by the City Grading Engineer for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas shall be covered with artificial substances approved by the City Grading Engineer. Item completed. The berm detail is shown as detail A/3 on Sheet 3 of 5 of the Rough Grading Plan. Item completed. The Rough Grading Plan calls for all manufactured slopes upon completion of grading to be hydroseeded for stabilization from erosion. See Construction Note 13 on Sheet of 5. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure I Yes I No I Response 35. Drainage of both surface and subsurface water over or toward the bluffs on the Upper Castaways and Newporter North sites shall be minimized. Though some drainage of rainwater over the bluff face cannot be avoided, drainage con- trol devices shall be designed to direct excess water from site improvements away from the bluff face. Irrigation shall be controlled to prevent excessive infiltration into the subsurface. The project Civil Engineer shall design grading plans to mini- mize surface runoff over the bluff faces. The project Geot- echnical Consultant shall provide recommendations to minimize subsurface water migration toward the bluff faces prior to approval of Tentative Tract maps or site plans. All design criteria for the control of surficial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. Bluff and Slope Instability 36. The project geotechnical consultant shall review the tentative tract map and grading plan for each site and prepare a report addressing all salient geotechnical issues related to bluff and slope stability of any existing bluff or slopes. These reports shall include: 1) detailed analysis of field data including surface and subsurface geological mapping; 2) laboratory test- ing results; 3) stability analysis of existing bluffs and proposed slopes as illustrated on the tentative tract map or rough grad- ing plan; 4) conclusions; 5) recommendations for mitigation of any identified unstable bluffs or slopes and/or for additional investigation. These reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engi- neer prior to issuance of a grading permit. Not applicable. Item relates to bluffs at Upper Castaways and Newporter North. No such bluffs at San Diego Creek South site. Not applicable No existing slopes or bluffs to be retained on the site. 37. Prior to the issuance of grading permits, the Project geotechnical consultant and/or civil engineershall make written recommendations for manufactured slope stabilization includ. Item completed. See recommendations from the Project ing, but not limited to, buttressing, rock bolting, grouting, slope geotechnical consultant related to all relevant conditions included gradient laybacks, or retaining walls. All necessaryrecommen- in the'Review of Grading Plan, ProposedBaypointApartmenC' dations shall be included in the grading plan to the satisfaction (PN 94115-02) dated June 1, 1995, and prepared by Zeiser Kling of the City Grading Engineer. Consultants, Inc. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure Yes I No I Response 38. Though the City has established a Bluff Setback Criteria for development on the top -of -bluff (Development Polity D.2.b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Beach Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a gcotechnial viewpoint concerning bluff/slopc instabili- ty. Prior to issuance of grading permits, appropriate safe bluff top setback recommendations shall be determined by the pro- ject Geotechniol Consultant based on the evaluation required by Mitigation Measure 3 to the satisfaction of the City Grading Not applicable. No blufftop setback areas on the site. Engineer. 39. During grading a geotechnial consultant shall mon- itor grading operations to ensure that recommendations for slope instability mitigation are implemented. Additionally, the geotechniml consultant shall evaluate slopes as they are graded through geologic mapping and analysis to ensure that no unan- ticipated conditions are present. Slope stability mitigation recommendations may require modification during grading. Compliance with this measure shall be verified by the Building Open item. Must be completed during the grading operation Department. and verified at that time by the Bldg. Dept. 40. Prior to issuance of building permits, the geotechn- ical consultant shall prepare a Rough Grading Report and As - Graded Geotechnial Map for each graded site at the comple- tion of grading of that site. The Report shall summarize and document compliance with all mitigation measures. The Rough Grading Report shall include a statement regarding the ade- quacy of the manufactured slopes for their intended use and a statement regarding the adequacy of the recommended bluff setbacks. The report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be apprc- Open item. Must be completed subsequent to grading operation. ved by the City Grading Engineer. Compliance checked at issuance of building permit. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure I Yes I No I Response Compressible/Collapsible Soil 41. Prior to the issuance of grading permits, written recommendations for the mitigation of compressible/collapsible soil potential for each site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of ap- proval for the site -specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Recom- mendations shall be based on surface and subsurface mapping, laboratory ruling and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressi- ble/collapsible zones, fill surcharging and settlement monitor- ing, companion grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the City Grading Engineer. Ezpaoaae/Cormriw Soil 42. Written recommendations for the mitigation of ez- pans'ive and corrosive soil potential for each site, shall be pro- vided by the project corrosion consultant, geotechnical consul- tant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the City Grading Engineer. _ Item completed. See recommendations from the Project geotechnical consultant related to all relevant conditions included in the "Review of Grading Plan, Proposed Baypoint Apartmenv' (PN 94115-02) dated June 1,1995, and prepared by Zeiser Ming Consultants,Ine. Item completed See recommendations from the Project geotechnical consultant related to all relevant conditions included in the `Review of Grading Plan, Proposed Baypoint Aparhnenc, (PN 94115-02) dated June 1,1995, and prepared by Zeiser Kling Consultants, Inc. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures A plicable? Mitigation Measure Yes No Response Near Surface Groundwater 43. The project geotechnical consultant and/or civil engi- neer shall prepare written site -specific reviews of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near -sur- face groundwater and the potential for artificially induced grou- ndwater as a result of future development, and the effects groundwater may have on existing or future bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the sites and properties adjacent to the sites if dewatering is recommended. The geotechnical consul- tant and/or civil engineer's reports shall be signed by a Certi- fied Engineering Geologist and Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engi- neer prior to issuance of a grading permit. All recommenda- tions of the reports shall be incorporated into the grading, site, and building design to the satisfaction of the City Grading Engineer and City Engineer. Water Resrrurecs Water Quality 44. Prior to the issuance of grading permits, the appli- cant shall provide to the Building and Public Works Depart- ments haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. Item completed Groundwater conditions at the site and recommendations related thereto are provided in the "Geotechnical Evaluation, Proposed Baypointe, Condominiums Site," (PN-94115-01) dated April 28, 1995, and prepared by Zeiser Kling Consultants, Inc. Item completed. The tide sheet of the Rough Grading Plans contains a note that if import of material is necessary, a haul route will be submitted to and approved by the City Traffic Dept Such plan �/ would include measures to keep such route clean of dirt and debris. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures A plicable? Mitigation Measure I Yes I No Response 45. Prior to the issuance of grading permits, the appli- cant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the City Grading Engineer and Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Air-bome and vehicle-bome sediment shall be con- trolled during construction by, the regular sprinkling of exposed soils; and the moistening of vehicles loads. C. As approved material such as rip rap (a ground cover of large, loose, angular stones) shall be used Item completed. a) All graded slope areas will be hydroseeded as to stabilize any slopes with seepage problems to per construction note 13 of Rough Grading plan. See note also protect the top soils in areas of concentrated runoff. on Sheet 3 of of Rough Grading Plan; b) Dust control procedures d. Duringthe period of construction activity, existing noted on Rough Grading Plan, Sheet 3 of 5 of the Rough Grading vegetation which will be retained on -site shall be Plan; c) If any seepage occurs, recommendations by the protected from traffic by the use of fences. If ap- Geotechnical consultant conjunction with the grading inspector propriate, buffer strips or vegetative filter strips, will be instituted; d) The wetland area on Lot is the only such as tall stands of grass, can be used as an alter- area being protected in place. See temporary fence on Rough native and/or supplementary method to protect / against sediment buildup. Grading Plan, sheet 3of5. 46. Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions (i.e., berms or swales) located at disturbed at= or graded right-of- ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and / Item completed Such plan included as Erosion Control Plan, construction activities. --tL/ _ sheet of5, included in Rough Grading Plan set. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure Yes I No I Response 47. The applicant shall provide a temporary gravel en- trance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights -of -way, the gravel shall cover the entire width of the en- trance, and its length shall be no less than fifty feet. The en- Item completed. A gravel blanket will be placed at temporary trance plans shall be reviewed and approved by the City Engi- necr and Grading Engineer concurrent with review and approv- construction access off University Drive as shown on Sheet at of grading plans. 3 of 5 of Rough Grading Plan. 48. The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right-of- ways to decrease and filler runoff levels while permitting con- struction traffic to continue. The location of berms shall be incorporated intograding plans prior to the issuance grading Item completed. Runoff is controlled within construction site. permits. The plans shall be reviewed and approved byy thethe City thi Grading Engineer. V See detail C13 on sheet of 5 of Rough Grading Plan. 49. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drain- age. The basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utili- Item completed. o Tem ties or roads. The plan shall be reviewed and approved by the Temporary sediment basin provided under City Grading Engineer. Erosion Control Plan, sheet 4 of 5 of Rough Grading Plan. 74. Prior to issuance of grading permits, the applicant or successor in interest shall prepare a plan for approval by the City of Newport Mach Grading Engineer for the control of accidental spills, litter, and solid waste disposal during grading and construction. Existing policies and standards of the City of Newport Beach and Fire Department shall be incorporated. Item completed. Per General Note 16, applicant agrees to The plan shalt be implemented as necessary during grading and haul all debris offsite, in accordance with City of Newport construction activities. Beach policy. SAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure I Yes I No Response 75. Any recorded CC&Rs shall incorporate mandates to the Homeownets Associations, commercial properties manage- ment and apartment management companies regarding: Fertilizer/Pesticide/Herbicide manage- ment practices Irrigation Management Practices Street sweeping requirements vacuum truck, fall cleaning, etc. Signage and catch basin stencil mainte- nance. Annual distribution of informational bro- chutes (see Mitigation Measures #77). These mandates shall be reviewed and approved by the City of Newport Beach prior to issuance of occupancy permits. 76. The City of Newport Beach, homeowners associa- tions, and commercial and apartment property management companies shall maintain legible stenciling on any catch basin that they maintain. Stenciling shall use selected letters and/or symbols approved by the City of Newport Beach notifying the reader that the catch basin drains to the Newport Bay and to warn against dumping. Notapplicatille. As the Baypoint project is currently planned to remain rental, no CC&R's have been prepared. If the units are sold as condominiums, CC&R's would be prepared at that time and be .V/ reviewed and approved by The City of Newport Beach. Item completed. "No dumping at catch basin" stencil note to be included on final storm drain improvement plan. Applicant agrees on an ongoing basis to maintain such notice. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure I Yes I No Response 77. Brochures (such as the'Nonpoint Source Pollution' brochures published by the Orange County Flood Control District) shall be distributed at the time of initial sate or lease of residential and commercial properties. These brochures shall include a discussion of. - Impacts of improper solid waste practices and littering. - Proper use and management of fertilizers, herbicides and other harmful chemicals. - impacts of dumping oil, antifreeze, pesti- cidcs, paints, solvents, ete. into storm drains. - Effective housekeeping practices such as use of bio-degradable cleaning compounds and adsorbents. - Benefits of prcventing excessive erosion and sedimentation. - Benefits of proper landscaping practices - Benefits of minimizing non-stormwater runoff or adverse impacts of over-briga- tion. These brochures shall be reviewed and approved by the City of / Newport Beach prior to issuance of occupancy permits. V Drainage Patterns 50. Prior to issuance of a grading permit, the master Open Item. The "move -in" package, including the brochures specked in this item, will be submitted for review and approval by The City of Newport Beach significantly in advance of first occupancy. plans of water, sewer and storm drain facilities shall be ap- Ite proved by the City Engineer. Any systems shown to be rc- m completed. A master plan ofwatey sewer and storm drain quired by the review shall be the responsibility of the develop- facilities has been submitted, reviewed and approved by the City of cr, unless otherwise provided for through an agrcement with Newport Beach. Final construction plans for sewer, water and storm the property owner or serving Agency. �� drain are currently in the advanced stages of plan check. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure Yes I No Response Cultural Resources Archaeology ALL PROJECT SfTES 51. All sites shall be mitigated pursuant to Council Poli- ty K-5. Where further testing or salvage is required, the appli- cant shall select a City -approved qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing Not applicable. As the Baypoint site has been previously mass graded the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the during the surcharge operation, no further archeological work has completed data recovery program. been deemed necessary. 52 The applicant shall donate all archaeological materi- al, historic, or prehistoric, recovered during the project, to a local institution which has the proper facilities for curation, dis- play and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis Not applicable. As the Baypoint site has been previously mass graded and a report have been completed. The appropriate local during the surcharge operation, no further archeological work has institution shall be approved by the Planning Department been deemed necessary. baud on a recommendation from the qualified archaeologist. 53. Any excavation of a site located within the Coastal zone of more than two surface meters of dirt shall require a coastal development permit prior to commencing the excava- Open item. Coastal commission has approved the project application. tion. All provisions of the California Coastal Commission / Currently, all conditions for issuance of the permit are being met, with guidelines shall be complied with.y issuance of the permit anticipated by the end of October. UPPER CASTAWAYS 54. Prior to any grading related to development of the bluff trail system, open space uses or bluff stabilization which could impact CA-Om49 and CA-Ora-186 on the Upper Cast- aways site, the sites shall be subjected to test excavations by a City approved archaeologist (experienced in both historic and pre -historic archaeology) to determine site integrity, extent and significance. The methodology of the test excavation shall re- flect the recommendations contained in the Cultural Resources report prepared for this Program EIR. A report shall be pre- pared detailing all findings and recommendations and submit- ted to the Planning Department within 90 days of completing Not applicable. Item relates to the Upper Castaways development only. test excavations. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure I Yes I No Response BAY VIEW LANDING 55. Prior to issuance of a grading permit, CA-Ora-1098 shall be surface collected and subjected to test excavations by a City approved archaeologist to determine site integrity, extent and significance. A report shall be prepared detailing all find- ings and submitted to the Planning Department within 90 days of completing test excavations. Not applicable. Item relates to the Bay View Landing development only. 56. Prior to grading for the new park, the project spon- sor shall retain a City approved archaeologist to conduct a surface collection and subsurface test excavation of CA-Ora-66 to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the tioans. Department within 90 days of completing test excava• Not aoolicable. Item relates to the Bay View Landing development only. 57. Prior to grading for the view -park, the project spon- sor shall retain a City approved archaeologist to place a test unit on top of the knoll on the Bay View Landing site in the area containing shell scatter, to determine if the shell is repre- sentative of a subsurface archaeological deposit. A report shall be prepared detailing all findings and submitted to the Plan- ning Department within 90 days of completing the test exca- vation. NEWPORTL•R NORTIi 58. Prior to the use or development of the open space areas for passive recreational uses, CA-Ora-51 and CA-Ora-518 on the Nevporter North site shall be surface collected and sub- jected to test excavations to determine site extent and signif- icance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of com- pleting test excavations. 59. Prior to the issuance of a grading permit, the appli- cant shall conduct a surface collection of the eastern extension of CA-Ora-100 which would be impacted by grading and/or development of residential uses. The surface collection shall be conducted,by a city approved archaeologist. A report shall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days of com- pleting the surface collection. Not aoolicable. Item relates to the Bay View Landing development only. Not applicable. Item relates to the Newporter North development only. Not aoolicable. Item relates to the NewporterNorth development only. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure Yes I No I Response 60. Prior to the issuance of grading permits, the appli- cant shalt conduct a data recovery of program CA-Ora-64 on the Newporter North site. The program shall be conducted by a City approved archaeologist. A report shall be prepared detailing all findings and submitted to the Planning Depart- ment within 90 days of completing the data recovery program. Not applicable. Item relates to the NewporterNorth development only 61. Prior to issuance of a grading permit -for residential development or any bluff stabilization, a qualified archaeologist shall review grading and drainage plans to determine if there are any indirect or direst impacts to GI-Ora-51, 52 and 518. If impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Plan- Not applicable. Item relates to the NewporterNorth development only. ning Department within 90 days of completing test excavations. NEWPORTER KNOLL 62. Prior to any grading or use of the site, the City shall conduct a surface collection of archaeological material present an the top of the hill of the Ncwporter Knoll, with test units placed on the hill to determine site significance and bound- aries. One unit shall be placed in the recorded area of CA - Ora -SO to determine if a portion or the site still exists. A re- port shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing surface Not applicable. Item relates to the Newporter Knoll development only. collection test excavation. BLOCK 800 63. Prior to the issuance of a grading permit a qualified City approved archaeologist shall conduct a surface collection of CA-Om-136 on the Block 800 site and subject the site to test excavations to determine site extent and significance. A tut unit shall also be placed in the northern portions of the parcel to determine if a sub -surface midden is under the as- phalt and trash. A report shall be prepared detailing all find- ings and submitted to the Planning Department within 90 days Not applicable. Item relates to the Block 800 development only, of completing test excavations. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure Yes No Response CORPORATE PLAZA WEST' 64. Prior to the issuance of a grading permit, a City ap- proved qualified archaeologist shall dig post holes in the areas containing surface shell on the Corporate Plaza West site to determine if the shell represents subsurface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of com- pleting sub -surface testing. 65. Prior to the issuance of grading permit, the surface near the southern section of the property shall be examined by a City approved qualified archaeologist after removal of brush and prior to any ground disturbance. A report shall be pre- pared detailing all findings and submitted to the Planning De• partment within 90 days of completing the surface examination. FREEWAY RESERVATION Not applicable. Item relates to the Corporate Plaza West development only. Not applicable. Item relates to the Corporate Plaza West development only. 66. Prior to issuance of a grading permit for the north. cm development area (Lot 2), a City approved qualified ar- chaeologist shall examine the surface of areas previously idcnii- fied as CA-Ora-216. The examination shall be conducted after removal of brush but prior to grading. A report shall be pre- pared detailing all findings and submitted to the Planning De- partment within 90 days of completing the surface examination. Not applicable. Item relates to the FreewayRcservation development only. Paleontology 67. Prior to the issuance of grading permits, a collection plan shall be prepared and implemented by a City approved, qualified paleontological monitor for known exposed fossil localities on Day View Landing, Ncwponer North, and Upper Castaways. Because of the small nature of some fossils present in these rock units, matrix samples shall be collected for pro ceasing through fine mesh screens. The collection plan shall be reviewed and approved by the Planning Department. Not applicable. Item relates to the Bay View Landing, NewporterNorth and Upper Castaways developments only. 68. Prior to the issuance of grading permits, the appli- cant shall make provisions for the preparation and curation of Not applicable. As theBaypoint site has been all fossils possibly recovered from the sites during grading. previously mass graded This shall be done in a manner approved by the Cityzs Planning during the surcharge operation, no further paleontological work has Department. been deemed necessary. BAYPOINT APARTMENT PROJECT Compliance with Final E1R #148 Mitigation Measures Applicable? Mitigation Measure I Yes No Response 69. Prior to the issuance of grading permits, the appli- cant shall identify a repository approved by the City's Planning from Notes lip cable. As theBaypoint site has been previously mass graded Department which shall receive all fossils collected the during the surcharge operation, no further paleontological work has situ. been deemed necessary. 70. Cliff faces along Upper Newport Bay that have served as a reference section for micro -paleontological studies should be protected from alteration. If bluffs along Newport Bay need to be altered for bluff stabilization purposes, detailed measured sections and samples shall be made before and after alteration. Samples shall be prepared and analyzed as part of these efforts. The City of Newport Beach shall be responsible for retaining a qualified paleontologist to conduct the compara- Not applicable. Item relates to developments adjacent to cliff faces live study and sampling. A report shall be submitted to the Planning Department within 90 days. on Upper Newport Bay. Baypoint has no such exposures. Public Servers and Utilities Law Inforcement 71. The project proponent shall work in conjunction with the City of Newport Beach Police Department to ensure that crime prevention features arc included in building design and construction. The City of Newport Beach Police Department Item completed. City of Newport Beach Police Dept reviewed and shall review all site plans and access plans. approved the Tentative Map and Site Plan Review submittals. Water 72. Prior to issuance of grading permits for the develop- ment sites, the applicant shall be responsible for preparation of a Master Plan of Utilities. The Master Plan of Utilities will determine any necessary expansion of facilities and/or any modifications, upgrades or extensions to the existing water systems resulting from this project. All necessary expansions of facilities and/or upgrades or extensions of existing water sys- Item completed. A master plan of water, sewer and storm drain toms needed as a result of the project will be the responsibility facilities has been submitted, reviewed and approved by the City of of the developer, unless current district or City policies dictate otherwise. The plan shall be reviewed and approved by the Newport Beach. Final construction plans for sewer, water and storm City Engineer prior to issuance of grading permits. _� drain are currently in the advanced stages of plan check. BAYPOINT APARTMENT PROJECT Compliance with Final EIR #148 Mitigation Measures Applicable? Mitigation Measure Yes I No Response wastewater 73. Prior to issuance of grading permits, the developer will provide a Master Plan of Utilities facilities for the on -site development in order to determine the exact necessary modifi- cations or extensions to the existing sewer systems, if needed. All necessary expansions of facilities and/or upgrades or exten- sions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current dis- trict or City policies dictate otherwise. ne Plan shall be m- viewed and approved by the City Engineer prior to issuance of grading permits. land Use 80. Prior to approval of a site plan review for the Upper Castaways site, the applicant or successor in interest shall pro- vide evidence that they have consulted with the Newport Ilar- bor Lutheran Church regarding the design of the residential development. Design issues to be addressed include, but are not limited to: parking, access, location and placement of struc- tures, directional signage, and landscaping. Item completed. A master plan of water, sewer and storm drain facilities has been submitted, reviewed and approved by the City of Newport Beach. Final construction plans for sewer, water and stone drain are currently in the advanced stages of plan check. Not applicable. Item relates to the Upper Castaways development only. William Woollett, Jr. Chief Executive Officer Son Joaquin Hills Foothill/Eastern CorrldorAgency Corridor Agency Chairman: Chairman: Patricia Bates Scott Diehl Laguna Niguel Son Clemente TRANSPORTATION CORRIDOR AGENCIES January 22, 1996 Genia Garcia City of Newport Beach Associate Planner 3300 Newport Blvd. Newport Beach, CA 92663 Re: Irvine Apartment Communities Utilization of SJHTCA Fee Credits SJHTCA Transfer No. SJH-57 Dear Genia: Walter D. Kreutzen Executive Vice President Finance & Administration Gregory G. Henk Executive Vice President Design & Construction RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH JAN 2 61990AN p� �'�81913UIll112111213141g'tl Pursuant to the request from The Irvine Company, the SJHTCA will release fee credits in the amount of $413,700 for 300 units to be built on Tract 14989, Zone B at Newport North. Please have The Irvine Company complete the Transfer of Interest in Fee Credits form to keep in your files. This Agreement -assures both the City, Agency and Company that there is no unauthorized use of fee credits. The Agency does ask that you include the amount, date and for which tract and number of units for which fee credits have been relinquished as part of your quarterly submittal fees. Sincerely, ) 1&� Kathy Besnard Manager, Administrative Services Encl. cc: Cynthia Daily, The Irvine Company Maria•Fazio, TCA Gil Scofield, County of Orange, EMA Financial Services 201 E. SANDPOINTE AVE., SU17E 200, P.O. BOX 2BB70, SANTA ANA, CA 92799-8870 714/436-9800 FAX 714/436-9848 Members: Anaheim • Costa Mesa . County of Orange • Dana Point • Irvine . Lake Forest • Laguna Hills • Laguna Niguel Mission Viejo • Orange • Newport Beach • Santa Ana • San Clemente • San Juan Capistrano • Tustin . Yorbo Linda ® Fecycled Popnr AAL. December 5, 1995 Ms. Christy Teague City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 RE: Name Correction - Baypointe Apartment Project (Tract #I4989) Dear Christy: 116a _tvt.w bt PLANNING DEPARTMENt r1TY OF NEWPOIRT SEW' DEC ! 1995 FM 71g191M 1111121112A4A 6 This letter will serve to notify you of the official name change of the Baypoint Apartments to Baypointe Apartments. Please inform the necessary city agencies of this change. If you have any questions, please do not hesitate to call. Sincerely, Richard E. Lamprecht Vice President Development REL:skc 550 Newport Center Drive, Suite 300, Newport Beach, California 92660 • (714) 720-5500 • Fax (714) 720.5550 c, 4 "7 Ic' t e"; i", t 6 11 ti It '17 Zcm, 'ci r tIc " � % I , l i, , ;I ", , -c . . c, , 0 it, t �I I- Ip, r 4 It", , -- ".I ic, 'fi , , i, , i , � ; 'i" 's it- - - . - - - - - , I,. —,, � ; i I i c 4� Y, cl cp t I" X c ci, 'rc, I"I ic", 4t I c�o A m it'ACOUSTICAL", BUIL. DING. UPGRADES C121PTION Lm, DES yp '43 :BULDINGS f;:AChNG'SAN,-JOAOUIN-PIL��'S�TIZANSPO N'COPPJDOR . .. ... LPGRADE �BLDG TYPE,' itiSEE lIu 14 6 IST,` 2ND E- 3QD - FLOOR:COPNEP 6 3KD FLO ;-6 --�"i AND,* 2ND: FLOOO�.-bQPNER BEDROOM I' ,:A OR CORNER BEDROOM I '3'',,�-.,��2ND,'-FLOO;2'COPNEE12�'LIVING,;200M,,', =LOOP, CORNER, MASTER BEDROOM%' 13 NT5qANCE OFfre 2 WIL PLAN$ AND PER, ,QOW COWNtRXITCHEN': -DROOM B 15 1 2ND,�'F."3k>D'F�L,0012'COk>NE;Z.BE= �A f�'3RD:FLOOR.00PNER-�MSTR BEDROOM':— B 4 2NIJ 4 2ND! 5,3QD': FLOOR. CORNEIZiBEDROOM 2 13" FLOORi COR NEER BEDROOM 2L� --:w>DiFLooP,,coRNF-RUvNG Poom B, 14)'� 5 19 N 2ND 3;:?o FiLoozccORNER- BEDROOM )OR .LIVING�ROOM CORNER =P E3EDi I,, B ,!,SIDE:VIEVT5 STL2ND:E3PDFLdbki:coRNr 3RD ViNG DINING ROOM BID LOOP :�ORNErz,:KITCH s 1�5,,'IST 12P ORNER'LIVING/DINING 1200M 76 0 FLOOR:6 FACING .-'jAMBOREE,,-LRQAU',�,.,-,,�e,,,' ROOM A 17 C A 2ND, FLOiQNEP LIVING, 3CP;97F'W�� 7� '0012N _ROOM A 1? OM; b NiN6 "2ND'FLOO g P. ERBEDPOOM fAST-,,:2iND f.9- OOQNEP� LIVING/ I Is FLOOR NO*.-.CdRNEQ BE ZOOM, I A B M It-,,5wD,FL > KtroHEN B IF 5 'SRD LIVNG/DINING oi coRkEk, 7 . ..... & �`ST �*10 FL6012,COPNEQ, BEDROOM I ORNER LIVING/DINING ROOM' A .... . ISTp jo; FLobP 61;v: FLooiz�'CO'RNE=-q,.,L]Vlf�G�,1;?OOM,�'�-' OOM I'L -,:312U, F B� RNER'LIVING ROOM S' -LOOR. Co A A -DRIVE E3ULDINGS, FACING UNIVERSITY,' B LOOP,t tORNER �,LJVING 1200M E3 B '0' NEP! EDP D 0 :)M �� I , A F IVNG-R0 LOOP C012NF-R IST,�2NDTI.00P,,C( )ONER. �IVING' 1 4 A'' '2,,� �,IST;, 2P 2ND 3Q0" PLOOQ'CO0NEP 12001 S E -4, 5PDlf:L:LOOP it :)OM 2": A,' OIZNE12 BEDR( 5.6'IST 2ND A :�PD FLOOP'CORNE0. BEDPOOM� li�I, SQD' FLOOR P LIVING/Di RM "A" M �q -OPNeP!,MASTEo BEDROO 2 IST'-2ND. FLOO12.,.CORNER LIVING/DININ( `POOM 'M I 'dORNEP B 01c s N- EDR00 A 2� I T,' 2ND FLOOR NO tIST,.:-2ND 3QIJI�FLOOP,0012NER BEDROOM 1, 13 5, FLOOP'tNORNER, LIVING/DININ 8D 'I, OOR ITtHE B- -P LIVING/DNING 5 ISTI, 2ND FLOOR C012NE ROOM:' B ORN�R LIVING -ROOM'' ..B. 6 ISTi 2ND, 3RD'FLOO12.'C 30D FLOOR COPNB;� BEDROO, M I 1 -2 D'FLOOOcoRi LIVING POW,-c ST, N A y 17 IJ, 4 1) .1 - . . IA,� A' I T 1 1 I r I 1 -1 0, I_y C 6 4, 1I , to AD p U GR E GLAING REP -,TYFn-- AL Ii8 D USLE STRENGTH GLASS ''o L) T )'�'�87-14aOvuwvvw, 3/16 FLOAT, GLASS EWNR o,.�2, 8 5 yd 3A6*, FLOAT, GLASS. '-84)* .7-,44 1/4' LAMINATED 'GLASS' WNR -30 --(STC ll, I T 74� "1 4, 2 k k _I Zc I tic cl 2�1'e L I I :T ic L cl� �j r It tic c, cr, j 7 t" ,cc� cr c kim � I I i -�UNTi= ARY�.,,' AND, ti'U "'tic N Ii'li UNIT lrl, 16ftkANDICAO'bLD6 UNIT UNIT -m� UNIT' UNITS j 'c p -31,.;PLAN' 4 '41, AGE PLAN L �PEP BLD 4.Q t,cTYFr-:,iii'PLAN 1" 4 PLAN 5: PLAN 8� il r, t I� c :cc, 'i c', - ll � i " : "i � , l" .1 1 -i I B -3, `6 6 2 0" 0 ..0 r -5c '0 2 2 0 .0 "1 3 0 j, : 0 0 4 6 .6 2 AL, 2 b iI51 r B A "', � � � " ' ' � l -'t I ,, : I 1 1. 1 .1 , I : I I I . I � , ,, " c, r'� � Jcc .", :it' i . 1, 1� I I I L .. � ', 1 1 ," r I c. � It r '� " L I IL, , r' ri, .1. 1 r . Irl I I , :� , , I . i 'I cc� 0 0 "6 01 2, 0." 21, '7 C '0 0' 2 cm 3' 6 6 21' V. E; I I I., t".1-i"', t'i 1. 2' cr��c 01, 11 c 2 3"" 6 6 'cI '2 T- 4 �ci 10 0 0 4" 21- PAF 11 kKt= V IKNG,, REQUIRED E� 3 2 16 APARTMENTS 6'. 2- 0, c� '4 6: 2 ci IT to y B Ir ;I. c ci. 'o �2 i "A, �c14 ;�I 0 12 I,f I I L 0, Q-15SCIENT SPACES- PER (111T�?Ic,300 X187 Oc ;��',icclii-I�;�l 11 SPACES `V 4 6 6 22 ACES TOTAL'SP 12E Zi,c' _ � I, , '' , * ' "r 1 1, - , I . r . I L'i 11 %�- 1 3 , I I , I, 1 11, " I I I I - , I , I �. 4, �,,5% OF. GU Ap ;7 i"' t) (WEV) A� I � � 0 4 6 22 _EST SPACESTO BEr .2, cl 4 7 WANDICAPPM -TOTAL SPACES RECL52M 0, 6"' 0 2 . . . . . . .... I "I . "I - I ::, it r -1i , � 1; , it-, I I, - . I I : I� . � I r ". ,_ " 1" `c :'� , � - �, C o I ; I It. r . � � , 0, 1 0 t 'ci 0 7 liciv W11 N F-I 21c, .1; :c' "I i,. PARKINT PROVIDED,`�,A,'': �J " 1' 6'- " * 6 c, 4 r -FACES' 345,," 1:k, 1. 1 - - , I I C 110- Wlill�l 0,; 2- TAWA AWAW',u �1`1 I tit w j TANDA0, OPEN -SPACES' 201 4 --:0 . .... 4c 0 L PACES' ci, NDC 4 A 4 6" 2� kAJ AP OPEN (REV)' 22 TO I AN... SPACES'PROVOMi" 76" 0 !�2' ic" 0 it.g. i It; 21 il Tri IcLi 'It, 6 -A Ic. 441 4 6 52 - 78 8 :ci 2 �.ltl vIc, s "TOTAL -6 26 7 Lt:UF.ND ...... -L: A c: it\ it, i 1 4� i i, SI-EETNUMBER Projoct I vy, Chwk!d i,c StEETS "a r — I c cl, ' ' "' scale in' -50&-01 w waa, CWA* "MIM MVUW M W- AVQ 6 FWAVO N WWMFW K �n Of U4 RS r Aw OKA V NOT X REMMM DR DEMB TO ODERS MAW THE jo =AM% W=U MR X, /U MM03 KUM MOOR,RALjNG. STAIR, TOWE LM- 7YPE-AI -'WASTE,, DISPOSALIc 1 �A�WFtHT4$'SY&ABM,PROME,ARA"AT,TI-E RE TS .,, "ll-71ii." 11 . . iti , , ":i I- . . Ii , I I 0, AILTEIRNATE IRS i VVW18717,� Fjk-�STI. 6P LEVEL, PER A] AND A4 ON SWEET D-7. THIS OCCURS 0-62E THE92E REQLQeb NAIBER� OF CONTAINERS'(4. Xi NLM CCNTAINER$�- 2A X 36&owaLNG'Lx4Ts,)����'bA*s's�l�eN $DEWALK- SEEILAN=APE AM CIVIL PLANS ttOFIRECUMD, cc T QURNG�.�rACOUSTICAL-,GLAZNG'LPGRADtS 'BUIWINQ "INUMER, 'AM I �C FEET tApAaTY, PERl EA04 �CONTJNLW Esseik UWS RE ES REVERSE BUIL ING UPGRADES PER THE' HAJI�MAR, GARAGL,5P�A WITH TH 0�:TYOE ViX04i' G SYWCL, REQUIRE GLAZ Ab W:ROr*ROELeW, -NM 14A-H—M-3) 'SC:HEDULE ABOVE rIe a.AZM LPGQAM 1 7, TWOVORY:" PLAN ONEA AND B, MY-'SE5 SWEETS A442 AM A� STRUCTURAL FCQ TWO -TYPES OFiWK0OW VW4CW- MAY, OCCUR .;e OCCURS, ATA,ANL) BTYPEi, L ER& ONE - BMR&N �--Pk 3100,JAMBOREE CTURE W74DOW ORIENTATION PRoI%ECT!ADDMS _$T T MI. t (PE 1.19 OCCURS AT B CLUSTE2S,ONLT 0 VIVA kcw f j:x I ;?bteOucte 0Qm&, V -0 SEE N16M ON SITO PLAN FM ORIENTATION SY PATIO ORi:.BALCONY',NOM Orl e 'ERE,5 i(66 4MIN LNT�WH Q50 WNVOW OCCURS. -19ONSW�ET--D,-3F<)O'I'ST,.F!LjOM; EE DETAIL,�A� OR, Z'H0L11R'AREA,'$EPAAATI0N DETAL$13 AND 17, ON SWEETA�P6 f ltPtIaMff, *LAVAT BARIZEIZ SEC A OF . ..... �,210,AND 3RDnOOR, BALCONYi! WAUS'TO BE'DE1 :Oe LboATIONS, OF 2 HOLJ12 AREA PLANS, A SEE CLUSTER all, -ADMESSAEGEND MTED" AND El F )Pr OIZ AWITIONAL,1W RMATION, THS DRAWING AM '�ANALYSS IZ5N F SEPARATION WALLS.- LOCATi wrTH THtS;SYM30L AS,SHOWN ON bnE 0 USNG'IhFORMATIO A it, ' �c - EN A :i, : II, - T)QTCs1![N Y; f�Loolz - , � c, �; � r I I, -, ";' "- :1 - i7 I PLAN' Al2E NOT TO, EE QONSTQUCTEDj.,- 2GONT-1 AM RANO DoN,%axT,A5UNTEWR ELEVA710,6,t`;� HO 18,RfrEMED' =R ADAMS STREE CIMI ENGIINE -REOLME SEE PLANS440*AFIED'SY-'CW�'ENGIF-M-r AL AL CHITECTURAL am REPOSnIONAME"COUNTERTOPS 'ONLY TO,, PRO E WORMATION-DEWIRBIING�'itAIR VA4 ON -SWEE`T- C�-7 -,N 20 FW SO SEE 0 GRADES;;HOF QV IWORM G. 1% 1A R ORMATION. ATIONS. QQ DEC 05 '95 02:20PM IAC P.2/2 RRMNE APAR1 MOff COMMUNITIES I December 5, 1995 Ms. Christy Teague City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 A& Name Correction-BaypoiateAparlmentProject (Tract #14989) Dear Christy! This letter will serve to notify you of the official name change of the Baypoint Apartments to Baypointg Apartments. Please inform the necessary city agencies•,of this change. I If you have any questions, please do not hesitate to calf. Sincerely, Richard E. Lamprecht Vice President Development 1W140M1q S50 Newport Center Drive, Suite 300. Newport Basch, Cs(itornia 92660 - (714) 7205500 • Fax (714) 720.5550 DEC 05 '95 02:19PM IAC P.1/2 FAX TRANSMISSION To: Christy Teague Fax #: 644-3250 From: Sarah Chaffin IRVINE APARTMENT COMMUNITIES, INC. 550 NEWPORT CENTER DRIVE NEWPORT BEACH.! CA 02660 720.5�67 FAX: 720.5550 Date: December 5, 1995 Subject: Baypointe Apartments COMMENTS: Per our conversation, attached is the letter i apartment project. The hard copy will folic Pages: 2, including this cover sheet, CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 September 26, 1995 Sheila Rutledge Newport Mesa Unified School District 2985 C Bear St. Costa Mesa, CA 92626 RE: Addressing Plan Baypointe Apartments, 3100 Jamboree Rd. Dear Ms. Rutledge: Enclosed please find an addressing map and plan for the 300 unit apartment project located at 3100 Jamboree Rd. per your request. The addresses will all be on `Baypoint Drive." The building permits should be issued on this development within the next month or two. I hope this -will meet the needs of your office. If you have any other questions, or require anything further of our office, please contact me at 644-3207. Sincerely, Christy D. Teague Associate Planner 3300 Newport Boulevard, Newport Beach NEWPORT BEACH FIRE DEPARTMENT Timarhy Riley FIRE PREVENTION DIVISION Fire chief P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 (714)644-3106 June 30,1995 Moira J. Boynton Gannon Design 112 East Chapman, Suite G Orange, CA 92666 Dear Ms. Boynton: Attached is a copy of the memo sent to you by Genia Garcia, Associate Planner. In reviewing the letter, I noticed the following error in the second paragraph. "The Fire Department has suggested that the entire four digit number be located on each unit." This letter is to inform you that the placement of numbers on each and every dwelling unit is not a "suggestion," it is a requirement by the Fire Department and therefore a condition of approval for the project. If you have any questions about this, please feel free to call me at 644-3108. Thank you for your attention to this matter. Sincerely, Steve Bunting Fire Captain att. cc: Genia Garcia PLANNING DEPARTMENT CITY OF NEWPORT BEAW JUN 3 0 1995 PM 718191101ll1]21112131415i6 b 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 June 27, 1995 Moira J. Boynton Gannon Design 112 East Chapman, Suite G Orange, CA 92666 RE: Address assignments for Tract #14989, 3100 Jamboree Road Dear Moira: Please be advised that staff has approved your addressing plan for the Baypoint Apartments located at the above referenced property. The Fire Department is in agreement with the proposed street name suggestion of "Baypoint Drive". The address assignments are based on four digit numbers, each denoting the following: =Z: XX=Building Number F=Floor (level) Z=Unit Number Please be advised that Section 9.04.270 of the Newport Beach Municipal Code requires appropriate street address numbers on each and every dwelling unit. The Fire Department has suggested that the entire four digit number be located on each unit. These numbers are required to be a minimum of 4 inches in height, colored in contrast to their background and visible from the adjacent street. Our staff will make the necessary changes to records maintained by the Fire, Building, Public Works and Planning Department, but it will be your responsibility to notify all other affected agencies (i.e., Post Office, utility companies, etc.) of the address changes. If you have any further questions or concerns, please do not hesitate to contact me at (714) 644- 3200. Very truly yours, PLANNING DEPARTMENT JAMES D. HEWICKER, Director B enia Garcia Associate Planner 3300 Newport Boulevard, Newport Beach WE ME x t N a e Date - Vote, 1Z, m SHEET Job W . I I Pro* t Dim for S-1 Chft-*Od By OF, SHEETSIC, W DMMW COKA16 OMMON PWYMY TO Ma4W PARAM" &rl W6RWO IV CWM fOR DE LUIZD MEW& oof R DOW" OR (IS WgM WY NOT BE M ANY %PaTND MAY NOT 81 NAWCaD CR WOM TO ODERS WW V PRIDR WM MVSW OF WAWA MW & W- 14L RM &WW, OWMW 1975. 1�? k� I fA AUG 29 '95 03:49PM IAC q..� '�13 P.2/2 August29,1995e- s�� , ity oft. Dep CC/�^✓ City fNewportBeach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Compliance with Conditions and Mitigation Measures - Nual EIR Report 01.48; TTM 4 14989; Site plan Review 472. To %omit May Concern, The purpose of this letter is to provide documentation to the City of Newport Beach that Irvine Apartment Communities, Inc., as managing partner of Irvine Apartment Communities, LP_ hereby affiuns its agreement to comply with all mitigation measures and conditions of approval associated with the above -noted actions. Please contact me ifyou have any questions, Sincerely, Richard E. Lamprecht Vice President, Development REL:cmz S.iShhamd/rAC/bpr--eona OCT 26 '95 10:40RM IRC P.2/2 11/A\ WMAPAIUMENTCOMMUMM October 25, 1995 Ms. Christy Teague City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658.8915 RE: Landscape Intent Lader - Baypointe Apartment Project (Tract 014989) Dear Christy: The purpose of this letter is to document the intent of Irvine Apartment Communities, L.P., (IAC) the developer of the above -noted project, to submit landscape plans in accordance with all applicable City ordinances and mitigation measures pertaining to the project. Such landscape plans will be submitted for City review by approximately November 15, 1995. IAC also hereby acknowledges that such plans must be reviewed and approved by all applicable City departments prior to installation, and that landscape improvements must be completed prior to obtaining a Certificate of Occupancy for each building. If there are any questions related to the above, please contact me at (714) 720-5565. Since Richard E. Lamprecht Vice President Development REL/skc 650 Newport Center Drive, Suite 300, Newport Beach, Caliiotnia 92660 • (714) 720-5500 - Fax (714) 720.5550 OCT 26 '95 10:40RM IRC P.1/2 14M1SPRSkCK AFFINLLOTl1SIFAXBLNKW KI DATE: October 26, 1995 NO.OF PAGES, 2 TO: Christy Tea ue FROM: Sarah Chaffin for Rick Lamprecht_ COMPANY: City of Newport Beach FAX: 644-3250 IRVINE APARTMENT COMMUNITIES 550 NEWPORT CENTER DRIVE SUITE 300 NEWPORT BEACH, CA 92658-8904 FAX (714) 720-5550 MESSAGE Per our conversation attached is the Landscape Intent letter Rick prepared for Public Works The original will follow via U.S. Mail. If you do not receive all the pages indicated, please call back as soon as possible to Sarah K. Chaffin (714) 720-5567 11AMC IRVINE AP,ARTIVIENT COMMUNIZES October 25, 1995 Ms. Christy Teague City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 RE. Lamiscape Intent Letter - Baypointe Apartment Project (Tract # 14989) Dear Christy: RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACP OCT 27 1995 PU 7►819►1001141► 1314►516 4 The purpose of this letter is to document the intent of Irvine Apartment Communities, L.P., (IAC) the developer of the above -noted project, to submit landscape plans in accordance with all applicable City ordinances and mitigation measures pertaining to the project. Such landscape plans will be submitted for City review by approximately November 15, 1995. IAC also hereby acknowledges that such plans must be reviewed and approved by all applicable City departments prior to installation, and that landscape improvements must be completed prior to obtaining a Certificate of Occupancy for each building. If there are any questions related to the above, please contact me at (714) 720-5565. Richard E. Lamprecht Vice President Development REL/skc 650 Newport Center Drive, Suite 300, Newport Beach, California 92660 • (714) 720-5500 • Fax (714) 720.5550 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation Measures/Conditions Condition # i Condition Status Response MM4 Prior to the issuance of any grading or In Process building permits for the development, that the noise study for the project be revised to include potential future traffic for the JR-5 ramp, and that the mitigation measures suggested in the revised report be incorporated into the project design. Additionally, all tenants and/or owners shall be informed of the potential JR-5 ramp connection to the San Joaquin Hills Transportation Corridor, and the potential adverse impacts which would result from its construction. MM5 All exterior lighting shall be designed and maintained in such a manner as to conceal light sources and to minimize spillage and glare to the adjacent residential properties. Prior to issuance of a building permit, lighting plans shall be submitted by a licensed electrical engineer with a letter stating that, in his opinion, this requirement has been met. The revised noise study incorporating the impact of the proposed JR-5 ramp has been prepared, submitted to the City for review, and approved by Staff. Mitigation measures related thereto are incorporated in the current building plan sets being checked by staff. Prior to C of O, the applicant will submit a disclosure statement related to the JR-5 ramp for staffs review and approval. Complete Building plans currently in plan check include an exterior lighting plan. A letter from a licensed electrical engineer certifying compliance with the requirement has been submitted to staff for approval. BPTCOND.WK4 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation Measures/Conditions Condition # Condition Status Response TTM 1 That a final map be recorded. That the Complete Final Map recorded October 5, 1995. final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor/engineer preparing the map shall submit to the County surveyor 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 Manual, Subarticle 18. TTM 2 That prior to recordation of the final map, the Complete Final Map recorded October 5, 1995. surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Manual, Subarticle 18. TTM 3 Monuments (one inch iron pipe with tag) shall Open Item cannot be completed until be set on each lot comer unless otherwise construction is completed. Applicant approved by the Subdivision Engineer. bonded for completion of this item. Monuments shall be protected in place if installed prior to completion of construction project. BPTCOND.WK4 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation MeasureslConditions Condition # Condition TTM 4 That all improvements be constructed as required by Ordinance and the Public Works Department. Status Res onse Open Item cannot be completed until construction is completed. Applicant bonded for completion of this item. All improvement plans in plan check. TTM 5 That a standard subdivision agreement and Complete accompanying surety by provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. TTM 6 That each dwelling unit be served with an individual metered water service connections to the public water system and sewer lateral connections with a cleanout to the public sewer system unless otherwise approved by the Utilities Department and the Building Department. Improvement bonds provided to the City prior to recordation of Final Map. Complete Basis water and sewer system reviewed and approved by staff. Final plans in plan check. TTM 7 That the on -site parking, vehicular circulation In Process Precise grade plans being reviewed by SPR 3 and pedestrian circulation systems by Traffic Engineering. Applicant has not subject to further review by the Traffic received word as to status. Engineer for compliance with City policies, standards and codes. BPTCOND.WK4 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation Measures/Conditions Condition # Condition Status Response TTM 8 That the on -site circulation system connect Complete Included on precise grade plan currently SPR 4 to the existing Bike Trail along San Diego in plan check. Creek between buildings 14 and 15 in a manner approved by the Public Works Department TTM 9 That the design of the private streets and SPR 5 drives conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer for compliance with City policies, standards and codes. TTM 10 That an Encroachment Agreement be provided where non-standard improvements are to be constructed over public easements. In Process Not Applicable Precise grade plans Traffic Engineering. received word as to being reviewed by Applicant has not status. No non-standard improvements over public easements. 4:200P.lRXhrl.G! 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation Measures/Conditions Condition # Condition Status TTM 11 That the intersection of the private streets In Process SPR 6 and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirements may be modified at non- critical locations, subject to approval of the Traffic Engineer. Response All sight lines will be shown on the landscape plans to be submitted to and reviewed by City staff. TTM 12 That the California Vehicle Code be In Process A sign will be provided at the entry enforced on the private streets and drives, informing those who enter that the and that a Traffic Control plan acceptable to California Vehicle Code is being the Police Department and Public Works enforced. No other requirements have Department be provided. been conveyed to the applicant in this regard. BPTCOND.WK4 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation Measures/Conditions Condition # Condition Status Response TTM 13 That if it is desired to have a control gate at SPR 7 the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. The entry gate shall have a minimum clear opening of 16 feet. The control gate shall be equipped with Opticam and Nox Box devices for emergency access as approved by the Fire Marshal. The gated entry shall have a minimum,of two lanes in (one for visitors and one for owners). The guard gate shall be positioned so that a minimum of 80' is provided for automobile stacking. TTM 14 That additional right-of-way be dedicated to the public along the University Drive frontage to provide a right-of-way width of 118 feet with an additional 6 foot dedication easterly of the proposed entrance for a deceleration lane; and that frontage improvements be constructed to provide for a third west bound lane on University Drive along the project frontage with a deceleration lane at the entrance to the proposed development. Complete Gate design meets all the required criteria. The gate design with gate details is included in the precise grading plans currently in plan check. Complete The additional right-of-way required to be dedicated was accomplished on the Final Map recorded October 5, 1995. Frontage improvements have been bonded for as a part of obtaining Final Map approval. BPTCOND.WK4 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation Measures/Conditions Condition # Condition Status TTM 15 That additional right-of-way be dedicated to Complete the public along the Jamboree Road frontage to provide a minimum right-of-way of 142 feet; and that frontage improvements be constructed to provide for a fourth north bound lane on Jamboree Road along the project frontage. TTM 16 That easements be provided for public Complete emergency and security ingress, egress and public utility purposes on all private streets and parking bays be dedicated to the public within the development; that the location, width and configuration of the easements be reviewed and approved by the Utilities and Public Works Departments; and that the easements be dedicated prior to recordation of the tract map unless otherwise approved by the Public Works Department. Response The additional right-of-way required to be dedicated was accomplished on the Final Map recorded October 5, 1995. Frontage improvements have been bonded for as a part of obtaining Final Map approval. Easements dedicated as part of the Final Map, recorded October 5, 1995. TTM 17 That asphalt or concrete access roads shall Complete Required access provided to all such be provided to all public utilities, vaults, items. See improvement plans currently manholes, and junction structure locations, in plan check. with width to be approved by the Public Works Department. BPTCOND.WK4 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation Measures/Conditions Condition # Condition TTM 18 That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. That all vehicular access rights to University Drive be released and relinquished to the City of Newport Beach except at the proposed private street entrance and utility access as approved by the Public Works Department. Status Response Complete All vehicular access has been released and relinquished as required per the Final Map recorded October 5, 1995. TTM 19 That street, drainage and utility improvements Complete All improvement plans prepared by be shown of standard improvement plans Adams Streeter, a licensed civil prepared by a licensed civil engineer. engineering firm and in accordance with City standards. All plans currently in plan check. BPTCOND.WK4 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation Measures/Conditions Condition # Condition TTM 20 That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to the recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That the design of the storm drain system meet the National Pollutant Discharge Elimination System (NPDES) Standards. TTM 21 That water and sewer services for the subdivision shall be provided only by the City of Newport Beach unless otherwise approved by the Newport Beach Utilities Department. Status Response Complete A hydrology and hydraulics study along with a master plan of sewer, water and storm drain facilities was submitted to and approved by the City prior to recordation of the final map. Changes requested by the City are incorporated into the final plans currently in plan check. An NPDES permit has been obtained by the applicant. Complete All service arrangements have been made with the Newport Beach Utilities Department. TTM 22 That the water system by looped between Complete Looping system and pressure University Drive (Zone 3) and Jamboree regulating station included on water Road (Zone 2) with a pressure regulating system plans currently in plan check. station provided unless otherwise approved by the Utilities Department. BPTCOND.WK4 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation Measures/Conditions Condition # Condition Status Res onse TTM 23 That a 10 foot wide Easement be provided from the Jamboree Road frontage in order to loop the proposed water system. The easement shall be paved with a hard surface unless otherwise approved by the Public Works Department in order to provide maintenance capabilities TTM 24 That County Sanitation District fees be paid prior to issuance of any building permit. Complete A substitute arrangement to provide access to this area has been agreed to between the applicant and the City. Such arrangement is shown on the water system plans currently in plan check. Not Per discussions with the City Utilities Applicable Dept., Baypoint site is not in the County Sanitation District system. The City has reached an agreement with IRWD to hook into their system for this project. Consequently, the applicant has been notified that this condition will be waived. TTM 25 That fire hydrants be spaced a maximum of Complete Hydrant locations have been reviewed SPR 8 300 feet apart unless otherwise approved by and approved by the Fire Marshall. All the Fire Marshall and that a fire hydrant must hydrant locations are included on the be located within 25 feet of all Fire system water system currently in plan check. pump connections. TTM 26 That the Water Capital Improvement fee In Process Water Capital Improvement fee to be be paid. paid upon issuance of water system plans. BPTCOND.WK4 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation Measures/Conditions Condition # Condition Status Res onse TTM 27 That prior to issuance of any grading or Complete building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. TTM 28 That the Public Works Department plan Complete check fee be paid. TTM 29 That any Edison transformer serving the Complete site be located outside the sight distance planes as described in City Standard 110-L The applicant has worked with the City Utilities Dept. as to sewer capacity. As noted previously, the site is not part of the Orange County Sanitation District system, and consequently, no verification from them is necessary. Plan check fee paid. All transformers located outside of site distance lines. See precise grade plans. BPTCOND.WK4 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation Measures/Conditions Condition # I Condition TTM 30 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. There shall be no construction storage or delivery of materials within the Jamboree Road or University Drive rights -of -way unless otherwise approved by the City Traffic Engineer. TTM 31 That overhead utilities serving the site be undergrounded in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. Status Response In Process The applicant will comply with this condition during the construction process. In Process The applicant is working with SCE to underground the transmission lines on Jamboree. The applicant is also working with SCE to relocate another set of lines to be overhead adjacent to the site. This treatment was approved as part of the TTM and SPR approvals. TTM 32 That a fire protection system acceptable to In Process The applicant will comply with this the Fire Department be installed by the condition during the construction developer and tested by the Fire Department process. A plan has been reviewed prior to storage of any combustible materials with and approved by the Fire Marshal. or start of any structural framing BPTCOND.WK4 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation Measures/Conditions Condition # I Condition Status TTM 33 That the existing vehicular access be Complete SPR 9 maintained off of Jamboree Road at the Jamboree Road bridge to provide for County Flood Control access to San Diego Creek and Bonita Creek. The design of this access shall be approved by the county of Orange and the City Public Works Department. Response Access road maintained. See precise grading plan. TTM 34 That Lots A, B & C be privately owned, In process The applicant is recording an open landscaped and maintained. Landscaping space deed restriction against these shall be installed as described in the tots in favor of the Coastal Commission. approved site plan. Landscape plans for these lots will be submitted by 10-20-95. TTM 35 Subject to feasibility and approval by the Complete The applicant has conferred with the TCA, that the future freeway ramp right-of-way Public Works Department to arrive at an on Jamboree Road be graded to future ramp acceptable grading solution in this area. grades unless otherwise approved by the See rough and precise grading plans. Public Works Department. TTM 36 Prior to recordation the map shall be revised Complete Final map recorded with corrections to delete the term "Vesting" and correct October 5, 1995. statistical errors and section labeling errors. BPTCOND.WK4 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation Measures/Conditions Condition # Condition Status Response TTM 37 Lot C shall be divided adding a Lot D which In Process The lot C and D changes were would encompass the portion of Lot C facing completed as part of the Final Map. Bonita Creek and containing the improved Dedication of Lot D will occur after bicycle trail. Lot D shall be dedicated to the construction of the project is complete. City of Newport Beach. TTM 38 Notwithstanding the maintenance of Lots A, Complete No additional action necessary. B and C as private open space, all lettered lots shall be deemed as satisfying the requirements for open space dedication contained in the Circulation Improvement and Open Space Agreement. TTM 39a Prior to recordation of a final map or issuance Complete Hydraulic study addressing these items of any grading or building permit, whichever submitted and reviewed prior to occurs first, a hydraulic study shall be recordation of the Final Map. submitted demonstrating that the building pads will be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood. BPTCOND.WK4 10/12/95 BAYPOINT APARTMENT PROJECT Compliance with TTM #14989 and SPR #72 Mitigation Measures/Conditions Condition # Condition Status Response TTM 39b Prior to issuance of any occupancy In Process All required improvements identified in certificate, the flood protection improvements the hydraulic study are included in the identified in the hydraulic study that are storm drain improvement plans necessary to protect this site from flood currently in plan check. The applicant inundation shall be constructed in a manner has bonded to complete such meeting the approval of the Building improvements. Department. SPR 1 That development shall be in substantial Complete All plans are in conformance with the conformance with the approved conceptual approved plans as listed. grading plan, landscaping plan, site plan, floor plans and elevations, except as modified in the following conditions and those imposed on the Tentative Tract Map SPR 2 That this site plan review shall expire unless Complete No action necessary. exercised within 24 months from the date of approval as specified in Section 20.01.070 K of the Newport Beach Municipal Code. BPTCOND.WK4 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of The Irvine Company for Amendment No. 814, Tentative Map of Tract 12309, and Site Plan Review No. 72 on property located at 3100 jamboree Road. Request to amend the North Ford Planned Community District Regulations to modify the parking requirements for area 4 of the development plan to allow for the reduction of forty parking spaces as required to comply with the requirements of the U.S. Fish and Wildlife Service. The application also includes a request to subdivide the property to allow condominium development on the site, as well as approval of the site plan as required by the District Regulations.. NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department; City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659-1768 (714) 644-3225. Notice is hereby further given that said public hearing will be held on the 5th day of Tanuary_,1995, at the hour of 7.30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at; or prior to, the public hearing. For information call (714) 644-3200. Tod Ridgeway, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant 1/.91 a Mn1GAT ON MONn'ORING PROGRAhl SUMMARY, mat. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure trict or City, policies dictate otherwise. The Plan shall be re- viewed and approved by the -City Engineer prior to issuance of grading permits. Lod Use Implementing Method of Timing of Responsible Action Verification Verification Person 80. Prior to approval of a site plan review for the Upper Condition of Castaways site, the applicant or successor in interest shall pro- approval vide evidence that they have consulted with the Newport Har- bor Lutheran Church regarding the design or the residential development. Design issues to be addressed include, but arc not limited to; parking. access, location and placement of siruc- tums, direction( signago, and landscaping. Fc\_\CIOSA\MM-TBL 28 Plan check Prior to site plan approval f Upper Cutaways Planning Dept. plan checker MITIGATION MONITORING PROGRAM SUMMARY, coot. CIRCULATION IMPROVEMENT" AND OPEN SPACE AGREEMENT' Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person measured sections and samples shall be made before and after alteration. Samples shall be prepared and analyzed as part of th e efforts. The City of Newport Beach shall be responsible or retaining a qualified paleontologist to conduct the compam- tive study and sampling. A report shall be submitted to the Planning Department within 90 days. P lie Services and Utilities tAw Bnfomcment 71. The projem proponent shall work in conjunction with Condition of Plan check Prior to budding Planning/Building the City of Newport Beach Police Department to ensure that approval permits Dept. plan checkers: crime prevention features arc included in building design and Police Dept. construction. The City of Newport Beach Police Department shall review all site plans and access plans. Water 72. Prior to issuance of grading permits for the develop- Condition of Plan check Prior to grading Plattoing/Building ment sites, the applicant shall be responsible for preparation of approval - permits Dept. plan checkers; a Master Plan of Utilities.' The Master Plan of Utilities will City Engineer determine any necessary expansion of facilities and/or any modifications, upgrades or extensions to the existing water systems resulting from this project. All necessary expansions of facilities and/or upgrades or extensions of existing water sys- tems needed as a result of the project will be the responsibility Of the developer, unless current district or City policies dictate otherwise. The plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. Wastewater 73. Prior to issuance of grading permi% the developer Condition of Plan check Prior, to grading• Planning/Building will provide a Matter Plan of Utilities facilities for the on -site approval permits Dept. plan checkers; development in order to determine the exact necessary modifi. City Engineer cations -or extensions to the -existing sewer systems, if needed. All necessary expansions of facilities and/or upgrades or Wen- sions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current dis- , 27 MMGAMON MONrrOIUNG PROGRAM SUMMARY, cont. CIRCU[AMON IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Action Method of Verification 71mingof Verification Responsible Person pared detailing all findings and submitted to the Planning Dc- partment within 90 days of completing the surface examination. rp3MWAY7M VAnON ' 66. Prior to itnuaw of a grading permit for the north- Condition of Plan check Prior to grading Planning/Building } em development area (tot 2), a City approved qualified err- approval permits on Lot 2 of Dept. plan checkcrs� ehaeofogiist shallexamine theaurface of areas previously identi- Freeway Reservation [� fled as CA-Ora-216. The examination shall be conducted after \ be ' removal of brush but prior to grading. A report shall pre- pared detailing all findings and submitted to the Planning De- partment within 90 days of completing the surface examination. PAI mtokw 67. Prior to the issuance of grading permits, a collection Condition of Plan check Prior to grading Planning/Building plan shall be prepared and implemented by a City approved, approval permits on Bay ViM Dept. plan checkers qualified palcontologuctil monitor for known exposed fossil Landing, Newporter localities on Bay View Lamdin& Newportcr North, and Upper North and Upper Cutaways, Because of the small nature of some fossils present Castaways in these rock units, matrix samples shall he collected for pro - resting through fine mesh sciveris. The collection plan shall be reviewed and approved by the Planning Department. 1 6& Prior to thn issuance of grading permits, the appli- Condition of Plan cheek Prior to grading Planning/Building ant shall make provisions for the preparation and curation of approval permits Dept- plan checkers all fossils possibly recanted from the sites during grading. This shall be done la o manner approved by the Cigh Planning Department. t 69. Poor to the Tssuaaee of trading permits, the apprT Condition of Plan check Prior to gradingt Plaaning/Building* , 'S cant shall identify a repository approved by the Citys Planning approval permits Dept, plan checkers l Department which shag receive all fossils collected from the sites. 70. Cliff faces along Upper Newport Bay that have Condition of Plan check Prior` --to tmdwf' - P.lasaing/Bailding served as a reference section for mic"leontologial studies approval -permits affecting Dept. plan eheckcts shouts be protected from alteration. If bluffs along Newport bidfs Bay need to be altered forblufrstabitiation purposes, detailed 26 MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Method of Action Verification Timing of Verification Responsible Person NEWPORTERKNOLL. 62. Prior to any grading or use of the site, the City shall Condition of flan check Prior dtt grading Planning/Building conduct a surface collection of archaeological material present approval permits oA Newpo- Dept. plan checkers on the top of the hill or the Newporter Knoll, with test units rtcr Knoll placed on the hill to determine site significance and bound- aries. One unit shalt be placed in the recorded area of CA- Om-50 to determine if a portion of the site stilt exists. A re- port shall be prepared detailing all findings and submitted to , the Planning Department within 90 days of completing surface collection tut excavation. BLOCK 800 63. Prior to the issuance of a grading permit a qualified Condition of Plan checl. Prior to grading Planning/Building City approved archaeologist shall conduct a surface collection approval permits on Block 800 Dept. plan checkers of CA-Ora-136 on the Block 8W site and subject the site to test excavations to determine site extent and significance. A tut unit shall also be placed in the northern portions of the parcel to determine if a sub -surface midden is under the as- phalt and trash. A report shall be prepared detailing all find. ings and submitted to the Planning Department within 90 days of completing test excavations. CORPORATE PLAZA WEST 64. Prior to the issuance of a grading permit, a City ap• Condition of proved qualified archaeologist shall dig post holes in the areas approval containing surface shell on the Corporate Plaza West site to determine if the shell represents sub -surface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of com- pleting sub -surface testing. 65. Prior to the issuance of grading permit, the surface Condition of near the southern section of the property shall be examined by approval a City approved qualified archaeologist after removal of brush and prior to any ground disturbance. A report shall be pre. 25 Plan check Prior to grading permits on Corpo- rate Plana West Plan check PriaY to grading permits on Corpo. rate Piau West Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers MrIIGATTON MONITORING PROGRAM SUMMARY, cont. CIRCUTA'IlON IMI'RowmENf AND OPEN SPACE AGREEMENT Implementing Mitigation Measure Action area containing shell scatter, to determine if the shell is mpre- sentative of a subsurface archaeological deposit A report shall be prepared detailing all findings and submitted to the Plan. ning Department within 90 days of completing the tat exa- vation. NEWPORTER NORTH 59. Prior to the use or development of the open space Condition of areas forpassive recreational uses, CA-On51 and CA-Ora-518 approval on the Newporter North site shall be surface mlleeted and suh- jeeted to tat excavations to determine site extent and signif- icance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of com- pleting tat excavations. 59. Prior to the issuance of a grading permit, the appli- Condition of cant shall conduct a surface collection of the eastern extension approval of CAOra100 which would be impacted by grading and/or development of residential uses. The surface collection shall be conducted by a city approved archaeologist A report shall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days of com- pitting the surface eeilection. 60. Prior to the issuance of grading pests, the appri- Condition of ant shall conduct a data recovery of program CA-Ora-64 on approval the Newporter Nosh site. The program shall be conducted by a City approved archaeologist: A report shall be prepared detailing all findings and submitted to the Planning Depart- ment within 90 days of completing the data recovery program. 61. Prior to issuance of a grading permit for residential Condition of development or any bluff stabilization, aqusliledarchaeologist approval shall review grading and drainage plans to determine if there are any indirect or direct impacts to CA-Ora51, 52 and SI& If impacts ate identified, test excavation shall be conducted to determine site esten4 integrity and signifaanca A mportshall be prepared detailing all findings -and submitted to the Plan. ning Department within 90 days of completing tat excavations. t `' ; 24 Method of Timing of Responsible Verification Verification Person Plan check Prior to grading Planning/Building Permits for Open Dept, plan checkers Spam areas on Ne- wponer North Plan check Prior to grading Planning/Building permits on Newpo- Dcpt plan checkers tier North Plan check Prior to grading Planning/Building permits on Newpo- Dept plan checkers rter North Plan check Prior to grading Planning/Building permits on Nrwpo- Dept plan checkers rter North MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person coastal development permit prior to commencing the excava. Dept. plan checkers; tion. All provisions of the California Coastal Commission Coastal Commission guidelines.shall be complied with. ' UPPER CASTAWAYS 54. Prior to any grading related to development of the Condition or Plan check Prior o grading Planning/Building bluff trail system, open space uses or bluff stabilization which approval permits n Upper Dept, plan checkers could impact CA-Ora49 and CA-Ora-186 on the Upper Cast- Castaways aways site, the sites shall besubjectedto test excavations by a City approved archaeologist (experienced in both historic and pre -historic archaeology) to determine site integrity, extent and significance. The methodology of the tut excavation shall re. flect the recommendations contained in the Cultural Resources report prepared for this Program EIR. A report shall be pre- parcd detailing all findings and recommendations and submit- ted to the Planning Department within 90 days of completing tat excavations. BAY VIEW LANDING 55. Prior to issuance of a grading permit, CAOm-1098 Condition of Plan check Prior to grading Planning/Building shall be surface collected and subjected to tat excavations by a approval permits on Bay View Dept. plan checkers City approved archaeologist to determine site integrity, extent Landing and significance. A report shall be prepared detailing all find- ings and submitted to the Planning Department within 90 days of completing tat excavations. 56. Prior to grading for the new park, the project spon. Condition of Plan check Prior to grading Planning/Building sor shall retain a City approved archaeologist to conddct a approval permits on Bayview Dept. plan checkers surface collection and subsurface test excavation of CA-Ora-66 Landing to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing tat excava- tions. 57. Prior to grading for the vices park, the project spon. Condition of Plan check Prior to grading Planning/Building sor shall retain a City approved archaeologist to place a tut approval permits on Bay View Dept plan checkers unit on top of the knoll on the Bay View Landing site in the Landing 23 MITIGATION MONITORING PROGRAM SUMMARY, cant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure �T:--!!broehurrs shall be reviewed andapproved by the Cty- I Beach prior to issuance of occupancy permits. t` a Drainage Patterns Implementing Method of Timing or Responsible Action Verification Verification Person 50. Prior to lssuaoee of a grading permit, the muter Condition of Plan check Prior to. grading Planning/Building plans of water, sewer and -storm drain facilities shall be ap- approval permits Dept, plan checkers; proved by the City Engineer.` Any systems shown to be re- City Engineer quired by the review shalt be the responsibility of the develop- er, unless otherwise provided for through an agreement with the property owner or serving Agency. Cultural Resources Archaeology AL.L PROJECT SITES 51. Ali sites shall be: mitigated pursuant to Council Poli- Condition of Plan check; Prior to grading Planaing/Buildidg cyKd. WMrefurtberteatiagorsaMgeisrequired, the appli- approval field inspection permits: during Dept. planchakert coat shall select a Clityappswed qualified archaeologist to grading gadinginspeetor eseavaie a sample of the site. All testing and salvage shah be �� . conducted prior to issuance of grading permits or use of an am for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the completed data recovery program. 52 The applicant shall donate all archaeological materi- Condition or Review by archaeo/- Prior to building Planning/Building al, historic, or prehistoric, recovered during the project, to a approval pateo monitor permits Dept. plan checkers local Institutionwhich hu the proper facilities for caution, dis- play and study by qualified scholars. All material shalt be transferred to the approved facility after laboratory analysis and a report him been completed. The appropriate local institution shall be approved by the Planning Department baud on a recommendation from the qualified archaeologist. 53. Any esavaGon of a site touted within the Coastal Condition of Plan check Prior to grading Planning/Bvltding zone of mote than two surface meters or dirt shall require a approval peratits 22 1 MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Irrigation Management Practices Street sweeping requirements: vacuum truck, fall cleaning, etc. Signage and catch basin stencil mainte- nance. Annual distribution of informational bro- chums (seeMitigationMeasures #77). These mandates shall be reviewed and approved by the City of Newport Beach prior to issuance of occupancy permils.1 Implementing Method of Timing of Responsible Action Verification Verification Person 76, The City of Newport Beach, homeowners associa- Condition of tions, and commercial and apartment property management approval companim,shall maintain legible stenciling on any catch basin that they maintain. Stenciling shalt use selected letters and/or symbols approved by the City of Newport Beach notifying the reader that the catch basin drains to the Newport Bay and to warn against dumping. 77. Brochures (such as the'Nonpoint Source Pollution Condition of brochures published by the Owe _County Flood Control approval Dist Lc shall be distributed at the time of initial sale c se of residential and commercial properties. These broc� shall include a discussion of: Impacts of improper solid waste practices and littering. Proper use and management of fertilizers, herbicides and other harmful chemicals. Impacts of dumping oil, antifreeze, pesti- cides, paints, solvents, etc into storm drains. Effective housekeeping practices such as use of bio-degradable cleaning compounds and adsorbents. Benefits of preventing excessive erosion and sedimentation. Benefits of proper landscaping practices Benefits of minimizing non-stormwater runoff or adverse impacts of over -irriga- tion. 21 Plan check: field inspection Plan check Prior o\onmap approval Prior to occupancy permits Planning/Building Dept. plan checkers; Public Works inspec- tor Planning/Building Dept. plan checkers A6V_d4(4r'. MMGA11ON MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACEAG11MMENT Mitigation Measure mud and sediment carried by vehieles or runoff onto public righwof-way, the gravel shall cover the entire width of the en- trance, and its length shall be no less than fifty feet. The en- trance plans shalt be reviewed and approved by the Gtv Engi- neer and Grading Engineer concurrent with review and approv- iCoigrading plans. 41L The applicant shall construct filter harms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right -of. ways to decrease and filter runoff levels while permitting con- struction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. 49. Duriat ttedint and construction, the applicant shall provide a temporary sediment basin located at the pant of greatest runoff from any construction arcs t The location of this basin shalt be incorporated into grading plans It shall consist of an embankment of compacted soils across a drain- agea The basin shall not be located in an area where its failure would lead to a toss of life or the loss oPservio, orpublic utili- ties or roads The plan shalt be reviewed and approved by the City Grading Engineer. ---� V. 74. Priorao-WitmaofPutting permitt,the applicant or successor is interast sWl prepare a plan for approval by the City of Newport Beach grr�dmg—E# 'racer for the control of accidental spills, litter, and cdltdwaste u _ 1 during grading and ebnstruction. Existing policies and standards of theCity of Newport Beach and Pam Department shall be incorporated The plan shall be implemented as necessary during grading and construction activities. 75. Any recorded CC&Rs shall incorporate mandates to the Homeowners Associations, commercial properties manage- ment and apartment management companies regarding 0o W Fer dirt r/Pesticide/Herbidde manago- ment practices Implementing Method of Timingof Responsible Action Verification Verification Person Condition of approval Condition of approval Condition of approval Condition of approval 20 Plan check; field inspection Plan check; field inspection Prior to permits ADW Ong Prior to grading permits; during grading " . Planaing/Building Dept. plan checkers; grading inspector Planning/Building Dept, plan checkers; grading inspector Plan check; -field Prior to grading Planning/Building inspection permits Dept- plan eheckar,. ' 'Ri-c-SSC ( jtfA a (, .City Grading Engi- neer, grading/buil. R1 1 ding inspectors Plan check Prior to occupancy Planning/Building L7v�� ' permits Dept. plan checkers J J` / V 0,1 r7l MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT' Mitigation Measure implementing Action Method of Verification Timing of Verification Responsible Person 45. Prior to the issuance of grading permits, the appli- Condition of Plan check; Prior -to grading Planning/Building cant shall incorporate the following erosion control methods approval field inspection permits Dept. plamcheckersj into grading plans and operations to the satisfaction of the City grading inspector Grading Engineer and Building Department. a. An approved material such as straw, wood chips, r plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Air -borne and vehicle-bome sediment shall be con- trolled during construction by the regular sprinkling of exposed soils; and the moistening of vehicles loadg. C. Ai'approved material such aV rip`np (a ground cover of laPgc, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protea-the'top soils in areas of concentrated runoff. d. 'During the period of construction activity, existing vegetation which will be retained on -site shall be protected from.traffre by the use of fences. If ap- propriate, buffer strips or vegetative filter strips, such m tall stands of grass, an be used as an alter- native and/or supplementary method to protect against sediment buildup, 46. Prior to the issuance of grading permits, the project Condition of Plan check, P,riRr„v.„toaa,grading- Planning/Building geotechnial consultant and/or civil engineer shall develop a approval field inspection permitg Dept. plan checkers, plan for the diversion of stormwater away from any exposed grading inspector ciY slopes during grading and construction activities. The plan 7� shall include the use of temporary right-of-way diversions (i.e., berms or males) located at disturbed areas or graded rightof- ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. 47. Therappliant'shall provide a temporary gravel en- Condition of Plamdxck, cpper tn.^wto grading Planniag/Buildingtrance located at c6 iy'construction site entrance. The loation approval field inspection rmit/ D �ian che^4'+.; of this entrance shall be incorporated into grading plans prior rgrading inspector to the issuance of grading petmim To reduce or eliminate 19 is MITIGATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT' Mitigation Measure be incorporated into foul building plans prior to issuance of building permits. The geotcchnial consulunPs siteapcd is reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the City Grading Engineer. Ncarsurface Groundwater 43 The project pvcchnial consultant and/orcivii ene- neer shall prepare written site -specific reviews of the tentative tract maps and grsdiagplans addressingall salient gcotechniat issues, including groundwater. Tbese reports shall provide findings, conclusions *0 ireeomoKadatian regarding=u4ur- faee groundwater and the potential forartifieially induced grou- ndwater as a result of future development, and the effects groundwater may have an existing or future bluffs, slopes and structures. The reports Walt also address the potential for ground subsidence at the sites and properties adjacent to the sites if dewatering is Feeommeaded. The tcacchnkal consul- tant and/or civil engtacefs :epos Wall be signed by a Certi- fied Engineering Geologist sad Registered Civil Engineer and shall be completed to thesiakfaction of the City Grading E e- nio r prior to Issuance of a grading permit. All recommcdd% tions of the reports Wall be Incorporated into the grading. site, and building design to the satisfaction of the City Grading Engineer and City Engineer. Implementing Method of Timing of Responsible Action Verification Verification Person Water Resources Water Quatity 41 PriprVA b the lik"ee of an&gradingPW pemdt; the appli- cant shall provide b i►a But7dtdg and' 1!ubik Worts Depart. meats haul route plans that include a description of haul routes, so= points to the sites and lvatering add swecpitq program deaignea b mblanjre Impacts or the haul operation. jJ, �These plans shall be reviewed and approved by the Public `0'` ` Works Department. Chia _of ttx pUw shall be submitted to the City s Planning Department. Condition of Plan check Prior to grading Plsn!�nt/Duilding approval permitsDept. plan fheckers:+ City Grading Engi- Q 1 f weer, City Engineer �� ll �i� A Condition of Plan check Prior to grading r Plannint/Bulldidj approval permits Dept plan checkers;' Public Works Direc- t 14 for I MITGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure reports shall include: 1) detailed analysis of Geld data including surface and subsurface geological mapping, 2) laboratory test- ing results;'3) stability analysis of existing bluffs and proposed slopes as illustrated on the tentative tract map or rough grad- ing plan; 4) conclusions; 5) recommendations for mitigation of any identified unstable bluffs or slopes and/or for additional investigation. Time reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engi- neer prior to issuance of a grading permit. Implementing Method of Timing of Responsible Action Verification Verification Person 37. Priof to -the issuance of,grading permits, the Project Condition of Plan check Prior to grading geotechnialconsultant and/or civil engineeishall make written approval permits,* recommendations for manufactured slope stabilization includ. ing; but not,Gmited to, buttressing, rock bolting, grouting, slope gradient laybacks, or retaining walls.'All necessary recommen. dations shall be included in the grading plan to the satisfaction of the City Grading Engineer 38. Though the City has established a Bluff Setback Condition of Plan check Prior to grading Criteria-foe�devclopmcn"t on the topof-bluff'(Dcvelopment approval permits Polity D.2.b.1 of the Newport Beach General Plan, January 21, / 1991, and Newport Beach Municipal Code section 20.151.080). N \ the City,minfmum setbacks°may not necessarily be adequate froma'gcot&hhical viervpdint coaceitlfng bluff/slope instabili- ty. *Prior to issuanceaof grading permits, appropriate safe bluff 'h top setback mo m icadatloas all, be determined by the Pro - based on the evaluation required by Mitigation Measure 3 to the satisfaction of the City Grading Engineer. "t 39. During grading a geotechnical consultant shall mon- Condition of Feld inspection During grading itor grading operations to ensure that recommendations for approval slope instability mitigation are Implemented. Additionally, the geotechnicat consultant shall evaluate slopes as they are graded (� through geologic mapping and analysis to ensure that no unan- ticipated conditions are present. Slope stability mitigation recommendations may require modification during grading. Compliance with this measure shall be verified by the Building Department. �, 16 Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers Grading inspector MTL7GAllON MONITORING PROGRAM SUMMARY, coot. CIRCULATION 1MPROVEh ENE AND OPEN SPACE AGREEMENT Mitigation Measure 40. Prior to issuance of building permits, the geotechn- iai consultant dull prepare rt Rough Grading Report and As - Graded Geotechn-sal Map for each graded site at the comple- tiom of.gradintof thatsite.. The Report shall summarize and documpDt compliance with pit mitigation measures. The Rough Grading Repo rt stall include i,-axtement iegardinphe site: -. qumy oCrhe-rnanuGitured slopes for their intended use and a statement regarding the adequacy of the recommended bluff setbacks. The report shall be signed by a Certified Engineering Gcologia and a Registered Civil Engineer and shall be appro- ved by the City Grading Engineer. Comincswble/Collaprak Soil 41. "Prior to the.aatancr of graerng Permit , written tecommcwu;oas fxtlwnaigation of compresabte/collapa'ble sal poential for cub skashali bepmvided by thagent«hnical eostattant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of ap- proval for -the site -specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Rerom- mendations shall be baud on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include removal and recompaction of identified compressi- bl%llapsible zones, fill surchargiogand settlement monitor- ing, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures The geoteehnial comultants s@ospccific reports shag be signed by a Certified Engineering Gcologitt and"Registered Civil Engineer, and shall be approved by the City Grading; Fstgineer. Eapusive/Corrosive Soil Implementing Action Condition of approval Condition or approval 42. Writtem recommendations for the mitigation of ex- Condition of passive and corrosive soil potential for each site, shall be pro- approval vided by the project corrosion consultant; geotechnial consul - tam motor Crnl' engineer. Foundation recommendations shall be included. Recommendations shall be baud on surface and subsurface mapping, laboratory testing and analysis and shall 17 �' Method of Timing of Responsible Verification Verification Person Plan check Prior to building Planning/Building permits Dept. plan chicken; toR . &V - Plan check Prior to grading PlannMg/Building Perm" Dept.piatt checkers p� Plait check Prior to building Planning/Building permits Dept plan checkers sr, .a MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Method of Action Verification Timing of Verification Responsible Person 33. Berms and brow ditches shall be constructed to the Condition of Plan check Prior to grading Building Dept. plan satisfaction and approval of the City -Grading Engineer. Water approval permits checker shall not be allowed to drain over any manufactured slope face. Topof--stope soil berms shall be,inmrporated into grading plans to prevent surface runoff from draining over future fill Q �y {� slopes. Brow ditches shall be incorporated into grading plans V"'• to divert surficial runoff from ungraded natural areas around future cut stopes. The design of berms and brow ditches shall be approved by the City Grading Engineer prior to issuance of grading permits. 34. Prior to the issuance of grading permits, appropriate Condition of Plan check Prior to grading Building Dept plan artificial substances shall be recommended by the project land- approval permits checker scape architect and approved by the City Grading Engineer for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas 1 shall be covered with artificial substances approved by the City Grading Engineer. 35. Drainage of both surface and subsurface water over Condition of Plan check Prior to tentative Building Dept. plan or toward the bluffs on the Upper Castaways and Ncwporter approval or site plan checker North sites shall be minimized. Though some drainage of app I for Upper rainwater over the bluff face cannot be avoided, drainage con- Casta or Ncwp- trol devices shall be designed to direct excess water from site orter No improvements away from the bluff face. Irrigation shall be controlled to prevent excessive infiltration into the subsurface. The project Civil Engineer shall design grading plans to totnt- mize surface runoff Over the bluff faces. The project Geot- echnical Consultant shall provide recommendations to minimize subsurface water migration toward the bluff faces prior to approval of Tentative Tract maps or site plans. All design criteria for the control of surricial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. Bluff and Slope Instability 36. The project geotechnical consultant shall review the Condition of Plan check Prior to grading Planning/Building tentative tract map and grading plan for each site and prepare approval permits Dept. plan checkers a report addressing all salient geotechnicat issues related to bluff and slope stability of any existing bluff or slopes. These 15 Mitigation Measure Liquefaction MITIGATION MONITORING PROGRAM SUMMARY, coin. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT 30. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical consultant. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potentW. The project geotcchnicat consultant shalt provide a statement concerning the potential for liquefaction and its pam'ble impact on proposed development. jr necessary. the geotechn'ical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill surcharging or other appropriate measures. The Gcotechnical Consultants report shall be signed by a Certified Engineering Geologist and a Registered Civil Engi- neer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations or the study to the satisfaction of the Building Department. 31. Any necessary diversion devices, catchment devices, orvelocity reducers shall be incorporated into the grading plan and approved by the City Grading Engineer prior to issuance of grading permits. Bemis or other catchment devices shall be incorporated Into the grading plans to divert sheet Bow runoff away from areas which have been stripped of natural vegeta- tion. Velocity reducers shall be incorporated into the daign, especially where drainage devices exit to natural ground. Implementing Method of Timing of Responsible Action Verification Verification Person Condition of approval Condition of approval 32. All rill slopes shall be properly compacted during Condition of grading in conformance with the City Grading Code and veri- approval Bed by the project Geoteehnicat Consultant Slopes shall be planted with vegetation upon completion of grading. Confor- mance with this measure shall be verified by the City Grading Engineer prior to the im••no: of occupancy permits. Plan check Plan check Plan check Prior to grading permits rx ()A - Prior to grading Permits p ck Prior to grading permits ,/I , &U— Building Dept. plan checker Building Dept. plan checker Building Dept. plan checker �,� 14 MITIGATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Mitigation Measure Action the Newport -Inglewood Fault. Critical structures (i.e., hospi- tals, rim/police facilities; schools, etc) shall be designed to withstand strong ground shaking associated with a maximum credible earthquake on the Newport -Inglewood Fault. Struc- tural plans, including seismic design calculations/parameters, shall be approved by the City Building Department prior to issuance of building permits. 28. Habitable buildings shall not be placed adjacent to Condition of (above or below) slopes or bluffs where seismic induced slope approval or bluff failure could occur. Though the City has established a Bluff Setback Criteria for development on the top -of -bluff (Development Policy D.2.b.1 of the Newport Beach General I1v� Plan, January 21, 1991. and Newport Municipal Code section IFS 20.151.080), the City minim=setbacks• may not necessarily be adequate from i'geotatfhiml viewpoint concerning bluff/slope instability during an earthquake.' Areas potentially prone to' ch failures, shall be identified and further evaluated by the ( V 0 roject Geotechnical Consultant during the �entative Tradt Y•���' ap review and Grading Plan review stage. The evaluation shall -be prepared to the satisfaction of the Building Depart- ment prior to the issuance of grading permits. Grading and building plans shall reflect the recommendations of the evalu- ation to the satisfaction of the Building Department. 29. In accordancewith the Alquist-Priolo Special Studies Condition of Zone Act, a `Registered- Geologist shall further evaluate and approval make' recommendations regarding- the potential for ground surface rupture effecting proposed development on -sites where 'Potentially Active Faults' have been identified (Bay View Landing and Freeway Reservation sites) or on any other of the n\`Iry sites where Potentially Active Faults are identified in the fu- Sv lure. The study shall-be,prepared,to the satisfaction -of -the City Building Department -and shall becprepared'prior-to•ap- proval of a tentative tract map or grading permit whichever comes first. Gradingland building plans shall reflecrthe,mc- ommendations-ofcthe studytc the satisfaction of the Building Department. _rZ 13 Method of Timing of Responsible Verification Verification Person Plan check Prior_ fo tentative Building Dept. plan map approval or checkers. grading permits Plan check Prior to tentative + Planning/Building map approval or Dept. plan checkers gradingpermit ' MITGATiON MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPitOVEMFNf AND OPEN SPACEAGREEvtENP Mitigation Measure 84. Prior to the issuance of a grading permit for the Newporter North site, the project proponent shall contribute up to $10,000 to complete an Upper Newport Bay Coyote Mo- nitoring Study, to be conducted under the direction of the US. Fish and Wiidfife Service. The study shall be completed prior to the commencement of grading The study shall include gatheringdats to establishapnccoestruction baseline measum- ment of the number and frequency of coyotes using the lower portion of UpperNawport Bay in the vicinity of the Newporter North site. If, after commencement of construction, it is demonstrated by the U.S. Fish and Wildlife Service that them has been a signifi- cant decrease in thepopulation of coyotes in the vicinity of the Newporter North Sfte, due solely to development of the site, and, this decrease in coyote population has had a detrimental effect on sensitive b'ud species in the area, the project propo- nent shall contribute up to 325,000 toward an animal manage- ment program to be administered by the Resource Agency managing the Upper Newport Bay Ecological Reserve. Firth ytesour¢s Faulting and Seianicil 2G Buildings four stories in height or higher shall be designed in accordance with requirements for scismkzone 4 as outlined In Chapter 23 of the Uniform Building Code and/or with the benefit of a site spectriesetsmk ground response spec- trum study which would be prepared by the project gcotechn- iat consultant and structural engineer to allow matching of building period with site period. The structural plans and/or ground response studysha0 be completed to the satisfaction of the Building Department prior to issuance of a buildingpermit. 27. Buildings less than four stories in height shall be designed by a Structural Engineer in accordance with UBC Chapter 23 requirements for Seismic Zone 4. Non -critical structures shall be designed to withstand strong ground shaking that may accompany a maximum probable earthquake along Implementing Action Condition of approval Condition of approval Condition of approval Method of Verification Plan check Plan check Timing of Verification Prior to grading permits for Newporter North Prior to building permits for any structure of 4 or more stories Plan check Prior to building permits for struc- tures with fewer than 4 stories Responsible Person Planning/Building Dept. plan checkers; USFWS Building Dept. plan checkers Building Dept. plan checkers 12 LK i MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Method of Action Verification Timing of Verification Responsible Person ing, homeowner and community educationaLpr_gmms about the potential impact of ti on wild birds, programs foi trap• ping and removing problem animals. 81. The City of Newport Beach shall consult with the Condition of Plan check Prior t final design Planning/Building Transportation Corridor Agency prior to final design and ap• approval approval any Dept. plan checkers; proval of any public facility or recreational facility on the San public or recreation- Public Works Direc- Diego Creek North site to determine feasible design and land- at facility on, San for seeping measures which will avoid interfering with the viability Diego Creek North of the San Diego Creek Northern Marsh Creation site as wild- life habitat. If the Bayvicw Way extension is not extended ' across the site, a landscaped buffer area will be provided be- tween any recreational or public facility uses and the Marsh Creation project site. 82 •At'thetime of adoption of a parcel/subdivision map Condition of Plan check Prior to tentative Planning Dept. plan for the San Diego Creek South Site, the property line/develop- approval map- approval for checker, Subdivision mentbarea bounda y shalt be -established at a minimum of ?A San Diego Creek Engineer feet from4lic toe of'the"tWsting slope adjacent to Bonita South OK Creek.`Thii,dfstanYe;-=,cUnbitiation with the required,buil'd- ing-settii2lc oi-5 wil4creite a minimum ZS foot buffer �Ryet; front Bonita CreeK 83. Thepiddiiedetailsofanytevegetation/replacement Condition of Plan check Prior to —Site plan Planning Dept.planr program will be developed"in'.conjunetion with review and approval; CEQA approval•or grading checker, Environ- approval of design and grading plans when the .exact nature compliance permits - mental Coordinator and extent of impacts arekamvn. Any such programs will'be / subjected to full emironmental review pursuant to CEQA. Consultation with all interested and affected resource agencies will occur as part of formulating and evaluating revegetation ; programs.. Given rfcent iuccessful revegetation programs in Orange County, such as those conducted in Crystal Cove State Park, it is fully,masonablrtaexpect that a,properiy prepared revegetation program will be successful in mitigating impacts, IVa'fl1Y`U_ Yf'sa MITIGATION MONITORING PROGRAM SUMMARY. Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Action Method of Timing -or Verification Verification Responsible Person 24. This measure shall apply to the Newporter North, Condition of Plan check; submittal Prior to building'\ Planning/Building Newporter Knoll. Bay View Landing, Upper Castaways, San approval if biological report permits for private) Dept. plan checkers Diego Creek South and San Diego Creek North sites. Reve- by applicant development or/ geation of cut and fill slopes, bluff stabU'wtion/remediation prior to grading for areas, fuel modiroation nines and.other graded areas adjacent public facilities adja- to emoting sensitive habitat areas (eg. at the edge of develop- mat to sensitive meat of•resideatW, public fariGtws,orreaeatanal areas) shall habitat areas in be accomplished with plant palettes containing predominantly Newporter North. native speciee`Stecper a" (greater than 2.1) shall be rove- Newporter Knoll, getated with a mixture or coastal sage scrub species including Bay View Landing. California sage brush which now dominates coastal sage scrub Upper Castaways. used by California gmtatchers. Portions of mote level areas San Diego Creek shall be mvirplated with species of native perennial grasses in North or San Diego an attempt to establish native grassland. An expert in land Creek South snipe revtgetadon, who is knowledgutble-and qualified in na- consultation into the .,�.�'+— Lf'►'1•i "� tive pint mixtures shall provide prepara- Lion of Landscape &as to etuure that this measure is coropiicd tion with. Landscape plans shall be approved by the City Plmtn z w• l�. .L Department prior to ismace of building permits for private development or commencement of grading for public Wild and public recreational uses 25. All noo emergency grading related to bluff stabili- Condition of Plan check: nor to grading Planning/Building ration/mnediation on the Newporter North and Bay View approval inspection pe its for Newpo- Dept, plan checkers; Landing sites shall Dour during the non -breeding season for ster North or Bay Vim Loft gradinginspector the California goatatclicz The non -breeding season is from August 1 to January 31. 78. Prior to approval of site plans or subdivision and/or Condition or Plan check Prior to site.plan/ Planning/Building City approval or a park development plan (whichever comes approval tentative m!p or Dept. plan checkers rant), the City shall retain a biologist to further assess the park development potential for human and pet intrusion into the coastal sage plan approval scrub habitat supporting the California gnatcatcher-population. This assessment shall be at -the cost of the developer if related to site parader subdivision. or at the cost the City a el intru- the park development plain If the level of expected intro- sion is considered to be of sufficient magnitude to significantly sion Impact the California gnatcatcher populations on site, mitiga- tion measures shelf be designed and placed at conditions on the project to reduce the impact to the extent fea ble. Such design and operational measures could include perimeter fenc- t� 10 W MMGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure any State or Federal agency having jurisdiction over the affect- ed wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an exist. ing freshwater marsh in or near the Upper Newport Bay Eco- logical Reserve. A copy of the,plan and all related permits shall be presented to the City of Newport Beach prior to issu- ance of a grading permit. ?2. Development on the San Diego Creek South site shall be designed so as to reduce the amount of light and glare which could potentially spill over into the wetland habitats of Bonita Creek and San Diego Creck and which could also im- 1" , r pact the functioning of these creels as wildlife corridors. This t can be achieved by a variety of means including a combination of scrsitive.siting of lighted buildings; use of lighting systems avhich conceal the light source and minimize light spillage and glare; screening walls/berms; and dense landscaping along the edge of the development. Any landscaped edge screening shall include non-invasive trees and shrubs. The plant palette for the screening vegetation shall consist of dense, evergreen spe- cies which, when mixed, achieve canopy and understory of elements to provide as much screening as -possible. The site plan and landscape plan for this edge shall be prepared in nsuItation with a Ci"pproved, qualified biologist. The site 1j�p4�`' plan and landscape plan shall be approved by the City Planning g,4'l Department prior to issuance of building permits. 23. Prior to.eommcncing grading, all wetlands habitat in areas intended, for preservatiom shall be temporarily fenced. This measum•shalhpertain-only when grading, stock -piling, or other construction activities arc pmposcilmithin 100 feet of the boundaries of,the,weUandarea> A plan identifying the wetland arest and the.location,of the fencing -shall be submitted to the City of Newpoit°Beachprionto issuattoe of any'grading permit. Implementing Action Condition of approval Condition of approval Method of Timing of Responsible Verification Verification Person Plan check Prior to building Planning/Building permits for San Dept. plan checkers Diego Creek South Plan check Prior to grading Planning/Building permits for any Dept. plan_checkers; development within Grading Engineer 100 feet of a wetland' area MITIGATION MONITORING PROGRAM SUMMARY, com. CIRCULATION IMPROVEMENTAND OPEN SPACEAGRCiEMENI Mitigation Measure sary, for trail establishment and improvements, erosion control, bluff stabilization. or preparation of the development area; or below the lessor of the 60 foot elevation contour or a line 100 feet from a formally delineated wetland in John Wayne Gulch freshwater marsh. Bay View Landing- no grading, stockpiling of soil or operation of equipment shall encroach into the hill- side above the 25400t contour of the lower development area. 19. Prior to grading and/or constructing any public facility on the San Diego Creek North site which will encroach into the on -site freshwater marsh, the City of Newport Beach (or other public agency responsible for development of the public facility) shall approve and begin implementation of a plan which shall offset the loas of wetlands. This plan shall re- flect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shalt be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the San Diego Creek and Upper Newport Bay Ecological Reserve. 20. Prior to grading and/or constructing any residential development or associated improvement on the Upper Cut- aways site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall limpare.and begin implementation of a plat which shalt offset the toss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affect- ed wetlands. Offsets shall be achieved by either creating a new rrahwater marsh on -site or enhancing and expanding an exist- ing freshwater marsh in or near the Upper Newport Bay Eco- logical Reserve. A copy of the plan and all related permits shalt be presented to the City of -Newport Beach prior to issu. ance of a grading permit. Implementing Method of Timing of Responsible Anion Verification Verification Person Condition of approval Condition of approval 2I. Prior to grading and/or constructing any residential Condition of development or associated improvement on the Newporter approval North site which will encroach into the on -site freshwater mush, the applicant or sutxxssor in interest shall prepare and begin implementation of a plan which shag offset the lass of wetlands. This pia shalt reflect all mitigation requirements of Plan check Plan check Plan check Prior to grading permits for San Diego Crcek.North Prior to grading permits for Upper -- Castaways Prior to grading permits for Newpo- rter North Planning/Building Dept. plan checkers; ACOE/USFWS/- DPG pl:caning/Building Dept. plan checkers; ACOE/USFWS/- DFG Planning/Building Dept. plea checkers, ACOE/USFWS/- DFG MITIGATION MONITORING PROGRAM SUMMARY, coot. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Beach shall be responsible for conducting the wetland delinea- tion studies for wetlands impacted by any public improvement- s/facilities in areas designated for open space, public facilities, and/or parks which will encroach into wetlands. The studies shall occur at the time specific site plans and grading plans are available and prior to issuance of any gmding permfts or com- mencement of grading activities in areas containing wctland habitat. 17. Public use and related facility development for areas proposed for natural open space and passive park uses within the Upper Castaways, Newporter North, Ncwponer Knoll, Bay View Landing, Freeway Reservation, and Jamboree/MacArthur sites shall be designed to be sensitive to existing biological re- sources. To this end, facility plans and public uses for these areas shall be prepared in consultation with a qualified biolo- gist who shall determine that such plans and uses do not ad - wisely impact sensitive resources identified on these sites (e.g. wetlands, coastal sage scrub, etc.). if necessary, additional environmental documentation shall be prepared at the time facility plans are prepared to determine if significant adverse impacts beyond those anticipated in this Program EIR will occur. If new significant adverse impacts are identified, addi- tional mitigation measures shall be adopted. 18. Orliifhg;'UrthMoving, and-W4y"related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South, Bay View Landing, and Newporter North sites shall be restricted as follows: Upper Castaways and Newporter North - No grading (except that necessary for trail establishment and improvements, erosion control, bluff stabilization or prepara- tion of the development area), stockpiling of soil or operation of equipment shall take place within the bluff. top setback area established by the Bluff Top setback Ordinance-,. San Diego Creek South -.No grading,,stockpiling of soils, or operation or equipment shall encroach into the area of Bonita Creek beyond threxisting•15 foot -elevation contour. �NewpDrter North - No grading, stockpiling of soils or operation of equipment shall take place within the 40 foot property line setback area estab- lished by the Bluff Top Setback Ordinance except that neces- implementing Method of Timing of Responsible Action Verification Verification Person Condition of Standard CEOA Prior to approval of Environmental approval; standard compliance review public facility plans Coordinator CEQA compliance for natural open space/passive park areas Condition of Plan check;. ^Prior "toes grading Upper Planning/Building: Dept. checkers,' approval field inspection permits. for plan Castaways, San,,Dii- grading inspector go.�Creek South,Bay View Landing and Newporter North l:I A MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method or Tuning of Mitigation Measure Action Verification Verification 12 The applicant shall ensure that all restdcntial lots and dwellings are sound attenuated against present and pro - Jetted noise, which shall be the sum of all noiseImpactingthe project, so as not to exceed an exterior standard of 6S dB CNEI, in outdoor living areas and an interior standard or 4S dB CNEL in all habitable rooms. Evidence, shall be prepared under the supervision of a City certified acoustical consultant which demonstrates that these standards will be satisfied in a manner consistent with applicable zoning regulations and sub - mined as follows: A. Prior to the recordation of a final tract/parcel map or prior to the Imitative of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the Cityx Advance ,landing Manager for approval: The report shall describe in detail the exterior noise environment and a preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy -W below. a Prior to the -issuance of any baiWing permits, an acotwteal-analysis report dears ing the acoustics: design features of the stracmres required to satisfy the exterior and intet§6f-holse standards shall be l sttbotitted to the Advisers, Platsiat Manager for tr-- approval along with satisfactory evidence which indicates that the sound attenuation measures speci- fted In the approved acoustical report(:) have been incorporated into the design of the project. Condition of Plan check; ?riot to map, approval field testing rcSordallon/graQias parents/building permits/occupancy permits C- Prior to the Issuance of any building permits, art freestandiat soousticat barriers must be shown oa I�, the projects plot planwust atinghcight,locationand o tt coWrnetion in a manner meeting the approval of the City's Advance Pt ruiint Maaater. Responsible Person Advance Planning Manager MITIGATION MONITORING PROGRAM SUMMARY, coat. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Mitigation Measure Action D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations may be required by the Planning Direc- tor to verify compliance with STC and IIC design standards. 13. All non-residential structures shall be sound attenu- Condition of ated against the combined impact of all present and projected approval noise from exterior noise sources to meet the interior noise criteria as specified in the Noise Element. Prior to the issuance of any building permits, evidence shall be prepared under the supervision of a City certified acoustical consultant that these standards will be satisfied and shall be ^ submittedto the Manager, Advance Planning in the form of an J t Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorpo- rated into the design of the project. 14. All freestanding acoustical barriers shall be a berm, wall or combination berm and wall. Walls shall not contain holes or gaps. Watts shall be constructed of slumpstone or other masonry material. Final acoustical barrier heights and locations shall be determined when final grading plans arc developed showing tot locations, house/building setbacks and precise pad elevation. 79. At the timespecific site plans and grading plans are p pa and•submitted for review and approval by the City: t e City hall review the plans in conjunction with the egviron- me W 'ew process to confirm that the in pteuures provided wi degwtelyoontrol en tmctionimpactspotential- y impacting t Newport Harbor Lutheran Churgh, esperiaily its preschool rations. If necessary, additioJial conditions related to cottstru n activtties may be placed2n the project. Condition of approval approval Method or Verification Plan check Plan check Plan check Timing of Verification Prior to building permits Prior to precise grading permits Prior to, slier -approval or ire permit.. Responsible Person #Vr Planning Dcpt. plan checker, Advance Planning Manager rBui lding Dept. plan cker TV. FINDINGS OF SIGNIFICANCE As discussed in Section III, CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. Among several uses the program EIR can provide the basis in an Initial Study for determining whether the later activity may have significant effects. (CEQA Guidelines, section 15168, subd.(d)) CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any significant effects or in the case of a mitigated negative declaration no effects which cannot be eliminated or reduced to a level of insignificance. (Guidelines, section 15070. subd.(b) and 15153, subd.(c)) This Initial Study analyzes the proposed site plan and tentative map for the Baypoint residential development based on information contained in the previously certified 1992 Final CIOSA Program EIR and any new information which has become available regarding the project. The assumptions and conclusions of the 1992 Final CIOSA Program EIR have been found to be valid and appropriate for use in evaluating the current proposal. The Initial Study has identified all relevant new information regarding environmental impacts, along with additional mitigation measures where appropriate, and has found that there are no new potential significant adverse impacts which cannot be eliminated or mitigated to a level of N insignificance. Attachment Mitigation Monitoring Program Summary c\w\JO14N-D\BAYPO1Ni\1S.D OC 23 r r CONDITIONS OF APPROVAL BAYPOINT APARTMENTS A 814,TTM 14989, SPR 72 Condition Department Mitigation Measures EIR No. 148 1. Comply Mitigation Measures per EIR148 Planning 2. Comply Noise Study Recommendations Building 3, Interim Take of California Gnatcatcher prior to Grading Permit Building 4. Noise Study revised for traffic JR-5 ramp, Planning Mitigation Measures added to design, all Planning tenants and/or owners informed of JR-5 ramp connection to SJHTC and potential impacts from construction. Planning 5. Exterior Lighting conceal light sources and minimize spillage and glare. Planning Conditions of Approval TTM 14989 1. Final Map Recordation Public Works 2. Tie map boundary to Horizontal Control System Public Works 3. Monuments on each lot corner Public Works 4. All improvements constructed Public Works 5. Subdivision agreement and.surety Public Works 6. Individual water servicelsewer laterals Building 7. Onsite parking,vehicular &ped circulation Traffic S. Onsite circulation connect to Bike Trail Public Works 9. Conform with City's Private St.Policy Public Works Private street & drive system approval Traffic 10. Encroachment Agreement w/non-std imp Public Works 11. Intersection sight distances Traffic Landscaping 24" max in sight line Planning,Traffic 12. CVC enforced,Traffic Control Plan Traffic, Police 13. Control gate turnaround provided and approved 14. University Dr. right of way dedicated 15. Jamboree Rd. right of way dedicated 16. Easements provied for ingress,egress 17. Access roads provided to public utilites 18. Vehicular access rights released 19. Utility improvement plans by civil eng. Fire Public Works Public Works Action Plan Review Plan Review Plan Review Noise Study Review Plan Review Intent Letter Letter from Elec. Map Approval Map Approval Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Plan Review Public Works Plan Review Utilities,Public Works Plan Review Public Works Plan Review Public Works Plan Review Public Works Plan Review j 0M 20. Hydrology and hydraulic study prepared Public Works Plan Review 21. Water and sewer by City Newport Beach Public Works Plan Review 22. Water system looped w/pressure reg. Utilities Plan Review 23. Easement Jamboree for water loop sys. Public Works Plan Review 24. County Sanitation District Fees Paid Building Permit Issuance 25. Fire hydrants spacing Fire Plan Review 26. Water Capital Improvement Fee Paid Public Works Plan Review 27. Adequate sewer facilities available Utilities, Planning Verif from O.C.S.D. Planning Utilities Verif. 28. P.W. plan ck & inspection fee paid Public Works Plan Review 29. Edison transformers outside sight distance Public Works Plan Review 30. Traffic control,no storage Jamb/Univ. Traffic Plan Review 31. Overhead utilites be undergrounded Public Works Plan Review 32. Fire protection system Fire Plan Review,Testing 33. Existing vehicular access maintained off Jamboree at the Jamboree Rd bridge for County Flood Control access Public Works Plan Review 34. Landscaping installed per plan, Lots A, B & C priv. owned and maintained Planning Plan Review,Letter 35. Future freeway ramp grades Public Works Plan Review 36. Map be revised prior to recordation Public Works Plan Review 37. Lot C divided,dedicated for bike trail Public Works Plan Review 38. All lettered lots satisfy CIOSA Agrmt. No Action Conditions of Approval SPR No.72 1. Substantial Conformance Planning Plan Review a k 2. 24 Month Expiration No Action 3. Onsite parking, veh & ped circulation Traffic Plan Review 4. Circulation system tie to Bike Trail Public Works Plan Review 5. Comply City's Private Street Policy Public Works Plan Review 6. Intersection sight distances Traffic Plan Review 7. Control gate turnaround Fire, Traffic Plan Review 8. Fire hydrant spacing Fire Plan Review 9. Existing access maintained at Jamboree Public Works Plan Review City Council Meeting January 23 1995 Agenda Item No. :, / _ CITY OF NEWPORT BEACH TO: Mayor and Members of the City Council FROM: Planning Department j SUBJECT: A Amendment No 814 (Public Hearing) Request to amend the North Ford Planned Community District Regulations so as to modify the parking requirements for Area 4 of the Development Plan to allow for the reduction of 40 parking spaces as required to comply with the requirements of the U.S. Fish and Wildlife Service; and the acceptance of an environmental document. .Mi B. Tentative Mai) of Tract No 14989 (Public Hearing) Request to subdivide 20.36 acres of land into 2 numbered lots for a 300- unit residential condominium development and 3 lettered lots for open space. 0 C. Site Plnn_Review No. 72 (Public Hearin Request to approve a Site Plan Review for the development of 300 residential condominium units and approximately 2.49 acres of open space on property located in the North Ford Planned Community District. LOCATION: A portion of Lot 10, Tract No. 12309, located at 3100 Jamboree Road, on the northeasterly corner of Jamboree Road and University Drive, in the North Ford Planned Community. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant TO: Mayor and Members of the City Council - 2. ENGINEER; Adam Streeter, Civil Engineers, Inc., Irvine Anolications If approved, the applications submitted will allow the subdivision of the San Diego Creek South property for multi -family residential development (Baypoint Apartments). An amendment to the adopted North Ford Planned Community District Regulations is requested to reduce the parking requirement for this project in order to provide the additional wildlife habitat area requested by the US. Fish and Wildlife Service. Amendment procedures are contained in Section 20.51.045 of the Newport Beach Municipal Code. A tentative tract map has been submitted to provide for the subdivision of the property into 2 residential lots and 3 parcels for open space. Tentative Tract Map procedures are set forth in Chapter 19.12 of theNewport Beach Municipal Code and the State Subdivision Map Act. A Site Plan Review approval is also requested as required by the Planned Community District Regulations, Site Plan Review procedures are contained in the North Ford Planned Community District Regulations, as well as Section 20.01.070 of the Newport Beach Municipal Code. Suegested Action Hold hearing; close hearing; if desired, a. Adopt Resolution No. 95- approving Amendment No. 814 and sustain the Planning Commission approval of Tentative Map of Tract No. 14989 and Site Plan Review No. 72; or b. Modify, or overrule the action of the Planning Commission. Plannine Commission Action At its meeting of January 5, 1995 the Planning Commission voted (all Ayes) to recommend City Council approval of the applications described above. Copies of the Planning Commission staff reports and an excerpt of the draft Planning Commission minutes are attached for the information of the City Council. Late Comments Received Subsequent to the Planning Commission hearing the attached letter was received from the Orange County Environmental Management Agency. With the exception of Item 3 in the letter, all of these concerns have already been addressed in the recommended conditions of approval for the LOMMISSIONERS MINUTES CITY OF NEWPORT BEACH January 5, 1995 ROLL CALL 11 INDEX 4. That the design of the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. That the design of the subdivision is not likely to .cause serious public health problems. 6. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 7. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 8. That the proposed apartment project is expected to generate nearly 2000 trips per day. Approximately 1600 of these trips will be using Jamboree Road, with 1300 of them north of University Drive. This repre- sents a 2.3% increase in trips over existing traffic. Increases of 1% or greater are considered significant and will contribute to the need for widening Jambo- ree Road as provided in the Circulation Improvement and Open Space Agreement and the Final EIR. 9. That the proposed project takes its access from University Drive and will increase traffic on Universi- ty Drive by 2000 trips per day. This is a 5.6% in- crease over existing traffic. Increases of 19o' or greater are considered significant and this increase will contribute to the need for widening University Drive as provided in the Circulation Improvement and Open Space Agreement and the Final EIR. Conditions: 1. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State -22- a�S COMMISSIONERS O�G�.n d\� CITY Or NENVPORT BEACH MINUTES January 5, 1995 ROLL CALL INDEX Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the final 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, Subarticle 18. 3. 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 construc- tion project. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That a standard subdivision agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improve- ments. 6. That each dwelling unit be served with an individual metered water service connections to the public water system and sewer lateral connection with a cleanout to the public sewer system unless otherwise approved by the Utilities Department and the Building Depart- ment. -23- a COMMISSIONERS MINUTES CITY OF NEWPORT BEACH January 5, 1995 ROLL CALL INDEX 7. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer for compliance with City policies, standards and codes. 8. That the on -site circulation system connect to the existing Bike Trail along San Diego Creek between buildings 14 and 15 in a manner approved by the Public Works Department. 9. That the design of the private streets and drives conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department. i The basic roadway width shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer for compliance with City policies, standards and codes. 10. That an Encroachment Agreement be provided where non-standard improvements are to be constructed over public easements. 11. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 12. That the California Vehicle Code be enforced on the private streets and drives, and that a Traffic Control plan acceptable to the Police Department and Public Works Department be provided. 13. That if it is desired to have a control gate at *the entrance, a turnaround shall be provided prior to the -24- COMMISSIONERS d\ 0 4'i d CITY OF NEWPORT BEACH l _ MINUTES January 5, 1995 ROLL CALL INDEX gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Depart- ment and Fire Department. The entry gate shall have a minimum clear opening of 16 feet. The control gate shall be equipped with Opticam and Nox Box devices for emergency access as approved by the Fire Marshal. The gated entry shall have a minimum of two lanes in (one for visitors and one for owners). The guard gate shall be positioned so that a minimum of 80' is provided for automobile stacking. 14. That additional right-of-way be dedicated to the public along the University Drive frontage to provide i a right-of-way width of 118 feet with an additional 6 ! foot dedication easterly of the proposed entrance for a deceleration lane; and that frontage improvements be constructed to provide for a third west bound lane on University Drive along the project frontage with a deceleration lane at the entrance to the proposed development. 15. That additional right-of-way be dedicated to the public along the Jamboree Road frontage to provide a minimum right-of-way width of 142 feet; and that frontage improvements be constructed to provide for a fourth north bound lane on Jamboree Road along the project frontage. 16. That easements be provided for public emergency and security ingress, egress and public utility purposes on all private streets and parking bays be dedicated to the public within the development; that the location, width and configuration of the easements be reviewed and approved by the Utilities and Public Works Departments; and that the easements be dedicated prior to recordation of the tract map unless otherwise approved by the Public Works Department. 17. That asphalt or concrete access roads shall be provid- ed to all public utilities, vaults, manholes, and junc- -25- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH January 5, 1995 ROLL CALL INDEX tion structure locations, with width to be approved by the Public Works Department. 18. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. That all vehicular access rights to University Drive be released and relinquished to the City of Newport Beach except at the proposed private street entrance and utility access as approved by the Public Works Department. 19. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 20. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site im- provements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the develop- er. That the design of the storm drain system meet the National Pollutant Discharge Elimination System (NPDES) Standards. 21. That water and sewer service for the subdivision shall be provided only by the City of Newport Beach unless otherwise approved by the Newport Beach Utilities Department. 22. That the water system be looped between University Drive (Zone 3) and Jamboree Road (Zone 2) with a pressure regulating station provided unless otherwise approved by the Utilities. Department. 23. That a 10 foot wide Easement be provided from the Jamboree Road frontage in order to loop the pro- posed water system . The easement shall be paved -26- C�9_•9 COMMISSIONERS MINUTES CITY OF NE'WPORT BEACH January 5, 1995 ROLL CALL IND)✓X with a hard surface unless othenvise approved by the Public Works Department in order to provide mainte- nance capabilities. 24. That County Sanitation District fees be paid prior to issuance of any building permits. 25. That fire hydrants be spaced a maximum of 300 feet apart unless otherwise approved by the Fire Marshall and that a fire hydrant must be located within 25 feet of all Fire system pump connections. 26. That the Water Capital Improvement fee be paid. 27. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 28. That the Public Works Department plan check and inspection fee be paid. 29. That any Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L. 30. Disruption caused by construction work along road- ways and by movement of construction vehicles shall be minimized by proper use of traffic control equip- ment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the Jamboree Road or University Drive rights -of -way unless otherwise approved by the City Traffic Engineer. -27- COMMISSIONERS ��. •�O Off,@ CITY OF NEWPORT BEACH MINUTES January 5, 1995 ROLL CALL INDEX 31. That overhead utilities serving the site be under - grounded in accordance with Section 19.24.140 of the Municipal Code unless it is determined by .the City Engineer that such undergrounding is unreasonable or impractical. 32. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 33. That the existing vehicular access be maintained off of Jamboree Road at the Jamboree Road bridge to provide for County Flood Control access to San Diego Creek and Bonita Creek. The design of this access shall be approved by the county of Orange and the City Public Works Department. 34. That Lots A, B & C be privately owned, landscaped and maintained. Landscaping shall be installed as described in the approved site plan. 35. Subject to feasibility and approval by the TCA, that the future freeway ramp right-of-way on Jamboree Road be graded to future ramp grades unless other- wise approved by the Public Works Department. 36. Prior to recordation the map shall be revised to delete the term "Vesting" and correct statistical errors and section labeling errors. 37. Lot C shall be divided adding a Lot D which would encompass the portion of Lot C facing Bonita Creek and containing the improved bicycle trail. Lot D shall be dedicated to the City of Newport Beach. 38. Notwithstanding the maintenance of Lots A, B and C as private open space, all lettered lots shall be -28- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH January 5, 1995 ROLL CALL INDEX deemed as satisfying the requirements for open space dedication contained in the Circulation Improvement and Open Space Agreement. D. Site Plan Review No. 72 i Findings: 1. That the development of the project will not preclude implementation of specific General Plan objectives and policies if in accordance with the plans as modified by the condition for approval. 2. That the value of the property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropri- ate placement of structures and failure to preserve where feasible natural landscape features. Conditions: 1. That development shall be in substantial conformance with the approved conceptual grading plan, landscaping plan, site plan, floor plans and elevations, except as modified in the following conditions and those imposed on the Tentative Tract Map. 2. That this site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 K of the Newport Beach Municipal Code. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer for compliance with City policies, standards and codes. 4. That the on -site circulation system connect to the existing Bike Trail along San Diego Creek between buildings 14 -29- .3� COMMISSIONERS MINUTES CITY OF NE" PORT BEACH January 5, 1995 ROLL INDEX CALL and 15 in a manner approved by the Public Works Department. 5. That the design of the private streets and drives conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer for compliance with City policies, standards and codes. 6. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty- four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 7. That if it is desired to have a control gate at the en- trance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. The entry gate shall have a minimum clear opening of 16 feet. The control gate shall be equipped with Opticam and Nox Box devices for emergency access as approved by the Fire Marshal. The gated entry shall have a minimum of two lanes in (one for visitors and one for owners). The guard gate shall be positioned so that a minimum of 80' is provided for automobile stacking. 8. That fire hydrants be spaced a maximum of 300 feet apart unless otherwise approved by the Fire Marshall and that a fire hydrant must be located within 25 feet of all Fire system pump connections. 9. That the existing vehicular access be maintained off of Jamboree Road at the Jamboree Road bridge to provide -30- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH January 5, 1995 ROLL CALL INDEX for County Flood Control access to San Diego Creek and Bonita Creek. The design of this access shall be ap- proved by the county of Orange and the City Public Works Department. A eneral Plan Amendment No. 4• A (Public Hearin item No. 6 Re q est to amend the General Plan Land Use and GPA 94-3 (A) Recre 'on and Open Space Elements, and the Local ; Approved Coastal gram, Land Use Plan for the Ca)Trans West ; parcel. This equest would change the land use designa- Resolution tion Multi-F 'ly Residential of with an allocation of 152 , No. 1378 dwelling units to d an alternate designation of Recre- ational and Enviro ental Open Space which may be implemented subject t eeific criteria set forth in the General Plan. AND B. al Coastal Program Ame dme N 5 P li LCP No. 35 Hearing) i Approved Request to amend the Local Coastal Program, nd Use Resolution Plan for the CalTrans West parcel, This reques would No. 1379 change the language of the LCP to be consistent ith that approved in General Plan Amendment 94-3(A). AND -31- L/ ' ' TO: Planning Commission - 3. project. In response to Item 3, the following additional condition is suggested for Tentative Tract No. 14989 Flood Protection a. Prior to recordation of a final map or issuance of any grading or building permit, whichever occurs first, a hydraulic study shall be submitted demonstrating that the building pads will be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 year flood b. Prior to issuance of any occupancy certificate, the ,Mood protection improvements identified in the hydraulic study that are necessary to protect this site from flood inundation shall be constructed in a manner meeting the approval . of the Building Department. This condition would address the concern raised by the County of Orange regarding flood protection for the project. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By Jo H. D las, AICP cipal Pl er/Environmental Coordinator Attachments: 1. Resolution No. (Amendment No. 814) 2. Proposed Final Exhibit A - Findings and Conditions for Approval 3. Late comment from Orange County EMA 4. Excerpt of draft Planning Corrunission Minutes - January 5, 1995 5. Planning Commission staff report - January 5, 1995 6. Supplemental Planning Commission staff report - January 5, 1995 7. Tentative Tract Map 8. Site Plan, Floor Plans, and Elevations F.%WINDO W S\PLANNINGUGHN-VZAYPOIN1lCCSR1.DOO RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL 'OF'THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TIME PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE NORTH FORD PLANNED COMMUNITY (PLANNING COMMISSION AMENDMENT NO. 814) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and WHEREAS, the proposed revisions to the Planned Community District Regulations are consistent with the Newport Beach General Plan; and and WHEREAS, the proposed project meets the criteria of the Traffic Phasing Ordinance; WHEREAS, pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment, therefore a Negative Declaration has been prepared; and WHEREAS, the Planning Commission has held a duly noticed public hearing and has recommended adoption of the proposed amendment by the City Council. NOW, THEREFORE, BE IT RESOLVED that based upon the information contained in the Initial Study, comments received, and all related documents, the City Council finds that there is no substantial evidence that the project, as conditioned or as modified by mitigation measures.identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration Ab has been prepared. The City Council finds that the Negative Declaration adequately addresses the potential environmental impacts of the project, satisfies all the requirements of CEQA, and reflects the independent judgment of the City Council. The Negative Declaration was reviewed and considered prior to approval of the project. BE if FURTHER RESOLVED that the City Council of the City of Newport Beach does hereby approve an amendment to the North Ford Planned Community District Regulations and Development Plan as attached hereon as Exhibit 1. ADOPTED this day of 1995. Mayor ATTEST: City Clerk Attachment: Exhibit 1 F:IWRMWSTLANNINGWFIN-MAYPORn)CC XS-AS14.DOC 2 c" Exhibit 1 Amendment No. 814 Baypoint VIU.B.6. Parkin A minimum of 2 1.87 parking spaces shall be provided per unit, including one covered space. In addition, guest parking shall be provided within the development at a minimum rate of 0.5 space per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20-foot depth), in a manner acceptable to the City Traffic Engineer. rg PROPOSED FINAL EXHIBIT "A" FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL DOCUMENT AMENDMENT NO.814 TENTATIVE MAP OF TRACT NO. 14989 SITE PLAN REVIEW NO.72 (BAYPOINT) A. Environmental Document Findings: 1. That CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. Among several uses the program EIR can provide the basis in an Initial Study for determining whether the later activity may have significant effects (CEQA Guidelines, section 15168, subd.(d).) 2. CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any significant effects or in the case of a mitigated negative declaration any effects which cannot be eliminated or reduced to a level of insignificance. (Guidelines, section 15070. subd.(b) and 15153, subd.(c).) The Initial Study analyzed the proposed amendment, site plan and tentative map for the Baypoint residential development based on information contained in the previously certified 1992 Final CIOSA Program EIR and any new information which has become available regarding the project. 4. The assumptions and conclusions of the 1992 Final CIOSA Program EIR have been found to be valid and appropriate for use in evaluating the current proposal. The Initial Study has found that there are no new potential significant adverse impacts which cannot be eliminated or mitigated to a level of insignificance, therefore a Negative Declaration has been prepared. 5. The Negative Declaration reflects the independent judgment of the Planning Commission and has been reviewed and considered prior to approval of the project. Mitigation Measures: That all mitigation measures applicable to the project set forth in Final Environmental Impact Report No. 148 be complied with as set forth in the approved mitigation monitoring program. Exhibit A • Findings and Conditions A 814trrM 14989/SPR 72 Page 1 17 2. Prior to the issuance of any building permit the applicant shall demonstrate to the Building Department that all recommendations of the noise study have been incorporated into the design of the project. 3. Prior to issuance of any grading permit for property containing saltbush scrub habitat, the applicant shall demonstrate to the Building Department that an Interim Take of California gnateatcher habitat has been approved by the U.S. Fish and Wildlife Service. 4. Prior to the issuance of any grading or building permits for the development, that the noise study for the project be revised to include potential future traffic for the 7R-5 ramp, and that the mitigation measures suggested in the revised report be incorporated into the project design. Additionally, all tenants and/or owners shall be informed of the potential future JR-5 ramp connection to the San Joaquin Hills Transportation Corridor, and the potential adverse impacts which would result from its construction. 5. All exterior lighting shall be designed and maintained in such a manner as to conceal light sources and to minimize spillage and glare to the adjacent residential properties. Prior to issuance of a building permit, lighting plans shall be submitted by a licensed electrical engineer with a letter stating that, in his opinion, this requirement has been met. B. Amendment No. 814 Adopt Resolution No. recommending City Council approval of Amendment No. 814. C. Tentative Map of Tract No. 14989: Findings: 1. That the subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and its objectives, policies, general land uses and programs, and the North Ford Planned Community Development Plan and District Regulations. 2. That the site is physically suitable for the type of development proposed. 3. That the site is physically suitable for the density of development proposed. 4. That the design of the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. That the design of the subdivision is not likely to cause serious public health problems. 6. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision, Exhibit A• Findings end Conditions A814f M14989/SPR72 &get 7. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. S. That the proposed apartment project is expected to generate nearly 2000 trips per day. Approximately 1600 of these trips will be using Jamboree Road, with 1300 of them north of University Drive. This represents a 2.3% increase in trips over existing traffic. Increases of 1% or greater are considered significant and will contribute to the need for widening Jamboree Road as provided in the Circulation Improvement and Open Space Agreement and the Final EIR. - 9. That the proposed project takes its access from University Drive and will increase traffic on University Drive by 2000 irips per day. This is a 5.6% increase over existing traffic. Increases of 1% or greater are considered significant and this increase will contribute to the need for widening University Drive as provided in the Circulation Improvement and Open Space Agreement and the Final E1R. Conditions: That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the final map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. ' 5. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record' a tract map or obtain a building permit prior to completion of the public improvements. 6. That each dwelling unit be served with an individual metered water service connections to the public water system and sewer lateral connection with a cleanout to the public sewer system unless otherwise approved by the Utilities Department and the Building Department. Hx}ubit A- Fuxiings and Conditions A 814M M 14989/SPR 72 Page 3 7. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer for compliance with City policies, standards and codes. 8. That the on -site circulation system connect to the existing Bike Trail along San Diego Creek between buildings 14 and 15 in a manner approved by the Public Works Department. 9. That the design of the private streets and drives conform with the City's Private 'Street Policy (LA), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer for compliance with City policies, standards and codes. 10. That an Encroachment Agreement be provided where non-standard improvements are to be constructed over public easements. 11. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non- critical locations, subject to approval of the Traffic Engineer, 12. That the California Vehicle Code be enforced on the private streets and drives, and that a Traffic Control plan acceptable to the Police Department and Public Works Department be provided. 13. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. The entry gate shall have a minimum clear opening of 16 feet. The control gate shall be equipped with Opticam and Nox Box devices for emergency access as approved by the Fire Marshal. The gated entry shall have a minimum of two lanes in (one for visitors and one for owners). The guard gate shall be positioned so that a minimum of 80' is provided for automobile stacking. 14. That additional right-of-way be dedicated to the public along the University Drive frontage to provide a right-of-way width of 118 feet with an additional 6 foot dedication easterly of the proposed entrance for a deceleration lane; and that frontage improvements be constructed to provide for a third west bound lane on University Drive along the project frontage with a deceleration lane at the entrance to the proposed development. 15. That additional right-of-way be dedicated to the public along the Jamboree Road frontage to provide a minimum right-of-way width of 142 feet; and that frontage improvements be constructed to provide for a fourth north bound lane on Jamboree Road along the project frontage. Exhibit A. Findings and Condiaow A 814M M 14989/SPR 71 Page 4 Au 16. That easements be provided for public emergency and security ingress, egress and public utility purposes on all private streets and parking bays be dedicated to the public within the development; that the location, width and configuration of the easements be reviewed and approved by the Utilities and Public Works Departments; and that the easements be dedicated prior to recordation of the tract map unless otherwise approved by the Public Works Department. 17. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 18. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. That all vehicular access rights to University Drive be released and relinquished to the City of Newport Beach except at the proposed private street entrance and utility access as approved by the Public Works Department. 19. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 20. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That the design of the storm drain system meet the National Pollutant Discharge Elimination System (NPDES) Standards. 21. That water and sewer service for the subdivision shall be provided only by the City of Newport Beach unless otherwise approved by the Newport Beach Utilities Department. 22. That the water system be looped between University Drive (Zone 3) and Jamboree Road (Zone 2) with a pressure regulating station provided unless otherwise approved by the Utilities Department. 23. That a 10 foot wide Easement be provided from the Jamboree Road frontage in order to loop the proposed water system . The easement shall be paved with a hard surface unless otherwise approved by the Public Works Department in order to provide maintenance capabilities. 24. That County Sanitation District fees be paid prior to issuance of any building permits. 25. That fire hydrants be spaced a maximum of 300 feet apart unless otherwise approved by the Fire Marshall and that a fire hydrant must be located within 25 feet of all Fire system pump connections. 26. That the Water Capital Improvement fee be paid. Exhibit A- Findings and Conditiow A 814= 14989,SPR 72 Page 5 27. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 28. That the Public Works Department plan check and inspection fee be paid. 29. That any Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L. 30. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized 6y 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. There shall be no construction storage or delivery of materials within the Jamboree Road or University Drive rights -of -way unless otherwise approved by the City Traffic Engineer. 31. That overhead utilities serving the site be undergrounded in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 32. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 33. That the existing vehicular access be provided maintained off of Jamboree Road at the Jamboree Road bridge to provide for County Flood Control access to San Diego Creek and Bonita Creek. The design of this access shall be approved by the county of Orange and the City Public Works Department. 34. That Lots A, B & C be privately owned, landscaped and maintained. Landscaping shall be installed as described in the approved site plan. 35. Subject to feasibility and approval by the TCA, that the future freeway ramp right-of-way on Jamboree Road be graded to future ramp grades as unless otherwise approved by the Public Works Department. 36. Prior to recordation the map shall be revised to delete the term "Vesting" and correct statistical errors and section labeling errors. 37. Lot C shall be divided adding a Lot D which would encompass the portion of Lot C facing Bonita Creek and containing the improved bicycle trail. Lot D shall be dedicated to the City of Newport Beach. Exhibit A-FkAinp ud Cundidom A 814 TM 149891SPR 73 PAP 6 38. Notwithstanding the maintenance of Lots A, B and C as private open space, all lettered lots shall be deemed as satisfying the requirements for open space dedication contained in the Circulation Improvement and Open Space Agreement. 39. Flood Protection a. Prior to recordation of a final map or issuance of any grading or building permit, whichever occurs first, a hydraulic study shall be submitted demonstrating that the building pads will be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood. b. Prior to issuance of any occupancy certificate, the flood protection improvements identified in the hydraulic study that are necessary to protect this site from flood inundation shall be constructed in a manner meeting the approval of the Building Department. D. Site Plan Review No.:72 Findings: 1. That the development of the project will not preclude implementation of specific General Plan objectives and policies if in accordance with the plans as modified by the condition for approval. 2. That the value of the property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features. Conditions: That development shall be in substantial conformance with the approved conceptual grading plan, landscaping plan, site plan, floor plans and elevations, except as modified in the following conditions and those imposed on the Tentative Tract Map. 2. That this site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 K of the Newport Beach Municipal Code. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer for compliance with City policies, standards and codes. 4. That the on -site circulation system connect to the existing Bike Trail along San Diego Creek between buildings 14 and 15 in a manner approved by the Public Works Department. 5. That the design of the private streets and drives conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street Exhibit A - Findings and condition A814fr M 14989/SPR72 Page 7 and drive systems shall be subject to further review and approval by the City Traffic Engineer for compliance with City policies, standards and codes, 6. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non- critical locations, subject to approval of the Traffic Engineer. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. The entry gate shall have a minimum clear opening of 16 feet, The control gate shall be equipped with Opticam and Nox Box devices for emergency access as approved by the Fire Marshal. The gated entry shall have a minimum of two lanes in (one for visitors and one for owners). The guard gate shall be positioned so that a minimum of 80' is provided for automobile stacking. 8. That fire hydrants be spaced a maximum of 300 feet apart unless otherwise approved by the Fire Marshall and that a fire hydrant must be located within 25 feet of all Fire system pump connections. 9. That the existing vehicular access be maintained off of Jamboree Road at the Jamboree Road bridge to provide for County Flood Control access to San Diego Creek and Bonita Creek. The design of this access shall be approved by the county of Orange and the City Public Works Department. F.%W iNDOWSIFLANNINOIVOHN•DIBAYPOINrd)CV&C.RN.DOC ExlubitA• Fudinp ud Ca XtiNs A 814nW 149891SOR72 MICHAELM.RUANE OF r • I. �•: . �� • DIRECTOR. EMA THOMAS B. MATHEWS .. DIRECTOR OF PLANNING G E Al � s L ,•. �1 �;•7 2 n nv ) y I LOCATION: ENVIRONMENTAL MANdG�M(Ef1T AGENCY 300 N. FLOWER ST. THIRD FLOOR PLANNING ty1 SANTA ANA, CA JAN 0 6 1994 MAILI P OA BOX 4048 SANTA ANA. CA 92702.404P TELEPHONE: (714) 834.4643 FAX N• 834.2771 DPC: 834.4772 NCL 94-106 John Douglas, Environmental Coordinator City of Newport Beach Planning Department 33000 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658-8915 SUBJECT: ND for Baypoint (San Diego Creek South) Dear Mr. Douglas: The above referenced item is a Negative Declaration (ND) for the City of Newport Beach. The project site is bounded by Jamboree Road on the west, University Drive on the south, Bonita Creek on the east, and San Diego Creek on the north. The purpose of the project is to construct 208 two -bedroom units and 92 one -bedroom units. The County of Orange has reviewed the ND resulting in the following comments: 1. The project will have adverse impact on a number of intersections on the arterial highway system in the John Wayne Airport area. We suggest that the project include mitigations to offset these impacts. 2. The Master Plan of countywide Bikeways (MPCB) identifies the following regional bikeways in the project vicinity: Route 40 A Class I (off -road, paved) bikeway along San Diego Creek; Route 65: A Class I bikeway along Jamboree Road. The project should accommodate these existing regional bikeways. We also suggest providing bikeway connections between the project and these bikeways. J. Douglas Page 2 FLOOD 3. Because of the proximity of the proposed development to San Diego Creek and Bonita Creek, the City should require the developer to construct ultimate channel improvements for San Diego Creek between Bonita Channel and Jamboree Road, and for Bonita Creek between University Drive and the confluence with San Diego Creek in consultation with Environmental Management Agency (EMA) Flood Program Division to ensure that all proposed buildings shall be safe from flooding from runoff resulting from the 100-year storm. The proposed improvements should also be designed to Orange County Flood Control District (OCFCD) criteria and standards and be reviewed and approved by EMA. WATER QUALITY 4. We would concur with the analysis on Page 18 that review of the plans does not reveal any new potential adverse impacts related to water quality that would not be mitigated to the extent deemed reasonable and feasible in the 1992 EIR, by the EIR's adopted mitigation measures, particularly No. 75, 5. The Irvine Company or their agent or construction contractor should submit a Notice of intent for the site's stormwater discharges (during construction) to be permitted by the Statewide General Industrial NPDES (National Pollutant Discharge Elimination System) Permit for Construction Activities to the California Water Resources Control Board. In addition, they must prepare a Stormwater Pollution Prevention Plan (SWPPP) for the site, which includes Best Management Practices (BMPs) like many of those actually listed as mitigation measures in the Mitigation Monitoring and Reporting Program Summary. 6. Once the project is completed, as a community within the City of Newport Beach, it will be subject to the Drainage Area Management Plan (DAMP) developed by the County and incorporated cities under the storm water and urban runoff permits issued by the Regional Water Quality Control Boards with jurisdiction over Orange County. Thank you for the opportunity to respond to the above referenced item. If you have any questions or need to contact us, please call Kari Rigoni at (714) 834-2109. Very truly yours, Kiir-1 A. Rigoni, Sr. Pganner FOR: Robert W. White, Manager Environmental Planning Division CH:sf (5005)0113015164648 Amer Moti Vo to All COMMISSIONERS `Pow° s CITY OF NEWPORT BEACH MINUTES January 5, 1995 ROLL CALL INDEX parking lot, utilizing an employee shuttle, with the to be used designated by the permittee and s ' esignation and ided .anon employee identification informa ' given to the Planning Director; and if the inte ' -site parking is not arranged, the Planning D' or is to bring the matter back to the Ayes Plannin mmission. Amended motion voted on. MO - CARRIED. A. Amendment No. 814 (Public Hearing) item No. 5 Request to amend the North Ford Planned Community A 814 District Regulations so as to modify the parking require- Approved ments for Area 4 of the Development Plan to allow for the reduction of 40 parking spaces as required to comply with Resolution the requirements of the U.S. Fish and Wildlife Service; and No. 1377 the acceptance of an environmental document. AND B. Tentative 111apof Tract No. 14989 (Public Hearing) MI No. 14S Request to subdivide 20.36 acres of land into 2 numbered lots for a 300-unit residential condominium development and Approved 3 lettered lots for open space. AND C. Site Plan Review No. 72 (Public Hearing) SPR No. 72 Request to approve a Site Plan Review for the development of 300 residential condominium units and approximately 2.49 Approved acres of open space on property located in the North Ford Planned Community District. LOCATION: A portion of Lot 10, Tract No. 12309, located at 3100 Jamboree Road, on the northeasterly corner of Jamboree Road and University Drive, in the North Ford Planned Community. -14- COMMISSIONERS MINUTES ' CITY OF NEWPORT BEACH January 5, 1995 ROLL CALL INDEX ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant ENGINEER: Adam Streeter, Civil Engineers, Inc., Irvine j John Douglas, Principal Planner, stated the proposed Baypoint project, also known as San Diego Creek South, was a component of the Circulation and Open Space Agreement (CIOSA) approved by the Planning Commission and City i Council in 1992, He reviewed the applications explaining the Site Plan Review is required under the zoning regulations to provide site specific review prior to construction. The amendment to the North Ford Planned Community District Regulations is a result of the requirement placed on the applicant, The Irvine Company, by the U.S. Fish and Wildlife Service to create some additional habitat area to facilitate wildlife migration between Upper Newport Bay and the open space areas to the east of the subject property. In order to comply with this request, the applicant redesigned the project to eliminate 40 parking spaces to create the additional habitat area. The conclusion of a parking study completed to determine the effects of the proposed parking reduction was that the reduction would not have any substantial effect on the project. The tentative map is proposed in order to create condominium units although it is the intent of the applicant to build the project as rental apartments with the option for later condominium conversion. Mr. Douglas pointed out some minor typographical errors in the staff report to the Commission: Pape 3, Background, 2nd paragraph. 2nd sentence: delete bluff and view park dedica- tion. Page 4. Tentative Tract Map No: Tract No. should be 14989. Site Plan Review No: Site Plan Review No. should be 72, Page 5. Paragraph b: should read, multi -family subdivision. 45- /f COMMISSIONERS 0 , I\ NoN � 4 Nk CITY OF NEWPORT BEACH MINUTES January 5, 1995 ROLL CALL INDEX Mr. Douglas stated that after distribution of the staff report, a letter was received from the Newport North Homeowners Association with comments regarding the Negative Declara- tion. As a result, a supplemental staff report was prepared ,with responses to the Homeowners Associations' expressed concerns. Mr. Douglas summarized the City's responses to the issues questioned by the Homeowners' Association. Conclusions out of date. He stated that the project was evaluated as part of the CIOSA agreement approved in 1992. However, as an environmental review, an extensive Initial Study was completed evaluating the specifics of the current application and determined that the conclusions contained in the CIOSA Final EIR are still valid. Staff has recommended additional mitigation measures, however. Parking adequacy. It is the opinion of staff that the parking study prepared for the project shows the proposed parking will be adequate. Traffic, air quality, and noise. Staff believes that these issues were adequately evaluated during the CIOSA public hearing process, and since this proposed project is substantially the same as the project approved under CIOSA, there are no additional impacts that would result from the approval of the tract map and site plan review. Security and handicapped accessibility. The Police Department has reviewed the ,project and made recommendations to the developer regarding appropriate security measures which will be incorporated into the project. In addition, the project is required to comply with the Americans with Disabilities Act. Lighting. There is an existing mitigation measure from CIOSA. Staff has recommended an additional mitigation measure requiring a licensed engineer to review the plans and certify that light spillage on adjacent properties will be minimal. Mr. Douglas continued that staff had met with the applicant to discuss conditions of approval contained in the original staff report, and based upon those discussions with the applicant, Public Works Department and Planning Depart- ment, revisions have been prepared and are included, in strikeout and underline'format, in the revised Exhibit'W' of the supplemental staff report. Mr. Douglas pointed out the -16- COMMISSIONERS \\���A �0�16 ����� CITY OF NEWPORT BEACH MINUTES January 5, 1995 ROLL CALL INDEX omission of the lighting mitigation measure, discussed above, stating it should appear as number 5 on handwritten page number 5. He reviewed, for the Commission, the recom- mended revisions to the findings and conditions of approval. C. Tentative Map of Tract No.14989. Conditions No. 8 and No,9 These two additional conditions are recommended by the Public Works Department, to clarify the record, that this project would create additional traffic and would justify the improvements on the adjacent road network. Condition No, 7 A minor clarification is being recommended that the additional review by the Traffic Engineer is to ensure compliance with City policies, standards and codes. Condi- tion No. 8 Clarifies the location of the connection to the San Diego Creek bike trail. Condition No. 9. Recommend- ing review by the City Traffic Engineer to ensure compliance with City policies, standards and codes. Condition No. 18, An insert to allow for vehicular access for utility mainte- nance purposes. Condition No. 21, Adds text to allow flexibility in case it were desirable to have the property served by Irvine Ranch Water District rather than the City, Condition No. 33. A clarification that the existing vehicular access be maintained. Condition No. 35. Provides that the grading for the future ramp would be subject to a feasibility study and approval by the Transportation Corridor Agency unless otherwise approved by the Public Works Department. Condition No. 37 and Condition No. 38, Mr. Douglas stated these conditions refer to the lettered lots which are the open space portions of the development. The map included with the staff report shows three lettered lots, A, B and C. The original condition would have required that all three lettered lots be owned, landscaped and maintained by the developer or the Homeowners' Association. He said that Condition No. 37 specifies that Lot C would be divided into two portions and the portion that is along Bonita Creek and wrapping around the corner containing the bicycle trail would be dedicated to the City. He stated the area is a natural open space area as opposed to a manufactured slope and would be consistent with previous Planning Commission and City Council actions on other CIOSA properties for the developer or his successors to be required to own and -17- .-�C1 COMMISSIONERS OJK_00'A"�\op%\& CITY OF NEWPORT BEACH MINUTES January 5, 1995 ROLL CALL INDEX maintain manufactured slope areas. Condition No. 38 clarifies that even though some of the open space areas are privately owned, they would be included in the tabulation of the open space requirements that were adopted in the CIOSA agreement. Continuing, Mr. Douglas referred the Commission to item D. Site Plan Review No. 72. Condition No. 2: A typographical error and does not apply to the proposed project. Conditions No. 4 through No. 10. These contain the same revisions as those listed under the Tenta- tive Map, Item C. Responding to a question from Commissioner Adams, Public Works Director Webb confirmed that the easements on private streets referred to in the conditions of approval include provisions for providing traffic signal equipment easements for the intersection. I The public hearing was opened in connection with this item, ' and Mr. Tom Redwitz, Vice President of Development Entitlement for The Irvine Company, appeared before the Planning Commission. He stated the proposed development is the third project that is part of the Circulation and Open Space Agreement, and as such was the subject of years of planning and discussion to reach the final plan. He said the final plan is consistent with the approved Agreement. Mr. Redwitz then introduced to the Commission, Mr. Rick Lamprecht, Vice President of Development for Irvine Apartment Communities, who -will be the owners, developers, and managers of the project. Mr. Lamprecht addressed the Planning Commission and stated that Irvine Apartment Communities is a recently formed investment trust that owns the apartments previously owned by The Irvine Company. Mr. Lamprecht concurred with the findings and conditions in the Revised Exhibit "A." In response to questions posed by Commissioner Adams, Mr. Lamprecht stated there would be an unmanned control gate installed at the entrance to the development. He continued there would be a gated access from the site to the existing bike trail. -18- 41 COMMISSIONERS MINUTES' Ito t All CITY OF NEN'VPORT BEACH January 5, 1995 ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Discussion followed between staff and Commissioner Ridgeway regarding the date of receipt of the aforemen. tioned letter from the Newport North Homeowners' Associa- tion. Mr. Douglas stated it was stamped received January 3, 1995, and the 30-day Negative Declaration public review period closed January 3, 1995. ion x Motion was made and voted on to approve Amendment No. Ayes I 814 (Resolution No. 1377), Tentative Map of Tract No. 14989, and Site Plan Review No. 72 subject to the revised findings and conditions in Revised Exhibit "A." MOTION CARRIED. A. Environmental Document Findings: 1. That CEQA allows a program EIR to be used to simplify the task of preparing environmental docu- ments on later parts of the program. Among several uses the program EIR can provide the basis in an Initial Study for determining whether the later activity may have significant effects (CEQA Guidelines, section 15168, subd.(d).) 2. CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any significant effects or in the case of a mitigated nega- tive declaration any effects which cannot be eliminat- ed or reduced to a level of insignificance. (Guidelines, section 15070. subd.(b) and 15153, subd.(c).) 3. The Initial Study analyzed the proposed amendment, site plan and tentative map for the Baypoint residen- .19- COMMISSIONERS ` gyp\ CITY OF NEWPORT BEACH MINUTES January 5, 1995 ROLL CALL INDEX tial development based on information contained in the previously certified 1992 Final, CIOSA Program EIR and any new information which has become available regarding the project. 4. The assumptions and conclusions of the 1992 Final •CIOSA Program EIR have been found to be valid and appropriate for use in evaluating the current proposal. The Initial Study has found that there are no new potential significant adverse impacts which cannot be eliminated or mitigated to a level of insignificance, therefore a Negative Declaration has been prepared. 5. The Negative Declaration reflects the independent judgment of the Planning Commission and has been reviewed and considered prior to approval of the project. Mitigation Measures: 1. That all mitigation measures applicable to the project set forth in Final Environmental Impact Report No. 148 be complied with as set forth in the approved mitigation monitoring program. 2. Prior to the issuance of any building permit the applicant shall demonstrate to the Building Depart- ment that all recommendations of the noise study have been incorporated into the design of the project. 3. Prior to issuance of any grading permit for property containing saltbush scrub habitat, the applicant shall demonstrate to the Building Department that an Interim Take of California gnatcatcher habitat has been approved by the U.S. Fish and Wildlife Service. 4. Prior to the issuance of any grading or building permits for the development, that the noise study for the project be revised to include potential future -20- COMMISSIONERS MINUTES CYl'Y OF NEWPORT BEACH January 5, 1995 ROLL CALL I INDEX traffic for the JR-5 ramp, and that the mitigation measures suggested in the revised report be incorpo- rated into the project design, Additionally, all tenants and/or owners shall be informed of the potential future JR-5 ramp connection to the San Joaquin Hills Transportation Corridor, and the potential adverse impacts which would result from its construction, 5. All exterior lighting shall be designed and maintained in such a manner as to conceal light sources and to minimize spillage and glare to the adjacent residential properties. Prior to issuance of a building permit, `. lighting plans shall be submitted by a licensed electri- cal engineer with a letter stating that, in his opinion, this requirement has been met. B. Amendment No. 814 i Adopt Resolution No. 1377 recommending City Council approval of Amendment No. 814. Tentative Map of Tract No. 14989: Findings: 1. That the subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and its objectives, policies, general land uses and programs, and the North Ford Planned Community Development Plan and District Regula- tions. 2. That the site is physically suitable for the type of development proposed. 3. That the site is physically suitable for the density of development proposed. -21- �T Planning Commission Meeting January 5, 1995 Agenda Item No. CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A Ameridment No. 814 (Public Hearing) Request to amend the North Ford Planned Community District Regulations so as to modify the parking requirements for Area 4 of the Development Plan to allow for the reduction of 40 parking spaces as required to comply with the requirements of the U.S. Fish and Wildlife Service; and the acceptance of an environmental document. rnue, B. Tentative Man orTract No.14989 (Public Hearing) Request to subdivide 20.36 acres of land into 2 numbered lots for a 300- unit residential condominium development and 3 lettered lots .for open space. mug C. Site Plan Review No. 72 (Public Hearin Request to approve a Site Plan Review for the development of 300 residential condominium units and approximately 2.49 acres of open space on property located in the North Ford Planned Community District. LOCATION: A portion of Lot 10, Tract No. 12309, located at 3100 Jamboree Road, on the northeasterly corner of Jamboree Road and University Drive, in the North Ford Planned, Community. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant TO' Planning Commission - 2. ENGINEER: Adam Streeter, Civil Engineers, Inc., Irvine Annlientions If approved, the applications submitted will allow the subdivision of the San Diego Creek South property for multi -family residential development (Baypoint Apartments). An amendment to the adopted North Ford Planned Community District Regulations is requested to reduce the panting requirement for the residential project. Amendment procedures are contained in Section 20,51.045 of the Newport Beach Municipal Code. A tentative tract map has been submitted to provide for the subdivision of the property into 2 residential lots and 3 parcels for public open space use, as well as for private open space. Tentative Tract Map procedures are set forth in Chapter 19.12 of the Newport Beach Municipal Code and the State Subdivision Map Act. A Site Plan Review approval is also requested as required by the Planned Community District Regulations. Site Plan Review procedures are contained in the North Ford Planned Community District Regulations, as well as Section 20,01.070 of the Newport Beach Municipal Code. Environmental Sieni(icance This project was originally reviewed pursuant to the California Environmental Quality Act (CEQA) as part of the Program Environmental Impact Report prepared for the Circulation Improvement and Open Space Agreement (CIOSA). As provided for by CEQA, the City has used this Program EIR to provide the basis for an initial study. Through the initial study process, the City has reviewed the detailed information now available with the subdivision map and site plan review submittal in order to determine if, based on this new information, the determinations of the original EIR are still appropriate. The new initial study has revealed that, with one new mitigation measure suggested, there are no new significant environmental effects which cannot be mitigated to a level of insignificance. Therefore, a Negative Declaration has been prepared for the consideration of the Planning Commission. The City has received a comment on the Negative Declaration from the Transportation Corridor Agencies. Its comment requests that the potential future traffic which may affect the site on the proposed JR-5 ramp (connecting Jamboree Road to the San Joaquin Hills Transportation Corridor) be included in the noise study, and that disclosure of the potential future JR 5 ramp be made to future tenants of owners. An additional mitigation is, therefore, suggested: Prior to the issuance of any grading or building permits for the development, that the noise study for the project be revised to include potential future traffic for the JR-5 ramp, and that the mitigation measures suggested in the revised report be incorporated into the project design. Additionally, all tenants and/or owners shall be in of the potential future JR S ramp connection to the San Joaquin Hills Transportation Corridor, and the potential adverse impacts which would result from its construction. V�� TO: Planning Commission - 3. Subiect Pronerty and Surrounding Land Use The subject property is a vacant site on the easterly side of Jamboree Road between San Diego Creek and University Drive. To the north is San Diego Creek, with the San Diego Creek North site beyond. To the west is Upper Newport Bay. To the south is the single family subdivision in the Newport North project and the Bonita Creek Park facility. To the east is Bonita Creek, with the alignment of the San Joaquin Hills Transportation Corridor beyond. Compliance with the General Plan and the Local Coastal Program, Land Use Plan The site is designated for Multi -Family Residential land use in both the General Plan Land Use Element and the Local Coastal Program, Land Use Plan. The site is allocated a maximum of 300 dwelling units. The proposed development is consistent with this land use designation. Background The approval of the Circulation Improvement and Open Space Agreement was concluded in June, 1993 with the approval of the California Coastal Commission. The agreement sets forth a comprehensive program of circulation system funding, open space dedications and land use entitlement. The San Diego Creek South site was part of the agreement, which established the development areas, dedication areas, and frontage improvement requirements for the project. The area for residential development was established at 18.4 acres, and the balance of the site set aside for open space. The frontage improvement obligation was set at $400,000, which will complete Master Plan improvements along Jamboree Road. Analysis Amendment No. 814. An amendment to the adopted Planned Community District Regulations for the North Ford Planned Community has been requested to reduce the parking requirements established for this development. The proposed reduction of on -site parking has been necessitated by the requirements of the U.S. Fish and Wildlife Service for increased setbacks from Jamboree Road, San Diego Creek and Bonita Creek. The purpose of these setbacks is to provide additional vegetated areas for visual markers and wildlife migration habitat to allow for the genetic mixing of California gnatcatcher populations in Upper Newport Bay and the Newport Coast Coastal Canyons. These habitat areas are being required through the processofthe Natural Communities Conservation Plan (NCCP) program which was developed by the State of California to preserve habitat critical to the survival of wildlife communities while still providing for economic development. In order to assess the adequacy of a reduced parking requirement, the consulting firm of Austin - Foust Associates was retained. The consultant surveyed actual parking demand in projects of a similar nature, taking into account unit size, bedroom counts, and assigned vs. "pool' parking. The study concluded that an overall parking requirement of 2.37 spaces per unit (1.87 resident TO: Planning Commission - 4. and 0.5 guest) would be adequate to serve the development at build -out. On this basis, staff has no objection to the requested amendment. A copy of the parking study is attached for the information of the Planning Commission, Tentative Tract Map No. 14989. The design of the subdivision is consistent with the CIOSA Agreement and the City's subdivision requirements. The tract map submitted shows two building sites for residential development. The map provides for condominium development, although it is the intent of The Irvine Company to maintain the project as rental apartments. Staff has no objections to the subdivision submitted, if approved with the conditions suggested in Exhibit "A". Site Plan Review No. 71. A site plan review requirement was established in the North Ford Planned Community District Regulations in order to ensure that the development would not preclude the implementation of General Plan objectives and policies. The Planned Community District Regulation set forth the standards for approval of the Site Plan Review. Each is discussed below: 1. Baypoint shall be graded and developed with due regard for the aesthetic qualities of the area, giving consideration to the adjacent creeks and the proximity to Upper Newport Bay. The grading plan and design of the subdivision is similar to that which was originally envisioned as part of the approval of the CIOSA Agreement, except as altered by the habitat setbacks requested by the U.S. Fish and Wildlife Service as part of the NCCP process. This has resulted in a more sensitive treatment of the interface between the Upper Bay, the creeks and private areas. This fact results in compliance with this standard. Z. No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council, on review or appeal, finds that the benefits outweigh the adverse impacts Mitigation measures have been incorporated into the project via the original certified program EIR ensuring compliance with this requirement. 3. Residential development shall be permitted in areas subject to noise levels greater than 65 CX& only where specific mitigation measures will reduce noise levels in exterior areas to less than 65 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less Pursuant to mitigation measures adopted in association with the CIOSA agreement, a preliminary noise analysis has been conducted. This study, which is attached to this report for the information of the Planning Commission, makes the following recommendations, which will be incorporated into the design requirements for the residential units: (a) Noise barriers will be required as set forth on Table S in the preliminary noise report. ff. TO: Planning Commission - 5. (b) An additional indoor noise analysis will be required to determine building upgrades when detailed architectural plans are available in order to assure that indoor and outdoor noise requirements are met for second and third floor levels. (c) Mechanical ventilation will be required for all units which face the San Joaquin Hills Transportation Corridor, Jamboree Road, or University Drive. Compliance with these recommendations will assure consistency with this site plan review standard. 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of development. The reduced parking standard proposed as part of this project has been determined by the consultant and the City Traffic Engineer to be adequate as previously discussed. The site plan has been reviewed by affected City departments and the plan complies with this standard, so long as all mitigation measures and conditions of approval are met. S. Development shall be consistent with specific General Plan policies and objectives, the adopted Circulation Improvement and Open Space Agreement, and shall not preclude the implementation of those policies and objectives. The site plan has been reviewed by affected City departments and the plan, with the suggested conditions of approval and the mitigation measures incorporated during environmental review ensures, compliance with this standard. 6. Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes and sensitive resources. The proposed subdivision is physically compatible with the site and is in keeping with surrounding development. Conclusion and Specific Recommendation Section 19.12.070 (D) of the Municipal Code provides that in order to approve a subdivision, the Planning Commission shall determine that it is satisfied with the plan of subdivision, that the map is in conformity with the requirements of Title 19, all ordinances of the City and all applicable general and specific plans. Should the Planning Commission wish to approve this application, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. In accordance with Section 66474 of the Subdivision Map Act, a legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings: �9 TO: Planning Commission - 6. (a) That the proposed map is not consistent with applicable and general and specific plans. (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the density of development. (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or type of improvements is likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In order to approve the Site Plan Review, the Planning Commission must determine that the project is in compliance with the standards described in the staff report. It is staffs opinion that none of the above findings regarding the tentative tract map may reasonably be made in this case. Additionally, this entitlement is the subject of the CIOSA Agreement, and the commitment of the site for residential and open space uses has already been made. Therefore, no findings for denial have been prepared. PLANNING DEPARTMENT JAMES D. HEWI % Director By. J hn H. ' uglas, AICP rincipal Planner Attachments: 1. Exhibit "A" 2. Draft Resolution Amendment No. 814 3. Negative Declaration 4. Comment Letters 5. Parking Study 6. Noise Study 7. Tentative Tract Map S. Site Plan, Floor Plans, and Elevations P.(WINDOWS%PLWNINOUOnN•DWAYPOnnVMR1.D00 //a TO: Planning Commission - 7. EXHIBIT i°A" FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL DOCUMENT AMENDMENT NO.814 TENTATIVE MAP OF TRACT NO. 14989 SITE PLAN REVIEW NO.72 (BAYPORM A. Environmental Document Findings: 1. That CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. Among several uses the program EIR can provide the basis in an Initial Study for determining whether the later activity may have significant effects (CEQA Guidelines, section 15168, subd.(d).) 2. CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any significant effects or in the case of a mitigated negative declaration any effects which cannot be eliminated or reduced to a level of insignificance. (Guidelines, section 15070. subd.(b) and 15153, subd.(c).) The Initial Study analyzed the proposed amendment, site plan and tentative map for the Baypoint residential development based on information contained in the previously certified 1992 Final CIOSA Program EIR and any new information which has become available regarding the project. 4. The assumptions and conclusions of the 1992 Final CIOSA Program EIR have been found to be valid and appropriate for use in evaluating the current proposal. The Initial Study has found that there are no new potential significant adverse impacts which cannot be eliminated or mitigated to a level of insignificance. 5. The Negative Declaration reflects the independent judgment of the Planning Commission and has been reviewed and considered prior to approval of the project. Mitigation Measures: 1. That all mitigation measures applicable to the project set forth in Final Environmental Impact Report No. 148 be complied with as set forth in the approved mitigation monitoring program. 2. Prior to the issuance of any building permit the applicant shall demonstrate to the Building Department that all recommendations of the noise study have been incorporated into the design of the project. // TO: Planning Commission - 8. 3. Prior to issuance of any grading permit for property containing saltbush scrub habitat, the applicant shall demonstrate to the Building Department that an Interim Take of California gnatcatcher habitat has been approved by the U.S. Fish and Wildlife Service. 4. Prior to the issuance of any grading or building permits for the development, that the noise study for the project be revised to include potential future traffic for the JR-5 ramp, and that the mitigation measures suggested in the revised report be incorporated into the project design. Additionally, all tenants and/or owners shall be informed of the potential future JR-5 ramp connection to the San Joaquin Hills Transportation Corridor, and the potential adverse impacts which would result from its construction. Tentative Map of Tract No, 14989: Findings: That the subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and its objectives, policies, general land uses and programs, and the North Ford Planned Community Development Plan and District Regulations. 2. That the site is physically suitable for the type of development proposed. 3. That the site is physically suitable for the density of development proposed. 4. That the design of the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. That the design of the subdivision is not likely to cause serious public health problems. 6. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 7. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. Conditions: 1. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (4AD83) and that prior to recordation of the final map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9.337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the final map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County /A TO: Planning Commission - 9. Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 3. 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. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 6. That each dwelling unit be served with an individual metered water service connections to the public water system and sewer lateral connection with a cleanout to the public sewer system unless otherwise approved by the Utilities Department and the Building Department. 7. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. S. That the on -site circulation system connect to the existing Bike Trail along San Diego Creek in a manner approved by the Public Works Department. 9. That the design of the private streets and drives conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. 10. That an Encroachment Agreement be provided where non-standard improvements are to be constructed over public easements. 11. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 12. That the California Vehicle Code be enforced on the private streets and drives, and that a Traffic Control plan acceptable to the Police Department and Public Works Department be provided. 13. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall'be reviewed and approved by �13 TO: Planning Commission - 10: the Public Works Department and Fire Department. The entry gate shall have a minimum clear opening of 16 feet. The control gate shall be equipped with Opticam and Nox Box devices for emergency access as approved by the Fire Marshal. The gated entry shall have a minimum of two lanes in (one for visitors and one for owners). The guard gate shall be positioned so that a minimum of 80' is provided for automobile stacking. 14. That additional right-of-way be dedicated to the public along the University Drive frontage to provide a right-of-way width of 118 feet with an additional 6 foot dedication easterly of the proposed entrance for a deceleration lane; and that frontage improvements be constructed to provide for a third west bound lane on University Drive along the project frontage with a deceleration lane at the entrance to the proposed development. 15. That additional right-of-way be dedicated to the public along the Jamboree Road frontage to provide a minimum right -of -Way width of 142 feet; and that frontage improvements be constructed to provide for a fourth north bound lane on Jamboree Road along the project frontage. 16. That easements be provided for public emergency and security ingress, egress and public utility purposes on all private streets and parking bays be dedicated to the public within the development; that the location, width and configuration of the easements be reviewed and approved by the Utilities and Public Works Departments; and that the easements be dedicated prior to recordation of the tract map unless otherwise approved by the Public Works Department. 17. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 18. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. That all vehicular access rights to University Drive be released and relinquished to the City of Newport Beach except at the proposed private street entrance as approved by the Public Works Department, 19. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 20. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That the design of the storm drain system meet the National Pollutant Discharge Elimination System (NPDES) Standards. 21. That water and sewer service for the subdivision shall be provided only by the City of NewportBeach. TO: Planning Commission - 11. 22. That the water system be looped between University Drive (Zone 3) and Jamboree Road (Zone 2) with a pressure regulating station provided unless otherwise approved by the Utilities Department. 23. That a 10 foot wide Easement be provided from the Jamboree Road frontage in order to loop the proposed water system . The easement shall be paved with a hard surface unless otherwise approved by the Public Works Department in order to provide maintenance capabilities. 24. That County Sanitation District fees be paid prior to issuance of any building permits. 25. That .fire hydrants be spaced a maximum of 300 feet apart unless otherwise approved by the Fire Marshall and that a fire hydrant must be located within 25 feet of all Fire system pump connections. 26. That the Water Capital Improvement fee be paid. 27. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 28. That the Public Works Department plan check and inspection fee be paid. 29. That any Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L. 30. 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. There shall be no construction storage or delivery of materials within the Jamboree Road or University Drive rights -of -way unless otherwise approved by the City Traffic Engineer. 31. That overhead utilities serving the site be undergrounded in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 32. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or startof any structural framing. " 33. That vehicular access be provided off of Jamboree Road at the Jamboree Road bridge to provide for County Flood Control access to San Diego Creek and Bonita Creek. The TO: Planning Commission -12. design of this access shall be approved by the county of Orange and the City Public Works Department. 34. That Lots A, B & C be privately owned, landscaped and maintained. Landscaping shall be installed. as described in the approved site plan. 35. That the future freeway ramp right-of-way on Jamboree Road be graded to future ramp grades as approved by the Public Works Department. 36. Prior to recordation the map shall be revised to delete the term "Vesting" and correct statistical errors and section labeling errors. Site Plan Review No, 70: Findings: 1. That the development of the project will not preclude implementation of specific General Plan objectives and policies if in accordance with the plans as modified by the condition for approval. 2. That the value of the property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features. Conditions: 1. That development shall be in substantial conformance with the approved conceptual grading plan, landscaping plan, site plan, floor plans and elevations, except as modified in the following conditions and those imposed on the Tentative Tract Map, 2. That a minimum of two parking spaces per dwelling unit be provided, plus two guest parking spaces per unit. Of the guest spaces, a minimum of one per unit shall be provided on -street or in commonly accessible parking bays. Compliance with this condition may require modification to the tentative map submitted, which may include the addition of a community recreation facility, or a reduction in the number of single family building sites. 3. That this site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01,070 K of the Newport Beach Municipal Code. F:Xwnunows\PLMNING\votna•MAYPonrn W&r—noc 4 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL BY THE CITY COUNCIL AN AMENDMENT THE PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE NORTH FORD PLANNED COMMUNITY (PLANNING COMMISSION AMENDMENT NO. 814) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and y WHEREAS, the proposed revisions to the Planned Community District Regulations are consistent with the Newport Beach General Plan; and WHEREAS, the proposed project meets the criteria of the Traffic Phasing Ordinance; and WHEREAS, pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment, therefore a Negative Declaration has been prepared. NOW, THEREFORE, BE IT RESOLVED that based upon the information contained in the Initial Study, comments received, and all related documents, the Planning Commission finds that there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Planning Commission finds that the Negative Declaration adequately addresses the potential environmental impacts of the project, satisfies all the requirements of CEQA, and reflects the independent judgment of the Planning Commission. The Negative Declaration was reviewed and considered prior to recommending approval of the project. bE- IT FURTHER RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend approval by the City Council an amendment to the North Ford Planned Community District Regulations and Development Plan as attached hereon as Exhibit 1. ADOPTED this _ day of January. 1995, by the following vote, to wit: AYES NOES ABSENT BY ANNE K. GHTORD CHAIItMAN BY GAROLD B.ADAMS SECRETARY Attachment: F—xWbit Iq 4 Exhibit 1 Amendment No. 814 Baypoint VIB.B.6. Parkin A minimum of�l 87 parking spaces shall be provided per unit, including one covered space. In addition, guest parking shall be provided within the development at a minimum rate of 0.5 space per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20-foot depth), in a manner acceptable to the City Traffic Engineer. CITY OF NEWPORT BEACH 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658.8915 NEGATIVE DECLARATION To: office of Planning and Research 1400 Tenth Street, Room 121 El Sacramento, CA 95814 County Clerk, County of Orange Public Services Division P.O. Box 838 Santa Ana, CA 92702 From: City of Newport Beach Planning Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658-8915 (Orange County) Date received for filing at OPR/County Clerk: Public reviewperlod December 2, 1994 - January 2, 1995 Name of Project: Baypoint (San Diego Creek South) Project Location: Jamboree Road/University Drive, Newport Beach Project Description: 300 Attached residential units on 18.6 acres Finding: Pursuant to the provisions of City Council Policy K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is attached. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision-maker(s) prior to final action on the proposed project. If a public hearing will be held to consider this project, a notice of the time and location is attached. Additional plans, studies and/or exhibits relating to the proposed project maybe available for public review. If you would like to examine these -materials, you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing willbe held, you are also invited to attend and testify as to the appropriateness of this document. or would like further information, please contact the un /dersigned . / Date % �t 4 Revised 4ry2 ' ". ' ENVIRONMENTAL CHECKLIST FORM 1. Project.Title: Baypoint (TTM 12309/SPR 72/A 814) 2. Lead Agency Name and Address: City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 3. Contact Person and Phone Number: Patricia Temple, Advance Planning Manager John Douglas, Environmental Coordinator (7.14) 644-3225 4. Project Location: City of Newport Beach, County of Orange, California 5. Project Sponsor's Name and Address: The Irvine Company 6. General Plan Designation: Multi -Family Residential 7. Zoning: P-C 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for it"s implementation. The proposed project is a Site Plan Review, Tentative Tract Map, and Planned Community Admendment for development of 300 attached residential units as provided by the 1992 Circulation Improvement and Open Space Agreement. 9. Surrounding Land Uses and Setting: (Briefly describe the projects surroundings.) N - San Diego Creek and vacant land E - Bonita Creek and the San Joaquin Hills Transportation Corridor S - University Drive, Bonita Creek Park and residential. W - Jamboree Road and Upper Newport Bay 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) U.S. Fish and Wildlife Service California Coastal Commission 1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: ` The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. XLand Use Planning ❑ Population & Housing ❑ Geological Problems ❑ Water XTransportation/ Circulation X Biological Resources ❑ Energy & Mineral Resources ❑ Hazards ❑ Public Services ❑ Utilities & Service Systems ❑ Aesthetics ❑ Cultural Resources ❑ Air Quality Noise ❑ Recreation ❑ Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ 2 I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, .including revisions or mitigation measures that are imposed upon the proposed project. Si nat re Printed Name Date EVALUATION OF ENVIRONMENTAL IMPACTS: I. LAND USE AND PLANNING. Would the proposal: . a) Conflict with general plan designa- tion or zoning? (source #(s): ) b) Conflict with applicable environ- mental plans or policies adopted by agen- cies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? ( ) d) Affect agricultural resources or operations (e.g. Impacts to soils or farmlands, or impacts from incompatible land uses)? ( ) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? ( ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e,g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially affordable housing? ( ) Potenllalty Signlfkant Potentially Unless slant kant Mfligallon Impact incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ C] ❑ ❑ ❑ ❑ 7 Lessthan Signilkant No Impact Impact X ❑ ❑ X ❑ X :5-1 4 r ,, III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) b) Seismic ground shaking( ) c) Seismic ground failure, including liquefaction? ( ) d) Sefche, tsunami, or volcanic hazard? ( ) e) Landslides or mudflows? ( ) f) Erosion, changes in topography or un- stable soil conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( ) h) Expansive soils? ( ) i) Unique geologic or physical features? ( ) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbid- ity)? ( ) d) Changes in the. amount of surface water In any water body? ( ' ) e) Changes in currents, or the course or direction of water movements? ( ) f) Change In the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ E g. Altered direction or rate of flow of groundwater? ( ) h. Impacts to groundwater quality? ( ) D Substantial reduction in the amount of groundwater otherwise available for public watersupplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? ( ) c) Alter air movement, moisture, or temp- erature, or cause any change in climate? d) Create objectionable odors? ( ) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in impacts to: a) Increased vehicle trips or traffic congestion? ( ) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or imcompatible uses (e.g. farm equipment? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d) Insufficient parking capacity on -site or off -site? e) Hazards or barriers for pedestrians or bicyclists? ( ) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ( ) g) Rail, waterbome or air traffic impacts? Significant ' potentially Unless Less than significant Mitigation Significant No Impact Incorporated Impact Impact X ❑ ❑ ❑ ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ �( ❑ ❑ X ❑ ❑ ❑ ❑ �( ❑ ❑ ❑ �( 13 13 13 A VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited plants, fish, insects, animals, and birds)? b) Locally designated species (e.g. heritage trees)? ( ) c) Locally designated natural communities (e.g. oak forest, 'coastal habitat, etc.)? ( ) d) Wetland habitat (e.g. marsh, riparian and vemal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) Vill. ENERGY & MINERAL RESOURCES Would the proposal: a) Conflict with adopted energy conserva- tion plans? ( ) b) Use non-renewable resources in a wasteful and inefficient manner? ( ) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the state? ( ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( ) b) Possible Interference with an emergency response plan or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health hazard? ( ) d) Exposure of people to existing sources of potential health hazards? ( ) Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ X ❑ ❑ ❑ ❑ PI\ ❑ ❑ ❑ �fl Potentially '. Significant Potentially Unless Less than significant Millgallon Slgniricaht No Impact Incorporated Impact Impact e) Development on or near a listed ❑ ❑ ❑ hazardous waste site pursuant to Govt. Code Sec. 65962.5? ( ) f) Increased fire hazard in areas with ❑ ❑ ❑ flammable brush, grass, or trees? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) ❑ ❑ ❑' b) Exposure of people to severe noise ❑ ❑ ❑ levels? ( ) Xi. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) ❑ ❑ ❑ b) Police protection? ( ) ❑ ❑ ❑ �( c) Schools? ( ) ❑ ❑ ❑ d) Maintenance of public facilities, ❑ ❑ ❑ including roads? ( ) e) Other governmental services? ( ) ❑ ❑ ❑ XII. UTILITIES & SERVICE SYSTEMS. Would the proposal -result in a need for new systems or supplies, or substantial alterations to the following utilities? a) Power or natural gas? ( ) ❑ ❑ ❑ b) Communications systems? ( ) ❑ ❑ ❑ c) Local or regional water treatment or ❑ ❑ ❑ distribution facilities? ( ) d) Sewer or septic tanks? ( ) ❑ ❑ ❑; e) Storm water drainage? ( ) ❑ ❑ ❑ n Solid waste disposal? ( ) ❑ ❑ ❑ g) Local or regional water supplies?( ) ❑ ❑ ❑ 8 10 •• Potentially significant Potentially Unless Less than significant Mitigation significant No Impact Incorporated Impact Impact XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic ❑ ❑ ❑ highway? ( ) b) Have a demonstrable negative ❑ ❑ ❑ aesthetic effect? ( ) c) Create light or glare? ( ) ❑ ❑ ❑ d) Affect a coastal bluff? ( ) ❑ ❑ ❑ XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) ❑ ❑ ❑� b) Disturb archaeological resources? ( ) ❑ ❑ ❑ c) Affect historical resources? ( ) ❑ ❑ ❑ d) Have the potential to cause a physical ❑ ❑ ❑� change which would affect unique ethnic or cultural values? ( ) e) Restrict existing religious or sacred ❑ ❑ ❑ uses within the potential impact area? ( ) XV, RECREATION. Would the proposal: a) Increase the demand for neighborhood ❑ ❑ ❑ or regional parks or other recreational facilities? ( ) b) Affect existing recreational p ❑ ❑ opportunities? ( ) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to ❑ ❑ ❑ degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory? 0 Potentially significant Potentially Unless Less than Significant Mitigation significant No Impact Incwporaled ..impact. Impact b) Does the project have the potential to ❑ ❑ ❑ achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are ❑ ❑ ❑ individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental ❑ ❑ ❑ effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII, EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration, Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis, c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. fAVV in\PlanningUMkDeptVRFORM 10 0 40 INITIAL STUDY BAYPOI14T INTRODUCTION Title of Proposal: Baypoint (TTM 12309/SPR 72/A 814) Project Applicant: The Irvine Company Lead Agency: City of Newport Beach Agency Address: P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 Agency Contact: Patricia Temple, Advance Planning Manager John Douglas, Environmental Coordinator (714) 644-3225 Project Location: City of Newport Beach, County of Orange, California Project Address: The site is bounded by Jamboree Road on the west, University Drive on the south, Bonita Creek on the east, and San Diego Creek on the north. Description of Project: The applicants are seeking approval of a site plan review and approval of a tentative subdivision map for construction of 300 attached residential units on 18.6 acres pursuant to the Planned Community District Regulations adopted in 1992. The project mix is 92 one -bedroom units and 208 two -bedroom units ranging in size from approximately 723 square feet to 1058 square feet. The proposal also includes an amendment to the North Ford Planned Community Regulations to reduce the resident parking standards from 2.0 spaces per unit to 1.87 spaces per unit. 6.1 INITIAL STUDY SAN DIEGO CREEK SOUTH ("BAYPOINT') ENVIRONMENTAL CHECKLIST EXPLANATIONS I. PROJECT HISTORY/PREVIOUS ENVIRONMENTAL DOCUMENTATION In 1992, the Circulation Improvement and Open Space Agreement (CIOSA Agreement) was approved by the Newport Beach City Council. The CIOSA Agreement vested entitlement for 11 sites consistent with the General Plan and in conformance with provisions of the Traffic Phasing Ordinance. The Agreement identified 152 acres of open space to be dedicated by The Irvine Company in fee to the City. The Agreement established the commitment and timing for certain circulation improvements and funding. The San Diego Creek South ("Baypoint") site was included in the CIOSA Agreement. The CIOSA Agreement provides for entitlement of 300 residential units on 18.6 acres with 2.4 acres of open space. Concurrent with review and approval of the CIOSA Agreement, the City of Newport Beach also reviewed and adopted revised Planned Community District Regulations for the North Ford Planned Community. The Planned Community District Regulations allow for 300 residential units on 18.6 acres. Permitted residential uses are townhouses, condominiums and apartments. A Program EIR was prepared in 1992 which addressed the potential impacts of implementing the CIOSA agreement which included development of this site. The Newport Beach City Council certified the Final Program EIR (State Clearinghouse # 91041017) on August 24, 1992. On September 14, 1992, the CIOSA Agreement, associated Planned Community District Regulations, and other related actions were approved. With these approvals the City Council also adopted a Statement of Findings and Facts and a Mitigation Monitoring Program. These documents are on file for public review during normal business hours at the City of Newport Beach Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, CA 92663. Subsequent to the City's approval, The Irvine Company and the City requested approval of the Agreement and related amendments to the Local Coastal Program, Land Use Plan by the California Coastal Commission. This approval was granted on June 10, 1994. The project applicant is now seeking approval of site plan review and a tentative tract map for a residential development comprised of 300 attached units. The project is described in the following sectign, II. PROJECT DESCRIPTION PROJECT LOCATION The Baypoint project site is bounded by Jamboree Road on the west, University Drive on the south, Bonita Creek on the east, and San Diego Creek on the north (see Exhibit 1). 2 bA r • w SAN DIEGO CREEK CHANNEL i•J'J•1J•j A:: "ems':' -► b .................... ........................ ............................. ................................................. 90 .................................................. ..................................... •................................. ............ Z- ................ .................................... Q� n Z Q .....:Y Lrf. O ................................................................ .......................................................... . ... ..... ................ ............ m ................................................................... W .................................................................... . III............................................................. Z o= ........................:::::::::::::::::::::::::::::::::.. cc Ix rc U RESIDENTIAL i OPEN SPACE Source: Vail Speck Associates SAN DIEGO CREEK SOUTH PC TEXT MAP CIRCULATION IMPROVEMENT. & OPEN SPACE AGREEMENT City of Newport Beach 1 PROJECT CHARACTERISTICS The applicants are seeking approval of a site plan review and tentative subdivision map for construction of 300 attached residential units on 18.6 acres pursuant to the amendment to the North Ford Planned Community District Regulations adopted in 1992. The proposal also includes an amendment to the North Ford Planned Community Regulations to reduce the resident parking standards from 2.0 spaces per unit to 1.87 spaces per unit. The residential units contain 1 or 2 bedrooms and are expected to range in size from 723 square feet to 1058 square feet. The concept site plan is provided in Exhibit 2. The landscape concept plan is provided in Exhibit 3. In addition to depicting the landscape concept for interior streets, perimeter landscaping, and the entrance landscape areas, the landscape concept plan also illustrates the design of the proposed wildlife habitat buffer along the Bonita Creek, San Diego Creek and Jamboree Road development edges. The landscape materials to be used along the setback areas include native and drought -tolerant vegetation. Exhibit 4 provides the concept grading plan for the site. q 4 lG STATISTICAL SUMMARY " 1111RNG TIe1M1RM SnF ACIFIGF v.as n N rtii .av 1 s.as -� o. mo s"n eEuow, couxr - -To LE EM it1 •�� `•'�•i �111-7i.�''s�—�1.11,1.!_L{_,•.. �bsn' , l J.. uil- I`� •�t�t�,'"�1�1�111ll��1'11l1,�1 l:'`��.-.:1�1?,�il �'�ii'r`'I1j1i11l11i1Il1'l�'i�•;"j•1.ir'„^,:—,.!fEc' Il I;I'1., 1i)I.'.,L/�`FiEl.f�ls.'l!l',ll' '11711] 1 yy a} 1i171111- 111 �l'�'�II'��•'}s `1 z1q1.l1Il�111]l'Itli.l4ldI ,'•�; `� . fiullntulll '111,[1•il�:;=' II i �_- �" J+•—. Y•Y, .. I.,.V •- a ' UNIVERSITY DRIVE LOT J �E Ili a F' ell /)/ 1 N 2Wc 5//CEI n'C^+ C-2 I I � Mla t i -4 5AN,00 4W, -M--- 66 I UNIVERSITY DRIVE 17. S, CK I. tuts.JIM . N5p In" pul IITTj ]Jill I -tit. j FR - !'Lllll IL 1771c, f �j 0,11 77 W1jj UNIVERSITY DRIVE 1 ��,w. f � � W R 11I. ENVIRONMENTAL EVALUATION PREVIOUS ENVIRONMENTAL DOCUMENTATION/INCORPORATION BY REFERENCE As discussed in Section I, Project History/Previous Environmental Documentation, a Final Program EIR (SCH # 91041017) was prepared and certified in 1992, which addressed the potential impacts of implementing the CIOSA Agreement, including vesting entitlement on the site, The 1992 Final CIOSA Program EIR also considered potential impacts associated with adoption of Planned Community District Regulations for the site. The Final Program EIR analyzed the potential impacts of developing the site based on the level of detail available in the Planned Community District Regulations and the CIOSA Agreement. The project applicant is now seeking approval of site plan review and a tentative tract map pursuant to the requirement of the CIOSA Agreement and adopted Planned Community District Regulations. An amendment to the Planned Community regulations is also proposed to modify the parking standards for the project. CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. The program EIR can: Provide the basis in an Initial Study for determining whether the later activity may have significant effects; Be incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives, and other factors that apply to the program as a whole; and/or • Focus an EIR on a subsequent project to permit discussion solely of new effects which had not been considered before. (CEQA Guidelines, Section 15168, subd.(c).) CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any Significant effects or, in the case of a mitigated negative declaration, no additional effects are identified which cannot be eliminated or reduced to a level of insignificance. (Guidelines, Section 15070. subd.(b) and 15153, subd,(c).) A program EIR specifically can be used for subsequent activities related to the project for which it was certified. If these activities have effects which were not examined in the program EIR, a new Initial Study should be prepared, leading to either an EIR or a Negative Declaration (Guidelines, Section 15168, subd. (c)(1)). This Initial Study incorporates by reference all portions of the Final Program EIR which apply to development of the San Diego Creek South site and related improvements. Each environmental issue section below provides a reference to section(s) of Final Program EIR 93 6 ^4 which pertain to the issue being analyzed. Where practical, a brief summary of the incorporated information is provided. The Final Program EIR is available for public review during normal business hours at the City of Newport Beach Planning Department at the address provided in Section I above. The following environmental evaluation focuses on determining whether there are any new impacts of the current proposed project which were not considered in the previous 1992 Final Program EIR. Where any new impacts are identified, either changes in the project and/or additional mitigation measures are proposed where necessary to reduce any new impacts to a level of insignificance. Previously adopted mitigation measures were also reviewed as necessary to determine if any modifications are necessary as a result of more detailed information regarding the proposed project and its potential impacts. A. LAND USE Environmental Evaluation - 1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Land Use. This discussion is found on pages 48 to 87 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on page 69, Volume I of the 1992 Final CIOSA Program EIR. The 1992 Final CIOSA Program EIR concluded that development on the Baypoint site pursuant to entitlements provided in the CIOSA Agreement would not conflict with adopted land use plans and policies or surrounding uses. Environmental' Evaluation - Baypoint project The proposed project is in conformance with the land use entitlements provided by the CIOSA Agreement. The proposed project is consistent with the assumptions used in the 1992-Final CIOSA Program EIR. The site plan and tentative tract map are consistent with the provisions of the Planned Community District Regulations and the CIOSA Agreement and Addendum. The 300 residential units are a permitted use under the District Regulations, Agreement, and General Plan. The proposed site plan meets all height and setback requirements established in the zoning regulations. During the development of detailed plans for the site, the U.S. Fish and Wildlife Service requested that increased setbacks be provided along the Bonita Creek, San Diego Creek and Jamboree Road frontages to reduce potential impacts to wildlife movement between Upper Newport Bay'and inland areas. In response to this request the applicant revised the site plan to increase the building setbacks in these areas as follows: 6y Jamboree Road frontage University Drive frontage Bonita Creek frontage Minimum Required Setback 25 feet 20 feet 15-foot contour Proposed Setback 70 feet average 36 feet average 50 feet from wetlands These increased setbacks, along with other mitigation measures described in the Biological Resources section, would ensure that no significant land use conflicts occur between the proposed residential use and wildlife habitat areas. B. AESTHETICS/LIGHT AND GLARE Environmental Evaluation - 1992 Final CIOSA ProPram EIR The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Aesthetics/Light and Glare. This discussion is found on pages 88 to 135 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on page 110, Volume I of the 1992 Final CIOSA Program )SIR. The 1992 Final Program EIR made the following conclusions regarding developing the Baypoint site pursuant to the CIOSA agreement: • No uses are expected to obstruct public views of a unique natural feature. • No uses are expected to obstruct public views of unique vistas. • The introduction of structures and landscaping will not be offensive to the community • Impacts from new sources of light and glare will not be significant, individually or cumulatively. Environmental Evaluation - BWoint prgject The site plan and tentative tract map are consistent with the provisions of the adopted Planned Community District Regulations and the CIOSA Agreement and Addendum. The density and character of the proposed development is consistent with the assumptions of the 1992 Final CIOSA Program EIR. No additional impacts not addressed in the Final EIR would be expected to occur. 10 - %64 C. TRANSPORTATION/CIRCULATION Environmental Evaluation - 1992 CIOSA Program EIR The 1992 Final CIOSA Program EIR, contains an environmental evaluation relating to Transportation/Circulation. A summary of the evaluation is found on pages 136 to 181 of Volume I of the 1992 Final CIOSA Program EIR. The traffic study prepared for the Program EIR is contained In Appendix B of Volume H with supplemental traffic data contained in Appendix A of Volume III. The criteria used in the evaluation of impacts are stated on pages 149 and 150, Volume I of the 1992 Final CIOSA Program EIR. The 1992 Final CIOSA Program EIR made the following conclusions regarding potential impacts associated with implementing the entire CIOSA agreement, which includes development of the Baypoint site: • Impacts on daily traffic volumes in the City of Newport Beach and the adjacent cities of Costa Mesa, Irvine, and Huntington Beach are considered insignificant. • No significant project -specific impacts related to the City of Newport Beach Circulation Element were identified. • The CIOSA project (including development of the Baypoint site) meets the requirements of the City's Traffic Phasing Ordinance (TPO) and the Congestion Management Program. • Implementation of development projects allowed under the CIOSA Agreement, in conjunction with other past, present, and reasonably foreseeable future projects, will impact peak hour traffic volumes. Implementation of standard City policies and mitigation measures contained in the 1992 Final CIOSA Program EIR will substantially lessen potential project -specific impacts to a level of insignificance. However, on a cumulative basis, the implementation of the entire CIOSA project has an incremental but measurable- contribution to several intersections in the John Wayne airport area which already exceed the City's ICU criteria with or without the project. The additional traffic generated by the entire CIOSA project combined with traffic generated by other past, present, and reasonably foreseeable future projects is viewed as a cumulative significant impact within the context of ongoing regional growth. • The project will not result in the alteration to waterborne, rail or air traffic. Mitigation measures 2 and 3 (see attached list of mitigation measures) were required with approval of the CIOSA project in 1992. Environmental Evaluation - Baypoint project Offsite Circulation System Impacts The traffic study prepared for the 1992 Final CIOSA Program EIR assumed the construction of 300 attached units on Baypoint site, which is consistent with the proposed project. All original mitigation measures related to circulation/transportation still apply. No additional mitigation measures are required. Offsite Circulation Improvements and Related Adopted Mitigation Measures The CIOSA Agreement was approved in 1992. Subsequent to approval, the applicant and the City of Newport Beach have cooperated in creating the implementing mechanisms for the Agreement. The financial obligations for circulation improvements under the CIOSA Agreement will be satisfied through the formation and implementation of a financing district to be called the CIOSA Implementation District. The formation and implementation of the district is in compliance with the CIOSA Agreement, and will be structured to allow the City to derive road funding benefits of the agreement in a timely manner with the development of the Irvine Company's property. The City will use its charter city powers to create the CIOSA Implementation District. Once the District has been established, bonds may be sold by the city on a phased basis with the start of construction of each of the properties. The Fair Share Fee payment will be included in the first bond series. Repayment of the bonds will be the obligation of the developed properties, over the life of the bonds. The City has adopted the umbrella financing ordinance which will allow the CIOSA implementation District to be established. Final formation of the District is anticipated to occur in early 1995. As part of the creation of the CIOSA Implementation District, the City will prepare a circulation improvement monitoring program pursuant to adopted Mitigation Measure 2 (see attached list of mitigation measures). Onsite Circulation/Parking The proposed site plan provides for a total of 710 parking spaces (2.37 spaces/unit). Of these, 560 are garages or open parking spaces for occupants (1.87 spaces/unit), and 150 are guest parking spaces (0.5 spaces/unit). The adopted Planned Community regulations require a minimum of 2.0 spaces per unit for resident parking and 0.5 spaces for guest parking. The applicant has requested an amendment to the PC regulations to allow a reduction from 2.0 to 1.87 spaces per unit for resident parking with no change to the guest parking ratio, In order to evaluate the potential impact that would result from the proposed amendment, a parking study was performed by a traffic engineering consultant under the direction of the City Traffic Engineer. The study concluded that the proposed parking ratio would provide 12 �a adequate on -site parking spaces to serve the development. The study was based on a comparison of similar developments taking into consideration unit sizes, bedroom counts, and whether spaces are assigned or unassigned. As a result of this study, no adverse impacts related to parking are expected as a result of the proposed modification to parking standards. No new mitigation measures are required. Copies of the parking study are available for review in the Planning Department during normal business hours. D. AIR RESOURCES Environmental Evaluation - 1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Air Resources. This discussion is found on pages 182 to 195 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on pages 185 and 188, Volume I of the 1992 Final CIOSA Program EIR. The 1992 Final CIOSA Program EIR made the following conclusions regarding implementing the CIOSA agreement, which included developing the Baypoint site: • Short-term impacts potentially resulting from construction activities are negligible and highly localized. These impacts will be mitigated to a level of insignificance with implementation of standard City policies and required mitigation measures. • Potential emissions resulting from mobile (vehicular) sources, combustion of natural gas, and the generation of electric energy will be mitigated to a level of insignificance with implementation of standard City policies and required mitigation measures. • The project -specific emissions, in conjunction with emissions generated from other past, present, and reasonably foreseeable future project emissions, will contribute to an impact on regional -air -quality. • The project will not create any objectionable odors. • The project will not alter air movement, moisture, or temperature, or result in any change in climate, either locally or regionally. Adopted mitigation measures 4 - 6, and 9 - 11 apply to development on the Baypoint site. Environmental Evaluation - Baypoint project The proposed project is consistent with the development approved previously, and there have been no substantial changes in the local or regional conditions that would change the conclusions of the 1992 Final CIOSA Program EIR. No additional mitigation measures are necessary. 13 .73 E. NOISE Environmental Evaluation - 1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to noise. This discussion is found on pages 196 to 235 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on pages 196 and 215, Volume I of the 1992 Final CIOSA Program EIR. The 1992 Final CIOSA Program EIR made the following conclusions regarding implementing the CIOSA agreement, which included developing the Baypoint site: • All short-term noise impacts resulting from construction activities will be mitigated to a level of insignificance. • Off -site noise impacts due to traffic generated by development allowed pursuant to the CIOSA agreement are not significant. • On -site noise levels related to traffic on Jamboree Road and University Drive will potentially exceed acceptable noise standards for residential uses. Standard City policies and required mitigation measures will reduce these impacts to a level of insignificance. • The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will not result in significant cumulative noise impacts. Adopted mitigation measures 12 and 14 (see attached list of mitigation measures) were required with approval of the CIOSA project in 1992 to mitigate noise impacts related to development on the Baypoint site. Environmental Evaluation - Baypoint project Assumptions related to future traffic volumes and related noise levels along Jamboree Road and University Drive remain the same as those contained in the 1992 Final CIOSA Program EIR. Noise levels are projected to be greater than 70 dB CNEL along Jamboree Road, and greater than 65 dB CNEL along University Drive. Residential units along these frontages will require mitigation as outlined in adopted mitigation measures 12 and 14. In addition, the San Joaquin Hills Transportation Corridor will pass along the northeasterly side of the site. Mitigation measures to reduce noise are required as part of the corridor construction, and no significant impacts on the Baypoint project are expected. The Planned Community regulations require that a noise study be submitted as part of the site plan review application to determine anticipated noise levels and recommend appropriate mitigation measures needed to meet applicable interior and exterior noise standards. This study has been submitted and reviewed, and the following additional mitigation measure will ensure that the recommendations contained in the noise study shall be incorporated into the final building plans for the project. 14 . 7" Prior to the issuance of any building permit the applicant shall demonstrate to the Building Department that all recommendations of the noise study have been incorporated into the design of the profect. Compliance with this mitigation measure would ensure that no additional significant noise impacts would occur. Copies of the noise study are available for review in the Planning Department during normal business hours. F. BIOLOGICAL RESOURCES Environmental Evaluation - 1992 Final CIOSA Program EIR The 1992 Final Program EIR, Volume I contains an environmental evaluation related to Biological Resources. This discussion is found on pages 236 to 270 of Volume I of the 1992 Final Program EIR. The criteria used in the evaluation of impacts are stated on page 253, Volume I of the 1992 Final Program EIR. Volume III of the 1992 Final Program EIR, which contains the Response to Comments and Addendum, also contains information related to biological resources and impacts. In particular, responses to comments received from the US Fish and Wildlife Service, California Department of Fish and Game, the California Native Plant Society, SPON, and Dr. Jan Vandersloot contain additional information related to biological impacts. The 1992 Final CIOSA Program EIR made the following conclusions regarding developing the Baypoint site pursuant to the CIOSA Agreement. • The site has been entirely graded and now supports ruderal vegetation. The loss of ruderal vegetation is not considered significant. • If •development were to encroach into the wetlands along Bonita Creek, a significant adverse impact to wildlife habitat would result. • Adverse impacts to the wildlife movement corridor along Bonita Creek and San Diego Creek could result from light and glare from the proposed development. • Mitigation measures 18 and 22 have been provided to avoid direct impacts to the wetlands along Bonita Creek and reduce the impacts associated with light and glare to a level that is not significant. • Implementation of the complete CIOSA Agreement (including development of the Baypoint site) contributes on an incremental level to an overall reduction in the general botanical and wildlife resources of the area through habitat loss, fragmentation of habitats, interruption of wildlife movement and a reduction of genetic exchange among wildlife populations in the area. This is considered a significant cumulative impact. Adopted mitigation measures 15, 16,18, 22-242 82 and 83 apply to development on the Upper Castaway site. 15 Environmental Evaluation - Baypoint project The development area and limits of grading are substantially the same of that assumed in the 1992 Final CIOSA Program EIR. During the final project design phase the U.S. Fish and Wildlife Service requested that the applicant increase the development setback along the Jamboree Road, San Diego Creek and Bonita Creek frontages to reduce potential impacts to wildlife movement. The proposed reduction in the off-street parking requirements is necessary to facilitate this increase in development setbacks and allow the development area to be rounded at the confluence of Bonita Creek and San Diego Creek, thereby enhancing the wildlife movement corridor at this location. The setback buffers have been increased as follows; Jamboree Road frontage University Drive frontage Bonita Creek frontage Minimum Required Setback 25 feet 20 feet 15-foot contour Proposed Setback 70 feet average 36 feet average 50feet from wetlands Mitigation Measure 22 addresses the reduction of light and glare into the Bonita Creek and San Diego Creek wildlife corridors. This can be accomplished through lighting design and landscape buffers. A preliminary landscape plan has been submitted as part of the Site Plan Review application. Prior to issuance of building permits, this preliminary plan will be refined to ensure that the objectives stated in the mitigation measure will be satisfied. In addition, subsequent to certification of the Final EIR it was determined that the proposed project would displace 2.35 acres of saltbush scrub habitat that is at least occasionally utilized by California gnatcatchers. Since the gnatcatcher is listed as a threatened species under the federal Endangered Species Act, the applicant will be required to obtain approval of an interim take as provided under the 4d Rule and the Natural Communities Conservation Planning Program (NCCP). The following additional mitigation measure would reduce potential impacts to a level that is not significant. Prior to issuance of any grading permit for property containing saltbush scrub habitat, the applicant Mall demonstrate to the Building Department that an interim Take of California gnatcatcher habitat has been approved by the U.S. Fish and ri d1ife Service. G. EARTH RESOURCES Environmental Evaluation - 1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Earth Resources. This discussion is found on pages 271 to 291 of Volume I of 16 ��, the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on page 278. Volume I of the 1992 Final CIOSA Program EIR. The 1992 Final CIOSA Program EIR made the following conclusions regarding development on the Baypoint site pursuant to the CIOSA agreement. The Baypoint site is potentially subject to significant adverse impacts related to faulting/seismicity, liquefaction, erosion, compressible/collapsible soil, expansive and corrosive soil, and near surface ground water. Implementation of required mitigation measures mitigate all impacts to a level of insignificance.. Adopted mitigation measures 27, 30 - 34, 36, 37, and 39 - 43 apply to development of the Baypoint site. Environmental Evaluation - Baypoint project The development area and limits of grading are substantially similar to that assumed in the 1992 Final CIOSA Program EIR. The density and type of development is also the same. A geotechnical study addressing those requirements set forth in the adopted mitigation measures has been completed and evaluated by the City Grading Engineer. The geotechnical study indicates that there is no new information which would alter the conclusions or mitigation measures contained in the 1992 Final CIOSA Program EIR. A. WATER RESOURCES Environmental Evaluation - 1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Water Resources. This discussion is found on pages 292 to 301 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on pages 295 and 296, Volume I of the 1992 Final CIOSA Program EIR. Additional discussion and analysis on water quality is contained in Volume III, Response to Comments and Addendum, pages 9-10, 57-59, 75-76, and 155-156. The 1992 Final CIOSA Program EIR made the following conclusions regarding development on the Baypoint site pursuant to the CIOSA agreement: The project will not create changes in deposition or erosion of beach sands, or change in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet, or lake. • The project will not alter the direction or rate of flow of ground waters. • The proposed'project will not change the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. 17 ,�`f • The project will not substantially reduce the amount of water otherwise available for public water supplies. • Subsequent to mitigation, the project will not result in significant short term impacts to water quality from construction -related sediment erosion. • Subsequent to mitigation, the project will not result in significant impacts due to increased drainage on an already inadequate drainage system. • Subsequent to mitigation, the proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will not have a significant short term impact on the water quality in Newport Bay due to sediment from construction. • Implementation of all development entitled in the CIOSA Agreement, in conjunction with other past, present, and reasonably foreseeable future projects, will have an incremental long-term impact on water quality in Newport Bay due to increased urban pollutants. Adopted mitigation measures 44 - 50 and 74 - 77 apply to development on the Baypoint site. Environmental Evaluation - Baypoint project Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program EIR. The location and limits of development are substantially the same as that assumed in the 1992 Final CIOSA Program EIR. The site plan, tentative tract map, and preliminary grading and drainage plans appropriately reflect issues raised in the 1992 Final CIOSA Program EIR. Adopted mitigation measures related to these issues will be met as required by the adopted mitigation monitoring plan. Review of the plans do not reveal any new potential adverse impacts related to water quality or erosion. I. HOUSING/POPULATION Environmental Evaluation - 1992 Final CIOSA Pro ram EIR The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Housing. This discussion is found on pages 302 to 311 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on pages 303, Volume I of the 1992 Final CIOSA Program EIR. The 1992 Final CIOSA Program EIR made the following conclusions regarding implementation at the CIOSA agreement. • The proposed project will not alter the location, distribution, density, or growth rate of the human population of the area. 18 �f • The proposed project will not significantly alter the location, distribution, and density at the City of Newport Beach housing stock. • The proposed project will meet the affordable housing goal and will not create a need for additional housing. • The proposed project will incrementally improve the City's jobs/housing ratio. • No significant cumulative impacts were identified. No mitigation measures were found necessary. Environmental Evaluation - Baypoint project The development as proposed is substantially similar to that assumed in the 1992 Final CIOSA Program EIR. Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program EIR. The applicant has indicated that the affordable housing requirement of 60 units (20%) may be met ofsite or offsite in existing apartment projects. This site may also provide affordable housing as required by other residential projects approved as part of CIOSA. Development of the project, as detailed in the proposed site plan and tentative map,will not create any significant, adverse impacts related to housing and population. No additional mitigation measures are necessary. J. CULTURAL RESOURCES Environmental Evaluation - 1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Cultural Resources. This discussion is found on pages 310 to 331 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on pages 316 - 317 (for archaeological resources) and page 329 (for paleontological resources), Volume I of the 1992 Final CIOSA Program EIR. The 1992 Final CIOSA Program EIR made the following conclusions regarding developing the Baypoint site pursuant to the CIOSA agreement. After mitigation, the proposed project will not result in significant adverse impacts to archaeological or paleontological resources. • The project will not result in an adverse physical or aesthetic effect on a prehistoric or historic building, structure, or object. The project does not have the potential to cause a physical change that would affect unique ethnic cultural values. 19 %F • The project will not restrict existing religious or sacred uses within the potential impact area. Adopted Mitigation Measures 51- 53 and 68 - 69 apply to development on the Baypoint site (see attached list of mitigation measures). Environmental Evaluation - Baypoint project The residential development area is substantially the same as that assumed in the 1992 Final CIOSA Program EIR. The limits of grading as shown on the preliminary grading plan will not cause any unanticipated impacts to known archaeological sites on site. The limits of grading as shown on the preliminary grading plan will not result in any significant adverse impacts to known paleontological sites. However, as discussed in the 1992 Final CIOSA Program EIR, the potential for impacting unknown, buried paleontological resources is possible. Such an impact could be a significant adverse impact. Adopted mitigation measures 68 - 69 will adequately mitigate any potential impacts to a level of insignificance. IL PUBLIC SERVICES AND UTILITIES Environmental Evaluation - 1992 Final CIOSA Program EIR The 1992 Final Program EIR, Volume I contains an environmental evaluation related to Public Services and Utilities. This discussion is found on pages 332 to 363 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on pages 346, Volume I of the 1992 Final CIOSA Program EIR. The 1992 Final CIOSA Program EIR made the following conclusions regarding the potential impacts of implementing the entire CIOSA agreement which includes development of the Baypoint site. • Project -specific impacts related to electricity, natural gas, library services, parks and recreation, telephone services, and waste disposal are considered insignificant. • Project -specific impacts related to schools, water, law enforcement and waste water can be mitigated to a level of insignificance with implementation of applicable City policies and requirements and mitigation measures contained in the program EIR. • Project -specific impacts related to providing adequate fire protection service to the Freeway Reservation and San Diego Creek South sites would be significant until construction of a new fire station serving North Newport. • Cumulative impacts related to all public services and utilities are considered insignificant. 20 Y10 The proposed project will not have an effect upon or result in the need for other governmental services. • The proposed project will not create a significant need for additional maintenance of public facilities. • The proposed project will not result in an impact upon the quality or quantity of existing recreational opportunities. Adopted Mitigation Measures 71 - 73 apply to development on the Baypoint site (see attached list of mitigation measures). Environmental Evaluation - Baypoint project Review of the proposed site plan and tentative snap confirms the conclusions of the 1992 Final CIOSA Program EIR. Development of the Baypoint site, as detailed' in the proposed site plan and tentative map, will not create any adverse impacts related to public services and utilities other than those analyzed and mitigated in the 1992 Final CIOSA Program EIR. Access to and from the residential development area is substantially similar to. that assumed in the 1992 analysis. Emergency access provided to the residential site is considered adequate by Newport Beach Fire Department and Public Works Department. L. HUMAN HEALTH/RISK OF UPSET Environmental Evaluation - 1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR made the following conclusions regarding implementation of the CIOSA agreement and development of the Upper Castaways site pursuant to the Planned Community District Regulations: • The proposed project will not involve a risk of an explosion or the release of hazardous substances in the event of an accident or upset conditions. The project will not interfere with an emergency response plan or an emergency evacuation,plan. • The project will not result in the exposure of people to potential health hazards. These conclusions were based on discussions contained in the March 29, 1991 Initial Study prepared for CIOSA agreement which was used to focus the Program EIR. The Initial Study was included in Volume II, Appendix A of the 1992 Final CIOSA Program EIR. Its conclusions related to Energy and Natural Resources were reiterated on pages 416 - 417 of Volume I of the 1992 Final Program EIR. 21 P/ Environmental Evaluation - Baypoint project Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program EIR. Development of the Baypoint site, as detailed in the proposed site plan andtentative map, will not create any significant adverse impacts related to human health or risk of upset. Access to and from the site is substantially similar to that assumed in the 1992 analysis. Existing and planned land uses surrounding and near to the site are the same as assumed in the 1992 analysis. There have been no substantial changes in the local or regional conditions that would change the conclusions of the 1992 Final CIOSA Program EIR. M. ENERGY/NATURAL RESOURCES Environmental Evaluation - 1992 Final C10SA Program E1R The 1992 Final CIOSA Program EIR made the following conclusions regarding implementation of the CIOSA agreement and development of the Baypoint site pursuant to the Planned Community District Regulations: • The project will not increase the rate of uses of any natural resources. • The project will not substantially deplete any non-renewable natural resource • The project will not result in the use of substantial amounts of fuel or energy. • The project will not substantially increase the demand upon existing sources or energy, or require the development of new sources of energy. These conclusions were based on discussions contained in the March 29,1991 Initial Study prepared for CIOSA agreement which was used to focus the Program EIR. The Initial Study was included in Volume II, Appendix A of the 1992 Final CIOSA Program EIR. Its conclusions related to Energy and Natural Resources were reiterated on pages 416 - 417 of Volume I of the 1992 Final Program EIR. Environmental Evaluation - Bavpoint project Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program EIR. Development of the site, as detailed in the proposed site plan and tentative map, will not create any significant adverse impacts related to energy/natural resources. There have been no substantial changes in local or regional conditions that would change the conclusions of the 1992 Final CIOSA Program EIR. 22 3 I•V. FINDINGS OF SIGNIFICANCE As discussed in Section III, CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. Among several uses the program EIR can provide the basis in an Initial Study for determining whether the later activity may have significant effects. (CEQA Guidelines, section 15168, subd.(d)) CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any significant effects or in the case of a mitigated negative declaration no effects which cannot be eliminated or reduced to a level of insignificance. (Guidelines, section 15070. subd.(b) and 15153, subd.(c)) This Initial Study analyzes the proposed site plan and tentative map for the Baypoint residential development based on information contained in the previously certified 1992 Final CIOSA Program EIR and any new information which has become available regarding the project. The assumptions and conclusions of the 1992 Final CIOSA Program EIR have been found to be valid and appropriate for use in evaluating the current proposal. The Initial Study has identified all relevant new information regarding environmental impacts, along with additional mitigation measures where appropriate, and has found that there are no new potential significant adverse impacts which cannot be eliminated or mitigated to a level of insignificance. Attac Mitig f.\...\JO Attachment 4 MITIGATION MONITORING PROGRAM SUMMARY CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timine of Responsible Mitintfon Measure Action Verification Verification Person Aestheties/lieht and Glare 1. In conjunction with site plan review, the project Condition of Plan check -'Prior to site; plan Planning Dept. proponent shall prepare a detailed temporary grading and land- Approval approval plan checker, PBS•- sape plan for the bluff top setback area for the purpose of R/Building/Public minimWng bluff erosion. If graded slopes from a development Works Depts. area extend into the bluff top setback area, as proposed by the PC Tear, the project proponent shall prepare detailed final grading and landscape plans for the bluff top =aback area. The plan shall be reviewed and approved by the Parks, Beaches and Recreation Department, Planning Department, Public Works Department, and Building Department. Transportation/Circulation 2 The City shall prepare a circulation improvement Condition of City Council Annual Public Works monitoring program to direct expenditures of funds received approval; pmpara- approval Director, Planning under the Development Agreement to make improvements and tion$review of Director to monitor the status of those improvements. The list of im- CNIP/GMP/DA provements.to be implemented shall initially be based on those - identified on Table V, with prioritmlion established based on technical need and ability to implement them in a timely man- ner, Fleaibffity to add or delete projects on the at should be maintained to respond to actual changes in traffic volumes and the ability of the City to accomplish improvements so long as the projected Net Benefit to the circulation system is main- tained. Tbereafter, a review of the improvemen& priority and implementation status shall be done in conjunction with the Citys annual Congestion Management Program and Growth Management Program analysis and the annual review of the - Development Agreement. 3. The applicant or successor in interest shall construct Condition of Plan check Prior to recordation Planning Dept. or post bond for all frontage improvements identified in the approval of Gnat subdivision plan checker, Sub - Development Agreement and listed in Table B of the Program map for each parcel division Engineer EIR. with improvements. . NI i INCORPORATED LIGHTING DESIGNERS - ELECTRICAL ENGINEERS August 31, 1995 Planning Department City of Newport Beach 3300 Newport Boulvard Newport Beach, CA 92659-1768 Re: Site Lighting - BAYPOINT APART12ENTS - Tract No. 14989 TO Whom It May Concern: This Letter is to confirm that on the above referenced project, and the areas adjacent to the wildlife corridor or residential properties were designed using the additional glare resistant shields or other devices to reduce as well as minimize spillage and glare into the corridor or adjacent properties. This lighting fixture is made for such cases and is not likely to cause substantial environmental damage and injuries to wildlife or their habitat. The lighting designs are acceptable under the Security Code for the most of the cities in Southern California. The following "MINIMUM" maintained illuminance horizontal lighting design proposed for multi -family dwelling area: Residential Walkways, Aisles 0.25 Footcandle Parking lots 1.00 pootcandle Thank you for your time and consideration in this matter. Sincerely, LDB INCORPORATED William Long Tran, P.E. REE #11453 Exp. 12-31-95 vice President J1 cc: Mr. Richard Lamprecht - IRVINE APARTMENT COMMUNITIES —, ,., �.� �.,.,. n�nr• ure• re eq<et . rei, 171A1 A149.11M - GAY: (714) 432-S736 Telephone: (714) 644-3200 By:Genia Garcia, Associate Planner Plan Check No: / / I—"1 57 t B -Christy Teague, Associate Planner By:Marc Myers, Associate Planner Date• Address Districting Map No. Corrections Required: Legal Description: Land Use Element Page No. Lot Block Section Tract Verify legal description with Public Works Covenant required. Please have owner's document and return to me. Lot Size Zone pG signature notarized on the attached No. of Units Allowed Proposed Maximum Buildable Area Lot Coverage Maximum Structural Area (Area including exterior walls, stairway(s) on one level and required parking). x buildable area. Proposed Structural Area: x buildable area. Provide tissue overlay of calculations verifying proposed square footage. Open Space Area cu.ft. (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in any direction (6'x 61x 61), and open on at least two sides, or one side and one end, unless otherwise specified in Zoning Code. Required Setbacks Front Rear Right Side Left Side Note: The following may not be permitted to encroach into required setback: Fireplaces Bay/Garden Windows Other Remarks: 1. Provide floor plan(s), fully dimensioned, showing all room uses. 2. Provide plot plan, fully dimensioned, showing: location of all buildings, and distance to property lines. distance from face of curb to front property line (verify with Public Works) second and third floor footprints (if applicable) all projections (i.e. fireplaces, bay windows), label distance(s) to PL(s) distance between buildings Height Limitation Measured from natural grade to mid -point of roof. Code allows an additional 510" to the peak of the ridge height. Allowable midpoint Allowable ridge height Dimension all elevations from natural grade to: Label natural grade and finished grade on all elevations. May be in Flood Hazard Area. Check with Building Department for minimum finish floor elevations. Remarks: <)yYie. 94 41� ovi S are d)r4*4/eA, -M-A avoro✓e6( si-i_ Plate+ Rewet,,1(s_-e6l*3) Ttirs_)'s a LAM as Cv�9 Rs i� G,L!!�Syl-+ pvf /a -)'Um S � Dv�✓ ove✓ l�� � I \,+ p!� 4P 1eAj, OZ.^ C+'t2 D J r.= �. l yn d✓C�D�Ia�� l4 n .0 -7 1 nVOn/ y Rewired Parkino: clear.inside minimum dimension 9'-4" s 19' single space 17'-6" x 19' two spaces 8' x 16' third/fourth space(s) Label clear inside dimensions of provided parking spaces Is demolition proposed? Number of units to be demolished �— Fairehare Contribution San Joaquin Hills Transportation Corridor Fee )Ilig— Park Dedication Fee SPECIAL APPROVAL REQUIRED THROUGH: Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blualine drawings Modifications Committees Indicate Approval No. on Plans Modification required for Planninc ,commission/City Councils_ Use Permits No. - variances No. f4iA�ovi vimv`esv-r1f'F. Resubdivision/Tracts No. Site Plan Review: No. — Amendment: �I No. other ,�- —.; . I L ' /(0) N ois& r(o o� �- �'D Publ c_/W rake r Lq $� n s Easement/Encroachment Permit PYW subdivision Engineer Traffic Engineer Approval of Landscape Plane significant Links R,++ldino Departments Grading Engineer Parks Department: Approval of Landscape Plans jGV�C�IIY+v; coastal Approval Rewired: Exempt, Because a�j J Categorical Exclusion No. (C.E.O.) Effective Date (Note: Building permits may be issued 10 days following issuance of J. C.E.O.) ����- S Approval In Concept (AIC) No. _ (Notes File 3 note of plans: site, floor, and elevations) waiver * . _ Effective bate Coastal Development Permit, No. Effective Date Miscellaneous 3. Chimney (and chimney caps etc.) heights permitted only as required by U.B.C. or manufacturer specifications plus additional 12" maximum for cap/spark arrestor. 4. NOTE ON PLANS: Poole, spas, walls, fences, patio covers and other freestanding structures require separate reviews and permits. 5. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, condi- tions and restrictions which may be recorded against the property or to obtain community association approval of plans. REMARKS: NOTE: it -in the responsibility of the applicant to.ciroulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644-3260. ' �,^,�o / G 5 i.,m1. �J PrOv(\d fC 3 f3e.P S P0RK$\RES•20N.CORRev. 2/94 ���1 d�v��, �la��►erg -,� fXI)IG �tld✓�s. a SHEET NUMBERjob S-1 OF SHEETS Prgj�° Director Chec*od By Dote -c'cc*,•a5or=o- iMS DOMW COKANS MVW WN PW AWETARr TO �l lZ P DEA'Sc ae K AND IS FLOW O N CON VD0 FOR U LWTD OF E AUMI MI. MAM KWN W DOaGW OR DS CONTMS WY NOT DC LW FOR ANY OUR AWOT MD WY NOT DF RF MtaD OR DKCLOSFD TO OURS MW U PROF hdM MWO OF U".W,, IASOV Q PARDM IC. ALL MM RF &G. CO'WtIOfO 1971 1,4 �R`1`✓.S�'1 1�..'F1 • fr ' • tT Fra�A , �YIJL fl�V �) `y- �f .F J ,.. e • e AA 5 t '�� ff�y�J����XS r�