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HomeMy WebLinkAboutCDP_005'WZ • COASTAL RESX�AL JP£VE'I.OFCOUNCIL POLICY P-1'�, CZTT OF NEWPORT BEACR n ■1 ■.. PLANKrNG DEPA ermz Tt CURRENT PLAbNING DIVISION 3300 Newport Boulevard Newport Beach, CA 92663 (714) 640-2218 or 640-2219 appAcation Rec'd by Fee: 5 %015V Ix, Applicant (Print) Gfeller Development Company. Inc. Phone 714/730-3760 Mailing Address 228 W. Main Street, Tustin, CA 92680 Property Owner Newport Mesa Unified School District mailing Address P. 0. Box 1368, Newport Beach, CA 92663 Phone 714/760-3500 Address of Property Involved C I"3179 lrc-Yf-- Legal description of Property Involved (if too long, attach separate sheet) See attachment Description of the Proposed Pro3ect The development of 41 residential units (SrV) to include four (4)_affordable units along with a .52 acre public open space._ area in old Corona del liar. Number of Units Forty-one (41 !E!!EElEErEtlfEElElElrrrElEEEwrRrrwrrrrrrwlr*wrfrrrtrrrrrrrrRrrrrrrwrrr}*wrrwrwwrrrww■www■■r Please attach a statement indicating the proposed selling price of the units, the anticipated cost of developing the proposed project and any other information that could affect the feasibility of providing low/moderate income units in con3unction with the proposed project. •EElEEwEE!!wElww!!!!■lrEwwwrEErrwrrrErr■rrrr■rwwwwwwr■■■rrrwrwrrrrwrrrr■s■ wrrrrrarrrrrr■rrr (I) {We} Cfeller Development Camp;Lny, Inc -if 11 depose and say that (I am) (we are) the owner(s) of the property(ies) involved in this application. (I) {tire) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signatures) Agent David B. Neish, Urban Assist, Inc. lK rE: An agent may sign for the owner if written authorisation from the record owner is filed with the applicant. DO NOT COMPLETE APPLICATION BELOW THIS LINE Date Filed 2- Q a Fee Pd. Receipt No.� Planning Director Action Date appeal P.C. Hearing P.C. Action Date I" - C.C. Hearinq Appeal C.C. action Date SG: nst s_.3o . 10:1! . Cla TL 12/14/82 Udiff Dev4rmnt Company Inc. 242 West Main Street • Tustin, Cali&rrnw li2680 (714) 730-3760 September 25, 1984 Ns Pat Temple CITY OF NEWPORT BEACH 3300 Newport Blvd Newport Beach, CA 92663 RE: Corona del Mar School Site Acoustical Analysis Dear Pat: Pursuant to our phone conversation today, please find enclosed copy of our revised Acoustical Analysis for the Corona del Par school site as well as a copy of our transmittal to you dated August 15, 1984. Please let us know as soon as possible whether this report has been approved. Thank you. Very truly yours, GFELLER DEVELOPMENT COMPANY* INC. i Germaine B. Guns Administrative Secretary /89 Enclosures 9 rRcc[tvtD FWnl 1 SEP28: arrow WW�if GCR .t.. �� asp •wt..,. 1S^M�.'.f,...:.'. �. .-...., -'.�. -r. y. F�n,�+.."�w,.yr�...�>: .. �,.�:..�.: .1tn.4�yrq,,,r .,�i i:::,::_. ..�. p..�'�� `" ..�- x' i��9'i�F.ro�'r' h>tr�+5:""-.„nan: ia:.!�a�r+ ti..+rtii►+. �.�wt�.�nr�:r�!•:iii..�!.w'^Y.,.« r.u, '� :.+.�i:sril.r,irs►{r • r,�r.,.l?.w��r S.. .yti.:K�'s•.�:.tr.. •(s.... s-.,...�R.'.. Gfeller Devdapment Company, Inc. 242 West Main Stint • Tustin, Californi4 92660 (714) 730-3760 September 13, 1984 Mr. Jim Hewicker CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 RE: Summer Wind - Corona del Mar Lear Jim: At a recent meeting you requested additional information concerning the gazebo/ information office we hopefully will be allowed to place on the future public park adjacent to Carnation Avenue in Corona del Mar. The gazebo will consist of a single structure of approximately 120 sq.ft. which will contain a desk, three chairs and miscellaneous graphic displays. On the exterior we plan on installing a small information sign with the name of the project (Summer Wind) and the hours the gazebo will be open. An adequate walking surface will be installed while the project construction is in progress. Upon receipt of the gazebo building permit, we plan on beginning construction which will occur concurrently with the grading operation. The gazebo will be operational prior to the completion of grading and public improvements. Landscaping of the park will commence while the gazebo is in place and will be completed upon its removal. The current schedule calls for completion of the model complex in January 1985. We understand and agree that the gazebo will be removed, the parking lot will be completed and operational concurrent with the occupancy of the model complex. If you have any further questions, please do not hesitate to call upon me. Very truly yours, GEELLER DEVELOPMENT COMPANY, INC. arren R. James Vice President Residential Projects i1NJ/gg 10 1 I =-Z i 4.1 .'tS••tt: t+:•:.s t�'•�t•�/. ` tb � } 1b � ss , , ttr/7w1„r♦^:!!,q's,eg �:i " l ^: vly r,t!', t. .r� 411 ;k• •A- i Sip° 14r"'"'r Art* Q& as .:1 14,E �. �.. a »�'!�'jr:,?=_^"h� .„r a ;-ih1. r ti Yk r•bet ., x e% v' 1 : -, * • igyx - . Y . �. ... - .. - Gfeller ment CmTarry Inc. 242 West Mein Street • Tustin, Cafifom4 92680 (714) 730-3760 August 15, 1984 Ms Pat Temple CITY OF NEWPORT BEACH 3300 Newport Blvd Newport Beach, CA 92663 RE: Corona del Mar School Site Acoustical Analysis Dear Pat: Pursuant to your request, enclosed is a revised Acoustical Analysis for the Corona del Mar school site which has been expanded to include an analysis of the noise generated on Second Avenue. If you require any additional information, please give me a call. Very truly yours, GFELLER DEVELOPMENT COMPANY, 111C. wa N. James e President Residential Projects WHJ/gg Enclosure _ r � r 'i�.H.r.:F%hrtiAetife �r�� _�r�r +a. f t .•say ' ::e .t4 , ti' ,� a:6*� c .�.� • �+ �x i+ ,ia fih-�r-%:+s P G,r?*. s�yM Zr;w.1 i«v a�.'►Y.w�syy,�gr s�xti 0 ACOUSTICAL ANALYSIS FOR CORONA DEL MAR ELEMENTARY SCHOOL SITE CARNATION & 4TH STREET CORONA DEL MAR Prepared for GFELLER DEVELOPMENT COMPANY, INC. 242 W. Main Street Tustin, CA 92680 Prepared By WOOD & ASSOCIATES 3800 Inlet Isle Corona del Mar (714) 759-8949 June 20, 1984 Revised August 6, 1984 • • ACOUSTICAL ANALYSIS - CORONA DEL MAR The following analysis has been prepared in compliance with Condition of Approval N35 for Gfeller Development Company, Inc.'s Carnation Avenue project. The proposed project, approved by the City of Newport (leach, consists of 36 single family dwellings with four attached (affordable) apartments between Carnation, Dahlia, 2nd and 4th Avenues within this community of Corona del Mar. Condition of Approval #35 requires submission of an acoustical analysis to ensure proper attenuation to achieve the required interior 45 CNEL level. This analysis involves developing noise contours emanating from the major noise sources in the immediate area, these being Carnation Avenue, Dahlia Avenue and Pacific Coast Highway. Once these contours are calculated, any mitigation measures necessary to achieve acceptable acoustical levels can be identified. Noise contours were developed for primary traffic routes within and adjacent to the project site. The calculations are in accordance with rethodology developed by the U.S. Department of Transportation -Federal ilig�rkay Administration ("FHWA Highway Traffic Noise Prediction Model". FHWA-RD-77-108, December 1978). The basis for these calculations are average daily traffic data, temporal distribution of traffic, percentage of light and heavy trucks, vehicle speed and roadway width and gradient. (see attached table). The result of these noise calculations are indicated in the table below. According to Rich Edmonston of City Staff, traffic counts have never been taken on Second Street. However, it can be safely assumed that average daily traffic volumes (the prime determinant of noise contour levels) on Second do not exceed and are likely to be significantly lower than traffic volumes (1030 ADT) on Dahlia Street. Predicted acoustical levels on Dahlia Street (the 65 CNEL contour extends only 22 feet from the roadway centerline) do not exceed acceptable levels. These noise contour calculations assume no physical attenuation measures such as walls, berms, etc. Such design factors can, however, cause a significant reduction in afrbient noise levels. Roadway PREDICTED NOISE CONTOURS Distance from Centerline to: (feet) 60 CNEL 65 CNEL 70 CNEL Carnation Avenue 44 30 20 Dahlia Avenue 32 22 15 Second Avenue 32 22 15 Pacific Coast Highway 440 225 110 As indicated in the table above, the 65 CNEL noise contours do not extend significantly beyond the curb of either Carnation, Dahlia, or 2nd Avenues to cause excessive exterior (or interior) noise levels. (10 feet beyond ultimate curb in Carnation and 7 feet beyond curb on Dahlia and 2nd Avenue.) Noise contours emanation from Pacific Coast Highway extend onto the subject property (65 CHEL extends onto approximately 115 feet of the subject property.) However, approved plans for development indicate the provision of a park and parking lot at the extreme northern end of the property separatino the futurt, residences from Pacific Coast Highway by an additional 160 feet. As such, the 65 CNEL contour lies outside any proposed residence. In addition, the northernmost residential lots will have a 6 foot barrier wall separating the future homes from the proposed park or parking lot. This will significantly reduce ambient noise emanation from Pacific Coast Highway. In summary, as a result of the detailed noise calculations noted above, no future residences within the proposed project will be exposed to exterior noise levels exceeding 65 CNEL. Given that normal construction provides a 20 dB(A) reduction from exterior to interior noise levels, it appears that interior levels of 45 CNEL can be achieved for the subject project as currently proposed without additional mitigation treasures. UOISE DATA ASSUMPTIO14S Carnation Avenue (Between 3rd and 4th Streets): Average Daily Traffic: 1,600 ADT Percentage of Heavy Trucks and Busses: 4% Vehicle Speed: 30 mph Roadway width: 35 feet (ultimate) Roadway Gradient: less than 2% Dahlia Street (Between 3rd and 4th Streets): Average Daily Traffic: 1,050 ADT Percentage of Heavy Trucks and Busses: 0-2% Vehicle Speed: 30 trph Roadway width: 30 feet Roadway Gradient: less than 2% Second Avenue (Between Dahlia and Carnation) Average Daily Traffic: Less than 1,050 ADT Percentage of Heavy Trucks and Busses: 0-2% Vehicle Speed: 30 mph Roadway Width: 30 feet Roadway Gradient: less than 2" Pacific Coast Hightay (At Dahlia, 110' from property) Average Daily Traffic: 40,000 AFT Percentage of Heavy Trucks and Busses: 2% Vehicle Speed: 40 rph Roadway Width: 76 feet Roadway Gradient: less than 2%. -2- .fi :.:✓ _^# rfr" fi s Y.. f _ e l,..i 4 �`tit•5 r-7.r- Pill AR Gfeller Die opment Comparry, Inc. 242 West Main 50M • Tuaim Caldomla 92680 (714) 730-3760 August 7, 1984 Mr. Jim Hewicker Planning Director CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 RE: Corona del Mar School Site Dear Mr. Hewicker: Pursuant to Condition No. 33 of the Planned Community Development Standards for Corona del Mar Homes Ordinance No. 84-7 adopted by the City of Newport Beach on March 26, 1984, permittee hereby agrees and does waive the provisions of AB 952 related to City of Newport Beach responsibilities for mitigation of archaeological impacts. Very truly yours. GFELLER DEVELOPMENT COMPANY, INC. $ 44-�� en H. James Ice President Residential Projects I99 . r.� u3�'• .. .. ...r .er �' RE�YLD M+t s AUGUcrmof � • caw -`+'•. ' -'y L.x:.0 tea.. rt,.. .� �,.�. rp•T.rM � yi},r a=.y •,+ i'�I ,Qi,S r — .. 1 .i•I>,'s� •.�,ii �r.. .,. frts�P :. Y>.u• •%ef .v^S •yi �il� '�r "`• .� �� 4y. { !fit +�t(y��.��y ����q"'1t ,.� �.��.-e .�:,x•� a.�}::�,r � ••e;+" • i. ��r! ., �4, _. _ �. �. �,.• . �3� (b�r�+N�:Wa °;�E'�1� wr�i�i`.'%�7• f'+2�'�.'��.��'•li +q f�ha' � 1+y �"s'c Ri' i.ry.�+FrS��9 /e �wtll..�wt0..�{ dr`;�i ++a�1h F!�yJ.ylq�kiitM�in'%r+'s' �,' }+l-n�nPiwrM d, �:��'�• '�" "� CITY OF NEWPORT BEACII PWINING DEPARTmEnT July 20, 1964 TO% W. W. Ward, Senior Planner FROM: J. D. Hewicker, Planning Director SUBJECT: TemporarZ Sales Facility for Gfeller Develor-m-ent Co. Here is my summary of the steps required pursuant to thu neeting of July 19, 1984. 1. Gfeller posts bonds for replacement of public improvements, including sidewalks, curbs and gutters. 2. School is demolished along with fencing, curb, gutter and sidewalk. If work is done by School District, permit may not be required. Gfeller to check with Building Department. 3. Grading Plan approved by Building Department with concurrence of Public Works Department. 4. Parking Lot Plan approved by Public Works. 5► Grading Permit issued. 6. Park Plan, including plan for temporary sales facility, approved by PB4R Department and Planning Department. 7. MID•StPTEMBEP. - Permit issued for temporary sales facility by Planning and Building Departments. (Check on need for pouting a bond to guarantee removal.) I1. MID-JANUARY - Temporary sales facility removed. 9. MID-FEBRUARY - Park dedicated to City. IES 1iI•lICKEIt annin• Director JDII/kk JDHIII cc: Bill I.aycock, Tracy Willi=a CORONA DEL MAR HOMES Planned Community D1striet Regulations Mii rc h 26, 19114 Planned Community Development Standards for Corona del alar Homes Ordinance No. 84-7 adopted by the City of Newport Boac:h, March 26. 1984. 0 • TABLE OF CONTENTS Page INTRODUCTION I LAND USE PLAN 2 SECTION I - STATISTICAL. ANALYSIS .i SECTION 11 - GENERAL a SE?("rIOS III - GENERAL NOTES 6 SErrlOS IV - DEFINITION'S 11 SECTION' V - RES I DFN'rI AI. AREA 12 Sub -Section A - Uses Permitted 12 Sub -Section U - Development Standards 12 SECTION VI - SIGNS 14 Sub -Section A - Permanent Signs 14 Sub -Section B - Temporary Signs H INTRODUCTION Thc• Corona del liar Homes Manned Community District for the City of Newport H aeh is in conformance with the Newport Beach General Plan. Thc• purpoHe of this Plannf:ti Corrinunity (PC) District is to pruviciea for the zoning classification and development of the subject property in accordance with the development standards set forth tic -rein. The Corona del Mar Homes Planned Community District Regulations consist of one classification of land use. The land use will be residential, utilizing it character of single family and duplex housing Lyres, architecture and donsity, and other coi munity facilities compatible therewith. FI .• E2 EzC►TYl��� D Q� �Etirf?a � ll.H p9p DEVELOPMENT PLAN �_Mmft._ -NfRp ml� CMM ml, 1159 "1 o K f SITE PLAN socni.� 7p SECTION I - STATISTICAL ANALYSIS Corona de-1 Slur Homes Planned Community Parcel Mapl Buildable T�—Pc Area Net Acres Acres Residential 228,000 4.07 ac. 3.1 Units Sq. ft. (177,289.2 (135,700 Sq. ft. ) su. ft. IDofined as aroa within property boundaries. Max imum D----. U 40 unit r, 2Uefined us th+s entire site within the project boundary excludinst streets, park dr.-dication , areas with ex sting slopon y,reater I111m 1, and natural floodplain. Density Dwelling Units per Buildable_ Acre: 12.0 units per buildable a(srcr -41- ■ r SECTION I1 - GENERAL Location The Corona del Mar Homes Planned Community encomr}arinvn 5.234 gross Acres in the City of Newport Beach. The Planw"I (Nmaunity is bounded by Carnation, Dahlia, Second and Fourth Strovtn within the community of Corona del Mar. Land Uses The Corona del Mar Home; Planned Community is designated for residential development and public open space. E -i- SECTION III - GENERAL, NOTES 1. Water Service to tiro Planned Community District will be provided by the City of Newport Beach. `?. Sewage disposal service facilities to the Pluc+n"d CcKrmunity will be provided by the City of Newport Beach, Ortrngs! County Sanitation District No. 5. 3. Development of the subject property will be unflortaken in accordance with the flood protection pol icieri and rcrquirc:ments of the City of Newport Beach. 4. Grading: and eroHion control shall be carried out in accordance with the provisions of the City of %o--wport Flea(., Grading Ordinance and shall be subject to permits sssuvd by the Building, and Planning Departments. 5. Except its otherwise stated in this; Planned Community text, the requirements of the Newport Beach 'Zoning Ordirrirrr(- shut! apply. The contents of this text notwithstanding, all cons;t ruct torn within the Planned Communit; boundaries shall comply with all provisions of the Uniform Building Code and the various mechanical codes related thereto and other related specification and standard drawings for Public Works construction. G. Greenhouse windows and other architectural features; judged to be similar by the Planning Director may extond one (1) toot Into sideyard setback area. 7. That a minimum of ten percent (10',*V) of the unites to be developed in conjunction with the proposed project shall be "affordable units", selling for no more than three times County Ifedian income, or renting for no more than thirty percent (30%) of the County Median income at the time of occupancy. 8. That the affordable nature of the units shall be guaranteed for it period of 10 years. J. That prior to issuance of building permits, sin agreement shall be executed that guarantees the provision of "affordable units" on -site. Said agreement shall be reviewed by the Planning Director and City Attornc.y's office, and approved by the City Council. 10. That the agreement shall include it provision that the occupancy of the affordable units be phased with the occupancy of the market rate units. -6- 11. That all improvements be constructed as required by ordinance or the Public Works Department. 12. That an agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improve- ments if it is desired to obtain a building permit prior to completion of the public improvements. 13. That each dwelling; unit be served with an individual water service and Hewer lateral connection to the public wati,r• rrrscl sewer systems unless otherwise approved by the Public Workn Department. 14. That plan check and inspection fees l)e paid as requirmi ror subdivision improvements. 15. That 10-foot-radius corner cutoffs be dedicated to thc, public at the corners of Fourth Street and Carnation Avenue, Fourth Street and Dahlia Avenue, Second Street and Carnation Avenue. and Second Street and Dahlia Avenue. 16. That landscape plans shall too subject to revir.0 land appr(ival of the Parks, Beaches and Recreation Department and Public Works Department, and that these plans shall provide for adequate sight distance at street and alley intvrF:ec;tions. 17. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed elvil engineer. 18. That a hydrology and hydraulic study be prepared 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 issuance of any grading or building permits. 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. 19. That a 20-foot width of alley right of way between Carnation Avenue and Dahlia avenue be dedicated to the City. with the exact location to be approved by the Public Works Department, and that the alley right of way be improved to current alley standards with the design to be approved by the Public: Works Department. 20. That all vehicular access to the development be: from the proposed alley. 21. That the curb, gutter and sidewalk be reconstructed along the Carnation Avenue, Dahlia Avenue, Fourth Street and Second -7- • • Street frontage and that the existing street trees Inj root pruned, or removed and replanted as required by the Parks, Beaches and Recreation Department. 22. Sight distances at all intersections including ttlleyn nhall be approved by the Public Works Department and Traf fie Engineer. 23, Devc:lojxnent of the site shall be subject to a grading permit to be issued by the Building Department and reviewu(l l)y the Planning and Public works Departments. 24. A grading plan, submitted to the City for approval, shall include► a complete plan for temporary and permanent drainagF, far ;hies, to minimize any potential impacts from silt, d(.-bris;, ana c,ther water pollutants. 25. Prior to grading, an uppl icatlon for haul router; sahal 1 1w submitted to and approved by the Ci ty's Truffle Eng inep;r wh i c it shall include a description of haul route:, accost, points tii the site, anti a watering and sweeping program dessigned to minimize impacts of haul operations. 26. Grading shall be conducted in accordance with plans prupitrcici by a civil engineer and based on recommendations of a soilti engineer and an engineering geologist subsequent to completion of a comprehensive soils and geologic investigation of the site. Permanent reproducible copies of the proposed grading plans on :standard -size sheets shall be furnished to the Building Department. 27. An erosion, siltation, and dust control plan, if desired by the City of Newport Beach, shall be submitted and be subject to the approval of the Building Department, and it copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region, for review. 28. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as; part of project design. 29. Prior to issuances of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in a manner to assure that Increased peak flows from the project will not increase erosion immediately downstream of the system. This shall be reviewed and approved by the Planning and Building Departments. -8- 30. A qualified archaeologist shall be present during pregrado meetings to inform the developer and grading contractor of this results of the APC study. In addition. an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 4K hours to assess thfr signs ric-ance of the finds. 31. In the event that significant archaeological remainna rs, uncovered during excavation and/or grading, all work Fihull stop in that area of the subject property until an appropriate data recovery program can be developed and implementeri. The cost of such a program shall be the responsibility of thy! landowner and/or developer. 32. A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform inspections during; development. The pale+ontologist shall he allowed to divert, direct, or halt grading in a ripccif is arf,u to allow for salvage of exposf.d fossil matt-rials. 33. Prier to issuance of any grading; or ciemolitiun pc-rmits, the applicant shall waive the provisions of AB 952 related to City of Newport Beach responsibilities for mitigation of arch-toologi- cal impacts, in a manner acceptable to the City Attorney. 33. All development shall be designed to eliminate light and glare spillage on adjacent properties. 34. The project shall contribute to the "fair -share►" of future circulation system improvements and noise wall funds. In lieu of a monetary contribution the applicant Khall dedicato the public open space area and improve said area with a public park and parking lot facility to the satisfaction of the• City. These improvements shall include: final grading, preparation of final working drawings for all irrigation and landscaping, soil preparation, curbs, gutters, axphalt, striping, irrigation, installation of grass. trees and shrubs. In no event shall the cost of improvements to the park exceed $10,000. 35. Prior to issuance of a building permit, the project applicant shall submit a detailed acoustical analysis of each proposed structure to ensure that attenuation to the.► required interior 45 CNEL level is achieved. 36. The Fire Department shall review design plans to ensure adequate access to all structures. lM • • 38. The provision of adequate fire flow shall be revl9wed by the Fire Department. 39. prior to construction of any project, the availsaillity of water and sewer shall be verified by the servinV regency, •10. The: final design of the project shall Provider 1"p Incorporation of water -saving devices for project lavatories and other water -using facilities. 41. prior to the issuance of any building tend/or grading permits all on -site water mains and firer hydrant, locat ionn if needed are to be provided as approved by the Fire and fluid It; Works Departments. 13. That notwithstanding any provision of this teat the develop- ment on any individual lot shall not exceed 1.5 t imeq the buildable area of tho lot. •1:1. That five (5) feet of additional right-of-wky to, dedieated to thv City along the, easterly side of CUMUtion Avonue Otwe pn Second Avenue: and Fourth Avenue for t;1 reritt rind h lt;hway purp,JNVS so that Carnation Avenue will have re <i;", 1'„nt right-of-way width. SECTION IV - DEFINITIONS The following definitions shall apply to the develope.,,111 nt the Planned Community. 1. Buildable Acreage shall meson the entire site as-va within the project boundary excluding streets, park cimlic-ation, areas with existing natural slopes greater than 2,1, and natural floodplains. 2. Conventional Subdivision on a Planned Cosumtittity Concept shall mean it conventional subdivision of detached dw(Alings and their accessory structures an individual lotrs where thcr lot size may be less than the required averare for the district but where the density for the ontiry t;ssi,clivisJon meets the required standards and where open !31,avo areas are provided for the enhancement and ut i 1 irat ioii ()i 11m overall development, -11- • • SECTION V - RESIDE►fTIAL AREA These areas are intended to provide residential houning and related community facilities. A. Uses [permitted 1. Single fiuni ly dwellings detached. 2. Conventional subdivisions on a Planned Co=unity Cones-pt, as defined in Section IV, Definitions. 3. Custom Lots •1. Condom i n i urns 5. Temporary model complex .and appurtenant utir•t; (s�ut�,jr:� � tcf Planning Director :and Public: Works Director appro..'rai ). 6. Duplexes, (maximum 4 total unit;) 7. Signs (as provided in Section VI of this Planned Community text). B. Development Standards I. Maximum lie i *ht Limits a. As set forth in Newport poach Municipal Code 24/28 Height Limitations District. b. Chimneys and vents shall be permitted an set forth in Section 20.02.060 of the Municipal Code. 2. Setbacks, from Proporty Line and Structures It. Front Yard 15' on Dahlia, 10' on Carnation b. Side Yard Less than 40' width 3 Greater than 40' width .1. c. Rear yard 23' d. Setbacks shall be measured from property line. o. Eaves may extend 2j feet into the required front yard setback. -]2- f. Two car garages with direct access shall tie qvt back 21j feet from the 20 foot alley ear3r�ont. 3. Fences, Hedges and Walls Fences shall be limited to a maximum height rrr calx (6) feet and shall not be allowed above 3 feet It, 1.1m front setback or setbacks adjacent to the alley. 4. Trellis Open trellis and beam construction shall bt• pv rrn l t t ed to attach to the garage or the dwelling f:tr�ir.t,ureJ. Trellis in setback area may extend from the garage or the dwelling structure to the property line if they are open nr, three s/i�des. In side yards, the maximum height :shall ho nine (`') feet. Trel1 is areas shall not be considered in c�rlri+i;rt int; lr,; area coverage?; t re 1 l i N areas in the s i ttel, r•rl F=ha 1 1 not �_xceed 250 sq, ; t. Ire11is and beam construction shall l,e. s<, el��„Ii;nr�ci ati to provide a minimum of 50 percent of the totztl t r,!11 is arE•a as open space for the: penetration of light UhA air to they covi--red area. S. Parkin A ninimum of 3.0 parking spaces per single family detached dwelling unit shall be required of which a minimtrrn of txo will be covered. The third parking space will be considered guest parking. A minimurn of 2.0 parking "prices per single family attached unit shall be required, at least one of which will be covered. 0. Own Sp -ace Open space shall be provided as designated to Section 20.11.040 of the Newport Beach Municipal Code for single family homes And Section 20.15.080 for duplexes. -13- SECTION VI - SIGNS/RESIDENTIAL, AREA A. Permanent Signs I. !Miscellaneous Directiona] Informational Si}�nrs Directional/Informational Signs. Such as but Igo-,t limited to "right turn only". "exit", "entrancw'. etc., shall be permitted. Said signs shall be kept to a minimum and shall be df--signeci as a coordinated part of the overall project. Each sign shall not exceed four (4) square feet of siltn area. 11. Temporary SI -ns (Prior to and durin;; construction) 1. Future Facility Signs A sign which informs the vie c�r, through graphics slrnbc,l and verbal reinforcements, of thd• type of iaciiitr planned for the site. 2. Merchandising signs A sign which informs the viewer, through graphic symbol and verbal reinforcement, of the facility name, opening; date, type of occupancy, owner -developer, and phone number for sales information. -14- Gfeller Development Company, Inc. - r 226 West 4tam Street • Tustin, Cahia m w 1)I6Ho 17141 730.3760 January 18, 1984 Mr. Bob Gabriel City Attorney's Office CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 RE: Corona del Mar School Site Dear Mr. Gabriel: Pursuant to your conversation with Dennis O'Neil, I am forwarding pertinent information from the Newport Mesa Unified School District. This material provides pertinent background relative to the District's notification of sale of the Corona del Mar elementary school property. Of particular relevance is the Waiver Request (dated December 10, 1982) which conforms to Section 39363.5 of the Education Code. I hope this material assists you in consideration of this matter, Please don't hesitate to contact me if you have any questions or comments. Very truly yours, GFELLER DEVELOPMENT COMPANY, INC. Z10114e dw�' Doug as good Project Manager DN/gg Enclosure cc: Mr. Dave Neish Mr. Dennis O'Neil •t�/:,Pe1fYWY.k..�'. w�;•.s�•,'.if.i, ..•ti•-�C�wr.SM.��.tir�ttr�+ i.....n ;. ti!�i��.�.a�F; I+.� � :: .'{ � i : Ali �i•rw..� � h�l.� i a. • • C.t'ELLEH UCVLL0PML14T COMPA14Y , I14C . 114TER011ICE MEMURAUDUM TO: Doug G. FROM : Doug W. DATE: October 20, i 783 SUBjEC1,: Meeting with Ray Schnierer Newport Mesa Unified School District The following infontlation was provided at this afternoon's meeting with Ray Schnierer of the Newport -Mesa Unified School District. 1) The first offering of the Corona del Mar school site property was for lease. Although no formal notification was necessary, the District proceeded with all required notification procedures (see attached newspaper public notice and negative declaration). It was several of these unrequired notices that were misplaced by the District in the moving of District offices. In addition, verbal notification was given to the City (Jackie Heather, then Mayor, and Ron Whitely, Director of P rks and Recreation) that the property was available for use as a possible recreation center or adult education center (see attached newspaper article). 2) At the tine of consideration of sale of the property, the School District chose to obtain a waiver from the required "advertising -notification -bid - auction" process as stipulated in the Education Code. This waiver was granted by the State Board of Education effective on January 14, 1983. (see attached cover letter from the State Board of Education and waiver). 3) This waiver relieves the. District from various sections of the Education Code which require the formal notification process typical to the sale of School District properties (see Section 39363.5 as attached). This waiver is effective through December 26, 1983. According to Ray, once the District has entered into escrow prior to this date, the notification process is no longer necessary and the waiver does not need to be extended. 4) Ray prepared a suasive ry memorandua of this process (dated 10-14-83) and is attached. Du/gg cc: Mr. Dave Heish, Urban Assist, Inc. IMPORT-MM UNIFIM SCHOOL DIOICT S MEMORANDUM TO: Dr. John W. Nicoll FROM: Raymond R. Schnierer DATE: 101/4/8] SUBJECT: Sate of Corona del Mar Elementary The Board of Education at its regular meeting of January 27, 1981 voted to close Corona del Mar Elementary and Rea Middle Schools. The then Education Code and CEQA requirements were followed with all necessary and mandated notifications taking place. Copies of the correspondence making the notifications cannot be located, however, there are memos and other correspondence, includin a certification from the Deily Pilot that advertising did take place and CEQA filing was made with the County Clerk. If anyone stated that an inability to produce copies of the letters constituted non-compliance, this is taken fare of by Education Code Section 39400 which states, "Failure by the school district to comply with the provisions oi this article shall not invalidate the transfer or conveyance of real property to a purchaser or encum- brance of value." On December 7, 1982 the Newport -Mesa Unified School Distorict filed a Waiver Request with the State Board of Education. This waiver was granted at its January meeting and is good for the period January 14, 1983 to December 26, 1983. We requested the waiver of five sections, one of which was Education Code Section 39363.5 which contains the mandatory notification process and lists the several agencies. In granting the waiver of this section we were also exempted fxom complying with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1, of Division 2 of Title 5 of the Government Code which contains similar notification procedures. Education Code Section 39382 also would obtain and it contains identifical "failure to comply- wording as spelled out in Education Code Section 39400 as previously quoted. If further information is required, please let me know. R. R. S. RRS:rk I 'MUCATION CODE atwf We to prvride for as OK& wttbm 11W pfvperttea to r ► dc"top war Um w be .,.Gh tubtretwns. ,hal1 atw) a cage of such. to 6M ear /rI -isly b .ul►tttoel 1h.aU bspergrblubad ill dturtd sWt eetael «!pica t money theta 30 days aka *dI lik k h.t�hem a to be erictary Under any dwd ar a peo nde (Cie an w0pubte .Ms. aordommun wets to a apprartal the swrtwo. a1 rtth the corn) recorder Celt pun"" to ""Am InekTaWtat Un Aau it Oro t lien rhea! has prsrior&ly :r%elopntatt lift which had 'n.ttt of the lien puawaat b zataal useful life of the tits _r;hur Slrtstnert, may be .cb'am at a rate wx mom .unt In no (vest than the Ian Any eanuact foe tie -►:a prwr to April 22. 1973. 4 dtferrrd payteteats w as purchaw ax"T. 00tiNR wurad Aaaacul nall"auul. u►o data of she raw uuu s Ilia ale. _ .►e a►aae►. agrl w *a of ,...��. art ut = w wod a s &lull be cud fw CWW .erntnl bond of the Xbod xocaads may be Iapoww JS 1,ttrxl Ao.auM twud SW Nod now foe adda"Al ear apt, aril the dtwlet 1610 M ecuee S"Unier 34 Ion. so liebover, that eb rrs*! d . tr er "piton to aM/M darerna w "" ule Orr 11(tt1; - p u twl EDUCATION CODE �� ��rr.a srti.a�►w.t tr...�m. �►, ur ro...r ..u.v..�.i .�.a -tn. r i "363.5 the echapj dtttrtct y pwrestr.e eteq the rrprraa r• ,hs del rradt Orr l,le d+atrtt, la M 0wrr�l M W W amt f Ins+►" W-4 aa4 Sae star. Asia wma 11 wa ke.e deura.a.y Star h'a'r fwrl►�ee d r�►rc>♦eed and roe eaaKaeeet — ee t►�i toe --- roe taK E•e• w iU /�Mr�r let as Lk ttawrxt hw so swim adwre(.rrwaaaQ raq.Kra�ota" t IK+►od folI"'" Data We er tesrti ewd Re.�r of Srltt,rd I(T9 Gi(e+ttr tetal,erar !! rsaac V 4" >K11fi !. memsi es acid Jailers f. I OM hlt riche atay ptttsbraa peaeadww far eha Sala er Ieara trleh ,rplaa u ,Acqo as kw kow W"b in Ora" wA " arcing anth i.rIion 39030) of Chaperr ! cf rbu rill. the W& 14}praR prwntw and precaidttrr Py s school dtunce that be is auordanca *ISM IAa } Put1• the tx�ny Sha4 hr WPWW for h Or rttrnea KWW purpaea pttrtuutl lu Arlkk 1 r,th i.euoa Which 20} of Ciaprsr 7 d het 1 of a.tsion 2 of rule f d IAa Uwtrnntau C� it uy taslaaa( !' which leach anlcM a appllcSbk. (1}3=04 eh.( tW "hall ha a/at�d far "k a law oink an opuoa to pwehase, al Farr ttta,kat ►rate4 it both o(Lbe the "fcflorw rays: (1) In snttiR& to the Due"" of Cases! See k y be 7rttI of the Califorty liar( Rt�enu of the Uearuwt�r of Caltlarttis, the firtwad. lad to arty ptrblrc 1ilwfawf sad �AaO the *NW, arid oily it rlttclt llle pfopeny it a) b public ltetiu b homed awborny V the county in .hide the propeny p stttaaed ether Pohl" Subdi p� &rtrtrt. public authonly, public agency, public corpruatr k tx dnc w,4 b the S �et 0 '_wu. w eh( federal Iov %W1It, and to Say c)unubla c Inner 3l IQ) d Uiriuoa 1 O TtA go b thepibbc beneAl enrporation wttkr hr1 2 {am�°ff'onuah r 1+4 its ihtentior to diepoas of the real Slsont Public halts shaJ! consttt d si Irafl dwrtct, or tl there is ew 9wh weNptp�, tyt ny is a Paper oh. sell Circulation ►ilhin the VnWaud in the diurict. The aware th.aL y u'�� of 1�*al eirrutation thsl b rfyulariy ink public Sulhontta, pubic n9inwi NW other th.s paoperty b bee"/ trade "Jul" to ell public stale. Led to aoap"At pabk beads entporatfau, P°i SvbdtrUlkina of publte carporaltuaa to thn ruWK&Ian of hake pttrtuw w 111Ma aescioo shall be oats each wwly roe three succaeive reels Tbra pabtxicwu in a newapapa rep Airty wtcenfntnl between tl►( pubhdd aace • reeh a Inoue ttrlen +tilt St )feat 1.e dart The wntteet "we I. the /rllicetwo dam nor eouaem atteh twbltealiva lairs. u( tY111titt1l. the Wood pubkoW Douce 11ar+ apir ill of Ihu ttcb` ittiow t� be alined no Isle,, than Oho dale of fle entity dainnl to pttrt}taae oe kr►s lk I OPuty A4 erithia 60 6111ce aatfy file wj OW dmc= of eta .stet to days tiller the lWfd publtcalioe of Mpge of Law tbch (OPcnY arQ fhr( diunct are unabi( to a�nirs u a mu1YwWhfytw9 pna a 1 bogey pssood other the :herd si" d of to aherrtw prtntbd n th.ia faction fa the eratr d uiriet recei a d+ri from aa� iba Ora( o igy pursuant to thn wbclrestn rile Borg' dtslriet Ti two to mote to is salt the taau atta, which isgoings bard clop aura Iha hiihatl c4er. addltw" ltilbet o4er fro+,, aft Cher saeiteez >x the steal so addi1eionWallblow a/la. the bowd " seep a tear dtWmww rhicb of ilw onpW hilheu o4en to accept, °� tnadt, the board 1las aurptihl » any rn"M peopleon d. Ike bond Shag eaU foe Oral bids from (alike with gn a prty wet to this auM,*pion, of or" a w0a peiorily. ll. n pan VIA rn Ieri waAa++1. Orr kew the Dr�ny for a pnc+ restW sse(adiAD for n �hega s an rnuty otcn adnta le !early aeeeplad. Ftaal Orono awl am ' if say. w be paid a f icaor(d rsaJ 1614 w and stp(d by the oicror. ""� b`e"K� wtuf tilt Drill lid i1 ,,dread w let T►w4 lht properly afar be TV- amtr" shill rerrlsitt 4 d of M ray olhet fefaalrrer aul►otitad by ear. low f*sctd ItalYlf, rhitb k c 0* 1ei4 lanitaq I, 1911, and as of Such days it repealed, ttalwa a Ae -kj 34446 loll to I f01 1 t s. Tbdare lenuary 1. 1911, deletes Or (ltcnds weh date. 11 f, key Iql to 1t1 l 1� Ilk 66111. freer 1. 1910t !raft ern d 8111.lieu 14(0 th I I1)111.4h 11ST *eadd twee( taKr1 y lea III `eeiee eraea.,ie our lwsrt I. it. nor uwusble tw "'( rt Doannler 11, It+H`. Ill 'that r watt w Lire flll:i Orr DO."" 2 a( Iwo t Of the a�►"rt /wpan wader ran i { •wy few. Ap"+"a"t" u IOW eaa of ire ftedwwar �rParee+oW Cafe". W I7) "a ""a& t►rSrr IeMat a+aaaat 1.d.w'iwy `Owets" erCkw Ideft It1a a'w" weedw: III Aw4* 1"Cie. roe "ttete" Ia 40,11111 Alf l)- /►aa ferat�feWY Clear, Ai "turra+IN"i w Kwual "rt bra of the 11whie s air tar a erat.eafoa Orr the aw w �►f1nw.'�Ott • Ip iA �r� Or M�athe y Mid Qr rwt� (1x1� iae ; "r. it1 saiwit"" "M a wa.eray wwf� w /be"T�k . pea IM d tat thwi ChB SWAM W 1 "aiderm"d;iMe% lwh rear /s `t..na, ,a �1*4 19me 9 IA r'(+eN+eted feyrsri a j� @. 4W rt rnr a r4 rr■w a.w u►rwr am the eft (At e•a+a.a Orr !taw Ili ) awed felt aad�al aalwavow " Thrt'`rt~r pal Srr68ML A""'" � tr orl- cheer, ch i ! �sao .dot� w w Kuew u r t..a prwr w 1 r(a rhr "�+'++ea tfe C M071 W^ 1r a 1ed lu►ee w Ie11 Tlr noeaie.rYiltsi Meam 'AS a -NW Ire 111a1t 1911. eh 141...calmed is &W ITw^ Orr I41w 1~ veil �,� titpfeeea& its /stria U 21j,S► M er,her shgter. Cl, !1?. is Qo. C Mtt1 } t'+ 11 ere lj fan fVft" Cotntyicisttict Cam I . � vrwi a � ate Os�sst�+t of Esucatian ofig!na: a,+d two copies to; Californla Stste 0epartpsnt of Mcatlon office of Policy Analysts 721 Cep:tol Mall, IbCm sa"W rro, CA "814 • WAIVER REQUEST MUNI To ARTICLE 2 W TK SOCOL4 IS© rROrA44 MO MMI10+ A:T ;uest is fa:waiver of Education Coot SsCt1011(s) District MW tiew,�rt-l►ksa Unified lihool District Date of reTuest December 7. 1982 _ f fled cowered by request: I—i'g"%.!j District contact persan Talepnone (7141 760- 39363.5, 39370r 39371, 39372 and 39375 .t of section(s) to in solved the Kakehaa and Corona del Mar Elementary sites have been declared surplus by the Neiport- •sesa Unified School District Board of Education. The Board has previously declared their intent to sell/lease/rent the properties. The process of receiving written and aral bids is time-consuming and counter -productive and would probably result in a lower price for the properties. In both instances, atte:ra�ts have been made to dispose )f the properties in accordance with Education Code Sections 39363.5. 39370v 393710 39372 and 39375 and have failed. -4ripticn of whit +rill be bone if waiver is grantad ?artier interested in the properties will negotiate directly with District representatives in negotiated sales or leases. The Board of Education will make the final determination. ?roceeds from the sales or leases will be placed in the Spefial Reserve Fund to be used for capital outlay purposes to maintain the physical plants of the District. '+is r"Lat is for a wetver oich effects all schools in the 1lsttict. '+i: rt'Vsst is for one sct~ool n Y. T7- iim= ".It requ"t affects it rtinoer of lstrict s.-+soois. A list of Lose scho*ls with CM n 11 ttaehed � • 755 ECEIVE OEC 10 M. DEPARTM1rlT OB RMAY104 rOUCY /Ma+1LY515 ORKE qnirq this request r he district superint:rN* is p1J". his or her assurance that the provisbra of Education Coot Section 52020 have teen net (see Uotruetion an =avers side). • [rater the date the district govern. ing oosrd approved the velvet iqgtMst: Date: ember 7.1992 ❑ Approved Denied By the State Board of Education - +r...o- �•... 1• :.r.r�aa+.: r.�++,i.w�«r.:��.. +1.`.•-.. .'y ; ..,,�,, r'� Z Y�Q. ���',��i� Q'4'Riy� I 21 January 1933 �`a ,tor • � CAtl*IA STATE BDARD Of EDUCATION 721 Capitol halt Socrasent o. Co. 93814 NEWPORT-MESA UNIFIED 1601 167H ST. NEWPORT BEACH, CA. 92663 Door Superintondent: Yo r waiver request number 755 was considered by the Sl to board of Education at its January meeting. Consistent with authority estat-lished In Artidie 2 of the act (AS 777, Chapter 100, Statu+es of 1981). the board voted to approve the request as attached. Sincerely, ELLIS BOWMAN • "� Special Assistant Assistant � s Z � y r 1 .y : '• Oro = d sue..+ C, Panel: Make ; The best use of vacant Corona del Mar 1[lemeatary School would be to hire it into a reakd* W d*velopaent, in the fife' Of a citisas advisory corn• anise which rode that recom. aeadatbn to am Newport•M*sa UmWW School Dislricl board Tuesday aighl. The W+-person committee, chaired by Southern Californis COW99 profesror Dennis UcNutl, had held a public •� rafting a week earlier which ,,48*w soft* 60 neighborhood _• reshients. l - Tb* Panel's recommendation &lW) noted that, lailiag to obtain 'sale or bag.tarm leas* of the t t � Property for residential nsa, the board should consider "other •PPIOPriata uses such as day school, cultural center at moderate commercial nee con- sistent with @misting uses to the Brea—bal should Dot CcaMW*r any used that would bring to high traffic, specially on weekends, and ugnibcam night lighting". "Something like 30 hviaq rooasa lace that property," sold McNutt. He commented on the slroag oPPosition voiced at the public hearing to any activity which would be considered disruptive to present Wastyle. The committee was not 'k hool Continued from page 1) avulable--the state of C4WQF- nia, the university regents, the University of Southern Calilor• ate, the city, and others." UPOOMO TDOo rr sasr ear 1 not wi • ring or easing —"and s♦rrTisidili—ey"�av-i"" the! l9v9 �ecen y. Cloewowa because of dwindling enrollment, the Cor• ona del Mar plant was leased to USC for a satellite graduate business campus at a W'000 per Year tee. However. this lease was cancelled ahsr the Coaslal Comriasioa iowd such us "uicompalibla", and a neighborhood group filed suit against the district. An oft -voiced complaint In the nphborhood and at City Hall has been that the school district had not involved the city or the nety'.b its sulliciostly in its plans lot use of the school. Under certain stale codas. the dent3alArea outhoriaed to recommend a specific tuer or proPo+al, wNuit said, but was charged pdnasify with suggesting guidelines, Dr. John Nicoll, school stiperbbndesl, Mid It now was .UP !o the school board to decide on dirsctoo. This might mean offering the property for sale, or leasing it on competitive bid. Asked to Clarify a prevalent belief that dw city d Newport Beach has a priority on taking rep an fifer to soli. Nicoll raid, "That's am quite right. We have to notify a 6101 people and &geodes that the property is (CeItinned an pea• S) district has primary authority over the use or disposal of its property. Councilman Paul' Hummel, addressiag the recent public hearing at the school, urged residents to "lama on us at City Council' if they wished the city to take an active roll in dater - mining the future of the proper. ty. Meanwhile, John Hawkins, of Banta Monica. who had offered . to transifr his antique doll museum with a collection "valued in excess of a moon dollars" as a gift to the community —with certain provisions —withdrew the pro. posal. "We wouldn't make as much noise ai school children," he said, "and so far as occasional buses bringing people in, school buses do that, doa'1 they? "But 1 detected a 10 of hosUbly—and we w@real there to make a light. They may holler enough to gat a free park. "We doa't Waal to go where we're not wanted. But 1'd still life to mows to Orange County." • —DWI Sinn M1 0 • NEGATIVE DECLARATION Name/Address of District ' - # STR 1 CT Project Number: KI FILED APR Z 1 )gal 1[t t Wh disk f f 4n January 17 , 1911_, the board of Education of determinedthat Its Project No. will no bave a significant effect on the environment as ine an describet d in the Environmental Quality Act of 1970 as amended, the Guidelines relative thereto of the Secretary of the Resources Agency of the State of California, and the applicable procedures of the --�1 The project above referred to consists of the followings Project Name: MAR ElEMENT-IRY, r. Project Proponents Project Description and Location: fil n Carna t i nn Av& - _ Project Purpose: Contact Person: RaXm2nd R. SchniereX • phone: Q. 324g` Mitigation ■rasures to avoid potentially significant effects: �Y_ I. No potentially significant effects 2. Mitigation measures are: Date: Lee f.k,,.�•�, FXdS. 000 0 • . Authorized to Putrlsn Adveflisenlcntt of all elnds, 10Cludinq OW;c 1101Ke1< by Decrte of the Superior Court Of Orange County, Califomia, Number A421e, dated 29 SeptMper, 1%1, and A•2431, dated it June, 1%3. STATE OF CALIFORNIA Cou ptr of Prange • Pool$$ rips#$* ad'solss#"l • s•.•f" N fears f+"Yf.f h t•1 rip • • 0.14 1• Palo /Nfwe" rNN. I im a tilazgn of the United States and a resident of the•Cfuhty aforesaid; I am over the age of eighteen YVAI1P and not a party to or Interested in the below entiticdmatter. I am a principal clerk of the Orange C,AA DAILY PILOT, with ahich is combined the N"'B-PRESS. a newspaper of general circulation. printed and published in the City of Costa Mesa. County of Orange. State of California, and that a Notice of N1 PORT -MESA UNIFIED SCHOOL DISTRI CT of which copy atlached hereto is a true and complete Copy, was printed and published in the Costa Mesa. Newport Beach, Huntington Beach. Fountain Ville).. Irvine. the ,South Coasl communities and Laguna Beach lssucs of said newspaper for three consecutive (weeks to wit the issuetsi of Se tember 19 . 198 October 2 . 1118 1 198 . 198 �.. I declare, under penalty of perjury, that the foregoing is true and Correct. Executed on Molter 2 198-1- at-Costa Mesa, California. Ipnatur. �•� 111te gnu a •+tea M fls�e ■r10� "O1 ell poo+iaiew:i, Uf1 1•• Ne1•0e,11.esy Nre.Ieot me Cap*" lop, I "M emu-" rat t w "fir w/ ol- Uaw #f fit am YAr1 o ft-im f� M�1•ts b Wd" MN � s I C•tf1•sowf 11e.Y•s�ri «� +Wooft f ..1~1„ w N%NN » aw.~ slga ft"MMifly Moo..[$* �/ fll M/0f1�• 1•IMM N VlMr1 [q41 fffs• (MNfM• Wet 1A Mwr`u y 't•M /W Nh"•f !loafs 4"" "r!'� M � �r MtfM• ff we a•r+ M w s1++f•w tl•Y U'-." tie f. M p,N,■/ M M f1 lup"ow It .µfy :: ft mow. .faA set leases r If" •'Vrt1 INM/s.•" fff�f W' t•.w«f M e1.f MM.•• •f +► a��l w Mir or Mef+w.f ff ff.N se•er.f e►w.tomtfftyw•r.•fr offirtoo"of.so.,Rome"$ •t titi. �/ . II.f O111fK1 Je W M�fefMlffb fw1�•..1� foss• j 6 W" 11WWmt t►* 11V M•.. off pe t lefe f atf f).y rills W0.t" P.Mr► fIt •t/l Mf 094000", �401''r 1�M,if►fMM M/ M Sq/1 "•w "4191f•r• Ala.fl fy •. e41.Rf1." M•r't W...W 4WyOng Wopow'", ltw•Ii Now'" M~w Nfflf•.• fn If oft SWrf •fl ffN 4.44 fts. ffMdl Mfsrf�y� w WitVW ( Wq r9 1"r.+ AeYt 1M r•yN tft•#f w� i fllisffs'f. 1•y f"f/tf.f" t,i NM Its lips fMfi M ultras w M• leaf►! M •fyt"rr.q „r ti fr 0 et••"� f rN li.•gift►Ms" For tf/ffft.0so,0" y'~{'I, MM"�0WI" 1f I&- w »ws n so 6./4e1W Mr M sYtl• rlet in so" ff., yp Waftswe Twr►f fw•" set .owifte .•,,,,N M •"e'tWl w fwew ff 1•«f M,t"ys wfMfrf tt f•s" •M+M• * -S @•flit a fMf of no -COO A N. Ay ." sip• f► 0 •t w firMeefw w~�f. M Ills aNrr 1 up- a—f We N.wf" Mf skv •ere" �"�+/.e1w..... ��r ales•" r"• ff11 IVrfIM•t♦ s•Me•MN • •nlf" � MI 4" doMN be�tfi•r.� n! � •nfw w "•V.nl ea.r.w•", 1M im M H fNrN•w .yr1 Mo@. M �qN�e fs /f "wfl�1•t I fes•r P"*W M Mai "Mew 040.6 "" 0...1 .". Post f,tMs fl we' [.t.4,'K •rfs1M q ((«waste te".ftff twit Mwf«t, +yfwrl MoY if 1.f•1 d1s1►a{1 / o ••. /1ftf,� l.f"f.n •f•el� [a slfu fea.w uu1 PilluM ONI� smew4 , lr, Nef !•et•tf.t o ■.f a•M Irk 404N... ` L ..f 22 aft$* 0".~ 1 s» I O p�r"sri„i`M Goal# ..ff.l #146M • I PROOF OF PUBLICATION E 504 Begonia Corona del Mar. California 92625 Telephone: 673-7553 January 18, 1984 Planning Commission City of Newport Beach P.O. Box 1768 Newport Beach, California 92663 Dear Members: Regarding the Corona del Mar elementary school site: In November, 1983 four plot plans regarding this site were shown at a public conm pity meeting by the developer Doug Gfeller. Approximately 70 concerned citizens from the residential neighborhood surrounding the site were in attendance. Plan A showing a park (with no off street parking) at the end of the property site fronting on Fourth Avenue was favored by virtually all people in attendance. This concerned citizens position on the site use remains so at this time. The citizens are unanimus in rejecting any use of the Corona del Mar elementary property for a parking lot of any kind. This is particularly so for one to primarily benefit a commercial restaurant and bar that already creates an undesirable amount of nighttime traffic through this residential neighborhood. Sincvxsly, Golda An Johnson Citizens for Responsible Use of Neighborhood Schools cc: The Newport Beach City Council ■ 0 1V.EWPORT-MESA Unified School District post office box 1.168 • new1x,rt beach. callfornia 9266) • (114) 760-3200 JOilff //. /IICOLL.& Ahw.OMl January 17, 1984 City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Frank Talarico Dear Mr. Talarico: The Board of Education, at its regular meeting of January 22, 1981, voted to close Corona del Mar Elementary and Rea Middle Schools. The Education Code and CEQA requirements at that time were followed with all necessary and man- dated notifications taking place. Copies of the correspondence making the notification cannot be located, however, there are memos and other correspond- ence, including a certification from the Daily Pilot that advertising did take place and CEQA filing was made with the County Clerk. If anyone stated that an inability to produce copies of the letters constituted non-compliance, this is taken care of by Education Code Section 39400, which states, "Failure by the school district to comply with the provisions of this article shall not invalidate the transfer or conveyance of real property to a purchaser or encumbrance of value." On December 7, 1982. the Newport -Mesa Unified School District filed a Waiver Request with the State Board of Education. This waiver was granted at its January meeting, and is good for the period January 14, 1983 to December 26. 1983. We requested the waiver of five sections, one of which was Education Code Section 39363.5, which contains the mandatory notification process, and lists the several agencies. In granting the waiver of this section, we were also exempted from complying with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1, of Division 2 of Title 5 of the Government Code, which contains similar notification procedures. Education Code Section 39382 also would apply, and it contains identifiable "failure Co comply" wording as spelled out in Education Code Section 39400, as previously quoted. If further information is required, please let me know. Cordially *� . John il. Nicoll Superintendent of Schools OFFICE OF THE SUPERINTENDENT vp 1601 SIXTEENTH STn[iT - NEWIo11T LEACH, CALIFORNIA 92M - ►Noll[ 17141 1663eoo • is NEWPORT-MESA Unified School District poet o frre box 1368 • newport beach. california 9266) • (714,1 760-3200 IONh W. NICOLL. Super,ARAdom May 11 1982 The Honorable Jackie Heather Mayor, City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Jackie: You already are aware that the lease with the University of Southern California for the Corona del Mar Elementary School site has been voided. At tonight's meeting of the Board of Education, the Citizens Advisory Committee will be asked to hold a public hearing and to bring recommendation(s) for the future use(s) of that school. The public hearing will be held in the multi-purppose room of Corona del Mar Elementary School on Monday, May 17, 1982, begin- ning at 7:30 p.m. At that time, members of the community and interested citizens are invited to give their input to the Committee. Public notices will be printed in the DAILY PILOT, and signs will be posted on the fence surrounding the school. The foregoing is for your information, and copies are being sent to the members of your Council and to Bob Wynn. Cordially, 0-obf-W. Nicoll " Supbrintendent of Schools Newport Beach Councilpersons Robert L. Wynn, Newport Beach City Manager /�1 ,Z . ~fir ' l , I • r • . _o' � �►..r /.� 1� t ' I i. OFFICE OF THE SUPERINTENDENT M1 SIXTEENTH SYR99T •- 00FORT HACH. CALIFORNIA= W — IIIOM! (71417MMO r .i r.rr`� • i .T�rn. VPt+ Jf3 -c; 7 (a) STAII Of CAl#0*0.A-01r)CE OF TK G0Wen+o4 eeONee OW"WEAW dowe . OFFICE Of RESOURCES, ENERGY, AND PEAM17 ASSISTANCE law TENTH STEM SAC1AM[NTO. CA 9MI4 January 11, 1984 City of Newport Beach Mr. Fred Talarico 3300 Newport Boulevard Newport Beach, CA 92663 Subjects SCIP 83101212, Carnation Project GPA, 'Lone Change local Coastal f'rograz Awnd. Dear Mr. Talarico: The State Clearinghouse sucmitted the above hared environmental document to selected state agencies for review. The review period is closed and none of the state agencies have ccccents. This letter certifies only that you have complied with the State Clearinghouse review requirenents for draft environmental documents, pursuant to the California Environmental Quality Act (EIR Guidelines, Section 15161.5) . Where applicable, this should not be cowtrued as a waiver of any jurisdictional authority or title interests of the State of California, The project may still require approval from state agencies with permit authority or jurisdiction by law. If so, the state agencies will have to use the environmental docwent in their decision-traking. Please contact then im- mediately after the document is finalized with a copy of the final document, the Notice of Detemimtion, adcgted mitigation measures, and aml statements of overriding considerations. CGnce the doctnent is adopted (Negative Declaration) or certitied (final EIR) and if a decisicn is made to azprove the project, a Notice of Detean ation must be :11ec with the Ccusnc.1 Clerk. If the project requires discretionary approval from any state agency, the Notice of Deteenination must also be filed with the Secretarf for Rescuv:. (EIR Guidelines, Sections 15083 (f) and 155085 (h)) . Sincerely, :errf ?Zeerts Wager State C:ear--gexxse Er7lvt,.`�. r* • �,1984 city rfi 0 i .Tie„. &,60j# 53-aCa) t A unigtje fllerrd cJf peof)to lit(if)ljre Corona del Mar CHAMBER of COA4WRCE January in, 1984 Planning Commission City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca. 92663 Re: Carnation Project - Draft Environmental Impact Report General Plan Amendment 83-2(a) Honorable Coarnissioners: The density created by the design concept of 30` lots, as originally sub- divided, appears entirely reasonable because of the compatible relationship to surrounding properties. The inclusion of four 2-family affordable units on the larger 55' lots also seems in keeping with area development. Page 5-14 of the referenced document states that a "park usor" survey in- dicates the age of our population to be 3% under 5, 65% over 18 and by ab- straction 12% between 5 and 18. The two -acre Begonia Park, which is only a block from the project, is augmented by the BLayside Park Area and amply serve coaamunity park needs on the South Side of Pacific Coast Highway. What Corona del Mar needs is parking. The .52 acres (6 lots) which are to be dedicated irl the developer as public open space can be a tremendous asset to Corona del Mar if utilized for meter- ed parking as is done in other areas of the City. Their value would be greatly enhanced if "in -lieu" fees and metering funds could be accuamnulated in a special fund to aquire other mini -parking lots in Corona del Kar. The mini -lot concept would best serve our strip coonercial area, and the Chamber recommends that the Marguerite Municipal Lot also be metered and used for "in -lieu" parking. s A realistic "in -lieu" fee schedule based on current land value would need to be established. Penalties and fines for violations should be of sufficient amount to insure that the spaces are not just Ocheap all day parking." 2855 East Coast Highway • Post Office Box 72 + Corona del Mar, California 92625 - 714/673.40W 0 0 Planning Commission Page 2 January 10, 1903 The elimination of any parking space on PCH as a trade off for these dedi- cated spaces, as was suggested in one of the Alternative Proposals, is di4- metrically opposed by the business community. Traffic which will be generated by this project does not appear ao excessive as to be unacceptable. Pelican Hill Road will alleviate some of the conges- tion created by down coast development, but it could be greatly improved by A better alignment and connection to San Joaquin Hills Road. The reinstate- ment of Canyon Crest would provide a viable bypass. The Corona del Mar Chamber of C-- erce recommends approval of the Carnation Project contingent upon the recommended use of the open space dadLcation for metered and "in -lieu" parking. Very truly yours, 4 D. Masters DM/js Copy to: Jim Hewicker, Planning Director Mayor Evelyn (tart Corona del Mar CHAMBER of COMMERCE !Madame Mayor and Council Members 3300 Newport Blvd. Newport Beach, Ca. 92663 Res Corona del Misr elementary School Sins Madame Mayor and Council Membera: A unique blend ofpcople and place December 8, MY OF tifWPflN MACH, br CAUf. -� DEC 91983a " EIV03 C1 ;.... K The Corona del Mar Chamber of Co=arce is extremely concerned, not only about worsening traffic conditions, but inadequate parking for most of the business district. The Corona del Mar Elementary School Site appears to offer great potential if the developer could be required to dedicate parking (in lieu of park) along 4th Street between Carnation and Dahlia. Such use would appear compatible with the existing parking behind Sheraan Gardens. We recommend that the lot be ssetered and that it be used for in -lieu parking fees proposed in the Specific Area plan we drafted and submitted to the City in 1980. If this proposal can be implemen- ted we recommend that the Marguerite - Bayside lot also be metered and used for in -lieu parking. The meter collections and the in -lieu fees could be accumulated for the specific acquisition of other mini -lots in Corona del Mar. We respectfully ask that Council investigate the possibility of this proposal. �J QJ i0: N p P .►:a61M. an DM/ja Vs,�3tltyF.r �' !•:t��rrey .�ry Oir. ii Dir. ,•;,Ui nu Dlr. I, ,Ce Ct!iel :3 W. qir t3 Other ' s'1 very truly yours, 4Pzetc e� D. Masters Transportation Chairman f 7855 East Coast Hi Office j}y.�• :�S�s_1 Highway Post 0 �a Box 72 Corona del Mar, California 9?625 • 71e41673.4n5p r!'�t.a f. ..� �•,t.. }.r � • ..Ir%..�/'�f.. .. a�i';✓�-. ..' i _1 4mow- �. �fv+te�'FTgs, � ii 17 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Nevr)rt Reach will hold a public hearing for the applications of The City of Newport Beach and Graller Develoa!nt on property_located cn the southeasterly side of Carnation Avenue and the liorthwesterly side_ of Dahlia Avenue, between Second Street and Fourth Street, corrsr�anly known np the Corona del Mar Elementary School site for the followingt GENERAL PLAN AMD%TP 1' NO. 83-2A Request to ascend the Land Use, Residential Growth, And Recreational Open Space Element of the Newport Beach General Plan so as to reclassify the Corona del Mar Momentary School site from "Governmental, Educational and Institutional" to "Multiple -Family )residential" uses. LOCAL COASTAL PROGRAM AMENDMENT NO. 4 Request to amend the Land Use Plan of the Newport reach Local Coastal Program so as to reclassify the Corona del Mar Elementary School site from "Governmental, Educational and Institutional" to "Multiple -Family Residential" uses. AMENDME rr NO. 599 Request to establish Planned Community Development Standards and adript a Planned Co=unity Development Plan for the development of the Corona del Mar Elementary School site. The proposal also includes a request to amend portions of Districting Map No. 16, so as to reclassify said property from the Unclassified District to the Planned Community District. RESIDENTIAL COASTAL DEVELOPME11T PERMIT NO. 5 Request to consider a residential coastal development permit for the purpose of establishing project cocpliance for the residential development of the Corona del Mar School site pursuant to the administrative guidelines for the implementation of the State Law relative to low-and-rtderate-income housing within the coastal zone. TRAFFIC STUDY Request to consider a traffic study in conjunction with the construction of 41 residential dwelling units on the Corona del Mar School site. NOTICE IS HEREBY 1tMHER GIVEN that an Environmental Impact Report has been prepared in connection with the applications noted above. It is the present intention of the City to accept the Environmental Impact Report and supporting documents. The City encourages merbers of the general public to review and comment on this documentation. Copies of the Environmental Inpact Report and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Nest Newport Boulevard, Newport Beach, California, 92663 (714) 640-2197. Notice is hereby farther given that said public hearing will be held on the 19th day of January 1984, at the hour of 700 p.m. in the Council Chambers of the Newport Beach City Nall, at which time and place any and all persons interested may appear and be heard thereon. James Person, Secretary Planning Commission City of Newport Beach N=t The expense of this notice is paid from a filing fee collected from the applicant. ' Libel !lajes s. ..cK 430 Caraatiaa ` jk"''r Z. Carom Del MAr* CaV 459-111-05 f 11ank.Security Pacific P.O. BOX 2097 Los Angeles.: it 459-111-06 Marvin Rohrs 113 Grand Canal Balboa Island, Cal 459-111-07 e _ 't Robert Belyea 4721 Cortland Corona Del Mar, Cal 459-111-11 Harriet Could � 406 Laaond Los Angeles, Cal 459-111-12 Jeffrey Simons 431 Dahlia Corona Del MAr, Cal 459-111-13 Mks Lane 91 StrvAerry . tolling Hills Estate 459-111-14 - 1krults Eilertsen 435 Dahlia --•_ Corona Del Mar, Cal ! 459-111-15 Carols Rocco 3705 Aiaer Santa Ara, Cal 459-111-16 f Albert Rewitt 439 Dahlia Corona Del MAr, Cal 459-111-17 Carol Laland 441 Dahlia Corona Del Mar, cal 439•-111-18 DeLur Alderaann :_'+.- 700 Oriohe Dr Virginia Beach, Va 459-112-01 Sylvia raddard 438 Dahlia "Ievport Beach, Cal 459-112-02 Kenneth [times 436 Dahlia corona Del Mar, Cal 459-112-03 i Edward tthell 1 Twin Lame Corona Del Mar. Cal 459-112-04 Kathleen 11awald 432 Dahlia Corona Del Mar, Cal 459-112-05 lturff Guest 430IDahlii Cor na Del Mar, Cal 459•-112-06 William Runt 19993 Hibiscus Yorba Linda, Cal 459-112-07 - Area Ricks 426 Dahlia Corona Del Mar, Cal ,459-112-08 John Drury • 433 Fernleaf Corona Del Mar, Cal 459-112-16 Harry Young 435 Fernleaf Coro" Del -MAR, Cal Robert Jacicaea 437 Fernleaf Corona Del MAir, C:l; 459-112-18 R, Frank Relin 208 Carnation Corona Tel Mr, CAI 459-112-19 'Lheodossis Vatiadis:,: -Corona al Mar, CAI John Niillsm 508 Begonia Corona Del Mar, Cal 459-C?3-+07 Whitney Grant 506 Begonia Coxoaa Del liar, Cal 459-093-08 Richard Johnson 504 Begonia Corona Del Mar, Cal 459-093-09 Richard Thompson 2120 L Street #210 Wabhington, D.C. 459-093-10 1 i Flora Rogers ; 500 Begonia Corona Del MAr, Cal 459-093-11 Betty Morgan 501 Carnation _.. .. Corona Del, liar, Cal 459-093-12 "•� Jessie Root, . 503 Carnation Corona Del Mar, Cal 459-093-13 Louis Chang 2696 L. California I San Marino 459-093-14 , Marilyn Bass 1 507% Carnation ' Corona Del Mar, Cal 459-093-IS ! Pickens P.o. sox 280 Friant, Cal 45"3-16 NOMMINEI 7�, - T,770771 707 1 E '• 1- 5'J - - • i'1 John 3326 Nest Covina, Cal 459-093-17 Paul Casey 2228 Pacific Drive Corona Del Mar, Cal 459-093-18 John Childress 516 Linden Laguna Beach, Cal 459-093--19 Gwen Wright 517 Carnation Corona Del liar, Cal 459-093-20 Erwin Pox 519 Carnation Corona Del Mar, Cal 459-093-21 Vaughn Brinkman 521 Carnation Corona Del Mar, Cal 459-n93-22 Reginald Howell P..O. Box 291 Corona Del Mar, Cal 459-096-06 Franklin Romer 210 Golden rod Corona Del Mar, Cal 459-096-13,14 Mary Harrington 429 Carnation Corona Del Mar, Cal 459-096-15 Perry Gibson 9858 Wilshire Beverly dills 459-096-16 Robert Borden 433 Carnation Corona Del Nrr, Cal 459-DW17 J 3SO13 Carlos Capistrano Capistrano Reach, Cif 7 459-096-18 ' �t Joseph Stewart 437 Carnation Corona Del Mar, Cal 459-096-19 Alexander Mac Gillivray 31311 Cassel Point South Laguna, Cal 459-096-2g21 ?house Hooper 444 Begonia Coron a Del ,Mar, Cal 459-096-22 nonald tic Hove 17702 M1rchell North ?rvine, Cal 459-096-23 Emery Moore 610 Xnollville Thousand oaks, Cal 459-096-24 Miller Michael - 438 Begonia • .:.�:, Corona Del Mar, Cal* ' `• 459-096-25 Ronald Clark 436 Begonia ? `',::,;Y:•, Corona Del Mar, Cal :� �•. 459-096-26�� Colin* Gibbons 440 Carnation w Corona Del Mar, Cal 459-t1i-01.029 Trust Services 436 Carnation ' Corona Dal liar, Cs1F• ` . 459-111-03 Helairlti Ki].lsr 432 carnation CO1°°a Dal 1iero 9858 173shii!e Beberly bills, Cal Robert Longacre 701 Carnation Corona Del Mar, Cal 459-083-05 Janus Medak 703 Carnation Corona Del Mar, Cal 459-083-06 Pension Adminstations P.O. BOX 4335 ! Irvine, Cal i 459-083-07 ,l0 Rlenoar Reinhart 2858 Serang Costa Mesa, Cal 459-083-08 Janes Vood _ 1 2443 Coast Highway Corona Del Har, Cal 459-083-09 Shokrian Lotfollan 525 W. La clanega .. `�'7 Los Angeles, cal =. 459-083-11 ;, �•',a .:.,_� Sylivia Zielle�'� 600 3rd Street Santa Ana, Cal ;:'�� • : ` ;:,, 459-083-12 Richard Rallas.. 330 S Perelat Orange, Cal 459-086-01 Lucille Patterson ' 619 Begonia Corona Del MAr, CA1 459-086-02 Richard Mulvalis 'I 57 Linda Isle Newport Beach, Cal 459-086-03 •hoMaf Via**r!�' .i �`v'�• .L;..F 1818 Port Baraouth 4 99-h' -W -004 Cal Crocicard Craig Bruce 612 Begonia 459-086-05 Corona Del Mar, Cal Scott Vest 610 Begonia Corona Del Mar, Cal 459-086-06 Patricia Lung 2108 Vista Laredo Newport Beach, Cal 459-086-07 Harold Swanson 606 Begonia Corona Del Mar, Cal 459-086-08 Mark Billing 604 Begonia Corona Del Mar, Cal 459-086-09 Richard Itunsaker"' . P.O. BOX 2423, r •r •� Santa Aria, 459-086-15 r' Denny Htarkas 609 Carnation Corona Del ?tar, Cal 459-n86-16 Julio Driver 111 Abalone Balhon Island, Cal 459-046-17 Ito (%mar name or Ho Address 459-086-98 Cndsar Orofino 615 Y.inRs Newport Beach, Cal 459-ne6-19 . j nary Oberto 3012 Craig mane, Cal 459-086-20,21 Diana Cappell P.O. BOX 823 ; CoronaD#1 Mar, cAl 459-086-l0 j Michael Lapin • :� + - 600 Begonia r •j Corona Del MAr, CAI' 459-086-11 - Robert Parker 8655 Fresno Cir Corona Del Mar, Cal 459-086-12 Max Cornewell 2744 Coast Highway Corona Del MAr, Cal 459-096-13, Julie Drivear III Abolno ., Balboa taland, Cal ''' • } 459-086-14 Frank Curry 422 FAerald Laguns Beach, Cal 459-093-OI , . -'';.• -" Tilden Farris .t 1936 Port Chelsea r s Newport Beach, al 459-093-02 Alfred James �:�!F. 78 Strand Corona Del Mar, Cal 459-093-03 :►:. �;,�,� Madelatne Cline 600 Lemon bill �^ •f M � Fullerton, Cal 459-093-M _ " 7 • t Gerald Bri�'��.,• 1301. Lincoln 4,;V' Corona Del Mar; Cal; - 659-02Z-01.. 1 :Neville Sewell 502 Dahlia Corona Del `tar, Cal 459-021-02 Ralph Kerry 2714 Lakewood Los Angeles, Cal 459-021-03 Madeline Justus 506 Dahlia Corona Del liar, Cal 459-021-04 Robert Siegel 508 Dahlia •Corona Del liar, Cal 459-021-05 Raymond Doshier 3138 Stoddard ; 459-021-06 Richard Rucklebridge 44910 Harlan Lancaster, Cal 459-021-07 10806 Hasty Dmmoy, Cal 450■021■08 ; Jean Allan 1 621 S. cilnar Anaheim, Cal ' 459-021-M .lr�rti�,+s+�Ytw:�;� ' ,,ir � #�,�#• a yr.l� W"�a;�-*+;r"i�a 7i ,F• �' t�` Barry Faber 4•`� >t, `,' `' � : ?i.R: Sters�sa Y�ieuu3atios I 16 Pinehurst- 2077 W. Coast 4• ,. ;lewpor t Beach, CAl Newport Beach, Cal .;� ' 459-021-12 459-02:-01 f �-`• ' s Sarnie GArrett John Poole Radio 519 Fernleaf 2515 E. Coast Highway iComa Del liar, Cal Corona del liar, Cal 459-021-13 459-OU -n1,62 • Robert Sarrler 544 hazel Corona Del liar, Cal 459-031-03 t , Richard Kessenger 4 518 Dahlia Corona del Mar, Cal l 459-021-10 Ralph Vsksfield 520 Dahlia 459-021-11 Corona Del HAr,_-Cal -t_._ Leonard .Tones 1509 Dunlap Phoeniz, Arizonia 459-021-14 ,lanes Do-bie 586 S. Center Drive Palo Alto, Cal 459-021-15 Theodore Fouts P.O. BOX 414 Laguna Beach, Ca 459-021-16 Fernle-af Associates 234 J.17th Street Cost Mesa, Cal 459-021-17 John ita11 2004 Calvert Costa Hess, Cal 459-021-18 Paul Martin 548 Saeward Corona,Del'Mar, Cal 459-021-19 Nillizol hall 503 Fernleaf Carona Del HAr, Cal 459-021-20 Mary Marshall Pasa01 ddena � s 459-021-.21 Arnold Haskell P.0. BOX 1715 !teupor tBeach, Cal 459-031-04 Trvine Co 550 Newport Center Dr. ?fewport Beach, Cal 459-032-02 P.renst George 2865 R. Coast Corona Del liar, Cal ' 459-033-0102,03,07 Ceorse ilatson BOX 275 Corona Del Mar , Cal 459-033-04 Ceorge Richter 1115 S. Coast highway Laguna Beach, Cal . 459-033-05,00.08 Ronald Ragan 713 Fernleaf Corona Del liar, Cal 459-033-09 Charles Hamburger 19 Mootecito Corona Del Mar, Cal iS9-tI83- 02 . Jack Rall : �� �• 702 Begonia 4 Corona Del Max, CAL Planning Commission Meetin'p Janunr 19 198 4 Agenda item No. 3 0 CITY OF NEWPORT BEACH TO. Planning Cominnion FROM: Planning Department SUBJECT: A. Draft Environmental Impact Report (Public Hearin+) Acceptance of an Environmental Document for Conerol Plan Amendment No. 83-2(a), Kcal Coastal Program Amendment Ito. 4 and Amendment No. 599. AND B. General Plan Amendment 83-2(a) (Public iie��rin�t} Request to amend the Land Use, Residential (;rrtdth, and Recreational Open Space Elements of the Newport Fseach Ge -ral Plan so as to redesignate the Corona del Mar E:lamsantary School rite from "Governmental, Educational and Institutional" uses to "Multiple -Family Residential" uses. AND C. Local Coastal Program Amendment No. 4 (Public Hearin Request to amend the Land Use Plan of the Newport Beach Local Coastal Program so as to redesignate the Corona del Mar Elementary School site from "Governmental, Educational and Institutional" uses to "Multiple -Family Residential" uses. AND D. Amendment No. 599 (public Ilea Uui Request to establish Planned Community Development Standards and adopt a Planned Community Development Plan for the development of the Corona del Mar Elementary School site. The proposal also includes a request to amend portions of Districtinq Map No. 16, so as to reclassify said property from the Unclassified District to the Planned Community District. AND E. Traffic Study (Public Hearing) Request to consider a traffic study in conjunction with the construction of 41 residential dwelling units on the Corona del Mar School site. •. TO: PlaLnni*Omission - 2 • F. Coastal Residential Development Permit No. 5 (hiricussion) Request to consider a residential coastal devnIfiliment po mit for the purpose of establishing project coc.E+llnnce for the residential development of the Corona del Mar School site pursuant to the: administrative guidelinen for the implementation of the State Law relativa In low and moderate -income housinq within the coastal zone. WCATION: Lots No. 1-22, Block 531 and Lots No. 1-22, Block 1,31, Corona del Mar Tract and an abandoned portion of Third Avenue, located on the southeasterly side of Carnation Avenue, between Second Avenue and Fourth Avenue, in Corona del Mar. ZONE: Unclassified PPOPOKENT: Gfeller Development company, Inc, Tustin iNITIATEA BY: The City of Newport beach WiFP: Newport -Mesa Unified School District Applications The City of Newport Beach has initiated an amendment to the Newport Beach General Plan JGPA 83-2(a)) based upon a request of the Gfellor Development Company. The several applications which would allow the conntruction of 41 residential dwelling units with related garage structures, landscaping, and other areas are as outlined below: A. Certification of an Environmental Impact Re rt. Acceptance of an environmental document as having been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, City Council Policy K-3, and certification that the data were considered in the final decisions on the project. B. General Plan Amendment 83-2(a) (Corona del Mar Elementary School Site). Approval of a General Plan Amendment to the Land Use, Residential Growth, and Recreation and Open Space Elements of the Newport Beach General Plan so as to designate the Corona del Mar Elementary School site from "Governmental, Educational and institutional" to begin "Multiple -Family Residential" uses. In accordance with general plan amendment procedures as outlined in Article VI, Section 65350, of the California Government Code and City Policy Q-1. C. Local Coastal Program Amendment No. 4. Request to amend the Land Use Plan of the City of Newport Beach Local Coastal Program so as to allow the residential development of the Corona del Mar Elementary School site. TO- Plannission - 3 D. Amendment No. 599. The approval of a request t.n establish Planned Community Development Standards and adopt a Planned Community Development Plan for the develoqment of the Corona del Mar Elementary School site. The proposal also lncludPs a request to amend portions of Districting Hap No. 16 no as to reclassify said property from the Unclassified District to the Planned Community District. Amendment procedures are outlined in Section 20.51.045 of the Newport beach Municipal CrxDe. E. Traffic Phasing ordinance. Acceptance of a traffic study prepared pursuant to Chapter 15.40 of the sswwl.ort Beach Municipal Code and City Policy S-1, and the approval of the project based on data contained therein for the ultimate purpose of issuance of building and grading permits. F. Coastal Residential _Development Permit its. 5. A request to consider a Coastal Residential Develolmment Perrtiit for the purpose of establishing project compliance for the residential development of the Corona del Mar Elementary School site. Pursuant to the Administrative Guidelines for the Implementation of State Law related to low and moderate inccrminq houninq within the Coastal Zone and City Policy P-1. SuggestAd Actions Hold hearings close hearings if desired: 1? Recommend that the City Council approve the proposed project taking the actions indicated in Exhibit *A"s OR 21 Recommend that the City Council deny the proposed project, takinq the actions indicated in Exhibit Or; 31 Continue the public hearing to the Planninq Cocimission meeting of February 9, 1984, to allow staff an opportunity to respond to questions raised during the public hearing. OR 4) Remove from calendar pending further progress on the revised Recreation and Open Space Element. Background On August 19, 1983 the Planning Department received a request from David Hainh representing Gfeller Development Company for a General Plan Amendment on the Elementary School site in Corona del Mar. The letter requested a change in the General Plan from Governmental, Educational and institutional racilities" uses to "Multiple -Family Residential" uses. if approved, this request will permit residential development at a density of 10 to 15 dwelling units per buildable acre. r • TO: Planni*or-mission - 4 At the Planning Coamaission meeting of October 20, 1983 the Planning Commission voted unanimously to recommend initiation of the propoccd General Plan. Amendment (GPA), with the provision that the Planning C09minsion act the amendment for public hearing after preparation of any necessary environmental documents. This allowed the Planning Crx-fission the opportunity to phauf. the public hearings on the Corona del Mar Elerentary School site with on-plinq General Plan Recreation and Open Space Element review. At the tlnvemher I•i, 1983 meeting, the City Council concurred with the recommendation of the Planning Co=ission and initiated the proposed GPA. At the December It, 111113 Planning Commission meeting the Planning Coamission act the public hearing for CPA 83-2(a) "Corona del Mar Elementary School site" for January Ito, 19114, The Planning Commission at this time received a copy of the Draft Environmar}tal Impact Report (Draft EIR). Location The proposed project is a 5.2 gross acre site located at the southwesterly corner of Dahlia and Fourth Avenues in the Corona del Mar area of the City of tiewport peach. Exhibits 1 and 2 in the Draft EIR shwa the proposed project in its regional location and local context. The project site in roctanqular in shape, being bounded by Carnation, Dahlia, Second, and Fourth Avenues. The site is located approximAtely 100 feet from East. Coast Highway. The site in 4.07 net acres in size with a buildable acreage of 3.22 arreR (140,263.2 sq.ft.). Project Characteristics The project as proposed by the applicant involves the development of 41 residential dwelling units on the 5.2 gross acre parcel accompanied by a public open space area of .52 acres in size. Third Avenue will not be extended through the project site. The dedication of Third Avenue was vacated by the City of Newport Beach in 1944. The acreage originally involved in that dedication reverted to the lots adjoining either side of the center line. This has created four lots in the middle of the existing subdivision which measure approximately 55 ft. by 118 ft. All other lots in the subdivision measure 30 ft. by 118 ft. The dwelling units on the 30 ft. by 11B ft. lots will be single-family detached units situated on individual lots. The applicant has indicated that they will resemble the architectural ntyle of Corona del Mar. On the four 55 ft. by lie ft. lots, the applicant has indicated that he will construct duplexes. With the exception of the four duplex units, all the homes will face Carnation and Dahlia Avenues with an alley paralleling Carnation and Dahlia Avenues separating the two -row lots. The alley exits onto Second Avenue and Dahlia Avenue adjacent to the public open space. The location of the public open space is at the north end of the site. The public open space and alleys are to be dedicated to the City of Newport Beach. The public open space area utilizes six of the existing subdivided lots. The proposed land use is shown in the Draft EIR on Exhibit 3 and in other attachments to this report. M TO. Planni*Mission - 5 Surrounding Land Use The project site is bounded on the north by a small commercial center consisting of a restaurant, realty office, escrow and real estate office, beauty salon, optometrist, and dance studio. To the east is the Sherman Foundation, library, and garden. To the southeast, south and west are two-family and single-family residences. Exhibit 5 in the Draft RIP depicts surrounding land uses and Exhibit G in the Draft FIR gives an nhrial view of the project site. The bordering streets are Fourth Avenue to the north and Second Avenue to the south, which run in an east/west directions and Carnation and Dahlia Avensles on the west and east which run in a north/south direction. The nnarent rnniur roadway is Past Coast Highway, which is approximately 100 f0et to the north. The site is located within the area of Old Corona (lei Mar, which conmiKtr primarily of two-family detached dwellings and duplexes with some single-family residences. The site is currently occupied by the Corona del Mar Elementary School which was closed in June of 19H1. A single-family residence is located at the northerly corner of Dahlia and Second Avenues. The school grounds contain a basketball court, a noftball backstop, and a grass area covering a portion of the site. Fnvironmental Si nificance In accordance with California Environmental quality Act (CE2A), the Statel CF.QA Guidelines and City Policy K-1, a Draft Environmental Impact Poport JDraft FIR) has been prepared for the proposed project. Copies of the Draft FIR prepared by the City's consultants were distributed to the Planning Commission previously and the members of the Planning Commission are requested to bring them to the public hearing. An official review period for the Draft FIR was established by the State and has ended. All comments received as of this writing are attached, no additional comments are presently anticipated. The Citizens Environmental Quality Advisory Committee (CEQAC) reviewed the Draft Environmental Impact Report at their meeting of January 10, 1984. A Draft letter to the Planning Commission and City Council containing their comments is attached. The Draft FIR indicates that the implementation of the proposed project is not anticipated to result in any significant impact on the environment. On accumulative basis, this project and other past, present, and foreseeable future projects will contribute to traffic and circulation problems within the community. GENERAL PLAN Land Use Element The project site is currently designated for "Governmental, Educational and Institutional Facilities". The surrounding area is designated "Two -Family Residential" with "Retail and Service Commercial/Administrative, Professional and Financial Comercial" bordering on the north. The Land Ilse Element does TO: PlanninWmission - 6 not contain any individual policies for this area of Corona del Mar. The applicant proposes a "Multiple -Family Residential" designation for the project site. This designation is necessary to accommodate a single-family residential development at the density created by the lot size of the approved tentative tract utilizing the buildable acreage definitionn of they 1lnwrort Beach General Plan. A detailed discussion of the General J'lan as it relates to the project site is contained on pages 5-10 through 5-13 of the Draft i:Jk. Local Coastal Program Amendment 110. 4 The applicant has requested an amendment to the City of Newl,,rt Reach ixucal Coastal Program/Land Use Plan (LCP/LUP) in order to affect a change from "Governmental, Educational and Institutional Facilities" to "Multiple_ramily Residential" uses to provide for residential development on they Bite in excess of 10 dwelling units per buildable acre. The development is Proposed as single-family with the exception of the duplexes on the four 55' by 118, lots created by vacation of Third Avenue. The "Multiple-Vamily Residential" designation is necessary due to the small lot size which create+„ a density of more than 10 dwelling units per buildable acre. Amendment No . 599 The project site is zoned "U" - Unclassified. If Amendment 11o. 599 is approved, the City will establish Planned Community Development Standards and a Planned Community Development Plan for the development of the Corona del ?JA r Elementary School site. That amendment also includes a change to portions of Districting Map No. 16 so as to reclassify said property from the Unclassified District to the Planned Community District. Staff has reviewed the proposed Planned Community Development Plan and Development Standards and is of the opinion that they are consistent with the legislative intent of Section 20.51 of the Newport Beach Municipal Code. However, Staff would recommend that the following note be added to Section III - "General Notes" of the District Regulations. "That five (5) feet of additional right-of-way be dedicated to the City along the easterly side of Carnation Avenue between Second Avenue and Fourth Avenue for street and highway purposes so that Carnation Avenue will have a 55 foot right-of-way width." The effect of this note will be to require the developer to provide 5 feet of additional right-of-way along the easterly side of Carnation Avenue between Second Avenue and Fourth Avenue. The additional right-of-way will allow for the retention of parking on both sides of Carnation Avenue and provide safer travel lanes for this roadway. In addition to providing vehicular circulation in the area, Carnation Avenue is designated as a secondary bikeway on the Master Plan of Bike Trails. The following chart compares the proposed District Regulations with "R-2" and "R-1.5" District Standards, TOt Plannin*Wlssion - 7 • Front yard ZONING COMPARISON CHAPT P-C 15' Side yard* 40' or less in width 3' greater than 40' width 4' R-2 20' (or as designated on Districting Map) 4' Rear yard 2� 1 240 (adjacent to (adjacent to 20' alley) 20' alley) Eaves (frnnt yard) 2S 2� Height Parking single-family duplex Floor area linit 24'/28' 3 (2 covered) 4 (2 covered) 1.5 x buildable 24'/28' (1 covered) 3 (2 covered) 1.5 x buildable (in Old Corona del Mar) Coastal Pesidential Development Permit No. 5 (CRDP No. 5) P-1.5 20' (or ns designated on Ulatricting Map) 3' 4' Al (ad)acent to 20' alley) "Lay 24' 12il' 2 (i C(A-"rAd) 3 (2 covered) 1.5 x buildable The project applicant has requested approval of Coastal Residential Developeent Permit No. 5 for this proposal in order to comply with the requirements of Government Code Section 65590. The applicant proposes to comply with this section by the provision of 4 rental units on the 55' by 118' lots in the center of the project. These units will be ultimately owned by the 4 property owners who purchase these units from the project proponent. Traffic Study (TPO) The applicants have requested approval of a Traffic Study for the purposes of issuance of building and grading permits in conjunction with the construction of the proposed project. The Traffic Study for the proposed project has been prepared in accordance with Chapter 15.40 of the Newport Beach Municipal Code ("Traffic Phasing Ordinance") and City Policy S-1 ('Administrative Procedures for the Implementation of the Traffic Phasing Ordinance"). A copy of the Traffic Study prepared for the City is included in the Draft EIR for General Plan AmerxIment 83-2(a) which WAS previously distributed. The City Traffic lim TO: Plannin*Imission - 8 0 Engineer determined that 28 intersections might be affected by the proposed protect based upon its size and location. The following chart at:mmarixes the results of the Traffic Study (TPO) for the intersections where project traffic exceeds 1% of the traffic generated from existing develormrit, committed projects, and regional growth on any intersection approach duriliq the 2.5/hour peak traffic period. Intersection Coast Highway at Goldenrod Coact Highway at Avocado INTERSECTION CAPACITY UTILIZATION FOR CRITICAI. Ito-rERSF.CTIONS Existing Existing Existing Plus Plus Growth, Intersection Growth and Committed Capacity Co=itted and Project Utilization Traffic Traffic .7967 .5767 .9066 .6835 .9134 .6932 Mitigation Needed Yes No The traffic consultant has indicated that if a third eastbound through lane is provided at the intersection of East Coast Highway and Goldenrcxf Avenue that the intersection capacity utilization could be reduced from .9134 to .722. The addition of a third eastbound through lane would require the removal of parking on the southerly side of East Coast Highway in the Corona del Mar cccmercial area. Removal of on -street parking along East Coast Highway, in the Corona del Mar area, has been proposed in previous Traffic Studies. The City Council has rejected this measure as unacceptable to the community, its character, and its imago. Construction of an additional roadway southerly of Corona del Mar, such as Pelican Hills Foad, will provide alternative or bypass routes to East Coast Highway in the Corona del Mar area. Such future roadways will reduce traffic congestion along East Coast Highway in Corona del Mar. Additionally, the roadway in this area is a recognized deficiency in the Circulation Element. The Traffic Phasing ordinance (TPO) in Section 15.40.030(d) provides for certain exceptions from the requirements of the Traffic Phasing Ordinance. Subsection (III) provides that: "by a vote by 4/5ths of the members eligible to vote, it shall make a decision, supported by written findings setting forth its reasons therefore, that the benefits of the project, including trip generation reduction, outweigh the project's anticipated negative impact on transportation facilities. The City Council shall not grant the exception under the subsection (III) on appeal or review until it shall have first made the findings required by the subsection supported by an affirmative vote of 4/5ths of its members eliqible to vote." As indicated above, this section of the TPO would allow the Planning Commission to approve the project provided that specific findings could be set forth related to the benefits of the project to the community. This section, sss TO: Planningolmission - 9 ' however, provides that this Finding shall require an affirmative vote of four -fifths (4/5ths) of the Members eligible to vote. "Eligible to Vote" is defined in the TPO ass "all members lawfully holding office except those disqualified from voting due to a conflict of interest." In the case of the Planning Commission or City Council this Mans six (b) affirmative votes would be necessary to pass the proposed Traffic: study with the Finding indicated above. It has been indicated to Staff that. at least two members of the Planning Commission have requested absences from t)►a tweeting of .January 19, 1984. Based on the aforementioned, if at the January 19, 1984 Planning Co= ission tweeting only five (5) members are present, any motion to approve the Traffic Study would fail even if all those preannt voted to approve the project. The Planning Commission's options would ire then to continue the item until additional members were present, approvo the Traffic Study with the vote failing to achieve the required four -fifths (4/5ths) vote, or deny the exemption request portion of the project. The project proponent would then have the right to appeal the decision of the Planning Commission pursuant to Section 20.60.070 of the Newport Beach Municipal Code or the City Council would have the Right of Vnview no set forth in Section 20.80.075 of the Newport Beach Municipal Code. The, ;Ito limits the City Council as noted below: "Such appeal shall be limited to evidence presented before, and Findings of, the Planning Co=ission. The above applies equally to the City Council Right of Review. Based upon the above, it would not therefore be appropriate for the Planning Commission to take such actions so as to not make a determination on the Traffic Study. A referral to the City Council without determination (similar to the Modifications Committee referral to the Planning Commission - Section 20.81.000 of the Newport Beach Municipal Code) therefore is not an option open to the Planning Commission. if the Planning Commission desires a change to the 'CPO to provide such a "Referral" it should take an action separate from those which Are subject of this report. At the City Council meeting of January 9, 1904 the Planning pepartrent at the request of Councilman Agee, prepared a report on the: "Perceived conflict between the Circulation Element of the General Plan and Chapter 15.40 of the Newport Beach Municipal Code "Traffic Phasing ordinance" (copy attached). The City Cotincil has set a discussion of this subject for their January 23, 1984 Study Session. Staff Analysis In evaluating an applicant's request for an amendment to the General Plan, the request trust be balanced with planned growth and development within the iammwediate area and throughout the community. In order to provide the decision makers on this project with the broadest base of information upon which to take action, the Draft EIR provides information on the development potential on other vacant properties within Newport Beach and all Specific Area Plan TO: Planni*Dmission - 10 . (SAP) areas. The Newport Beach General Plan was adopted in 1973 and has been Amended several times. None of these amendments have involved major changes of land use designation within the Old Corona del Har area proposed by this project. A majority of the land in the City is developed today and the existing General Plan is reflective of that development. In fetus of future allowable development, the City of Newport Beach General Plan, Local Coastal Program, and Zoning establish that a majority of the vacant land in the City will be developed for residential development or preserved for recreation and environmental open apace uses. Future allowable higher density reRsido ntial development will be in the older areas in the community or located in r.l()ese proximity to major commercial and transportation centers. The Majority or the future additional allowable development will be as incremental increaees occurring as presently developed properties recycle. The proposed project, if approved, would appear to be consistent with this overall development pattern. The proposed densities are consistent with or less than adjacent properties and the design of the subdivision has not been changed and is compatible with the adjacent land uses. while it appears that the City's ultimate circulation system may not have the capacity to accommodate the cumulative traffic generated by this and other GPA's, infill in the older areas of the City, and regional traffic increases, the overall concept of a single-family development in this area with affordable housing in consistent with the nvorall land Use Plan for this area of the community. Finally, the proposed danstiity (12.73 units per huildable acre) appears cc Patihle with adjacent residential areas. The area immediately adjacent to the project site is developed on crmpnrable lots with single-family dwellings and duplexes. Housing The project, as proposed by the applicant, would provide four (4) affordable housing units. The provision of these units warrants the Planning Coamission's careful consideration of the applicant's request. The four affordable housing units and the project overall exceeds both of the Performance Objectives No. 1 and Ito. 2 contained in the Housing Element by providing a more than 25% increase in housing production and a 10% provision of affordable housing; thereby satisfying Program Objectives No. 3, 3, 6, 7, 6 and 11 of the Housing Element. Recreation and Environmental Open Space Element The General Plan Recreation and Ervironmental Open Space Element (ROSE) was adopted by the City Council on December 17, 1973. At the time initiation of GPA 81-2 was recommended to the City Council by the Planning Commission, it was also recommended that the City undertake a comprehensive review of the Recreation and Open Space Element of the General Plan. Authorization for such a study was subsequently approved and funds were placed in the 1982-83 Budget. An agreement for professional services was entered into between the City and The Planning Center on May 11, 1983 and the work is now underway. In order to facilitate coordination between the consultant and the City, an Ad Hoc Committee was formed consisting of representatives from the City Council, the Planning Commission, and Parks, Beaches and Recreation Commission. It has been the role of the Committee to provide insight, and to convey major . TO: Plannino-mission - it • concerns and ideas regarding the program. The Committee has been has been meeting periodically through the preparation process for the purposes of assisting in design of a user survey questionnaire, reviewing early data and interim work products, and providing feedback to the consultant. It is presently anticipated that a revised Draft pose will to prepared for Committee review on January 18, 1984. The Planning Comissioners on tho Committee and/or Staff will be able to verbally report to the Cosmission at the public hearing (January 1*t, 1984) on this meting. The W.-,r review was precipitated in part by a need to restudy the park provision• in the City particularly in the Corona del Mar area. Corona del Mar has only a very small area of undeveloped land remaining. 'Therefore, each development or redevelopment proposal needs to be closely reviewed by the City to ontablish its relationship to park needs within the area. The closest park to the project site is the Begonia Park, which is approximately 2 acres with lawn area, view benches, and free play apparatus. The Begonia Park iR located at First Avenue and Begonia Avenue which is two blocks south of the project site. The proposed project is not subject to the Park Dedication Grdinance (PDO) because no tentative subdivision crap or parcel map is involved. The tentative subdivision map or parcel map is the triggering measure for the application of the PDO (Section 19.50 of the Newport Beach Municipal Code). It in the opinion of Staff that the applicant, as a condition of the GPA, should be required to pay in -lieu fees related to the PDO notwithstat.dirog the existing subdivision of land. COEElianc.e with Council Policy P-1 (Mello) City Council Policy P-1 states that the City wills 1. Require the replacement of low and moderate income housing units in the Coastal Zone which are lost as a result of demolition, subject to certain feasibility criteria. 2. Require that new housing developments in the Coastal zone include housing for low and/or moderate income households where feasible. The applicants propose to develop 4 dwelling units onsite suitable for the satisfaction of the affordable housing requirements of the State and City. These units will be provided an rear units to the duplexes on each of 55' by 118' lots in the middle of the subdivision. In conjunction with the approval of past projects, the City has required between 10% and 42% of affordable housing units for each project. The following table indicates those projects with affordable housing requirements: Project I Units t Affordable I. Banning Newport Ranch (GPA) 406 lot 2. CalTrans West (GPA) 195 lot 3. forth Ford (GPA) 888 25% 4. Newport Village (GPA) 360 42% 5. Seashore Twnehomes (Horgan) 17 10% 6. Alred Condominiums 50 10% 7. Belcourt (GPA) 168 25% U. Spinnaker Bay 10 10• TO: Planni4cMaission - 12 . As indicated above, all General Plan Amendments, with the exception of the Nanning -Newport Ranch have had requirezaents of greater than lot affordable. The Planning Commission may wish to consider a larger percentage of the units to be provided onsite as being affordable. However, the Plannirul Commission may determine that due to the location, design, and nature of thn proposed use that additional percentage is not required for this GPA. An additional concern is the question of rounding. Staff hen consistently reconwended that ten percent (10%) of the total units be-affnrclahle- (i.e., 14 units x 10% - 1.4 rounds up to 2 units). In the case of thin project the applicant proposes 41 total units and ten percent (10%) of thin total equal 5 units (rounded up 4.11. The Planning Coas,ission needs to balanrn this with other applications (i.e., Coastal Residential Development Permit 110. 4 - 487 Morning Canyon Road) and we would recoamend that a consistent Apyroach be taken. PLANNING DEPARTMENT JAMFS D. HEWICKER, Director By jPTR,Ej' RICO Fnvironmentai Coordinator FT: rma (Previously distributed attachments) A. City Council Minutes - November 14, 1983 B. City Council Staff Report - November 14, 1983 with attachaents 1. Letter from Dave Neish - August 17, 1983 2. Vicinity Mapi Carnation School Site 3. Planning Commission Staff Report - October 20, 1993 4. Planning Commission Minutes - October 20, 19R3 C. Planning Commission Staff Report - December 8, 1983 D. Planning Commission Staff Report - January 19, 1984 1. Carnation Project Draft EIR Attachments: E. Exhibit -A- F. Exhibit -8" G. Draft Planning Commission Resolution No. - CPA H. Draft Planning Commission Resolution No. - LCP 1. Draft Planning Commission Resolution No. - Amendxent Ho. 591 J. Planning Department Report - January 6, 1984 X. Letter - Corona del Mar Chamber of Commerce - December 8, 1903 L. Letter - Planning Department - January 12, 1984 M. The Waterford Collection Planned Con:sunity District Regulations - December 9, 1993 r-1 LJ • AT'TAC-IfP4hT `E EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL W;ERAL PLAN AMENDMENT 83-2(a) COR0gA DEL MAR ELEMENTARY SCHOOL SITE LOCAL COASTAL PROGRAM AMENDMENT NO. 4 A.KENDMFNT NO. 599 TRAFFIC STUDY COASTAL RESIDENTIAL. DEVELOPMENT PERMIT KO. 5 January 19, 1984 A. ENV L P"t.MENTAL IMPACT REPORT 1. Approve the Draft F.IR, City of Newport Beach, Corona del Mar Elementary School Site - Genciral Plan Amendment is342(a) and supportive materials theretot 2. Recommend that City Council certify the Environmental Document is completes 3. Direct staff to prepare a Statement of Facts and State Of Overriding Considerationst and 4. Make the Findings listed below, Findings I. That the environmental document in Complete and has ba,,11 prepared in compliance with the California Environmental quality Act (CEQA), the State CWA Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project, 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project. specific economic, social or other considerations faake infeasible any other potential Mitigation measures or alternative to the proposed project. 4. That the mitigation measures have been incorporated into the proposed project and are expressed as conditions of approval. The FirAings made in regards to approval of the GPA 83-2(a) "Corona del Mar Elementary School site" project EIR apply also to the approval of the General Plan Amendment, Local Coastal Program Amendment No. 4, Amendment No. 599 and the Traffic Study. B. GENERAL PLAN 1. Adopt Resolution No.recoczerding an amendment to the Land Use, Residential Growth, and Recreation and Open Space Elements of the General Plan to the City Council as proposed by the applicant, and incorporating all revisions adopted by the Planning COmmission and incorporating the Findings listed in "A" above of this Exhibit related to this portion of the project. 13 C. LOCAL COASTAL PROGRAM AME MKENT NO. 1. Adopt Resolution No. recommending to the City Council an amendment to the Land Use Plan of the Newport Beach Local Coastal Program for the Corona del Mar School site and incorporating all revisions adopted by the Planning Coamission and incorporatinq the Findings listed in "A" above of this Exhibit related to this portion of the project. D. AMENDMENT NO. 599 1. Adopt Resolution No. recommending that the City Ce)«ncil adopt the P-C Development Plan and District Regulations as indicated in Attachment It and amending portions of Districting Map Nf3. 16 reclassifying the site from the "U" District to the "P-C" Ulntrict. E. TRAFFIC STUDY 1. Approve the Traffic Study, make the following Findings, hosed upon the Facts and subject to the Conditions listed below: Findings 1. That the Traffic Study has been prepared wh-,ch analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project generated traffic will be greater than one percent of existing traffic during the 2.5 hour peak period on any leg of the critical intersections, the intersection will have unsatisfactory level of traffic service at critical intersection which will have an Intersection Capacity Utilization of greater than 0.90. 3. That the proposed project, including circulation system improvements, will cause nor make worse an unsatisfacto rf level of traffic service on a "major," "primary -modified" or "Primarf" street. Facts 1. That there are no practicable or feasible trip generation reductions available for development. 2. That all alternative developments have been found by the City or applicant to be infeasible or unacceptable based upon the information presented at the public hearing. 3. That East Coast Highway is an area of planned deficiency by the adopted City Circulation Element. 4. That the Traffic Phasing Ordinance (TPO) was adopted to permit rsajor development in only those areas of the City where adequate transportation facilities exist, are being implemented, or will be installed in conjunction with the development. 0 0 .0 5. That based upon information presented to the City that phasing of the project in increments to avoid the TPO is not financially feasible nor in the cov=.:nity's best interest as it would prolong impacts on the adjacent neighbors such as construction, noise, dust, etc. 6. That the removal of on -street parking at the intersection of Fast Coast Highway and Goldenrod Avenue is not compatible with the desires of the cov=unity. 7. That the project will only contribute a total of 7 trips to the critical north bound approach at tie intersection of Rant Coast Highway and Goldenrod Avenue during the peak hour. S. That the proposed development is similar in character to adjacent residential development. 9. That the proposed development is of a less dense nature than adjacent residential development. 10. That the applicant will contribute funds for ultimata circulation system improvements as may be required by the City. 11. That the project proposes to dedicate open space to the City of Newport Beach. 12. That based upon the above stated facts and those expressed at the public hearing the benefits of the project outweigh the projects anticipated negative impact on transportation facilities. Condition 1. That prior to the issuance of any building permit for the project, the applicant shall pay their "fair share' of the ultimate improvements to the City's Circulation System as spay be determined by the City. F. COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 5 Findings 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. J. That in order to reduce adverse impacts of the proposed project, all feasible m4 tigation measures discussed in the environmental document have been incorporated into the proposed project. Specific economic, social or other considerations make infeasible any other potential mitigation measures or alternative to the proposed project. 4. That the mitigation measures have been incorporated into the proposed project. 5. That based upon the information presented to the City, if forty-one (41) units were to be developed on -site, four (4) affordable units could be provided on -site. 5. That based upon the information presented to the City, if forty-one (41) units were to be developed on -site there mould be no social, technical, environment or related problem associated with the provision of four (4) of said units as affordable housing) units. 7. That based upon the information presented to the City, if forty-one (41) units were to he developed on -site, four (4) units could be provided as affordable housing units and allow a reasonable return on investment. 8. That development on this site is not exempt from the provisions of State I,aw relative to low and moderate income housing units within the coastal zone. 9. That the approval of this permit shall advise thin applicant and any successor in interest that the provision of affordable housing units on this site is feasible and needs to be assumed In any sale, lease, trade or other use of paid property. Conditions I. That a minimum of ten percent (10%), of the units to he developed in conjunction with the proposed project shall be " ffordable units", selling for no more than three times County income, 1i1G4-vf mWiwil or renting for no more than thirty (30%) percent of the County Kedian income at the time of occupancy. 2. That the affordable nature of the units shall be guaranteed for a period of 10 years. 3. That the affordable housing units be available for occupancy within b months of the occupancy of the first unit. 4. That prior to issuance of any grading and/or building permit, an agreement shall be executed that guarantees the provisions of "affordable units" on -site. Said agreement shall be reviewed by the Planning Director and City Attorney's office, and approved by the City Council. EXHIBIT '9' DRAFT EIR GENERAL PLAN AMENDMENT 83-2(a) CORO.0 DEL MAR ELEMENTARY SCHOOL SITE LOCAL COASTAL PROGRAM AMENDMENT NO. 4 AMENDMENT NO. 599 TRAFFIC STUDY COASTAL RESIDENTIAL DF.VELOPKI-NT PERMIT NO. 5 January 19, 19B4 FINDINGS TO DENY THE A8rflE PROJECT A. ENVIRONKENTAL IMPACT REPORT Findings 1. That the environmental document is complete and has been prepared it compliance with the California Environmental Quality Act (MrA), the State CEQA Guidelines and City Policy. 2. That the contents of the envirormental document have been considered in the various decisions on this project. 3. That in order to reduce adverse impacts of the proponri1 project, al: feasible mitigation measures discussed in the environrental docutrrr,_ have been incorporated into the proposed project. Sp.,cific econrmic. social or other considerations do not crake irifeanihle any other potential mitigation measures or alternative to the proposed project. H. GENERAL PLAN Findings 1. That the proposed project is not consistent with the goals, policies and objectives of the community. 2. That the proposed project will use capacity in the City's circulation system that should be reserved for existing land use comitmenta made by the existing General Plan, Local Coast Plan and zoning. D. TRAFFIC STUDY Findings 1. That the proposed project is inconsistent with the Newport Reach General Plan. E. AMENDMENT NO. 599 Findings 1. That the proposed amendment is inconsistent with the Newport Beach General Plan. /7, • . � • AY'rAIfT wG• RZ50L 10" No. A RLiOI MCm OF TIM KAWINC CCMIISSI011 Cr THE CITY Or NOsroNT Bvtal AtMPOMOM TO THE CITY THAT C STAIR PM}PCbm A1<DR)/l M TO n. M LAM USX, RESIDENTIAL GACVTH. AND MCREATiON AND OPEN SPACE KLZXZM Or T" tRY140R7 B[ACH GINZM, PLAX Rz APOIP=. AND 1N A."FO'IING AND RECCMDOING THAT THE =VI"6eWTAL IMPACT *IPOW V)t" JM to CtOIJUNCTION W.- TIME t1DJWT EL CZIrTIrIZD AS ADq?UTZ AXD COst11ZTI 1APIXOPMrT 00. sl-J(B) COPO A ALL KKR ZJ%MARY SCW)OL SJT[1 rHLl+W. as a part of the development and Implsstentation of the rityes Conoral flan Land Uset lestdantial t,rowth, and Recreation ar.d then apat_e Clasasate have bean preparedr and Vd"ZAs, said Clements and the General plan set forth aolectivee arwl v4Vartinq policies which serve as a guide for the future development ref tke City of Newport Macho and WNtOXA7, pursuant to Section 707 of Epee Charter of the City of %.vi,.,rt leach. the Planning Commiasion has hold a public hearinq to Cr,netd+r w �ertaln smon sent to the said elemont of the Newport beach General plant and WNZVZAS, the Plannirq Commission has reviewed and cenaldered the enviracmental document in making these recommortdational WW, TMZ"rORZ, If IT RCSOLYLA that the Planning Ccmmlesion of the City of Newport Basch does recommiand approval of the Draft CII, City of Newport leach. Corona del Nat Cla wntary School Site - Gertersl flan Aaterwbhont No. E3-71a) and supportive materials therstor and hereby reCcmmenda to the CttT Ccwcil of the City of Newport Beach that the City Cuunctl certify the Ctavircraental DCxtiawnt ae ctmpletel BE IT MUMS RZBQLYCD that the Planning Commission cf the City of Newport Beach does hereby recommend to the City Council of the City of Newport Mach the following amendment to the Land Use Clement as shown on tahlbit 1 attached. Bi IT rtTlrMI RZSOLYED that the Planning Commission of the City of Newport leach dose hereby recommend to the City Council of Newport leach the following amendment to the Residential Gra th xlasrant as shown on Inhibit 2 attached. IS fix IT FUMES MOLVID that the Planning COMISNion of the city of Mewlort leach does hereby reeaassead the delation of the school dosignatiun for the site from the P*creation and open Space 6lrjwnt of the Newport Marh General Plans and EL IT TtIWMR PESOLVt?D that the Planning Comissinn of the City .,f Newport Mach does hereby recoeFeryl to the C►cy Council of the City of Merl„r, Beach that the Cfeller Developrant company ahall cor.trWjtw s negotiated of money to be determined by the City Council. towards the conatrurtir,r, r,f circulation system improvements and d! 17 TU117HL11 RCSOLVLD that the Planninq Cotssission of the City of Newport Mach that the Gfeller flevelolwent Company shall contribute a negotiated sun of money to be datamned by the City but sit less than these fees that would be collected by the Part Dedication ordinance {in wffwrt at the time of issuance of the first hull,iing permitl ONA11A thw pt„,ert 11 av• re"t rad processing of a suLdlvisian saw, to be used for those lo+rir,se■ outlined in the no. kprilarly passed and adopted by the planning Cismtisalon of the City of Newport Mach on the day of 19854 by the following vet•' to wits A7L5 NGCS ABSPOT CHA 1 WAN s tl1116 GECWrAlrft PXR" rV r MA /9 Land Use Element General Plan Amendment 87•-2(a) Adopted Reealution tio. The language of the Land Use Element and the accompanying map ahnll he amended to designate the former Corona del Mar Elementary School situ for Multiple - Family Residential use with a maximum of 41 dwelling units. 1. That 4 units shall be affordable to a county median income family. 2. That prior to the issuance of any building permit for the project, the Applicant shall pay its "fair share" of the ultimate improvements to the City's circulation system, as may be determined by the City. 3. Prior to the issuance of any grading and/or building permits, the applicant shall deposit with the City's Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for construction of sound attenuation barriers on the southerly side of West Coast Highway in the West Newport Area; the westerly side of Jamboree Road between Eastbluff Drive (No.) and ford Road; and the southerly side of East Coast Highway in the Irvine 'Terrace area. 4. That a maximum of 41 dwelling units shall be permitted. 5. That a 44' by 250' open space area along fourth Avenue shall be dedicated to the City of Newport Beach. 6. That a negotiated sum of money to be determined by the City but not less than those fees that would be collected by the Park Dedication Ordinance (in effect at the time of issuance of the first building permit) should the project have required processing of a subdivision Harp, to be used for those purposes outlined in the PDO. A AAA o t' mil' IJ/vlMr^ •r yes Residential Growth Element General Plan Amendment 83--2(a) + drr'./*'—ft,A" A&pted SIS401,055D Pesolution No.MULA& -- --____ �1C�C��`Qr'�C�C7Cr CI°pGE3�� 'p14 rrArC 00 \ ':he language of the Residential Growth Element and the accompanying map shall be amended to designate the former Corona del Mar Elementary School site for !,ultiple-Family Residential use with a maximum of 41 dwelling units. • • I1I3CL1lrIO11 NO. ' 4 •• A USOL 7TION O! THE PLAtdING COM4ISSION Ot TIfL CITY OF nWP0JIT MACH RWOMOWIIIG TO THY CIT7 CJUMCIL A!'►RC1M OP AN AXZXDKQ]!T TO TNL =" COASTAL PROGRAM LUC USL PLAN POR TKZ POMM COWNA ORI. MAR Li.I7taM" SCHOOL SITL InmltAb, the Coastal Act of 1976 requires the City of Newport &each to prnArs a Local Coastal Program, and M71tlm, as part of the develolet*nt arcs inpleaentattcr, of 04 ',vestal Act A Local Coastal Program land Use Plan has been preluredl and MMIZAS. said Land Use Plan seta forth objectives end s.+yyntlng policies which serve as a Tside for the future development in the cu at4l song in the City of Newport beach, and W""'rAS, the Lary! Ufa Plan portion of the Mawport beach Local f7n4st4l Pruira* has been adopted tr/ the City of HewWrt Reach and certified r.f the California Coastal Commmiaston. MOM. THLRLTORC, big IT PlW KD that the Planning Coaetlgglon of th,. ricy of Newport beach racogiinenda to the City Council approval of the Local _watsl Program Land Use Plan for the four Corona dal Mar Rlewentary School sit*, as shown on tahibit 1 attached. Regularly passed ar4 adopted by the Planning Cormmisslon of the City of Newport beach an the day of 1964. by the follovir% vGta, to Vitt AM Chairmant RING Socretaryt PRp" P4ama J12. Local Coastal Program ~ AMOndment No. 4 ti Adopted � b : raA �a Resolution No.CM D C� 'AVII V-4 C-3 r 1-3 En a egg LA AteA Awl �A o The language of the Land Use Element and the accompanying asap shall be amended to designate the former Corona del Mar Elementary School site for Multiple - Family Residential use with a maximum of 41 duelling units. e73 • M4. 122oZ. AI'1ApU�MT •I• 1TlI01! A "SO11RION Or Tilt FLAMING CCMtltslon Or TKE CITY or ampoirr BLACX nCCMGMIPG TirL "'PTOM, Or rLA1rJrIlrG C,CWjsSTcM MtIIOKEIrr No. 5" To TKE Krsmclrr Wkm CITY COUNCIL ?OR ADMIOrs MIrL1LAs, ■■ a part of the development and inplaeontation of the 1.1ry.s Gener&l Plan Land Use and Pesldertlal Growth tleeants have been propa1e41 40d WWZPEA.6, the Newport Mach ► Aictpal Cute yrftvld&4 specific prnjje+ores for the 181pleerntation of Planned Ccwunity sonirrl far prnpertles wLthln the City of Newport Macho and MUM, the Newport Bosch Planning cusmiseion has reYiewd and considered the envirormeAtai docaents in aakinq its recaw,sndationsl NUM. T"11"09Z, DC 1T RL MVIM that the Plsnnlnl C'uaa.lsalon of the City Of Wwwport beach does hag" recaneend to the C1ty Cnur.ctl of the City of Newlort Bosch the follow'" as"ondrent to the /lenn*4 Community Lavelolawnt Plan for the adoption of P-C DevelalYaant Plan and District Requlatinn■ designated as Planning Caersission Aaencment No. 594 an sham on Exhibit 1 attachedl and &sanding portions of Districting. Kap No. 16. so &a to reclassify said property from the Unclassified District to the Planned Coseeunity District. ]teg.ularly passed and adopted by the Planning Cawtasion of the City of Newport Beach on the day Of 1144, t'y the following vote, to Vito AYES Noes ASSMY Choirman7 EIlrG secrsuryl rRUOU iTIma K • • ATTACIMttT ",7" i January 6, 1984 CITY OF NEwpon BEACH PLANNING DEPARTMENT TO i Councilimn Agee "OKt Planning Director SUBJr== Perceived conflict between the Circulation Element of the General Plan and Chapter 15.40 of the Newport Beach Municipal Code (Traffic Phasing Ordinance) Background The Circulation Element of the General Plan, ab it addresses Coast Highway fr MacArthur Boulevard through Corona del Mar, states: 9 y �' 'This segment of Coast Highway from MacArthur Boulevard through Corona del Mar includes proposals for additional street improvements, improved signalization and additional Off-street parking. The Fifth Avenue Corridor was consid- ered and rejected as an alternative because of lack of community support and other considerations. In addition, it will be the policy of the City of Newport Beach to develop additional off-street commercial parking. Traffic deficiencies on this section will be substantially reduced with the construction of the major road network to the north and east, particularly the Corona del Mar Tresway and San Joaquin Hills Road.* On the other hand, Section 15.40.030(1) of the Traffic Phasing Ordinance provides that a finding must be made that a project, including projects along the Coast Highway in Corona del Mar, "will neither cause nor make worse an unsatisfactory level of traffic service on any 'major','pri= ry-modified' or 'Primary' street.' I think it could be argued that this is a conflict between adopted policy - the General plan which recognizes a built-in deficiency, and the Traffic Phasing Ordinance which says a project will wither cause nor sake a deficiency worse, albeit a recognised deficiency. zxc tions . Section. 15.40.030(D)(iii) of the Traffic Phasing Ordinance provides that the Planning Commission and the City Council could grant an exception if by a tour -fifths vote a landing can be made that the benefits of the including trip generation reductions, outweigh the project's anticipated negative impact on the transportation facilities. In the case of the Gefeller Project, these benefits might includes P ��4 460 0.� • • TOs CouncA Agee - 2. • 1. Trip generation reductions realized by developing a single-family detached project in a two -tastily duplex neighborhood. 2. The additional off-street parking spaces that will be provided as anticipated by the General Plan, and 3. The revenue which the School District will receive as a result of the sale of the property. (Maybe the School District could take the point on this.) } Alternatives Barring the existing override and finding of benefit approach, you may wish to raise with the City Cowncil the possibility of ascending the Traffic Phasing Ordinance, Council Policy S-1 (Administrative Procedures), or both. (Copies attached) Traffic Phasing Ordinance Possible revisions to the rrdinance might inFludec 1. Section 15.40.030(D) Exceptions, Add exception for those elements of the circulation systes such an Coast Highway in Corona del Mar where the General Plan acknowledges an existing deficiency. Such an exception night not be ,'a full -on exception but one that might allow a small increase in the unsatisfactory level of service beyond the current 1t level. 2. Section 15.40.030(D) Exceptions. An alternative to 1, above slight be to establish a different set of criteria for evaluating recognized deficiencies such as the "Test of Reasonableness' which is used to evaluate Planned Community proposals which were adopted prior to the T.P.O. 3. Section 15.40.040 Definitions. Change definition of the term 'UNSATISFACTORY LEVEL Or TRAFFIC SERVICE, LEVEL Or SERVICE 'Do or CRITICAL INTERSEMOHe so as to not include those circulation system elements where the City has recognized a built-in deficiency. 4. Section 15.40.050 Procedure. Amend procedures so as to exempt certain deficient intersections or streets from consideration by the City Traffic Engineer. Council poll 3-1 Possible revisions to the policy includex 1. II OUTLINi OF ME'litODOLOGY roR TPArrIC AmLYSES. Exempt those areas with a built-in deficiency from selection by the City Traffic Enginstr for analysis. . 1 ' ' ..4.yr ~.�+�tl���• � • _• -~ .�.`+s.♦'w1u''t.�� 1. ^':i.P ���•~? t -----..�.�. _�_-��' - - � . ' • ^ ....� '�•--ra. t,, ; "_+ ! r� v. �.�� rj '���;7 • ►''f Vim` ^'T ^ ��Y: i � � �. TO: Ca n Agee - 3. Conclusion Th*me are only a few suggestions. If given the go ahead by tho City Council, there say be others which the City attorney, Public works and Planning impartments can identity and report back to the City Council on. I hope this gives you a point of departure. 1�. PAINS D. MILKER 1 ng Director xc: Bob Wynn, City Kanager l do r •ti• *�f.w�:,'i: N. ...1r• .... l��fr• �•.L~r��'. .• • t G! r�.r i M • r77 .AI 'fr.�'�i1a1�';I�T'�`A�~1:c�� �1�•r.1�!', rijry�+..:M.�'!l�!�,f� ,.. ..« _ Fes. . • .��... •. • . ATTACH)= "K- cMe= a(MA A r au alma hldnrl of l�eohle d»d D�.�re Corona del Mar CHAAWER of COMRAME Madas:e Mayor and Council Members 3300 Newport Blvd. Newport Beach, Ca. 92663 Re: Corona del Mar Elementary School Site Madame Mayor and Council Mcwbers: December e, CtPI OFttY _ct� GUt. DEC 91983= E_ maim The Corona del filar Chamber of Commerce is extremely concerned, not only about worsening traffic conditions, but inadequate parking for most of the business district. The Corona del Mar Elementary School Site appears to offer great potential if the developer could be required to dedicate parking (in lieu of park) along 4th Street between Carnation and Dahlia. Such use would appear compatible with the existing parking behind Sherman Gardens. We recosmaend that the lot be metered and that it be used for in -lieu parking fees proposed in the Specific Area plan we drafted and submitted to the City in 1980. If this proposal can be implemen- ted we recomm*nd that the Marguerite - Bayside lot also be metered and used for in -lieu parking. The meter collections and the in -lieu fees could be accumulated for the specific acquisition of other mini -lots in Corona del Mar. We respectfully ask that Council investigate the possibility of this proposal. L2- .L Ta .. { G r,�iit'1M DN/J VOarrs�x Iry EKr. bRar, U ►�� I1q . �' Ch i W. (W a © 0OW I very truly yours, r� ae_�V D. Masters Transportation Chairman 1 MS Eau Coast Highway - Pat Offics Sox 72 • Corolla del Mar, California VA25 • 714/673•4060 • ' A l i Pomm. • m y CITY OF NEWPORT BEACH P.U. BOX 1768. NEW PORT BEACH. CA 92663.3384 PLMNING DEPARTMEM (714) 640-2137 January 12, 1984 Corona del Kar Chamber of Comerce P.O.Sox 72 2855 East Coast Highway Corona del Mar, California 92625 Attention: D. Masters, Transportation Chairman Re: Corona del mar School site Dear Mrs. Masters: Your letter of December 8, 1983 has been referred to the Planning Department for reply. The proposal of Gfeller Development Cos:pany to develop the Corona del Mar Elementary School Site will be heard by the Planning Co mission on January 19, 1984 at 700 p.m. One of the options to be considered includes the use of at least a portion of the site for parking purposes. The Chamber of Commerce is invited to participate in the public hearing process, and your concerns and recommendations as expressed In your letter will be forwarded. very truly yours, UAW,CS D. HEMiC3MR PI&Aping Director JrDH/kk ccs Mayor Hart City Karaqer Planning Comission 3300 Newport Boulevard, Newport Beach 0 . ATTACHMENT "H" THE WATERFORD COLLECTION Planned Community District Regulations January 12, 1984 Planned Cowunity Development Standards for Ordinance No. adopted by the City of Newport Isoncts, 1984, as recommended by the Planning COmmifssion Resolution No. Amendment No. 3/ • • TABLE OF CONTENTS Page. INTRODUCTION 1 LAND USE PLAN 2 SECTION I - STATISTICAL ANALYSIS 4 SECTION II - GENERAL 5 SECTION III - GENERAL NOTES SECTION 1V - DEFINITIONS 11 SECTION V - RESIDENTIAL AREA 12 Sub -Section A - Uses Permitted 12 Sub -Section B - Development Standards 12 SECTION V1 - SIGNS 14 Sub -Section A - Permanent Signs 14 Sub -Section B - Temporary Signs 14 INTRODUCTION The Waterford Collection Planned Community District fair thu City of Newport Beach is in conformance with the Newport Beach General Plan. The purpose of this Planned Community (PC) District ifs t(, Provide for the zoning classification and cluvolopment of the ssiii),lur,t property in accordance with the dovcrlolxnent standardH Kc�t forth herein. The Waterford Collection Planned Community District Regulations consist of one classification of land use, Thor land use will be residential, utilizing a character of single family and duplex housing types. architecture an0 density, and other community facilities compatible, therewith. CI FCRJxrH • Twpcv DEVELOPMENT PLAN asum.'s.oftft *oft PL4mwe.o MW �c� � I an e ll+Ptv SITE PLAN SECTION I - STATISTICAL ANALYSIS Waterford Collection Site planned Community Parcel Mapl Buildablr,2 Maximum lUe Area Net Acres Acrey DU Residential 228,000 4.07 ac. 3.22 ac, 41 units Units sq. ft. (177,289.2 (140,263,2 sq. ft.) sq. ft.) 1Defined as area within property boundaries. 2Dvfined as the entire site within tho project boundary excluding; streets, park dedication, areas with existing tiloPen greater than 2:1, and natural floodplain. Density Dwelling Units per Parcel Net Acre: Dwelling, Units Per Buildable Acre: Percentage of Net Site Coverage Residential 10.07 units per net acre 12.73 units per buildable acre 1. Parking Areas: 4,736 sq. ft. (2.69) 2. Landscape and Pedestrian Circulation (55.1%) - 4- SECTION 11 -- GENERAL Location The Waterford Collection Planned Community encompantif,ji 5.234 gross acres in the City of Newport Beach. The community in bounded by Carnation, Dahlia, Second and Fourth Street& within the unincorporated community of Corona del Mar. Existin Zonin The existing zoning is designated U (Unclassified ). The dvelop ment standards set forth herein will provide for the deveiopment- of the subject property. Pm©nt Land Uses The Waterford Collection Planned Community is designated for residential development. -5- SECTION III - GENERAL NOTES 1. Water Service to the Planned Community District will be provided by the City of Newport Beach. 2. Sewage disposal service facilities to the Planned Community will be provided by the City of Newport Beach, Orange Coiiuty Sanitation District No. 5. 3. Development of the subject property will be undertaken in accordance with the flood protection policies and requirements of the City of Newport Beach. 4. Grading and erosion control shall he carried out in accordance with tho provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 5. Except as otherwise stated in this Planned Community text, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and the various mechanical codes related thereto and other related specification and standard drawings for Public Works construction. 6. Greenhouse windows and other architectural featured judges) to be similar by the Planning Director may extend one (1) foot Into sideyard setback area. 7. That a minimum of ten percent (10%) of the units to be developed in conjunction with the proposed project shall be "affordable units", selling for no more than three times County Median income, or renting for no more than thirty percent (30%) of the County Median income at the time of occupancy. 8. That the affordable nature of the units shall be guaranteed for a period of 10 years. 9. That the affordable housing units be available for occupancy within six months of the occupancy of the first unit. 10. That prior to recordation of the final map, an agreement shall be executed that guarantees the provision of "affordable units" on -site. Said agreement shall be reviewed by the Planning Director and City Attorney's office, and approved by the City Council, IPM ni 11. That all improvements be constructed as required by ordinance or the Public Works Department. 12. That an agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public Improve- ments if it is desired to obtain a building permit prior to completion of the public improvements, 13. That each dwelling unit be nerved with an individual water service and sewer lateral connection to the public; watts and sewer systems unless otherwise approved by the Public Forks Department, 14. That plan check and inspection fees be paid as roquirod for subdivision improvements. 15. That 10-foot-radius corner cutoffs be dedicated to the: public at the corners of Fourth Street and Carnation Aveinuel, Fourth Street and Dahlia Avenue, Second Street and Carnation Avenue, and Second Street and Dahlia Avenue. 16. That landscape plans shall be subject to revicrw and approval of the Parks, Beaches and Recreation Dapartinent and Public Works Department, and that these plans shall providt! for adequate sight distance at street and alley inturner.tions. 17. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 18. That a hydrology and hydraulic study be prepared 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 issuance of any grading or building permits. 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, 19. That a 20-foot width of alley right of way between Carnation Avenue and Dahlia Avenue be dedicated to the City, with the exact location to be approved by the Public Works Department, and that the alley right of way be improved to current alley standards with the design to be approved by the Public Works Department. 20. That all vehicular access to the development be from the proposed alley. 21. That the curb, gutter and aidewalk be reconstructed along the Carnation Avenue, Dahlia Avenue and Fourth Street frontages with Carnation Avenue being widened an additional six feet; that curb and gutter be reconstructed and sidewalk constructed -7- along the Second Street frontage; that street lights be constructed along Carnation Avenue, Second Street and Dahlia Avenue, Fourth Street and Carnation Avenue, and Fourth Street and Dahlia Avenue; and that the existing :street trees be root pruned, or removed and replanted as required by the Parks, Beaches and Recreation Department. 22. Sight distances at all intersections including alleys shall be approved by the Public Yorks Department and Trat fie f:ng lne►er. 23. Development of the site shall be subject to a grading; permit to be issued by the.• Building Department and reviewed by tho Planning and Public Works Departments. 24. A grading plan, submitted to the City for approval, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 25. Prior to grading, an application for haul routes Khali be submitted to and approved by the City'fs Traffic. Engineer which shall include a description or haul routers, accoxrs point:I to the site, and a watering and sweeping; program donig;ned to minimize impacts of haul operations. 26. Grading shall be conducted in accordance with plans prepared by a civil engineer and based on recommendations of a soils engineer and an engineering geologist subsequent to completion of a comprehensive soils and geologic investigation of the site. Permanent reproducible copies of the proposed grading plans on standard -size sheets shall be furnished to the Building Department. 27. An erosion, siltation, and dust control plan, if desired by the City of Newport Beach, shall be submitted and be subject to the approval of the Building Department, and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region, for review. 28. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of project design. 29. Prior to issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in a manner to assure that increased peak flows from the project will not increane erosion immediately downstream of the system. This shall be reviewed and approved by the Planning and Building Departments. M 30. A qualified archaeologist shall be present during pregrade meetings to inform the developer and grading contractor of the results of the APC study. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaoologlat shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. 31. in the event that significant archaeological remains sere uncovered during excavation and/or grading, all work ahall stop in that area of the subject property until an appropriate data recovery program can be developed and implem(intod. The cost of such a program shall be the responsibility of the landowner and/or developer. 32. A paleontological monitor shall be retained by the landowner anti/or developer to attend pregrade meetings and perform inspections during development. The paleontologint shall be allowed to divert, direct, or halt grading in a npucific area to allow for salvage of exposed fossil materials. 33. Prior to issuance of any grading or demolition pormtts, thi. applicant shall waive the provisions of AB 952 related to City of Newport Beach responsibilities for mitigation of archaeologi- cal impacts, in a manner acceptable to the City Attorney. 33. All development shall be designed to eliminate light and glare spillage on adjacent properties. 34. Prior to the issuance of any building and/or grading permits the project shall be required to contribute a sum equal to its "fair share" of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and any other mitigation measures as may be required. 35. Prior to issuance of a building permit, the project applicant shall submit a detailed acoustical analysis of each proposed structure to ensure that attenuation to the required interior 45 CXEL level is achieved. 30. Prior to issuance of any building and/or grading; in this Planned Community, the applicant shall deposit with the City Finance Director a sum proportionate to the percentage of future additional traffic related to the project area to he used for construction of a wall on the westerly aide of Jamboree Road between East Bluff Drive and Ford Road and along the southerly side of Pacific Coast Highway along Irvine Terrace and West Newport. 37. The Fire Department shall review design plans to onsuro adequate access to all structures. MO l� 38. The provision of adequate fire flow shall be reviewed by the Fire Department. 39. A lighting plan shall be submitted for review by the Police Department to ensure adequate lighting of pedentrian walkways and parking areas. 40. Prior to construction of any project, the availability of water and sewer shall be verified by the serving agency. 141. The final design of the project shall provide for incorporation of water -saving devices for project lavatories and other water -using facilities. 42. Prior to the Issuance of any building and/or grading permits all on -site water mains and fire hydrant locations if needed are to be provided an approved by the Fire and Public Works Departments. 43. That notwithstanding any provision of this text the develop- ment on any individual lot shall not exceed 1.5 times the buildable area of the lot. -10- SECTION Iv - DEFINITIONS The following definitions shall apply to the development of the Planned Community. 1. Buildable Acreage shall mean the entire site arcrs+ within the project boundary excluding streets, park dodleation, areas with existing natural slopes greater than 2:1, and natural floodplains. 2. Conventional Subdivision on a Planned Community Concept shall mean a conventional subdivision of detached dwellings and their accessory structures on individual lots where the lot size may be less than the required avorag4t for the district but where the density for the entire Hubdivision meets the required standards and where open spurn areas are provided for the enhancement and utilization of the overall development. -11- SECTION V - RESIDENTIAL AREA These areas are intended to provide residential houning and related community facilities. A. Uses Permitted I 1. Single family dwellings detached. 2. Conventional subdivisions on a Planned Community Concept, as defined in Section TV, Definitions. 3. Custom Lots 4. Condominiums S. Temporary model complex and appurtr,nant 11so-ti (subject to Planning Director and Public Works; Direetur approval). 6. Duplexes (maximum 4 total units) 7. Signs (as provided in Section VI of this Planned Community text). B. Development Standards 1. Maximum Height Limits a. As set forth in Newport Beach Municipal Code 24/28 Height Limitations District. b. Chimneys and vents shall be permitted as set forth in Section 20.02.060 of the Municipal Code. 2. Setbacks from Property Line and Structures a. Front Yard 15, b. Side Yard Less than 40' width 34 Greater than 40' width 40 C. Rear yard 21t d. Setbacks shall be measured from property line. e. Eaves may extend 21 feet into the required front yard setback. -12- :J f. Two car garages with direct access shall he Het back 21 feet from the 20 foot alley eas("ment- 3. Fences, Hedges and walls Fences shall be limited to a maximum height nf nix (B) feet and shall not be allowed above 3 feet in the front or setbacks adjacent to the alley. 4. Trellis Open trellis and beam construction shall be pu MIL ted to attach to the garage or the dwelling structure. Trellis in setback area may extend from the garage or the dwelling structure to the property line if they are open on three sides. In side yards, the maximum height shall be nine (9) feet. Trellis areas shall not be considered in calculating lot area coverage; trellis areas in the sideyard shall not exceed 250 sq. ft. Trellis and beam construction shall be so de"Igned an to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. 5. Parking A minimum of 3.0 parking spaces per single family detached dwelling unit shall be required of which a minimum of two will be covered. Tho third parking space will be considered guest parking. A minimum of 2.0 parkins; spaces per single family attached unit shall be required, at least one of which will be covered. 6. Open Space Open space shall be provided as designated in Section 20.11.040 of the Newport Beach Municipal Code for single family homes and Section 20.15.080 for duplexes. -13- SECTION V1 - SIGNS/RESIDE.N"rIAL AREA A. Permanent Signs 1. Miscellaneous Directional Informational Sign�i Directional/Informational Signs, such as but not limited to "right turn only", "exit", "entruncw, etc., shall be permitted. Said signs shall boy kept to a minimum and shall be designed as a coordinated part of the overall project. Each sign shall not exceed four (4) square feet of sign area. B. Temporary Signs (Prior to and during construction) 1. Future Facility Si ns A sign which informs the viewer, through gruphlc aymbol and verbal reinforcements, of the type of facillty planned for the site. 2. Merchandising Signs A sign which informs the viewer, through graphic symbol and verbal reinforcement, of the facility name, opening data, type of occupancy, owner -developer, and phone number for sales information. -14 - A X FULL CALL • .7anuary 19, 1984 0 NNUTES A. Draft Environmental Ia_ pact Report (publicr Hsari ) -+�- � Item $3 Acceptance of an environmental Dact:ment fQr General Plan Amendment No. 83-2(a), Local Coastal Program Amendment No. 4 and Amendment No. 599. AND DEIR S. General Plan Amendment 83-2(a) (Public Hearing) CPA 83-2(a) - LCP 44 Request to amend the band Use, Residential Grrvth, and A S99 Recreational Open Space Elements of the N "�Ort Beach CDP 5 General Plan so as to redesignate the Corona del Mar Elementary school site from "Covernmental, !.41ucational and Institutional" uses to "Multiple -Family Residential" uses. AND ALL APPROVED C. Local Coastal Pr ram Amendment No. 4 (public CONDI- tlearin2 TION LLY Request to amend the Lane! Use Plan of the Newport Beach Local Coastal Program so an to redesignate the Corona del Mar Elementary School site from "Governmental, Educational and Institutional" uses to "Multiple -ramify Residential" uses. TRAFFIC AND Pm D. Amendment No. 599 (Public Hearin _) Request to establish Planned Community Development Standards and adopt a Planned Community Development Plan for the development of the Corona del Mar Elementary School site. The proposal also includes a request to amend portions of Districting Map ?lo. 16, to as to reclassify said property from the Unclassified District to the Planned Community District. E. Traffic Stud (Public lfaarin ) Request to consider a traffic study in conjunction with the construction of 41 residential dwelling units on the Corona del Mar school site. -2 2- COMMSSOhM • Fis; p=e = FV1. I Motion x Ayes x x x x Absent 11* • January 19, 1%4 rws AES F. Coastal Residential DevelgLaent Permit__.�2. 5 (Discussion) - Raqurst to consider a residential coastal development remit for the purpose of establishing project compliance for the residential development of the Corona del Mar School site pursuant to the administrative guidelines for the implementation of the State Law relative to low and moderate -income housing within the coastal zone. IZCATIONs Lots No. 1-22, Block 531 and Lots No. 1-22, Block 631, Corona del Mar Tract and an abandoned portion of Third Avenue, located on the southeasterly side of Carnation Avenue, between Second Avenue and Fourth Avenue, in Corona del Mar. ZONE: Unclassified PROPONENT: Cfeller Development Company, Inc., Tustin INITIATED BYs The City of Newport Beach OWNER: Newport -Mesa Unified School District The public hearing opened in connection with this item and Mr. Dave Neish of Urban Assist. Inc, representing the proponent, appeared before the Commission and stated that the presentation of the proposed project will take approximately 20 minutes. Motion was made to grant the proponent 20 minutes to present the proposed project to the Planning Ccmission, which MarIOti cAR1tILD. Mr. Doug wood, project Manager, described the proposed project and site plan. He referred to an exhibit which depicted alternative site plans. He stated that the developer presented the proposed project to approximately 70 residents of the surrounding neighborhood and that the residents were in favor of locating the public open space at the northern and of the property. -23- ' i. a .f�}S.'. •M� 4'.. ✓�. ��j', I rl +', G •a x %NIS90NERSMlNl1TES January 19, 1484 w 7l w Cary of Newport Beach Mr. wood stated that the developer is not required to dedicate any public open space under the subdivision Map Act, however, the developer is offering .52 acres for public open space purposes. He stated that the ultimate disposition of the land will be at the discretion of the City. He stated that alternatives would include the .52 acre use as passive open space, parking lot usage, or a combination of both uses. Mr. wood stated that the proposed project will be compatible with the adjacent residential neighborhood. He stated that each unit will include a two car garage, plus an additional tandem stall for each unit. lie stated that the developer has attempted to recreate a Corona del Mar custom style of architecture which will blend with the existing neighborhood. Hr. Neish stated that a Subdivision Map was approved and recorded in 1904 for this parcel. He stated that the proposed project is approximately 50 percent less dense than the adjacent residential developments. He stated that the Planned Conesanity Development Standards for the proposed project will meet or exceed the requirements of the R-1.5 and R-2 Districts in the area of the parcel. He stated that the total project will contain 41 residential units, including the four affordable units. He stated that providing four affordable units satisfies the requirements of the Housing element. Mr. Neish stated that the Parks, Beaches and Recreation Department has expressed no interest in utilizing the subject property as park land and it is the Departments opinion that there in not a demonstrated park need in this area. rurther, he stated that the Parks, Beaches and Recreation Department is concerned with the costs of improving and maintaining the land as a park site. He stated that the developer is dedicating to the City .52 acres for public open space purposes. Mr. Neish addressed the requested Traffic Study and stated that the applicant will be contributing fair share funds to the City for ultimate circulation system improvements. its stated that staff has indicated that the contributions by the developer will exceed $100,000.00. He stated that the project will only be adding seven trips to the northbound only, East Coast Highway/Goldenrod intersection, during the critical p.m. peak hours. -24- �,: ,_ r,. . '.l it �i' :L:yA..:r'• .t:.;t.. ..*,� R+ _ .Ir-At � " C0NUV65 . � January 19, 1984 - iVUWEs A � s � a p City of NeMport Beach Mr. Neigh stated that the proposed project will generate additional revenue for the Newport -Mega Unified School District which will significantly benefit both the school district and the taxpayers of the City. Mr. Neish further stated that the benefits of the proposed project to the ccsssnity, outweight the impacts the project say have upon transportation facilities. He requested that the Planning Commission grant the requested exception to the Traffic Phasing Ordinance. Mr. Neish referred to Page 16 of the staff report, Condition No. 3 relating to the Coastal Residential Development Permit, which states, "That the affordable housing units be available for occupancy within 6 month of the occupancy of the first unit." He stated that the 6 month time from may not be possible, and requested that the developer meet with staff to arrive at a suitable timeframe which can be considered by the City council. Mr. Weigh referred to Page 6 of the staff report, and Page 7 of the proposed Planned Coamiunity text, relating to the five foot dedication of Carnation Avenue. lie stated that they would not object if Carnation Avenue to 8ayside Avenue were to be widened. However, he stated that they object to the widening of Carnation Avenue only at this location because significant traffic hazards would result which would be detrimental to the area. He clarified that they are not necessarily opposed to the dedication, if Carnation Avenue to Sayside Avenue were to be simultaneously widened. l!e requested that if the dedication is to be required, that the Planning Ccamunity text be amended to allow front yard setbacks to occur at 10 feet, rather than 15 feet. Mr. Keith referred to Page 8 of the proposed Planned Community text, relating to street lights, and stated that there are currently no street lights located in this area of Corona del Mar. He stated that after discussions with the residents of the area, they are requesting that the requirements for street lights be deleted. -25- COv1A January 19, 2984 TF$ CL Of :; KAI CALL IN X( Mr. Neish referred to Page 10 of the proposed planned Community text, relatinq to the lighting plan of pedestrian walkways and parking areas, and stated that after discussions with the staff, it was d4termined that this item addresses the dedicated public open space area. He stated that the developer will have no control over the use, design, Loplesontation, or maintenance of the dedicated property and therefore, any requirement of said property would fall Under the jurisdiction of the various City departments. chairman Xing concurred. Mr. Neish stated that the applicant would strongly oppose to being assessed an in -lieu fee, in that the applicant is dedicating to the City .52 acrex for public open space purposes, He reiterated that because a Subdivision Map has been recorded on the property, the applicant is not required to stake this dedication. He stated that imposing in -lieu fees, above and beyond the applicant's dedication, would be considered unfair and excessive, and the price of the residential units would be impacted. Mr. Neish summarized that the proposed single family residential development is consistent with the overall land use plan for the comunity.and the Municipal Code. He also stated that the lot size is compatible with the adjacent residential areas because the proposed project is 50 percent less dense. He stated that the proposed project either meets or exceeds all City residential standards for the zoning in old Corona del Mar. In response to a questions posed by Chairman King, Mr. Ptobert Gabriele, Assistant City Attorney, stated that his office has investigated the validity of the 1904 Subdivision Tract Map. He noted that it has been indicated that a 1949 Assessor's parcel nap delineates only the exterior boundaries of the property and his office was questioned as to the affect of the Assessor's snap on the original 1904 Tract Map. Mr. C.abriele stated that the Assessor's asap was used for purposes of assessing the property on the Assessor's tax roles. FUnher, that the Assessor's snap was generated solely at the convenience of the County Assessor's Office without reference to delineating the -26- �, a a a a 46 a s • Jamary 19, 1964 r'. interior lot line which would otherwise be applicable under normal circumstances in assessing the property. He stated that the Assessor's Office had indicated tsj him that since the property was solely owned by the school district and there there was no anticipated change in ownership or use, it was perceived that tho Assessor's office staff has created the 1949 slap as an appropriate means of simplification for dealing with their concerns only. Mr. Gabriele stated that he obtained this information by contact with Yvonne trances, and Murry Darch, who supervises the drafting technician with respect to that assessment function in the County Assessor's office. He noted that the Assessor's Office had indicated that were the same situation to occur today, the policy of the Assessor's office would be to delineate the interior lines. Mr. Gabrisle concluded that from a legal standpoint, there is no particular significance to the 1949 Assessor's Map for purposes of the actions being requested by the City. Mr. Gabriele then discussed the scanner in which the school district has conveyed, or is in the process of conveying, its interest in -the abandoned school. He stated that pursuant to the Educational Code, procedures are established requiring the school district to notify various governmental entities when they are about to abandon school property for purposes of permitting the governmental entities and quasi_ governmental entities an opportunity to consider leasing or purchasing of that property at a reduced Price for recreational purposes. Mr. Cabriele noted that in the Educational Code, there is a provision for Obtaining a waiver of the requiresient to go through the process of actually making direct contact with the municipality. He stated that it has been indicated to the City Attoraey's office and the Planning Department that the school district made efforts to comply with the Educational Code requirements of notice with respect to contacting the various municipalities and other entities which might have an interest, However, he stated as as a result of preliminary efforts in this regard, that the school district determined it would be in its best interest to pursue State relief from the requirements. The school district then wade -27- ~ES IlUf RDLL CALL M January 19, 1984 "NU ES X x p : City of wort Beach application pursuant to Educational Code Section 13050 to waive certain sections of the Education Code sn that they could pursue opportunities to either sell or lease the property at fair market value. He stated that an application was subuitted in December of 1902, the waiver was granted in January of 1983 and continued in force and affect, up to and including the date in which the Gfeller organisation entered into escrow with the school board. Mr. Gabriele then commented on questions th4t had come to the attention of the City Attorney's office as to the affect of any non-compliance with any of the provisions of the Educational Code with respect to disposition of the school district property. He noted that pursuant to the Educational Code Sections 39382 and 39400, the conveyance of the property without complete compliance with the Educational Code provisions dealing with notice, does not afford an opportunity on the part of municipality or anyone other than the municipality to enjoin completion or execution Of the conveyance. Mr. Gabriel@ stated that the affect would be that the project could not be legally blocked directly, an a consequence of any deliberate or inadvertent non-compliance with the provisions. In response to a question posed by Chairman King, Mr. Robert Lenard, Advance Planning Administrator, stated that the City is currently working on revisions to the Recreation and open Space Element. He stated that the City Council has established an Ad -Hoc Advisory Con ittee for the preparation of the revised Element. He stated that the subject parcel was analyzed in the Process of preparing revisions to the Element and that the tentative conclusions of the City's consultant is that the site is not needed in this area for recreational and open space purposes. He stated that there are tentative reeoasmendations regarding expansion of other sites in the Corona del Mar area for such purposes. -28- t • January 19, 1964 TES s x XUY t Beach Mr. Robert R.ongacre, resident of 701 Carnation Avenue, appeared before the Cosewission. Mr. Longecre expressed his concern that there is excessive traffic congestion on Fourth Street and Carnation Avenue. He suggested that Third Street be extesxled to relief the traffic congestion and provide additional on -street parking. He stated that a parking lot located on the northern and of the subject property ,could be undesirable. Mr. Irwin Fox, resident of 519 Carnation Avenue, stated that the proposed project preserves the residential quality of the Corona del Mar area and deserves a round of applause. He expressed his concern with the possibility of a parking lc= being established at the northern and of the subject property. He stated that a commercial parking lot at this location would be an intrusion into the residential neighborhood and generate litter and au gings, and reduce the property values in the immediate area. He stated that he objects to the proposed widening of Carnation Avenue between Second and Fourth Street and stated that this issue needs to be studied f..rther. He also stated that he concurs with the developer, that the requirement for street lights be deleted. Ms. bee Masters, representing the Corona del Mar Chamber of Commerce, referred to her letter dated January 10, 1994, and stated that the design concept appears to be compatible, is relationship to surrounding properties. She stated that they recosssend approval of the proposed project contingent upon the recoeiended use of the open sphcv dedication for a metered and In -lieu larking lot appropriately landscaped. Ms. Masters stated that the aini-lot concept would best serve the strip cossaercial area in Corona del Mar. she stated that a parking lot vhich is properly maintained and landscaped would be ccnsidere!d a benefit to the residents of the area. Sbs stated that the traffic which will be generated by this project does not appear so excessive as to be unacceptable. -29- e4� eswN • January 19, 1984 &VNUTES 3: s 02 ax 1' �• of t4q aewpor a o S: M CALL x Mr. H. Ross. Hiller, owner of property locat4d at 432 Carnation Avenue, expressed his concern with the traffic congestion on Carnation Avenue, particularly during the summer months, and stated that additional traffic studies are needed in this area. He stated that he is opposed to the use of the dedicated open space as a parking lot. He stated that the proposed project will adversely impact the existing traffic congestion in the area. He further expressed his concern that the school district has neglected to offer this parcel to the City in accordance with the Educational Code. In response to a question posed by Commissioner winburn, Hr. Gabriele stated it is his undarstanding that the City was informally contacted by the school district approximately 15 years ago as to their Interest in the school site. He stated that the lease rate offered at the time was perceived as being extravagant and the City did not have sufficient interest to pursue this matter. He stated that the City was not formally notified pursuant to the requirements of the Educational Code. IN further stated that the City has not been able to locate any correspondence which would support or negate this issue. In response to a question posed by Commissioner Person, Mr. Fred Talarico, Environmental Coordinator, stated that the traffic volumes on Carnation Avenue were identified, analyzed and discussed in the environmental impact report which was prepared for the proposed development. He stated that staff is recoassending the widening of Carnation ?venue because of the analysis of the traffic volumes. Mr. Richard Nichols, resident of $19 Iris Avenue, stated that the school district has not given the City proper notice regarding this parcel. He stated that this will set a precedent for other schools within the City which are currently zoned for high density use. He stated that if the proposed zoning is not granted, the school district will have to offer the parcel to the City in accordance with the regulations of the Educational Code. -30- N1 [S CALL 0 January 19, 19B4 0 Mr. Nichols stated that the subject parcel has had a recreational use on it from the beginning and would best serve the City as a recreational open space use, with a municipal parking lot located on the northern and of the subject property to serve the park use. He stated that this would be a good investment for the City to make. He stated that the City is seriously lacking active park land in the Corona del Mar area. Mr. Nichols then expressed his concern relating to the traffic in this area. He stated that the opening of Third Street would allow for a right turn lane onto East Coast Highway. He also expressed his concern with cross traffic and pedestrian traffic in the iarnediate area. Ile stated that he is opposed to the exception to the Traffic Phasing Ordinance. Mr. Nichols stated that if the proposal ware to be revised to only utilized one-half of the property for R-1 residential units, then Third Strut could be opened, there would less of an impact to tho Traffic Phasing Ordinance, and more active park laud could be utilized. He stated that he would be able to support a revised project such as he described. Chairman King stated that the applicant would have to initially forfeiture approximately $150,000.00 to the school district. Mr. Nichols stated that in his opinion, the school site transaction is contingent upon the zoning approval of the City. In response to a question posed by Commiesioner Person, Mr. Nichols stated that he is speaking on behalf of several members of the Corona del Mar Coamaunity Association. However, he stated that the Association has not taken a position as yet, or drafted a letter on this issue. Mr. Nichols stated that the ",-unity has been misload by the school district on this item. Co■asissioner ilinburn stated that the taxpayers and the residents of the City will all be indirectly benefited by the sale of the school site. She stated that those benefits will help to repair and maintain the City schools. Mr. Nichols disagreed and stated that many of the benefits from the sale of the school site would go to the City of Costa Mesa schools, also. He stated that the residents of the City of Newport Beach will not enjoy the benefits from such a sale. -31- I • January 19, 1984 • Ks. Linda Williams, resident of 508 Begonia Avenue, referred to a letter dated January 18, 1984, subuitteA by the Citizens for Responsible Use of Heighborhor,A Schools. She stated that they are opposed to this property being utilized as a parking lot of any kinA. She stated that the proposed plan shoving a park at the northern end of the property, with no off-streat parking, is favored by the citizens of the area. Kr. Al Learned, resident of 607 Begonia Avenue, suggested that the developer purchase two parcels on Fourth Street and Carnation and construct a parking lot at this location. He stated that in this way, the parking needs of the area could be accoscmodated closer to East Coast Highway, rather than further impacting the residential area. Kr. Bill Markas, resident of 609 Carnation Avenue, stated that the proposed project would greatly improve the overall area. He stated that if a proper buffer were to be established, perhaps a parking area would benefit the area. In response to a question posed by Commissioner Person, Kr. Karkas stated that a 60 foot buffer from the parking area, rather than a 30 foot buffer, would he more compatible with the surrounding area. Kr. Hogne, resident of 426 Fornleaf Avenue, expressed his concern that additional parking will generate additional traffic to the area. Kr. Neish stated that the Third Street right-of-way was vacated by the City in 1944. He stated that the opening of Third Street would only create more traffic problems in the area. He further stated that the Traffic Study contained in the environmental impact report addressed all of the traffic concerns on Carnation Street and all of the streets immediately adjacent to the project, including the analysis of approximately 24 intersections. He also stated that the proposed development will provide alleys which are 20 feet wide, which are far superior to the 14 foot wide alleys which are typically found in the Corona del Mar area. -32- MINUTES I��� 1 1 � ■.ram■�I�p�r-�,1��� .�..,..v.�,......� Mt�liES . January 29, 1984 • of t Beach RW CAU x Mr. Neish stated that the developer is dedicating .S2 acres for public open space use which is above and beyond which would be required by the City. He stated that if a new resubdivision of the property were needed, the City would require the developer to dedicate .44 acres, whereas, the developer is pr"Yed to dedicate .52 acres for public open space use. Mr. Lenard referred to Condition No. 3 of the Coastal Residential Development Permit and suggested the following wording, "That the agreement shall inclode a provision that the occupancy of the affordable units be phased with the occupancy of the market rate units.` He stated that this would also apply to Page 6, rten No. 9, of the Planned Community text. Mr. Donald Webb, City Engineer, stated that 8 foot travel lanes on Carnation Avenue, are not adequate. He stated that staff has suggested that the curb to curb width be widened by 6 feet, to allow parking on both sides of the street and allow for lOS foot travel lanes. He stated that the staff has recomended street lighting for the proposed project, however, he stated that the Planning Co■rnission has the authority to delete this condition. Mr. Talarico stated that staff would not object to a 10 foot setback, rather than it 15 foot setback, when considering the 5 foot dedication by the applicant along the easterly side of Carnation Avenue. Mr. Talarico stated that staff has suggested that the applicant shall contribute a negotiated sum of monty to be determined by the City Council, but not less than those fees that would be collected by the park Dedication Ordinance tin effect at the time of issuance of the first building permit) should the project have required processing of a subdivision map, to be used for those purposes outlined in the Park Dedication Ordinance. He stated that this has been applied to other approved projects within the City, such as the Banning and CalTrans developments. -33- AM Vf.n: ...y. .. -♦♦ .-1� .. .. CQM ... • January 19, 1484 M MAES • • C x r � „ q1ty V1 t Beach !lotion r Ayes Ix x x x Absent I1. In response to a question posed by Co missloner Winbwrn, Mr. Lenard stated that the current park dedication fees would amount to approxinntely $150,000.00. However, he stated that the city is currently in the process of reappraising the park dedication fees. He stated that the applicant would have to contribute the amount of park dedication fees in effect at the time of issuance of the first building permit. A. rh"4IROKME TAL IMPACT REPORT Motion waa made for the approval of the rnvIronmental Impact Report subject to Exhibit "A", as fol:rvx, which MOTION CARRIEDi 1. Approve the Draft FIR, City of New sort Reach, Corona del liar Elementary School Sitr - General Plan Amendment 83-2(a) and supportive materials theretoi 2. Recommend that the City Council certify the Environmental Document is complete; 3. Direct staff to prepare a Statement of Pacts and Statement of Overriding Considerationsi and 4. Make the Findings listed below: Findings 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (cEQA), the State CEQA Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project. Specific economic, social or other considerations make infeasible any other potential mitigation measures or alternative to the proposed project. -34- I Notion IX 0 January 19, 1984 • MINUTES 4. That the mitigation measures have boon incorporated into the proposed project end are expressed as conditions of approval. The Findings made in regards to approval of the rPA 83-2(a) "Corona del Mar Elementary School Site" project EIR apply also to the approval of the General plan Amendment, Focal Coastal Program Amendrent No. 4, Amendment No. 599 and the Traffic Study. D. GENERAL PLAN AMENDMENT 83-2(a) Motion was made to adopt Resolution Na, 1108, recommending an amendment to the Land Use, Pasldential Growth, and Recreation and open Space Elements of the General Plan to the City Council as proponnd by the applicant, and incorporating all revisions adopted by the Planning Commission, and incorporating the Findings listed in "A" above of this Exhibit related to this portion of the project, including that item No. 5 of the Land Use Element Resolution be revised to provide that a 120 foot by 250 foot open space area along Fourth Avenue shall be dedicated to the City of Newport Beach and that the City of Newport Beach designate one-half of the dedicated property for an open space park and the other one-half as a parking lot for approximately 39 vehicles. Commissioner McLaughlin asked if the motion included the provision that the developer be required to pay the necessary park dedication fees. Chairman King expressed his concern with the park dedication fees being imposed upon the applicant. He stated that other projects which were conditioned with Park dedication fees, such as Caltrans, Banning, North Ford and Belcourt, all contained a significant number of residential units, whereas, he stated that the proposed project contains only 41 residential units. He stated that he would oppose the imposition of park dedication fees, in view of the fact that the developer has voluntarily stated that they will dedicated .52 acres for public open space purposes. -35- l72 w 0 January 19, 1984 0 MINUTES 90 Amended Motion Ayes Was Absent :sty of Newwt Beach Commissioner Person concurred with the coss7entn made by ChainWn King and stated that he would amends his notion to not require the developer to pay park dedication fees, which would delete Item No. 6 from the band Use Element Resolution. Commissioner Person stated that he attended the Corona del Mar elementary School. He stated that whenever a residential area immediately abuts a comercial zone, problems related to traffic and parking are not uncommon. fie stated that increasing the buffer zone between the parking area and the residential area should help to alleviate some of the problems. He stated that the use of the dedicated open space as a park area and a parking lot will benefit both the residential area and the commercial uses. Chairmen King concurred. Commissioner KcLaughlin stated that in order to balance the project, there are to be exceptional circumstances to override the Traffic Phasing Ordinance. She stated that she had considered the provision of park dedication fees as a portion of the exceptional circumstances. Therefore, she stated that deleting the prevision of park dedication fees wrrald not be acceptable. She stated that overriding the Traffic Phasing Ordinance would be precedent setting, and this would be the first project in which it had been done. Amended Motion by Commissioner Person to adopt Resolution No. 1108, recommending an amendment to the Land Use, Residential Growth, and Recreation and Open Space Elements of the General Plan to the City Council as proposed by the applicant, and incorporating all revisions adopted by the Planning Commission, and incorporating the Findings listed in 'A" above of this Exhibit related to this portion of the project, including that Item No. 5 of the Land Use Element Resolution be revised to provide that a 120 foot by 250 foot open space area along rourth Avenue shall be dedicated to the City of Newport Beach and that the City of Newport Beach designate one-half of the dedicated property for an open space park and the other one-half as a parking lot for approximately 39 vehicles, and the deletion of Item No. 6 of the Land Use Element Resolution, relating to the park dedication fees, was now voted on, which WENDED MOTION CARRIED. -36- Ik 08 { ;�; . CQM FP. x • January 19, 1984 MtISM E S I I I tif ,,,,,..l GtY Of tj��t Beach Rf U CALL INDEX C- LOCAL COASTAL PPOCPAM A-METMM IT NO. 4 Motion X Ayes x X X X Motion was Made to adopt Resolution lln. 1109, reco ending to the SOLUTION LUTr Absent • City Counctl an ansencfs,rnt to he Land Use Alan of the1109 Newport Beach Local too, Coastal Program for the Corona del liar School site and incorporating all revisions adopted by the Planning Comssission and incorporating the Findings listed in "A" above of this Exhibit related to this portion of the Project, which LOTION CARRIED. D. A MMmENT Hn. S99 Chairman King stated that there is presetntly not adequate space on Carnation Avenue to allow two-way traffic. Mr. Webb stated that if the roadway is no: eventually widened, parking may be prohibited on one side of the street. He stated that the S foot dedication and 6 foot widening of the roadway would at least allow the street parking to remain in this area. COmissioner Goff asked if the requested dedication and widening improvement costs will apply to the developers future fair share contribution to the circulation SYste■- Commissioner Person stated that the costs relating to the development of the proposed project for dedication and widening, will not apply to the developers future fair share contribution towards the circulation system. Commissioner Person stated that he envisions that the number of dwelling units will be reduced by two units, for a total of 19 units, throughout the Planned Cce*1unity based upon the additional 10 feet of dedication. Mr. Talarico concurred and stated that the number of units will be adjusted throughout the P-C text. -37- Fe— 91 � , -- - � - 1: MINUTES EX ill CAU lotion x Ayes I x X X1 IX Absent 0 January 19, 1984 0 Motion was made to adopt Revolution go. 1110, recommending that the City Council adopt the p C Development Plan and District Regulations as indicated In Attachment Is and amending portions of District }Sap No. 16 reclassifying the site from the "U" District to the "P-C' Districts and Page 6, Item mo. 9 of the p-C text be revised as follows, "That the agreement shall include a provision that the occupancy of the affordable units be phased with the occupancy of the market rate units."s provision for the open space park and parking lot area as approved in the General Plan Amendments 10 foot front setbacks along Carnation Avenue, rather than 15 foot setbacks the street light requirement shall be deleteds dedication arA wideninq improvements shall take places and, the total number of dwelling units shall be reduced by two units, for a total of 39 units, throughout the P-C text, based upon the additional 30 feet of dedication, which MOTION CARRIF.D. B. TRAFFIC STUDY In response to a question posed by Comissicner Person, Mr. Talarico suggested that Finding No. 2, relating to the Traffic Study, be worded as follows, "That the Traffic Study indicates that the project generated traffic will be greater than one percent of existing traffic during the 2.5 hour peak poriod on one leg of the critical intersections. The intersection will have an unsatisfactory level of traffic service with an Intersection Capacity Utilization (ICU) of greater than 0.90." Commissioner Person stated that the Traffic Study did not take into consideration the provision of the open space park and parking lot area. He also stated that the Traffic Study was based upon the develapmont of 41 units, rather than the reduction of two units, for a total of 39 units, to be constructed on the site. fie stated that these itms would further s►itigate the impacts of the Traffic Study. -38- RtSOWTION li57. 1110 cam M MA E S January 19, 1984 • i Fii Mi o = co Of Nf'—Wmt Beech you c�u n�o�x Motion Ayes floes Absent Ix Coamissioner Goff concurred with the stat~. ntn made by Commissioner Person. He stated that the following vote on the Traffic Study is significant in that thin may be the first time that the Traffic Phasing Ordinance may be overridden. He referred to Finding No. 1 of the Traffic Study and suggested that the word "nor" be replaced with the word "or". for clarification purposes. Chairman King stated that the Traffic Phasing ordinance provides for an override in exceptional canoe such as this. He stated that this area in Corona del Mar has circulation difficulties because of the way in which it was originally developed. He stated that traffic flows through this intersection because it lnckn the opportunity to be resolved in other areas. Therefore, he stated that the proposed project and its Mitigating measures warrants an exception to the Traffic Phasing Ordinance. Motion was made for approval of the Traffic Study. making the Findings, based upon the Facts and subject to the Conditions listed in Exhibit "A", with the revision to Finding No. 2 as suggested by staff, replacing the word "any' with the word "ono"I and, the revision to Finding No. 3 suggested by Ccwraissioner Goff. replacing the word "nor" with the word "or", which MOTION FAILED. Chairmen King stated that the Traffic Study did not receive the neceasary 4/5ths vote from the Planning Cission, therefore, the Traffic study was not approved. -39— • C0m1VMSSIO�� Mlh>U4S January 19, 1984 • _ ° : G of Newport Beach f -Fou C INXX Motion x Ayes x x x x Absent F. COASTAL RESIDENTIAL DEVELOPMEYrr PIMTT 40. 5 Motion was made for the approval of Coastal Residential Development Permit No. S, subject to the findings and Conditions of Exhibit "A with the revision to Condition No. 3, "That the agreement for the affordable housing units shall include a provision that the occupancy of the affordable units be phased with the occupancy of the market rate units'1 and, that the reference to 41 units be revised to reflect 39 units as approved in the General Plan Aaendment, which MOTION CARRIED, as follows: Findings 1. That the environmental document is complete and has been prepared in cogplinnce with the California Environmental Quality Act (CBQA), the State CDQA Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project. Specific economic, social or other acnsiderations make infeasible any other potential mitigation measures or alternative to the proposed project. 4. That the mitigation measures have been incorporated into the proposed project. S. That based upon the inforvAtica presented to the City, if thirty-nine (39) units were to be developed on -site, four (4) affordable units could he provided on -site. b. That based upon the informticn presented to the City, if thirty-nine (39) units were to be developed on -site there would be no social, technical, environment or related problem associated with the provision of four (4) of said units as affordable housing units. -40- CAU • Jamiary 19, 1984 . 7. That based upon the information presented to the City, if thirty-nine (39) units warn to be developed on -site, four (4) units cotijli be provided as affordable housing units arui Mow a reasonable return on investment. B. That development on this site is not exempt from the provisions of State Law relative to tow and moderate income housing units within the coastal zone. 9. That the approval of this permit shall advise this applicant and any successor in interest that the provision of affordable housing units or. this site is feasible and needs to be assumed in Any nele, lease, tradn or other use of said property. Conditions I. That a minimum of ten percent (10%), of the units to be developed in conjunction with the proposed project shall be "affordable units", selling for no more than three times County median income, or renting for no more than thirty (30%) percent of the County Median inccase at the time of occupancy. 2. That the affordable nature of the units shall be guaranteed for a period of 10 years. 3. That the agreement shall include a provision that the occupancy of the affordable units be phased with the occupancy of the market rate units. 4. That prior to issuance of any grading and/or building permit, an agreement shall be executed that guarantees the provisions of 'affordable units` on -site. said agreement shall be reviewed by the Planning Director and City Attorney's office, and approved by the City Council. -41- ��ws MNIJTES January 19, 1984 • NWAIMS NXx Mr. Doug Gfeller, the proponent, appeared before the Planning Cos=ission. Mr. Gfeller thenked the staff and the Planning Comission for their ties and efforts In evaluating the project. He stated that the project will benefit the City, as well as the immediate neighborhood. Mr. Gfeller stated that for the record, he objects to the decisions made this evening relating to the additional fees and increasing the amount of dedication. He stated that these additional costs can not be borne by small projects such as this. He stated that if the City continues to place the burden of solving the open space, traffic and parking problems on the few remaining parcels within the City, it becomes uneconomical for the projects to occur. Even worse, ho stated that the remaining developments will be forced to take cost cutting steps, which will not be in keeping with the quality of development for the City of Newport Beach. . . . The Planning Commission recessed at 11s10 p.m. and reconvened at 11s15 p.m. • • . -4 2- TPO City Council Meetia .•lebswir 27 19 84 4 Agenda item No. D-3 CITY OF NEWPORT BEACH TOs City Council FFOM: Planning Department SULWT.LT: Public Hearing re ardin s DRAFT ENVIRONMEN-TAL IMPACT REPORT - Acceptance of an Environmental Document for GENERAL PLAN AMEMDM MT No. 83-2(a), LOCAL COASTAL, PROGRAM AMENDMEIrr No, 4 and AMENDMENT No. 599. GENERAL PLAN AMENDMENT 83-2(a) - Request to amend the Land Use, Residential Growth, and Recreational Open Spate Elements of the Newport Beach General Plan so as to redesignate the CORONA DEL MAR ELEMENTARY SCHOOL SITE from "Governmental, Educational and Institutional" uses to *MUltiple-Family Residential" uses. AND LOCAL COASTAL PROGRAM AMENDMENT No. 4 - Request to establish Planned Community Development Standards and adopt a Planned Community Development Plan for the development of the CORONA DEL FAR ELEMENTARY SCHOOL SITE from "Governmental, Educational and Institutional" uses to "Multiple -Family Residential" uses. AND AMENDMENT No. 599 (ORDINANCE No, 84-71 - Request to establish Planned Community Development Standards and adopt a Planned Community Development Plan for the development of the CORONA DEL MAR ELEMENTARY SCHOOL SITE. The proposal also includes a request to amend portions of Districting Map No. 16, so as to reclassify said property from the Unclassified District to the Planned Community District. AND TRAFFIC STUDY - Request to consider a traffic study in conjunction with the construction of forty-one residential dwelling units on the CORONA DEL MAR SCHOOL SITE. AND COASTAL RESIDENTIAL DEVEIAPMEHT PERMIT No. 5 - Request to consider a residential coastal development permit for the purpose of establishing project compliance for the residential development of the CORONA DEL MAR SCHOOL SITE pursuant to the Administrative Guidelines for the implementation of the State Law relative to low -and moderate-inccsw -housing within the coastal zone. TO: City Council -.2 Suggested Action It desired, open public hearing and continue to March 12, 1984. Background On February 13, 1984, the City Council set General Plan Amendment 03-2(a) and Local Coastal Program Amendment Ho. 4 for public hearing on February 27, 1984, The Traffic Study, Amendment No. 599 and Coastal Residential Develolment Permit No. 5 were called up for review by the City Council to be heard concurrently with the General Plan and LCP Amendments. The applicant has requested that this hearing be continued to March 12, 1984. Respectfully submitted, PLANNING DEPARTMEW JAMES D. 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V • QQ i! .lu 1 b � � � � O 1 � ono AQ R° v4 t 41 C di M x C n 9 rr% N w R N ...• A .4 -y to -4 in C V V x � K a • Y Y YR is OP% R T 0 T o T. s q< oe o•e 044 .4 ,s +4 vi r4 N.4 0F4 u.4 u.4 Ic x.4 z44 xs xe ,..A City Council mew March 12, 1984 TO, FROM: SUBJECT, 0 • Agenda Item No. CITY OF NEWPORT BEACH City Council Planning Department Continued Public Hearing Regarding: D- 3 DRAFT ENVIRON14F.NTAL IMPACT REPORT - Acceptance of an Environmental Document for GENERAL PLAN A?M1SENT N()e 83-2 (a) , LUCAL COASTAL PROGRAM AMENDMENT No. 4 and AM I)MENT No. 599. AND GENERAL PLAN AMENDMENT 83-2(a) - Request to amend the Land Use, Residential Growth, and Recreational Open Space Elements of the Newport Beach General flan so as to redesignate the CORD1IA GEL HAR ELEMiTARY SCHOOL SITF. from "Governmental, Educational and Institutional" uses to "Multiple -Family Residential" uses. r'` 9 LOCAI. COASTAL PROGRAM AMENDMENT No. 4 - Request to amend the Land Use Plan of the Newport Beach Local Coastal Program so as to redesignate the CORONA DEL MAR ELFMLI%:ARY SCHOOL SITE from "Governmental, Educational and Institutional" uses to "Multiple -Family Residential" uses. fm7 AHENDMP.NI' No. 599 (ORDINANCE No. 84-7) - Request to establish Planned Community Development Standards and adopt a Planned Community Development Plan for the development of the CORONA DEL MAR ELBMF.NTARY SCHOOL SITE. The proposal also includes a request to amend portions of Districting flap No. 16, so as to reclassify said property from the Unclassified Diatrict to the Planned Community District. AND TRAFFIC STUDY - Request to consider a traffic study in conjunction with the construction of forty-one residential dwelling units on the CORONA DEL MAR SCHOOL SITE. f. R COASTAL RESIDENTIAL DEVELOPMENT PERMIT go. S - Request to consider a residential coastal development permit for the purpose of establishing pro3ect compliance for the residential development of the CORONA DEL MAR SCHOOL SITE pursuant to the Administrative Guidelines for the implementation of the State Law relative to low- and moderate -income haasing within the coastal zone. TO: City Kcil - 2. Suggested Action If desired, a) Sustain the recoemendation of the Planning Coemission with the exception of that recommendation relative to the Traffic Study, and 1) Adopt Resolution No. accepting, approving and certifying the Final Environmental Impact Report as indicated in Attachment Al I} Make the Findings contained in the Statement of Facts (Attachment A, Exhibit 1) with respect to significant impacts identified in the Final EIR, 3) Find that the facts set forth in the Statement of Overriding Considerations (Attachment A. Exhibit 2) are true and are supported by substantial evidence in the record, including the Final EIRI 4) With respect to the project, find that although the Fifral EIR identifies certain unavoidable significant environmental effects that will result if the project is approved, those mitig4tion measures identified in the Certified Final EIR shall he incorporated into the proposed project, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in said Statement of Overriding Considerations (Attachment A, Exhibit 2), giving greater weight to the unavoidable environmental effects, are acceptable) 5) Adopt Resolution No. sustaining the recommendations of the Planning Coamsission and approving an amendment to the Land Use Element of the Newport Beach General Plan, designated General Plan Amendment 83-2(a) (Attachment R)i 6) Adopt Resolution No. sustaining the recommendations of the Planning Coc-ission and approve an amendment to the Land Use Plan of the City's Local Coastal Program (Attachment C)i 7) Adopt Ordinance No. sustaining the recommendations of the Planning Coomission and adopting the Corona del Mar Homes Planned Coamunity District Regulations (Attachment D)l 8) override the requirements of the Traffic phasing ordinance with the Findings of Facts and of Overriding Considerations relative to traffic and circulation included in Attachment EI and g) Sustain the recommendation of the Planning COMMIS sion relative to Coastal Residential Development permit No. 5. OR b) Modify the recommendations of the Planning Comission, making such changes as deemed appropriate. TO: City #cil - 3. • 4R c) deny the project with the Findings indicated in Exhihit 0, • OR d) Continue the hearinq to the City Council meeting of March 26, 1984. Applications The applications as previously outlined will, if approved, permit residential development of the Corona del Mar Elementary School site. The applications include a General Plan Amendment and a Local Coastal Program Amendment to designate the property for Multiple -Family Residential use. Alan requested is adoption of an ordinance to establish Planned Community District Regulations for the site and to reclassify the property from the 'u" District to the "p-C " District. Approval of a Traffic Study and a Coastal Residential Development Pnrmit are also requested. General Plan Amendment procedures are outlined in City Policy Q-1. Amendment procedures are outlined in Chapter 20.51 of the Municipal Corns. Proceduren for acceptance of a Traffic Study are outlined in Chapter 15.40 of the Municipal Code and City Policy &-1. Procedures regarding Coastal Residential Uevelopmont Permits are contained in City policy P-1. Environmental Significance In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Policy K-1, a Draft Environmental Impact Report has been prepared for the proposed project. The Draft EIR indicates that implementation of the proposed project is not anticipated to result in any significant impact on the environment. On a cumulative basis, this project will contribute to traffic and circulation problems in the community. Project Characteristics The project as proposed by the applicant involves the development of forty-one residential dwelling units on the 5,2 gross acre parcel accompanied by a public open space area of .52 acres in size. Third Avenue will not be extended through the project site. The dedication of Third Avenue was vacated by the City of Newport Beach in 1944. The acreage originally involved in that dedication reverted to the lots adjoining either side of the center line. This has created four lots in the middle of the existing subdivision which measure approximately 55 ft. by 115 ft. All other lots in the subdivision measure 30 ft. by 115 ft. The dwelling units on the 30 ft. by 115 ft. lots will be single-family detached units situated on individual lots. The applicant has • indicated that they will resemble the architectural style of Corona del Mar. On the four 55 ft. by 115 ft. lots, the applicant has indicated that he will construct duplexes. with the exception of the four duplex units, all of the hoaxes will face Carnation and Dahlia Avenues with an alley paralleling Carnation and Dahlia Avenues separating the two -row lots. The alley exists onto Second Avenue and Dahlia Avenue adjacent to the public open space. The location of the public open space is at the north end of the site. The public open space and alleys are to be dedicated to the City of Newport Beach. The public open space area utilizes six of the existing subdivided lots. TO: City COcil - 4. 0 Planning Ccmmission Recommendation On January 19, 1984, the Planning Commission recommended to the City Council • approval of the General Plan Amendment, LCP Amendment, zoning Amen4bkent (ordinance No. 84-7), and Coastal Residential Development Permit relativo to the proposed project. In doing so, the Planning Commission modified the prnject propaued by the applicant as follows: 1) A reduction in the total permitted dwelling units from forty-nna to thirty -nines 2) Ar+ increase in the size of the public open space area from 90 ft. x 250 ft. (6 lots) to 120 ft. x 25 ft. (8 lots), to be used for park and public parking purposes; 3) Dedication and improvement of an additional five feet of right-of-way along the easterly side of Carnation Avenues 4) A reduction in the front yard setback from fifteen feet to ten fecti 5) Affordable unite proponed are to be phased with the occupancy of the rarket rate units. The r,lanninq Commission did not recommend approval of the Traffic Study, which required a four -fifths majority vote to override the proiisions of the Traffic Phasing Ordinance. Copies of the Planning Commission minutes and Resolutions are contained in Attachment 1 to the Draft EIR attached to this report. Subject Property and Surrounding Land Use The property in question is a 5.2 gross acre site bounded by Fourth Avenue, Dahlia Avenue, Second Avenue and Carnation Avenue and is currently occupied by the vacant Corona del Mar Elementary School. To the north, across Fourth Avenue, are commercial uses including a restaurant, realty office, beauty salon, optometrist and dance studio. To the east is the Sherman Foundation, library and gardens. To the east, south and west are single-family and two-family residential uses. Analysis General Plan Amendment 83-2(a) If apprcved, the proposal will amend the General Plan as follows: The Land Use Element will be revised to redesignate the site from Governmental, educational and Institutional Facilities to Multiple-Fasmily Residential; the Residential Growth Element will be revised to show the site for Multiple -Family • Residential use as well as make statistical changes; the Recreation and Open Space Element will be revised to delete the designation of the site as an existing school. The proposed designation of Multiple -family Residential is necessary to accommodate a single-family residential development at the density created by the lot size of the existing tract utilizing the buildable acreage definitions of the General Plan. TO: City acil - 5. • LAND USE EL YXIn. In evaluating an applicant's request for an amendment to the General Plan, the request must be balanced with planned growth and development within the immediate area and throughout the community. In order to provide the decision makers on this project with the broadest base of information upon which to take action, the Draft EIR provides information on the development potential on other vacant properties within Newport Beach and all Specific Area Plan (SAP) areas. The Newport Beach General plan was adopted in 1973 and has been amended several times. bone of these amendments has involved najor changes of land use designation within the Old Corona del filar area proposed by this project. A majority of the land in the City is developed today and the existing General Plan is reflective of that development. In terms of future allowable development, the City of Newport Beach General Plan, Local Coastal Program, and zoning establish that a majority of the vacant land in the City will be developed for residential development or preserved for recreation and environmental open space uses. Future allowable higher density residential development will be in the older areas in the community or located in close proximity to major commercial and transportation centers. The majority of the future additional allowable development will be as incremental increases, occurring as presently -developed properties recycle. The proposed project, if approved, would appear to be consistent with this overall development pattern. The proposed dennities are consistent with or less than adjacent properties, and the design of the subdivision has nr)t been changed and is compatible with the adjacent land uses. While it appears that the City's ultimate circulation system may not have the capacity to accommodate the cumulative traffic generated by this and other GPA's, infill in the elder areas of the City, and regional traffic increases, the overall concept of a single-family development in this area with affordable housing is consistent with the overall Land Use Plan for this area of the community. Finally, the proposed density (12.73 units per buildable acre) appears compatible with adjacent residential areas. Tho area immediately adjacent to the project site is developed on comparable lots with single-family dwellings and duplexes. The Planning Ccmmission recommended approval of the General Plan Amendment but reduced the project from the forty-one dwelling units as proposed by the applicant to thirty-nine units. RECREATION AND OPEN SPACE ELEMENT. The General Plan Recreation and Enviror-nental open Space Element (RME) was adopted by the City Council on December 17, 1973. At the time initiation of GPA 81-2 was recommended to the City Ccuncil by the Planning Commission, it was also reco=ended that the City undertake a comprehensive review of the Recreation and Open Space Element of the General Plan. Authorization for such a study was subsequently approved and funds were placed in the 1982-83 Budget. An agreement for professional services was entered into between the City and The Planning Center on May 11, 1983 ar,d the work is now underway. In order to facilitate coordination between the consultant and the City, an Ad Hoc Cocrsittee was formed consisting of representatives from the City Council, the Planning Commission, and the Parka, Beaches and Recreation Commission. It has been the role of the Committee to provide insight and to convey major concerns and ideas regarding the program. The Committee has been meting periodically through the preparation process for the purposes of assisting in design of a user survey questionnaire, reviewing early data and interims work products, are! providing feedback to the consultant. TO: City acil - 6. • The Recreation and Open Space Element review was precipitated in part by a need to restudy the park provisions in the City, particularly in the Corona del Mar area. Corona del Mar has only a very small area of undeveloped land remaining. • Therefore each development or redevelopment proposal needs to be closely reviewed by the City to establish its relationship to park needs within the area. The closest park to the project site is the Begonia Park which is approximately two acres with lawn area, view benches, and free play apparatus. The Begonia Park is located at First Avenue and Begonia Avenue, which in two blcx.ks south of the project site. The proposed project is not subject to the Park Dedication ordinance (PDO) because no tentative subdivision map or parcel map is involved. The tentative subdivision map or parcel map is the triggering reasure for the application of the PDO (Section 19.50 of the Newport Beach Municipal Code). The Planning Commission, in its recommendation for apprnvnl of the proposed project, required dedication of a larger area for public upon space than that proposed by the applicant but did not ask for any perk dedication fees. Loral Coastal Pr ram Amendment No. 4 The applicant has requested an amendment to the City of Newport Beach Local Coastal Program/Land Use Plan (LCP/LUP) in order to affect a change from •Governmental, Educational and Institutional Facilities" to "Multiple -Family Residential" uses to provide for residential development on the site in excens of ten dwelling units per buildable acre. The development is proposed as single-family with the exception of the duplexes on the four 55 ft. by 115 ft. lots created by the vacation of Third Avenue. The "Multiple -Family Residential" designation is necessary due to the =all lot size which creates a density of more than ten dwelling units per buildable acre. Amendment No. 599 The project site is zoned "U" - Unclassified. If Amendment No. 599 is approved, the City will establish Planned Community Development Standards and a Planned Community Development Plan for the development of the Corona del Mar Elementary School site. That amendment also includes a change to portions of Districting Map No. 16 so as to reclassify said property from the unclassified District to the Planned Community District. Staff reviewed the proposed Planned Community Development Plan and Development Standards and is of the opinion that they are consistent with the legislative intent of Section 20.51 of the Newport Beach Municipal Code. The Planning Commission recommended that the following note be added to Section III - "General Notes" - of the District Regulations. • "That five (5) feet of additional right-of-way be dedicated to the City along the easterly side of Carnation Avenue between Second Avenue and Fourth Avenue for street and highway purposes so that Carnation Avenue will have a fifty-five foot right-of-way width." The effect of this note will be to require the developer to provide five feet of additional right-of-way along the easterly side of Carnation Avenue between Second Avenue and Fourth Avenue. The additional right-of-way will allow for the retention of parking on both sides of Carnation Avenue and provide safer travel lanes for this roadway. In addition to providing vehicular circulation TO: City4kncil - 7. i in the area, Carnation Avenue is designated as a secondary bikeway on the Master Plan of Bike Trails. In conjunction with this requirement the Planning Cot -fission also recom:ssaended a reduction in the required front yard setback from fifteen feet to ten feet. The following chart compares the recommended Planner) COmrmunity District Regulations with the "R-2" and "R-1.5" District Standards. ZONING COMPARISON C}(ART P--CC R-22 R-1.5 Front Yard 10 ft. 20 ft. 20 ft. (or as designated (or as designator) on Uistricting on Districting Mnp) Map) Side Yards 40 ft. or less in width 3 ft. 3 ft. 3 ft. Greater than 40 ft. in width 4 ft. 4 ft. 4 ft. Near Yard 2� ft. 2y ft. 2y ft. (adjacent (adjacent to (adjacent to to 20 ft. 20 ft. alley) 20 ft. alley) alley) Eaves (Front Yard) 2y ft. 2� ft. A ft. Height 241/281 240/28, 241/281 Parking Single -Family 3 2 2 (2 covered) (1 covered) (1 covered) Duplex 4 3 3 (2 covered) (2 covered) (2 covered) Floor Area Limit 1.5 x 1.5 x 1.5 x buildable buildable buildable (in Old Corona del Mar) Traffic Stud (TPO) The applicant has requested approval of a Traffic Study for the purposes of issuance of building and grading permits in conjunction with the construction of the proposed project. The Traffic Study for the proposed project prepared in accordance with Chapter 15.40 of the Newport Mach municipal Code ("Traffic Phasing Ordinance") and City policy S-1 ('Administrative Procedures for the Implementation of the Traffic Phasing Ordinance"). A copy of the Traffic Study prepared for the City is included in the Draft EIR for General Plan Amendment 83-2(a). The City Traffic Engineer determined that twenty-eight intersections might be affected by the proposed project based upon its size and location. The following chart summarizes the results of the Traffic Study (TPO) for the intersections where project traffic exceeds one percent of the traffic generated from existing development, committed projects, and regional growth on any intersection approach during the 2.5/hour peak traffic period. TO; City scil - 8. • INTERSECTION CAPACITY UTILIZATION FOR CRITICAL INTERSECTIONS Existing . Existing Existing Plus Plus Growth, Intersection Growth and Committed Capacity Committed and Project Mitiqation Intersection Utilization Traffic Traffic Heeded Coast Highway at Goldenrod .7967 .9066 .9134 Yes Coast Highway at Avocado .5767 .6835 .6932 No The traffic consultant has indicated that if a third eastbound through lane is provided at the intersection of East Coast Highway And Goldenrod Avenue that the intersection capacity utilization could be reduced from .9134 to .722. The addition of a third eastbound through lane would require the removal of perking on the southerly sido of Fast Coast Highway in the Corona del Mar commercial aria. Removal of on -street parking along East Coast Highway, in the Coruna del Mar area, has been proposed in previous traffic studies. Thu City Council has rejected this neasure as unacceptable to the coc=unity, itn character, and its • image. Construction of an additional roadway southerly of Corona del Mar, such as Pelican Hill Road, will provide alternative or bypass routes to East Coast Highway in the Corona del Mar area. Such future roadways will reduce traffic congestion along East Coast Highway in Corona del Mar. Additionally, the roadway in this area is a recognized deficiency in the Circulation Element. The Traffic Phasing Ordinance (TPO), in Section 15.40.030(d), provides for certain exceptions from the requirements of the Traffic Phasing ordinance. Subsection (III) provides thati "by a vote by 4/5ths of the members eligible to vote, it shall make a decision, supported by written findings setting forth its reasons therefore, that the benefits of the project, including trip genera- tion reduction, outweigh the project's anticipated negative impact on transportation facilities. The City Council shall not grant the excepticr. under the subsection (III) on appeal or review until it shall have first made the findings required by the subsection sup- ported by an affirmative vote of 4/5ths of its members eligible to vote." As indicated above, this section of the TPO would allow the City Council to approve the project provided that specific findings could be set forth related to the benefits of the project to the community. This section, however, . provides that this finding shall require an affirmative vote of four -fifths of the members eligible to vote. "Eligible to vote" is defined in the TPO as3 "all members lawfully holding office except those disqualified from voting due to a conflict of interest." In the case of the Planninq Commission or City Council, this means six (6) affirmative votes would be necessary to pass the proposed Traffic Study with the finding indicated above. TOt City Oncil - 9. 0 Consistent with the provisions of the Traffic Phasing ordinance, the City Council called up the Traffic Study for review of the Planning Couaaission action. The TPO limits this right of review to evidence Presented before, and the findings of the Planning Coersission. The findings necaasory to override the provisions of the Traffic Phasing Ordinance have boon provided (see Attachment E). FAIR -SHARE. In the discretionary review of projects, the City has required contributions by developers to the 'fair -share" inprovetnailtes to the ultimate circulation system and also to the construction of sound -attenuation barriers on the southerly side of West Coast Highway in the west Newport area, adjacent to Irvine Terrace on East Coast Highway and adjacent to Easthluff on Jamboree Road. eased on an estimated trip generation of 507 daily trips for the thirty-nine residential units recoccended by the Planninq Commission, the "fair -share" allocation for ultimate circulation system improvement will be approximately $108,498. This figure is based on $214 per daily trip generated. The noise wall fund contribution will he approximately $10,140, based on $20 per daily trip. Conditions requiring contribution to the "fair share" circulation and noise wall funds are included in the Findings and Conditions of Approval. Coastal Residential Development Permit No. 5 The project applicant has requested approval of Coastal Residential Development Permit No. 5 for this proposal in order to comply with the requirements of Government Code Section 65590. The applicant proposes to comply with this section by the provision of four rental units on the 55 ft. by 115 ft. lots in the center of the project. These units will be ultimately owned by the four property owners who purchase these units frota the project proponent. The four affordable housing units and the project overall exceed both of the Performance Objectives No. 1 and No. 2 contained in the Housing Element by providing a more than 25% increase in housing production and a 10• provision of affordable housing, thereby satisfying Program Objectives No. ], 5, b, 7, 8 and 11 of the Housing Element. city Council Policy P-1 states that the City wills 1. Require the replacement of low- and moderate -income housing units in the Coastal Zone which are lost as a result of demo- lition, subject to certain feasibility criteria. 2. Require that new housing developments in the Coastal Zone in- clude housing for low- and/or moderate -income households where feasible. The applicant proposes to develop four dwelling units on site suitable for the satisfaction of the affordable housing requiresents of the State and City. In conjunction with the approval of past projects, the City has required between 10% and 42% of affordable housing units for each project. The following table indicates those projects with affordable housing requirements: TO: City Acil - 10. • Project !1 Units t Affordable 1, Banning Newport Ranch (G?A) 406 lot 2. CalTrans west (GPA) 195 30% 3. • North ford (GPA) 888 25% 4. Newport Village (GPA) 360 42% 5. Seashore Townehoa:es (Horgan) 17 10% C. Alred Condominiums 50 10• 7. Belcourt (GPA) 168 25s B. Spinnaker Bay 10 20% • As indicated above, all General Plan Amendments, with the exception of the Banning Newport Ranch, have had requirements of greater than 10% affordable. However, the Planning Commission determined that due to the location, design are# nature of the proposed use, that an additional percentage was not required for this General Plan Amendment. Pespectfully submitted, PdA::11ING DEPARTMENT JA-4ES D. NEWICKER, Director by PATRICIA LEE TEMPLE Environmental Coordinator PLT/kk Attachments for City Council only: Exhibit "A" - Actions, Findings and Conditions of Approval Attachment A - Draft Resolution - EIR Attachment B - Draft Resolution - GPA Exhibit 1 - Statement of Facts Exhibit 2 - Statement of Overriding Considerations Exhibit 3 - Land Use Element Exhibit 4 - Residential Growth Element Attachment C - Draft Resolution - LCP Attachment D - Ordinance No. 84-7 Attachment E - Findings of Fact and Overriding Considerations for TPO Exhibit "B" - Findings for Denial Draft Environmental Impact Report Attachment No. 1 to the Draft EIR ■ • • C� A • • EXHIBIT "A' ACTIONS, FINDINGS AND CONDITIONS OF APPROVAL AS RECOMMFNDED BY THE PLANNING COMMISSION P..IV I PONKENTAL IMPACT REPORT Adapt Resolution No.� (Attachment A) 1. Accepting, approving and certifying the Environmental Document with the following findings: (a) The City of Newport Brach has prepared a Final Environmental Impact Report consisting of those items indicated in the above Resolution. (b) The City Council of Newport Beach accepts And approves the Final EIR and certifies that the Final EI'r has been prepared pursuant to, and in compliance with, the California Environmental Quality Act (hereinafter referred to as "CKQA") and the State EIR Guidelines (hereinafter referred to as "Guidelines") and fully complies with, and natisfies, n11 of the requirements of CMA and the Guidelines. (c) The City Council of Newport Beach certifies that it has reviewed and considered the information contained in the Final EIR in conjunction with the various decisions and approval associated with this project. (d) That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project. Specific economic, social or other consideration make infeasible any other potential mitigation measures or alternative to the proposed project. (e) That the mitigation reasures will be incorporated into the proposed project. The Findings made in regards to approval of the project EIR apply also to the approval of all other discretionary actions described within this attachment. B. STATEMENT OF FACTS 1. Hake the Findings, contained in the Statement of Facts (Attachment B, exhibit 1), with respect to significant impacts identified in the Final EIR. C. STATEMENT OF OVERRIDING CONSIDERATIONS i. Find that the facts set forth in the Statement of Overriding Considerations (Attachment B, Exhibit 2), are true and are supported by substantial evidence in the record, including the Final EIR. 1 • Exhibit wA• Page Two. D. PROJECT FINDINC'S 1. with respect to the project, find that although the Final F.IR identifies certain unavoidable significant environmental effects that will result if the project is approved, the Mitigation measures shall be incorporated into the proposed project, API all significant environmental effects that can feasibly be mitigatn+l ar avoided have been eliminated or reduced to an acceptable lavai, and that the remaining unavoidable significant effects, when balAnced against the facts set forth in said Statement of Overridinq Considerations (Attachrent B, exhibit 2), giving greater weight to the unavoidable environmental effects, are acceptable. E. GENFRAL PLAN 1. Adopt Resolution No. . (Attachment B) amandinq the Land Use, Residential Growth, and Recreation and Open Space, Elements of the Newport Beach General Plan incorporating all revinions recormmended by the Planning Commission. F. LOCAL COASTAL PROGRAM 1. Adopt Resolution No. , (Attachment C) amending the Land Use Plan of the Newport Beach Local Coastal Program for the Corona del March Homes Site, G. AMENDMENT NO. 599 1. Adopt Ordinance No. 84.7, (Attachment D) being (Ali ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING A PLAIINED CO14CMITY DEVEI,OPIUM PLAN FOR THE DEVELOPMENT OF THE CORONA Del, MAR >rLEKWTARY SCHOOL SITE, AIM AMlMING PORTIONS OF DISTRICTING MAP NO. 16 SO AS TO RECLASSIFY SAID PROPERTY FROM 71fE UNCLASSIFIM DISTRICT TO THE PLOVINED COMMUNITY DISTRICTING (PLANNING COMMISSION AXMMFtEN'T NO. 599) H. TRAFFIC STUDY 1. Approve the Traffic Study for the Corona del liar Homes Site with the Findings and Statement of Overriding Consideration and subject to the Conditions in Attachment E. I. COASTAL RESIDENTIAI. DEVELOPMENT PERMIT NO. 5. 1. Approve the Coastal Residential Development Permit for the Corona del Mar limes Site with the Findings and subject to the Conditions as recommended by the Planning Commission and listed belows /.Z 0 • EXHIBIT "A' Page Three • Findings 1. That the environmental document is complete and has bean prepared in compliances with the California Environmental ?uality Act (CE)QA) , they state CEQA Guideline% 4nd [;)ty policy. 2. That the contents of the environmental dew ua►ent have been considered in the various decisions on this projert. 3. That in order to reduce adverse impacts r,f the proposed project, all feasible mitigation measures diacunned in the environmental document have been incorporated Into the proposed proiect. Specific economic, social or otrmr considerations make infeasible any other potential mitigation measures or alternative to the proposed project. 4. That the mitigation %%insures have been inr..,rie,rated into the proposed project. 5. That based upon they information presented tr, the city, if thirty-nine (39) units were to be developed nn-site, four (4) affordable units could be provided on -site. 6. That based upon the information presented to the City, if thirty-nine (39) units were to be developed on -site there would be no social, technical, environment or related problem associated with the provision of four (4) of said units as affordable housing units. 7. That based upon the information presented to the City, if thirty-nine (39) units were to be developed on -site, four (4) units could be provided as affordable housing units and allow a reasonable return on investment. 6. That development on this site is not exempt from the provisions of State Law relative to low and moderate income housing units within the coastal zone. 9. That the approval of this permit shall advise this applicant and any successor in interest that the provision of affordable housing units on this site is feasible and needs to be assumed In any sale, lease, trade or other use of said property. Cnnditinnn 1. That a minimum of ten percent (10%), of the units to be developed in conjunction with the proposed project shall be "affordable units", selling for no more than three times County median income, or renting for no more than thirty (30%) percent of the County Median income at the time of occupancy. Exhibit "A" Page Four ?. That the affordable nature of the units shall be guaranteed for a period of 10 years. 3. That prior to recordation of the final mar), an agrunrt4+nt shall be executed that quaranteen the provisivnB of "arfordable units" on -Bite. Said agreement shall be reviewed by the Planning Director and City Attorney"s office, and approved by the City Council. 4. That the agreement shall include a provision that thn urt:upancy of the affordable units be phased With the occupancy of the market rate units. • • Attachment A A msouirioN or M CM COLVC1L or THL CITT or 1tConia FM'm CN'RTIrYING A5 Ct]N LrM AIR, X MCATL TM]: rINAL L)r1(Nr[jVQWAI. tKPACr MOW ?OR GLJ2AAl. PLAN M ENEA 1R b1-2(a) wakrAS, Draft Cnviroraental Potart a)-2(a) provided environawntal l"ct aaresaeent of proposed aerndmente to the Lana Use, M stdentlal Growth, and Perre4tion and "n Spacer and rtiLFra1S. DCIN 81-2(al vas prepared in accordance with the C411fornia F.r,vlrnmwntal Quality Act ICZ*AI, the state CIA Cuidellnea and City Council Policy C-11 and WKWAS. DZIR 111-2(al was circulated to the p4bltc for cru ment and r"tew, arui WWZJI.A5, Dr.IN Hl-21a) was reviaweA by the Cttlren's Lnvlronuaental tcwllty Advisory Committee (MAC), and wHIREAS, written ccmosents were received ftcm the r4blic Oral CNAC 1,artnq ar.: after the public review perlrslr OnA H1ltPl.AS, the Planninq Cemmisslun nt the City of Newport Beach rwwducted Vat it hearings to receive all pt:bltc testimony with respect to DEIM 61-21a11 and MAZAS, such comments and testimony were responded to thr"h response to cowaents (Attachment No, l to the DRIP 01-2(a)1 anf staff reports aut"itted to the Plarninq Comission and City Counetl, and MHtAL15, such cosownts and testtwnny were fully and adega4tely responded to in the manner set forth in California Administrative Code section 131" (b), WA inMpEAS, the City Council of the City of Newport Desch has reviewed all onvlrorArntal documentation ccaprising CIA 83.2141 and has found that rim el-2(al considers all envirorarital impacts of proposed Central Plan AsrnQbwnt R)-21s1 and is complete and adsT4 to and fully complies with all tequirements of CDQA and the CZQA Guidelintsr and NM OTAS, the Planning Ccomissiur of the City of Ntrwport beach rerarmerded to the city Council that LIA el-2(41 be certified as adequate and complete, and MHIPCAbt this City Council has reviewed all errvirorseental docum"tation. t,reparod to evaluate the proposed CPA, including all •temrnts of the wineI fig and the recommendation of the Planning Commission. .1- arm, T1fLRMSIR. BZ IT YZ OLVM that the City Council doss heralrry certify Final 110 93-2(4) as ctoplete and adequate in that it addresses all environantal • effects of the prr"aed General Plan A rAftnt and fully a+plies with the fequfzes»nts of the California rnviranreatal Qaality Act and th, C%A :Jkrio:inea, Said Final till 0)-I(s) 1s omposed of the folluwinq alewantat 61 VoLinM i - Draft Cip •nd Technical Appendices c) AttaChaant 1, including cents, raaponsae, aAdltional Lnforaation , Planning ccwRisalcn Staff Report, Plannlnq Crwiaiasion Minutes, and Planning Consiasicn Rasolutions _1 City Council Staff Reports :1 City Council Minutes e7 City Council Resolutions am ordinance f) Cca"ants Sad responses "Calved prior to final action and nr.t contained in A) through i) above. all ct rte ahrwe information has Man and will be on file with the Plannitn ie Nrtaent, City of Mewp<,rt beach, City mall, 7100 uewport Arulevard, lt",ort b*41ch, CA 92663, (714) 610-2197. 0 A:4Y'!D HIS 17th day of March, 1984. AIT"Y, City CLark • MAYOR .I_ /6 • Attaehrrae � "SOLUTION 0% A P=LIlrIG+lt Cr TSE CITY CMIL"L Or Tilt CITY Or Mtm+m BEACH APPWV:NG AMZCMZ M To 'ift L&W 113r, USIDMIAL GROJeM AxD RICRiATIOM AM om SVW9, rL17 n-m or m NEnrPORT REACH GOMM PLA►1 1`00 "M CGUOMA DLL NA! MMS SITE (GIMPAL PLAX ANrXDP=T 67-liall WW?PEAS, Section 707 of th* Charter Of the City of Newport Beach prfei4as that the City Counctl, uP-,n reeasweadation by the Planning Cwalasle., may arA N1 the General Plan, Of any part or element. or Pup thereof, and MHLR►.AS, as part of the develop"ftt and isplementation nf t►-$ rity's r4eneral Plan, the Land tdse, Restdantlal Growth, and Recreation 04 ops% tpaca Elements have been prepared, and WIMWA$, said elewenta of the General Plan set forth Qb,seti we and %6ppnrtinq policies which serve as a guide for the future d*v* k# meni or the Ci:y Of Newport Inesch, and WREPPAS, pursuant to Section 707 of the Charter of the City of sewport N-tch, the Planning COMI salon has held a public heart" to conalZer f*rtain anendeente to the above referenced elements of the Nevport Beach General Plan arA adopted Resolution th, 1108, recorending to the City Courcil c*rtatn cmngee and anendeents in said slesentas ar4 MNERLAS, the City of Mwport beach has, In the General plan arrysinq PlIment, ostabltsh*d policies to increase the production of houstnq to the ctenunity and to provide affordable housirq opportunities in the City, en4 MNI;AL", the City recognises Its responsibility to designate sufficient vacant land for reei4*ntial use with appropriate standards to produce housing at the lowest possible coat consistent with Section 65913 of the Wvernmmt Code, and VNZPZMO it is the goal of the City to provide a balanced C==uAity. with • variety of housing types and designs and hwslnq opportunities for all economic ■*gnent■ of the ctjmm ►lty, and M1{tREAS, it is the "I of the city to preserve and Increase affordable boaalaq for low and moderate income households, and WMRMR It is the policy of tba City to ellaInate conatraints to housing production and increase allowed density, wherever poeslbl•l and WKrA S, it is the policy of the City to provide Incentives to the buildlnq industry to faellltato the provision of housing for low aad so4erst* lneca* households, and .1- 17 ■ wHLFIM, the City of riewpart Beach recognizes the unique opporttolty to Provide affordable hewing an the Corona del rtaz Hoene site# and waR[AS. the residential use on th* Corona del Mar Hoes sit* will ;remote and assist in the development of housing for low om moderate jhrv,me tj-.v*o cldsr and W11kU.S. the realdentlal use on to Corona del Mar Mower sits will ;rear,te h(nwsinq rgTnrtunittes for all yerutns regardless of race, r*liyttm, sex, aarital status, ancestry, national origin, or color# end 11IMPFAS. the residential use on the Corona del Mar newel site will ;rovida for the development of a variety of housinq types and products rnr all income levels of the cememnityl and WNPREAS, the City of Newport Mach recognises the opportunity to require ;rovleten of ntfardable hnusing either cr site in conjunction with residential Sevelopment in the City# and uttr.RFAD, The City of Rewport Beset: has Prepared a final tnvlrnnewntal ,.pact Rwloft IPIJI) in compllancs with th* California Inviroroamtsi Quality apt ILTA) and the state [1P Culdellnes, and "Eky-U. the City Council has reviewed 4r4 considered the certiftad final [rP in making its decision on the proros*d a wndm fit to the Newport hoarh :mars# Plan; and WHFRM, the City Council by this Resolution adopts the stataea!nt of r4Ctl and tit*teesent of CNOFriding Considerations as required by Sectinne Mae and 15O84 of the State [iR Cuidellnesl and WHKP U# the City Council desires to adopt certain wwroloents to the Land rile, Residential Crwth, and Recreation and Open Space sleteents and Maps of the Newport Beach Gereral Plan, as sat forth below, W)W. THEAVOM BL 1T RESOLVED, by the City Council of the City of Mewport leach thatt 1. The City Council sakes the findings contained In the Statement of reds with respect to eigniflcant isgacts Identified in the rinal L1R together with the finding that each fact in support of the titling■ is true and is based upon substantial evidence in the record, including the final itA. The Statement of Facts 1e attached hareta as nhLbit i and 1noorporata4 herein by this reference as it fully set fortis. -7- /9 NMI I. 2T.s City Council finds that the facts set forth in the Sl4t4mest of overridinq Considerations are true and are supported by subst4ntl*1 W',&Mce is the record, including the final CID. Tti Statement of tY,errldlrul f7:-i stdarattons is attsched hereto as Exhibit 2 are! incorporated her*In try thle ref.trereft 41 it fully set forth. I. The city Council finds t►,4t the f►n41 FIR has Id•r,@111M 411 al;rlfirant environmental oqrfects rif tr,a pra)ett and that thmr" ale ,.. tn.,vn ;&.tnnttal environmental impacts rr,t addr.*owi In tho final FIN. 4. Tb* City Council finds that all significant effects t,f tt.a Pr-,ls,+ sr• set firth in the Statement of Facts. t. The City Council finds fist although the final GSM 1,16.+111•s c•rzaln signlflr.4nt environmental aff•ata that rill tesult if the prula.ct la •;1;r­ve4, all slgnitleant effects that can feesitly to avoided u, h*#-v r*rn avnided nr mitigated try the Inla,sition of carallttons an tt* a1,rr,ve.I -*•Atal Flan Amendment snit the lap,el+lr,n r.f mitlgatinn pans=jr*n a• a+t •`p °tatearent of Fact* arxl do flvel ►IR. �. The City rounctl firm trot lr,tnnttal mltlgatlr.n a*e*v,-, 4r4 :,:;act altarnatives rot lnc,jrynratw•! Into tLe projectr vitro r*16,t'A as •:R�aiLle, based uprn slecifir, ecgrrmir., s�clal and other ronside,aIleese es f+•. forth In the Stateaent of racts ar.Z the final EIR. 7. The City Council finds that the unavoidable significant isy:-a .r tA* prr,ject. as ldentlfl*d in the ltatement of Facts, that hay* not near; r..h:ce4 to a level of Insignificance ha -eat bsen substantially r*duced In that, :*riscta by the 1%06Ition of cordittr;ns on the approved C*rnaral Plan Am#Avwnt er,d the imposition of mitigation wraa,ttss. In making its decision rn tie j;rnlowt, the City Council hoe given greater v*ight to the a-r*rss •-r:rora.rntal ippact*. TRe City Council finds that the remaining uAavolsable •iir,ill:ant I"rts are rlcarly outweighed by tMA #4LTjn,wie, social and other t4-.tits of the prr.j*ct, the set forth in the Stataiiant of cn*,rldinq �:traiderat tons. I1. The City council finds th4t the final 6f11 has de4rrtL44 all ,y.asenable alternative* to the project that could feasibly obtain tie basic tt;ecttvss of the project, *van vhan thra* alternatives might impede the attairs'ent of project objectives and sight be once costly. rurthgr, the City -3- 0 0 Council finds that A good fa:t`_ effort WAS 7tade to tr,:orporata alternatives In ta* pr.ptration of tl+a drslt LIe snd all re4srnahle alternative* what, crnaie*reA in the [,view prxess of the flrul CIA ar.; ultiwate daci4t.,,.a On 40 '1e Qr0;4^t. 9. :he City Council !:rds Mat thp protect shrxild t-o apprnve,l 4n.f tr*t ar.) altarn4tive to this acti::+e sbr;"! Mt no approved for thw prnl,tr.t L4wa,) "A the Sr-!-,rw.ttinn contav,.*4 v,. tr.4 final CIiI, toe data tunt4in..i �h tiv �%strar<t of r4rte ant rot t:.* teavu,n• 4•4ta4 in tt.e I-.tbltr racr,rR 4,+t tt✓,4. (:')nt4lrrQ !n the Steteser.t of 7ierrillnq Consldar4tier.s. "' T" City CQUncll !:-da .zst a rtOW faith ♦ftort has tsar. ".I. to arek ast AM incotparate a:: ,ruts of vier !r. ti,a preparAtior< c.f tte ,1►s!t tn.i fir.el t1A 4e indtested :r tse j..nlle record on tf.4 prolact. lnclwllr..t th. flnnl UP. !i. The City Caincii fl-.dr that during tt:r i.:tllr h"Irir,7 i.r•,1044 ..r. '.er,ere: ;Aan Arton Pont tti-.:s the Planting C•.4nisst^r art thr .rvIt"" wf r: _♦ S 'rcurw-!a av4lu41t*4 a rsr.;e a! 41tar.:4t1•+e Iar4 uaa aret trrr"aItla4 v.,1 tr.e prn1e 46 apprrveJ by tt.:s Par;:.•le'., is 1ncl'.4.1 rl'.hlb that r mq& "f • 41tvrr_N lief. 7herefats. "'o :lty "r,inrl: flute tr*t It to not lie, au -try •r. refer the ben,ral Plan Aa,e-.3usnt rs'r `z th, Plartnlnq �CAM16*16n I,,r telr.rt and r*cr.er-er.dation. Th@ ;'ltr rc;r.,-11 has considered the recomend4tirn of t!a P14rr.ir4 Csmiseion in its d.r_t*:c- :n Lre protect. l:. -he City Council l:rCs ar,I 44tarrines that "a. Final xnvlrorusontal Irlert kwpnrt consists of thw l:+:Ieving lccueiantst al VOtusr► i - Draft t!A and Technical Appendices bt AttAchsrtnt No. i, t�alufis� ccrrownts, responses and additional information, Plarnliq Coawission staff gororts, Plannirvl Cnen14alon ninritae, and llar-i A7 Ctwtisslon PApolutirea el City Council Staff Aaports 11 City Council talrrstes el City Council fteeol-tiara and crdlnance ft Ct-'"nts and rasjre.3*4 resvivsri Prior to first action Aral te:t ccntain44 in al thmAh 11 above, • All of tte &have tnloraatirst ta4 twen AM will he on file with the planning «gp,artwnt, City of tf•rw=ort b"Ct, City Kell, 3100 NewPort Poulevard, Narport f+eech, CA 91663, (7141 GJ�-2717, -;- A0 b8 IT rL-Irm i2S+'LM by the City Cousaeil of the City of ltevpert Ae44fs that the .and Vse. Residential Crovth, and Recreation and Orem space Elements at4 tea,-•s are Eereby emended, establishing land uses, policies 4r,41 cnnstr4ints on !aura davelupknt as stown on Yshttit I and tahlbit 4 attact^3. Anne-rL' this 12tt. d4y n! Narch, 1994. A1'rl.' T i iTi7 dory 0 6 • �:iIIfIHIT 1 CEQA FINDINGS AND STATEMENT OF FACTS FEBRUARY, 1984 • SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSED PROJECT IS IMPLEMENTED, FINDINGS WITH RESPECT TO SAID EFFECTS AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED APPROVAL OF GENERAL PLAN AMENDMENT 83-2(a), LOCAL COASTAL PROGRAM AMENDMENT N0. 4, AMENDMENT NO. 599, AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 5. BACKGROUND The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which ? an environmental impact report has been completed and which Identifies one or more significant effects of the project unless � the public agency makeo one or more of the following written findings for each of the significant effect», accompanied by a statement of facts supporting each finding. The possible findings .. are: 1. Changes or alterations have been re aired in or Incor- porated into the a q incor .. P project which mitigate or avoid the significant environmental effects as identified in the •- Final EIR. `s 2. Such changes or alterations are within the responsi- bility and jurisdiction of another public agency and not the agency making the finding. Such changes have been • 6 adopted by such other agency or can and should be adopted by such other agency, �T 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alterna- tives identified in the Final EIR (Section 15090 of the Guidelines), The City of Newport Beach proposes to approve development of 39 dwelling units in the Corona del Mar area (Lots No. 1.22, Block 531, Lots No. 1-22, Block 631). Because the proposed actions constitute a project under CEQA and the Guidelines, the City of ' Newport Beach has prepared an Environmental Impact Report (EIR), This EIR has identified certain significant effects which may occur on a cumulative basis in conjunction with this project and - other past, present, and reasonably foreseeable future projects. Further, the City Council desires to approve this project and, after determining that the EIR is complete and has been prepared In accordance with CEQA and the Guidelines, the findings set forth are made; EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE SURROUNDING LAND USE Impacts The addition of 39 dwellings will be a more intense land use than that of the former school site. Fines 1. Changes, alterations, and other measures have been made in or incorporated into the project, or are otherwise bein$ imple- mented, which will mitigate this impact to a level of insig- nificance in that: a. Landscaping and design will mitigate the appearance of the new units. b. Four affordable housing units will be provtcled according to the requirements of the City of Newport Beach. c. The project will be of a density comparable to but less than the surrounding area. AIR 2UALITY Impacts Pro'ect motor vehicles will cause an incremental increase in po using emissions, mainly carbon monoxide. During construction there will be a temporary increase in released pollutants, includ- ing acid fog incidents. % Findings 1. No Mitigation measures are required. 2. Efforts are under way regionally involving a numer of other public agencies to maintain air quality for the South Coast Air Basin at acceptable levels, including an Air Quality Management Plan, 3. Specific economic, social, or other considerations make •• infeasible mitigation measures or project alternatives not selected in that: • a. Imple:aentation of all project alternatives will create an environmental effect similar to that of the project. Differences will be roughly proportional to the number and types of buildings permitted, hence the number of motor vehicles serving the project. • 4. The remaining enviromental effect is acceptable when bal- anced against the facts set forth in the Statement of Over- riding Considerations made below, giving greater weight to the remaining, unavoidable significant effect, and in view of the following fact. a. Impacts identified are considered significant only on a Cumulative basis resulting from the proposed project in association with other projects occurring on a local and regional scale. 5. Mitigating air quality problems associated with any residen- tial development depends upon the effectivenesu of public education, the cost of living, and the vagariers of human nature. It is difficult, if not impossible, to force people to maintain their motor vehicles in good operating condition; try conserve energy (hence reducing emissions from space and wacer heating, as well as power plants); to cut down un- necessary driving; to barbecue outdoors lean often; etc. Perhaps some of these actions can be accomplished through effective homeowners associations, the local and regional press, the schools, parental guidance and exlimple, and com- munity leaders setting good examples. 6. A watering and sweeping program shall besubmitted with the grading plan to insure minimization of dust from construction activities. 0 SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT HE . AVOIDED IF THE PROJECT IS IMPLEMENTED TRA FF I C Impacts The Traffic Study indicates that the project generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on one leg of the critical intersections. The intersection will have an unsatisfactory level of service with an ICU of greater than 0.90. Findings 1. Changes, alterations, and other measures have been made in or incorporated into the project, or are otherwine being imple- mented, which will mitigate this impact to a level of insig- nificance in that; a. The project will contribute a sum equal to its "fair share" of future circulation improvements an shown on the City's Master Plan of Street and Highways. b. The project is reduced from 41 units to 39 units, a 57, reduction. c. The Pacific Coast Highway area of Corona del Mar is a designated planned deficiency. d. Alleys shall be 20 feet in width. e. Pedestrian access shall be facilitated by sidewalks on site. �s STAIENT OF OVERRIDING CONSIDITIO HS MINT 2 The California Environmental Quality Act requires n public agency to balance the benefits of a proposed project against its unavoid- able environmental risks in determining whether to approve the project. The City of Newport Beach has determined that the unavoidable environmental risks of this project arcs acceptable when balanced against the benef its of this project, giving greater weight to the unavoidable environmental risks. In making this determination, the following factors and public benefits were considered or decisions made: 1. The proposed project represents the expansion of an existing use located in a deve loped area where adequate f ac i I i t ies and services are available. 2. The proposed project in consistent and compatible with other existing and proposed uses in the vicinity of the project and the community in general. 3. Alternatives to the proposed project describasi in the EIR would not avoid unmitigated environmental effects because all alternatives except the no project alternative involve expansion of the existing use. G. All impacts identified as significant which are associated with this project are regional in nature, and the project's cumulative contribution to those impacts is considered nom- inal and acceptable from a regional perspective. 5. The proposed project implements the City housing Element objectives as follows: a. To promote and facilitate the improved capability of the private housing industry to produce and provide housing for the population of the city. b. To promote the development of an increased level of new housing production, consistent with sound planning and environmental standards. c. To achieve an appropriate balance between employment and housing. 0 d. To promote and assist in the development of housing for low and moderate income households. e. To promote housing opportunities for all persons regard- less of race, religion, sex, marital status, ancestry, natural origin, or Color. f. To provide for the development of a vaciety of housing types and products for all income levels of the commun- y• z4 Specific Statement Overriding Traffic Impacts and the Traffic Phasing Ordinance 6. The project is located in an area of the City already • designated a "planned deficiency." The project site repre- sents one of the last available parcels in Corona del Mar for development. Retention of this parcel as a non-residential use will not ameliorate the: planned deficiencies anticipated for roadways in this vicinity. 7. The project has been reduced from 41 units to 39 units to mitigate, as much as is feasible, the adverse traf f Ic effects which wil1 be realized by the introduction of traff Ic into an area of planned deficiency. 8. That a "fair -share" contribution to the completion of the City's circulation system is required. 9. The project will, by allowing the sale: of a surplus school site, generate revenue for the Newport Mesa Unified School District. 10. The property will be returned to the property tax rolls any: generate additional property tax revenue,. 11. Four affordable housing units will be provided in the deve- lopment. 12. The project will dedicate land to the City for public open space. 13. The project provides an area which can be used for a public parking lot offsetting areawide impacts by providing parking relief to this area. 0 • 0 atr •• OftAIA Land Use Element , General Plan Amendment 83-2 (a) Adopted -.�.� � � 4�] �� Resolution No. � C� �r] N9EmC� dw-ve vfj� MCI X • _ c� EaLlC� c� R IEIL 1 i�� �ii• 1..; 0001 OL The language of the Land Use Element and the accompanying reap shall be amended to designate the former Corona del Mar Homes site for Multiple- Family Residential use with a maximum of 39 dwelling units. 1. That 4 units shall be affordable to a county median income family. 2. That prior to the issuance of any building permit for the project, the applicant shall pay Its "fair share" of the ultimate improvements to the City's circulation system, as may be determined by the City. 3. Prior to the issuance of any grading and/or building permits, the applicant shall deposit with the City's Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for construction of sound attenuation barriers on tho southerly side of West Coast tiighway in the West Newport Areai the westerly side of Jamboree Road between F.astbluff Drive (No.) and Ford Roads and the southerly side of Eant Coast Highway in the Irvine Terrace area. 4. That a maximum of 39 dwelling units shall be permitted. 5. That a 120' by to the City 250' open space nrea Newport along Fourth Avenur shall he dedicated of Beach. The City shall designate one-half of the drrlicated property for an open space park and the other one-half as a parking lot for approximately 39 vehicles. zP . I'MIBIT A • • Residential Growth Element General Plan Amendment 83--2(a) AcJartecJ f�o�;c.lution tia. ==,;;W JCUM s�VIAC9G5C�C C�3C3�C3C � �;6�G7C�C7C�C76 �; U�� ' C�C�f�CaE :`�C9�3��9C3C34�'DGL',C�C�C °c°��Ga��a6�5dEa� � GI", Q \N5..\ r uiti/'? _ v The lanquagr* of the Residential Growth Element and the 4cr•rApnnying map s17n11 be atmendnd to designate the firmer Corona dal Mar Homes site for Multiple -Family Residential use with a maximum of 39 dwellinq units, it Attachmat C AI;.OL17T1U1 tIQ, • A P%',r)LlIT. Itihh n7 :'HC cin uo,,i[;II, or INS CITI ur hrtrt• r. t lA. M APPI4,VIN. A)4r.'rMF?r NO. { M SML hrWPO" hPA,_,i LOCAL ct+wrrit. ?W-;PAM IA:rj USr PIJUI KU Tit? MW-44A L'[L MIAR FtC,MCr SIrr., ffrf►P►AS, the Cnaatal Art of 11070, rwjuires the City of Newp,rt a.%; h to rr+r-r• s local rnaetal rrrslraa, ar,d triXkf'AR, as a part at tha dev«lnrwnnt arul L>•Ileuantatinn ,,f th. �•,1sta1 14', a NA -al Coastal Prcgr4m Lard Use Plan has Lvon prepared, and allf.W AS. ■ald I4r<l Coo Plan sets forth rhlertives anal ■uPt"IV110) 1-,ltrles serve as s gnlde fur the future davelopmnt In the coastal tot,• In the of Newport haa.t,, and rhCP/A9, the Ylarnlnq Coo isslon her teld a public hearirq to k— ells a ­rtaln .sr,ndoont to the Iocal Cr,astal Prngraw I.tnd uae flan vet .1�.t.•w' :atnlutinn Nn. 11U't 1ec,.eetendlrn,l to it.* city rc,uncli rertaln gamut—. +ra �,ctl Crestal Pr,rlras, Lead Use Plan In a IAubllc haarinq, and WHt:RTAS, the City Council reviewed and rert II Led the .hv 11,-,0wn+.. *4cnwnt when ronsidering said ampndtent. tit.tt, TNi!kYrnl?., KC IT RkfWI.VM that the amity Cokincil of the ity of SOOT-C-rt 114406 does hereby apprnve the Inc41 C04stal Pr"Iram Land Ls. i•11n A -- want No. {, as sh(mn on Exhibit 1 alt4ch@4. IZCPTCD this 12th day of March. 1104. MAYOR 0 k''L9T r :Icy Clerk 3° •. � • LAil1UL 1 al i ( ! Vri • m JtfA'�E1L 4i ie Local Coastal Program Avwndment tlo. a .rJG'" ""•"" PA Adopted` a : s � C§[Cg C�E�Cr � Resolution No.� ��Cj1C3 OEM �) 7 r vnOE2C2r/3E2E3 C-3 LA `.�'•�`�®% �ti 'per :__ -� . The ldnquage of the land Use Fluent and the accorpan71ng m4l, ahall be umendad to denignate the former Corona del Mar Homes site for Multiple- Family Residential use with a maxiaur of 39 dwelling units. �J 31 �J f u Ai► oRnImmex cr TYt CITY cr hear, n >+sAcm APGFT11bG A PLA MED CfjKXITY DrM.4 r=T PiJ%lt >"011 THt =r1"CzFgQ71r Of THY MVUA LZL MAR ZLLN T"y SCh00I. SITE, ANts APMUDING IKV-ICUS Cr DISTPiCT:NG MAP 00. 16 SC At TO PECIASSIrY SAID rp n THt LWLA sttIxD 31MICT TO THl PULV"D CLe0 MITy Djm'CT ItLJtNWIW: COMMISSION AAZxc4tt3r: No. In Tt» City CrunCll of it-* City of H.rn'Prt hearn WES UN4111 sa t toilwa� SLC—..L l I.. The follwinq dcmcrlhad real prrnerty ircatad it the C.ty of aawport beach, County of ()rang*, state of California, :,ots : to 24, tGth irclustva, in Birx-i 511 r.f 'Cr,rona doi riar,' as snnwr, un a yap recnnled In Rork ], Pages 41 and 41 "t alacellarfous Maps, eeeorRa of Grange County, Califorrtsi ask! seta . to 22, bath ►n-.luat•re to E1rwa 6i1 of 'Corona dal rear.' as GPA%M on a map reca(de4 in OGGR 1, isles 41 and 4/ �t ":s:allar*uus xaps, P*Mris of Orange County, California, artil A:. t.r.at potion of "turd Avenue Itormarly ;Sth Place) %a feat tr. width, eatendirg r+tre*n tree pro.onrlatlnn of rr, scxthesslerly 11A* of Carnation Avenue Ifonswrly loth Averr;ei aral tN4 pralongatton of tt.* northwesterly line Of Dahlia Avenrw Herwrly 31at Avenaa) , as sham upon a map of Cr,rrsna del Mat, recorded in kwA 1. Piges 41 and 42 rf Mtscellarutrus MAP*- Aeccrds of Orange County, California, and abandoned by 04 C:ty of Newport Hach by Aesolution recorded Deeotsbwr d, :{{{ in Goal I196, Palle 6 of Otflctat Pacorda as st"m CA Dtatrictlnq Map No. 16, retorted to in Soctton 20.01.050 of the gewport Pasch Municipal Coda, and by such reference made a part of Title 2U of said Coda is hereby aaanded to change the land use designation of acid property frra, the U District to the P-C District, and is also aa»rded to establish a Planned Cosmunity District lame delinaatirq the 40volopmeet C metraints on the parcel attached herson AS tihibit 'A'. UCTlta Z. The Planning Director of the City of Newport theorn is hereby 1,eatrocted and directed to eharr2* Dietrictlnq Map No. 16 to reflect said change as deecrlboj in section 1 hareof, An4 as said Districtthq Map shall have been so amended, the sae,s shall be in fall forte sad affect and be a part of Title 40 of the Newport death Municipal Ccde. IA BW Ic" 1. -U Planning Director of the City of Newport Meath is also berate/ instrwteC and directed to show acid Planned Coeaunity District Teat on said property and P-C District as descttbod harsh, ateriei ar4 as said P-C District shall have hare, so aNwedrd, the aaar stall i"a in lull force and affect and t,e s [art of Title 20 of the ►ievrnrt ileach Municipal C-4e. Ar-710M 4. This Grdinanee shall Le y.Aliahed r in t1e Official aawsPaper of the City and the now er.sll be effective 30 days M &,!or the date of its adoption. -his Ordinance wa introduced at a redr,lar meeting of tha City C`4"il Of the Clty of Mewport Beach held r,r. the day Of , 19b4, aryl was adopted an the day of , 1984, Ly the following vote, to wit, AYti, E";V.ILAX"1rP- • W)IS, cm-Mcnat.MBCP.; ASS$NT, Cm-slCl:n"as MAYON ATTESTi CITY CLAkx 4/ll/d4 ► okk -_- 33 L • • • • • 11 CORONA DEL MAR HCAMS PIAO nod CO=Untty District ReCuliations Jaauary 19. 1964 31 f • • Planned Community Development Standards for Ordinance No. adopted by the City of :iewport Beach, 1984. as recomended by the Planning Commirsios Resolution So. Amendment No. 3S" TABLE OF C0AT1»'PTS • Pale INTRODUCTION 1 _ LANM USE PLAN 2 SECTION I - STATISTICAL ANALYSIS 4 j SECTION 1I - GENERAL j SECTION III - GENERAL NOTES 6 SECTION IV - DEFINITIONS 11 SECTION V - RESIDENTIAL AREA 12 Sub -Section A - User Permitted 12 Sub -Section 0 - Development Standards 12 SECTION VI - SIGNS 14 Sub -Section A - permanent Signs 14 Sub -Section B - Temporary Signs 14 • • J AC i'- . ROEXCT 1 ON The Corona del filar Homes Planned ConmuAity District for the City of Newport Reach is in conformance with the Newport beach `rnerai Plan. The purpose of tills Planned Community (PC) District is to provide for the zoning classification and devalopownt of the subject property In accordance with the development standards set forth herein. The Corona {lal gar Homes Planned Cumisuntty District Kegulationa conbist Of one clanaiflcatloa of land use. The land use will he residential. utilizing a character of single family and duplux housing types, architecture and density. and i other community facilities compatible therewith. • 34 0 �I 'ram x4p DEVELOPMENT PLAN _2_ 3i 10 10 � 0 -n4=.p -nmoup SITE PLAN -3- 3i SECTION I - STATISTICAL ANALYSIS Taterford Collection Site Planned Cramunity Parcel liapl Buildable Yastaum Type Area net t Acres Acres IAf Residential 228,000 4.07 ac. 3.04 ac, units Units sq, It. (177,285.2 (132.763.2 sq. ft.) sq. ft.) IDefined as area within property boundaries. 2Defined as the entire site within the project boundary excluding streets, park dedication, areas with existing slopes greater than 2:1, and natural floodplain. Donn Ity Dwelling Units Per Parcel Not Acre: 10.44 unite per net acre Dwelling Units Per Buildable Acre. 13.42 unites per buil4ahle acre Percentage of :bet Site Covuraye Rasld� ential I. Parking Areas: 4,736 sq. it. (2.6%) 2. Landscape and Pedestrian Circulatioq (58.4%) -4, • 0 ;Zi S=10N II - Gn.-ERAL Location The cr* Corona del liar homes Planned C&s»unity encompasses :]4 grosu acron In tho Clty of Newport Beach. The community is bocadad by Carnation. Dahlia. Second and Fourth Streets •lthln untacorporated cocnuaity of Corona del Mar. Extstiw 7oainr The exiating "31ng 14 designated U (Unclaaislfied). The dovalop- zea: standards bet forth herein will provide for the dev�r)o Of t5.. subject Property. ire n t I.t" Uuen The Corona del liar Homes Planned CoaaunitY is designated for restdentlal development. • -✓- • 5EC1I0% III - GEINEP.AL RM-S l• Yiter Service to the Planned Comunity District will be Provided by the City of Newport Beach. 2. 50ragv disposal service facilities to the Planned will be provided by the City of Newport Beach. Orange 544itation District No. 5. 3. Development of the rubdect property will ke undertaken In accordance with the flood protection policies and rrqulr*%,,,, of the City of Newport Beach. 4. Grading and erosloo control Mhall be carried out in accordance With the hand shall of the City of Newport Beach Grading Ordto:ace and shall be subject Building and planning to Permits issued by the Departaents. 5. Except as otherwise stated in this Planned Community text, the requirements ai the ?lewport Beach apply. ?.oalag Ordinance shall iof within the plancontents an this teat notwithstanding, all construction witned COMUnity boundaries &ball cpnply with all provisions of the uniform Building Code and the various mechanical codes related thereto ►nd other related mpeaifIcstian and standard drawings for Public works construction. 6. Greenhouse windows sad other architectural features to be rlmllar by the Planning 7. ,Judged Director may extend Ono (Ii fnot into aideyard setbaea area. That a minimum of too percent (1(r) of the units to be davola in coa,Juaction with the proposed project shalt be ,atfordAbleped units", se111ag for no sore than three tlmnes County Median facade, or renting for no &.ore than thirty percent (30%) of the County Median income at the time of occupancy. 8• That the'affordable nature of the units shall be guaranteed for a period of 10 years. 0. That prior to recordation of the final map, an agreement ■hall be executed that guarantee• the provision of "affordable unit%- on -site. Said agreement shall be reviewed by the Planning Director and City Attorney's office, and approved by the City Council. 10. That the agreement shall include a provision that the occupancy Of the affordable units be phased with the occupancy of the market rate units. -6- • W 11. That all 4ra"me"N be constructed as requ b ar or the public Works Department. y dlgaace 12. Tbat as atrewent and accoe:paaTtag surety be provided In order to guarantee Satisfactory cartpletion of the public improve- meata it It is desired to obtain a building permit prior to completion of the public Improvements. 13. That each dvelltng unit be served with an individual water • service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 14. That plan crack and Inspection fees bn paid as required for subdivision improvements. 15, That 10-foot-radium corner cutoffs be dedicated to the public at the corners. of Fourth Street and Carnation Avenue. Fourth street and Dahlia Avenue. Second Street and Carnation Avenuu, and Second Street and Dahlia Avenue. 16. That landscape plans shall be subject to review and approval Of the Parks. beaches and Recreation Department and Public Works Department. and that these plans shall provide for adequate right distance at street and alley intersections, 17. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 18. That a hydrology and hydraulic study be prepared and approved by the public Works Department. along with a master plan or water, sever and storm drain facilities for the on -site Irr.provenents prior to issusnca of any grading or building permits. Any cwdificatioas or extensions to the existing storm Qraln, w�Lr+r and Sever syYtt s shown t�i be required by the study 0411 be the resspcasib111ty of the developer. 19. That a 20-fcot width of alley right of way butwesn Carnation Avenue tad Dahlia Avenue be dedicated to the City, with the exact location to be approved by the Public Works Department. sad that the alley right of way be Improved to current alley standards with the design to be approved by the public Works Department. 20. That all vehicular access to the development be from the proposed allay. 21. That the curb, gutter and sidewalk be reconstructed along the Carnation Avenue, Dahlia Avenue and Fourth Street froatages with Carnation Avunuo being widened an additional six feet; that curb and gutter be reconstructed and sidewalk constructed -7- • 91 alozz the Second Street frontage; ana that the existing street trees be root pruned, or rmoved and replanted is required by the parka. Beaches and Recreation Department. • 22. Sight distances at all intersections locludint alleys ■hail to approved by the Public York■ Department and Traffic tneineer. 23. Development of the site shall be subject to a grading pa mit to be issued by the Building Department and reviewed by thw Planning and Public works Departments. 24. A trading plan, submitted to the City for approval, alisll include a complete plan for temporary and permanent drolhsge facilities, to minimize any Pateatial impacts from silt, debris, and other water pollutants. 25. Prior to grading, an application for haul routes shall be submitted to and approved by the City's Traffic Enginnpr which shall include a doacription of haul routes, access points to the site, and a watering and sweeping program designed to siaiaize impacts of haul operations. 26. Grading shall be conducted in accordance with plans prepared by a civil engineer ■nd based on recomeendations of it soils engineer and an engineering geologist subsequent to complotlon of a comprehentsive soils and geologic investigation of tho site. Permanont reproducible copies of the proponed grading plans on standard -size sheets shall be furnished to the Building Department. 27. An eromlon, siltation, and duet control plan, if desired t,y the City of Newport Beach, shall be submitted and be subject to the approval of the Building Department, and a ropy shall be forwarded to the California Regional rater Quality Control Board, Santa Ana Region, for review. 28. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of project design. 29. Prior to issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed is a manner to &sour* that Increased peak flows from the project will not increase erosion imcsediately downstream of the system,. This shall be reviewed and approved by the Planning and Building Departments. -a- 0 30. A qualified irchaeologlbt shall be present during pregtade meetings tG infO M the developer and grading contractor of the results of the APC study. In addition, an archaeologist shall be present during gradlne activitles to inspect they underiVing soil for cultural resources. if significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert cosstruntion • activitleb for a period of 48 bourn to assess the altalileanee of the finds. 31. In the event that significant archaeological restains are uncovered during excavatluu and/or grading, all work shall stop In that area of the -subject property until as appropriate data recovery program can be developed and Implemented. The coat of such a program shall be the responsibility of the landowner and/or developer. 32. A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform Inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. 33. Prior to ithuance of any grading or demolition permits, the applicant shall naive the provisions of AB 953 related to City of Newport Beach reaponalbilltlas for mIti(tation of ■rc8aeol�gl- c4l Impacts, in a manner acceptable to the City Attorney. 33. All development shall be designed to ulialnste light and glare spiltage on adjacent properties. 34. Prior to the Issuance of any building and/or grading Permits the project shalt be required to contribute it suss equal to Its "fair sitarr11 of future circulation system tmprovem,gats as shown on the City'n Master Plan of Streeth and lflrhrays and any other mitigation measures as may be required. 35. Prior to Issuance of a building permit, the project applicant shall submit a detailed acoustical analysis of each proposed structure to ensure that attenuation to the required interior 45 CNEL level is achieved. 36. Prior to issuance of any building and/or grading in this Planned Community, the appllcmt shall deposit with the City Finance Director a sum proportionate to the percentage of future additional traffic related to the project area to be used for constructioa of a wall .Jon the westerly side of Jamboree Road between East Bluff On and Ford Road and along the southerly side of Pacific Coast highway along Irvine Terrace and vest Newport. 37. The Fire Department shall review design plans to ensure adequate access to all structures. -0- • Air 39. The provision of adequate fare flow shall be revlewe4 by the Fire Department. 39. Prior to construction of any project, the availability of water and sewer shall be verified by the serving ageacy. 40. The final design of the project shall provide for incorporation Of vater-saving devices for project lavatories and other Water -using facilities. 41. Prior to the Issuance of any building and/or grading pe mits all on -site water mains and fire hydrant tocstlons if needed are to be provided as approved by the Fire and Public works Departments. 42. That notwithstanding any provision of this text the develop- ment on any individual lot shall not exceed 1.5 timog the buildable area of the lot. 43. That five (5) feet of additional right-of-way be dedicated to the City along the easterly side of Carnation Avenue between Second Avenue and Fourth Avenue for street and highway purposes ■o that Carnation Avenue will have a 55 foot right-of-way width. • -10- • X� SECTION IV - DEFINITIONS The followln,t definitions shall aaply to the developaest of the Planard Comunity. I. Buildable Acreage shall mean the entire site area within the Project boundary excluding streets, park dedication, areas with existing natural slopes greater than 2:1, and natural floodplains, 2. COnventit,nal Subdivision on a Planned Coesaunity Concept shall mean a conventional subdivision of detached dtiellinKs and their accessory structures on individual lots where thn lot size may be less than the required average for the district but where the density for the entire subdivision meets the required standards and where open space areas are provided for the enhancement and utilization of the overall developnent . 0 -11- �J '�%. 0 • i • 0 0 0 SECTION V - MIDEtiTIAL AREA These arras are intended to provide residential housing sad related community facilities. A. Uses Pu m Itted I. Single family dwellings detached. 2. Conventional subdivisions on a planned Coas�unity Concept, as defined in Section Iv, Definitions. 3. Custom Lots 4, Condoaiaiuss S. Temporary model complex and appurtenant uses (subject to Planning Director and Public Works Director approval). 6. Duplexes (maxieum 4 total units) 7. Signs (as provided in Section Vt of this Planned Community text). B. Development Standards L. Maximum -Height Limits a. As set forth in Newport Beach Municipal C04e 24/28 Height Limitations District. b. Chimneys and vents shall be Permitted as set forth in Section 20.02.060 of the Municipal Code. 2. Setbacks from PropertX Line and Structures a. Front Yard 15' on Dahlia, 10, on b. Side Yard Carnation Less than 40' width 3' Greater than 40' width 44 C. Rear yard 2J- d. Setbacks shall bo measured from property line. e. Eave■ may extend 2; feet into the required front yard setback. -12- rdl • • f. car garages with direct access SAO b* aet back 2} feat from the 20 foot alley eagmeat, 3. Fences, Hedges and Walls Fences shall be limited to a maximum height of six (6) feet and shall not be allowed above 3 feet in the front or setbacks adjacent to the alley. 4. Trellis Open trellis and beam construction shall be permitted to attach to the garage or the dwelling structure, Trellis In setback area may extend from the garage or the dwalling structure to the property line it they are open on three aides. In side yards, the maximum height shall be nine (9) feet. Trellis areas shall not be considered In calculating lot area coverage; trellis areas In the sideyard shall not exceed 250 aq, It. Trellis and beam construction shall be so desigmrd as to provide a minimum of 50 percent of the total trellis area AS open space for the penetration of light and air to the covered area. S. parking A minimum of 3.0 parklpg spaces per single family detached dwelling unit ;hell be required of which a minimum of two will be covered, The third parking apace 'will be cnnsidered guest parking. A minimum Of 2.0 parking apace& per %Ingle family attached unit shall be required. at least ono of which will be covered.. 6. open_5pace Open space shall be provided as designated in Section 20.11.040 of the Newport Beach Municipal Code for single family homes and Section 20-25.080 for duplexes. -13- I SECTIGN YI - SIGK5/RM1DLYI'lAL AREA A• Pertinent 51 nE 1. miscellaneous Directional I Informat 19nal St ns Directional/Infortational Signs, such as but not limited to "r1Kht turn only,,, "exit", "entrance", etc., shall bu pe mitted. Said si;as shall be kept " a Mintuaum and shall be designed as a coordinated part of the overall project. Each sign shall not exceed lour (4) square feet of sign area. B- !MPSLa.r 8a nu (Prior to and during construction) 1. Future Pacilit -, na A sign which informs the viewer, through graphic symbol and verbal reinforcements, of the type of facility Planned for the site. 2. iterchandisin 5a ns A nlgn which Informs the viewer, through graphic symbol and verbal reinforcement, of the facility name, opening date, type Of occupancy, owner -developer, and number phone for sales information. r� -14- • IM J Attachimnt E STATEMEN7 OF FACTS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR APPROVAL OF TRAFFIC STUDY AND OVERRIDE OF TRAFFIC PHASING ORDINANCE TRAFFIC STUDY 1. Approve the Traffic Study, make the following Findings of Pacts and Statement of Overriding Considerations, and subject to the Conditions listed below: Findings I. That the Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Bench Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the prOloct generated traffic will be greater than one percent of exiating traffic during the 2.5 hour peak period on anyone lacy of the critical intersections. The intersection will have unsatisfactory level of traffic service with an intersection Capacity Utilization of greater than 0.90. 3. That the proposed project, including circulation system improvements, will cause or make worse an unsatisfactory level of traffic service on a "major," "primary -modified" or "Primary" street. Facts 1. That there are no practicable or feasible trip generation reductions available for development. 2. That all alternative developments have been found by the City or applicant to be infeasible or unacceptable based upon the information presented at the public hearing. 3. That East Coast Highway is an area of planned deficiency by the adopted City Circulation Element. 4. That the Traffic Phasing ordinance (TPO) was adopted to permit major development in only those areas of the City where adequate transportation facilities exist, are being implemented, or will be installed in conjunction with the development. 5. The project is reduce from 41 units to units, a 5% reduction. $e 6. Alleys shall be 20 feet in width. s/i 0 0 Attachment E Page 2 7, Pedestrian access shall be facilitated by sidewalks on site. 8. That based upon information presented to the City that phasing of the project in increments to avoid the TPO is not financially feasible nor in the community's best lntorest an it would prolong impacts on the adjacent neighbors such an construction, noise, dust, etc. 9. That the removal of on -street parking at the intersection of East Coast Highway and Goldenrod Avenue is rnt compatible with the desiren of the community. 10. That the project will only contribute a total of 7 tripe to the critical north bound approach at the intersection of East Coast Highway and Goldenrod Avenue during the peak hour. 11. That the proposed development is similar in character to adjacent residential development. 12. That the proposed development is of a less dense nature than adjacent residential development. 13. That the applicant will contribute funds for ultimate circulation system improvements as may be required by the City. 14. That the project proposes to dedicate open space to the City of Newport Beach. 15. That based upon the above stated facts and those expressed at the public hearing the benefits of the project outweigh the projects anticipated negative impact on transportation facilities. OVERRIDING CONSIDERATIONS Findings 1. The project is located in an area of the City already • designated a "planned deficiency." The project site represents one of the last available parcels in Corona del Mar for development. Retention of this parcel as a non-residential use Will not ameliorate the planned deficiencies anticipated for roadways in this vicinity. 2. The project has been reduced from 41 units to 39 units to mitigate, as much as is feasible, the adverse traffic effects which will be realized by the introduction of traffic into an area of planned deficiency. .O s Attachment E Page 3 0 3. That a "fair -share" contribution to the complortion of the City'a circulation system is required. 4. The project will be allowing the sale of a Surplus schr�ol Rite, generate revenue for the Newport Mesa unified School District. S. The property will be returned to the property tax rolls and generate additional property tax revenues. 6. Four affordable housing units will be provided in the development. 7. The project will dedicate land to the City for Public open space. 6. The project provides an area which can be uand inr a public parking lot offsetting areawide impacts by Pruvidinq parking relief to this area. . Conditions —�, 1. That prior to the issuance of any building permit for the project, the applicant shall pay their "fair share" of the ultimate improvezents to the City's Circulation System as may be determined by the City. 2. Prior to the issuance of any •grading and/or building permits, the applicant shall deposit with the City's Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be. used for construction of sound attenuation barriers on the southerly side of Kest Coast Highway in the West Newport Area; the westerly side of Jamboree Road between Eastbluff Drive (No.) and Ford Roads and the southerly side of East Coast Highway in the Irvine Tarrace area. • a • EXHIBIT "B" FINDINGS TO DENY THE CORO!lA DEL MAR HOMES SITE A. ENVIrCNkr!r.AJ. :24<ACT REPORT Findings 1. That the environmental document is complete and has been prepare(l it, scarp l ianr_e wLth the California Environmental Qual l ty Act (CWl AI , the State CV2A Guidelines and City Policy. 2. That the contents of the environmental docw.ent have been connlderee in the various decisions on this project. 3. That in order to reduce adverse impacts of the proposed project, All feasible mitlgAtion measures discussed in the environmental document have: been incorporated into the proposed project. Specific econenic, social or other conaiderations do not make infeasible any other potential mtt:gation measures or alternative to the proposed project. B. GENERAL PLAN Findings • 1. That the pro,- sed project is not consistent with the goaln, policies and objectives of the community. 2. That the proposed project will use capacity in the City's circulation system that should be reserved for existing land use commitments made by the existing General Plan, Local Coast Plan and Zoning. C. LOCAL COASTAL PPCGRAM Findings 1. That the proposed amendment is inconsistent with the Newport beach General Plan. D. AMENDMM*T NO. 599 Findings 1. That the proposed amendment is inconsistent with the Newport Beach General Plan. E. TRAFFIC STUDY • Findings 1. That the proposed project is inconsistent with the Newport Beach General Plan. F. COASTAL RFSICENTIIIL DEVELOPMEST PERMIT UO.5 Findings 1. That the proposed project is inconsistent with the Newport Beach General Plan. 01 PROCEDURES FOR NEd DEVEMPA Determination of Applicability When an application for a residential project is first submittn(l, it should be determined if P-1 is applicable by answering the following questions: 1. Is the project in the Coastal Zone? E] Yes: See #2. No: The project is exempt from P-1. 2. Is the project site UVacant; See 03. Occupied by two or less residential units including mobile homes: See 43. EDIn non-residential use: See 03. Occupied by throe or more residential unites see P-1 Procedureu for conversions and demolitions. ,ii 3. Does the project entail the construc'.ion of throe or more residential units? L� Yes: P-1 is applicable. No: The project is exempt. Procedures if Applicable If under the above criteria Policy P-1 is applicable, the property owner and/or developer shall file an application for a Development Permit which shall include the following information: 1. A description of the proposed project, including its location and the number of units to be provided. 2. The cost of the proposed development. 3. The anticipated return on investment by the developer. 4. A description of any social, technical, environmental or related problems associated with the provision of affordable housing units. The application must be accompanied by a fee of $250.00 per residential unit. If the project involves forty or more residential units, the planning Commission may approve a reduction in the fees. CI T Y OF `EWYORT B_.ACH Ai i'..a(.AT:ON TO APPEAL DECISION OF THE PLANNING COMMISSION ,.. r1ance No. ification No. ` k�'q /� Use Permit No. Amendment No. Resubdivision No. J ti�TE: APPELLANT MUST FURNISH-O.NE (1) SET ADURESSED Gil\LMED LABELS OF PROPERTY OWNERS TO BE `OTIFIED BEFORE APPLICATION CAN BE PROCESSED. 1 Narrm of Appellant 6'PraFZ Z36'*7 Address Phone y Appealing Planning Commission decision of (date of meeting)_ /l %$ 0 19 gl,/ regarding application of (if same as Appellant. write Same) for (description of application filed mrith Plaaaing Commission) ,,�--�T�cry 70 A-114f�„C //Y eE /N dNP..70V 42-'2 -1 n..- nor -- - -. - - _ - i� _ - Reasons for APPe�'y . rvf*/4 �y 7�w C1-= E.r�ri7�it/ 7►y _f syA ur t &%.r_ U,t: U1 J{ y Date Appeal ' ed and Administrative Fee received: 4V Pub�ir &ring set for 7:30 P.M. 02 19N ' City Clerk _ i cc: Appellant fi?faaairLg File (Complete and distribute after public hearing) cc Appellant Planning rEES: (As of 7-1-83) Signatu-ce of Appellant to 0 COUNCIL ACTION City Cle rk Use Permit Appeal (Sec. 20.80.070 Municipal Code) - $240.00 variance (Sec. 20.82.060 - Zoning Amnd " (Sec. 20.84.050 - $240.00 Modification (Sec. 20.81.070 - S240.00 .*Rtsubdi.vision (Sec. 19.12.040J(1) - $240.00 Date *Vote: When a Resubdivisioa is appealed along with any of the foregoing, there will be a charge for each appeal. ��• CRY OF NEWPORT e H COMM 7 [- �. A %P J► owls C� L�� 99G.t p ? � March 12, 1984 MNWES INDEX 3. Mayor Hart opened the continued public CPA 83-2(a) bearing regarding: (45) DRAFT. ENVIRflhW1_7A1 _ IMPACT REPORT - Draft EIR Acceptance of an Environmental Document for GENERAL PLAN VIENDMENT NO. 83-2(a) • LOCAL COASTAL PROGRAM AMENDMENT NO. 4 AND AMEKDNEN'T NO. 599; GENERAL PLAN AItENDMENT 83-2 (a) - Request to amend the Land Use. Residential Growth. and Recreational Open Space. Elements of the Newport Beach Gentral Plan so as to redesignate the CORONA DEL MAR NARY SCHOOL SITE from "doveriii_wnul:-'Education&I and Institutional" uses to "Multiple -Family Residential" uses; LOCI. COASTAL PROGRAM AMDiDKENT NO. 4 - LCP Amadl4 Request to amend the Land Use Plan of the !Newport Beach Local Coastal Program so as to redesignate the CORONA DEL MAR NARY SCHOOL SITE from "Governmental. Educational and Institutional" uses to Multiple -Family Residential" uses; AKUIDMENT NO. 599. ORDINANCE NO. 84-7 - PCA 599 Request to establish Planned Ca=unity Development Standards and adopt a Planned Community Development Plan for the development of the CORONA DEL MAR ELEMENTARY SCHOOL SITE. The proposal also includes a request to amend portions of Districting Map No. 16. so as to reclassify said property from the Ucclassified District to the Plauuaed Cosmunity District; TRAFFIC STUDY - Request to consider a traffic'study, in conjunction with the construction of forty-one residential dwelling units on the CORONA DEL MAR SCHOOL SITE; AND COASTAL RESIDENTIAL DEVELOPlSE T PERMIT NO. 5 - Request to consider a Dv Pr=t#5 v Dv residential coastal development permit for the purpose of establishing project compliance for the residential developsent of the CORONA DEL MAR SC ROOL SITE pursuant to the Administrative Guidelines for the implementation of the State Lan relative to low -and moderate -income housing within the coastal zoos. Volume 38 - Page 71 ..i (*T OF NEWPORT "B CH COUNCIL MEMOM �.... �•p y�� Gad !larch 12, 198A .... LUNUTES INDEX Rcports fromthe Planning; Department C41A 83-:(a) dated February 27. and March 12. 1984. were presented. The City Clerk advised that after the agenda was printed, a letter was received from the Corona del Mar Community Association, in opposition to this project. The City Manager noted that the proposed project does not meet the City's 'traffic Phasing Ordinance, and proposed mitigating measures will not cure the intersection to bring it below .9. Therefore, if the project proceeds, the Council will have to find that there are other mitigating measures that would justify its approval. David Neish of urban Assiut, Inc.. representing the applicant, addressed the Council. and outlined the proposal. noting that the overall density for the project is 50Z less than that in the mediate neighborhood. Motion x During Mr. Neish's presentation, notion All Ayes was made to allow hits an additional 10 minutes. With respect to compliance with the Traffic Phasing Ordinance. Mr. Neish stated that it was not financially feasible to the applicant. nor do they feel it would be in the community's best interest, as it would prolong impacts on adjacent neighbors due to construction, dust, etc. He noted on one of the exhibits that one-half of the acreage will provide a public parking lot with 35 off-street parking spaces. Mr. Neish stated that they would like to modify the Development Plan. as approved by the Planning Comission. by extending the proposed alley northward to 4th Street. The advantage of the extension would be that it would only create one Intersection on 4th Street and no intersection on Dahlia. This would also provide more on -street parking. Also. as noted on their plan. they are proposing their parking lot adjacent to areas where there are existing parking lots. Columm 82 - Page 72 &Y OF NEIMPORT BACN !larch 12. 1984 Pertaining to Fair Share Allocation and noise Wall fees. Kr. Nsish requested that the City Council waive the fees in lieu of the following: 1) Dedication of public open space of .868 acres to the City. 2) improvement of the entire public open space area. which includes final grading. preparation of final working drawings for all irrigation and landscaping plans. soil preparations, improvement of public parking lot to include curb, gutters. asphalt, striping, irrigation and landscaping. 3) Improvement of the public parking lot to include irrigation, installation of grass. trees and shrubs. In regards to the public parkv he requested a "not to exceed" $10.000 be applied to that item. Mr. Feish stated they hope to complete the above proposed facilities by fall of 1964. Doug Gfeller of the Gfeller Development Company, addressed the Council. and stated that they have been meeting with citizens in the community ever since their acquisition of the property, and that the plan now being proposed, meets east of the residents' acceptance. Dill ?Marcus, owner of 609 Carnation Avenue, addressed the Council and spoke in favor of the project. He stated that the developer has made every effort to please adjacent homeowners, and that he was in agreement with the location of the proposed open space and the parking lot. David Lewis, 505 Begonia, addressed the Camcil and stated he did not feel residents would use the open space to make it worthwhile, and therefore. it was not necessary. Be suggested a recreational area be coaaidered. whereby such activities as basketball. volleyball. etc.. could be played. Volume 38 - Page 73 83-2 (a) COMAML MEMBERS d*Y OF NEWPORT BACH MWAMS m motion All Ayes x Motion z All Ayes motion x All Ayes March 12. 1984 Irvin Fox. 519 Carnation Avenue. Member of the Citizens for Responsible Use of Neighborhood Schools. addressed the Council in support of the project. He stated that they felt the project preserves the residential quality of the neighborhood and is an excellent use for the property. With respect to the proposed widening of two blocks on Carnation Avenue, they feel this would be very dangerous. increase speed. and incur "sloppier" parking than already exists on the street. He stated he felt that a dedication for future widening of Carnation Avenue may be in order. Robert Longacre. 701 Carnation Avenue, addressed the Council and stated he concurred in the remarks of Mr. Fox. and also supports the location for proposed open space, as well as the proposed location of the parking lot_ Richard Johnson. 504 Begonia Avenue, addressed the Council and commended the developers on the excellent job they did in obtaining public input in this project. He stated. however, that he was opposed to the proposed parking lot and the proposed widening of Carnation Avenue, and asked the Council to reconsider these two items. Discussion ensued among the Councilp wherein it vas agreed to straw -vote certain items of concern. It was noted that the Fair Share Allocation for ultimate circulation system improvements for this project would be approximately $108.498. and that the figure for the Noise Wall fund contribution is estimated at $10.140. Following discussion and comments. notion was made to override the requirements of the Traffic Phasing Ordinance with the Findings of Facts and of Overriding Considerations relative to traffic and circulation included in Attachment £ of the staff report. Notion was made to reinstate the one lot on Dahlia Avenue, which had been previously deleted from the plan. Motion was made to accept the proposal of the applicant with respect to the park improvements, and the redesign and location of the parking lot. Volume 38 - Page 74 CPA 83-2(a) .. - AY OF NEWPORT BACH COMM gem March 12. 1984 Motion Ayes goes 119 1" 1" 1;1 " I= I Motion was made to accept the proposal of the applicant with respect to the design and installation of the parking lot and park improvements as the applicant's "Fair Share" contribution for park and circulation system Improvements. Mayor Hart expressed her opposition to the subject motion, stating it was not her intent to charge a fee to improve streets and then use the money for another use. She stated site felt the "Fair Share Allocation" vas to be used for the circulation improvoment system within the City. She also co®ented that she was without the benefit of a report with regard to the cost of the proposed improvements in order to compare that with the Fair Share Allocation to determine the difference In said costs. U*#JTES Council Member Cox agreed that it was a questionable subject; however. he felt that the issue of "parking." which is especially needed in Corona del Mar. is traffic --related. In addition. a major benefit is that this project will give immediate access to the park and parking lot facility. which otherwise would be several years away. In response to Mayor Hart. the City Attorney stated that inasmuch as the applicant is proposing to make certain improvements in -lieu of some other condition. he did not feel the City would have any problem in enforcing the terms and conditions as proposed by the applicant. Betty Morgan. 501 Carnation Avenue. addressed the Council and stated that she was opposed to the proposed parking lot. as well as the proposed widening of Carnation Avenue. and did not think either of the projects would solve the traffic problem in Corona del Mar. She also stated that Carnation Avenue is becoming a traffic hazard because of its access to Bayside Drive. The notion on the floor was voted on and carried. -- Volume 38 - Page 75 83-2(a) Ory OF NEMIPORT BACH !Larch 12. 1984 90L~ .... It MInEY She Public Works Director stated that GPA 83-2(a) the proposed widening of Carnation Avenue is being recommended because of traffic problems. such as those messtioned by firs. !organ. He stated that Carnation Avenue is only 30 feet vide. and the volume of cars is increasing. He felt that if the street is not to be widened, everyone should be awre that it will probably be necessary to restrict parking on one side of the street; and should it not be improved at this time. he would recoccend that staff be directed to take the necessary steps to restrict parking. Council Member Afire stated that he disagreed with the conclusions of the Public Works Director, and would be opposed to removing parking on one side of Carnation Avenue. Notion Y Motion was made that five (S) feet of All Ayes additional right-of-vay be dedicated to the City along the easterly side of Carnation Avenue between Second Avenue and Fourth Avenue for street and highway purposes. but that improvements to the street not be made at this time_ Hearing no others wishing to address the council. the public hearing was closed. Motion x Motion was made to sustain the All Ayes recommendation of the Planning Commission with the exception of that recommendation relative to the Traffic Study; and adopt Resolution No. 84-16 Res 84-16 accepting. approving and certifying the Final Environmental Impact Report as Indicated in Attachment A; snake the Findings contained in the Statement of Facts (Attachment A. Exhibit 1) with respect to significant impacts Identified in the Final EIR; find that the facts set forth in the Statement of Overriding Considerations (Attachment A. Exhibit 2) are true and are supported by substantial evidence in the record, including the Final EIR; with respect to the project. find that although the Final EIR identifies certain unavoidable significant environmental effects that will result if the project is approved, those mitigation measures identified in the Certified Final EIR shall be incorporated into the proposed project, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level. and that Volume 38 - Page 76 ;. ` - couNM MEMIM Matioa All Ales �1f OF NEWPORT HACN March 12. 1984 the remaining unavoidable significant effects. when balanced against the facts ■et forth in said Statement of Overriding Considerations (Atiah�otAp the Exhibit 2). giving greater unavoidable environmental effectso are acceptable; adopt gesolution 00. 84-17 sustaining the recommendations Of e nn Plaing Cosission and approving on amendment to the Land Use Element of the Newport Beach General Plan, designated General Plan Amendment 83-2(a) (Attachment B); adopt resolution Ho. 64-18 sustxinin�iasiaahe ea�eapproviagoaa the Planning amendment to the Land Use Plan of the City's Local Coastal Program (Attachment C); reintroduce Ordinance No. 84-7+ reflecting straw votes taken and Pass to second reading on March 26. 1984; override the requirements of the Traffic Phasing Ordinance with the Findings of Facts and of Overriding Considerations relative to traffic and circulation included in da[iocahmoeftthe Plaaaing in the recoss� Coma"sion relative to Coastal Residential Development Permit No. S. b. Mayor Hart opened the public hearing regarding ORDINANCE NO. 84-8, being. AN ORDINANCE OF THE CITY OF NEYPORT BEACH AMENDING SECTION 20.87.180 OF THE NEYPOitT BE MUNICIPAL CODE AS IT PERTAINS TO THE DEFINITION OF THE TERM "FAMILY," PLANK COMMISSION AMEh'Dliew NO. Beach. initiat by the Cityof Newport Report fr the Planning Department, was presented. Hearing no on wishing to address the Council, the lic hearing was closed. Motion wan made t adept Ordinance NO.86-8 of the Newpo Beach Municipal Code as it pertains to th definition of the ters "faaily." volume 38 - page 77 GPA 83-2(a) Res 84-17 Res 84-18 Reintroduce Ord 84-7 Zoning (94) PCA 602