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HomeMy WebLinkAboutCDP_017■' � C9$TAI. FsI:S:DEMIAL DAL .. COL7l�CSL POLICY P-1 d, / n CITY OF NE;POR? BEACH ' Application Rec'd b - h ' Fee: S PLAMING DEPAR YMIT . 3300 Newport Boulevard Newport Beach, CA 92663 (714) 640-2218 or 640-2219 Applicant (Print) REGIS CONTRACTORS. INC. Phone 714-851-9561 Mailing Address 5160 Birch St_, Suite 200. Newport Beach, CA 92660 Property Owner The Irvine Company phone 714-720-2400 Mailing Address SSO Newport Center -Dr.. 7th floor. Na-uport Brach. CA 92660 Address of Property Involved N.E. corner of East Coast Highway and Jamboree Legal description of Property involved (if too long, attach separate shoot) th at po rtion of 94 of Irvine's subdivision, as per map recorded in records DOUR Is-773Tt' of Orange Count Description of the Proposed Project90 unit rental condominium project Number of Units 90 •++++ffrwwRR+++f+rsfrwffrrrr++wrR+r+++f++f!!!irlfrrrr+ffrrrrrlrrsrw++r+frrrrrrr+rffrRrf+fsfr 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/c oderate income units in conjunction with the proposed project. rwf+ffefRwflfff!!lrfffrfRf•fllfRfflfffRlfrfrffrrrrrrlr!!fl++rflwRlRfiff!lffrrrrlRfiRRrR+fir! (I) fi" The Irvine Company depose and say t"t (I a>s) bmazW the owner(a) of the propartytfm involved in this application. (I) zatek 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) *xr3 knowledge and belief. Signature (a NOTE: An agent ray sign for the owner if written authorisation frog the record owner is filed with the applicant. DO NOT COMPLETE APPLICATION BELOW THIS LINE Date Filed Fee Pd., Z& Sate. Receipt No. Planning Director Action .^• ..� t Date Appeal P.C. Hearing t Date C.C. Hearing-�-- f / Date P.C. Action Appeal C.C. Action KZZ-W - I/�6 _�. _`<-0-00 TOIL F I LED CITY OF NEWPORT BEACH P A S T E D MW ri"gKMt MMkTMA - P.O. Box" a MAY u-'{ 0 �+Newport Beach, CA 92659.1768 C,�RY t tit ' u ry Cktil 6AH J L -(,ip y';,.� ix l�f G�rk NOTICE OF DET'ERMINATI01�— - ,.n. ne�tm -� rpm To: Officc of Planning and Research 1400 Tcath Street, Room 121 a Sacrusentn, CA 95814 County (.1crk, County of Orangc Public Services Divisson P.O. Box RM Dale received for Ung at 011k: Santa Ann, CA 92702 ON Subject: Filing or Notice or Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Name of Project: villa I,oint Pliane I i Store Cleadn#k use Number, Lead agency Contact person: Telephone No.: 89010078 Patricia Temple 714 644-3225 Projectlocation: 1100 East Coast Highway, Newport Beach, CA Project Description: Construction of 90 dwelling units This is to advise that the City of Newpon Beach has approved the above described project on Agri 1 23, 1940 and has made the Mowing determinations regarding the above desaibed project: (Date) 1, The prvjcct El will ❑ will not have a significant effect on the environment. 2. ® An Environ=ntal Impact Repart was prepared for this project pursuant to the provuiom of =A. ❑ A Negative Dcduatbn was prepared for this project pursuant to the provisions of CEO& 3. Mk4atan measures E) were ❑ were not made a caadkion of the approval of the project. 4. A Statement of Overriding Considerations ® was ❑ was not adopted for this project. S. Pw&V 0 were ❑ wcrc not made pursuant to the provisions of CEQA. This is to cer* dbat the fuel EIR with comments and respons" and record of projeet approval is available to the General Public at the Planning Dcpartmeat of the City of Newport Beads, 3300 Newport Bonkvud, Newport gesch, 9265%1768; 714%"3225 r..' . 1990 t?rinCipaY Alarinor MOM*" Daft JU,1 2131kl 2917 AM Qid �tZfl`,llkll LtI::I'_l%c'.lil'lt:.�it3 City Council Meeting Agenda Item No, D-1 CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department A request of Regis Contractors to approve a Traffic Study so as to permit the construction of 90 dwelling units on property located in Area 2 of the Villa Point Planned Community; and the acceptance of an Environmental impact Report. AND Request to amend the Villa Point Planned Community Development Plan so as to reclassify property located at 1100 East Coast Highway, on the northeasterly corner of East Coast Highway and Jamboree Road, In the Villa Point Planned Community, from "Office/Visitor Serving Commercial" to "Multi -Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2. AND Request to subdivide two existing parcels of land containing 93t acres, into a single lot for a 90 unit residential condominium development. AND Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone In conjunction with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. 0 TO: CitRouncil - 2. • If approved, the applications described above will allow the construction of 90 apartment units which will be Phase 1I of the Villa Point project currently under construction. Tic proposed site plan shows the units to be provided in 10 separate structures, with additional parking facilities and a pool/cabana area. The Newport Beach Municipal Code and the City Council Policy Manual contain review procedures for these applications, as follows; Environmental Impact Reports in City Council Policy K-3, Traffic Studies in Chapter 15.40 and City Council Policy S-1, Amendment to an established Planned Community Development Plan in Chapter 20.51, 'Tentative Tract Maps in Chapter 19.12 and Coastal Residential Development Permits In Chapter 20.69. Hold hearing; close hearing; if desired, approve the project as recommended by the Planning Commission and Adopt Resolution No. accepting, approving and certifying Final Environmental Impact Report o. 146; 2. Make the Findings contained in the Statement of Fate with respect to significant impacts identified in the Final Environmental Impact Report; 3. Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; 4. With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant envirotmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an accept- able level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement of Overriding Consideration% giving greater weight to the unavoidable environmental effects, are acceptable; 5. Adopt Resolution No. , approving an amendment to the Villa Point Planned Community Distn�gulations and Development Plan, with the changes recommended by the Planning Commission. 6. Approve Tentative Map of Tract No. 14055 with the findings and subject to the conditions suggested by the Planting Commission; 7. Sustain the action of the Planning Commission and approve Traffic Study No. 63 and Coastal Residential Development Permit No. 17. 4 A TO: City Council - 3. • Planning Commissia Rmmmendatlon At its meeting of March 8, 1990, the Planning Commission voted (6 Ayes, 1 Absent) to recommend approval of an Amendment to the Villa Point Planned Community District Regulations and a Tentative Tract Map, and approve a Traffic Study and Coastal Residential Development Permit for the proposed project. An excerpt of the Planning Commission minutes and a copy of the staff report prepared for the Planning Commission have been attached for the information of the City Council. Discussion There were two primary issues discussed by the Planning Commission in their consideration of this project, the affordable housing conditions and the landscape program. Staff has been working with the Irvine Company since the Planning Commission hearing, and the conditions recommended by the Commission have been agreed upon, with the following change to condition 2 on Coastal Residential Development Permit No. 17: "2. The affordable units provided shall be affordable to moderate income families if the units are for sale; or to low income families tMIRM (using Health and Safety Code Section 50093 income standards) at Section 8 fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. Preference shall be given to Section 8 certificate or voucher holders. The other issue related to the landscape program for the corner of East Coast HIghway and Jamboree Road, it was the recommendation of the Planning Commission that the final landscape plan be further reviewed by the Planning Commission, Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By Patricia L Temple Principal Planner Attachments: 1. Excerpt of Planning Commission Minutes - March 8, 1990 2. Planning Commission Staff Report 3. Supplemental Planning Commission Staff Report 4. Final EIR No. 146 - Comments and Responses 5, Draft Resolution - EIR No, 146 6. Draft Resolution - Amendment No, 705 Attached Separately: TO: aty Council - 4. 7. Draft Environmental Impact Report No. 146 8. Pl= and Elevations 9. Tentative Tract Map PLT CC\A705.SR2 COMMISSIONERS "6 ` MINUTES Much 8, 1990 ROLL CALL CITY OF NEWPORT BEACH IE INDEX .Cot I. Resolution No. 1217, reoammaading it City lution ss set forth in the attached R No.Pas1217 No. 1217 Adopt Resolution No 18, recommending it to the City Wesolutiat Council, as set f in the attached Resolution no, 121e p, Adopt Resolution No. 1219 Rasoluti.on re ending approval of Amendment No. 688 to the �, 1219 ty Council. TOM Item rio.6 Request to approve a Traffic Study so as to permit the of 90 additional dwelling units on property located TS 63 construction in Area 2 of the Villa Point Piaamed Community; and the A705 acceptance of an Environmental Impact Report. �i2oss AND cnP 17 (Noticed as Amendment No. 698) Approved Request to amend the Villa Point Planned Community Development Plan so as to reclassify the subject property from ,office/Visitor Serving Commerciar to 'Multi -Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2. AND Request to subdivide two existing parcels of land containing 9.3t acres, into a single lot for a 90 unit residential condominium development; and AND ,20- R1 •0 -COMMISSIONERS March 8, 1990 MINUTES ROLL CALL CITY OF NEWPORT BEACH tequest to approve a Coastal Residential Development Permit or the purpose of establishing project compliance pummt to he administrative guidelines for the implementation of the State aw relative to low and moderate income housing within the coastal Zone in conjunction with the construction of a 90 unit -esidendal condominium development on property located in the Villa Point Planned Community. LOCATION: Portions of Blocks 94 and 55, Irvine $ Subdivision and Parcel 1 of Parcel Map M 21 (Resubdivision No. 242), located at 1100 East Coast Highway, on the northeasterly corner of East Coast Highway and Jamboree Road, in the Villa Point Planned Community. ZONE: P-C APPLiCANI': Regis Contractors, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach I ENGINEER: Adams/Streeter, Irvine Commissioner Person referred to Condition No. 15 with respect to the landscape plan for the comer of East Coast Highway and Jamboree Road, and he asked if the condition could be modified to state %shall be submitted to the Planning Commission prior to implementation for final review.' Patricia Temple, Principal Planner, explained that the revised condition would be amp le to staff; however, she suggested that the Planning Commission provide specific guidance to the applicant. In response to a question posed bar Commissioner Glover, Commissioner Person clarified the modified 6ndition. Ms. Temple requested that Mitigation Measure No. 26 be changed from Newport Boulevard to Jamboree Road and But Coast Highway. Ms. Temple referred to the supplemental staff report wherein staff proposed revisions to EIR Mitigation -21- INDEX COMMISSIONERS A C MINUTES March 8, 1990 CITY OF NEWPORT BEACH ROIL CALL INDEXMeasures No. 23, 36, and 37, and Tentative Map of Tract No, 14055, Condition No. 26. The public hearing was opened in connection with this item and David DmohawsK representing The Irvine Company. and David McMahan, Project Manager for Regis Contractors appeared before the Planning Commission. In response to a question posed by Chairman Pomeroy, Mr. Dmohowsld indicated that the applicants concur with the findings and conditions in Exhibit "A" with the exception of affordable housing and views, Mr. Dmohowski referred to Condition No. 2, Coastal Residential Development Permit No, 17, regarding affordable units. He requested that the condition be modified so as to be consistent with the Affordable Housing Agreement that was executed with the City at the time Phase One, Villa Point, was approved. He said the Agreement requires 10 percent HUD Low and 10 percent County Median. He requested that Condition No. 2 be modified to state "nine units as HUD Low Income and nine units as County Median", so as to be consistent with the previous Agreement. Mr. Dmohowski explained that there are no Governmental subsidies or financial incentives available from the City to assist in the affordable housing provision, therefore, any subsidies that are provided would be at the expense of the property owner. Mr. Dmohowski stated that the applicants concur with all of the remaining terms and conditions of the affordable hawing program as recommended by staff. In response to a question posed by Chairman Pomeroy, Mr. Dmohowski explained that to provide 20 percent affordable units, the applicants would request a revision as to how the units are to be broken down in the affordability category. He further explained that 20 percent of the 90 units requested would be 18 units; and of the 18 units the applicants are requesting nine units low income and nine units County median. Commissioner Pers6n referred to Condition No. 3, Coastal Residential Development Permit No. 17, and he asked if the City was now requiring a thirty year affordability. Robert Lenard, Advance Planning Manager, explained that Condition No. 2 is consistent with the Newport Beach Housing -22- 'COMMISSIONERS • • MINUTES Much 8, 1990 CITY OF NEWPORT BEACH ROLL CALL1 I 1 Jill I I INDEX Element, and the requested affordability standards are similar to other projects approved by the City. He said that the approval of Phase One, Villa Point, gave the applicants the ability to provide the units off -site and that the same Oenbility is proposed for this phase. 1U affect of Villa Point, Phase One, was to condition some of the units to be at read that were essentially above market rate, so rather than have a reduction in rents on the exisdng apartment project, there was no effect. Too City was designating specific units where the 'affordable' rent standard exceeded what could be charged, based on the market. On that basis, staff has recommended (consistent with the Housing Element), that the Section 8 Standard be used so that the City will receive benefit from the imposition of the condition. Mr. Lenard explained that the Planning Commission could proceed with the staff recommendation so as to be consistent with the Housing Element; however, he suggested that the application be continued to a future Planning Commission meeting if it is the desire of the Planning Commission to modify the affordable housing condition so as to allow stiff additional time for further review of the Housing Element, and preparation of additional findings. In response to a question posed by Chairman Pomeroy, Mr. Lenard explained that Phase One of Villa Point was approved prior to the adoption of the General Plan Housing Element currently in effect, and that the most recent amendments were partly In response to the Villa Point Phase I affordable requirements which had no effect on rents. Commissioner Di Sano indicated that the entire Villa Point project was not approved simultaneously because of the service station that was previously located at the subject site. In 'response to a question posed by Commissioner Person with respect to the twenty year term of affordability, Mr. Lenard explained that the Housing Element requires a minimum term of twenty years. He indicated that the City Council has been placing a thirty year moratorium on high density projects that include a Density Bonus. 7 . COMMISSIONERS . MINUTES March S, 1440 CITY OF NEWPORT BEACH Rat. CALL 11 I I I I I I I INDEX Robin Flory, Assistant City Attorney, addressed the new Government Code provisions of the Incentive Density Bonus that require the thirty year affordability. Mr. Dmobowski addressed Condition No. 15, the landscape plan for the corner of Fast Coast Highway and ,Jamboree Road He explained that a view analysis evaluates the project with tha proposed landscaped treatment. Mr. Dmobowsld and Mr. McMahan presented an overlay of the project In conjunction with the pr landscape tan, and the visual impact the landscapingwould have from Fast Coast Highway. Mr. Dmohowski explained that the intent of the landscaping is to screen the probe of the project from the East Coast Highway and Jamboree Road intersection. In response to a question posed by Commissioner Person regarding a modification to Condition No. 15, Mr. Dmohowski requested the provision of an adequate landscape plan be required prior to the issuance of the Building Permit. Mr. Dmohowsld did not object to Condition No. 15 as submitted by staff; however, he said this theme landscape treatment exists on most of the corners in Newport Center and the theme treatment would be severely impacted by Mitigation Measure No. 15 and Condition No. 24 of the Tentative Map of Tract No. 14055. Mr. Dmohowski recommended a revision to Mitigation Measure No. 15 as follows: The landscape plan for the corner of East Coast Highway and Jamboree Road shall be designed in such a manner as to allow for public views through the area to tho Dover Shores bluff faces.", and that Condition No. 24 be deleted Mr. Dmohowski did not oppose a further review by the Planning Commission provided it would not delay the permit process. Commissioner Pers6n opposed The Irvine Company's revised .Mitigation Measure No. 15 and deleted Condition -No. 24 inasmuch as- he' said there is no density study; for the proposed palm trees as the trees relate to the -project, and it would be an opportunity for the applicant to review with staff the density, as it relates to the entrances to Newport Center as the project progresses. Commissioner Merrill and Commissioner Persdn discussed the view corridor as it relates to the proposed palm trees. .Z4. �-ZOMMISSIOMERS i ..- - - - --- MINUTES March 8. 1990 CITY OF NEWFORT BEACH Chairman Pomeroy referred to Condition No. 24, Tentative Map of Tract No. 14055, and staffs request that the intersection be graded down from 81 to 85 feet. Don Webb, City Engineer, explained that staff has requested a flat plane so as to enhance the view corridor. In response to a question posed by Commissioner Merrill. Mr. Webb replied the former service station was not constructed over the sewer easement. Mr. McMahan demonstrated from the exhibit that the easement is lasted substantially behind ldMcrrill with In response to a question pose by Commissioner respect to a review of the landscape plan, Jams Hewicker, Planning Director, explained that staff recommended mitigation measures and conditions that reflect concerns previously expressed by the City Council regarding the location, height and landscape treatment of walls and the loss of public views. Commissioner Edwards supported revised Mitigation Measure No. 15 as suggested by Commissioner Pers6n so as to allow further review by the Planning Commission► Mr. Dmohowski requested that "No increase in grade elevation is allowed, and some reduction in grade elevation may be Nuigr% to enhance views across the site', be deleted from n Measure No. 15 inasmuch as the mitigation measure and Tentative Map of Tract No. 14055, Condition No. 24 would be in conflict with a future decision made by the Planning Commission wherein it would necessitate a further amendment to the conditions of approval. Commissioner Merrill and Mr. McMahan discussed the visual impact of the proposed grading outside of the wall inasmuch as it elevates from 81 feet to 87 feet. Commissioner Glover expressed her concern that. the developer should be aware of the public's 'interest in the development on the undeveloped site inasmuch as it could be considered an Intrusion of the view plane. Mr. Dmohowski responded that the public view is minimal for the westbound driver on East Coast how Highway; ever, he indicated that the developer is attempting to preserve a view plane at the development site, 0 rOMMISSIONERS 6 MINUTES Motion Much 8, 1990 CITY OF NEWPORT BEACH ibere being no others desiring to appear and be heard, the )ublic hearing was closed at this time. *. Lenard addressed Coastal Residential Development Permit No. 17, Condition No. 2, wherein be indkated tbat the range in the Housing Element for the proposed development b from 15 percent to 25 percent at the 'fair market rent". He arplained that the Planning Commission would hoe a 15 percent to 25 percent latitude to be consistent with the Housing Ekment. He recommended that if the Planning Commissionapproved Im than 15 percent of 'fair market rent", that a f nd si rg be made stating it would not be economically feasible to provide more than 10 percent, Motion was made to approve Traffic Study No. 63, the acceptance of an Environmental impact Report. Amendment No. 705 (Resolution No. 1220), Tentative Map of Tract No. 14055, and Coastal Residential Development Permit No. 17, subject to the findings and conditions in Exhibit "A', including revisions recommended by staff as indicated in the addendum to the staff report: Mitigation Measures No. 23, No. 36. No. 37, Tentative Map of Tract No, 14055 Condition No. 26; that Mitigation Measure No. 15 be modified to state "lint the landscape plan for the corner of East Coast Highway and Jamboree Road shall be reviewed by the Planning Commission at a later date; and Mitigation Measure No. 26 be corrected as previously stated. In response to a uestion posed by Chairman Pomeroy, Mr. Webb did not obect to the applicant's request to delete Tentative Map of Tract No. 14055 Condition No. 24 as long as Mitigation Measure No. 15 remains inasmuch as the conditions are redundant. The maker of the motion agreed to delete Condition No. 24 stating "That the triangular area between the sewer easement and the East Coast Highway/Jambdme Road intersection be graded down to an elevation of 81 to 85 to provide a view corridor for westbound East Coast Highway traffic and that landscaping in this area be designed to provide a view corridor.* Chairman Pomeroy aonwrred with Commissioner Gloves concerns with respect to the view impact from East Coast 10 COMMISSIONERS a • MINUTES CITY OF NEWPORT BEACH March 8, 1990 ROLL CALL INDEXHighway inasmuch as the intersection has high visibility. He expressed a deslre to satisfy The Irvine Company as well as the residents of Newport Beach so as to provide public view preservation. In response to a question posed by Comunaitsioner Merrill, the maker of the motion requested that the hindscope plan be reviewed by the Planning Commission prior to the implementation of any landscaping. Discussion envied between the Planning Commission and staff with respect to when the Planning Commission should consider reviewing the landscape plan. Commissioner Merrill suggested a modification to Amended Mitigation Measure No. 15 by deleting the reference to the grade elevation. Patricia Temple, Principal Planner, suggested that the mitigation measure be modified to state that one of the issues that would be addressed would be the grade elevations at the Intersection, and that the Planning Commission review the landscape prior to the issuance of the Grading Permit. Ms. Temple addressed staffs request to revise the proposed Planned Community District Regulations and Development Plan with respect to private street setback; that no structures are permitted over the sewer line as requested by the County Sanitation District of Orange County; and a landscape condition that would be modified to reflect the mitigation measure, The maker of the motion agreed to include the foregoing changes in the motion. Mr. Dmohowski reappeared before the Planning Commission wherein he requested a flexibility of proceeding with the grading plan, recognizing the WuiscapF treatment would be subject to review. Chairman Pomeroy concurred; however, he explained. that if the grading plan would be required to be further nxxW d that there would be an addidoital cost -to the developer. Mr. Webb indicated that the cost incurred would be minimal inasmuch as the structures and roadways are set bark if additional grading is required. Commissioner Merniflexpressed his concerns with respect to the foregoing request. Commissioner Pers6n modified Mitigation Measure No. 15 stating that the Planning Commission review the landscape plan prior to the issuance of the Building Permit for the wall. -YI- . COMMISSIONERS • 0 MINUTES CITY OF NEWPORT BEACH March 8, 1990 ROLLCALL III Jill 1 1 INDEX Ayes Absent Motion was voted on to approve Traffic Study No. 63, the Environmental Impact Report, Amendment No. 705 (Resolution No. 122.0), Tentative Map of Tract No. 14055, and Coastal Residential Development No. 17, including added and revised findings and conditions in Exhibit W as stated and the revisions to the proposed Planned Community District Regulations and Development Plan as suggested by staff, MOTION CARRIED. 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance in all areas, and that the only remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental Impact Report has , been. 'considered in the various decisions made relative to this project. Mitigation Measures: 1. Development of the site shall be subject to a grading permit approved by the Building and Planning Departments. -28- 12. COMMISSIONERS • MINUTES March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL 11_I I I I I I _ I INDEX The grading permit than include a description of haul routes, aaoes+s�ttts to the site, and a watering program designed to m,lxre the impute of haul operations. 3. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the building Department prior to the ha mce. of the grading permiL A copy of the plan shall be forwarded to the California Regional Water Quality Contml Board, Santa Ana Region. 4. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the grading engineer. 5. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the recommendation of a sod engineer and an engineering geologist subsequent to ft completion of a comprehensive soil and geologic itmsdgation of the site. Permanent reproducible copies of the "Approved as Built" grading plans shall be fund3bed to the Building Department prior to the issuance of building permits. 6. Recommendations included in the Geotechnical Report shall be incorporated into project design where appropriate. 'the Building Department shall verify the application of the appropriate recommendations prior to the issuance of grading permits. 7. The velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as a part of project design 8. Prior to the issuantx of ' the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in such 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 Building Department. •29- 13 COMMISSIONERS MINUTES Much Sr 1990 CITY OF NEWPORT BEACH The development shall provide for vacuum sweeping of parking areas. 10. A pakontoiogical monitor shall be retained by the landowner and/or developer to attend presrade meetings and perform Wpections during development. 'flee paleontologist shall be allowed to divert, direct, or halt gradit}g in a specific area to allow for salvage of exposed materials. 11. Should fossils be discovered during grading operations, the landowner shall donate the fossils collected to a non-profit institution. 12. Existing on -site drainage facilities shall be Improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water, sewer, and storm drain for on -site improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. 13, A landscape plan, prepared by a licensed landscape architect, shall be submitted which includes a maintenance program that controls the use of fertilizers and pesticides. The plan shall be reviewed by the Parks, Beaches and Recreation Department and approved by the Planning and PubUc Works Departments. Prior to the issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 14. Landscaped areas shall be irrigated with.a system designed to avoid surface tin -off and over -watering. 15. The landscape plan for the corner of Fast Coast Highway and Jamboree Road shall be reviewed by the Planning Commission prior to the issuance of the Building Permit. That one of the issues to be addressed would be the grade elevations at the Intersection. K2 )if • COMMISSIONERS • MINUTES Much 8, 1990 CITY OF NEWPORT BEACH 16. Development shall be in substantial conformance with the approved site plan, floor pleas and elevations. 17. The project shall be designed so as to eliminate light and glare sp llage onto adjacent properties. 18. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 19. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 20. Street signs, tables, benches, planters, and other similar features on -site or adjacent to the project site shall be designed with a common theme compatible with the overall architectural style of the project. The design shall be approved by the Planning. Public Works, and Parks, Beaches and Recreation Departments prior to the issuance of an occupancy permit. 21. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation improvements. 22. The project shall provide for the reservation of right-of- way for the potential future grade separation of East Coast Highway and Jamboree Road as called out In the City's General Plan. 23. Construction activities will be conducted in accordance with Section 10.2&040 of the Newport Beach Municipal Code, limits noisy' construction activities. 24. Any mechanical equipment and emergency power generator shall be screened from view, and noise associated with said facilities shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a registered engineer practicing in acoustics and approved by the -31- !5 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH Much 8. 1990 ROLL CALL1 I 1 Jill I -- - I tNOEX Building Department. 25. All exterior 1nring areas (e.g. balconies and patios) whkh lie within the 65 C NEL contour shall be constructed with 6 foot high noise barriers. The noise barriers shall be continuous (no openings or gaps) and have a minimum density of 35 pounds per square foot. The walls may be stud walls with cement plaster exterior, y. Inch plate glass. 5/8 inch plexiglass, any masonry materia4 or any combination of these materials. Wood and other materials may be used if specifically designed as noise barriers. 26. All units exposed to exterior noise levels higher thin 65 t'.;NEL shall be constructed to achieve interior noise levels no greater than 45 CNEL. Prior to issuance of a building permit, a registered engineer practicing in acoustics shall review final architectural plans to determine what building upgrades will be ncvessary to achieve this standard. The Building Department shall require that such upgrades be incorporated into the plans prior to the issuance of the building permit. Most likely the only building upgrade that will be required is higher rate windows such as 3/16 inch single pane glass for all windows that are exposed to East Coast Highway and Jamboree Road. 27. Prior to the issuance of the occupancy permit, the Building Department shall require that an acoustical analysis be conducted by a registered engineer practicing in acoustics (at the dcvelopees expertise). 'ibis analysis shall determine if all noise mitigation has been installed as required and that noise levels will meet - City standards. The noise measurements shall be taken -at that point in the worst case unit where the highest noise levels are expected. If different noise attenuation methods are used for different units, then a worst case unit for each method shall be tested. 28. A dust control program in compliance with South Coast Air Quality Management District Rule 403 shall be •32- 16 • COMMISSIONERS . • MINUTES ROLL CALL March S, 1990 CITY OF NEWPORT BEACH Sanitation District that adequate sewer rapacity is available to serve the project. f5. Prior to the approval of the Newport Bcaact �ctt, the Ptilblic�Wio lest shall consult with the City the provision of a bus Department and OCi'D re&udrn8shelter, bench along Past stop and related amenities (i.e., � and shall Coast Highway adjacent to the project site, install any facilities determined to be necessary by the City and OCM. 36. The applicant shall contribute a fair share contribution to the schools, if required by the school district. 37. The project shall provide recycling bins in the trash disposal areas for the voluntary recycling of newspaper, aluminum and glass. The project shall also provide a mechanism for the collection and recycling of items disposed of in this manner. Subject to the approval of the Planning Department and General Services Department, this program may be substituted for one which accomplishes recycling without source point sorting. R. Tramc 1, That a Traffic Study has been prepared thee anal gsand the impact of the proposed project afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2 That the traffic study indicates that Icve1 of service on will neither cause nor make worse any major, primary -modified, or primary street. -34- INDEX 17 COMMISSIONERS • MINUTES March a. 1990 CITY OF NEWPORT BEACH Rat_ cALL 111 1111 1 I INDEX Adopt Resolution No. 1220, recommending adoption of Aaundment No. 705 to the City Council. 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Cade and Section 66415 of the Subdivision Map Act. 1. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. 2. That all improvements be constructed as required by Ordinanoe and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling 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. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. -35- UP COMMISSIONERS . • MINUTES March Sy 1990 CITY OF NEWPORT BEACH ROLL CALL III III I I t INDEX That the design of the private streets and drives conform with the Citlfs Private Street Poiiq (Ut), except as approved by the Public Works Department. The private street clear width from Back Bay Drive to the Parking Court shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. chat the private street be widened at the southwesterly corner of the development to provide adequate turning movement for trucks and that the curb return at that location have a minimum 25' radius. 7. That the intersection of the private streets and drives be designed to provide sight distance for a speed of ?S miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty- four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 8. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 9. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 10. That casements for public emergency and security ingress, egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map. 11. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure -36- ri COMMISSIONERS . 41 MINUTES March 8, 1990 CITY OF NEWPORT BEACH mot. cALL 1 1 1 Jill I - 1 INDEX parking plan for workers must be submitted and approved by the Pubtie Works Department. 19. That the trash enclosures be located so that they do not restrict vehicular sight distance. 20. That sidewalk conrift-Wm be made between Tuck Bay Drive and East Coast Highway and between the Jamboree Road/Cost Highway intersection and the westerly comer of the tract improvements. 21. That the footings on the proposed structures adjacent to the existing County Sanitation Sewer Main be deepened so that ezav2don of the existing sewer main using a one to one (1:1) slope from bottom of existing sewer will not under -cut the footings of the proposed structures. 22. 'That no mounding or rills be placed over the Sanitation District Sewer Easement and that the landscaping plan in the sewer easement area be approved by the Orange County Sanitation District with no trees or plants larger then 6 feet in height at full growth. That an irrevocable offer to dedicate street right-of-way for a future grade separation at Jamboree Road and East Coast Hig rwxy be offered and shown on the tract map. The area is as generally shown on the tentative map; the final cowration is to be approved by the Public Works Department. A traffic control and markings in shall be prepared showing all signs az fire lanes. The project shall pay In -lieu park fees pursuant to Chapter 19.50 of the Newport Beach Municipal Code. This fee can be sathAed through the use of existing park dedication credits generated by the dedication of the Mouth of Big Canyon and Bonita Creek Park. FE COMMISSIONERS • 0 MINUTES much 8, 1990 CITY OF NEWPORT BEACH locations, with width to be approved by the Public Works Department. 12. That all vehicular access rights to East Coast Highway and Jamboree Road be released and relinquished to the City of Newport Beach. 13. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 14. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, alongg with a master plant of water, sewer and storm drain facilities for the on -site improvements prior to issuing any grading or building permits or recording of the tract -map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 15. That County Sanitation District fees be paid prior to issuance of any building permits. 16. That the Public Works Department plan check and inspection fee be paid. 17. That any Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L 18. Disruption caused by construction work along roadways and by movement of construction vehicles shalt be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shaft be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall be stored within the East Coast Highway or Jamboree Road right-of-way, Prior to issuance of any Grading Permits, a -37- 31 COMMISSIONERS • MINUTES Much 8, 1990 CITY OF NEWPORT BEACH ROLL CALL III Jill I y INDEX 1. That the proposed development has met the requirements of Chapter 20.59 of the Newport Beach Municipal Code. Conditigns: 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, the form and content of which is acceptable to the City Attorney and the Planning Director, which guarantees the provision of eighteen affordable dwelling units on -site or off -site within the City, subject to the mutual agreement of the City and The Irvine Company. The affordable housing agreement shall be recorded as a deed restriction against the property. 2. The affordabk units provided shall be affordable to moderate income famines if the units are for sale; or to low income families (using Health and Safety Code Section 5M income standards) at Section 8 fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. Preference shall be given to Section 8 certificate or voucher holders. 3. The term of affordability shall be twenty years. 4. If it is proposed to provide the affordable housing units off -site within the City, the affordable housing agreement shall include provisions regarding the timing of the affordable units in relation to the occupancy of this project. • •39- XZ . . Attachment t Planning Commission Meeting Agenda Item No. CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department Mil Request to approve a Traffic Study so as to permit the construction of 90 additional dwelling units on property located in Area 2 of the Villa Point Planned Community; and the acceptance of an Environmental Impact Report. AND B. Amendment No. 705 (Public Hearine) (Noticed as Amendment No. 698) Request to amend the Villa Paint Planned Community Development Plan so as to reclassify the subject property from "Office/Visitor Serving Commercial' to "Multi -Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2. AND Request to subdivide two existing parcels of land containing 9.3t acres, into a single lot for a 90 unit residential condominium development; and AND D. Coastal Resideallal Development Permit No,17 (Discussion) Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone in conjutxuon with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. LOCATION: Portions of Blocks 94 and 55, Irvine's Subdivision and Parcel 1 of Parcel Map 12-21 (Resubdivision No. 242), located at 1100 East ?3 TO: JL9 Commission - 2. Coast Highway, on the northeasterly corner of East Coast Highway and Jamboree Road, in the Villa Point Planned Community. ZONE: P-C APPLICANT: Regis Contractors, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams/Streeter, Irvine If approved, the applications described above will allow the construction of 90 apartment units which will be Phase 11 of the Villa Point project currently under construction. The proposed site plan shows the units to be provided in 10 separate structures, with additional parking facilities and a pool/cabana area. The Newport Beach Municipal Code and the City Council Policy Manual contain review procedures for these applications, as follows: Environmental Impact Reports in City Council Policy K-3, Traffic Studies in Chapter 15.40 and City Council Policy S-1, Amendment to an established Planned Community Development Plan in Chapter 20.51, Tentative Tract Maps in Chapter 19.12 and Coastal Residential Development Permits in Chapter 20.69. In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, an Environmental Impact Report has been prepared for the proposed project. Environmental issues evaluated in the EIR are Geology and Soils, Water Resources and Water Quality, Landform Alteration and Visual Impacts, Traffic and Circulation, Noise, Air Quality, Cultural Resources and Cumulative Land Use Impacts. Based upon the information contained in the EIR, it has been determined that the proposed project, as mitigated, will not create a significant impact on the environment. The construction of the Villa Point Phase II Project will, however, result in cumulatively significant impacts in the areas of Water Quality, Traffic, Noise, Energy and Public Services and Utilities. The Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan designate the site for Multi -Family Raidouial land use, with a density of 228 dwelling units. The first phase of Villa Point contains 138 dwelling units. The General Plan allocation will, therefore, allow an additional 90 units, which is proposed by this project. The Muld-Family Rcsfdrntial designation allows for the construction of multiple dwelling units on a single subdivided lot, and allows either single ownenhip or .xq TO: JL Commission - 3. condominium development. The proposal is consistent with the General Plan and the Local Coastal Program, Land Use Plan Ile site proposed for development is currently vacant. A portion of the site on the corner of East Coast Highway and Jamboree Road was previously occupied by a gasoline service station. To the north of the project is the Sea Island eondominfum development. Northeast of the site is the Newport Beach Country Club. To the east of the site is Villa Point Phase 1, and beyond that is Am1wes Nursery. To the south of the site, across East Coast Highway, is the single family area of Irvine Terrace. To the west, across the intersection of Eat Coast Highway and Jamboree Road, is the Promontory Point Apartment project. To the west and northwest, across Jamboree Road, is vacant land which is designated in the General Plan for open space and retail lard uses, the Newport Dunes recreational area and the Newporter Resort hotel development. As previously discussed, this project is a 90 unit expansion of the Villa Point apartment project currently under construction on East Coast Highway easterly of Jamboree Road. The project includes ten structures for residential occupancy, plus other structures for parking and recreational uses. Six different floor plans are proposed, 34 of which are one bedroom units and 56 of which are two bedroom units. Parking for two of the floor plans is provided in attached garages. The balance of the parking for the project is in open parking or carports. 2.14 parking spaces are provided for each dwelling unit. Ingress and egress for the development will be via Back Bay Drive, through a signalized intersection at Jamboree Road. Emergency access is provided to the east through Villa Point Phase I and the Amlfngs. Nursery property. 'This project will be served by the existing Phase I leasing office. Slatistical SumMaM The development standards are governed by the Villa Point Planned Community District Regulations and Development Plan The development standards originally established for Phase 1 will now be applied to Phase H. A comparison of the project profile to these development standards is presented below: STATISTICAL SUMMARY Dwelling Units 90 90 Residential Parking 180 spaces 193 spaces Covered ar ' 90 spaces 91 spaces Building Height 32 feet 32 feet MAX. Setbacks: East Coast Highway 20 feet 25 feet Jamboree Road 20 feet 70 feet Back gay Drive 15 feet 10 feet 15 TO: Plakmfi* Commission - 4. A traffic study has been prepared for the proposed project in conformance with the City% Traffic Phasing Ordinance and Coundl Policy S-1. The proposed project is expected to be completed in 1990. Analyzes were, therefore, complete! for 1991. The City Traffic Engineer identified thirteen (13) intersections which could be affected by the project at full occupancy. The first step in evaluating intersections is to conduct a 1% traffic volume analysis, taking into consideration a fisting traffic, regional growth, and committed projea traffic. For any intersection where, on any approach leg, project traffic is estimated to be greater than 1% of the projected peak N hour volume in either the morning or afternoon, Intersection Capacity Utilization (ICU) is required. The 1% volume analysis identified one (1) intersection where traffic exceeded the one percent criteria, in the afternoon peak hour. The following chart summarizes the results of the Intersection Capacity Utilization analysis for the project. ICU SUMMARY - 1991 Existing 91 Existing 91 +Committed PEAK Existing +Committed +Growth Intersection HOUR (1989) +Growth ♦Project Jamboree Road/ PM 0.55 0.70 0.70 Santa Barbara Drive In order to meet the criteria of the CiVs Traffic Phasing Ordinance, a project must be found to neither cause nor make worse an intersection capacity utilization of 0.90 for the year of analysis which includes all committed traffic and regional growth. As shown by the above chart, the intersection affected by the project operates at an acceptable level. The project meets the criteria of the Traffic Phasing Ordinance. An amendment to the Villa Point Planned Community District Regulations and Development Plan is proposed in conjunction with this project. The amendment is necessary in order to change the land uses allowed in Area 2 from ice wlor CommercW to Muldpk Family Residential and to establish the density lintitof 90u tie This amendment is an implementation of the General Plan, and staff has no objections to the request. A number of.other amendments are also proposed which are minor in nature, but serve to spe4f3ally describe the actual development standards applied to the property. 24 TO: PJLg Commission - 5. • 1. The ability to utilize park daiecation credits from the Month of Big Cwiy+on and North Form is refarncad. In aooepting dedication of the Mouth of Big Carryon from The Irvine Company, the City and the Company entered into a Dedication and Park Credit Agreement establishing 5 acres of park dedication credit for the dedication of t 40 acres. Residential sites in Big Canyon and Newport Center were specifically identified as eligible to utilize these credits. The Irvine Company has used 2.67 acres of this credit for the Big Canyon area 10, Big Canyon area 16 and Villa Point Phase I. 2.33 acres of park dedication credit from the Mouth of Big Canyon remain. Additionally, 2 acres of park credit exist from the dedication of Bonita Creek Park. This project generates a requirement of 1 acre. Staff has no objection to the use of park dedication credit to satisfy the requirements of this project. 2. A statement regarding Internal bicycle and pedestrian trml has been removed There was a reference in the original P-C Text to residential area being designed to encourage bicycle and pedestrian travel. It is the opinion of staff that internal requirements of this nature are not necessary, so long as pedestrian and bicycle access to the arterial roadways is provided. Provision of this access is discussed in the section on the tentative tract map. 3. The deptition of buildable acreage has been removed The concept of buildable acreage was removed from the General Plan in the comprehensive General Plan update. The deletion of the definition is consistent with the General Plan, and staff has no objections to the request. 4. Temponvy gasoline monitoring and recovery equOnva is allowed at a permitted use, and is allowed in a setback area The Santa Ana Regional Water Quality Control Board has required the former service station site to be monitored for a period of two years. If gasoline is detected at any time, removal will be required. The monitoring facility is located inside the project fence, and will not be visible outside the project. Staff has no objections to location for the monitoring system, nor to the temporary siting of gasoline recovery facilities in a setback if it is required. 5. Regulations pertaining to detached garage or carport .structures on non -strut property lines have been eliminated The project has no internal property lines so this regulation has no meaning to.the proposed project. Staff has no objection to the elimination of the. language. 6. The parking requirement has been increased to two (2) parkhy spaces per dwelling unit. A detailed parking survey of large apartment projects was conducted for the original adoption of the Villa Point Planned Community. A chart describing the parking demand is on the following page. Based on these results, the City adopted a sliding parking requirement of 1.5 spaces per one bedroom unit, 1.75 spaces per two bedroom unit and 2.0 spaces per three bedroom unit. In their review of the Phase i project. the California Coastal Commission required that parking be provided at a rate on 2.14 spaces per unit. It is the opinion of stiff that the proposed parking requirement of two spares per dwelling unit Is adequate ).7 w APARTMENT PARKING SURVEY SUMMARY Ville Point it Vehicles Parked Parked Vehicles ..1ocatign L 4d Illegal JQW Per D.U. Promontory Point 8/13 Saturday 8:30 PM 554 5 559 1.08 (520 D.U.) 8/14 Sunday 6:30 AM 626 6 632 1.22 8/16 Tuesday 8:15 PM 542 5 547 1.05 0° 8/17 Wednesday 6:00 AM 610 3 613 1.18 Baywood 8/13 Saturday 8S5 PM 346 16 362 1.13 ' (320 D.U.) 8/14 Sunday 6:50 AM 420 21 441 1.38 0' C 8/16 Tuesday 8:45 PM 321 8 329 1.03 8/17 Wednesday 6:25 AM 395 13 408 1.28 PT Turle Rock 8/13 Saturday 9:15 PM 293 6 299 1.19 (252 D.U.) 8/14 Sunday 7:20 AM 320 5 325 1.29 8116 Tuesday 9:05 PM 294 3 297 1.18 8/17 Wednesday 6:45 AM 335 5 340 1.35 vu TO: Commission - 7. for this project The previous parking study dearly showed that larger apartment projects require less puking than that required by the City generally ni tMmulti- Family Residential areas (2.5). Staff has no objections to the proposed standard. 7. Regulations rgprdbW jaue heights have been rr dwd Provisions regarding view site setbacks have been eliminated. These Tare not necessary since no views are available through the site. Staff has no objections to this request. In addition to these changes proposed by the applicant, staff has some specific concerns and suggestions for revisions to the proposed Planned Community District Regulations and Development Pl= Setbacks. The P-C Text calls out a 15 foot setback from Back Bay Drive, a private street. Another section of the text calls out a five foot setback from private streets. The site plan shows a 10 foot setback from back of sidewalk on Back Bay Drive. Staff has reviewed the site plan and has no problem with the 10 foot setback on Back Bay Drive. We would, therefore, suggest that the defined setback on Back Bay Drive be established at 10 feet, and that the statement regarding "Streets - Dedicated and Private" be amended to read as follows: "...In the case of private or non -dedicated streets;�,�,�y a minimum setback from said streets of rive (5) feet shall be required for all structures..." Sewer Easement Setback. The County Sanitation Districts of Orange County has a sewer line easement crossing the property near the corner of East Coast Highway and Jamboree Road. In a letter dated February 27, 1990 (attached), the Districts requested that no permanent structures be allowed over the sewer line, or within fifteen (15) feet of either side of the sewer line. Additionally, they request that no mounding or rill be permitted on the sewer line, nor the planting of any tree or bush larger than six (6) feet in height at full growth. Staff has no objections to the request of the Sanitation Districts, although it should be noted that this requirement would significantly impact the proposed landscaping plan for this corner of the project. The landscape plan in this area is discussed in greater detail later in this report Should the Planning Commission desire to add the Districts' request to the P-C Text, an additional General Note should be added as follows: "16. No permanent structures - are permitted over the sewer line of the - County Sanitation Districts of Orange County, nor within fifteen (15) feet of either side of this line. No mounding or fill is permitted over this sewer line setback area, and no tree or bush larger than six (6) feet in height at full growth is allowed in this area" Landscape Plan. The proposed landscape plan includes the edge treatment of areas along Jamboree Road and East Coast Highway. The landscape plan for this area has been revised from the original submittal to slightly relocated the project fence, to remove the sports court, and to show the landscaping for the corner. A copy of the revised corner treatment is attached to this report. 39 r • TO: Pang Commission - 8. The primary feature of the revised landscape plan is the placement of a dense stand of palm trees mixed with aleppo pines in a significant portion of the corner setback area. This area is very large due to the combined requirements to setback from the sewer line and to provide roadway reservation for the potential grade separation at Jamboree Road and East Coast Highway. The plan also shows mounding in this area The plan proposed reduces the potential for public views from Fast Coast Highway across this corner of the site to the cliff surrounding Upper Newport Bay, and on clear days, to a panorama which includes the distant mountains. It is the position of staff that the landscape design for this corner of the project be revised to address the combined concerns of the County Sanitation Districts and the potential for enhanced public views. This could be achieved through an elimination of the mounding at the corner, and a change in the landscaping concept away from the dense stand of palm trees to a use of more low growing shrubbery and ground cover, with screening bushes at the fence line. Additionally, some existing berms should be re- graded to lower the elevation of parts of the area. In this concept, a limited number of trees could be allowed to provide interest to the landscape without totally obscuring the views through to the Dover Shores bluff faces. Should the Planning Commission desire to implement this proposal, the following language should be added to General Note No. 7 in the P-C Text, as follows: "7. Undacaping Project Elevation and Visual Prominence. In addition to landscaping, the elevation of the project as related to adjacent development has been identified as an Issue. The pad elevation of this project is 85 feet. It is at a similar elevation to the Villa Point Phase I project. The other adjacent project, Sea Island, was developed under a different design concept which included the tiering of 'the residential pads up from Jamboree toad. As a result, the residential units immediately adjacent to the project, across Back Bay Drive, are at elevations ranging from 54 feet to 68 feet. It is important to note, however, that the lowest tier of Sea island Is immediately adjacent to Jamboree Road. The right-of-way reservations associated with this project require significantly greater setbacks than that required of Sea Island. The second tier of homes in Sea Island range in elevation from 62 to 104 feet, and the third tier is from 74 to 116 feet. It is the opinion of staff that the project will be visually prominent, but no more so than the adjacent developments. 30 0 TO: Commission - 9. The project includes a request to subdivide 2 existing parcels of land containing t 9.3 acres into a single Iod for a 90 unit residential condominium development. Although a condominium map is proposed, the property owner intends the occupancy of the project to be as apartments. An issue which has been identified is the provision of pedestrian access from the project to the arterial highway system. The project is located in close proximity to the recreational resources of Upper Newport Bay across Jamboree Road, and Balboa Island and Lower Newport Bay across Coast Highway. It is the opinion of Planning and Public Works Department staff that walkway connections should be placed between Back Bay Drive and East Coast Highway and between the westerly project corner and the intersection of Fast Coast Highway and Jamboree Road to facilitate this pedestrian movement. A eorAtion of approval requiring these connections is included in those suggested for the tentative tract map. Public Works and Planning Department staff have reviewed the proposed subdivision, and have no objections to the request. The proposed development is in the Coastal Zone and contains 10 or more dwelling units. The project must, therefore, comply with the provisions of Chapter 20.69 of the Newport Beach Municipal Code, which requires the inclusion of low or moderate income housing in the Coastal Zone, where feasible. It is currently envisioned that the project will provide 18 units (20%) off -site for affordable housing in the Baywood apartment project. The project is, therefore, in compliance with Chapter 20.69. The conditions of approval have been worded to address the provision of affordable units either on or off site, subject to the mutual agreement of the City and The Irvine Company. The term of affordability will be for 20 years, preference will be given to Section 8 voucher holders, income keels shall be established using the Section 50093 standards (Health and Safety Code) and rents shall be as defined by Section 8 Fair Market Rents. Chapter 15.40 of the Newport Beach Municipal Code sets forth specific findings which must be made in order to approve a Traffic Study. Section 19.12.020(D) provides that the Commission shall make specific findings in order to approve a tentative tract map. Requirements for the approval of a Coastal Residential Development Permit are in Chapter 20.69. It is the opinion of staff that the project meets all the specified criteria for approval of this project. While no specific findings are set forth in the Code for the approval of an amendment to Planned Community District Regulations and Development Plum, it is the opinion of staff that the proposed changes are consistent with the Genend Plan, and the 31 . 0 TO: Commission • 10. additional changes requested by staff will address identified concerns of the surrounding community. Should the Planning Commission desire to approve the project, Finddiugs and Conditions for Approval are attached as Exhibit OA7. If it is the desire of the Commission to deny the project, Findings for Denial arc suggested in Exhibit Ir. PLANNING DEPARTMENT JAMP.S D. HEWICKER, Director By Patricia I. Temple Principal Planner Attachments: 1. Exhibit "A' 2. Draft Resolution - Planncd Community Text Amendment 3. Exhibit "B" 4. Vicinity Map 5. Letter from County Sanitation Districts 6. Revised landscape plan exhibit 7. Draft Environmental Impact Report 8. Draft Planned Community District Regulations 9. Plot Plan, Floor Plans and Elevations 10. Tentative Tract Map PIT PC\A705.SR I 3 7- 07 1 To: A6 Commission - 11 [W:e111 II . FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL IMPACT REPORT NO. 146 TRAFFIC STUDY NO. 63 AMENDMENT NO. 705 TENTATIVE MAP OF TRACT NO. 14055 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 17 I. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3, That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance in all areas, and that the only remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. Mitigation Me res: 1. Development of the site shall be subject to a grading permit approved by the Building and Planning Departments. 2. The grading permit shall include a description of haul routes, access points to the site, and a watering program designed to minimize the impacts of haul operations. 3. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department prior to the Issuance of the grading permit. A copy of the plan shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 4. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the grading engineer. 33 To.. Pla4 Commission - 12 • S. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built' grading plans shall be furnished to the Building Department prior to the issuance of building permits. G. Recommendations included in the Geotechnical Report shall be incorporated into project design where appropriate. Mw Building Department shall verify the application of the appropriate recommendations prior to the issuance of grading permits. 7. The velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as a part of project design. g. Prior to the 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 such 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 Building Department. 9. The development shall provide for vacuum sweeping of parking areas. 10. A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform inspections during development. no paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed materials. 11. Should fossils be discovered during grading operations, the landowner shall donate the fossils collected to a non-profit institution. 12. Existing on -site drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water, sewer, and storm drain for on -site improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. 13. A landscape plan, prepared by a licensed landscape architect, shall be submitted which includes a maintenance program that controls the use of fertilizers and pesticides. The plan shall be reviewed by the Parks, Beaches and Recreation Department and approved by the Planning and Public Works Departments. Prior to the issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the Iandscaping has been installed In accordance with the approved plan. 14. Landscaped arcs shall be irrigated with a system designed to avoid surface run- off and over- watering. 34 TO: g Commission - 13 15. The landscape plan for the corner of Fast Coast Highway and Jamboree Rout shall be designed in such a manner as to allow for public views through the area to the Dover Shores bluff faces. No increase in grade elevation Is allowed, and some reduction in grade elevation may be required to enhance views across the site. 16. Development shall be in substantial conformance with the approved site plan, floor plans and elmdons. 17. The project shall be designed so as to eliminate light and glare spillage onto adjacent properties. 18. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 19. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 20. Street signs, tables, benches, planters, and other similar features on -site or adjacent to the project site shall be designed with a common theme compatible with the overall architectural style of the project. The design shall be approved by the Planning, Public Works, and Parks, Beaches and Recreation Departments prior to the issuance of an occupancy permit. 21. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contnbudon Ordinance), the applicant shall contribute funds towards traffic and circulation improvements. 22. The project shall provide for the reservation of right-of-way for the potential future grade separation of East Coast Highway and Jamboree Road as called out in the City's General Plan. 23. Construction activities will be conducted in accordance with the Newport Beach Municipal Code, which limits the hours of construction and excavation work to 7:00 a.m. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. 24. Any mechanical equipment and emergency power generator shall be screened from view, and noise associated with said facilities shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be baud upon the recommendations of a registered engineer practicing in acoustics and approved by the Building Department. 25. All exterior living areas (e.g. balconies and patios) which Ile within the 65 CNEL contour shall be constructed with 6 foot high noise barriers. The noise barriers shall be continuous (no openings or gaps) and have a minimum density of 33 pounds per square foot. IMe walls may be stud walls with cement plaster exterior, V4 inch plate glass, 5/8 inch plexiglass, any masonry material. or any combination �� 5 TO: nx Commi sim - 14 • of these materials. Wood and other materials may be used if specifically deslgned as noise barriers. 26. All units exposed to exterior noise levels higher than 65 CNEL shall be constructed to achieve interior noise Levels no greater than 45 CNEL Prior to issuance of a building permit, a registered engineer practicing in acoustics shall review final architectural plain to determine what building upgrades will be necessary to achieve this standard The Building Department shall require that such upgrades be Incorporated into the plans prior to the issuance of the building permit. Most likely the only building upgrade that will be required is higher rate windows such as 3/16 inch single pane glass for all windows that are exposed to Newport Boulevard. 27. Prior to the issuance of the occupancy permit, the Building Department shall require that an acoustical analysis be conducted by a registered engineer practicing in acoustics (at the developers expense). This analysis shall determine if all noise mitigation has been installed as required and that noise levels will meet City standards. The noise measurements shall be taken at that point in the worst case unit where the highest noise levels are expected. If different noise attenuation methods arc used for different units, then a worst we unit for each method shall be tested. 28. A dust control program in compliance with South Coast Air Quality Management District Rule 403 shall be implemented during demolition, excavation and construction. This program shall include such measures as: containing soil on - site until it is hauled away, periodic watering of stockpile soil, and regular vacuum sweeping of streets used for the haul operation to remove accumulated material. 29. Prior to the issuance of building permits, the Fire Department shall review the proposed plans to determine the adequacy of emergency access. The Department may require indoor fire protection features, such as overhead fire sprinklers, if it determines that such measures are necessary to provide adequate fire protection. 30. Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. 31. All onsite fire protection (hydrants and Fire Department connections) shall be approved by the Fire Department and Public Works Department. 32. The applicant shall install an Opticon device in the Back Bay Drive/Jamboree Road signal. 33. Final design of the project shall provide for the Incorporation of water -saving devices for project lavatories and other water -using devices. This shall be verified by the Building Department prior to issuance of occupancy permits. ;;L. TO: JL Commission - 15 0 33. Prior to issuance of building or grading permits, a master plan of water and sewer facilities shall be prepared for the site. The applicant 0=11 verify the adequacy of existing water and sewer facilities and construct any modification of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities. 34. Prior to the occupancy of any building. the applicant shall provide written verification from the Orange County Sanitation District that adequate sewer capacity is available to serve the project. 35. Prior to the approval of the final tract map, the applicant shall consult with the City of Newport Beach Public Works Department and OCM regarding the provision of a bus stop and related amenities (i.e., shelter, bench) along East Coast Highway adjacent to the project site, and shall install any facilities determined to be necessary by the City and OCtD. 36. The applicant shall contribute a fair share contribution to the re -opening of schools, if required by the school district. 37. The project shall provide recycling gins in the trash disposal areas for the voluntary recycling of newspaper, aluminum and glass. The project shall also provide a mechanism for the collection and recycling of items disposed of in this manner. R. RAMs Study No. 63. Findin&5: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and aftemoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary -modified, or primary street. C. Amendment No. 705, Adopt Resolution No., recommending adoption of Amendment No. 705 to the City Council. D. Tentifile Map of MMct No. 14055, 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 37 TO: nAg Commission - lb • 2. That public improvements may be required of a developer per Section 19.06.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. Conditions: 1. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling 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. S. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the design of the private streets and drives conform with the City's Private Street Policy (Lr4), except as approved by the Public Works Department. The private street clear width from Back Bay Drive to the Parking Court shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. That the private street be widened at the southwesterly corner of the development to provide adequate turning movement for trucks and that the curb return at that location have a minimum 25' radius. 7. That the intersection of the private streets and drives be - designed to provide sight distance for a speed of 25 miles per hour. Slopes, lartdssape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. S. That the California Vehicle Code be enforced on the private streets and drives. and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 9. . That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. .34 TO; P1 Commission - 17 • 10. That casements for public emergency and security ingress, egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map. 11. That aspbalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department+ 12. 'Brat all vehicular access rights to Fast Coast Highway and Jamboree Road be released and relinquished to the City of Newport Beach. 13. That street, drairuge and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 14. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuing any grading or building permits or recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 15. That County Sanitation District fees be paid prior to issuance of any building permits. 16. That the Public Works Department plan check and inspection fee be paid. 17. That any Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L 18. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall be stored within the East Coast Highway or Jamboree Road right-of-way. Prior to issuance of any Grading Permits, a parking plan for workers must be submitted and approved by the Public Works Department. 19. That the trash enclosures be located so that they do not restrict vehicular sight distance. 20. That sidewalk connections be made between Back Bay Drive and East Coast Highway and between the Jamboree Road/Coast Highway intersection and the westerly corner of the tract improvements. TO; PAng Commission - 18 • 21. That the footings on the proposed structures adjacent to the existing County Sanitation Sewer Main be deepened so that excavation of the existing sewer main using a one to one (l:l) slope from bottom of existing sewer will not under -cut the footings of the proposed structures. 22. That no mounding or fills be placed over the Sanitation District Sewer Easement and that the landscaping plan in the sewer easement area be approved the Orange County Sanitation District with no trees or plants larger then 6 by et in height at full growth. 23. That an irrevocable offer to dedicate street right-of-way for a future grade separation at Jamboree Road and East Coast Highway be offered and shown on the tract map. The area is as generally shown on the tentative map; the final configuration is to be approved by the Public Works Department. 24. That the triangular area between the sewer casement and the East Coast Highway/Jamboree Road intersection be graded down to an elevation of 81 to 85 to provide a view corridor for west bound Coast Highway traffic and that landscaping in this area be designed to provide a view corridor. 25. A traffic control plan shall be prepared showing all signs and markings including fire lanes. F_ Coastal_ Residential_ r&jlgpmenLPermit No. ,j , Finding; 1. That the proposed development has met the requirements of Chapter 20.69 of the Newport Beach Municipal Code. SQO�itios: 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, the form and content of which is acceptable to the City Attorney and the Planning Director, which guarantees the provision of eighteen affordable dwelling units on -site or off -site within the City, subject to the mutual agreement of the City and The Irvine Company. The affordable housing agreement shall be recorded as a deed restriction against the property. 2. The affordable units provided shall be affordable to moderate income families if the units are for sale; or to low income families (using Health and Safety Code Section 50093 income standards) at Section 8 fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. Preference shall be given to Section 8 certificate or voucher holders. 3. The term of affordability shall be twenty years. Its TO: Pl�ng Commission • 19 0 4. If it is proposed to provide the affordable housing units off -site within the City, the affordable housing agreement shill include proviskms regarding the timing o[ the affordable units in relation to the occupancy of this project. q1 ' TQ • planning Coaamisrioo - ZO • RLSOUTIiON NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWTURT BEACH RECDMMENDING APPROVAL TO THE CRY COUNCIL OF AN AMEND- MENT TO THE VILLA POINT PLANNED COMMUNM DISTRICT REGULATIONS (PLANNING COMMISSION AMENDMENT NO. 705) WHEREAS, u pan of the development and implementation of the Newport Beach General Plan the LAW Use Mement has been preMed; and WHEREAS, the Newposl Beach Municipal Code provWO specific ptomlures for the implementation of PUnncd Community zoning for properties within the City of Newport Beach; and WHEREAS, an asnendrnent to the Villa Point Planned Community is necessary In order to maintain consistency between the Newport Beach General Plan and the Zoning Ordinance; and WHEREAS, the City of Newport [leach prepared an Environmental Impact Report for the project in compl4ace with the California Environmental Quality Act (=A) and the State CEQA Gusdelines; and WHEREAS, the Planning Commission has reviewed and considered the information contained in the cnv4ocunental document in malting its decision on the proposed amendment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend to the City Council an wund- rnent to the Villa Point Planned Community designated as Planning Commission Amendment No. 705 as shown on Exhibit I attached. ADOPTED this — day of March . 1990, by the following We, to wit: AYES NOES ABSENT BY any W. Pomeroy. CHAIRMAN BY PI T SECRETARY PC\A706.RS1 qz 'rpl MALgConunission - 21 EXHIBIT OBI FINDINGS FOR DENIAL ENVIRONMENTAL IMPACT REPORT NO. 146 TRAFFIC STUDY NO. 63 AMENDMENT NO. 705 TENTATIVE MAP OF TRACT NO. 14055 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 17 1. That an environmental document is not needed for a project which is denied. 1. That a Traffic Study is not needed for a project which is denied. Findings; 1. That the project design will result in undesirable and abrupt scale relationships in the area, particularly on Jamboree Road where the first tier of the Sea island project is significantly lower in elevation to the proposed project. 2. That the proposed landscape plan will result in the obstruction of public views from East Coast Highway across the subject site. Finding: i. That the site is not appropriate for the density which is being proposed. 2. That the design of the project has problems from a planning standpoint in the areas of landscaping and scale to the surrounding development. Einding: 1. That a Coastal Residential Development Permit is not needed for a project which is denied. PC\A705YM q3 Alm i -• February 17, 1990 xr. Don Hebb city Engineer city of Newport Beach 3300 1lwport Boulevard post Office Box 1768 Newport Beach, CA 92659-1768 Dear Don$ Subjeate Tentative Tract No. 14055 Villa point Apartments In response to inquiries from your department concerning the pending approval of Tentative Tract NO- 14055# the Sanitation District requests that you condition this tract to not allow construction of permanent structures over the saver line or within 15 fat of either side of the line. In addition, we request that no aoanding or fills be permitted on the setter linep nor the planting of SAY tree or bush larger than 6 Meet in height at lull growth. Thank you for the opportunity to cos nt on the Villa Point Apartaent project. zcmae uly re, M. Deves Director of ingineering THDIjt VIA FAX K5 ;t3 MA /uAND ARVW COAST COMM cum r� OVA go I fir+jf . ,��:.�• 'e,, :. ' Iris/=/I f �.� .rr r�i Y y rr rr �T C04CMU" 4YgiGM ft" SITE PL FMI cc r ,•S. fr'�r •/ Vllifq TEli7�T1Y[ 71 ACT M0. 1�! TO: UT4u. SUBJECT: Attactowpc J Planning Commission Meeting __ Agenda Item No. _ b CITY OF NEWPORT BEACH Planning Commission Planning Department Staff has further reviewed the suggested conditions for approval of the Villa Point Phase 11 project, and proposes the following revisions: 23. 36. 37. Construction activities will be conducted in accordance with the Newport Beach Municipal Code, which limits The applicant shall contribute a fair share contribution to the of schools, if required by the school district. The project shall provide recycling bins in the voluntary recycling of newspaper, aluminum and provide a mechanism for the collection and recy manner. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By Patricia L Temple Principal Planner trash disposal areas for the *L The project shall also inx of items disposed in this PLT MA705 SR2 47 • HLLd1.ar.aC.ar ti FINAL ENVIRONMENTAL IMPACT REPORT NO. 146 VILLA POINT PHASE 11 SCH# 89010078 CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92659.1768 CONTACT PERSON: PATRICIA TEMPLE (714) 644-3225 THE BUTLER/ROACH GROUP, INC. 1660 NORTH HOTEL CIRCLE DRIVE, SUITE 606 SAN DIEGO, CA 92108 CONTACT PERSON: TROY M. DAVIS (619) 298.7127 April 16, 1990 1. 0 Copies of all comments received Comments have been numbered Responses are presented for each issue. The comments and response of the Environmental Impact Repo the certifying body. s n as of April 13, 1990 and responses have been comment which raised which are included in at such time as they Commentators 1. Letter - April 4, 1990 Kara A. Rigoni Regional Coordination Office County of Orange 2. Letter - April 3, 1990 Robert F. Joseph Advance Planning Branch Department of Transportation State of California 2 are contained in this report. correspondingly numbered, a significant environmental this report will become part are accepted as adequate by DT - 1 11 a e of NC31E • ENVIRONMENTAL MANAGEMENT AGENCY fit, 04 S90 UK3UEL k NJAW DIRECTOR, EMA 12 CIM CENTER PLAZA SANTA ANA, CALIFORHIA LWUNG ADDRESS: P.D. Box 404d SANTA ANA. CA 02702•404a FU Patricia Temple, Principal Planner City of Newport Beach 2200 Newport Blvd. NCL 90-41 P.O. Box 1768 Newport Beach, CA 92659-1768 SUBJECTs DEIR for the Villa Point Condominiums Dear Ns. Temple, TELEP:40NE: (7t4) 834.M FAX 1534-2395 The above referenced item is a draft Environmental Impact Report (DEIR) for the City of Newport Beach. The proposed project would build a 90 unit apartment/condominium development at 1100 East Coast Highvay' near Jamboree Road. The County of Orange has reviewed the DEIR resulting in the following comments: Vater Resources The section on mitigation of water quality impacts does not elaborate on any elements of the proposed plans to limit/prevent water quality deterioration. It is impossible, without further information, to make any assessments as to the feasibility of any of these programs. The final EIR should contain this informstion. It should include commitments to incorporate structural (eg. detention basins) and non-structural (eg. street sweeping, catch basin cleaning, public education of the residents) Best Management Practices for reducing pollution (eg. eroded soils, heavy equipment residues, waste oil, fertilizers, pesticides and herbicides) in runoff during the construction and post -development phases. The County's Transportation Planning Division will be sending their comments under separate cover to you within the week. Thank you for the opportunity to respond to the DEIR. If you have questions, please call Kari Rigoni at (714) 834-2109. RECEIVED BY PLANNING DEPARTMENT CITY Of NEWPORT BEACH APR 6 1990 AN ps Very truly yours Joan S. Golding, Program Manager Regional Coordination Office 4 � Byt ton , r er CHstk(0040410395329) PAR Of CA AND M ATIOM A004CY VMW MNAWJ1AK DEPARTMENT OF TRANSPORTATION WTF0CT 12 RECEIVED 3`r 2501 PULLMAN STRM SAWA ANA, CA 92706 PLANNING DEPARTMENT CITY OF NEWPORT BEACH To: APR 1 11990 AM PU 718191MIU12111213141516 Ms. Patricia L. Temple April 3, 1990 Principal Planner , File: IGR\CEQA City of Newport Beach DEIR Villa Point Newport Beach, CA 92658-8915 SCH 189010078 Subject: Villa Point Condominiums Phase II Ms. Temple: Thank you for the opportunity to comment on thin DEIR for the formation of a Villa Point Condominiums Phase II development plan. Caltrans District 12 has no comment other than the project mitigation measures must be consistent with the East Coast Highway improvement plans and associated costs shall not be the responsibility of the State. Furthermore, the project may require ON an Encroachment Permit be issued should any part of the proposed project infringe on any portion a State facility. Please continue to keep us informed on this proposed project as well as others proposed in the future that could potentially impact our transportation facilities. If you have any questions or need to contact us, please call me at (714) 724-2235. T n yo , VRobert F. os ph, hies Advance Planning Branch cc: Bill Bengtson, Permits Brad McAllester, HQTRS Planning Garrett Ashley, OPR • The following section responds to all comments related to the Draft Environmental Impact Report. Several comments do not address the completeness or adequacy of the EIR, do not raise significant environmental issues, or request additional information. A substantive response to such comments is not appropriate within the context of the California Environmental Quality Act. Such comments are responded to with a "comment acknowledged" reference. This indicates that the comment will be forwarded to all appropriate decision makers for their review and consideration. CO-1 Comment The section on mitigation of water quality impacts does not elaborate on any elements of the proposed plans to limit/prevent water quality deterioration, It is impossible, without further information, to make any assessments as to the feasibility of any of these programs. The final EIR should contain this information. It should include commitments to Incorporate structural (eg. detention basins) and non-structural (eg. street sweeping, catch basin cleaning, public education of the residents) Best Management Practices for reducing pollution (eg. eroded soils, heavy equipment resides, waste oil, fertilizers, pesticides and herbicides) in runoff during construction and post development phases. CO-1 Response It appears that the maker of the comment did not read the entire Environmental Impact Report before making the above comment. The EIR addresses erosion of soils in the section on Geology, rather that in the section on water quality. Within that section is discussion of many of the concerns addressed by the comment, and Includes a complete set of mitigation measures for both structural and non-structural erosion control measures. The mitigation measures are as follows: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. That 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 the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 5 3. The grading permit shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize the impact of haul operations. 4. An erosion, siltation and dust control plan, if required, 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. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the City Grading Engineer. 5. Prior to approval of the final grading plan, recommendations of the geotechnical report shall be incorporated into the final design and engineering of the project. 6. The Irvine Company has provided approximately 1,100 linear feet of an off -site storm drain, from Jamboree Road down Back Bay Drive to an existing storm drain inlet structure at the back bay. This storm drain was constructed as mitigation for Villa Point Phase I and will be adequate for the additional runoff from Phase 11. 7. A storm drain was provided as part of the project, to channel surface waters from the project site and a portion of East Coast Highway to the mmter-planned off - site storm drains. This storm drain was constructed as mitigation for Villa Point Phase 1. 8. The velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as a part of project design. 9. Prior to the 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 such 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 Building Department. 10. The development shall provide for vacuum sweeping of parking areas. 11. Landscaped areas shall be irrigated with a system designed to avoid surface run- off and over -watering. 12. A landscape plan, prepared by a licensed landscape architect, shall be submitted which includes a maintenance program that controls the use of fertilizers and pesticides. The plan shall be reviewed by the Parks, Beaches and Recreation Department and approved by the Planning and Public Works Departments. Prior to the issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 6 3_3 13. Landscaped areas shall be irrigated with a system designed to avoid surface run- off and over -watering. DT - 1 Comment Caltrans District 12 has no comment other than the project mitigation measures must be consistent with the East Coast Highway improvement plans and associated costs shall -not be the responsibility of the State. Furthermore, the project may require that an Encroachment Permit be issued should any part of the proposed project infringe on any portion of a State facility. Please continue to keep us informed on this proposed project as well as others proposed in the future that could potentially impact our transportation facilities. DT - l Response Comment has been noted and will be forwarded to the decision makers for consideration relative to the project. The project has been designcd to be consistent with the East Coast Highway improvement plans. 7 .3 • • • ANae1a�[it 5 RESOLUTION NO. A RESOLUTION OF TIIE CITY COUNCIL OF THE CM OF NEWPORT BEACH CERTIFYING AS COMPLETE AND ADEQUATE THE FINAL ENVIRONMENTAL IMPACT REPORT NO. 1K FOR THE VILLA POINT PHASE 11 PROJECT WHEREAS, the Draft Environmental Impact Report No. I;h provided emironmental impact ammment for the proposed Villa Point Phase It Project; and WHEREAS, the DEIR was prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and Council Pollcy K•3; and review; and WHEREAS, the DEIR was circulated to the public for comment and WIIEREAS, written comments were teceived from the public dining and after the review period; and WHEREAS, the Planning Commission of the City of Newport heath conducted a public hearing to receive public tntirnony with respect to the DBIR; and WHEREAS. such comments and testimony were responded to through Response to Comments and staff reports submitud to the Planning Commission and City Council; and WHEREAS, such comments and testimony were fully and adequately responded to in the manner set forth in California Administrative Code Section ISOM (b); and WHEREAS, the Planning Commission of the City of Newport Beach has reviewed all environmental documents comprising the EIR and has found that the EIR corulders all environmental impacts of the prod Villa Point Phase 11 Project completely and adequately and fully complies with all requirements of CEQA and the CEQA Guidelines; and WHEREAS, the City Council has reviewed and considered the Information contained In the certified final EIR in making its decision on the proposed Villa Point Phase 11 Project; and WHEREAS. the City Council desires to approve the project; and WHEREAS. the City Council by this Resolution adopts the Statement of Facts W Statement of Overriding Considerations as required by Sections IS091 and 15M of the State CEQA Guidelines; and WHEREAS. Section 21002.1 of CEQA and Section 15091 of the State CEQA Guidelines require flat the City Council make one or more of the follwwing Findings prior to the apprv.-al of a project for which an EIR has been completed. identifying one or more significant effects of the project, along with Statements of Facts supporting each Finding: FINDING 1 • Changes or alterations have been required in, or Incorporated into. the project Which mitigate or avoid the significant environmental effects thereof as identified in the EIR. FINDING 2 • Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the Finding. Such changes have been adopted by such other agency or can arul should be adopted by such other agency, FINDING 3 • Spcafu economic, Wit] or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR; and WHEREAS. Section 15092 provides that the City shall not decide to approve or carry out a project for which an EIR was prepared unless it has (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings under Section 15091, and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 150 % and WHEREAS. Section 15093 (a) of the State CEQA Guidelines requires the City Council to balance the benerns of a proposed project against Its unavoidable enviroamerttal risks in determining whether to approve the project; and WHEREAS. Section 15903 (b) of the State CEQA Guidelines requires, where the decision of the City Council allows the occurrence of significant effects which 2 .. -TL are identified in the EIR but are not mitigated, the (3tr must suite In writing the reasons to support its action based on the EIR or other idDrmation in the record. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Reach that: I. The City Council nukes the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final EIR, together with the Finding that each fact In support of the Finding is true and based upon substantial evidence in the record, Including the Final EIR. The Statement of Fad:u is attached hereto as Exhibit I and incorporated herein by this reference as if fully set forth. 10 The City Council finds that the Farts set forth to the Statement of Overriding Considerations are true and supported by tubstaatisl evidence in the record, including the Final EIR, The Statement of Overriding Considerations is attached hereto as Exhibit 2 and Incorporated herein by this reference as If fully act forth. 3. The City Council finds that the Final EIR has Identified all significant environmental effects of the project and that there ace no known potential environmental imparts not addressed in the Final EIR. 4, The City Council finds that all significant effects of the project are set forth in the Statement of Facts. 5. The City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the project is approved, all tlgnifiant effects that can be feasibly avoided or mitigated have been avoided or mitigated by the Imposition of Conditions on the approved project and the imposition of mitigation measures as set forth in the Statement of Fact and the Final EIR. b. The City Council finds that potential mitigation measures and project ahcrnauvcs not incorporated Into the project were rejected as infeasible, based upon specific economic, social end other considerations as set forth in the Statement of Face and the Final EIR. 7. The City Council finds that the unavoidable s4dflant impaq of the project, as Identified in the Statement of Facts, that bu not been reduced to a level of imlrnifiance has been tubstantlally reduced In Impact by the imposition of Conditioat on the approved project and the Imposition of ntitigrttion meswre>L in matting lu 3 17 dedskm on the project, the Planning Cou=isaw has pren greater weight to the adverse environmental impact. The City Council finds that the remaining unavoidable tip dkam impact is clearly outweighed by the economic, social and other benefits of the project, as set forth in the Statement of (Nerriding Corsideratiorm 8. The City Council finds tat the Final EIR has described all reasonable alternatives to the project that could feasibly attain the basic objectives of the project, even when those alternatives might impede the attainment of uther project objectives and rnight be more arstly. Further, the City Caulcil finds that a WA faith effort was made to incorporate alternatives in the preparation of the draft EIR and all reasonable alternatives wore considered In the review process of the Final EIR and ultimate decWons on the project. 9. The City Council finds that the project should be approved and that auy alternative to this action should ru)t be approved for the project based ten the information contained in the Final EIR, the data contained in the Statement rd Facts and for the reasons stated in the public record and those contained in the Statement of Overriding Considerations, 10. The City Council finds that a good fault effort has been made to seek out and incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project. Including the Final MR. 11. The City Council finds that during the public hearing process on the Villa Point Phase 11 Project. the Environmental Impact Report evaluated a range of alternatives The project, as approved by this action, is Included in that range of alternatives. The City Council has considered the rceommendatlon of the Planning Commission in its decision on the project. NOW, THEREFORE, BE rr RESOLVED that the City Council does hereby unify the Final Enviranrnental Impact Report No. 146 for the Villa Point Phase it Project as complete and adequate in that it addresses all environmental effccu of the proposed project and fully complies with the requirements of the California Environmenal Quality Act and the Sate CEOA Guidelines. Said Final Environmental Impact Report 13 comprised of the Mowing elements: 1. Draft EIR and Tcchnial Appendices I Responm to Comments 3. Planning C,ommisslon Staff Reports 4 if • • ,. Planning Commission Minutes S. Planning Commission Findings and Conditions for Recommended AApppproval 6. &t Council Staff Reports 7. City Council Minutes 8. City Council Resolutions and Findings and Conditions for Approval 9. Comments and Responses received prior to final action and not contained in I through 8 above. All of the above information has been and will be on file with the Planning Department, City of Newport Beath, City 11a11, 3300 Newport Boulevard, Newport lkack California 92659.1768, (714) 644-3223. ADOPTED Tills day of 1990. ATTEST: CITY CLERK PLT/WM ED\gIR14&RS1 -rt SIGNIFICANT ENVIRONMENTAL EFFECIS WHICH CANNOT BE AVOIDED IF THE PROPOSED PROJECT IS IMPLEMENTED, FINDINGS WITH RESPECT TO SAID EFFECTS AND STATEMENT OF FACTS IN SUPPORT TIIEREOF. ALL. WMI RESPECT TO THE PROPOSED CERTIFICATION OF AN ENVIRONMEN- TAL IMPACT REPORT. APPROVAL OF A TRAFFIC STUDY, AN AMENDMENT, A TENTATIVE TRACT MAP AND A COASTAL RESIDENTIAL DEVELOPMENT PERMIT FOR TIIE VILLA POINT PHASE 11 PROJECT IN THE CITY OF NEWPORT BEACH. CALIFORNIA. The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guldellnes) prorrtulgatM pursuant thereto provide: -No public agency shall approve or carry out a project for which an EAR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief exploration of the rationale for each finding. The possible findings are: Changes or alterations have been required in, or incorporated Into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Such changes or alterations are within the responsibility aril juriuliction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section ISWI of the Guldelincs).' The City of Newport Beach is considering approval of a request to perrait the construction of a W unit apartment project on property located In the Mule Fam0y RaidvvW area of Newport Center, The project includes the certification of an Environmental Impact Report and approval of a traffle study, an amendment to the Vila Point Planned Community District Regulations and Development Plan. a tentative tract map and a coastal residential devclopmont permit. Because the proposed actions constitute a project under the CEQA Guldelines. the City of Newport Beach has prepared an Environmental Impact Report (EIR). This EIR has identified certain sl&fIcant effects which may occur as a result of the project on a cumulative basis In conjunction with other past, present and reasonably fomsceable future projects. Further, the City desires to approve this project and. after determining that the EIR is complete and has been prepared in accordance with CTAA and the Guidelines, the finding set forth are herein mask: Ultimate development of the project will result in certain significant unavoidable adverse Impacts to the environawnt. as indicated below and in the Final EIR. With respect to those Impacts, the Oty Coundl of Newport Beach malnn the fiatdinp as stated on the following pages. �o • 0 BIOLOGICAL. RESOURCES Coavenaon of the vacant lot will require the removal of existing veseudon. However, this impact is considered irWgnificant in both a local and regional coat"t. RECREI'LZOfiAL RESOURCES Prior to the approval of this project, the property owner dedicated the t 40 acre ,Mouth of Big Carryon site to the City of Newport Death, and received four acres of park dedication credit. This site aces identified at that time as eligible for the use of these cram Additionally, the project will provide directly far certain recreational needs of the residents o"te. CULTURAL RESOURCES Former Ora-65 was anticipated to be on site but was determined to have been destroyed by road oonstructlom 41 • Ll GEOLOGY/SOILS The proposed tctideatial units will be subject to ground shakinS in the event of an earthquake. Ending 1. Changes or alteration have been required In, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final Ella Facts in Suponrt of Finds The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures kkntifled in the Final EIR vW Incorporated Into the project. 'Rise measures include the following: 1. All buildings will conform to the Uniform Building Code and Seismic Design Standards. R*gc iicint Effect Development of the project will require grading of the site. Bwina 1. Changes or alterations have been required in, or incorporated Into, the project which avoid or substantially lessen the significant environmental effect as Identified in the Final EIR. The significant effect has been substantially lessened to a level of Insignificance by virtue of the Standard City Pollcics and Requirements and Mitigation Measures Identified In the Final EIR and incorporated Into the project. These measures include the following: 1. Develooppment of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2 lest 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 subsequcrit to the completion of a comprebensive soil and geologic investigation of the site. Permanent reproducible copies of the 'Approved as Built' grading plans on standud she sheets shall be furnished to the Building Depanment. 3. ?he grading permit shall Include a description of haul routes, access points to the site, watering, and wMing program designed to minimize the impact of haul 1. An eroiiosn, siltation and dust control plan, if required, shall be subasitted and be subject to the approval of the Building Department and a Dopy shall be forwarded to the California Regional Water Quality Coauol hoard. Santa Ass Region. Erasion coauol nwasures shall be done on any exposed slopes within 30 days after grading or u required by the City Grading Engineer. S. Prior to approval of the final grading plan. recommendations of Lbe gaxedtnical report shall be incorpomed Into the fiscal design arsd engineering of the project. T1 • • 4 WATER RESOURCES Construction of the project will result in an incremental increase in the amount of storm runoff from the site. riadiu 1. Changes or alterations have been tequircel In, or Incorporated Into, the project which avoid or substantially kssen the significant environmental effect as Identified In the Final 131R. Face. in ppart Uf Findinrr The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final E1R and incorporated into the project. These measures include the following: The Irvine Company has provided approximately 1,100 linear feet of an off -site storm drain, from Jamboree Roars down Back Say Drive to an existing storm drain Inlet structure at the back bay. This storm drain was comtrik sd as mitigation for Villa Point Phase I and will be adequate for the additional runoff from Phase 11. 2. A storm drain was presided as part of the project, to channel surface waters from the project site and a portion of Past Coast Highway to the master -planned off - site storm drains. This storm drain was constructed as mitigation for Villa Point Phase 1. Surface runoff from the site may contain urban pollutants affecting the water quality of Newport Bay. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified In the Final Elk EuU in U=rt of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final E1R and incorporated into the project. These measures include the following: An erosion, siltation and dust control plans, If required, 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. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the City Grading Engineer. 2. The velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as a part of project design. 3. Prior to the 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 such a manner to assure that Increased peak Ilorv,f from the project will not Increase erosion Immediately downstream of the system. This shall be reviewed and approved by the Building Department. ,. The development shall provide for vacuum swteping of parking areas. Ali 0 • S. Landscaped areas shall be irrigated with a system designed to avoid surface run. off and over -watering. CULTURAL. RESOURCES 5igttirltAtt Effect • The project site has a high potential for paleomtological resources as indicated in the Phase I EIR. aEladiu 1. Changes or alterations have been required im or incorporated into, the project which avoid or substantially lessen the significant environmental effect as Identified in the Final EIR. Facts in Support of Finding 'lire significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Regttirernents &tad Mitigation Measures Identified in the Final EIR and Incorporated Into the project These measures include the following: 1. A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform inspections during develuprnent. The paleontologist shall be allowed to divert. direct, or halt grading in a specirk area to allow for salvage of exposed fossil mattria!s. 2. Should fossils be diuxPvered during grading operations, the landowner shall donate the fossils collected to a non•proflt irsstitutiori. LAND USE/AESMIEMCS Significant Effect ' The project is consistent with City land tie plarn Development cd the project will change the character of the site from predominantly vacant to urban. Einding 1. Changes or alterations have been required in. or incorporated Into, the project which avoid or substantially lessen the sitmifictnt emriro unental effect as Identified In the Final EIR. Facts in Su000rt of Findtna The significant effect has been substantially lessened to a level of Insigr»ficance by virtue of the Standard City Ponder and Requirements and Nfitigatlon Measures Identrfsed in the Final EIR and Incorporated into the project These measures Include the following: 1. A lands ape plan, prepared by a Boc scd landscape architect, shall be submitted which includes a maintenance program that controls the use of fertllitm and pesticides. The plan shalt be rev� by the Parka, Beaches wad Ro=tion Department and approved by the Ptamiag and Public works Departasents. Prior to the luuante of an occupancy petutlt, a licensed landso architect aha11 certify to the Planning Depanment that the landsapiog boa been installed In umdarnce with the approved plan. 2. Landscaped areas shall be irrigated with a "m designed to avoid tuufaa run. off and over -watering. 3. The landws plan for the comet of East Coast Higlmy and J&raboree Road shall be reviewed by the Planning Caermhaia n prior to Issuance of floe building by 6 ppeermitneof the issues to be addressed is the grade cim1 rma at the fntectionOne 4. Development shall he in substantial conformwxe with the approved site plan, floor plans and elevations. 5. The project shall be designed so as to eliminate light and glue spillage onto adjacent properties. 6. All mechanical equipment and trash areas shall be screened from puldic streets, alleys and adjoining propertke. 7. Signage and exterior lighting shall be approved by the Planning and Publk Works Departments. & Street signs, tables, benches, planters, and other similar features o"te or adjacent to the project site shall be designed with a coatrrson theme compatible with the overall architectural style of the project. The deign shall be approved by the Ph mWng, Public Worsts, and Par4 fleaches and Recreation Departments prior to the [nuance of an omupaacy permit. TRAMC AND CIRCUTATION SiLUfusant Efissl The project will generate 630 average daily trips and SS p.m. peak hriur trips. finding Changes or alterations have been required in, or incorporated Into. the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. F&W in Sunoert of Finding Tbs slgni&am effect has been substantially lewned to a level of inslli ifleance by virtue of the Standard City Pollcks and Requirements arse! Mitigation MeasureA identified is the Final EIR and incorporated into the project 'Buse measures Include the follow[W 1. Pursuant to Chapter 15.45 of the Newport Bcuh Municipal Cods (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation Improvements 2 The project shall provide for the reservation of right•of-way for the potential future grade separation of Past Cant l{ithway and Jamboree Rose) u called out in the Ciys General Plan. NOISE The project iwili be exposed to noise levels from Coast Highway In wean of sundards. E2din 1. Changes or alterations have been required IN of incorporated Into, the project which avoid or substantially lessen tbA significant en►ironm eW effect of identified In the Final MR. 1.T The significant effect hat been substantially lessened to a level of insignifuwxe by virtue of the Standard City Policies and Requirements and Mitigation Measures kkntified in the Final EIR and incorporated into the project. These measures include the follawing: All exterior living areas (c.g, balconies and patios) which lie within the 63 CNEL contour shall be condwcted with &foot high noise barriers. The noiw barrier shall he continuim (no opening or gaps) and have a minimum density of 3.5 pounds per square foot. The wall: may be stud wails with cement plaster exterior, 1.4 inch plate glans. 5.8 Inch plexiglass, any masonry material. or any combination of these materials, Wood and otbcr materials may be used if specifically designed as noise barriers, 2. All units exposed to exterior noise levels higher than 65 CNEL shall be constructed so as to achieve interior noise levels no greater than 45 CNEL. Prior to issuance of a building permit, a qualified acoustical engineer thall review final architectural plain to determine what building upgrades wiU be neceuM to achieve this standard. The City Engineer shall require that such upgrades be incorporated into the plans prior to issuance of the Building permit. Most likely the only building upgrade that will be required is higher rated windows such as 3.16 inch tingle pane glass for all windows that are exported to Newport lkrulevard. 3. Prior to issuance of an occupancy permit, the City Engineer shill require that an acoustical analysis be conducted by a qualified acoustical engineer (at the developers expense). 'ibis analysis shall determine if all noise mitigation has been installed m required and that noise levels will meet City standards. The noise measurements shall be taken at that point in the wont case unit where the highest noise levels are expected. If different noise attenuation methods are used for different units, then a wont case unit for each method shall be tested Conutruction activity will generate short-term impacts and intermittent high noise levels. Changes or alterations have been required in, or Incorporated Iran, the project which avoid or substantially lessen the significant environmental eileel as identified In the Final EIR. The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policks and Requirements and Mitigation Measures identified in the Final EIR and incorporated Into the project. Hoes measured include the following; 1. Construction activities will be conducted in accordance with Section 14.2044 of the Newport Beach Municipal Code, which limits noisy construction activitess. 46 The following effects are those deterrained by the City of Newport Beach to be significant environmental effects which cannot be avoided if the project is implemented. All significant emiroomental effects that an be feasibly avoided have been eliminated or subuantialiy lessened virtue of mitigation measures Identified to the Final EIR and incorporated into the project as set forth above. The remaining, unavokUbk significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Consideration& made below, gsring greater weight to the ramalnin& unavoidable environmental effect. TRAFFIC/NOISE/AIR QVAl.1TY The project will Incrementally result in increased traffic. air pollutant emfuioru, and noise levels in the Immediate vicinity. In concert with other past, present and reasonably foreueable future projects, the proposed pro is expected to incrementally contribute to a significant cumulative adverse Impan on traffic, air pollution, and noise levels in the vicinity of the project. Clwges or alterations have been required in, or incorporated inu,, the project which avoid or substantially lessen the significant environmental effect as identified In the Final EIR. 3. S �c economic, social, or other camiderations make Infeasible the project alteratives identified In the Final EIR (Section 15091 of the Guidelines). The significant effect has been substantially lessened by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and Incorporated Into the project. These =&sores Include the following: Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation Improvements. 2 The project shall provide for the reservation of right-of-way for the potential future grade separation of East Caul Highway and Jamboree Road as called out In the Ciys General Plan. 3. Any mechanical cquipmcnt and emergency power generator shall be screened from view. and noise associated with Bald fuilitia shall be sound ancnusted so as not to c=ed 55 dBA at the property lines. The latter shall be based upon the recommendations of a registered engineer practicing In acoustics and approved by the Building Department. 4. All exterior living areas (e.g. balconies and patios) which Ile within the 65 CNEL contour shall be constructed with Woot high noise barriers. The noise barrier shall be continuous (no opening or gips) and have a minfrourn density of 3.5 pounds per square foot. The walls may be stud walls with cement plaster exterior, 1.4 inch plate glaaa, 52 iuch� try masonry material, or nay oorrtbtrtatloa of these materials. W and other nuterials tray be used if specifically desipted as noise barrkm S, All units exposed to aurior noise levels higher Om 65 04L a" be masutsoxeci so as to achieve Interior noise levels no treater than 45 CNEL Prior to isararxe of a building permit, a qualified acoustical engineer shall review firtrtl L7 SIGN MCANT EFFECTS WN1CH CANNOT BE AY.4A2FDFF 111E PROJECI1 IMPLEMEHM The following effects are those determined by the CSry of Newport Beach to be significant environmental effects which cannot be avoided if the project is Impknsented. AR significant environmental effects that can be fmbly avoided have been eliminated or substantially lessened by virtue of mitigation measures identified In the Final MR and incorporated into the project as set forth above, The remaining, unavoidable significant effects are acceptable when balanced against the facts set fortb in the Statement of Overriding Considerations made below, giving greater weight to the remaining. unavoidable environmental effect. TiI46>P1rIC/NOISE/AIR QUALITY ' The project will incrementally result in Increased traffi, air pollutant emfulons, and noise levels in the immediate vicinity. In concert with other past, present and reasonably foresesabk future project:, tba proposed prow to expected to Incrementally contribute to a significant cumulative adverse (Impact on ttat}k, air pollution, and noise levels in the vicinity of the project. Elodin 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the slgnirkcmt environmental effect as identified in the Final EIR. 3. 5peafie economic, social. or other considerations make infeasible the project alternatives identified in the Final EIR (Section 1SWI of the Guidelines). Facts in Su000rt of Finding The signifkant effect has been substantially Ieucned by virtue of the Standard City Policies and Requirements and Mitigation Measures identified In the Final EIR and incorporated Into the project. These measures include the following: 1. Pursuant to Chapter 15.43 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation Improvements. 2. The project shall provide for the reservation of right-of-way for the posentW future glade separation of East Coast HfStrway and Jamboree Road as called out In the City's General Plan. 3. Any mechanical equipment and emergency power generator shall be sauned from view, and noise associated with said facilities shall be sound attenuated so as not to exceed SS dBA at the property lines. The latter shall be bocci upon the recommendations of a registered engineer practicing In acoustics and approved by the Building Department. 4. All exterior living are (e.& balconies and patio) which lie within the iS CNEL contour shall be constructed with 6-foot high noise barriers. The noise barrio continuous foot.(n opening or gaps) and have a minimum density of 3.5 pounds p The walk may be used walls with cement plaster exterior, 1.4 Inch plats &bW 52 inch plea any masonry materW, or any combination of Chess materials, Wond other materials may be used It Vtd&24 designed as nobs bankrL S. All units exposed to exterior noire kvels higher thaw 65 CNEL sited be constructed so as to schleve Inu rice foist Levels no greater tit o 45 CNEL Prior to issuance of a building permit, a qualified scouWW engineer shall mvistr final I9 i r-� 9 architectural plans to determine what building upgrades will be necomary to achieve this standard. The City Engineer shall require that such upgrade, be incorporated into the plans prior to issuance of the building permit. Most likely the only building upgrade that will be required is hither rated windows such as 3.16 inch single pane glass for all windows that are exposed to East Coast highway and Jamboree Road. 6. Prior to issuance of an oms permit, the City Engineer shall require that an acoustical analysis be CON ad cted by a qualified acoustksl engnssr (a1 the developers expense). This analysis %hail determine if all noiw midption has been Installed as required and that noise levels will sheet City standards. ne noise measurements shall be taken at that point in the wont age unit where the highest noise levels are expected. If different noise attenuation methods are used for different units, then a wont case unit for each method shag be tested. T. Construction activities will be conducted in accordance with Section 10.28.U40 of the Newport Beach Municipal Code, which limits noisy eonungtiom agivitks. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the one making the finding, 1. The State Department of Transportation has the overall respoauNlity for major roadways and freeways In the region. 2. The State Air Resources Board is responsible for the attainment of national air quality standards. 3. The South Coast Air Quality Management District is resporWbk for basin air quality. 4. The Southern California Association of Governments in association with the SCAQMD Is responsible for the Air Quality Management Plan (AQMP) for the airshed. The significant effect has been sub ntisiir lessened to the event feasible, however, specifk economic, social. or other considerations make Infeasible the n itiption measures or project alternatives Identified In the Kul EIR. 1. no project represents the best use for the project area, all factors onsidered. 2. The altematives set forth for the site were rejected for the reasons as set forth below and In the subsequent sections of this statement. The remaining unavoidable sigrtifiani effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations and in view of the fact that the impact Identified is considered significant only on a cumulative basis. resulthV from the proposed project In association with other past, present and reasonably foreseewe future projects. ENERGY SJgWf1C2nt„Effect • There will be an incremental iocresse In energy consumption. I. Cltanga or alterations have been required IN or incorporated smog the Pro whiny avoid or substantially Icuen the significant environmental effect as Wjadhcd In the Final MR. W 10 3. Spe is emnormc, eocial, or other corWderatioa make Wt='bk the project tat ernativa identified In the Final LIR (Section 15091 of dw Guidelines). The significant effect has been substantially lessened by virtue of the Standard City Politic and Requirements identified In the Final EIR and Incorporated Into the project. Thew measures Include the following: Building design shall conform to Title 24 of the California Adminisustive Cade. Tito significant effect has been substantially lessened to the extent feasible, however, specific economic soda], or other oart"ratiorts make Infeasible the mitigation measures or project alternatives Identified In the Final EIR. 1, The project represents the best use for the project area, all factors considered, I The alternatives set forth for the site were rejected for the reasons as set forth below and in the subsequent sections of this statement. The remaining unavoidable sloficant effect it amptabfe when balanced against facts set forth In the Statement of Overriding Corsideradons and in view of the fact that the impact identified is aonridered signifiatnt only on a cumulative basis, resulting from the prapased project In association with other past, present and reasonably foreseeable future pro}ects PUNUC SERVICES AND I.ML1'TIF.S No iigai5cant effects are anticipated However, the project will cumulatively affect the remaining capacities or services and utilities in conjunction with ongoing growth in the area. Flndfnfft 1. Changes or alterations have been required irk or incorporated Into, the project which avid or substantially lessen the significant environmental effect as Identified In the Final EIR. 3. Specific economic, social. or other considerations make irM ibie the project alternatives identified in the Final EIR (Section MI of the Ouidelims). Emu In S-M= of Maw The signiicant effect has bean substantially kucned by virtue of the Standard City Polkks and Requirements and Mitigation Measures Identified in the Fins! EIR and Ircogwated Into the project. These treasures include the following: 1. Prior to the Issuance of building permits. the Fire Department shall review the proposed pkm to determine the sdequaq of emtergemry aoaia. Tbs De at may rtre indoor are protection featurm such as overhead tilt sprlmkkn, If it determine that such measures are necessary to provide adequate flit protectba 2 Fire Department access %hail be approved by the Fire Department prbr to tbt issuarsce of building pertnim 3. All onsite an protection (bydraats and Fire Department aonrteakmo) shall be approred by the Fire Department and Public Works Department. 4. The applkaat shaft Install an Option device in the Bach Bay Drive/Jamboree Rose 4pmal. 19 11 S. Final dcsipt of the project !bail provide for the incorporation of wawr4avirg dcviocs for project lavatories and other water -using devices. This shall be unified by the Building Department prior to humaee of occupancy permits. b. Prior to issuance of building or grading permits, a muter plan of water and sewer facilitles shall be prepared for the site. The applicant shall verity the +dNuacy of existing water and sewer facilities and construct any modifica on of facilities necessary for the projeet. The master plan shall lrsclude provision for the relocation of existing water and sewer facilitles. 7. Prior to the occupancy of any building, the applicant shall prw" writtan venitscadoa from the Orange Cottn Sanitation District that adcyuau sewer capacity is available to serve the pro�ert. E>. Prior to the approval of the final tract reap, the applicant shall coamll wM the City of Newport Beach Public Works Department and OCIT) regarding the provWon of a bus stop and ralattd amealtles (Le., shelter, bench) along East Coast Highwrty adjacent to the project site, and shall install any facilities determined to be necessary by the City and OCM, 9. The applicant shall contribute ■ fair share contribution to the schools. if required by the school district. 10. The project shall provide recycling bins In the trash disposal areas fw the voluntary racyding of newspaper, aluminum and glass. The project shall also provide ■ mechanism for the collection and recycling of Items rd in this manner. Subject to the approval of the Planning Department and tlsa (kneral Services Depanment, this program may be substituted for one which swxnpiithcs recycling without source point sorting. P 12 PROJECI ALTERNATIVES EiWin I. The project his been designed in a manner to as to provide the greatest public involvement in the planning and CFAA process. I The following provides a brief description of project alternatives. 3. The alternatives were rejected in favor of the current project proposal. 4. The rationale for rejection of each alternative is provided below. S. The rejection rationale is supponed by the public record including, but not limited to. the Certified Final EIR. NO PROJECT ALTERNATIVE The No Project Alternative provides for no development on the site. Findinim Specific economic, social, or other considerations make infeasible the No Project Alternative described in the Final EIR in that: 1. The No Project Alternative does not provide for an increase in the hnusln= stock of the City of Newport Beach, and will not contnbute to the prrrvision of affordable housing. 2. The No Project Alternative will leave the site in as undeveloped state, which would be subject to erosion during storms, and mould therefore continue to contribute incrementally to siltation in Newport Hay, LOW DENSITY RESIDENTIAL ALTERNATIVE 17he Low Density Residential Alternative assume& development of a detached, single• family residentlal development. Sp"Mc economla, soda}, cc other considerations make InfeauNe this altcrnative described In the Final EIR in that: L The alternative would only slightly reduce the inaemcatal contribution to traffic congestion, ambient noise kvcls, air quality and service/utility usage, 2. The alternative would not result in the tame provisions for affordable housing. 3. The configuration of the site is not conducive to detached residential developrrsent. 4. The site Is Phase H of an apartment project already under oaWnxtioa. 5. The alternative would be more difficult to mltigate from ■ noise impact startdpotnt. HIGHER -DENSITY RESIDPNTIAL ALTERNATIVE A h1&r-donslty resldentlal alterntive could be 20 units per adze, or a total of 196 dwel1ing units. IN 13 Ella= I. Development of this density of residential use is not allowed on the site by the Land Use Element and Goal Coastal Program. Land Use Plan. 2. The larger. more intense subdivision *mid be significantly out of dyracter with the surrounding uts. OFFICE/COMMERCIAL ALTERNATIVE Thb alternative would include an 80,000 sq.ft office building which would include a restaurant facility. Badim I. This alternative would generate slgnificantly more traffic thaw the project. 2. This altrrnativc would cause a Greater incremental contribution to cumulative Impacts related to trafflc� noise, and air quality. 3. The alter atix would not provide additional realdentlat uses in the uca. PARK/OPEN SPAM ALTERNATIVE This alternative would result in the drvelopment of an open apace amenity on the subject site. Findings 1. The site is not highly accessible in a resional sense, due to the loatlao oo Bast Coast 114 ft y Lad its separation from the Upper Newport Bay area by Jamboree Road. 2. The site immediately across Jamboree Road (Bayview larding) is designated predorafnaat1y for open space, and will provide the same opera t�aca amenity as could be uhk-nd by this site, except that its location Is awe directly accessible for the Newport Bay and Newport Duna areas. ALITJLNATDZ LOCATIONS The project could be developed in other locations of Newport Desch. Acxording to the Housing Memexe, there are only eight major undeveloped site& sultabte for residential devc1opmeat remaining in the City of Newport Beack with a total unit aWadry of 1.49& VW& Point Phase U is ooe of these, and 90 units are allowed on the site. 1. The RcgkxW Housing Need Assessment (RHNA) prepared by SCAG (Southern CaIdDraia Avociatiaa of Qoveruments) projects that Z062 units wW be ro� In txder to fnMI1 future (2010) bousing needs in the City of Newport Therefore, ad c4W of these undeveloped sites would require rW&ntial devel caw* and could not be substituted as an alternate loadoo for"project. The California Environmental Quality Act req�a a pubUc agency to balance the benefits of a proposed project against lts unavoidable cwimwnental rides in determining whether to approve the project The City of Newport bleach has determined that the unavoidable risks of this project are acceptable and are ckady outweighed by "cif c social. economic and other benefits of the project, giving greater weight to the unavoidable environmental risks. In nuking this determinatkx%. the following facture and public benefits were consWered or decisions made: The proposed project is consistent with other existing uses in the vicinity of the project and the community in general. 2. The proposed project represents infill devclopment Incated in an urban area where adequate facilities and services east. 3. The density and Intercity of the project is appropriate. 4. The proposed project will contribute to a fair share of local and regional roadway improvements, specifically the City's Fair Share Traffic Contribution Ordinance. S. The project will provide increased housing opportunities. 6. The project has been designed to be sensitive to the surrounding neighborhood e providing adequate puking e providing an architecturally ac thetic project that upgtaces the area while blending into the existing neighborhood • providing landscaping adequate to reduce the visual. impact of the development e providing a significant setback at the corner of East Coast Hi hway and Jamboree Road to allow for the preservation of panoramic views of bluff areas adjacent to Upper Newport Bay PLT/WPSO EDAM 146.FDO 79 f>l>rSQL.0 om NO. A RESOL.LIIION OF THE CTIY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE VILLA POINT PLANNED COMMUNITY DlbMCT REGULATIONS (PLANNING COMMMON AMENDMENT NO. 705) WHEREAS. as put of the development and implemema:(nn of the Newport Beach General Play► the Land Use Element hu been prepared: and WHEREAS, the Newport Beach Munidpal Code prow da specific procedures (or the Lmplementstion of Planned Community zoning for propertin within the City of Newport Beach; and WHEREAS, an amendment to thtt Villa Point Planned Community is necessary in order to maintain consistency between the Newport Beach Geural Plan and the ZcAng Ordi iana; and WHEREAS, the City of Newport Beach prepared an EnVm awntal Impact Report for the project in compliance with the California Envisonm w4l Quality Act (CPQA) and the State CEQA Guidelines, and WHEREAS, the Planning Commission held a public baring on the proposed amendment and has resotamended approval of said amendment to the City Council; and WHEREAS, the City Courxil has reviewed and considered the Wormutlon contained in the environmental document In malting Its decision on the proposed amendrnenL NOW. THEREFORE. BE IT RESOLVED that the City Coundl of the City of Newport Beach does hereby approve an amendment to the VsTta Point Planned Community designated as Planting Commission Amendment Na 705 as dma on Exhibit 1 attactwxl ADOPTED this day of And1 - 199Q ATTEST: PLT CC\A705J 51 Py 0 E Pl.anrod Cmu3 City DisUict P gLaaticm April 110 1990 74 0 0 Manned Cacemmummity Development standards for Villa Fault ApartUmmenta Orzdinan m No. 84-13 Added by the city of Nagoart ddeeh City C==il on ft 290 1984 ...�. •nap • Ilntrcducticn Section I Statistical Analysis Section II General Notes Section III Definitions Paragraph l Buildable Acreage Patagr q l 2 Streets - Dedicated and Private Section Iv Multiple Family psidential Subsection A Permitted Uses Subsection B site Density Subsection C Maxims Handing Height Subsection D Setbacks From Streets Subsection E Setbsrks From Property TA Subsection F Parking Subsection G Signs Subsection H Fenoes, Kedges and Walla n� 0 Tte Villa Point its PlwrAd C=unLty District for the city of Ner+port Beach has been dr alaped in - rx itdenoe with the Mupoart Beach carnal Plan. The purpose of this Plastid MmLmity is to provide a method ttardby prcpa ty may be classified and dsvalapd for multiple family rasids *-W uses. The speciticatirns of this district are intarded to provide land use and demlap nit standards =Vportive of the drmlopsent pr posal curtained herein while insminq compliance with the invent of all applicable regulatory oodee. WhWW r the ow*aind herein oanili.ct With the re7ulatic= of the Newport Beech Mmicipal Cods, the rrgulati,cxle cm* ird herein shall take pre0edwm. Tile Malicipai code shall re7ulat:e this dswelgaerrt *An sich regulatiom are not provided within theoe district KU o within the Flamed o�a Cmwunity bdariss shall a mply�th all prvwisicne of tt Uniform Building Code and Various zedu ical OOd89 related therwto. -1- 0 0 VILLA POINT APARTMENTS PLANNED COMMUNITY DISTRICT LAND USE PLAN 79 Section I. 9TAT38 CAL MG1IZM (F= ArAlYsia P=poess may) GWose Dmaciment UML;hm BILtD Wltiple Family Residential 1 9.2 138 GU's 2 4.5 90 Dula TVW 13.7 228 W's W • Section 11. C.asnral Notes • RUT., 174 The Planned Ommaiity District e3 - c" q Wawa 13.7 gx across. The Planned Community District has bean developed for multiple family rasidw*-ial uses. All future uses will be in compliance with these dricgsrti.+Ons. park shall be in aacardance with the Perk Dad icat ion ordinance. Park credits from mouth of Big Carryon or North ford Planned Oomaazity may be wo' Jad to meet the park of this praject. RIWETY—TW707 water within the Pier Ad sty will be furnished by the City of Newport Beach. se aige disposal facilities within the Planed Community will be provided by orange County Sanitation District No. 3. Prior to the issumwe of any building permits it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occauparxy of any structure it shall be further demonstrated that adecPate sower facilities exist. a. Zhe grading plan shall include a complete plan for temporary and pexv rm* drairregs facilities, to zirinize any p'O'taftial iWact from silt, debris, aid other water pollutants. b. The grading pewit stall include, if zequirad, a I ' Zipticn of hand routes, access points to the site and watering and w4nWirrg program designed. to zininize }npac#s of the haul operation. c. An erosion and dust control plan, if reciu.ired, shall be submitted and approved by the Building Department. -3- d. An e:vsion and Atatim oant'rol plaan, if Mail shall be gWiroyed by the California Aagicml Nate Quality antral Hood - SWft AM Asgicn. a. ne velocity of nUated rm-off from any project shall be avaluaW and erosive vualocitiss cmtrolled as part of the project design. f . Grading shall be eaonducted in aeacaaexdanoa with plans prepared by a Civil Enginssr and based can of a soil engineer and an engineering geologist subsequent to the coupletion of a caRnvhensive soil and geological irramtigation of the sits. Aaneanent reproducible copier of the *Approved as Haile" grading plans on standard size dretm shall be furnished to the Daildirg Depeutmont. 1«!. r� r. �•y. �.l1! retie-r�, Prior to the issuanom of grading pannits, the site shall be comined to determine the cd.stence and mctent of archaeological and paleontological res=ces in aowx*zm with adopted City Policies. All landscaping shall be installed in ao=m*i ma with Indscmpe plans, subject to the review and approval of the Planning Department and Parks, Beaches, and Recreation Department. Iaredscaape plans for the oor ner of East coast Hicway and Jamboree Load shall be reviwred by the Planning Ocamission prior to is umnoe of the building permit. Cane of the isaies to be addressed would be the grade alevations at the intiersection. a. Any firs equipsent access shall be a Wined by the Firs Department. 9. 7!hr final design of ca site pedestrian and bicycle circulation in any tract shall be reviewed and Mtroved by the Public marks Department and the Planning Departmeint. 10. Prior to approval of the final tract map for drm1cp =*, applicant shall reach agrearRt with the City for oaapliargm with California Government Code 65590, regarding housing requir it 1. 11. Additional detailed miss studi,ss shall be conIxted for the residential drmlgssnt for onsits impacts of the project. 12. All buildings shall neet Title 24 . Design of buildings shall take into ao=nt the location of building air intake to asxW" ventilation eeffician y, cor the inporation of nabml ventilation, and implementation of w=W conserving heating and lio*4nq systems. -4- 14. ECCOed slopes, if any, shall be stabilizd as soon as possible to rs&m erosion. 15. Public or private streets shall most City standards. 16. No p raw" it strwtmw are permitted over the sower line of the Cow ty Sanitation Districts of Cranes county, nor within fifteen (15) last of either side of this line. No winuling or fill is pe=ittsd over this sw+wr line setbu* arm, and no tree or bush larW than six (6) feet in height at full %moth is alla+d in this area, E 0 The following definiticns refer to the permitted uses in the drmlopnent standards cwtained in this OLdirwoe. Refer to all streets or rights -of -%my within this ordinance stall mean dedicated vehimilar rights -of -may. In the case of private or nondedicated .sets, art Bactday Drive, a minim = setback from said stxeet> or rive (5) feet shall be required for all strucbxm. Doopt, for sidwAdks or the setback area acows, drives, this area shall be landscaped woordiixJ to standards fr® dedicated streets contained herein. -6- SJ C-.Ij • Section TV. iiJlMM FAKMY The follawing uses and divelcpwnt standards apply. A. Pemitted 1. Apartaents 2. aanndaainiums 3. Facreation facilities 4. Unes tAnant to 1 and 2 above B. A minim average of 11500 squaws lent each dwelling unit. For the purpose of dwelling shall maem the average of all and pwmww* open designated as public streets divided of lot area shall be provided for this ardinancs, average area per developed areas on site (to include space), exctusive of areas by the total muber of dwelling units. C. All buildings shall oaeply with tho height restricticm establiM d by the City for this area. The maximum height of all building droll be thirty-two (32) feet, and shall be measured in accordance with the Newport Bmch Mmicipal Cods. D. *qtkX� from The following miniuLn setbacks shall apply to all structures (not to include garden walls or fences) edjaosnt to streets. Said setbadm shall be measured from the ultimate right-of-wey line. HHawrrver, the Planning Director may, upon subaittal of a tentative subdivision map or ymlisinary site plan, review said map or plan in view of setbadw listed in this ordinance wWor sound planing principles and shall either approve, modify, disappr" the setbwJm .hewn, or rater the matter to the Planning Oces►ission for a I t roinaticn. In the case of modifiratian or disapproval the applicant my am' to the Planing Omnimdi m for further consideration. Ncif is coast y Hac)dey Drive (Private) Jamboree hoed 201 10, 201 E. All selbwft listed under this section refer to property lines not affected by the of Subsection D &bows. 7 e minion sedxidc stall be five (S) fear, pk there @hall be at lees, tan (10) feet bst m strxta w on sMacent lots and no duelling or ssi» strucbare shall be claw than tan (10) fast to any other dwelling or Bain residential stxuct s on the saw lot. -7- E 0 i• F f of f-street parking for apartment uses sM11 be Provided as folla+s; Two parking spaces per dwelling unit A minim= of one (1) parking qpma per apartment unit stall be owered. Where as a fractionl figure is frond as a r®aindsr in omwataticns made to determine the nnabaae of required off-street parking spaces, said fractian shall be roxxdsd upward. one (1) dwbls or single fags priaary identification ground sign per street frrntage sha11 be ally d. Said sign stall net aoaed a hei ht of 4 feet nor an area of thirty-fivs (35) s*zrift fad per face. Said signs may be internally or eoctarnally illuminated and shall be subject to the review and apprwal of the City Traf f is D mere. Said sign my also be located on any project boundary perimeter wall, subject to the same mbar and area limits as mentioned above. Secondary identification signs and donail signs, used to give direction to vehicular or pedestrian traffic are permitted. Said signs shall not exceed a height of 4 fast Hoar an area of twanty (20) square feet. Said signs may be internally or carnally illuminated and shall be subject to the review and approval of the City Traffic Engineer. Sign area shall mean the area enclosed by a rectangle drawn around the wording, mubers, imer as or logos dosing the sign. IntezTgn2 and iderntif icatioti signs ass permitted subj wt to the rwA w and approval of the City Traffic Engineer. -6 - �1 • • Fenoeeee eehall be limited to a maxieeam height of eight (8) feet, aemmmd from finfmhed grads cn the side of larva facing Coast H ghray. %vK m the fenoee is required to protect a rAmirg pool, the f o o, eehall be oonstructod so as to seat the Uniform Bui lding Codee for pool safety. Virg walls, where an actmaim of a or aoceesO y stricture, may be eight (8) foot in height. At street (to include drivway intersections with streets) , no such appmtsrgum shall 0=*W thirty (30) irK*m in height ab7m street pav+rseent grade within the triangle baurdeed by the right-of-way lint and a omractiM line drawn between points thirty (30) feat distant frrmi the of the right -of -my lines prolompd. -9- 1. iaedesigrsat+s Area 2 from office to multi -tastily residwitia , and amend text to reflect this dMrxle. Ordinarw No. &Wpted April 23, MO. it Planning Commission �9loeting _ Mar b. 8. 12M Agenda Item No, 6 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department Request to approve a Traffic Study so as to permit the construction of 90 additional dwelling units on property located in Area 2 of the Villa Point Planned Community; and the acceptance of an Environmental Impact Report. AND B. Amendment No. 795 (Public-Ugadng) (Noticed as Amendment No. 698) Request to amend the Villa Point Planned Community Development Plan so as to reclassify the subject property from "Office/Visitor Serving Commercial" to "Multi -Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2. ME Request, to subdivide two existing parcels of land containing 9.3± acres, into a single lot for a 90 unit residential condominium development; and AND D. Coital&1 Residential Development Permit N"7 (Discussion) Request to approve a Coastal Residential Development Permit for the purpose of establishing project - compliance pursuant! to the administrative guidelines for the. implementation of the.State, law relative to low and moderate income ,housing within: tha : Coastal ?.one In conjunction with the construction of a 90 twit residential condominium development on property located in the Villa Point Planned Community, LOCATION: Portions of Blocks 94 and 55, Irvine's Subdivision and Parcel 1 of Parcel Map I2-21 (Resubdivision No. 242), located at 1100 East TO. Plannrna Camininion 2. Coast Highway, on the northeasterly corner of Eaxt Coast Highway and Jamboree Road, in the Villa Point Planned Community. ZONE: P-C APPLICANT: Regis Contractors, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams/Streeter, Irvine If approved, the applications described above will allow the construction of 90 apartment uniu which will be Phase lI of the Villa Point project currently under construction. The proposed site plan shows the units to be provided in 10 separate structures, with additional parking facilities and a pool/cabana area. The Newport Beach Municipal Ccxle and the City Council Policy Manual contain review procedures for these applications, as follows: Environmental Impact Reports in City Council Policy K-3, Traffic Studies in Chapter 15.40 and City Council Policy S-1, Amendment to an established Planned Community Development Plan in Chapter 20.51, Tentative Tract Maps in Chapter 19.12 and Coastal Residential Development Permits in Chapter 20.69, In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, an Environmental Impact Report has been prepared for the proposed project. Environmental issues evaluated in the EIR are Geology and Soils, Water Resources and Water Quality, Landform Alteration and Visual Impacts, Traffic and Circulation, Noise, Air Quality, Cultural Resources and Cumulative Land Use Impacts. Based upon the information contained ' in the EIR, it has been determined that the proposed project, as mitigated, will not create a significant impact on the environment. The construction of the Villa Point Phase 11 Project will, however, result in cumulatively significant impacts in the areas of Water Quality, Traffic, Noise, Energy and Public Services and Utilities. The Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan designate the site for Multi -Family Residemial land use, with a density of 228 dwelling units. ' The tint phase of Villa Point contains 138 dwelling units. The General Plan allocation will;, therefore, allow'an additional 90 units, which is proposed by this project. The Multi -Family Residential designation allows for the construction of multiple dwelling units on a single subdivided lot, and allows either single ownership or TO: ng Commissiol. - 3. • condominium development. The proposal is consistent with the General Plan and the Local Coastal Program, Land Use Plan The site proposed for development is currently vacant. A portion of the site on the corner of lust Coast Highway and Jamboree Road was previously occupied by a gasoline service station. To the north of the project is the Sea Island condominium development. Northeast of the site is the Newport Beach Country Club. - To the east of the site is Villa Point Phase L and .beyond that is Amling's Nursery. To the south of the site, across East Coast Highway, is the single family area of Irvine Terrace. To the west, across the' intersection of East Coast Highway and Jamboree Road, is the- Promontory Point Apartment project. To the west and northwest, across Jamboree Road, is vacant land which is designated in the General Plan for open space and retail land uses, the Newport Dunes recreational area and the Newporter Resort hotel development. As previously discussed, this project is a 90 unit expansion of the Villa Point apartment project currently under construction on East Coast Highway easterly of Jamboree Road. The project includes ten structures for residential occupancy, plus other structures for parking and recreational uses. Six different floor plans are proposed, 34 of which are one bedroom units and 56 of which are two bedroom units. Parking for two of the floor plans is provided In attached garages. 'The balance of the parking for the project is in open parking or carports. 2.14 parking spaces are provided for each dwelling unit. Ingress and egress for the development will be via Back Bay Drive, through a signalized Intersection at Jamboree Road. Emergency access is provided to the east through Villa Point Phase I and the Amling's Nursery property. This project will be served by the existing Phase I teasing office. Statistical Summary. The development standards are governed by the Villa Point Planned Community District ' Regulations and Development Plan. The development 'standards originally established for Phase I will now be applied to Phase p. A comparison of the project profile to these development standards is presented below: STATISTICAL SUMMARY Standard Allowed/Required propmd 90 Dwelling Units. 90 Residential Parking 180 spaces 193 spaces Covered' parking 90 spaces 91 spaces BHeight 32 feet 32 feet MAX. Q��uildinLg�' -7GtbaCks: East Coast Highway' 20 feet .25 . feet ' Jamboree Road 20 feet 70 feet Back Bay Drive 15 feet 10' fret TO: Planning Commission - 40' TralIlc Stu No-63 tridric study has been prepared for the proposed project in conformance with the City's Traffic Phasing Ordinance and Council Policy S-1. The, proposed project is ,expected to be completed in 1990. Analyses were, therefore, completed for 1 1. The City Traffic Enyjncer identified thirteen (13) intersections which could be affected by the project at full occupancy. The first step in evaluating intersections is to conduct a 1% traffic volume analysis, taking into consideration existing traffic, regional growth, and committed projects' traffic. For any intersection where, on any approach leg, project traffic'' is estimated to be greater thun 1%, of the projected peak N hour volume in either the morning or afternoon, Intersection Capacity Utilization (ICU) is required. The 1% volume analysis identified one (1) intersection where traffic exceeded the one percent criteria, in the afternoon peak hour. The following chart summarizes the results (if the Intersection Capacity Utilization analysis for the project. ICU SUMMARY - 1991 Existing 91 Existing 91 +Committed PEAK Existing +Committed +Growth Intersection HOUR (1989) +Growth +Project Jamboree Road/ PM 0.55 0.70 0.70 Santa Barbara Drive In order to meet the criteria of the City's Traffic Phasing Ordinance, a project must be found to neither cause nor make worse an intersection capacity utilization of 0,90 for' the year of analysis which includes all committed traffic and regional growth. ' As 'shown' by the above chart, the intersection affected by the project operates at an acceptable level. The project meets the criteria of the Traffic Phasing Ordinance. An amendment to the Villa. Point Planned Community. District Regulations and Development Plan is proposed in conjunction with this project., The , amendment is necessary in order to change the land uses allowed in Area 2 from Cffi r/;Wor Serving Commercial to Multipte Famity Raidmdal and to establish the denslty. liimit.of 90 units. This amendment is an implementation of the General Plan, and staff has no objections to the request. A number of other amendments are also proposed which are minor in nature, but serve to specifically describe the actual development standards applied to the property. • TO: Pla�ing Commission • 1', 1. The ability to utilize park dedication a►edits from the Mouth of Big Canyon and North Ford is referenced. In accepting dedication of the Mouth of Big Canyon from The Irvine Company, the City and the Company entered into a Dedication and Park Credit Agreement establishing 5 acres of park dedication credit for the dedication of ±40 acres. Residential sites in Big Canyon and Newport Center were specifically identified as eligible to utilize these credits. The Irvine Company has used 2.67 acres of this credit for the Big Canyon area 10, Big Canyon area 16 and Villa Point Phase 1. 2.33 acres of park dedication credit from the Mouth of Big Canyon remain. Additionally, 2 acres of park credit exist from the dedication of Bonita Creek Park. This project generates a requirement of 1 acre. Staff has no objection to the use of park dedication credit to satisfy the requirements of this project. 2. A statement regarding internal bicycle and pedestrian travel has been remover!. There was a reference in the original P-C Text to residential area being designed to encourage bicycle and pedestrian travel. It is the opinion of staff that internal requirements of this nature are not necessary, so long as pedestrian and bicycle access to the arterial roadways is provided. Provision of this access is discussed in the section on the tentative tract map. 3. The definition of buildable acreage has been removed The concept of buildable acreage was removed from the General Plan in the comprehensive General Plan update. The deletion of the definition is consistent with the General Plm and staff has no objections to the request. 4. Temporary gasoline monitoring and recovery equipment is allowed as a permftted use, and is allowed in a setback area. The Santa Ana Regional Water Quality Control Board has required the former service station site to be monitored for a period of two years. If gasoline is detected at any time, removal will he required. The monitoring facility is located inside the project fence, and will not be visible outside the project. Staff has no objections to location for the monitoring system, nor to the temporary siting of gasoline recovery facilities in a setback if It is required. 5. Regulations pertaining to detadied garage or carport structures on non -street property lines have been eliminated The project has no internal property lines so this regulation has no meaning to the proposed project. Staff has no objection to the elimination of the language. 6. The parking requirement has been increased to two (2) parking ,space) per dwelling unit. A detailed parking survey of large apartment projects was conducted for the original adoption of the Villa Point Planned Community. A chart describing the parking demand is on the following page. Based on these results, the City adopted a sliding parking requirement of 1.5 spaces per one bedroom unit, 1.75 spaces per two bedroom unit and 2.0 Spaces per three bedroom unit. In their review of the Phase I project, the California Coastal Commission required that parking be provided at a rate on 2.14 spaces per unit. It is the opinion of staff that the proposed parking requirement of two spaces per dwelling unit is adequate APARTMENT PARKING SURVEY SUMMARY Villa Point 11 Vehicles Parked Parked Vehicles Location Rain DU ]a= L&&d Illegal T W Per D.U. Promontory Point 8/13 Saturday 8:30 PM 554 5 559 1.08 1.22 (520 D.U.) 8/14 Sunday 6:30 AM 626 542 6 S 632 547 1.05 a'• ao 8/16 8/17 Tuesday Wednesday 8:15 PM 6:00 AM 610 3 613 1.18 Baywood 8/13 Saturday 8:55 PM 346 16 21 362 441 1.13 1.38 ; (320 D.U.) 8/14 8/16 Sunday Tuesday 6:50 AM 8.45 PM 420 321 8 329 1.03 n 6 , 8/17 Wednesday 6:25 AM 395 13 408 1.28 P, Turle Rock 8/13 Saturday 9:15 PM 293 3 6 39 1.19 (252 D.U.) 8/14 8/16 Sunday Tuesday 7:20 AM 9:05 PM 294 3 297 1.18 8/17 Wednesday 6:45 AIM 335 5 340 135 TO: ALng Commission - 7. - • for. this project. The previous parking study clearly showed that larger apartment projects require less parking than that required by the City generally in Multi. Family Residential areas (2.5). Staff has no objections to the proposed standard. 7. Reg dadans rcgfa►dutg fence heights have been revised Provisions regarding view site setbacks have been eliminated. These arc not necessary liana no views are available through the site. Staff has no objections to this request. In addition to these changes proposed by the applicant, staff has some specific concerns and suggestions for revisions to the proposed Planned Community District Regulations and Development Plan. Setbacks. The P-C Text calls out a 15 foot setback from Back Bay Drive, a private street. Another section of the text calls out a five foot setback from private streets. The site plan shows a 10 foot setback from back of sidewalk on Back Bay Drive. Staff has reviewed the site plan and has no problem with the 10 foot setback on Back Bay Drive. We would, therefore, suggest that the defined setback on Back Bay Drive be established at 10 feet, and that the statement regarding "Streets . Dedic;tted and Private' be amended to read as follows: "...In the case of private or nun dedicated streets, except : Back =Uay.:D vc, a minimum setback from said streets of five (5) feet shall be required for all structures..." Sewer Easement Setback. The County Sanitation Districts of Orange County has a sewer line easement crossing the property near the corner of East Coast Highway and Jamboree Road. In a letter dated February 27, 1990 (attached), the Districts requested that no permanent structures be allowed over the sewer line, or within fifteen (15) feet of either side of the sewer line. Additionally, they request that no mounding or fill be permitted on the sewer line, nor the planting of any tree or bush larger than six (6) feet in height; at- full growth. Staff has no objections to the request of the Sanitation Districts, although it should be noted that this requirement would significantly impact the proposed landscaping plan for this corner of the project. The landscape plan in this area is discussed in greater detail later in this report. Should the Planning Commission desire to add the Districts' request to the P-C Text, an additional General Note should be added as follows: "16. No permanent structures are permitted over the sewer line of the County Sanitation Districts of Orange County, nor within fifteen (15) feet of either side of this, line., No mounding or fill is permitted over this sewer line setback area, and no tree or bush larger than six (6) feet in height at full growth is allowed in this area." Landscape Plan. The proposed landscape plan includes the edge treatment of areas along Jamboree Road and East Coast Highway. The landscape plan for this- area has been revised from the original submittal to slightly relocated the project fence, to remove the sports court, and to show the landscaping for the corner. A copy of the revised corner treatment is attached to this report. TO: Planning 'n Commission 8. • . The primary feature of the revised !plan is the � � p placement of a dense stand of palm trees mixed with ale ppd pines in a significant portion of the comer setback area. This area is very lame due to the combined requiremems to setback from the sewer line and to provide roadway reservation for the potential grade separation at Jamboree Road and East Coast Highway. The plan also shows mounding in this area: The plan proposed reduces the potential for public views from East Coast Highway across tills corner of the site to the cliff surrounding Upper Newport Bay, and on clear days, to a panorama which includes the distant mountains. It is the position of staff that the landscape design for this corner of the project be revised to address the combined concerns of the County Sanitation DistricU and the potential for enhanced public views. This could be achieved through an elimination of the mounding at the corner, and a change in the landscaping concept away from the dense stand of palm trees to a use of more low growing shrubbery and ground Cover, with screening bushes at the fence line. Additionally, some existing berms should be re- graded to lower the elevation of parts of the area. In this concept, a limited number of trees could be allowed to provide interest to the landscape without totally obscuring the views through to the Dover Shores bluff faces. Should the Planning Commission desire to implement this proposal, the following language should be added to Ocneral Note No. 7 in the P-C Text, as follows: '7. Landscaping All landscaping shall be installed in accordance with landscape plans, subject to the review a latlidF arks, h ��qp and approval of the Planning Department and Project Elevation and Visual Prominence. In addition to landscaping, the elevation of the project as related to adjacent development has been identified as an issue. ,The pad elevation of this project is 85 feet. It is at a similar elevation to the Villa Point Phase I project. The other adjacent project, Sea Island, was developed under a different design concept which included the tiering of the residential pads up from Jamboree Road. As a result, the residential units immediately adjacent to the project, across Back Bay Drive, are Bt elevations ranging from 54 feet to 68 feet. It is important to note, however, that the lowest tier of Sea Island : is immediately adjacent to Jamboree Road. The right-of-way reservations associated with this project require significantly greater setbacks than that required of Sea Island. The second tier of homes In Sea island range in elevation from .62 to 104 feet, and the third tier is from 74 to 116' feot.E. f It is ithe opinion of staff :that the project .will be -visually prominent. but no more ! so than the adjacent developments. . 11 1 0, TO: Planning Commumn •� 9, The project includes a request to subdivide 2 existing parcels of land containing ±9.3 acres into a single lot for a 90 unit residential condominium development. Although a condominium map is proposed, the property owner intends the occupancy of the project to be as apartments. An issue which has been identified is the provision of pedestrian access from the project to the arterial highway system. The project is located in close proximity to the recreational resources of Upper Newport Bay across Jamboree Road, and Balboa Island and Lower Newport Bay across Coast Highway. It is the opinion of Planning and Public Works Department staff that walkway connections should be placed between Back Bay Drive and East Coast Highway and between the westerly project corner and the intersection of East Coast Highway and Jamboree, Road' to facilitate this pedestrian movement. A condition of approval requiring these connections' Is included in those suggested for the tentative tract map. Public Works and Planning Department staff have reviewed the proposed subdivision, and have no objections to the request. The proposed development is in the Coastal Zone and contains 10 or more dwelling units. The project must, therefore, comply with the provisions of Chapter 20.69 of the Newport Beach Municipal Code, which requires the inclusion of low or moderate income housing in the Coastal Zone, where feasible. It is currently envisioned that the project will provide 18 units (20%) off -site for affordable housing in the Baywood apartment project. The project is, therefore, in compliance with Chapter 20.69. The conditions of approval have been worded to address the provision of affordable units either on or off site, subject to the mutual agreement of the City and The Irvine Company. The term of affordability will be for 20 years, preference will be given to Section 8 voucher holders, income levels shall be established using the Section 50093 standards (Health and Safety Code) and rents shall be as defined by Section 8 Fair Market Rents. Chapter 15AO of the Newport Beach Municipal Code sets forth specific findings which must be made In order to approve a Traffic Study. Section 19.12.020(D) provides that the Commission shall make specific findings in order to approve a tentative tract map, Requirements for the approval of a Coastal Residential Development Permit are in Chapter 20.69. It is the opinion of staff that the project meets all the specified criteria for approval of this project. While no specific findings are set forth in the Code for the approval of. an amendment to Planned Community District Regulations and Development, )Plans, je is the opinion of staff that the proposed changes are consistent with the General` Plan, and the TO: 9 0 Planning Commission 1a. additional changes requested by staff will address Identified coswrns of the surrounding community. Should the Planning Commission desire to approve the project, Findings and Conditions for Approval are attached as Exhibit "A", if it is the desire of the Commission to deny the project, Findings for Denial are suggested in Exhibit "W. PLANNING DEPARTMENT JAMES D, HEWICKER, Director BY Patricia L Temple Principal Planner Attachments: 1. Exhibit "A" 2. Draft Resolution - Planned Community "Text Amendment 3. Exhibit "B" 4. Vicinity Map 5. Letter from County Sanitation Districts 6. Revised landscape plan exhibit 7. Draft Environmental Impact Report S. Draft Planned Community District Regulations 9. Plot Plan, Floor Plans and Elevations 10. Tentative Tract Map PLT PC\A705,SR1 TO: Pi ing Commission - III ,0 11 1. 1 r . FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL IMPACT REPORT NO. 146 TRAFFIC STUDY NO. 63 AMENDMENT NO. 705 TENTATIVE MAP OF TRACT NO. 14055 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 17 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance in all areas, and that the only remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. 1. Development of the site shall be subject to a grading permit approved by the Building and Planning Departments. 2. The grading permit shall include 'a description of haul routes, access points to the site, and a watering program designed to minimize the impacts of haul operations. 3. An erosion, siltation ,and dust control plan :half be submitted and be subject to the approval of the. Building Department prior to the issuance of the grading permit.. A;copy of the plan shall be forwarded to the California, Regional Water Quality Control Board, Santa Ana Region. 4. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the grading engineer. • TO: Planning Commission - 12 5. Grading shall be conducted in iccix� with plans prepared by a civil engineer incorporating the recommendations of a soil engineer and an engineering geologist subsequent to the oompledon of a comprehensive soil and geologic investigation of the site. Permanent reproducible' copies of the "Approved ax Built" grading plans shall be furnished to ' the Building Department prior to the issuance of building permits. 6. Recommendations included in the Geotechnical Report shall bo Incorporated into project design where appropriate. The Building Department shall verify the application of the appropriate recommendations prior to the Imance of grading Permits. 7. The velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as a part of project design. K. Prior to the issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will he performed in such a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. 'Nils shall be reviewed and approved by the Building Department. 9. The development shall provide for vacuum sweeping of parking areas. 10, 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 materials. 11, Should fossils be discovered during grading operations, the landowner shall donate the fossils collected to a non-profit institution. 12. Existing on -site drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water, sewer, and storm drain for on -site improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. 13. A landscape plan, prepared by a licensed landscape architect, shall be submitted which includes -a' maintenance program that controls the use of fertilizers and pesticides. Tice plan"shall 'be reviewed by the Parks, Beaches and Recreation Department and approved by the Planning and Public Works�Departments. Prior to the issuance of an occupancy permit, a licensed landscape -architect shall certify to the Planning Department that the landscaping has been installed in accordance with the" approved plan. 14. Landscaped areas shall be irrigated with a system designed to avoid surface run- off and over -watering. TQ; PAking Commission - 13 • 15. The landscape plan for the corner of East Coast Highway and Jamboree Road shall be designed in such a manner as to allow for public views th =gh the area to the Dover Shores bluff faces. No increase in grade elevation is allowed, and some reduction in grade elevation may be required to enhance views across the site. 16. Development shall be in substantial conformance with the approved site plan, floor plats and elevations. 17. The project shall be designed so as to eliminate light and glare spillage onto adjacent properties. 18. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 19. Signage. and exterior lighting shall be approved by the Planning and Public Works Departments. 20. Street signs, tables, benches, planters, and other similar features on -site or adjacent to the project site shall be designed with a common theme compatible with the overall architectural style of the project. The design shall be approved by the Planning, Public Works, and Parks, Reaches and Recreation Departments prior to the issuance of an occupancy permit, 21. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation improvements. 22. The project shall provide for the reservation of right-of-way for the potential future grade separation of East Coast Highway and Jamboree Road as called out in the City`s General Plan. 23. Construction activities will be conducted in accordance with the Newport Beach Municipal Code, which limits the hours of construction and excavadon work to 7:00 a.m. to 6:30 p.m. on weekdays, 8:00 a.m, to 6:00 p.m. on Saturdays and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. 24. Any mechanical equipment and emergency power generator shall be screened from view, and noise associated with said facilities shall be sound attenuated so as not to exceed SS dBA at the property' lines.. The , latter shall be based upon the recommendations of a registered engineer practicing in acoustics and approved by the Building Department+ 25. All exterior living areas (e.g. balconies and patios) which lie within the 65 CNEL contour shall be constructed with 6 foot high noise barriers. The noise barriers shall be continuous (no openings or gaps) and have a minimum density of 3.5 pounds"per square foot The walls may be stud walls with cement plaster exterior, V4 inch plate glass, 5/8 inch plexiglass, any masonry material, of any combination TO: Planning Commission - 14 of these materials. Wood and other materials rhay be used 'if specifically designed as noise barriers. 26. All units exposed to exterior noise levels higher than 65 CNBL shall he constructed to achieve interior noise levels no greater than 45 CNCL. Prior to issuance of a building permit, a registered engineer practicing in acoustics shall review final 'architectural plans to determine what building upgrades will be necessary to achieve this standard. The Building Department shall require that such upgrades be incorporated into the plans prior to the issuance of the building permit. Most likely the only building upgrade that will be required is higher rate windows such as 3/16 inch single pane glass for all windows that are exposed to Newport Boulevard. 27. Prior to the issuance of the occupancy permit, the Building Department shall require that an acoustical analysis be conducted by a registered engineer practicing in acoustics (at the developer's expense). This analysis shall determine if all noise mitigation has been installed as required and that noise levels will meet City standards. The noise measurements shall be taken at that point In the worst case unit where the highest noise levels are expected. If different noise attenuation methods are used for different units, then a worst case unit for each method shall be tested. 28. A dust control program in compliance with South Coast Air Quality Management District Rule 403 shall be implemented during demolition, excavation and construction. This program shall include such measures as: containing soil on - site until it is hauled away, periodic watering of stockpile soil, and regular vacuum sweeping of streets used for the haul operation to remove accumulated material. 29. Prior to the issuance of building permits, the Fire Department shall review the proposed plans to determine the adequacy of emergency access, ,The Department may require indoor fire protection features, such as overhead fire sprinklers, if it determines that such measures are necessary to provide adequate fire 'protection. 30. Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. 31. All onsite fire protection (hydrants and Fire Department conncctlons) shalt be approved, by: the Fire Department and Public Works Department. 32. The applicant shall install an Opticon device in the Back Bay Diive/Jamboree Road signal. . 33. Final design, of. the project shall ' provide . for the incorporation of, water -saving devtces'for.project lavatories and other water -using devices.. This shall be verified by the ' Building Department prior to issuance of occupancy perrinits. TO: Commission - 15 • 33. Prior to issuance of building or grading permits, a master plan of water. and sewer bdtities shall be prepared for the site. 77he applicant shall verify the adequacy of existing water and sewer facilities and construct any modification of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities. 34. Prior to the occupancy of any building, the applicant shall provide written verification from the Orange County Sanitation District that adequate sewer capacity is available to serve the project. 35. Prior to the approval of the final tract map, the applicant shall consult with the City of Newport Beach Public Works Department and 0M regarding the provision of a bus stop and related amenities (i.e., shelter, bench) along East Coast Highway adjacent to the project site, and shall install any facilities determined to be necessary by the City and OCTD. 36. The applicant shall contribute a fair share contribution to the re -opening of schools, if required by the school district, 37. 7ne project shall provide recycling Wlis in the trash disposal areas for the voluntary recycling of newspaper, aluminum and glass. The project shall also provide a mechanism for the collection and recycling of items disposed of In this manner. 1. Mutt a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Counn] Policy S-1. 2. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary -modified, or primary street. Adopt Resolution No. , recommending adoption of Amendment No. 705 to the City CounciL 1. 'mat the design of the subdivision will not conflict .with any easements acquired by the public at large for access through or use of property within the proposed subdivision. TO: Planning Commission - 16 2. That public improvements may be required of a- developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 1. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling 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. S. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the design of the private streets and drives conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department. The private street clear width from Back Bay Drive to the Parking Court shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. That the private street be widened at the, southwesterly corner of the development to provide adequate turning movement for ,trucks and that- the curb return at that location have a minimum 25' radius. 7. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape; walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 8. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 9. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. TO: Plaikd rig Commission - 17 10. That easements for public emergency and security ingress, egrere uad public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map. 11. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 12. That all vehicular access rights to East Coast Highway and Jamboree Road be released and relinquished to the City of Newport Beach. 13. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 14. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site Improvements prior to issuing any grading or building permits or recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to he required by the study shall be the responsibility of the developer. 15. That County Sanitation District fccs he paid prior to issuance of any building permits. lb. That the Public Works Department plan check and inspection fee be paid. 17. That any Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110 L 18. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 'A traffic control plan shall be reviewed and approved by the Public Works ` Department. No construction storage or delivery of materials shall be stored within the East Coast Highway or Jamboree Road right-of-way. Prior to issuance of any Grading Permits, a parking plan for workers must be submitted and approved by the Public Works Department. 19. That the tfastl `enclosures be located so that they do not restrict vehicular sight distance. 20. That sidewalk' connections be made between Back Hay Drive and Past Coast Highway and between 'the Jamboree Road/Coast Highway intersection and the westerly corner of the tract improvements. TO: Pl•ing Commission - 18 • 21. That the footing: , on the proposed structures adjacent to the existing County Sanitation Sewer Main be deepened so that excavation of the existing sewer main using a one to one (1:1) slope from bottom of existing sewer will not under -cut the footings of the proposed structures. 22. That no mounding or fills be placed over the Sanitation District Sewer Easement and that the landscaping plan in the sewer easement area be approved by the Orange County Sanitation District with no trees or plants larger then 6 feet in height at full growth. 23. That an irrevocable offer to dedicate street right-of-way for a future grade separation at Jamboree Road and East Coact Highway be offered and shown on the tract map. The area is as generally shown on the tentative map; the final configuration is to be approved by the Public Works Department. 24. That the triangular area between the sewer easement and the East Coast Ilighway/Jamboree Road intersection be graded down to an elevation of 81 to 85 to provide a view corridor for west bound Coast Highway traffic and that landscaping in this area be designed to provide a view corridor. 25. A traffic control plan shall be prepared showing all signs and markings including fire lanes. 1. That the proposed development has met the requirements of Chapter 20.69 of the Newport Beach Municipal Code. �i 1. That prior to ; the recordation of the Final Tract. Map, the applicant shall enter into an affordable housing agreement, the form and content of which is acceptable to the City Attorney and the Planning Director, which guarantees the provision of eighteen affordable dwelling units on -site or off -site within the City, subject to the mutual agreement of the City and The Irvine Company. The affordable housing agreement shall be recorded as a deed restriction against the property. 2. The .affordable units provided shall be affordable to moderate Income families if the units are for sale; or to low income families (using Health and Safety Code Section 50093 income standards) at Section 8 fair market rent if the units are rented by the applicant or successors in Interest, in accozdam with the provisions of the .Newport. Beach Housing ,Element. Preference shall be given to Section 8 certificate or voucher holders. 3. The term of affordability shall be twenty years. TO: AkingCommission - 19 4, if it is proposed to provide the affordable housing units oil: -site within the city, the affordable housing ag eemcnt shall include provisions regarding the timing of the affordable units in relation to the occupancy of this project. iw • Plarusing C nviissioa , 20 • RLSOLunox No. A RESOLUTION OF THE PLANNING ' COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDEN O APPROVAL TO.T11E Cf Y COUNCIL OF AN 'AMEND- MENT TO THE VILLA POINT PLANNED COMMUNITY DISTRICT REGULATIONS (PIANNING COMMISSION AMENDMENT NO. 705) WHEREAS. as part of the development and impiementatlon of the Newport Beach General Plan the land Use Element has been prepued; oral WHEREAS, the Newport Beach Municipal Code provides specific procedures for the Implementation of Planned Community zoning for prrytisrties within the City of Newport Beach; and WHEREAS, an amendment to the Villa Point Planned Community is necessary in order to maintain consistency between the Newport Beach General flan and the Zoning Ordinance; and WHEREAS, the City of Ncwlxsrt Beach prepared an Erreironnwrilal Impact Report for the project in compliance with the California Environmental rhiality Act (CEQA) and the State CEVA Guideline; and WHEREAS. the Planning Cunmrission has reviewed and considered the information contained in the emrirnnmental document In malting its decision on the proposed amendment. NOW, TIIEREi=ORF., BE IT RESOLVED that the Planning Commiuion of the City of Newport death does hereby recommend Icf the City Council an amend- ment to the Villa Point Manned Community designated as Planning Commission Amendment No. 705 as shown on Exhibit I attached. ADOPTED this _ day of _MAUL. 1990, by the follrrwing vote. to wit: AYES DOES ABSENT BY Gary W. Pomeroy, CI IAIRMAN BY Janice Mbay. PLT SECRETARY PC\A705.RS I TO: PlAing Commission - 21 • EXHIBIT 'B' FINDINGS FOR DENIAL ENVIRONMENTAL IMPAC REPORT NO. 146 TRAFFIC STUDY NO. 63 AMENDMENT NO. 705 TENTATIVE MAP OF TRACT NO. 14055 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO, 17 Einding! I. That an environmental document is not needcd for a project which is denied. B. _Traffic Study No. 63, Eindinin I. That a Traffic Study is not needed for a project which is denied. Eindiinos; I. That the project design will result in undesirable and abrupt scale relationships in the arcs, particularly on Jamboree Road where the first tier of the Sea Island project is significantly lower in elevation to the proposed project. 2. That the proposed landscape plan will result in the obstruction of public views from East Coast Highway across the subject site. 1. That the site is not appropriate for the density which is being proposed. 2. . '.That the design of the project has problems' from , a planning standpoint in the :areas of hndscaping and scale to the surrounding development. W&Omentlemlf- No., IL Findinir. + T 1. That a Coastal Residential Development Permit is not needed for a project which 13 denied. PC\A705.EXB TO; Planning Commission » 22 ,;• VICINITY MAP ENVIRONMENTAL IMPACT REPORT NO.146 TRAFFIC STUDY, NO.63 AMENDMENT NO.705 TENTATIVE MAP OF TRACT NO. 14055 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 17 . February 27, 1990 Mr. . Don Hebb City Engineer City of Newport Beach 3300 Yew art Boulevard Post Office Box 1768 Newport Beach, CA 92659-1769 Dear Dont Subject: Tentative Tract No. 14055 Villa Point Apartments in response to inquiries frog your department concerning the pending approval of Tentative Tract'No. 16053.. the Sanitation Distract requests that:you condition this tract to not allow construction of Q r� pant structures over the sewer line or within _ 15 feet o! - either side of -the . Lim, In addition, we request that no ■oaadiW or !ills be.pormUted on the sewer line, nor the planting of any tree or.bwti:larger than 6 feet in height at full growth. Thank you for the- opportunity to cowont �•on.'the Villa Point Aparteent projsote TMI jt VIA, FAX yr truly re; Knotor of DngLnoering :z3 • �F II Sail MAW (,, . Im OMW COAS r COtJMf MY CLUB XT to 0-11.4 TIA- VLLA POIWI ' , ` `vnTwo FTEMTgffwE TRACT N0: ` Arl ial sarua San@" r ! itA.fi - n rwar— _ I�r I I -. ♦i Zia"' � i • City Council Meeting TO: FROM: SUBJECT: Agenda Item No. r_1n1h1 CITY OF NEWPORT BEACH City Council Planning Department A request of Regis Contractors to approve a Traffic Study so as to permit the construction of 90 dwelling units on property located in Area 2 of the Villa Point Planned Community; and the acceptance of an Environmental Impact Report. AND Request to amend the Villa Point Planned Community Development Plan so as to reclassify property located at 1100 East Coast Highway, on the northeasterly corner of East Coast HIghway and Jamboree Road, in the Villa Point Planned Community, from "Office/Visitor Serving Commercial" to "Muld-Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2. n,E Request to subdivide two existing parcels of land containing 93± acres, into a single lot for a 90 unit residential condominium development. ME Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone In conjunction with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. TO; Piaanmg Commission • 2. If approved, the applications described above will allow the construction of 90 apartment units which will be Phase II of the Villa Point project currently under construction. The proposed site plan shows the units to be provided in 10 separate structures, with additional parking facilities and a pool/cabana area. The Newport Beach Municipal Code and the City Council Policy Manual contain review procedures for these applications, as follows: Environmental Impact Reports in City Council Policy K-3, Traffic Studies in Chapter 15.40 and City Council Policy S•1, Amendment to an established Planned Community Development Plan in Chapter 20.51, Tentative Tract Maps in Chapter 19.12 and Coastal Residential Development Permits in Chapter 20.69. If desired, set these items for public hearing on April 23, 1990. On February 22, 1990, the Planning Commission reviewed the applications listed above, and recommended approval of Amendment No. 705 and Tentative Map of Tract No. 14055 to the City Council. Tragic Study No. 63 and Coastal Residential Development Permit No. 17 do not automatically come before the City Council, and should be called up for review by the City Council in association with the General Plan and Zoning Amendments. Copies of the Planning Commission Resolutions, Minutes and staff report will be forwarded to the City Council at the time of the public hearing. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By Patriciaemp e Principal Plainer PLT CC\A705.SR1 i 0 Planning Commission Meeting Agenda Item No. _ 6 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Yllla Point Phase II • SvQFlemental RCp,Qrt Staff has further reviewed the suggested conditions for approval of the Villa Point Phase H project, and proposes the following revisions: 23. 36. Construction activities will be conducted in accordance with the Newvort Beach Municipal Code. which limits inhisv.r&ff si tht The applicant shall contribute a fair share contribution to the of schools, if required by the school district. 37. The project shall provide recycling bins in the trash disposal areas for the voluntary recycling of newspaper, aluminum and glass. The project shall also provide a mechanism for the collection and recycling of items disposed in this manner. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By a111411cm atnaa L Temple Principal Planner PIT PC\A705.SR2 COMMISSIONERS MINUTES ROLL CALL. Muds 8, 1990 CITY OF NEWFORT BEACH a . . B.QENERAL PLAN AMENDHENT Adopt Resolution No. 121'1, recommending it a City Council, as set forth in the attached Re on. C. Adopt Resolution . 1218, recommending it to the City Council, as orth in the attached Resolution. D ,,688, Adopt Resolution No. 1219 MENT ecommending approval of Amendment No. 688 to the City Council. s • • Request to approve a Traffic Study so as to permit the construction of 90 additional dwelling units on property located in Area 2 of the Villa Point Planned Community; and the acceptance of an Environmental Impact Report. E R. AMendment No. 705 (Public Hearing) (Noticed as Amendment No. 698) Request to amend the Villa Point Planned Community Development Plan so as to reclassify the subject property from "Office/Visitor Serving Commercial" to "Multi -Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2. AND Request to subdivide two existing parcels of land containing 93 t acres, into a single lot for a 90 unit residential condominium development; and -20- AND WDEx Resolution No. 1217 Re solution No. 1218 Resolution No. 1219 Item do.6 TS 63 A705 Res.1220) 7M14055 CRLP 17 Approved 1 COMMISSIONERS N*kVMko�k\ March a 1990 MINUTES \\\\\\\\CITY OF NEWPORT BEACH ROLL CALL INDEX Request to approve a Cowtal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate Income housing within the Coastal Zone in conjunction with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. LOCATION: Portions of Blocks 94 and SS, Irvine's Subdivision and Parcel 1 of Parcel Map 12- 21 (Resubdivision No. 242), located at 1100 East Coast Highway, on the northeasterly corner of East Coast Highway and Jamboree Read, in the Villa Point Planncd Community. ZONE: P-C APPLICANT: Regis Contractors, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams/Streeter, Irvine Commissioner Pers6n referred to Condition No. 15 with respect to the landscape plan for the corner of East Coast Highway and Jamboree Road, and he asked if the condition could be modified to state "..shall be submitted to the Planning Commission prior to implementation for final review.." Patricia Temple, Principal Planner, explained that the revised condition would be acceptable to staff; however, she suggested that the Planning Commission provide specific guidance to the applicant. In response to a question posed by Commissioner Glover, Commissioner Persdn clarified the modified condition. Ms. Temple requested that Mitigation Measure No. 26 be changed from Newport Boulevard to Jamboree Road and East Coast Highway. Ms. Temple referred to the supplemental staff report wherein staff proposed revisions to EIR Mitigation -21- COMMISSIONERS MINUTES March 8, 1990 \\\\\\\\ CITY OF NEWPORT BEACH ROLLCALL 11 fill INDEX Measures No. 23, 36, and 37, and Tentative Map of Tract No. 14055, Condition No. 26. The public hearing was opened in connection with this item and David Dmohowski representing The Irvine Company, and David McMahan, Project Manager for Regis Contractors, appeared before the Planning Commission. In response to a question posed by Chairman Pomeroy, Mr. Dmohowski indicated that the applicants concur with the findings and conditions In Exhibit W with the exception of affordable housing and views. Mr. Dmohowski referred to Condition No. 2, Coastal Residential Development Permit No. 17, regarding affordable units. He requested that the condition be modified so as to be consistent with the Affordable Housing Agreement that was executed with the City at the time Phase One, Villa Point, was approved. fie said the Agreement requires 10 percent HUD Low and 10 percent County Median. He requested that Condition No. 2 be modified to state "nine units as HUD Low Income and nine units as County Median", so as to be consistent with the previous Agreement. Mr. Dmohowski explained that there are no Governmental subsidies or financial incentives available from the City to assist in the affordable housing provision, therefore, any subsidies that are provided would be at the expense of the property owner. Mr. Dmohowski stated that the applicants concur with all of the remaining terms and conditions of the affordable housing program as recommended by staff. In response to a question posed by Chairman Pomeroy, Mr. Dmohowski explained that to provide 20 percent affordable units, the applicants would request a revision as to how the units are to be broken down in the affordability category. He further explained that 20 percent of the 90 units requested would be 18 units, and of the 18 units the applicants are requesting nine units low income and nine units County median. Commissioner Person referred to Condition No. 3, Coastal Residential Development Permit No. 17, and he asked If the City was now requiring a thirty year affordability. Robert Lenard, Advance Planning Manager, explained that Condition No. 2 is consistent with the Newport Beach Housing .22. COMMISSIONERS • kNtXV%\1%\ • MINUTES March 8, 1990 CITY OF NEWPORT ®EACH ROLL CALL I INDEX Element, and the requested affordability standards are similar to other projects approved by the City. He said that the approval of Phase One, Villa Point, gave the applicants the ability to provide the units off -site and that the same flexibility Is proposed for this phase. The affect of Villa Point, Phase One, was to condition some of the units to be at rents that were essentially above market rate, so rather than have a reduction In rents on the existing apartment project, there was no effect. The City was designating specific units where the "affordable` rent standard exceeded what could be charged, based on the market. On that basis, staff has recommended (consistent with the Housing Element), that the Section 8 Standard be used so that the City will receive benefit from the imposition of the condition. Mr. Lenard explained that the Planning Commission could proceed with the staff recommendation so as to be consistent with the Housing Element; however, he suggested that the application be continued to a future Planning Commission meeting if it is the desire of the Planning Commission to modify the affordable housing condition so as to allow staff additional time for further review of the Housing Element, and preparation of additional findings. In response to a question posed by Chairman Pomeroy, Mr. Lenard explained that Phase One of Villa Point was approved prior to the adoption of the General Plan Housing Element currently In effect, and that the most recent amendments were partly in response to the Villa Point Phase i affordable requirements which had no effect on rents. Commissioner Di Sano Indicated that the entire Villa Point project was not approved simultaneously because of the service station that was previously located at the subject site. In response to a question posed by Commissioner Person with respect to the twenty year term of affordability, Mr. Lenard explained that the Housing Element requires a minimum term of twenty years. He indicated that the City Council has been placing a thirty year moratorium on high density projects that include a Density Bonus. •23- COMMISSIONERS �N o - � 4 • MINUTES Much 8, 1990 \\\\\\\\CITY OF NEWPORT BEACH ROLL CALL INDEX Robin Flory, Assistant City Attorney, addressed the new Government Cade provisions, of the Incentive Density Bonus that require the thirty year affordability. Mr. Dmohowskl addressed Condition No. 15, the landsope plan for the corner of East Coast Highway and Jamboree Road. He explained that a view analysis evaluates the project with the proposed landscaped treatment. Mr. Dmohowski and Mr. McMahan presented an overlay of the project in conjunction with the proposed landscape plan, and the visual impact the landscaping would have from East Coast Highway. Mr. Dmohowski explained that the intent of the landscaping is, to screen the profile of the project from the East Coat Highway and Jamboree Road intersection. In response to a question posed by Commissioner Person regarding a modification to Condition No. 15, Mr. Dmohowski requested the provision of an adequate landscape plan be required prior to the issuance of the Building Permit. Mr. Dmohowski did not object to Condition No. 15 as submitted by staff; however, he said this theme landscape treatment exists on most of the corners in Newport Center and the theme treatment would be severely impacted by Mitigation Measure No. 15 and Condition No. 24 of the Tentative Map of Tract No. 14055. Mr. Dmohowski recommended a revision to Mitigation Measure No. 15 as follows; 'The landscape plan for the corner of East Coast Highway and Jamboree Road shall be designed in such a manner as to allow for public views through the area to the Dover Shores bluff faces', and that Condition No. 24 be deleted. Mr. Dmohowski did not oppose a further review by the Planning Commission provided it would not delay the permit process. Commissioner Person opposed The Irvine Company's revised Mitigation Measure No. 15 and deleted Condition No. 24 inasmuch as he said there is no density study for the proposed palm trees as the trees relate to the project, and it would be an opportunity for the applicant to review with staff the density as it relates to the entrances to Newport Center as the project progresses. Commissioner Merrill and Commiuloner Person discussed the view corridor as it relates to the proposed palm trees. -24- COMMISSIONERS 1 -N00kV1j-%Y0&\X Much 8, 1990 MINUTES \\\\\\\\CITY OF NEWPORT BEACH ROLL CALL INDEX Chairman Pomeroy referred to Condition No. 24, Tentative Map of Tract No. 14055, and staffs request that the intersection be graded down from 81 to 85 feet. Don Webb, City Englneer, explained that staff has requested a flat plane so as to enhance the view corridor. In response to a question posed by Commissioner Merrill, Mr. Webb replied the former service station was not constructed over the sewer easement. Mr. McMahan demonstrated from the exhibit that the casement is located substantially behind the wall. In response to a question posed by Commissioner Merrill with respect to a review of the landscape plan, James Flewlcker, Planning Director, explained that staff recommended mitigation measures and conditions that reflect concerns previously expressed by the City Council regarding the location, height and landscape treatment of walls and the loss of public views. Commissioner Edwards supported revised Mitigation Measure No. 15 as suggested by Commissioner Person so as to allow further review by the Planning Commission. Mr. Dmohowski requested that "No increase in grade elevation is allowed, and some reduction in grade elevation may be required to enhance views across the site', be deleted from Mitigation Measure No. 15 inasmuch as the mitigation measure and Tentative Map of Tract No. 14055, Condition No. 24 would be in conflict with a future decision made by the Planning Commission wherein it would necessitate a further amendment to the conditions of approval. Commissioner Merrill and Mr. McMahan discussed the visual impact of the proposed grading outside of the wall inasmuch as it elevates from 81 feet to 87 feet. Commissioner Glover expressed her concern that the developer should be aware of the public's interest in the development on the undeveloped site inasmuch as it could be considered an Intrusion of the view plane. Mr. Dmohowski responded that the public view is minimal for the westbound driver on Past Coast Highway; however, he indicated that the developer Is attempting to preserve a view plane at the development site. .25. COMMISSIONERS MINUTES .o 0 Much 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Mr. Lenard addressed Coastal Residential Development Permit No. 17, Condition No. 2, wherein he indicated that the range in the Housing Element for the proposed development Is from 15 percent to 25 percent at the "fair market rent". lie explained that the Planning Commission would have a 15 percent to 25 percent latitude to be consistent with the Housing Element. He recommended that if the Planning Commission approved less than 15 percent of "fair market rent% that a finding be made stating it would not be economically feasible to provide more than 10 percent. motion Motion wim made to approve Traffic Study No. 63, the acceptance of an Environmental Impact Report, Amendment No. 705 (Resolution No. 1220), Tentative Map of Tract No. 14055, and Coastal Residential Development Permit No. 17, subject to the findings and conditions in Exhibit "A", including revisions recommended by staff as Indicated in the addendum to the staff report: Mitigation Measures No. 23, No. 36, No. 37, Tentative Map of Tract No. 14055 Condition No. 26; that Mitigation Measure No. 15 be modified to state "That the landscape plan for the corner of East Coast Highway and Jamboree Road shall be reviewed by the Planning Commission at a later date"; and Mitigation Measure No. 26 be corrected as previously stated 1n response to a question posed by Chairman Pomeroy, Mr. Webb did not obect to the applicant's request to delete Tentative Map of Tract No. 14055 Condition No. 24 as long as Mitigation Measure No. 15 remains inasmuch as the conditions are redundant. The maker of the motion agreed to delete Condition No. 24 stating "That the triangular area between the sewer easement and the East Coast Highway/Jamboree Road Intersection be graded down to an elevation of 81 to 85 to provide a view corridor for westbound East Coast Highway traffic and that landscaping In this area be designed to provide a view corridor." Chairman Pomeroy concurred with Commissioner Glover's concerns with respect to the view impact from East Coast -26- COMMISSIONERS i MINUTES CITY OF NEWPORT BEACH Much S. 1990 ROLL CALL 1 1 l Jill 1 I woEx Amended Highway inasmuch as the intersection has high visibility. He expressed a desire to satisfy The Irvine Company as well as the residents of Newport Beach so as to provide public view preservation. In response to a question posed by Commissioner Merrill, the maker of the motion requested that the landscape plan be reviewed by the Planning Commission prior to the implementation of any landscaping. Discussion ensued between the Planning Commission and staff with respect to when the Planning Commission should consider reviewing the landscape plan. Commissioner Merrill suggested a modification to Mitigation Measure No. 15 by deleting the reference to the grade elevation. Patricia Temple, Principal Planner. suggested that the mitigation measure be modified to state that one of the issues that would be addressed would be the grade elevations at the intersection, and that the Planning Commission review the landscape prior to the issuance of the Grading Permit. Ms. Temple addressed staffs request to revise the proposed Planned Community District Regulations and Development Plan with respect to private street setback; that no structures are permitted over the sewer line as requested by the County Sanitation District of Orange County; and a landscape condition that would be modified to reflect the mitigation measure. The maker of the motion agreed to include the foregoing changes in the motion. Mr. Dmohowski reappeared before the Planning Commission wherein he requested a flexibility of proceeding with the grading plan, recognizing the landscape treatment would be subject to review. Chairman Pomeroy concurred; however, he explained that if the grading plan would be required to be further modified that there would be an additional cost to the developer. Mr. Webb indicated that the cost incurred would be minimal inasmuch as the structures and roadways are set back if additional grading is required. Commissioner Merrill expressed his concerns with respect to the foregoing request. Commissioner P"n modified Mitigation Measure No. 15 stating that the Planning Commission review the landscape plan prior to the issuance of the Building Permit for the wall. -27- COMMISSIONERS Nook\klol MINUTES March 8, 1990 \\\\\\CITY OF NEWPORT BEACH ROLL CALL INDEX Motion was voted on to approve Traffic Study No. 63, the Environmental Impact Report, Amendment No. 705 (Resolution Ayes ibis • a No. 1220), Tentative Map of Tract No. 14055, and Coastal Absent Residential Development No, 17, Including added and revised findings and conditions in Exhibit "A" as stated and the revisions to the proposed Planned Community District Regulations and Development Plan as suggested by staff. MOTION CARRIED. A, Environmental Impact Report No. 14b F*ndings: 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That all potential significant environmental effects which could result from the project have been Identified and analyzed in the EIR. 3, That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated Into the project to reduce potentially significant environmental effects to a level of insignificance in all areas, and that the only remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project, 4. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. Mit Measures: ption 1. Development of the site shall be subject to a grading permit approved by the Building and Planning Departments. .28- COMMISSIONERS 0 • MINUTES Much S, 1990 CITY OF NEWPORT BEACH ROLLCALL111 1111 1 1 INDEX 2. The grading permit shall include a description of haul routes, access points to the site, and a watering program designed to minimize the impacts of haul operations. 3. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department prior to the issuance of the grading permit. A copy of the plan shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. a. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the grading engineer. 5. Grading shall he conducted in accordance with plans prepared by a civil engineer incorporating the recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Buih" grading plans shall be furnished to the Building Department prior to the issuance of building permits. 6. Recommendations included in the Geotechnical Report shall be incorporated into project design where appropriate. 'Dee Building Department shall verify the application of the appropriate recommendations prior to the issuance of grading permits. 7. ne velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as a part of project design. S. Prior to the 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 such a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. nis shall be reviewed and approved by the Building Department. -29- COMMISSIONERS • MINUTES CITY OF NEWPORT BEACH March 8. 1990 ROLL CALL III I I I[ I I INDEX 9. The development shall provide for vacuum sweeping of parking areas. 10. 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 materials. 11. Should fossils be discovered during grading operations, the landowner shall donate the fossils collected to a non-profit Institution. 12. Existing on -site drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer, A hydrology and hydraulic study and a master plan of water, sewer, and storm drain for on -site improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. 13. A landscape plan, prepared by a licensed landscape architect, shall be submitted which includes a maintenance program that controls the use of fertilizers and pesticides. The plan shall be reviewed by the Parks, Beaches and Recreation Department and approved by the Planning and Public Works Departments. Prior to the issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been Installed in accordance with the approved plan. 14. Landscaped areas shall be irrigated with a system designed to avoid surface run-off and over -watering. 15. The landscape plan for the corner of East Coast Highway and Jamboree Road shall be reviewed by the Planning Commission prior to the issuance of the Building Permit. That one of the issues to be addressed would be the grade elevations at the intersection. l! COMMISSIONERS • • p, `x March 8, 1990 MINUTES \\\\\\\\CITY OF NEWPORT BEACH ROLL CALL INDEX 16. Development shall be in substantial conformance with the approved site plan, floor plans and elevations. 17. The project shall be designed so as to eliminate light and glare spillage onto adjacent properties. 18. All mechanical equipment and trash areas shall he screened from public streets, alleys and adjoining properties. 19. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 20. Street signs, tables, benches, planters, and other similar features on -site or adjacent to the project site shall be designed with a common theme compatible with the overall architectural style of the project. The design shall be approved by the Planning, Public Works, and Parks, Beaches and Recreation Departments prior to the issuance of an occupancy permit. 21. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation improvements. 22. The project shall provide for the reservation of right-of- way for the potential future grade separation of East Coast highway and Jamboree Road as called out in the City's General Plan. 23. Construction activities will be conducted in accordance with Section 10.28.040 of the Newport Beach Municipal Code, which limits noisy construction activities. 24. Any mechanical equipment and emergency power generator shall be screened from view, and noise associated with said facilities shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a registered engineer practicing in acoustics and approved by the -31. COMMISSIONER$ MINUTES CITY OF NEWPORT BEACH March 8, 1990 Rat_ CALL III Jill I I INOEX Building Department. 25. All exterior living areas (e.g. balconies and patios) which lie within the 65 CNEL contour shall be constructed with 6 foot high noise barriers. The noise barriers shall be continuous (no openings or gaps) and have a minimum density of 3.5 pounds per square foot. The walls may be stud walls with cement plaster exterior, yi inch plate glass, 5/8 inch plexiglass, any masonry material, or any combination of these materials. Wood and other materials may be used if specifically designed as noise barriers. 26. All units exposed to exterior noise levels higher than 65 CNEL shall be constructed to achieve interior noise levels no greater than 45 CNEL. Prior to issuance of a building permit, a registered engineer practicing in acoustics shall review final architectural plans to determine what building upgrades will be necessary to achieve this standard. The Building Department shall require that such upgrades be Incorporated into the plans prior to the Issuance of the building permit. Most likely the only building upgrade that will be required is higher rate windows such as 3/16 inch single pane glass for all windows that are exposed to East Coast Highway and Jamboree Road. 27. Prior to the issuance of the occupancy permit, the Building Department shall require that an acoustical analysis be conducted by a registered engineer practicing in acoustics (at the developer's expense). This analysis shall determine if all noise mitigation has been installed as required and that noise levels will meet City standards. The noise measurements shall be taken at that point in the worst case unit where the highest noise levels are expected. If different noise attenuation methods are used for different units, then a worst case unit for each method shall be tested. 28. A dust control program in compliance with South Coast Air Quality Management District Rule 4M shall be •32- COMMISSIONERS • MINUTES March 8, 1990 \\\\\\\\ CITY OF NEWPORT BEACH ROLL CALL INDE implemented during demolition, excavation and construction. This program shall include such measures as: containing soil on -site until it is hauled away, periodic watering of stockpile soil, and regular vacuum sweeping of streets used for the haul operation to remove accumulated material. 29. Prior to the issuance of building permits, the Fire Department shall review the proposed plans to determine the adequacy of emergency access. The Department may require indoor fire protection features, such as overhead fire sprinklers, if it determines that such measures are necessary to provide adequate fire protection. 30. Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. 31. All onsite fire protection (hydrants and Fire Department connections) shall be approved by the Fire Department and Public Works Department. 32. T7te applicant shall install an Opticon device in the Back Bay Drive/Jamboree Road signal. 33. Final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water -using devices. This shall be verified by the Building Department prior to issuance of occupancy permits. 33. Prior to issuance of building or grading permits, a master plan of water and sewer facilities shall be prepared for the site. The applicant shall verify the adequacy of existing water and sewer facilities and construct any modification of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities, 34. Prior to the occupancy of any building, the applicant shall pravide written verification from the Orange County -33- COMMISSIONERS MINUTES 0 y-� �� March 8, IM CITY OF NEWPORT BEACH Rai eau. INDEXSanitation District that adequate sewer rapacity is available to serve the project. 35, Prior to the approval of the final tract map, the applicant shall consult with the City of Newport Beach Public Works Department and OCI'D regarding the provision of a bus stop and related amenities (Le., shelter, bench) along E?ast Coast Highway adjacent to the project site, and shall install any facilities determined to be necessary by the City and OCi'D, 36. The applicant shall contribute a fair share contribution to the schools, if required by the school district. 37. The project shall provide recycling bins in the trash disposal areas for the voluntary recycling of newspaper, aluminum and glass. The project shall also provide a mechanism for the collection and recycling of items disposed of in this manner. Subject to the approval of the Planning Department and General Services Department, this program may be substituted for one which accomplishes recycling without source point sorting. B. TrafticStudy No. 63, Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15AO of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary -modified, or primary street. .34. COMMISSIONERS • MINUTES a March 8, 19W CITY OF NEWPORT BEACH ROLL CALL INDEX Q Amendment No. 705, Adopt Resolution No. 1220, recommending adoption of Amendment No. 705 to the City Council. D, Tentdile Map of Ttiraet No. 1405L Eindin&3: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of it developer per Section 19.08.020 of the Municipal GKIc and Section 66415 of the Subdivision Map Act. Conditions: 1. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improverents. 4. That each dwelling 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. S. That the on -site parking, vehicular circulation and pedestrian circulation systems be subim to further review by the Traffic Engineer. •35• COMMISSIONERS MINUTES CITY OF NEWPORT BEACH March 8, 1990 ROLL CALL III J i' l I I INDEX 6. That the design of the private streets and drives conform with the Citys Private Street Policy (U), except as approved by the Public Works Department. 'flu private street clear width from Back Bay Drive to the Parking Court shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. That the private street be widened at the southwesterly corner of the development to provide adequate turning movement for trucks and that the curb return at that location have a minimum 25' radius. 7. That the intersection of the private streets grad drives be designed to provide sight distancc for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not cueed twenty- four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 8. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 9. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 10, That casements for public emergency and security ingress, egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map. 11. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure -36- COMMISSIONERS 9 MINUTES Much 8. 1990 CITY OF NEWPORT BEACH . ROLL CALL 111 Jill I I INDEX locations, with width to be approved by the Public Works Department. 12. 'lint all vehicular access rights to East Coast Highway and Jamboree Road be released and relinquished to the City of Newport Beach. 13. That street, drainage and utility improvements be shown of standard improvement plats prepared by a licensed civil engineer. 14. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master pplan of water, scwcr and storm drain facilities for the on•site improvements prior to Muing any grading or building permits or recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 15. That County Sanitation District fees be paid prior to issuance of any building permits. lb. That the Public Works Department plan check and inspection fee be paid. 17. That any Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110•L, 18. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall be stored within the East Coast Highway or Jamboree Road right-of-way. Prior to issuance of any Grading Permits, a .37. ` • . , • COMMISSIONERS MINUTES March S. 1990 CITY OF NEWFORT BEACH ROLL. CALL I 11_1 I I j - - - i INDEX parking plan for workers must be submitted and approved by the Public Works Department. 19. That the trash enclosures be located so that they do not restrict vehicular sight distance. 20. That sidewalk connections be made between Back Bay Drive and Fast Coast Highway and between the Jamboree Road/Coast Highway intersection and the westerly corner of the tract improvements. 21. That the footings on the proposed structures adjacent to the existing County Sanitation Sewer Main be deepened so that excavation of the existing sewer main using a one to one (1:1) slope from bottom of existing sewer will not under -cut the footings of the proposed structures. 22. That no mounding or rills be placed over the Sanitation District Sewer Easement and that the landscaping plan in the sewer easement area be approved by the Orangc County Sanitation District with no trees or plants larger then 6 feet in height at full growth. 23, That an irrevocable offer to dedicate street right-of-way far a future grade separation at Jamboree Road and East Coast Highway be offered and shown on the tract map. The area is as generally shown on the tentative map; the final configuration Is to be approved by the Public Works Department, 24. Deleted. 25. A traffic control plan shall be prepared showing all signs and markings including fire lanes. 26. The project shall pay in -lieu park fees pursuant to Chapter 19.50 of the Newport Beach Municipal Cade. This fee can be satisfied through the use of existing park dedication credits generated by the dedication of the Mouth of Big Canyon and Bonita Creek Park. .38- COMMISSIONERS 0 MINUTES CITY OF NEWFORT BEACH March 8, 1990 ROLL CALL III I I M -_ __ I INDEX 1. That the proposed development has met the requirements of Chapter 20.69 of the Newport Beach Municipal Code. SaR.udilions: 1. That prier to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, the form and content of which is acceptable to the City Attorney and the Planning Director, which guarantees the provision of eighteen affordable dwelling units on -site or off -site within the City, subject to the mutual agreement of the City and The Irvinc Company. The affordable housing agreement shall be recorded as a deed restriction against the property. 2. The affordable units provided shall be affordable to moderate income families if the units are for sale; or to low income families (using Health and Safety Code Section 50093 income standards) at Section 8 fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. Preference shall be given to Section 8 certificate or voucher holders. 3. nc term of affordability shall be twenty years. 4. If it is proposed to provide the affordable housing units off -site within the City, the affordable housing agreement shall include provisions regarding the timing of the affordable units in relation to the occupancy of this project. • • . .39. • i � OLL T tW-Y,, - OF. NEWPORT84CH COUNCIL NEMBi RS '�• y} RZ=1AR COUNCIL KznniG PLACE: &rmcil Chambers A TIME: 7:00 P.M. p DATE: April 23. 1990 Present Absent Motion i Ayes Abstained t Motion All Ayes MINUTES Mayor Plummer presented the following Proclamations: NATIONAL LIBRARY YEEK [APRIL 22 _ 28. 19901. ARC DAY [APRIL 27. 19901. AKERICAN HOME WM (APRIL 29 - KAY 5. \ 1990). SIGNAL SECRETARIES WTZK (AP 23 - 27. 1990). x x x x x x A. ROLL CALL. x x B. Reading of Minutes of sting of April 9. x x x x x 1990. was waived, approve s written. and z ordered filed. x C. Reading in full of all ordinances resolutions under consideration was waived. and City Clerk was directed to read by titles only. 1_ Mayor Plu—ser opened the public hearing regarding TRAFFIC STUDY NO. 63 - A request of Regis Contractors to approve a Traffic Study so as to permit the construction of 90 dwelling units on property located in Area 2 of the Villa Point Planned Community; and the acceptance of an Environmental Impact Report; AND PLANNING COMMISSION AMENDMENT No. 705 - Request to amend the Villa Point Planned Community Development Plan so as to reclassify property located at 1100 East Coast Highway. on the northeasterly corner of East Coast Highway and Jamboree Road. in the Villa Point Planned Community. from office/Visitor Serving Commercial" to 'Multi -Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2 ; AND TENTATIVE ]'LAP OF TRACT NO. 14055 - Request to subdivide two existing parcels of land containing 9.3+ acres. into a single lot for a 90 unit residential condominium development; AND volume 44 • Page 123 PCA (94 TY OF'`NEWPORT4P ACH , COUNCIL MEM G MINUTES April 23, 1990 COASTAL. RESIDENTIAL DEVELOPMENT PERMIT NO. 17 - Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone in conjunction with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. Report from the Planning Department. The City Manager, with the assistance of Pat Temple. Principal Planner, illustrated the villa Point project on the wall cap bordered by Pacific Coast Highway. Jamboree, and Back Bay Drive. and corented as follows: On March 8. the Planning Commission considered the project and those in attendance voted to recommend approval of the project, with modification to two primary issues. i.e.. affordable housing conditions and the landscape program. In this second phase there are 90 rental units: the first phase had 138 units, which is adjacent to this project, and together there are 228 units which is permitted in the City's General Plan. The Traffic Phasing Ordinance (TPO) analysis was conducted on this project, and one intersection was found to be impacted by 1• or more: therefore an Intersection Capacity Utilization (ICU) study was done at the intersection of Jamboree and Santa Barbara Drive. and it was found that the ICU was .70. which is well below the standard of the TPO. The Park Dedication Requirements for this project are being satisfied by the credits granted the to The Irvine Company by the Big Canyon dedication a number of years ago, and there are still 2.33 acres of credit available in that Big Canyon acceptance by the City. The requirement of the 90 units would be one acre dedication. and they are proposing to apply that to the 2.33 acres of credit available at Big Canyon, which will leave them 1.33 for future consideration. The Planning Commission reco=ended that is affordable units for 20 years be Volume 44 - Page 124 CRD Permit !17 Villa Pt • - ArY-::QF-NEWPORT B&CH COUNCIL MEMBERS ROLL CALL April 23. 1990 provided off -site in the Baywood Apartment project, which is 20% of the proposed development. The staff has suggested a modification regarding affordable housing. since this was approved by the Planning Commission on March 8. and Condition No. 2 to section E. C082tal Residential Deyelopment Permit No. 17 (Exhibit "A." page 18) has been modified to be consistent with the paragraph on page 3 of the staff report as follows: "2. The affordable units provided shall be affordable to moderate income families if the units are for sale; or to low income families based on ,oily size (using Health and Safety Code Section 50093 income standards) at Section 8 fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. Preference shall be given to Section 8 certificate or voucher holders. IIg City shall support The Irvine rent exception." In response to Council inquiry. the Public Works Director illustrated on the wall map. the triangular area at the intersection of Jamboree Road and Pacific Coast Highway, and provided the following explanation concerning landscaping and moving the proposed sound attenuation wall: The intent of the previously recommended condition of approval by the Planning Commission was to reduce the elevation of some of the higher mounded dirt in this area to improve the sight distance from vest bound Coast Highway over to the Upper Bay area. so that more of the bluffs along Dover Shores would be visible. The project plans are to provide landscaping in this triangular area. as well as a sound wall to attenuate sounds from the high traffic volumes on both the Pacific Coast Highway and Jamboree Road. The Planning Commission did require the condition that the landscaping and the grading on this triangular parcel at the corner go back to the Planning Commission for review (Condition No. 15). Relocating the wall and designing the landscaping must be Volume 44 - Page 125 i :TY OF NEWPORT @ ACH COUNCIL MEMBERS April.23,1990 MINUTES done in such a way so as to not interfere with the view corridor from vest bound Pacific Coast Highway and the 30 foot wide sewer easement located on the aligr=ent of the Sanitation District trunk sewer. Also, there was once a service station on this site, and there has been contamination of the ground underneath. Mobil Oil Corporation is required to place some cleanup facilities on this site (25' x 25') but the problem of siting those tanks and pumps is somewhat difficult. In conclusion, it was suggested that a site plan be developed that would show the grading, the wall, the landscaping and the clean up facilities to satisfy the requirements, and if necessary. some additional language can be incorporated in Condition No. 15. Dave Dmohowski. representing The Irvine Company. addressed the Council. stating that they have reviewed the staff report and the recommended conditions of approval. and are in agreement. However. he stated that he wanted to clarify two issues, i.e.. the landscaping at the corner, as well as the affordable housing modification. Although they are in agreement with the changes in the affordable housing condition. he commented on the rent schedule that would have to be approved by the Orange County Housing Authority (OCILA). He added that in the event the alternative rent schedule is not approved by the OCHA, The Irvine Company may have to bring this issue back to the Council for possible clarification. With respect to the landscape treatment. he pointed out that their landscape architect and site planners have reviewed the proposed corner treatment in view of the comments and discussion that occurred at the Planning Commission meeting. and they are prepared to move the whole landscape design back a minimum of 30' from the corner of the intersection. In addition. he commented that it might not be possible to change the dimensions or location of the gasoline monitoring station. which they understand will be in place for approximately two to five years. but this is viewed as a temporary condition. Volume 44 - page 126 PCA 705 Villa Pt Ary OF NEWPORT B*CH COUNCIL MEMBERS d ALL April 23. 1440 =uf-] In answer to Council inquiry regarding the proposed landscaping and watering maintenance. Mr. Dmohowski commented that the long-term maintenance and limitations on water supply have been taken into account. He added that this particular landscape program does emphasize pines and other types of larger scale foliage which is more drought tolerant. and at the suggestion of Mayor Pro Tea Sansone, stated that The Irvine Company would be glad to work out zone type of arrangement with the Newport Beach Country Club for the use of reclaimed water. Mr. Dmohowski stated that they are not opposed to going back to the Planning Commission for review of the proposed landscaping changes, but it would be important to The Irvine Company to get some type of 'approval in concept` at this time for the subject project, so that they can file an application with the Coastal Commission. He added that any changes that eight result from further Planning Commission or City Council review could be incorporated into the project at a later time.. David McMahan. Project Manager for Regis Contractors. addressed the Council in response to the clean up of the Mobil Oil Company. stating that the 25' x 25' area that is required for the clean up facility will be housing equipment chat could be as high as four to six feet. The Public Works Director presented. for Council consideration. some additional language for Condition No. 15. as follows: 'It is the intent of this condition that the landscaping and grading design and wall relocation be configured to provide maximum public views from Coast Highway.' Barbara Tappan. 1007 Dolphin Terrace, addressed the Council regarding the EIR and Traffic Study. stating that her home is subject to additional noise and traffic from the proposed project. as she lives in the second house down from the triangular tip at the intersection of Pacific Coast Highway and Jamboree. She stated the statistics indicate that there is going to be more noise. more stop and go at the intersection. and more cars because of the expansion by CalTrans. and she is requesting that a wall be continued around the corner for at least two houses to, mitigate the noise. Volume 44 - Page 127 PCA 705 Villa Pt �- *).TY OF-NEWPORT PACH coiwetL R mems .....r, 91 Haan MINUTES rrrr: A-3 i Pat Temple. Senior Planner. upon Council PCA 705 invitation. presented the following Fills Pt information in response to Ms. Tappan•s concerns: The reference by Ms. Tappan to ' page 4-3 of the Traffic Study represents ICU traffic service levels at intersections, and this particular project does not raise the ICU at the intersection of Coast Highway and Jamboree. The Improvement project at this intersection is not complete and most of the traffic lanes are temporary and substantially closer to the curbs than they will be in the ultimate configuration. and in fact. the cars are much closer to Ms. Tappan's home than they were before. As indicated in the Traffic Study. the project itself adds very little traffic to the intersection. and the project in itself is not causing the noise impact. At some point in time, after the intersection improvement is completed. the Council might want to look at this particular side of Irvine Terrace for some additional study. Based on all the information and substantiating technical studies in the £IR. this project is not causing an adverse noise impact onto the adjacent neighborhood. At the concurrence of Council Member Turner and Mayor Pro Ten Sansone, it was suggested that this particular location be studied after the completion of the improvements. and the results brought back to the Council. However, the study should be Independent of the subject project, as there is no ICU impact related to the Villa Point Planned Community Project. It was added that the improvement project at Coast i Highway is a CalTrans project, administered by the City. i '. Linda Buckley. 1001 Dolphin Terrace. addrossod the Council, stating who. too. lives near the corner of Coast Highway and Jamboree, and that a noise Mall was built for her home. as the noise level had been exceeded at that point in time. i After it was determined that no one else s wished to speak to this project, the public hearing was closed. The Public Works Director suggested additional clarifying language for Condition No. 15. which is being incorporated in the final Conditions. Volume 44 - Page 128 • : *ry-OFNEWPIORT B&CH COUNCIL INEMIKRS 4. Din L L CALL 9 April 23. 1990 s Notion i i MINUTES Notion was made to approve the project as recommended by the Planning Commission and (a) Ado t Resolution No. 90-34 accepting. approving and certifying Final Environmental Impact Report No. 146; (b) Hake the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; (c) Find that the facts set forth n t e Statement of Overriding Considerations are true and are supported by substantial evidence in the record. including the Final Environmental Impact Report; (d) With respect to the project. find that although the Final _Environmental Impart identifies certain unavoidable significant environmental effects that will result if the project is approved. the mitigation measures identified shall be incorporated into the 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 the Statement of Overriding Considerations. giving greater weight to the unavoidable environmental effects. are acceptable; (e) P dop Resolation NO. 90-95, approving an amendment to the villa Point Planned Community District Regulations and Development Plan. with the changes recommended by the Planning Commission; (f) Approve Tentative Map of Tract No. 14055 with the findings and subject to the conditions suggested by the Planning Commission; volume 44 - Pogo 129 PCA 705 Villa Pt Res 90-34 iRes 90-35 i t.'TY OF NEWPORT 11.'ACH COUNCIL 1AEUBMS 9� A r'_ ftAt AprLL 23, .1290 . MINUTES (g) Sustain the action of __the_ Planning ComaisslLon. and apprava. Traffic p Study No, 63 and Coastal Residential Develox!snt Permit No. 17;—and (h) Apprave_modification ___to _ Condition_ No, __ 2,_ Page 3 __of. staff report: -The affordable units provided shall be affordable to moderate income families if the units are for sale; or to low income families based on (using Health and Safety Code Section 50093 Income standards) at Section 8 fair market rent if the units are rented by the applicant or successors in Interest. in accordance with the provisions of the Newport Beach Housing .Element. Preference shall be given to Section 8 certificate or voucher holders. The City shju support The Irvine the QCR& 101 rent exception:.' And additional _language to_ Gondl%ion__ No.. _ 15 of the ua_ Envirgreptak Impact,. No; 146,_4s._f9llQws;_ Volume 44 • Page 130 IPU 705 Villa Pt STY,OF NEWPORT �ACH N11N MS -motion Ayes Noes Ayers Hoes x ril 23. 1990 Council Member Watt made a substitute notion with all of the above, except that four (4) units (at the southwest corner) be eliminated or repositioned, so as to accommodate the placement of a noise wall the furthest northeast toward the garage locations. and thus enhance the view and accommodate the clean up and the internal open space. Dave Dmohowski. upon invitation by the Council. approached the podium and stated that The Irvine Company would be opposed to the foregoing motion. as eliminating any further units would have a significant Impact on the project, and the intended result would give no real benefit to the view of the Bluffs through the nay. x x x After further discussion. the substitute x x x motion made by Council Member Watt was voted on. resulting in a tie -vote. and theraforo. the+ motion FAILED. x1 x I x I x 1 x x The notion made by Council Me bo vas voted on and carried. Mayor Plummer advised that a representative from the California Department of Forestry was in the audience, and presented the City with a special "Tree Cit7" f1s9. and a Plaque; ".... the Division of Forestry for the State of California and National Arbor Day Foundation proclaims that the City of Newport Beach is recognized for their dedication and pioneering spirit to the better management of their City forests.... meeting the: minimum standards of having a legally constituted 'Tree Board.' or Department, a community tree ordinance. a comprehensive community forestry program supported by a minimum $2 per capita, and en Arbor Day Proclamation and public tree planting ceremony. and having met these four standards the City can take its place of honor as the fourth City in Orange County to proudly fly a 'banner as a 'TRIM CITY. U.S.A.'" 2. Mayor Plummer opened the public hearing arding GENERAL PLAN A?lMMENT 50. 89- 2( - A request of Todd Schooler and Steve licClu to amend the Land Use Element of the Gen al Plan so as to change the land designati of 1900 Vest Balboa Boulevard. on the north sterly corner of 19th Street and Vest Bel a Boulevard. in Cannery Village/McFadden care Specific Plan from "Retail and Service oesmercial' to "Multi - Family Residential;" d the acceptance of an Environmental Docume AND volume 44 - rage 131 PCA 705 villa Pt "Tree City U.S.A." CPA 89-2(D) 45/94 u 701WT Y Al OF NEWPORT LOACH M[wirris 11 23, 1920 KCAL COASTAL PROGRAM A»iDKENT NO. 18 - ReQuest to amend the Local Const+il Program Land Use Plan so as to change the land use designation from "Retail and Service Cossrarcial• to 'Multi -Family Residential;" AND Proposed ORDIROCE NO. 90-17. being. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 9 SO AS TO RECLASSIFY THE PROPERTY LOCATED AT 1900 VEST BALBOA BOULEVARD ON THE NORTHELSTERLY CORNER OF 19TH STREET AND WEST BALBOA BOULEVARD, FROM THE P-6 DISTRICT TO THE SP-6 (MFR) SPR ITRICT AND TO ESTABLISH ON THE D STRICTING MAP. 5 FOOT FRONT YARD S BACKS ON BOTH THE 19TH STREET AND W BALBOA BOULEVARD FRONTACES ( P ING COMMISSION A..4ENDMENr NO. 6881 AND SITE FLAP] VIEW NO. 55 - Request to approve a si a plan review so as to permit the construct on of a five unit residential condominium development and related garages. locat d on property to be rezoned to the SP-6 ( ) SPR DISTRICT; A.tiD NTATIVE NAP O F EFC7 N0. 14120 - Request subdivide tw existing lots into a single lot for a five unit residential condominium deve pment and related Wages. located on roperty to be rezoned to the SP-6 (MM SPA District. Report from the PlannQVg Department. The City Manager s razed the action taken by the Planning Co ission on March S. stating they app ved CPA 89-2(D); LCP Amendment No. 18. and proposed Ordinance No. 90-17 (PCA 88) by a 5 - 1 vote; adding that on Site Ian Review No. 55 and the Tentative Map of Tract No. 14120. (showing the method ich the area would be subdivided) they ti on a three to three vote. and made n conclusive decision with respect to reco endations, but following the failure on th tie vote. they unanimously voted to rec end the subject items to the City Council. Some of the Planning Commissioners expre ad that the tie vote was the result of t e size. shape and limited access to the p operty which made the site unsuitable for many as five residential condominium uni . He advised that this is a five unit residential condominium project; Cher are two lots on -which currently a 11 restaurant is located and will t* :crn wn and removed. and the General Plan change Volume 44 - Page 132 LCP Amnd! 18 Ord 90-17 Zoning {PCA 688 ITMpT 14120 WAL FINDINGS AND CONDITIA FOR TRAFFIC STUDY No. 63, AMENDMENT NO. 705, TENTATIVE TRACT MAP NO. 14055 AND COASTAL RESIDENTIAL DEVELOPMENT NO. 17 AS APPROVED BY CM COUNCIL ON APRIL 23, 1990 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy, 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Rcpon, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance in all areas, and that the only remaining environmental effect% arc significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. Mitigation Measures, 1. Development of the site shall be subject to a grading permit approved by the Building and Planning Departments. 2. The grading permit shall include a description of haul routes, access points to the site, and a watering program designed to minimize the impacts of haul operations. 3. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department prior to the issuance of the grading permit. A copy of the plan shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 4. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the grading engineer. 5. Grading shall be conducted In accordance with plans prepared by a civil engineer Incorporating the recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the 'Approved as Built" grading Final Findings and Covions Regis Contractm 1100 Fast Coast Highway Page 2 plans shall be furnished to the Building Department prior to the issuance of building permits. 6. Recommendations included in the Geotechnical Report shall be Incorporated into project design where appropriate, The Building Department shall verify the application of the appropriate recommendations prior to the Iwiance of grading permits. 7. The velocity of concentrated runoff from the project site shall he evaluated and erosive velocities controlled as a part of project design. g. Prior to the 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 such a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. '11d% shall be reviewed and approved by the Building Department. 9. The development ,shall provide for vacuum sweeping of parking areas. 10. 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 materials. 11. Should fossils be discovered during grading operations, the landowner shall donate the fossils collected to a non-profit institution. 12. Existing on -site drainage facilities shall be Improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water, sewer, and storm drain for on -site Improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. 13. A landscape plan, prepared by a licensed landscape architect, shall be submitted which includes a maintenance program that controls the use of fertilizers and pesticides. The plan shall be reviewed by the Parks, Beaches and Recreation Department and approved by the Planning and Public Works Departments. Prior to the issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 14. Landscaped areas shall be irrigated with a system designed to avoid surface run- off and over -watering. Final Findings and Colons • Regis Contractors 1100 East Coast Highway Page 3 15. The landscape plan for the corner of East Coast Highway and Jamboree Road shall be reviewed by the Planning Commission prior to the issuance of the Building Permit. That one of the issues to be addressed would be the grade elevations at the intersection. It is the intent of this condition that the landscaping and grading design and wall relocation be configured to provide maximum public views from the Coast Highway. The wall shall be located as near to the southwesterly line of the sewer easement as is practical, consistent with the need to provide for the necessary gasoline clean up facilities on the trite. 16. Development shall be in substantial conformance with the appr(Ned site plan, floor plans and elevations, 17. The project shall be designed so as to eliminate light and glare spillage onto adjacent properties. lh. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 19. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 20. Street signs, tables, benches, planters, and other similar features on -site or adjacent to the project site shall be designed with a common theme compatible with the overall architectural style of the project. The design shall be approved by the Planning, Public Works, and Parks, Beaches and Recreation Departments prior to the issuance of an occupancy permit. 21. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation improvements. 22. The project shall provide for the reservation of right-of-way for the potential future grade separation of East Coast Highway and Jamboree Road as called out In the City's General Plan. 23. Construction activities will be conducted in accordance with Section 10.28.040 of the Newport Beach Municipal Code, which limits noisy construction actIvities. 24. Any mechanical equipment and emergency power generator shall be screened from view, and noise associated with said facilities shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a registered engineer practicing in acoustics and approved by the Building Department. Final Findings and Colons • Regis Contractors 1100 East Coast Highway Page 4 25. All exterior living areas (e.g. balconies and patios) which lie within the 65 CNEL contour shall be constructed with 6 foot high noise barriers. The noise barriers shall be continuous (no openings or gaps) and have a minimum density of 3.5 pounds per square foot. The walls may be stud walls with cement plaster exterior, 1/4 inch plate glass, 5/8 inch plexiglam, any masonry material, or any combination of these materials. Wood and other materials may be used If specifically designed as noise barriers. 26. All units exposed to exterior noise levels higher than 65 CNEL shall be constructed to achieve interior noise levels no greater than 45 CNEL Prior to issuance of a building permit, a registered engineer practicing in acoustics shall review final architectural plans to determine what building upgrades will be necessary to achieve this standard. The Building Department shall require that such upgrades be incorporated into the plans prig to the Issuance of the building permit. Most likely the only building upgrade that will be required is higher rate windows such as 3/16 inch single pane glass for all windows that are exlxned to Exist Coast Highway and Jamboree Road, 27. Prior to the issuance of the occupancy permit, the Building Department shall require that an acoustical analysis be conducted by a registered engineer practicing in acoustics (at the developer's expense). This analysis shall determine if all noise mitigation has been Installed as required and that noise levels will meet City standards. The noise measurements shall be taken at that point in the worst case unit where the highest noise levels are expected. If different noise attenuation methods are used for different units, then a worst case unit for each method shall be tested. 28. A dust control program in compliance with South Coast Air Quality Management District Rule 403 shall be implemented during demolition, excavation and construction. This program shall include such measures as: containing soil on - site until it is hauled away, periodic watering of stockpile soil, and regular vacuum sweeping of streets used for the haul operation to remove accumulated material. 29. Prior to the issuance of building permits, the Fire Department shall review the proposed plans to determine the adequacy of emergency access. The Department may require indoor fire protection features, such as overhead fire sprinklers, if it determines that such measures are necessary to provide adequate fire protection. 30. Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. 31. All onsite fire protection (hydrants and Fire Department connections) shall be approved by the Fire Department and Public Works Department. Final Findings and Coition • Regis Contractors 1100 East Coast Highway Page 5 32. The applicant shall install an Opticon device in the Back Bay Drive/Jamboree Road signal. 33. Final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water -using devices. This shall be verified by the Building Department prior to issuance of occupancy permits. 33. Prior to issuance of building or grading permits, a master plan of water and sewer facilities shall be prepared for the site. The applicant shall verify the adequacy of existing water and sewer facilities and construct any modification of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities. 34. Prior to the occupancy of any building, the applicant shall provide written verification from the Orange County Sanitation District that adequate sewer capacity is available to serve the project. 35. Prior to the approval of the final tract map, the applicant shall consult with the City of Newport Beach Public Works Department and M'D regarding the provision of a bus stop and related amenities (i.e., shelter, bench) along East Coast Highway adjacent to the project site, and shall install any facilities determined to be necessary by the City and OCTD. 36. The applicant shall contribute a fair share contribution to the schools, if required by the school district. 37. The project shall provide recycling bins in the trash disposal areas for the voluntary recycling of newspaper, aluminum and glass. The project shall also provide a mechanism for the collection and recycling of items disposed of in this manner. Subject to the approval of the Planning Department and General Services Department, this program may be substituted for one which accomplishes recycling without source point sorting. B. TraMc Study No. 63. Finding: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary -modified, or primary street. • Final Findings and Colons Regis Contractors 1100 East Coast Highway Page 6 Adopt Resolution No. 1220, recommending adoption of Amendment No. 705 to the City Council. 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. Conditions: 1. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling 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. S. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the design of the private streets and drives conform with the City's Private Street Policy (LG4), except as approved by the Public Works Department, The private street clear width from Back Bay Drive to the Parking Court shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. That the private street be widened at the southwesterly corner of the development to provide adequate turning movement for trucks and that the curb return at that location have a minimum 25' radius. Final Findings and Conditions • Regis Contractors 1100 East Coast Highway Page 7 7. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer, 8. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 9. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 10. That easements for public emergency and security ingress, egrens and public utility purposes on all private streets be dedicated to the City and that all casements be shown on the tract map. 11. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 12. That all vehicular access rights to East Coast Highway and Jamboree Road be released and relinquished to the City of Newport Beach. 13. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 14. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuing any grading or building permits or recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 15. That County Sanitation District fees be paid prior to issuance of any building permits. 16. That the Public Works Department plan check and inspection fee be paid. 17. That any Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L Final Findings and Coptions Regis Contractors 1100 East Coast Highway Page 8 18. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall be stored within the East Coast Highway or Jamboree Road right-of-way. Prior to issuance of any Grading Permits, a parking plan for workers must be submitted and approved by the Public Works Department. 19. That the trash enclosures be located so that they do not restrict vehicular sight distance. 20. That sidewalk connections be made between Back Bay Drive and East Coast Highway and between the Jamboree Road/Coast Highway Intersection and the westerly corner of the tract improvements. 21. That the footings on the proposed structures adjacent to the existing County Sanitation Sewer Main be deepened so that excavation of the existing sewer main using a one to one (1:1) slope from bottom of existing sewer will not under -cut the footings of the proposed structures. 22. That no mounding or rills be placed over the Sanitation District Sewer Easement and that the landscaping plan in the sewer easement area be approved by the Orange County Sanitation District with no trees or plants larger then 6 feet in height at full growth. 23. That an irrevocable offer to dedicate street right-of-way for a future grade separation at Jamboree Road and East Coast Highway be offered and shown on the tract map. The area is as generally shown on the tentative map; the final configuration is to be approved by the Public Works Department. 24. Deleted. 25. A traffic control plan shall be prepared showing all signs and markings including iire lanes. 26. The project shall pay in -lieu park fees pursuant to Chapter 19.50 of the Newport Beach Municipal Code. This fee can be satisfied through the use of existing park dedication credits generated by the dedication of the Mouth of Big Canyon and Bonita Creek Park. Final Findings and Antions • Regis Contractors 1100 East Coast Highway Page 9 E. Coastal Residential _Development Permit No. 17. Wig: 1. That the proposed development has met the requirements of Chapter 20.69 of the Newport Beach Municipal Code. Conditions: 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, the form and content of which is acceptable to the City Attorney and the Planning Director, which guarantees the provision of eighteen affordable dwelling units on -site or off -site within the City, subject to the mutual agreement of the City and The Irvine Company. The affordable housing agreement shall be recorded as a deed restriction against the property. 2. The affordable units provided shall be affordable to moderate income families if the units are for sale; or to low income families based on family size (using Health and Safety Code Section 50093 income standards) at Section 8 fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. Preference shall be given to Section 8 certificate or voucher holders. The City shall support The Irvine Company's request for the OCHA 100/c rent exception. 3. The term of affordability shall be twenty years. 4. If it Is proposed to provide the affordable housing units off -site within the City, the affordable housing agreement shall include provisions regarding the timing of the affordable units in relation to the occupancy of this project.