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HomeMy WebLinkAboutCDP_018OOaSTAL RESIDENTIAL DEVELOP . COLNCTL POLICY P-1 H CM or NI3MRT BEAM _ iSatiionF � b 1 PLhVXM DEPAATNEW ? ... CU300M PLANbiING DIVISION " 3300 llevport Boulevard Newport beach, CA 92663 '+J (714) 640-2218 or 640-2219 Awlieant (Print) N/R KARINA PARTNERS phone (714) 675-9844 hailing Address 2800 LAFAYETYE AVENUE, NEWPORT BEACH, CA 92663 Property Owner N/R MARINA PARTNERS _ Phone (714) 675-9844 Mailing Address 2800 LAFAYETTE AVENUE. NEWPORT BEACH, CA 92663 Address of Property Involved 2602, 2616, 2618, 2620, d 2622 NEWPORT BLVD., NEWPORT BEACH, CA Legal description of Property Involved (if too long, attach separate sheet) SEE ATTACHED EXHIBIT "A•' - Description of the Proposed Project THIS IS A PROPOSED MIXED USE PROJECT CONSISTING OF TWO (2) -- THREE (3) STORY BUILDINGS. THE GROUND FLOORS WILL BE FOR COMMERCIAL USE AND THE Y" BE FOR RESIDENTIAL USE. number of Units 36 YE.SIDM1TIAL UNITS •ffffRr�Rrf�ffeffffRfRRfRRRRRRRRf•rrrrrr�rrfrwwwrrrrrtwrwwrwwrrrwfrwwrwrwrrwrrrwrrrrrrwwwwww Please attach a statement indicating the proposed selling price of the units, the anticipated cast of developing the proposed project and any other information that could affect ,the feasibility of providing low/moderato income units in conjunction with the proposed project. •*RRRRRfwRfRfR#rRR#rrRr�rRfrrrrrr�rf#rrrrrr:rrrwrrrwrwrrwrrrrrrrwrwrwr.ww.w.wwww.■wrrwwwwrww M We) N!R Marina Partners depose and say that (I an) (we are) the owner(s) of the property(iss) involved in this application. (I) (lie) further certify, under penalty of perjury, that the foregoing statements and answers bsrein contained and the informtion herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. n _,, .A r Sigmture (s) Pd1fl T. Newcomb, President, Newcorb • oartner f N/R Marina Partners ti0?Le An agent spy sign for the owner if written authorization from t-.e reccrd owner is filed with the applicant. Date Filed & n't 1 Planning Director Action DO NOT COMPLETE APPLICATION BELOW THIS LINE Pee Pd. T �' T 0 Q Receipt No. Date Appeal P.C. hearing, /eo,' -- -S -, 0 : - -- Date C.C. Nearing, /l' -c --r P.C. Action•- Appeal i C.C. Action Inc. Date 11L:.t4 - 4 ��1♦ u 1 II 1.'I",'11� tiC*0.00 TCTL FINAL FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL IMPACT REPORT NO. 144 SITE PLAN REVIEW NO. 52 USE PERMIT NO. 3361 TRAFFIC STUDY NO. 59 TENTATIVE MAP OF TRACT NO. 14025 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO, IN 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CI?QA), 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 except short term noise impacts. 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. 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 issuar= of building permits. 5. Recommendations included in the 1989 South Coast Geologic Services, GeotechnicaI Report and the subsequent study required in mitigation measure no. b 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. 6. A supplemental subsurface investigation shall be performed subsequent to demolition of the existing buildings to obtain subsurface data in those arcm inaccessible during previous studies. 7. The groundwater level shall be lowered to a depth at least five feet beneath the excavation bottom. The dewatering system shall be designed and performed by qualified engineers with previous experience in this type of construction. Selection of the engineer shall be approved by the City Engineer prior to the issuance of grading permits. 8. The upper ten feet of soil material shall be removed. Remaining soil to a distance at least five feet below and beyond the proposed structure shall be densified as described in the Geotechnical Report as verified or amended by subsequent subsurface investigation. 9. A detailed preconstruction survey shall be prepared to document the present condition of all building and facilities within the zone of influence of the dewatered investigation. Photographs, crack surveys, and installation of a reference benchmark beyond the zone of influence shall be included in the preconstruction survey. Areas within at least 30 feet of the proposed excavation shall be monitored for any settlement and lateral movements due to possible deflection of the shoring system. Groundwater observation wells within the zone of influence shall be installed. The specific parameters of the study shall be provided to the City Engineer for review prior to issuance of the grading permit. 10. If found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an agreement and post a bond guaranteeing the repair of the public street system, utilities or other public property that might be damaged during the dewatering excavation process and the construction of subterranean improvements. 11. If found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an agreement and provide a policy of insurance guaranteeing the repair of all damage to private property caused by the dewatering excavation process and the construction of subterranean improvements. 12. Prior to the issuance of grading permits, a National Pollution Discharge Elimination System (NPDES) Permit shall be obtained from the Santa Ana Regional Water Quality Control Board Water extracted from dewatering wells shall meet current Environmental Protection Agency requirements prior to discharging into the day. If necessary, the water shall be desilted prior to discharge. 13. Light construction equipment shall be used for earthwork operations. No heavy equipment shall be used. 14. 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. 15. 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. lh. Landscaped areas shall be irrigated with a system designed to avoid surface run- off and aver -watering. 17. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. 18. Suspended solids (e.g. sand) shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the Public Works Department and the Grading Engineer. 19. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. 20. Drainage facilities and architectural features shall be designed to prevent runoff from entering the garage structure, keep the garage floor slab dry from seepage, and remove oil and grease from runoff prior to discharge into the public storm drains. Verification of these design features shall be made by the City Engineer prior to the issuance of building permits. 21. Six (6) inches shall be added to the bulkhead cap to bring it to an elevation of nine feet above mean low water as required by the Cannery Village/McFadden Square Specific Plan. 22. Prior to demolition of existing structures, a complete plan for litter and debris control for the demolition, grading, and construction phases to ensure that no debris is permitted to enter Newport Harbor shall be approved by the Planning and Marine Departments. 23. If the applicant intends to use an ocean disposal site for excavated materials, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits from the Army Corps of Engineers and the City of Newport Beach have been obtained. Such evidence shall be submitted to and verified by the Public Works Department prior to the issuance of a grading permit. 24, Development shall be in substantial conformance with the approved site plan, floor plans and elevations. 25. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 26. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 27, 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. 28. Existing overhead utilities on the project side of Newport Boulevard, 26th Street and 28th Street shall be put underground to the satisfaction of the Public Works Department. 29. 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. 30. 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 prior to the issuance of demolition, grading or building permits, 31. No construction storage or delivery of materials shall be allowed within the Newport Boulevard right-of-way. 32. Prior to the issuance of grading permits, a parking plan showing how workers will be able to park without using on -street parking must be submitted and approved by the Public Works Department. 33. No earthwork hauling operations, major concrete placement and other construction operations requiring more that 32 trips per day or 4 trips per hour by trucks with more than three axles may be scheduled to occur between June 1 and September 15, and one week before or after Easter. unless otherwise approved by the Public Works Department, 34. Construction staging, materials storage, and worker parking shall be provided on the adjacent site owned by the applicant which is located on the northwest corner of 28th Street and Newport Boulevard. 35. 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. 36. The applicant shall apply for a waiver of City noise abatement regulations to allow for dewatering and pouring of the basement slab. The continuous concrete pour shall be scheduled on a non -summer weekend outside of the peals traffic period. 37. 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. 38. At the time the City removes the requested waiver of City noise abatement regulation to allow for dewatering and pouring of the basement slab, the City Engineer shall determine if it is necessary to require barriers or baffles to reduce noise from construction equipment so as not to exceed 55 dBA at the property lines. if required, the developer shall install such measures prior to beginning any activities for which a waiver was not granted. 39. 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, y-6 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. 40. 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 Newport Boulevard. 41. All units that have a window exposed to Newport Boulevard shall be required to install mechanical ventilation. Air conditioning is an acceptable substitute for mechanical ventilation as long as it meets Uniform Building Code requirements. 42. 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 devclopeds 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 curie 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 Aliull be tested. 43. Pouring of the basement slab shall be scheduled to encompass only one nighttlme period. The schedule for any continuous concrete pour shall be reviewed and approved by the City Engineer. 44. Electric pump motors shall be required for dewatering equipment to reduce noise levels. 45. 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, anti regular vacuum sweeping of streets used for the haul operation to remove accumulated material. 46. A fan -assisted ventilation system shall be installed in the venting system for the subterranean garage for use in peals periods when natural ventilation is not sufficient. 47. All residential units and commercial/office uses shall be provided with central air conditioning. 48. 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. 49, Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. 50. 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. 51. 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. IMe master plan shall include provision for the relocation of existing water and sewer facilities. 52. A bus turnout shall be incorporated into the project design to provide facilities at the existing bus stop on Newport Boulevard south of 28th Street. The area adjacent to the turnout shall include a paved waiting area with a bus shelter or bench. Design of the turnout and amenities shall be approved by the Planning and Public Works Departments prior to the issuance of building permits. 53. A paved, lighted, and handicapped accessible pedestrian accessway shall be provided from the project to the bus stop. Site -Plan RevigN No. 52, �'J�11deng3: 1. That the proposed site plan gives due regard to the aesthetic qualities of the harbor. 2. That the site does not contain any unique landforms such as coastal bluffs. 3. That the development is compatible with the character of the neighborhood and will contribute to the orderly and harmonious development of surrounding properties and the City. 4. The development is sited and designed to maximize public views through the site, S. That there are no environmentally sensitive areas on -site. 6. The property does not contain any areas of unique geologic hazards. 7. Residential development shall meet City noise standards. 8. The site plan and layout of buildings, parking areas and pedestrian and vehicular access are functional in that there will be a minimum of commercial/residential conflicts. 9. The development is consistent with the General Plan, the Loral Coastal Program, Land Use Plan and the Cannery Village/McFadden Square Specific Area Plan. 10. Mechanical equipment and trash enclosures are concealed from view. 11. That there are no archeological of historical resources on -site. 12. That the site is not adjacent to any residential district. ConditioDs: 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans and elevations, except as noted below. 2. That all mitigation measures, and conditions of approval for Use Permit No 3361, Tentative Map of Tract No, 14025 and Coastal Residential Development Permit No. 18 be fulfilled. 3. That one parking space be provided for each 250 sq.ft. of commercial or office development, .75 parking space be provided for each boat slip, and 2'h parking spaces be provided for each dwelling unit. 4. The access to the subterranean parking shall be a minimum of 26 feet clear width. 5. That upland use must accommodate needs of the marina as required by City Council Harbor Permit policies, specifically those which deal with parking, safety and sanitation. b. The surface lot shall be redesigned to provide turn around area for all spaces within the lot. 7. The driveway shall conform to Std 110-L for sight distance. 8. On -site parking and access for pedestrians and vehicles shall be subject to further review and approval of the City Traffic Engineer. 9. A 10 foot area of the drive with a slope not to exceed 2% shall be provided at the back of sidewalk. 10. A plan to accommodate delivery vehicles shall be reviewed and approved by the City Traffic Engineer. 11. This application shall not be deemed approved until the effective date of Amendment No. 689. C. Use Eermit No. 3361. Eindingx 1. That the development provides for both public physical and visual access to the bay. 2. That the increased height results in more public visual open space and views that would result from compliance with the basic height limit, since the project design includes an open space plaza which is a minimum of 100 feet wide from Newport Boulevard to the Bay, and approximately 55%a of the site is used for open space. 3. The increased building height results in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment since the open space plaza integrates the project with the visual amenity of Newport Bay, and the variation of the facade minimizes the visual impact of the structures. 4. The increased building height does not result in undesirable or abrupt scale relationships between the structure and existing developments or public spaces. 5. The increased height does not result in floor area exceeding that otherwise permitted. 6. That incentive uses are provided by the development which allow the establishment of general office and commercial uses. 7. That the proposed commercial space constitutes a significant portion of the development. S. That the proposed commercial development is large enough to accommodate viable business. 9. The approval of Use Permit No. 3361 will not, under the circumstances of this rase, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 1. "That the proposed development shall be in substantial compliance with the approved plot plan, floor plans and elevations. 2. That the characteristics of the open space plaza be maintained, including the 120 foot dimension on Newport Boulevard, the minimum 100 foot clear width at ground level, and the minimum 50 foot clear width at the second and third levels. 3. That any fences or protective rails required for parking structure stairwells within the open space plaza be visually open. 4. That the building shall be no higher than 35 feet, subject to the provisions of the Cannery Village/McFadden Square Specific Plan in regards to the ground floor elevation and in accordance with the definitions contained in Section 20.87.205 of the Newport Beach Municipal Code. 5. That incentive uses shall be provided if general commercial or office uses are provided on site. The split between incentive uses and uses which can be developed only upon the provision of incentive uses is 40% incentive use and 60% use which requires incentive. Prior to the issuance of any grading or building permits for the project, the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, agreeing to the provision of required incentive uses. 6. Should the final design of the project result in the loss of on -site parking, the commercial component of the project may be reduced, but may not be less than 20,000 sq.ft. 7. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Reach Municipal Code. 9. That a Coastal Development Permit be issued prior to the issuance of a building permit. 10. This application shall not be deemed approved until the effective date of Amendment No. 689. 11. That commercial charter boat operations be prohibited on the project site. 12. That the parking provided for commercial and marina land uses be available at no charge for employees and customers. 13. The property owner shall provide on -site receptacles that will permit residents to recycle aluminum, glass, and newspaper, and arrange for pickup of recyclables on a timely basis. D TraMc-Study. No. 59, Fines 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. E. Tentative Map of Tract No. 14025, Findingsv 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 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. 3. That Section 13.05,010 of the Newport Beach Municipal Code requires that public improvements be completed In commercial areas prior to the Issuance of building permits for a new structure. 4. That the traffic congestion during the summer months (.tune 1 through September 15) and during Faster Vacation (one week before and one week after Easter) is significant and any major truck haul operation during this time would further congest the traffic to an unacceptable level. 5. That this area has significant pedestrian traffic and sidewalks need to remain open during construction operations. 6. That the development is on a bus route and that it should encourage bus use by providing convenient access to a bus stop for its residents and patrons. 7. 'mat the proposed project is consistent with the Newport Beach C',eneral Plan and the Local Coastal Program, Land Use Plan. 8. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the design of the subdivision, 9. That the proposed subdivision presents no problems from a planning standpoint. 1. That a final map be recorded I'liat the final map be prepared so that the bearings relate to the State Plane Coordinate System and that elevations of all lots be shown along with the bench mark datum. 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 floor of each building of the subject development shall be served with separated sewer laterals unless otherwise approved by the Public Works Department. The commercial and residential portions of the development shall be served with separated sewer laterals and water services. 5. That the on -site parking (both subterranean and surface parking), vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. That the parking structure have a minimum entrance elevation of 9.00 MLLW (6.27 MSL) at all entrances to prevent flooding from high tides. 6. That the intersection of the private drives and streets be designed to provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls, structures and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 7. That a 20 foot radius corner cutoff at the corner of 28th Street and Newport Boulevard and 15 foot radius corner cutoffs at the corner of Newport Boulevard and 26th Street and at the corner of 28th Street and Lafayette Avenue be dedicated to the public. H. That curb, gutter and full width sidewalk be reconstructed along the Newport Boulevard frontage; that any deteriorated sidewalk or curb and gutter that does not drain be reconstructed along the 26th Street frontage; that the curb returns at the intersection of 26th Street & Newport Boulevard and the intersection of 28th Street & Lafayette Avenue be reconstructed to a 20 foot radius including curb access ramps per City Standard 181.1, the power pole and catch basin on the corner of Newport Boulevard and 26th Street will require relocation; that the unused drive aprons be removed and replaced with curb, gutter and sidewalk along the 28th Street, Newport Boulevard and 26th Street frontages; that the depressed section of sidewalk on 28th Street adjacent to the bulkhead be reconstructed; that new street lights be constructed per current city standards :Tong the 28th Street, 26th Street, Newport Boulevard and bay frontages; that the existing 16 inch water main crossing the property be reconstructed in the adjacent streets to the satisfaction of the Utilities Department prior to issuance to any grading permits; that the existing sewer running through the subject property be abandoned and removed or filled with slurry; and that all street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 9. That the existing utility easement crossing the existing property be abandoned after removal of utilities. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 11. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.LLW. (6.27 MSL). That the existing bulkhead tiebacks be maintained until an approved alternate is in place or other provisions made to insure the integrity of the bulkhead. 12. That County Sanitation District fees be paid prior to issuance of any building permits. 13. That the Public Works Department plan check and inspection fee be paid. 7 14. That the Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L 15. 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 allowed within the Newport Boulevard right-of-way. Prior to issuance of any grading permits, a parking plan showing how workers will be able to park without using on -street parking must be submitted and approved by the Public Works Department. 16. That a 10 foot wide easement be granted to the city along the bay frontage so as to provide unobstructed public access across the entire project between 26th Street and 28th Street. Said easement shall be improved with lighting and a concrete sidewalk or other materials meeting the approval of the Public Works Department. Grate type drainage inlets will not be acceptable within the easement area without prior approval of the Subdivision Engineer. 17. That casements or agreements be provided for construction and maintenance of utilities where water, sewer and other utilities encroach into other lots, Ic; between Lots 2 and 3 where the floor surface for lot 3 is the proposed lot line, room for sewer lines to serve Lot 3 does not appear to be provided. 18. That a bus bay and shelter or bench be provided on the Newport Boulevard frontage with the location to be determined by the OCM and the Public Works Department. The shelter is to be outside the sidewalk area. An easement is to be provided to cover the additional area needed for the bus bay and sidewalk. 19. That no earthwork hauling operations, major concrete placement and other construction operations requiring more than 32 trips per day or 4 trips per hour by trucks with more than 3 axles be scheduled to occur between June 1 and September 15, and one week before and after Feaster, unless otherwise approved by the Public Works Department. 20. That underground building construction be setback from the sidewalk a sufficient distance to allow the sidewalk to remain in service during construction unless otherwise approved by the Public Works Department. That no tie backs or foundations be constructed in the public right-of-way. 21. That the overhead lines along Newport Boulevard and 28th Street be placed underground to allow the westerly 2 poles on Newport Boulevard and the 3 poles on 28th Street to be removed. Guy poles are excepted from this condition. 22. That an agreement for maintenance of non -Standard improvements be executed by the developer if special textured sidewalk or other non-standard improvements are proposed to be , constructed within the public right-of-way around the development. The design of all non-standard improvements must be approved of the Public Works Department. 1. That the proposed development has met the requirements of City Council Policy P-1. 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 four affordable dwelling units on -site or off -site within the City. The affordable housing agreement shall be recorded as 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 at 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. 3. The term of affordability shall be thirty 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 and performance bonding or other measures to assure the provision of the units within three years of the occupancy of this project as required by State law. �`C•ITY' & NEWPORT BEACH r iNurEs y. COUNCIL MEMBERS J►Gp �y9p��f C. october 30. 1489 INDEX RptL—CAtt. _ ring no one wisbing to address shed. Co il, the public hearing was Motion v made to introduce Ordinance Ord 89-32 motion x No. 89-32, d pass to second reading on All Ayes November 13. 89, being. i ORDINANCE THE CITY COUNCIL OF -AN THE CITY OF N T BEACH A►iMING SECTION 20.63.035 THE NEVPORT i BEACH MUNICIPAL CODE AS TO ALLOW NIXED USE RESIDENTIAL/C CIAL AND RETAIL LAND USES AS P `BITTED USES IN THE RECREATIONAL AND INE COte(UCIAL DISTRICT OF THE CAN. Y VILLAGE/MCFADDEN SQUARE SPECIFIC PLAN (PLANNING COMMISSION AMEN -ENT NO. 689). r Mr Strauss opened the public bearing 3361 F&T(City Council review of the following (8$) (8 applications of N/K MARINA PARTNERS. Newport Beach, on property located at t 2602-2620 Newport Boulevard. on the { southeasterly corner of 28th Street and p Newport Boulevard. in the Canner} Village/McFadden Square Specific Plan; zoned SP-6. t� SITE PLAN REVIEW NO. 52 - Request Site Pln to perasit the construction of a Rv 52 mixed -use residential/commercial development which includes two buildings containing 35 residential condominium unites and 22,500 sq. ft. of commercial floor area on r property located in the E "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area; and the acceptance of an Eenvironmental document; i AND B. USE PERMIT NO. 3361 - Request to pexxait the construction of a mixed -use residential/co=ercial development which exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District, which includes general commercial and office uses in conjunction with incentive uses. f and which has a commercial floor area ratio less than 0.25 on property located in the Volume 43 - Page 414 t i i Gp\ 0 I RTY-OF NEWPORT- 8 ACH 11.,.1M EMDERS . b CGp�'p' Sip of 9� \ ��►9 �� October 3U. 1989 "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area; AND C. TRAFFIC STUDY NO. 59 -- Request to approve a traffic study so as to permit the construction of a wixed-use residential/commercial development containing 35 residential units and 22,500 sq. ft. of commercial development; AND MINUTES INDEX D. TENTATIVE TRACT HAP NO. 14025 - Request to subdivide 26 existing lots into a vertical subdivision containing two lots for residential .condominium purposes, one lot for comercial and marina purposes, one lot for residential parking purposes. and one lot for commercial parking purposes, in conjunction with the construction of a mixed residential/commercial development containing 35 residential condominium units and 21.500 sq. ft. of commercial development. on property located in the "Recreational and Marine Commercial" are of the Cannery Village/McFadden Square Specific Plan Area; AND E. COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 18 - Request to approve a Coastal Residential Development Permit for the purpose of establishing�project compliance for a 35 unit residential condominium development pursuant to the Administrative Cuidelinew for the implementation of the Statc Law relative to lov- and Moderate - income Housing vithin the Coastal Zone. Report from the Planning Department. The Planning Director explained the five above -listed applications, and described the project as a 3-story project. 35 feet in height. and 2 stories of residential above a single -story of commercial. The residential cozpcnent Volume 43 - rage 415 rrfc Stdy 59 Tent Tr Hp 14025 i CRD Pr=t IS L . 0 _.CITY COUNCIL MEMWPIa OF NEWPORT B?ACH MINUTES October 30. 1989 contains 35 dwelling units for condominium purposes and 2,500 sq_ ft. of cosmercial space. The project ir. divided into two building groups, separated by a ground level corridor and has a aiaimum width of 100 feet between the buildings. On the second and third floors. above ground level. the window to the bay is reduced to approximately 50 feet. The open areas of the project are landscaped with turf. fountain. and seating areas. The open areas of the plan constitute 65% of the site. In addition. there is a walkway in front of the project which is 10 feet in width and is adjacent to the water. There are four residential floor plans varying in size from 1600 sq. ft. for 2 bedrooms to 1800 sq. f t. for 3 bedrooms. There will also be.four dwelling units developed off site on property across from this parcel which will be coming before the City Council at a future date. There will be 194 parking spaces provided. 88 spaces for residential at a ratio of 2� parking spaces per dwelling unit, and 106 spaces for commercial development. Including 16 spaces for a 21 slip boat siarins. Each of the parking areas is independently accessible, and 183 parking _spaces will be in a subterranean parking structure with 9 parking spaces on the surface. The City's regulations provide a floor area ratio of 1.6 x the buildable area of the site. The project is actually at .97 which indicates the project is substantially below the required floor area ratio. Since the approval of the Planning Commission, there have been some issues raised regarding charter,boat operations and charging a fee for commercial and marina parking, and as a.result of those concerns. two additional conditions of approval have been added prohibiting charter boat operations on the site and requiring the commercial and rarina parking to be provided at no charge. Further, there is also a concern with regard to refuse collection and the collection of recyclable materials. In this development, the residential units are located on the second and third floors of the project and the applicant is proposing trash chutes on each level where the trash will be deposited in duapsters for pickup. The trash storage areas for commercial and residential are Volume 43 - Page 416 UIr 3361 •NEWPORTi BEACH OF - W MUTES CptlAfCfLC %P C% 16L October 30. 1989 separate. and there may be a way in which the trash for the commercial component of the project could be segregated. Discussion ensued regarding recyclable materials and the collection thereof, wherein the City Attorney advised that if the Council desires. a condition of approval could be imposed requiring the applicant to comply with subsequent policy and ordinances concerning recyclable materials. inasmuch as the Council will be considering new regulations on this issue in the very near future. In response to Questions raised by Council Member Hart pertaining to the height of the structure and the width of the sidewalks, staff advised that the maximum height of the structure as shown on the plans is 38 feet at ridge line, with the average roof height at 35 feet. The sidewalk on 28th Street will be 8 feet in width, whereas the sidewalk on 26th Street will be either 5 or 6 feet wide. The floor area ratio is .97. John Newcomb. 1821 W. Bay Avenue. applicants addressed the Council and stated that he had met with many citizens groups and neighbors in the area regarding the proposed project; he felt the development would be an asset to the community, and concurs with the reco=cndation of staff. Regarding the recycling of trash, he is willing to designate an area where residents can voluntarily place their aluminum cans, newspapers, etc., and he will work with the appropriate entity for collection of same. Pertaining to the additional condition regarding free parking for commercial and marina use, he stated he would like to leave the commercial parking open and if it becomes a problem due to unauthorized use. (such as beach goers) then either a security guard or gate mechanism would be utilized; and to that extent he is willing to accept the condition to not charge for parking. He further stated he concurred with the condition prohibiting charter boat operations on the site. With respect to employee transportation to the site, he stated bicycle spaces will be provided in,the parking garage for those users. in addition there is an Orange County Volume 43 - Page 417 rP 3361 ~`? CITY- OF NEWPORT'.'BEACH C0WMIC1U?JdEU5ERS r�s i p iw ;�► GJ� October 30, 1989 Motion Transit District bus turnout at the property. There will also be four affordable rental units associated with the project for a period of 30 years. MINUTES Bearing no others wishing to address the Council. the public hearing was closed. Notion was made to approve the project as recommended by the Planning Commission. and: 1. Adopt Resolution No. 89-117. accepting. approving and certifying Final Environmental Impact Report No. 143; 2. Make the Findings contained in the Statomsent of Facts 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 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. ant 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; S. Approve Tentative Hap of Tract No. 14025 with the Findings and subject to the Conditions suggested by the Planning Commission; Volume 43 - Page 418 U/P 3361 IRes 89-117 0 C IT tOP NEWPORT�- BEACH C0U1ML NE1dMFtS cp cat ;'s9� October 30, 1989 All Ayes 6. Sustain the action of the Planning Commission and approve Site Plan Review No. 52. Use Permit No. 3361. Traffic Study No. 59 and Coastal Residential Development Permit No. 18. with added Conditions No. 11 and 12 on Use Permit No. 3361 prohibiting charter boat operations on the site and requiring the commercial and marina parking to be provided at no charge; and 7. Property owner shall provide on -site receptacles that will permit residents to recycle aluminum, glass. and newspaper. and arrange for pickup of recyclables on a timely basis. Council Member Watt emphasised her desire to have the Council consider. at some point in time, the issue of employee transportation in general. and participation in the Transportation Resource Center. Mayor Strauss commented that he felt this project was "well done;" however. he is concerned about the height of the structure and does not want this project to set a precedent for future projects on the waterfront. The staff reviewed again the proposed -view corridor. noting the minimum width of 100 feet on the ground level with a minimum of 50 feet on the second and third floors. it was also pointed out that the parking structure is all subterranean. There being no further comments, the motion was voted on and carried. Mayor Strauss opened the public hearing and City Council review of an APPEAL by AN D. VAhDERSL00T, H.D.. from the a royal by the Planning Commission on Sep mber 7. 1989. of TRAFFIC STUDY NO. 58 AN USE PERMIT N0. 3229 (AMENDED), request of Lee Kest, Newport Reach, to convert at approved employees' cafeteria into a rest rant facility. with on beer and wine, which will operate in conjunction wit an auto dealership located at 3000 W t Coast High% . on Volume 43 - Page 419 U/P 3361 U/P 3329 (88) Trf c Stdy 58 J R�CF1 y D � RESOLUTION NO. 89-117 Z=' NoV�E tt q,8� a A RESOLUTION OF THE CITY COUNCIL OF THE Cl ti `. OF NEWPORT BEACH G AS COMPLETE AND iT��� � ADEQUATE THE FINAL. ENVIRONMENTAL IMPACT REPORT :NO. 144' FOR THE 2VM STREET MARINA PROJECT WHEREAS, the Draft Environmental Impact Report No. 144 provided environmental impact assessment for the proposed 28th Street Marina Project; and WHEREAS, the DEIR was prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and Council Policy K-3; and review; and WHEREAS, the DEIR was circulated to the public for comment and written comments were received from the public during and after the review period; and WHEREAS, the' Planning Commission of the City of Newport Beach conducted a public hearing to receive public testimony with respect to the DEIR; and WHEREAS, such comments and testimony were responded to through Response to Comments and staff reports submitted 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 15058 (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 considers all environmental impacts of the proposed 28th Street Marina Froject and is complete and. adequate - 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 28th Street Marina Project; and WHEREAS, the City Council desires to approve the project; and r.� WHEREAS, the City Council by this Resolution adopts the Statement of _ . t__ . "£ Farts and-$tatement of Overriding Considerations as required by Sections 15091 and 15093 of ihe'- State', CEQA ' Guidclincs; and - Stcd6ii ' 2I0021 of. CEQA and Section 15no'_ of the State CEQA Guidelines require that the City Council make one or more of the following Findings prior to the approval 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 whicb 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 or 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. FINDING 3 - Specific economic social 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 Iessened all significant effects on the environment where fc='ble as shown in the findings under Section 15091, :.. (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 :ire acceptable due to overriding concerns as described in Section 15093; and WHEREAS. Section 15093 (a) of the State CEQA Guidelines requires the City 'Council to balance the benefits of a proposed project against its unavoidable environmental risks in determining wbether to approve the project; and Section 159M (b)of the State CEQA Guidelines requires, where the decision of the City Council allows the occurrence of significant effects which 2 -. are identified in the EIR but are not mitigated, the City must state in writing the reasons to support its action based on the EIR or other information in the record. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that: 1. The City Council makes 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 Facts is attached hereto as Exhibit 1 and incorporated herein by this reference us if fully set forth. 2. The City Council finds that the Facts set forth in the Statement of Overriding Considerations are true and supported by substantial evidence in the record, including the Final EM The Statement of Overriding Considerations is attached hereto as Exhibit 2 and incorporated herein by this reference as if fully set forth. 3, The City Council finds that the Final EIR has identified all significant environmental effects of the project and that there are no known potential environmental impacts not addressed in the Final EIR. 4. The City Council finds that all significant effects of the project arc set forth in the Statement of Facts, S. The City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the project is approved, all significant 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. 6. The City Council finds that potential mitigation measures and'project alternatives not incorporated into the project were rejected as infeasible, based upon specific economic, social and other considerations as set forth in the Statement of Facts and the Final EM 7. The City Council finds that the unavoidable significant impact of the project, as identified in the Statement of Facts, that has not been reduced to a Ievel of insignificance has been substantially reduced in impact by the imposition of Conditions on the approved project and the imposition of mitigation measures. In malting its 3 decision on the project, the Planning Commission has given greater weight to the adverse environmental impact The City Council finds that the remaining unavoidable significant Impact is clearly outweighed by the economic; social and other benefits of the project, as set forth in the Statement of Overriding Considerations. 8. The City Council finds that the Final EIR has described all reasonablealternatives to the project that could feasibly attain the basic objectives of the project, even when those alternatives might impede the attainment of other project objectives and might be more costly. Further, the City Council finds that a good faith effort was -made to incorporate alternatives in the preparation of the draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimates decisions on the project. 9. The City Council finds that the project should be approved and that any alternative to this action should not be approved for the project based on the information contained in the Final EIR, the data contained in the Statement of Facts and for the reasons stated in the public record and those contained in the Statement of Omrriding Considerations, 10. The City Council finds that a good faith 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 EIR. 1L : The City Council finds that during the public hearing process on the 28th Street Marina 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 recommendation of the Planning Commission in its decision on the project. NOW. THEREFORE, BE IT RESOLVED that the City Council does hereby certify the Final Environmental Impact Report No. 144 for the 28th Street Marina Project as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies Kith the requirements of the California Environmental Quality Act and the State CEQA Guidelines. Said Final Emiromnental Impact Report is comprised of the following elements: 1. Draft EIR and Technical Appendices 2 Responses to Comments 3. Planning Commission Staff Reports 4 4. Planning Commission Minutes 5. Planning Commission Findings and Conditions for Recommended Approval 6. City 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 1 through 8 above. All of the above information has been and will be on file with the Planning Department, City of Newport Beach, City Hall, 3300 Newport Boulevard, Newport Beach, California 92659-1768, (714) 644-3225. ADOPTED THIS 30th day of October _ 1989. ATTEST: . �"'"i/.i ..+ �" tea+ • PLT/WP50 ED\EIR 144.RS 1 5 0 0 Exhibit I 'y u I ►r J IZI yr : DO 7 r. 01 I► . ZI is ' . e! h :.,Ir . .. �� yft !r r ; Fod ; ulr r . ►1� r; . ►, FTI CUM' ►►t:�u I ►r.Mid W.TQWM1001151% SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE%AVOIDED IF THE PROPOSED PROJECT IS H"LEbCENTED, FINDINGS WITH RESPECT TO SAID EFFECTS AND STATEMENT OF FACTS IN SUPPORT TTIEREOF, ALL Wild RESPECT TO THE PROPOSED CERTIFICATION OF AN ENVIRONMEN- TAL IMPACT REPORT, APPROVAL OF AN AMENDMENT WrM MODIFICA- TIONS AND A TRAFFIC SPUDY FOR THE 28TH STREET MARINA PROJECT, CITY OF NEWPORT BEACH, CALIFORNIA. f The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: 'No public agency shall approve or carry out a project for which an EIR 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 explanation of the rationale for each finding. 'Me possENe findings are: 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 tha Final FIR. 2 Such changes or alterations are within the responsibility and Jurisdiction of another public agency and not the agency making the finder 'Stich changes have been adopted by such other agency or can- and ,should be adopted by such other agency. -:-; .Spedfic economic; social. or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines).` The City': of Newport Beach -is ico dering approval of a request to permit -the construction of - a • mixed ust' restdet'iW/oammerciai , development which includes two buildings containing 35 residential condominium units and 22,500 sq.ft. of commercial ilooi - area on, Property laratea in the Recrratwna! and Marine Comm al area o e Cannery, Village/McFadden Square Specific Plan Area. The project includes the certificadon- of an' Environmental Impact Report, review of a_ site plan. and approval of a use ...... to allow, a building height in excess of 26 feet but not exceeding 35 feet, the coauaercial ' componint- of the project to be less than 0.25 FAR and providing incentive uses in conjunction with general commercial uses, tentative tract map, coastal ieside'niiif'development permit. and a traffic study. Because the proposed actions constitute, a project under the CEQA Guidelines, the City of Newport Beach has prepared, _an ' Environmental Impact, Report (EIR). This EIR has identified certain significant effects which inay occur as a result of the project on a cumulative basis in conjunction with other past, present and reasonably foreseeable future projects. Further, theTi ' - desires to approve this project and, after determining that the EIR is complete and has been prepared_in accordance with. CEQA and the Guidelines, the findings set forth are- herein made: Oldtriate development of the project will result in certain significant unavoidable adverse impacts, to ,the : environment. as indicated .below and in the Final FIR. With respect to those `impacts, the City Council of Newport Beach makes the findings as stated on the irA • Inav4ses in noise levels generated by project -related traffic are less negligible. LAND USE • The proposed project will result in demolition of existing under-utilized office/ntanae commercial uses and a large vacant asphalt lot. AESTHETICS ' 1lie proposed project will result in replacement of single -story office/marine commerdal uses with ' two three-story buildings (35 feet in height) with a subterranean, parking garage. TRAFFIC AND CIRCULATION • Two of sight intersections analyzed exceed the one percent volume criteria when project traffic is added to 1991. traffic conditions. Of these, the Intersection Capacity Utilization ratio will not be increased to a level over 0.9 by project traffic PUBLIC SERVICES AKD LMLITiES The project will add to area -ride demand for fire protection and paramedic service :. Mac project will not require an additional fire station, equipment or personnel • Demand on police services will not increase significantly. due to the project. No additional personnel ' or equipment will be needed • 'Ile project will not adversely impact the parr and recreation services. = The: Project wfi.I generate a maximum of 72 students. This increase in student population will not adversely effect schools serving the site. AIR QUAL> Ty • There is a slight potential for nuisance odors to affect the project site generated from adjacent boatyard activities. The proposed design of the subterranean parking garage contains two vents which willrelease air from the garage at the roof top Ievel. This is the most desirable location for venting underground parking areas. 0 0 3 ra"& O ;V 1 ♦ vv co : I M.TIMN Rma am LeIgo) du&iRm! r TRAFFIC AND CIRCULA71ON Significant Eflfcz ' Construction activity will increase truck traffic during some periods. This increase could conflict with summer and non -summer peak traffic periods. Fiffidillg 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 E L FgZ1 in 5u=11 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 EIR and incorporated into the project. Tbese measures include the following: 1. Tic control and transportation- of equipment and materials shall be conducted in aoeordance with state and local requirements. A traffic control plan shall be reviewed"'and approved by the -Public Worim Department prior to issuance of demolition, ' grading; ' or building permits: 2. No construction storage - or delivery -of materials shall be allowed within the Newport Boulevard right-of-way. 3. Prior to issuance of any Grading Permits, a parking plan showing how workers will be able to park without using on -street parking must be submitted and approved by the Public Works Department. 4. No earthwork hauling operations, major concrete placement and other construction operations requiring more that 32 trips per day or 4 trips/hour by trucks with more than 3 axles 'be scheduled to occur between June 1 and September 15, and one week before and after Easter. S. Construction staging, materials storage, and worker parking shall be provided on ttie'adjacent site oavned by the applicant which is located on the northwest corner of 28th' Str6et ind Newport Boulevard: AIR QUALITY . Significant Effect During 'the gradiWexCavation phase, there is a potential for increased dirt and dust on and along the truck haul- routes. L Chafes or alterations have been required in, or incorporated into, the project • which avoid or substandaiky lessen the significant environmental effect as identified in the Final FIR. Farts in Suppgrt 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 1ina2 EIR' and incorporated into the project. 'Ibase measures include , the following. 1. A dt&' control piograin in cornpliaiiee 4ith South Coast Air Quality Management District Rule 403 shall be implemented during demolition, excavation, and 4 construction. This program shallinclude such measures as: containing soil on - site until it is hauled away; periodic watering of stockpiled soil; and, regular vacuum svv�erping of streets used for the haul operation to remove accumulated material The project will 'be exposed to noise levels from Newport Boulevard in excess of standards. 1. Chan es 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. Fps in Suppgrt of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Stindard : city Policies and- Requirements and Mitigation Measures identified in the Final :ER and incorporated into the project These measures include the following: 1. 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 barrier shall be continuous -(no opening or gaps) and have a minimum density of 3S pounds ' per ' square foot_ The walls may be stud wails with cement plaster exterior, 1.4 inch plate glass 5.8 inch plexigiass, any masonry material, or any combination of these materials. Wood and other materials may be used if specifically designed as noise barriers. 2. All writs exposed to exterior noise levels higher than 65 CNEL shall be constructed Was to achieve interior noise levels no greater than 45 CNEL Prior to issuance of d buildIag permit, a qualified "acoustical engineer shall review final architectural _ plans to determine what building upgrades will be necessary to achieve this'standard.' The City Engineer shall require that such upgrades be incorporated into the plans prior to issuance of the I Building permit. Most likely the only building upgrade that will be required is higher rated windows such as 3.16 inch single pane glass for all windows that are exposed to Newport Boulevard 3. All units that have a window exposed to Newport Boulevard, shall be required to install mechanical ventilation. Air conditioning is an acceptable substitute for mechanical- ventilation as long as it meets the Uniform Building Code requirements. 4. Prior to issuance' of. an occupancy permit, the City Engineer shall require that an acoustical analysis- be conducted by a qualified acoustical engineer '(at the developer's =Pease). 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 higbest noise leads are expected If different noise attenuation methods are used for'different units.' then a worst case unit for each method shall be tested. S'tQrtificant Ef'E�s Durirkg 'coastrnctl n; i dewatering and excavation activities may cause high noise levels impacting surrounding areas. • • M 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 EHL E00s in &=rt of Ending 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 EIR and incorporated into* the project. These measures include the following: 1. Construction activities will be conducted in accordance with Newport Beach City Uniform Building Code. which limits the hours of construction and excavation work to 7:00 a . 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.tn. on Sundays and holidays. 2. The applicant shall apply for a waiver of City noise abatement regulations to 'allow for dewatering and pouring of the basement slab. The continuous concrete pour shall be scheduled on a non -summer weekend outside of the peak traffic period - 3. At- the -time the City removes the requested waiver of City noise abatement regulation to allow for dewatering and pouring of the basement slab, the City Engineer shall determine if it is necessary to require barriers or baffles to reduce noise_ from - construction equipment "so as not to exceed SS dBA at the property UneCl If required, the developer shall install such measures prior to beginning any activities for which a waiver was granted <. Electric pump motors shall be required for dowatering equipment to reduce noise levels. GEOLOGY/SOILS Significant Eii'ect _The site may be subject from an earthquake on a regional fault. The site is subject to moderate to high risk -of liquefaction. Existing fill is not suitable to build on. Existing beach/alluvial soils are not suitable to build on. 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 Find EIR. Facts in Svopgrt of Findint=_ The significant ef€ett has been substantially Iessened to a level of insignificance 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: I. Development of the site shall be subject to a grading permit to be approved by the Building and PIanning Departments. 2. Thai grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on- recommendations of a sods engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic invesdgadon of the site. Permanent reproducible copies of the 'Approved as Built' grading plans on standard size sheets shall be furnished to the Building Department. 6 3. Recommendations included in the - 1989 South Coast Geologic Services' Geotechnical Report and the subsequent, study required by the following mitigation, shall be incorporated into project design where appropriate. The Building Department shall ver* the application of the appropriate recommendations prior to issuance of grading permits. 4. A supplemental subsurface investigation shall be performed 'subsequent to demolition of the existing buildings to obtain subsurface data in those areas iznacoikible during previous studies. S. The upper ien feet of soil material (primarily unsuitable fill) shall be removed Remaining soil to a_distance at least five feet below and beyond the proposed structure shall be densified as described in the Geotechnical Report contained in Appendix D (and verified or amended by the required subsequent subsurface investigation). '- The project will require excavation of soil to a depth of 10 feet. The project site is subject to high groundwater. 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 Fumd FIR. EACU in S=Rgrt of Fending The significant effect has been substantially lessened to a level of insigni.ficanee by virtue of the Su dard' (My Polices and Requirements and Mitigation Meares identified in the Final EIR and incorporated into the project. These measures include the following: 1. Dawlopment of the site shall be subject to a grading permit to be approved by the Building `and Ptanning Deparunenm 2. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based oit 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. 3. Recommendations included in the 1989 South Coast Geologic Services' Geotechnical Report and. the subsequent study required by the following mitigation, shall be incorporated into project design where appropriate. The Building` Department -shall verily the application of the appropriate - recotr mendatiaas prior to issuance of grading permits. 4.- -A. supplemental subsurface investigation shall be performed subsequent to demolition "of the: existing btAldings to obtain subsurface data in those areas Inaccessible" during previous studies. S. Zbat the grading plan shall include a complete plan for temporary and permanent drainage facilities. to minimize any potential impacts from silt. debris. and other water pollutants. 6. 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. 7 7. 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 Wrier .Quality Control Board. Santa Ana Region. & The groundwater level shall be lowered to a depth at least five feet beneath the excavation bottom (about 15 feet below existing ground engineers, d Ieevel).The d previous teermg . system shall be designed and performed by qualified expericaoe in this 'type of construction. Selection of the engineer shall be approved by the City Engineer prior to issuance of grading permits. 9. .The .upper ten feet of soil material (primarily unsuitablefill) y shall the removed.=p Remaining soil to a distance at least . fine structure shall be densified as described . in the Geot ml Reportsubsequent subsurface Appendix D (and verified or amended by the required investigation). 10. Prior to issuance of grading permits.- a national pollutant Discharge Elimination System- (NPDES) Permit shall be obtained from the Santa Ana Regional Water Quality Control Board. Water extracted from dewatering wells shall meet current Environmental Protection Agency requirements prior to discharging into the bay. If necessary, thewater shall be desilted prior to discharge. Significant Magi Effects of dewatering and lateral deflection of the excavation shoring may cause ground settlement and/or lateral movement of soils on adjacent properties. 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 FuW EIR. The significant effect has been substantially lessened to a level of insignificance by virtue I f the Standard City Policies and Requirements and Mitigation Measures identified in the FiiW EIR and incorporated into the project. These measures include the following: 1, Development of ,the site shaU 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. 3. Racommendations included in the 1989 South Coast Geologic Services' Geotechnical Report and the subsequent study, required by the following mitigation.: aball be incorporated into project design where appropriate. The Building : Department shall verify the application of the appropriate 'ens prior to Issuance of grading permits. 4. A ;supplemental subsurface investigation shall be performed subsequent to demolition of the existing buildings to obtain subsurface data in those areas inaemsi'ble during previous studies 5. A detailed : preconstruction survey _ shall - be prepared - to document the present condition of_ all . building and.. facilities within the zone of influence of the dewatered investigation.. Photographs, crack surveys, and installation of a reference benchmark beyond the zone of influence shall be included in the 8 preconmction survey. Areas within at least 30 feet of the proposed excavation shall -be monitored for any settlement and lateral mmements due to possible deflation of the shoring system. Groundwater observation wells within the :one of influence shall be installed. ne specific parameters of the study shall be provided to the_ City_ fir, for review prior to issuance of the grading permit» 6. if+found, necessary by - the City: of Newport Beach. based upon ' 8 information descnbed above, the project applicant wM be required to enter into an-&Veemept and post a bond guaranteeing the repair of the public street system, utilities, or other. public property- that might be damaged during the dew'atuing excavation process and the construction of subterranean improvements. 7. If found necessary by the of Newport Beach, based upon the geoteehnical e. City information described above, the project applicant will be required to enter into an agreement and provide a policy of insurance guaranteeing the repair of all image to -private property caused by the dewatering excavation process and the construction of subterranean improvements. WATER RESOURCES ' atracted water. resulting from dewatering will be discharged into Newport Bay. Ilse discharge of water could significantly impact the water quality of Newport Bay. , 1,. (baagcs .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 FIR. 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 EIR and incorporated into the project. -Ibese measures include the following: 1. Prier to the issuance of grading permits, a national Pollutant Discharge Flimination system Permit shall be obtained from the Santa Ana Regional Water Quality Control Board. Water extracted from dewatering wells shall meet current Environmental. Protection Agency. requirements prior to discharging into the bay. If necessmy..the.water shall be desilted prior to discharge. 2. Treatment of,;xtracwd water shall be conducted in a, manaer and at a location approved . by, the City of - Newport - Beach city Engineer and the Santa Ana Regional Water Quality Control Board 3. Suspended solids (e.g. sand) shall be separated from extracted water in accordance vnth applicable water quality standards and disposed of at a location approved by the QV of Newport Beach Director of Public Works Department and the Grading Fngin�er. 4. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering Pam. • 'x'hc project site may be subject, to minor flooding during the uncommon simultaaaeous occ urrence. of extremely high tides and heavy rain. • • z 1. Changes or alterations have been required in, or incorporated into. the project which avoid or substantially Iessen the significant environmental effect as identified In the" FinA FIR. Facts 'n SupW11 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 EIR and incorporated into the project. These measures include the following: 1. Mdsting 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 pplan of water, sewer, and storm drain for on -site improvements shall be prepared by tii6' applicant and approved by the Public Works Department prior to recording of the tract map. -Auy modifications to the existing storm drain system shall be the responsibilityof the developer. I Drainage facilities' acid arehltectural features shall be' designed to prevent runoff from entering the garage structure, keep the garage floor slab dry from seepage, and'remove oil and grease from .runoff prior to discharge -into public storm drains. Verification -of these design features shall be made by the City Engineer prior -to issuance 'of building permits. 3. Six(6) inches shall be added to the bulkhead cap to bring it to an elevation of nine feet above mean Iow water as required by the Cannery Village/McFadden Square Specific Plan: - SiguificiintEfftet ` Constriction of the project may result in short-term water quality impacts associated with erosion, litter, and debris. F..indin 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. Egets in SU2pall of Finding The significant effect has been substantially Iessened to a Ievel of insignificance by virtue of the Standard City. Policies and Requirements and Mitigation Measures identified in the fmi ai EIR and incorporated into the project. These teasures include the following: 1. An erosion,'siiltatlon; and dust control Ian shall submitted and be subject to the approval. of..the Building Department. prior to approval . of the grading permit). A copy- shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. Prior; to demolition of existing structures, a complete plan for litter and debris control for the demolition. grading. and construction phases to ensure that no debris is permitted to enter Neuport Harbor shall be approved by the Directors of the Planning and Marine Departments. Disposal of excavated materials at an ocean disposal site could have adverse _ , .. impacts on water quality. 10 Einding 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 of ect has been substantially, Iessened to a level of insignificance by virtue of the Standard (3ty Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1, If the' applicant intends_,to:use an ocean disposal site for excavated materials, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits from the Army Corps of Engineers and the City of Newport Beach have been. obtained. Such. evidence shall be submitted to and verified by the, Public Works Department prior to the issuance of a grading permit. Significant F&13 Surface runoff from the site may contain urban pollutants affecting the water quality of Newport Bay. Findi.n� 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. Facts in Suppert of Finding Zbe 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 EIR and incorporated into the project. These measures include the following: 1. Drainage facilities and architectural features shall be designed to prevent runoff from entering the garage structure, keep the garage floor slab dry from seepage, and remove oil and grease from runoff prior to discharge into public storm drains. Verification of these design features shall be made by the City Engineer prior to issuance of building permits. 2. Landscaped areas shall be irrigated with a system designed to avoid surface runoff and over -watering. 3. A landscape plan shaU be submitted which includes a maintenance program that controls the use of fertilizers and pesticides. PUBLIC SERVICES ' .7be project will require the use of domestic water and the sanitary sewer system. Fines 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 MPL E 11 The signcsnt effact has been substantially. lessened to a level of insignificance by virtue ift .of the Standard aty Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Fmg . design of the project shall provide for the incorporation of ureter -saving . devices for project lavatories and other water -using devices. 2 Landscaped areas shad be irrigated with a system designed to avoid surface runoff and over -watering. 3. Prior to issuance of building or graduxg permits. a Master Plan of water and sewer facilities shall be prepared for the site. The applicant shall verify the adeivacy of existing water and. sewer facilities and construct any modification or facilities aereuary for the project- "This Muter Plan shall include provision for the relocation of existing water and sewer facilities 12 113TIUM43MCM1 The following effects are those determined by the City of Newport Beach to be significant environmental effects which cannot be avoided if the project is implemented. All significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. The remaining, unavoidable significant effects are acceptable when balanced against .the facts set forth in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable environmental effect. TRAFFIC/NOISE/AIR QUALITY The project will incrementally result in increased traffic, air pollutant emissions, and noise levels in the immediate vicinity. In concert with other past, present and reasonably foreseeable future projects, the proposed project is expected to incrementally contribute to a significant cumulative adverse impact on traffic, air pollution, and noise Ievels in the vicinity of the project. 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. 3. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR (Section 15491 of the Guidelines). FaZs in Sup2ort of Findim 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 measures include the following: 1. 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 prior to issuance of demolition, grading. or building permits. 2. No construction storage or delivery of materials shall be allowed within the Newport Boulevard right-of-way. 3. Prior to issuance of any Grading Permits, a parking plan showing how workers will be able to park without using on -street parking must be submitted and approved by the Public Works Department. 4. No earthwork hauling operations, major concrete placement and other construction operations requiring more that 32 trips per day or 4 trips/hour by trucks with more than 3 axles be scheduled to occur between June 1 and September 15, and one week before and after Easter. 5. Construction staging. materials storage, and worker parking shall be provided on the adjacent site owned. by the applicant which is located on the northwest corner of 28th Street and Newport Boulevard. 6.: Pursuant to Section L5.45 of the Municipal Code (Fair Share Traffic Contribution Ordinance). the applicant shall contribute funds towards traffic and circulation improvements. 13 7. 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 stockpiled soil; and, regular vacuum sweeping of streets used for the haul operation to remove accumulated material. 7. Construction activities will be conducted in accordance with Newport Beach City Uniform Building 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 am. to 6:00 p.m. on Sundays and holidays. & The applicant shall apply for a waiver of City noise abatement regulations to allow for dewatering and pouring of the basement slab. The continuous concrete pour shall be scheduled on a non -summer weekend outside of the peak traffic period. 9. At the time the City removes the requested waiver of City noise abatement regulation to -iMow for dewatering and pouring of the basement slab, the City Engineer shall determine if it is necessary to require barriers or baffles to reduce = noise from construction equipment so as not to exceed 55 dBA at the property lines. If required, the developer shall install such measures prior to beginning any activities for which a waiver was granted 10. Electric pump motors shall be required for dewatering equipment to reduce noise levels. 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 responsibility 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 responsible for basin air quality. C . ,The - Southern Citlifornia 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 substantially lessened to the extent feasible, however, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EHL I. ne project represents the best balance and mix of uses for the project area, all factors considered. 2. 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 significant 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, resulting from the proposed project in association with other past, present and reasonably foreseeable future projects. r 14 NOISE Significant Effect ' Temporary noise levels related to pouring concrete for the foundation cannot be mitigated to an insignificant IeveL FindiilSS 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 Fu1a1 FIR. 3. Specific economic, social. or other considerations make infeasible the mitigation treasures or project alternatives identified in the Final E1R (Section 15091 of the Guidelines). The significant effect has been substantially lessened to the extent that changes or alterations --have, been required ' h% or incorporated into, the project which avoid or substantially lessen -the significant environmental effect as identified in the Final EIR. 1. Pouring of the basement slab shall be scheduled so as to encompass only one nighttime period 2. The applicantl shall apply for a waiver of City noise abatement regulations to allow for dewatering and pouring of the basement slab. The continuous concrete pour shall be scheduled on a non -summer weekend outside of the peak traffic period. 3. At the time the City removes the requested waiver of City noise abatement regulation to allow for . dewateriag and pouring of the basement slab. the City Engineer shall determine if it,is necessary to require barriers or baffles to. reduce noise from construction equipment so as not to exceed 55 dBA at the property lines- If required, the developer shall install such measures prior to beginning any activities` for which a waiver was granted The significant effect . has been substantially lessened to the extent feasible, however. specific e.eonomie, social, or other considerations make infeasible the mitigation treasures or project alternatives identified in the Tinal _EHL 1. Thc- project represents the best balance and mix of uses for the project area, all factors considered. 2. The ' alternatives set forth for the site were rejected for the reasons as set forth above and in the subsequent, sections of this statement. The remaining unavoidable significant -'effect is acceptable when balanced against farts set forth in the Statement of Overriding Considerations and in view of the fact that the impact identified is considered significant only on a short-term basis. 15 WON BRA : i 1. The project has been designed in a manner so as to provide the greatest public involvement in the' planning and CEQA process. 2. 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. 5. The rejection rationale is supported by the public record including. but not limited f. to, the Certified Final MFL NO PROJECT ALTERNATIVE The No Project Alternative provides for no new development on the site. rn FindiDgl Specific economic, social, or other considerations make infeasible the No Project Alternative d=n-bed in the FirW FAR in lh= 1. the No Project Alternative � �°� pdcvelopmentde for a revitalization of the of the �te which Cannery is consistent with the g Village/McFadden Square Specific Area Plan 2, :,The No project Alternative would not provide for increased marine -related commercial opportunities. 3. The No Project Alternative would not provide for increased residential uses. 4. The No Project Alternative would not provide increased physical and visual aocxss to Newport Harbor. HOTEL ALTERNATIVE The Hotel Alternative assumes development of a three-story 150-room hotel totalling 94,000 s.L Specific economic: social.; or.. other eons make infeasible the six -story office alternative described to the Final that: 1. The alternative would generate more traffic than the proposed project.. 2. 'Iiie scale of the development would appear more intense. 3. No visual -accerss to the Newport Harbor would be provided. 4. The project would provide visitor -serving facilities, but no marine -commercial or residential uses.. RESIDENTIAL ALTERNATIVE A residential alternative could be: 1) 20 units on about 4500 s.f. lots; 2) 3��� in a two story -structure with a combination of above grade and subterranean p 3) 50 units with subterratean parking or a parking structure. lb 1. Development of solely residential uses is not allowed on the site by the Land Use Element and Cannery Village/McFadden Square Specific Area Plan unless it is in conjunction with marine commercial on the ground floor of the structure. 2. The smaller 20-unit, more traditional subdivision would be significantly out of character with the surrounding area. 3. Noise attenuation for the 20-unit subdivision would required a noise wall that would block views to the -Newport Harbor. 4. If parking is not subterranean, views across the site would be effected by the light/glare from parked cars and security lighting. S. This alternative would not provide increased marine commercial uses. COMMERCIAL ALTERNATIVE This alternative would include a mix of marine commercial/office uses. Depending on the uses proposed, the FAR could range from .50 to 1.0. This intensity of development would : require either subterranean parking or above ground parking garages. Findings This alternative would generate significantly more traffic than the project. 2. This alternative would cause a greater incremental contribution to cu=ulative impacts related to traffic, noise, and air quality. 3. The alternative would not provide additional residential uses in the area. ALTERNATIVE LOCATIONS The project could be developed in other locations of Newport Beach. Findings L Given the orientation of the project to marine commercial use and view -oriented residential, any other location would remain in the vicinity of Newport Bay, 2. The contribution of the alternative to cumulative traffic, air quality, and noise Impacts would remain the sank. REDUCED INTENSITY This alternative would be a two-story version of the proposed project with marine - commercial on the ground floor and 18 residential units on the second floor. Ftnding5 1. The reduced density of the project might make construction of the subterranean parking garage economically fnfeast'ble. if so, then an above ground parking structure and parking lot would be necessary. This would create a project with greater mass and visual impact. . 2. The project could provide less --zsual acceem to the Ncaport Harbor than the project. 0 • 0 Exhibit 2 The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determi.uing whether to approve the project. The City of Newport Beach has determined that the unavoidable risks of this project. giving greater weight to the unavoidable environmental risks. In making this determination, the following factors and public benefits were considered or decisions made: 1. The proposed project is consistent with other existing uses in the vicinity of the project and the community in general. 2. The proposed project represents infill development located in an urban area where adequate facilities and services exist. 3. The density and intensity of the project is appropriate. 4. The proposed project will contribute to a fair share of local and regional roadway improvements, specifically the C ity's Fair Share Traffic Contribution Ordinance. S. The project will provide commercial space which will serve marine -related businesses. 6. The project will provide increased housing opportunities. 7. The project has been designed to be sensitive to the surrounding neighborhood by: including a 8'view corridor a providing adequate parking • dedicating a "10-foot" public walW-ay along the ba)front • providing an architecturally aesthetic project that upgrades the area while blending into the existing neighborhood ED\EIR144.FDG • • CITY OF NEWPORT BEACH P.O. BOX 1768. NEVMRT BEACH, CA 92658.8915 NOTICE OF DETERMINATION TO: Office of Manning and Research ID 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk Public Services Division P.O. Box 838 Santa Ana, CA 92702 FRO 3 City of Ne"rt tfonc t, Planning Departaxsnt 3300 Newport A0010vnrd P.O. Box 17611 Newport Beach, CA 92650-0915 SUBJECT: Filing of Notices of Determination in compliance with Section 2110a or 21152 of the Public Resources Code. PROJECT TITLE: 28th Street Marina Mixed Use Project PROJECT LOCATION:2602 - 2620 Newport Boulevard, Newport Beach, CA 92663 PROJECT DESCRIPTION: A c(xnnercial/residential mixed use development consisting of 35 condominium units and 22,500 sq.ft. of ccunercial development and a subterranean parking structure. CONTACT PERSON: Patricia L. Temple TELEPHONE NO. (714) 644-3225 STATE CLEARINGHOUSE NIMBERt 89032930 This is to advise that the City of Newport Beach has made the following determinations regarding tt:e above described project: I. The project has been X approved, disapproved by the City of Newport Beach. 2. The project X will, will not have a significant effect on the environment. 3. ® An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. QA Negative Declaration was prepared for this project pursuant tb. the provisions of CEQA. A copy of the Negative Declaration is attached. 4. Mitigation measures X were, were not made a condition of approval of this project. 5. A Statement of Overriding Considerations X was, was not adopted for this project. 6. The Final Environmental Document and the record of the project approval may be examined at the Planning Department of the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92650-8915,(714)644/3225. DATE RECEIVED FOR FILIGG: Patricia L. Temple _.7 — ENVIROtInEUTAL COORDINATOR DATE: October 31, 1989 3300 Newport Boulevard, Newport Beach I , COMMISSIONERS • October S, 1989 MINUTES Motion Ayes Absent CITY OF NEWPORT BEACH The pwas d u %hear ing was opened in connection with this item. No one appear fore the Planning Commission to testify on the subject item. b11c hearing wosed. Motion was made and vatea' Resolution No. 1198, recor adoption of an Ordinance to provisions of the General Village/McFadden Square CARRIED. KZapprove Amendment No. 689, me to the City Council the impleme a mixed use and retail Plan as rela to the Cannery Specific Area P a MOTION Request to permit the construction of a mixed use residential/commercial development which includes two buildings containing 35 residential condominium units and 22,500 sq.ft. of commercial floor area on property located In the "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area; and the acceptance of an environmental document. umb Request to permit the construction of a mixed use residential/commercial development which exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District, which includes general commercial and office uses in conjunction with incentive uses, and which has a commercial floor area ratio less than 0.25, on property located in the "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area. WED Request to approve a traffic study so as to permit the construction of a mixed use residential/commercial development .U. Item No.8 SPR 52 UP 3 361 TS59 T H14025 CROP 18 Approved COMMISSIONERS October 51 1"9 CITY OF NEWPORT BEACH MINUTES f ROLL CALL 11 1 I I 1 I I 1 INDEX containing 35 residential units and 22,500 square feet of commercial development. Request to subdivide 26 existing lots Into a vertical subdivision containing two lots for residential condominium purposes, one lot for commercial and marina purposes, one lot for residential parking purposes, and one lot for commercial parking purposes, in conjunction with the construction of a mixed residential/commercial development containing 35 residential condominium units and 22,500 sq.ft. of commercial development, on property located in the 'Recreational and Marine Commercial" area of the Cannery Village/Mcf-adden Square Specific Plan Area. AND Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 35 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low -and -Moderate -Income Housing within the Coastal Zone. LOCATION: Lots 1-12 of Block 324, Lancaster's Addition, Newport Beach, and Lots 1-14 of Block 224, Section A, Newport Beach, located at 2602 - 2620 Newport Boulevard, on the southeasterly corner of 28th Street and Newport Boulevard, In the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP-6 APPLICANT: N/R Marina Partners, Newport Beach -23- COMMISSIONER$ 0 MINUTES October 5, 1989 CITY OF NEWPORT BEACH ROLL CALL III III INDEX OWNER: Same as applicant ENGINEER: K W. Lawler and Associates, Inc., 'Tustin James Hewicker, Planning Director, recommended that a condition be added to each of the subject Items stating that the application shall not become effective until City Council adopts Amendment No. 689, to establish mixed residential/commercial uses and retail uses within the Cannery Village/McFadden Square Specific Plan Arcs. The public hearing was opened in connection with this Item. Mr. John Newcomb, applicant, appeared before the Planning Commission. Mr. Newcomb concurred with the findings and conditions in Exhibit 'A". There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Person addressed the community's approval of a project of this magnitude and the effort made by the applicants. Motion * Motion was made to approve Site Plan Review No. 52, Use Permit No. 3361, Traffic Study No. 59, Tentative Tract Map No. 14025, and Coastal Residential Development Permit No. 18, subject to the findings and conditions in Exhibit "A", including an additional condition to each of the foregoing application stating that: prior to implementation of these applications, stating that the City Council shall approve Amendment No. 689. Commissioner Di Sano complimented the project and the project's community support. Ayes * r Absent * * The foregoing motion was voted on, MOTION CARRIED. Findings! 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. -24. COMMISSIONERS *October 5. 1989 MINUTES CITY OF NEWPORT BEACH 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 except short term noise impacts. 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 shaU 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. 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. -25- INDEX COMMISSIONERS 0 0 octmmr S 1989 MINUTES ROLL CALL CITY OF NEWPORT BEACH S. Recommendations included in the 1989 South Coast Geologic Services' Geotechnical Report and the subsequent study required in mitigation memure no. 6 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. b. A supplemental subsurface investigation shall be performed subsequent to demolition of the existing buildings to obtain subsurface data in those areas inaccessible during previous studies. 7. The groundwater level shall be lowered to a depth at least five feet beneath the excavation bottom. The dewatcring system shall be designed and performed by qualified engineers with previous experience in this type of construction. Selection of the engineer shall be approved by the City Engineer prior to the issuance of grading permits. 8. The upper ten feet of soil material shall be removed. Remaining soil to a distance at least five feet below and beyond the proposed structure shall be densified as described in the Geotechnical Report as verified or amended by subsequent subsurface Investigation. 9, A detailed preconstruction survey shall be prepared to document the present condition of all building and facilities within the zone of Influence of the dewatered Investigation. Photographs, crack surveys, and installation of a reference benchmark beyond the zone of influence shall be included in the precorstruction survey. Areas within at least 30 feet of the proposed excavation shall be monitored for any settlement and lateral movements due to possible deflection of the shoring system. Groundwater observation wells within the zone of Influence shall be Installed. The specific parameters of the study shall be provided to the City Engineer for review prior to ISUMM of the grading permit. -26- LI'Ll# coMwiasioNuta • p,uber S, 1489 MINUTES \\\\\\\\ CITY OF NEWPORT BEACH ROLL cAu. INDEX 10. If found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an agreement and post a bond guaranteeing the repair of the public street system, utilities or other public property that might be damaged during the dewatering e=vation process and the construction of subterranean improvements. 11. If found necessary by the City of Newport Beach, based upon the geotechnical Information described above, the project applicant will be required to enter into an agreement and provide a policy of Insurance guaranteeing the repair of all damage to private property caused by the dewatering excavation process and the construction of subterranean improvements. 12. Prior to the issuance of grading permits, a National Pollution Discharge Elimination System (NPDES) Permit shall be obtained from the Santa Ana Regional Water Quality Control Board Water extracted from dewatering wells shall meet current Environmental Protection Agency requirements prior to discharging Into the Bay. If necessary, the water shall be desilted prior to discharge. 13. Ught construction equipment shall be used for earthwork operations. No heavy equipment shall be used. 14. 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. 15. 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. Ile plan shall be reviewed by the Parks, Beaclxs and Recreation Department and approved by the Planning and -27- COMMI8310NEIIS • • October S, 1989 MINUTES I \\\\\\\\ CITY OF HEWPORT BEACH ROLL CALL III III INDEX 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 Flan. 16. Landscaped areas shall be irrigated with a system designed to avoid surface run-off and over -watering. 17. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. 18. Suspended solids (e.g. sand) shall be separated from extracted water In accordance with applicable water quality standards and disposed of at a location approved by the Public Works Department and the Grading Engineer. 19. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. 20. Drainage facilities and architectural features shall be designed to prevent runoff from entering the garage structure, keep the garage floor slab dry from. seepage, and remove oil and grease from runoff prior to dbcharge into the public storm drains. Verification of these design features shall be made by the City Engineer prior to the issuance of building permits. 21. Six (6) inches shall be added to the bulkhead cap to bring it to an elevation of nine feet above mean low water as required by the Cannery Village/McFadden Square Specific Plan. 22. Prior to demolition of existing structures, a complete plan for litter and debris control for the demolition, grading. and construction phases to ensure that no debris is permitted to enter Newport Harbor shall be approved by the Planning and Marne Departments. -28- COMMIssIOMERs • October S 1989 MINUTES CITY OF NEWPORT BEACH ROLL CA LL1 i 1 104DEX 23. If the applicant intends to use an ocean disposal site for excavated materials, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits from the Army Corps of Engineers and the City of Newport Beach have been obtained Such evidence shall be submitted to and verified by the Public Works Department prior to the issuance of a grading permit. 24. Development shall be in substantial conformance with the approved site plan, floor plans and elevations. 25. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 26. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 27. 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. 28. Existing overhead utilities on the project side of Newport Boulevard, 26th Street and 28th Street shall be put underground to the satisfaction of the Public Works Department. 29. Pursuant to Chapter ISA5 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation improvements. 30. 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 -29- COMMISSIONERS • •Octobers 1989 MINUTES CITY OF NEWPORT BEACH I ROLL CALL 111 Jill 1 I INDEX prior to the issuance of demolition, grading or building permits. 31. No construction storage or delivery of materials &hall he allowed within the Newport Boulevard right-of-way. 32. Prior to the issuance of grading permits, a parking plan showing how workers will be able to park without using on -street parking must be submitted and approved by the Public Works Department. 33. No earthwork hauling operations, major concrete placement and other construction operations requiring more that 32 trips per day or 4 trips per hour by trucks with more than three axles may be scheduled to occur between June 1 and September 15, and one week before or after Easter, unless otherwise approved by the Public Works Department. 34. Construction staging, materials storage, and worker parking shall be provided on the adjacent site owned by the applicant which is located on the northwest corner of 28th Street and Newport Boulevard. 35. 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 l(WO a.m. to 6:00 p.m. on Sundays and holidays. 36. The applicant shall apply for a waiver of City noise abatement regulations to allow for dewatcring and pouring of the basement slab. The continuous concrete pour shall be scheduled on a non -summer weekend outside of the peak tragic period. 37. 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 03 COMMISSIONERS • 0 MINUTES October S. 1989 CITY OF NEWPORT REACH ROLL CALL INDEX engineer practicing in acoustics and approved by the Building Department, 38. At the time the City removes the requested waiver of City noise abatement regulation to allow for dewdtering and pouring of the basement slab, the City Engineer shall determine if it is necessary to require barriers or baffles to reduce noise from construction equipment so as not to exceed 55 dBA at the property lines. If required, the developer shall install such measures prior to beginning any activities for which a waiver was not granted. 39. 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, or any combination of these materials. Wood and other materials may be used if specifically designed as noise barriers. 40. 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 permi4 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. 41. AlI units that have a window exposed to Newport Boulevard shall be required to install mechanical ventilation. Air conditioning is an acceptable substitute for mechanical ventilation as tong as it meets Uniform Building Code requirements. -31 COMMISSIONERS • Octo ber 5, 1989 MINUTES \\\\\\\\CITY OF NEWPORT BEACH ROLL CALL. IKOEX 42. 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. 43. Pouring of the basement slab shall be scheduled to encompass only one nighttime period. The schedule for any continuous concrete pour shall be reviewed and approved by the City Engineer. 44. Electric pump motors shall be required for dewatering equipment to reduce noise levels. 45. 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. 46. A fan -assisted ventilation system shall be installed in the venting system for the subterranean garage for use in peak periods when natural ventilation is not sufficient. 47. All residential units and commercial/office uses shall be provided with antral air conditioning. 48. 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 arc necessary to provide adequate fire protection. .32. COMMISSIONERS October S, 1989 MINUTES \\\\\\\\CITY OF NEWPORT BEACH IROLI. cAl.l. WoEx 49. Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. 50. 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. 51. 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. 52. A bus turnout shall be incorporated into the project design to provide facilities at the existing bus stop on Newport Boulevard south of 28th Street. The area adjacent to the turnout shalt include a paved waiting area with a bus shelter or bench. Design of the turnout and amenities shall be approved by the Planning and Public Works Departments prior to the issuance of building permits. 53. A paved, lighted, and handicapped accessible pedestrian accessway shall be provided from the project to the bus stop. B. Site Plan-Erdm No. 52, 1. That the proposed site plan gives due regard to the aesthetic qualities of the harbor. 2. That the site does not contain any unique landforms such as coastal bluffs. 3. That the development is compatible with the character of the neighborhood and will contribute to the orderly and -33- COMMISSIONERS 0 • October S, 1489 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX harmonious development of surrounding properties and the City. 4. The development is sited and designed to maximize public views through the site. S. That there are no environmentally sensitive areas on -site. 6. The property does not contain any areas of unique geologic hazards. 7. Residential development shall meet City noise standards. 8. The site plan and layout of buildings, parking areas and pedestrian and vehicular access are functional in that there will be a minimum of commercial/residential conflicts. 9. The development is consistent with the General Plan, the Local Coastal Program, Land Use Plan and the Cannery Village/McFadden Square Specific Area Plan. 10. Mechanical equipment and trash enclosures are concealed from view. 11. That there arc no archeological of historical resources on. site. 12. That the site is not adjacent to any residential district. I. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans and elevations, except as noted below. 2. That all mitigation measures, and conditions of approval for Use Permit No 3361, Tentative Map of Tract No. 14025 and Coastal Residential Development Permit No. 18 be fulfilled. .34. COMMISSIONERS • 0 Octobers, 1489 MINUTES 41 CITY OF NEWPORT BEACH ROLL CALL I I I I l l l I INDEX 3. That one parking space be provided for each 250 sq.ft. of commercial or office development, .75 parking space be provided for each boat slip, and 21h parking spaces be provided for each dwelling unit. 4. The access to the subterranean parking shall be a minimum of 26 feet clear width. 5. That upland use must accommodate needs of the marina as required by City Council Harbor Permit policies, specifically those which deal with parking. safety and sanitation. 6. The surface lot shall be redesigned to provide turn around area for all spaces within the lot. 7. The driveway shall conform to Sid I10-L for sight distance. 8. On -site parking and access for pedestrians and vehicles shall be subject to further review and approval of the City Traffic Engineer. 9. A 10 foot area of the drive with a slope not to exceed 2% shall be provided at the back of sidewalk. I0. A plan to accommodate delivery vehicles shall be reviewed and approved by the City Traffic Engineer. 11. This application shall not be deemed approved until the effective date of Amendment No. 689. 1. That the development provides for both public physical and visual access to the bay. 2. That the Increased height results in more public visual open space and views that would result from compliance with the basic height limit since the project design .35. COMMISSIONERS 0 MI October S. 1989 NOTES \\\\\\\\ CITY OF NEWPORT BEACH ROLL CALL INDEX includes an open space plaza which is a minimum of 100 feet wide from Newport Boulevard to the JWy, and approximately 65%a of the site is used for open spate, 3. The Increased building height results in a mere desirable architectural treatment of the building and a stro er and more appealing visual character of the area within the general theme of a marine environment since the open space plaza integrates the project with the visual amenity of Newport Bay, and the variation of the facade minimizes the visual Impact of the structures. 4. The increased building height does not result In undesirable or abrupt scale relationships between the structure and existing developments or public spaces. 5. The increased height does not result in hoar area exceeding that otherwise permitted. 6. That incentive uses are provided by the development which allow the establishment of general office and commercial uses. 7. That the proposed commercial space constitutes a significant portion of the development. 8. That the proposed commercial development is large enough to accommodate viable business. 9. The approval of Use Permit No. 3361 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and ments in the neighborhood or the general welfare of Conditions: 1. That the proposed development shall be in substantial compliance with the approved plot plan floor plans and elevations. .36. COMMISSIONERS • 0 October S. 1989 MINUTES CITY OF NEWPORT BEACH 2. That the characteristics of the open space playa be maintained, including the 120 foot dimension on Newport Boulevard, the minimum 100 foot clear width at ground level, and the minimum SO foot clear width at the second and third levels. 3. That any fences or protective rails required for parking structure stairwells within the open space plaza be visually open. 4. That the building shall be no higher than 35 feet, subject to the provisions of the Cannery Village/McFadden Square Specific Plan in regards to the ground floor elevation and in accordance with the definitions contained in Section 20.87.205 of the Newport Beach Municipal Code. 5. That Incentive uses shall be provided if general commercial or office uses are provided on site. The split between incentive uses and uses which can be developed only upon the provision of incentive uses is 40% incentive use and 60% use which requires incentive. Prior to the issuance of any grading or building permhs for the project, the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, agreeing to the provision of required Incentive uses. 6. Should the final design of the project result in the loss of on -site parking. the commercial component of the project may be reduced, but may not be less than 20,000 sq.ft. 7. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.MA of the Newport Beach Municipal Code. -37- COMMISSIONER$ • October S, 1484 MINUTES CITY OF NEWPORT BEACH 9. That a Coastal Development Permit be issued prior to the issuance of a building permit. 10. This application shall not be deemed approved until the effective date of Amendment No. 689. 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-l. 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. 1. That the design of the subdivision improvements will not conflict with any casements 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. 3. That Section 13.05.010 of the Newport Beach Municipal Code requires that public Improvements be completed in commercial areas prior to the issuance of building permits for a new structure. 4. That the traffic congestion during the summer months (June 1 through September 15) and during Easter Vacation (one week before and one week after Easter) is significant and any major truck haul operation during this -38- COMMISSIONERS 0 October 5, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CAL 1 1 1 1 1 1 1 1 1 INDEX time would further congest the traffic to an unacceptable level. S. That this area has significant pedestrian traffic and sidewalks need to remain open during construction operations. 6. That the development is on a bus route and that it should encourage bus use by providing convenient access to a bus stop for its residents and patrons. 7. That the proposed project is consistent with the Newport Beach General Plan and the Local Coastal Program, Land Use Plan. 8. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the design of the subdivision. 9. That the proposed subdivision presents no problems from a planning standpoint. 1. That a fatal map be recorded. That the final map be prepared so that the bearings relate to the State Plane Coordinate System and that elevations of all lots be shown along with the bench mark datum. 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. a. That each floor of each building of the subject development shall be served with separated sewer laterals .39. . • , COMMISSIONERS • October 5, 1989 MINUTES \\\\\\\\CITY OF NEWPORT BEACH ROLLCALL INDEX unless otherwise approved by the Public Works Department. The commercial and residential portions of the development shall be served with separated sewer laterals and water services. 5. That the on -site parking (both subterranean and surface parking), vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer, That the parking structure have a minimum entrance elevation of 9.00 ML.LW (6.27 MSL) at all entrances to prevent flooding from high tides, 6. That the intersection of the private drives and streets be designed to provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls, structures and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 7. That a 20 foot radius corner cutoff at the corner of 28th Street and Newport Boulevard and 15 foot radius corner cutoffs at the corner of Newport Boulevard and 26th Street and at the corner of 28th Street and Lafayette Avenue be dedicated to the public. 8. That curb, gutter and full width sidewalk be reconstructed along the Newport Boulevard frontage; that any deteriorated sidewalk or curb and gutter that does not drain be reconstructed along the 26th Street frontage; that the curb returns at the intersection of 26th Street & Newport Boulevard and the intersection of 281h Street & Lafayette Avenue be reconstructed to a 20 foot radius Including curb access ramps per City Standard 181.1, the power pole and catch basin on the corner of Newport Boulevard and 26th Street will require relocation; that the unused drive aprons be removed and replaced with curb, gutter and sidewalk along the 281h Street, Newport Boulevard and 26th Street frontages; that the depressed section of sidewalk on 28th Street adjacent to the bulkhead be reconstructed; that new street lights be -ace COMMISSIONERS • 0 October 5, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL I f I I I I I I I INDEX constructed per current city standards along the 28th Street, 26th Street. Newport Boulevard and bay frontages; that the existing 16 inch water main crossing the property be reconstructed in the adjacent streets to the satisfaction of the Utilities Department prior to issuance to any grading permits; that the existing sewer running through the subject property be abandoned and removed or filled with slurry, and that all street, drainage and utility improvements be shown on standard Improvement plans prepared by a licensed civil engineer. 9. That the existing utility casement crossing the existing property be abandoned after removal of utilities. 10. That a hydrology And hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 11. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.LL.W. (627 MSQ. That the existing bulkhead tiebacks be maintained until an approved alternate Is in place or other provisions made to insure the integrity of the bulkhead. 12. That County Sanitation District fees be paid prior to Issuance of any building permits. 13. That the Public Works Department plan check and inspection fee be paid. -41- i . COMMISSIONERS • • October S, 1989 MINUTES CITY OF NEWPORT BEACH ROLL. C: INOEK Nil 14. That the Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L 15. 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 allowed within the Newport Boulevard right-of-way. Prior to issuance of any grading permits, a parking plan showing how workers will be able to park without using on -street parking must be submitted and approved by the Public Works Department. 16. That a 10 foot wide easement be granted to the city along the bay frontage so as to provide unobstructed public access across the entire project between 26th Street and 28th Street. Said easement shall be improved with lighting and a concrete sidewalk or other materials meeting the approval of the Public Works Department. Grate type drainage inlets will not be acceptable within the easement area without prior approval of the Subdivision Engineer. 17. That casements or agreements be provided for construction and maintenance of utilities where water, sewer and other utilities encroach into other lots, ie: between Lots 2 and 3 where the floor surface for lot 3 is the proposed lot line, room for sewer lines to serve Lot 3 does not appear to be provided. 18. That a bus bay and shelter or bench be provided on the Newport Boulevard frontage with the location to be determined by the QC D and the Public Works Department. The shelter is to be outside the sidewalk arcs. An easement is to be provided to cover the additional area needed for the bus bay and sidewalk. -42- 1 S COMMISSIONERS ,o •; n • Oeiober S, 1984 MINUTES \\\\\\\\CITY OF NEWPORT BEACH ROLL CALL INDEX 19. That no earthwork hauling operations, major concrete placement and other construction operations requiring more than 32 trips per day or 4 trips per hour by trucks with more than 3 axles be scheduled to occur between June 1 and September 15, and one week before and after Easter, unless otherwise approved by the Public Works Department. 20. That underground building construction be setback from the sidewalk a sufficient distance to allow the sidewalk to remain in service during construction unless otherwise approved by the Public Works Department. That no tie backs or foundations be constructed in the public right- of-way. 21. "at the overhead lines along Newport Boulevard and 28th Street be placed underground to allow the westerly 2 poles on Newport Boulevard and the 3 poles on 28th Street to be removed. Guy poles are excepted from this condition. 22. That an agreement for maintenance of non-standard Improvements be executed by the developer if special textured sidewalk or other non-standard improvements are proposed to be constructed within the public right-of-%V around the development. The design of all non-standard Improvements must be approved of the Public Works Department. 23. This application shall not be deemed approved until the effective date of Amendment No, 689. 1. That the proposed development has met the requirements of City Council Policy P-1. 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, -43- • COMMISSIONERS ROLL CALL 0 OettMIND rber 5, 1989 TES CITY OF NEWPORT BEACH INDEX the form and content of which Is acceptable to the City Attorney and the Planning Director, which guarantees the provision of four affordable dwelling units on rite or off- site within the City. The affordable housing agreement shall be recorded as deed restriction against the property. 2- The affordable units provided sh%B be affordable to moderate income families if the units are for sale or to low income families at fair market rent if the units are rented by the applicant or suwessors in Interest, in accordance with the provisions of the Newport Beach Housing Element. 3. The term of affordability shall be thirty ycan 4. If it Is proposed to provide the affordable hnusing 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 and performance bonding or other measures to assure the provision of the units within three years of the occupancy of this project as required by State law, 5. This application shall not be deemed approved until the effective date of Amendment No. 689. 4 s • Item No.9 Requ to approve a Traffic Study so as to permit the TS55 establishm of a restaurant with ors -sale beverages, live 30 entertainment dancing, outdoor dining and valet parking. AND A22roved Request to permit the establishment of a urant �-h ton-sale alcoholic beverages, live entertainment and outdoor dining and valet parking, The restaurant and ill Indude nighttime only French/Continental Dining on the first r and -44- 1] e CITY OF NEWPORT BEACH PWINING DEPARTMENT PLAN REVIEW REQUEST XAMA11CL PIAMIIC DIVISION ,PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEER —FIRE DEPARTMENT "PLAN REVIEW DIVISION PARKS & RECREATION —POLICE DEPARTMENT _KARINE SAFETY _.,CRADING APPLICATION OF: N/A Marisia Partners Date—lBptamber 5. 1989 .LPLiNS ATTACHED (PI.EIISE RETURN) —PLANS ON FILE III PIAPNING DEPT. FOR: Coastal Residential Development Permit No. 18 �.• • • r •�: ': For- { 1. rrptl 1 { LOCATION: 2602, 2616, 2618, 2820 and 2622 Newport Blvd. REPORT REQUESTED BY: 9-11-89 COKIISSION REVIEW: 9.21-89 CONK 17S : Thin proposed subdivision is located in an area of the Cannery Village anddesignated for Ae =eational and Marine Conowe al us" by the General Plan Land Use Element and Local coastal Program Land U",Plan for ths City of Newport Beach. professional and business offices are permitted only in conjunction with an incentive use. Therefore , depending on the type of use incentive use restriction may be required. As far as residential development is concerned , •one dwelling unit is allowed -for each 3,375sq.ft, 11 14 1 7 .- 1711 I> Notice is hereby given that the Planning Commission of the City of Newport Beach will told a public hearing on the application of NIB Marina EArtners for Use Permit No. 3361. Site Plan _H.W. 1 1 111111 , 1il 1ill j.M 1,11 .1 .I ► y.��.��1 �.1, yr 1.1 i I i! 1 to L► I�ws 1 _ 1 1+ : 1 1 3 s 1 1 .l it Is. TMM 1 NOTICE IS HEREBY FURTHER GIVEN that an Environmental Impact Report has been prepared in connection with the application noted above. It is the present intention of the City to accept the Environmental Impact Report and supporting documents. 'ne City encourages members of the general public to review and commcnt on this documentation. Copies of the Environmental Impact Report and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659.1768 (714) 644-3225. Notice is hereby further given that said public hearing will be held on the 51h day of OctobeI IM at the hour of 20 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644-3200. Janice A. Debay, Secretary, Planning Commission, City of Newport Beach. NOTE; The expense of this notice is paid from a filing fee collected from the applicant. -,,i i *. 0 0 $-;UbTA MtbA, t,:A YLbLb 047-100-03 ALFRED F LUSTBADER 2727 NEWPORT BLVD NEWPORT BEACH, CA 92663 047-100-04 ALFRED F LUSTBADER 2707 NEWPORT BLVD NEWPORT BEACH, CA 92663 I 047-110-18 J K S FINANCIAL CX 2611 NEWPORT BLVD NEWPORT BEACH, CA 92663 047-110-19 RENE BARGE 3012 NEWPORT BLVD NEWPORT BEACH, CA 92663 V VVMV M.. --_—I ♦aa .. 047-120-04 JENA R BELDEN 1 S ORANGE GROVE BLVD PASADENA, CA 91105 047-120-05 RUTH E SMITH TR 122 HARBOR ISLAND RD NEWPORT BEACH, CA 92660 047-120-20 RUTH PAYNE SMITH TR 122 HARBOR ISLAND RD NEWPORT BEACH, CA 92660 047-120-29 PAUL A TRAUTWEIN TR 3132 BRENT RD REDDING* CA 96002 Gaylord Helms Sandra biirie Houdek `268 Lakeshore Rd Edwin D. Taylor Box 94 1930 Continental Ave. Boulder City, W 8900S Costa Mesa, CA 92627 WR Marina Partners Walter Burroughs 047-110-22 2800 Lafayette Ave. James Peter Barrett JOAN M JACOBS Newport Beach, CA 92663 43S Aliso Avenue 825 W BAY AVE Newport Beach, CA 92663 BALBOA, CA 92661 Central Newport Beach Cm. Associwry J. Singer TH 047-110-29 Jim Henley, President 1SSS Hesa Verde Dr. Fast YADU R ALIPURIA 1112 W. Ocean Front Unit 4SA 2627 NEWPORT BLVD' Balboa, CA 92661 Costa Mesa, CA 92626 NEWPORT BEACH, CA 92663 .,' Security Title Insurance Truct 4PC 1440 P. 0. BOX 1589 San Diego, CA 92112 r ycl L 047-010-06 CUaCI-BURNER CO 717 LIDO PARK DR NEWPORT BEACH, CA 92663 047-010-09 FIRST AMERICAN TRUST CO CURCI-TURNER CO P O BOX 1549 NEWPORT BEACH, CA 92663 047-010-13 BANK LLOYDS CALIFORNIA 105 AVE DE LA ESTRELLA SAN CLEMENTE, CA 92672 047-023-01 WILBUR D SCHOCK 212 VIA LIDO NORD N01POR:' BEACH, CA 92663 047-023-03 AMOS CORGIAT 7107 GEORGIA ST BELL, CA 90201 047-023-06 ALLAN FAINBARG TR 890 W BAKER #200 COSTA MESA, CA 92626 (AWP47-023-12 �047-052-oA DATELINE TOURS CX HMMAM P SARGEAW 2800 LAFAYETTE 448 A MCCADDEN PL NEWPORT BEACH, CA 92663 LOS ANGELES, CA 90020 047-023-13 TED K COOK P O BOX 1398 NEWPORT BEACH, CA 92663 047-023-14 CALVIN G ROHRS TR 12151 SINGINGWOOD DR SANTA ANA, CA 92705 047-051-02 VAN LOON ENTERPRISES INC 2019 S CAPELLA CT COSTA MESA, CA 92626 047-051-06 MCCULLOCH TRUST 450 CATALINA ST NEWPORT BEACH, CA 92663 047-051-07 WILBUR D SCHOCK TR 11 212 VIA LIDO NORTH NEWPORT BEACH, CA 92660 047-051-08 JERRY D ADAMS 505 29TH ST NEWPORT BEACH, CA 92663 047-052-02 THEODORE S SCHNACK 211 E EDGEWATER AVE BALBOA, CA 92661 047-052-03 DAVID EMMES 3470 EIMBLEDON WAY COSTA MESA, CA 92626 047-052-06 GARNET V MCCULLOCH 2810 VILLA WAY NEWPORT REACH p CA 92663 047-052-07 DATELINE TOURS CX 2800 LAFAYETTE NrwrORT BEACH, CA 92663 047-052-08 SERGIO AVILA 407 28TII ST NEWPORT BEACH, CA 92663 047-052-09 SERGIO AVILA 2345 PORT CARLISLE NEWPORT BEACH, CA 92660 047-052-13 RUSSELL E FLUTER CANNERY VILLAGE REALTY 510 30TH ST NEWPORT BEACH, CA 92660 047-052-22 ARTHUR MELLO 516 TUSTIN AVE NEWPORT BEACH, CA 92663 •1 1 VF Notice is hereby given that the Planning Commission of the City of Newpon Beach wdl bold a public hearing on the application of )SIR Marina Partners for Uu Permit, Ho. 3361, Site Man :. MT • ' • • • • NOTICE IS HERESY FURTHER GIVEN that an Environmental Impact Report has been prepared in connection with the application noted above. It is the present intention of the City to accept the Environmental Impact Report and supporting documents. 7iie City encourages members of the general public to review and comment on this documentation. Copies of the Environmental Impact Report and supporting documents arc available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659.1768 (714) 644.3225. Notice is hereby further given that said public hearing will be held on the ZW day of Septerabe 1M at the hour of Z;.;Q p.m. in the Council Chambers of the Newport peach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons Interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644.3200. Janice A. Debay, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a riling fee collected from the applicant. 047-010-06 CdhCI-lURNER CO 717 LIDO PARK DR NEWPORT BEACH, CA 92663 047-010-09 FIRST AMERICAN TRUST CO CURCI-TURNER CO P 0 BOX 1549 NEWPORT BEACH, CA 92663 047-010-13 BANK LLOYDS CALIFORNIA 105 AVE DE LA ESTRELLA SAN CLEMENTE, CA 92672 047-023-01 WILBUR D SCHOCK 212 VIA LIDO NORD NEWPORT BEACH, CA 92663 047-023-03 AMOS CORGIAT 7107 GEORGIA ST BELL, CA 90201 047-023-06 ALLAN FAINBARG TR 890 W BAKER #200 COSTA MESA, CA 92626 047-023-12 047-052-04 DATELINE TOURS CX • BARBARA P SARGEANT 2600 LAFAYETTE 446 8 MCCADDEN PL NEWPORT BEACH, CA 92663 LOS ANGELES, CA 90020 047-023-13 TED K COOK P 0 BOX 1398 NEWPORT BEACH, CA 92663 047-023-14 CALVIN G ROHRS TR 12151 SINGINGWOOD DR SANTA ANA, CA 92705 047-051-02 VAN LOON ENTERPRISES INC 2019 S CAPELLA CT COSTA MESA, CA 92626 047-051-06 MCCULLOCH TRUST 450 CATALINA ST NEWPORT BEACH, CA 92663 047-051-07 WILBUR D SCHOCK TR 11 212 VIA LIDO NORTH NEWPORT BEACH, CA 92660 047-051-08 JERRY D ADAMS 505 29TH ST NEWPORT BEACH, CA 92663 047-052-02 THEODORE S SCHNACK 211 E EDGEWATER AVE BALBOA, CA 92661 047-052-03 DAVID EMMES 3470 EIMBLEDON WAY COSTA MESA, CA 92626 047-052-06 GARNET V MCCULLOCH 2810 VILLA WAY NEWPORT BEACH, CA 92663 047-052-07 DAIVI�1,INE TOURS CX 2800 LAFAYETTE NEWPORT BEACH, CA 92663 047-052-08 SERGIO AVILA 407 28TH ST NEWPORT BEACH, CA 92663 047-052-09 SERGIO AVILA 2345 PORT CARLISLE NEWPORT BEACH, CA 92660 047-052-13 RUSSELL E FLUTER CANNERY VILLAGE REALTY 510 30TH ST NEWPORT BEACH, CA 92660 047-052-22 ARTHUR MELLO 516 TUSTIN AVE NEWPORT BEACH, CA 92663 1.V.0'14t M zA, l.A V4040 047-100-03 ALFRED F LUSTBADER 2727 NEWPORT BLVD NEWPORT BEACH, CA 92663 047-100-04 ALFRED F LUSTBADER 2707 NEWPORT BLVD NEWPORT BEACH, CA 92663 047-110-18 J K S FINANCIAL CX 2611 NEWPORT BLVD NEWPORT BEAC11, CA 92663 047-110-19 RENE BARGE 3012 NEWPORT BLVD NEWPORT BEACH, CA 92663 047-110-22 JOAN M JACOBS 825 W BAY AVE BALBOA, CA 92661 047-120-01 ! GAYLORD HELMS • 268 LAKESHORE RD BOX 94 BOULDER CITY, NV 89005 047-120-04 JENA R BELDEN 1 S ORANGE GROVE BLVD PASADENA, CA 91105 047-120-05 RUTH E SMITH TR 122 HARBOR ISLAND RD NEWPORT BEACH, CA 92660 047-120-20 RUTH PAYNE SMITH TR 122 HARBOR ISLAND RD NEWPORT BEACH, CA 92660 047-120-29 PAUL A TRAUTWEIN TR 3132 BREN`i' RD REDDING, CA 96002 Ga} lard Helms Sandra %brie lioudel, 268 l.akeshore itd 141win 11. Tavinr Box 9.1 1930 Continental Ave Boulder City, NV 89005 0)sta Mesa, G1 92627 N/R '-Drina Partners 2800 Lafayette Ave. Newport Beach, CA 92663 Walter lkirrouglis ,humus Peter Barrett 435 Al iso Ave Newport knich, CA 92663 Central Newport Beach Comn. Assoc 1kjry J. Singer lR 047-110-29 -Jim 1lenley, President 1555 h1esa Verde Dr. East YADU R ALIPURIA 1112 W. Ocean Front Unit 45A 2627 NEWPORT BLVD Balboa, 01 92061 Costa Melia, Gt 92626 NEWPORT BEACH, CA 92663 S,M rity Title Insurance 'I nest irr 14,10 11. 0. Box 1589 San Diego, CA 92112 b4Y �/� •.r�Ii�, Vi• Iwvry 047-110-34 SECURITY TITLE INSUTANC£ TRUST OPT 1440 P O BOX 1589 SAN DIEGO, CA 92112 0 CITY OF ?r_VWP%T ISEACH PIANliIHC DEPARTMENT PLAN R5-1EN REQUEST &"VANCE PIANNINC DIVISION ^PUBLIC WORKS DEPARTMENT —TRAFFIC ENGINEER `FIRE DEPARTMENT —PLAN REVIEW DIVISION „PARKS & RECREATION —POLICE DEPARTMENT _.)MINE SAFETY _GRADING APPLICATION OF: N/R Marina Partners Date-5gPtembpr 5. 1989 -1—PIANS ATTACHED (PLPASE RETURN) „PLANS ON FILE IN PIANNINC DEPT. FOR: Coastal Residential Development Pernit "so. 18 p • ..II 1 .E + .• 1 f E 1� 1' 1 l 1 4 1 LOCATION: 2602. 2616, 2618, 2B20 and 2622 Newport Blvd. REPORT REQUESTED BY: 9.11.89 COMMISSION REVIEW: 9.21.89 COMMENTS: EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE AND IS DESCRIBED AS FOLLOWSs PARCEL 1: LOTS 1 TO 12, INCLUSIVE, BEING ALL OF BLOCK 324 OF LANCASTER'S ADDITION TO NEWPORT BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SUBJECT TO THE EFFECT OF THAT CERTAIN BOUNDARY AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH: COAST CAPITAL, INC., AND THE STATE OF CALIFORNIA, RECORDED ON SEPTEMBER 17, 1964 IN BOOK 7223, PAGE 264 OF OFFICIAL RECORDS. TOGETHER WITH A PORTION OF 28TH STREET, FORMERLY KNOWN AS 26TH STREET, NAME CHANGED BY ORDINANCE NO. 351, SEPTEMBER 17, 1928, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 10, BLOCK 324, LANCASTER'S ADDITION TO NEWPORT BEACH, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID LOT 10 WITH THE WESTERLY LINE OF SAID LOT 10; THENCE NORTH 76' 14' 00" EAST ALONG SAID NORTHWESTERLY LINE OF SAID LOT 10 AND ALONG THE NORTHWESTERLY LINE OF LOT 11 IN SAID BLACK 324, A DISTANCE OF 58.17 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 166.24 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, A RADIAL LINE FROM SAID POINT BEARS NORTH 47' 12' 22" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 11' 30' 23", A DISTANCE OF 33.38 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF LOT 12 IN SAID BLOCK 324, A RADIAL LINE FROM SAID INTERSECTION BEARS NORTH 58' 42' 45" WEST; THENCE SOUTH 690 05' 30" EAST ALONG SAID NORTHWESTERLY PROLONGATION, A DISTANCE OF 37.02 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 12; THENCE SOUTH 76' 14' 00" WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT 12 AND ALONG THE NORTHWESTERLY LINE OF SAID LOT 11, A DISTANCE OF 56.27 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. AND ALSO TOGETHER WITH THE EASTERLY 20 FEET OF THAT PORTION OF L.AFAYETTE AVENUE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1, IN BLACK 324, LANCASTER'S ADDITION TO NEWPORT BEACH, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF :LAID ORANGE COUNTY; THENCE SOUTH 85* 03' 01" WEST 40.17 FEET TO THE NORTHEASTERLY CORNER OF THE LAND CONVEYED TO THE CITY OF NEWPORT BEACH BY DEED RECORDED NOVEMBER 1, 1922 IN BOOK 438, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 0` 23' 30" EAST ALONG THE EASTERLY LINE OF BLACK 224, SECTION A, NEWPORT BEACH, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGE 21 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, A DISTANCE OF 333.48 FEET TO A POINT, SAID POINT BEING SOUTH 0* 23' 30" WEST 28.38 FEET FROM THE NORTHEASTERLY CORNER OF SAID BLACK 224; THENCE NORTH 760 14' 00" EAST ALONG A LINE PARALLEL WITH AND 27.32 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID BLOCK 2241 A DISTANCE OF 14.75 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 166.24 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 9* 21' 58", A DISTANCE OF 27.18 FEET TO A POINT IN THE WESTERLY LINE OF SAID BLACK 324, SAID POINT BEING SOUTH 0' 23' 30" WEST 26.09 FEET FROM THE NORTHWESTERLY CORNER OF SAID BLACK 324; THENCE SOUTH 0* 23' 30" WEST ALONG THE WESTERLY LINE OF SAID BLACK 324, A DISTANCE OF 342.12 FEET TO THE POINT OF BEGINNING, BOTH VACATED BY RESOLUTION 15814, RECORDED ON AUGUST 10, 1964, IN BOOK 7170 , PAGE 617 OF OFFICIAL RECORDS. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET WITHOUT ANY RIGHT TO ENTER UPON THE SURFACE OR THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 500 FEET, AS PROVIDED IN INSTRUMENTS OF RECORD. PARCEL 2: LOTS 1 TO 14, INCLUSIVE, BLOCK 224, SECTION A, NEWPORT BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 21, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET WITHOUT ANY RIGHT TO ENTER UPON THE SURFACE OR THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 500 FEET, AS PROVIDED IN INSTRUMENTS OF RECORD. TOGETHER WITH THE WESTERLY 20 FEET OF THAT PORTION OF LAFAYETTE AVENUE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1, IN BLOCK 3241 LANCASTER'S ADDITION TO NEWPORT BEACH, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 85- 03' O1" WEST 40.17 FEET TO THE NORTHEASTERLY CORNER OF THE LAND CONVEYED TO THE CITY OF NEWPORT BEACH BY DEED RECORDED NOVEMBER 1, 1922 IN BOOK 438, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 0- 23' 30" EAST ALONG THE EASTERLY LINE OF BLOCK 224, SECTION A, NEWPORT BEACH, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGE 21 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, A DISTANCE OF 333.48 FEET TO A POINT, SAID POINT BEING SOUTH 00 23' 30" WEST 28.38 FEET FROM THE NORTHEASTERLY CORNER OF SAID BLOCK 224; THENCE NORTH 760 14' 00" EAST ALONG A LIME PARALLEL WITH AND 27.52 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID BLACK 2241 A DISTANCE OF 14.75 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 166.24 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 9' 21' 58", A DISTANCE OF 27.18 FEET TO A POINT IN THE WESTERLY LINE OF SAID BLOCK 324, SAID POINT BEING SOUTH 0 23' 30" WEST 26.09 FEET FROM THE NORTHWESTERLY CORNER OF SAID BLOCK 324; THENCE SOUTH 0' 23' 30" WEST ALONG THE WESTERLY LINE OF SAID BLOCK 324, A DISTANCE OF 342.12 FEET TO THE POINT OF BEGINNING, BOTH VACATED BY RESOLUTION 15814, RECORDED ON AUGUST 10, 1964, IN BOOK 7170 , PAGE 617 OF OFFICIAL RECORDS. 163-•12 7-11-89