HomeMy WebLinkAboutBayside Residential PC_919 bayside dr (PA2007-166)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
12/6/2007 Meeting
Agenda Item No. 3
SUBJECT: Bayside Residential Planned Community (PA2007 -166)
919 Bayside Drive
• Planned Community Text Amendment No. 2007 -004
• Amendments to Newport Tract Map No. 2004 -001
(Tentative Tract Map No. 15323)
APPLICANT: UGS Development Inc.
PLANNER: Brandon Nichols, Associate Planner
(949) 644 -3234, bnichols @city.newport- beach.ca.us
BACKGROUND
On November 3, 2005, the Planning Commission recommended the City Council
establish the Bayside Residential Planned Community zoning district (PC -55) to permit
the development of a 17 -lot, single -unit residential subdivision on property located at
919 Bayside Drive. On March 14, 2006, the Council adopted an ordinance establishing
the PC -55 district, and adopted the Bayside Residential Planned Community District
Regulations (PC Text) to govern development of the new planned community. The
Council also approved Newport Tract Map No. 2004 -001 to subdivide the property.
Since the property is located in the City's Coastal Zone, development of the project
requires the issuance of a Coastal Development Permit by the California Coastal
Commission (CCC). Subsequent to City Council approval, the PC Text and tract map
were forwarded to the CCC for review and approval.
On February 14, 2007, the CCC approved the Coastal Development Permit (CDP) for
the project, subject to the fulfillment of a number of conditions. The CDP does not
become effective until the applicant has satisfied these conditions. Many of the
conditions deal with new requirements for the provision and maintenance of public
access within the development. Compliance with these conditions requires amendments
to the PC Text and tract map.
On March 1, 2007, the CCC mailed a "Notice of Intent to Issue Permit" that outlines the
conditions of the CDP. A copy of this document is attached as Exhibit 1.
.1._
GENERAL
7
RS D
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UC
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ZONING
K55
ON -SITE
Multi le -Unit Residential
Planned Communit
Multi -Family
Residential
NORTH
Neighborhood Commercial
Retail, Service Commercial
Shopping
Center
SOUTH
NIA
NIA
Balboa Island Channel
EAST
Multi le -Unit Residential
Multi-Family Residential
Multi -Famil
Residential
WEST
NIA
NIA
Promontory
Channel
Bayside Residential Planned Community
December 6, 2007
Page 3
PROJECT SUMMARY
The applicant is proposing to amend the PC Text and tract map for the development in
order to implement the conditions of the CDP. In some cases, this requires minor
changes to the tract map conditions of approval. To aid in the implementation and
administration of the PC Text, Staff has also recommended changes to the format and
content of the document. Proposed changes to the PC Text and tract map are
discussed in the following sections. Changes to the PC Text and tract map conditions
are further clarified in a "track changes" version of the PC Text attached as Exhibit 2
(deletions crossed out and additions underlined). A copy of the revised tract map is
attached as Exhibit 3.
RECOMMENDATION
Adopt Resolution recommending that the City Council approve Planned Community
Text Amendment No. 2007 -004 and approve amendments to Newport Tract Map No.
2004 -001.
DISCUSSION
Public Access
To comply with the CDP conditions relating to public access, the following changes to
PC Text and tract map are proposed:
• A sidewalk has been added along the perimeter of the internal ring road serving
the development. This sidewalk will be connected to the public right -of -way
(sidewalk and bike path adjacent to Bayside Drive) by an additional sidewalk
across "Lot C ". These changes are reflected on the revised tract map.
• The proposed entry gate has been removed from the project and all streets,
sidewalks, and parking will be open and available for public pedestrian, bicycle
and vehicular access and use. References to the entry gate have been removed
from the PC Text and tract map conditions.
• An easement for public access across "Lot C" and "Lot E" will be dedicated to the
City. These lots encompass the streets and sidewalks within the subdivision. An
easement for water, fire access and public access across "Lot G' will be
dedicated to the City. "Lot G" provides a connection between "Lot E" and the
cantilevered public walkway along the waterside of the development. All
proposed easements are reflected on the revised tract map.
• Compliance with the CDP conditions has resulted in slight changes to the
acreages listed in the Site Area and Usage breakdown found in Section I of the
5
Bayside Residential Planned Community
December 6, 2007
Page 4
PC Text. These changes are reflected in a revised site area and usage table and
in the lot summary table found on the revised tract map.
• Heading No. 14 (Maintenance of Public Access) has been added to Section II of
the PC Text. The new heading states that maintenance of all public access areas
shall be provided by the homeowner's association.
• Heading No. 15 (Ownership and Maintenance of Streets) has been added to
Section II of the PC Text. The new heading clarifies that the streets within the
subdivision will be privately owned and maintained but open for public access
and use at all times (via a public access easement granted to the City).
• In the PC Text and tract map conditions, "private streets" are now referred to as
"publicly accessible, privately -owned and maintained streets and drives".
Implementation and Administration of the PC Text
During review of the PC Text Amendment, staff identified areas within the PC text that
could be altered to clarify the development regulations and ease implementation of
future development on the site. The changes are intended to make the PC Text "user -
friendly" and prevent the need for additional PC Text amendments. The proposed
changes are as follows:
• Heading No. 3 (Lot Area, Setbacks, and Floor Area Limit) has been added to
Section II (Development & Use Regulations) of the PC Text. This new heading
consolidates information contained in four other sections into a single list of
development standards. An additional `Perimeter Setback' exhibit was also
added to delineate all front and rear yard setback areas.
• The adopted PC Text incorporates a copy of the tract map and conditions of
approval into the body of the document. Conditions of approval are contained in
the resolution approving the tract map, and are not a typical element included in
a planned community text. Staff has, therefore, recommended that they be
removed from the PC Text along with the tract map. The conditions of approval
are included as an appendix to the "track changes" version of the PC Text;
however, they are for review purposes only, and are not proposed to be a part of
the final, approved PC Text.
Administrative Changes
The following administrative changes have also been incorporated into the amended PC
Text, tract map and /or conditions of approval:
Bayside Residential Planned Community
December 6, 2007
Page 5
• Because a CDP has now been approved for the project, references to the permit
(Coastal Development Permit 05 -06 -145) have been added to the PC Text and
tract map conditions where necessary and /or appropriate.
• "Lot F" has been added to the tract map to account for the portion of the property
lying between the edge of the cantilevered walkway and the southern boundary
of the tract. The inclusion of "Lot F" accounts for the slight increase in the total
acreage of the site (.14 -acre increase). This increase is reflected in the PC Text
and on the tract map.
• Numbering and grammatical errors have been fixed.
Find inas for ADDroval
Pursuant to the city subdivision code (Title 19), a number of findings are required for
approval of a tentative map. The findings deal primarily with General Plan and Local
Coastal Program consistency and conformance with the provisions of the state
Subdivision Map Act. Since no substantial changes to the tract map are proposed, staff
has determined that findings made for the original approval remain applicable to the
revised tract map. The proposed changes actually augment the project's conformance
with General Plan policies that discourage gated communities and Local Coastal
Program policies relating to provision of public access to the coastal areas.
Environmental Review
A Mitigated Negative Declaration was prepared and certified for the project. It was
determined that the project, with required mitigation measures, would have a less than
significant impact on the environment. The proposed changes to the PC Text and tract
map are minor in nature and do not change the project in any way that would result in
potentially significant environmental impacts beyond those analyzed in the certified
Mitigated Negative Declaration.
SUMMARY
Staff has reviewed the proposed changes to the PC Text and tract map and finds them
to be minor in nature and necessary 4o implement the conditions of the CDP. The
changes do not substantially change the design of the subdivision or the intent of the
PC Text and do not increase the density or intensity of the proposed development. Staff
therefore recommends that the Planning Commission adopt the attached resolution
recommending that the City Council approve Planned Community Text Amendment No.
2007 -004 and amend Newport Tract Map No. 2004 -001.
I
Bayside Residential Planned Community
December 6, 2007
Page 6
PUBLIC NOTICE
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Prepared by:
Bandon Nichols, Associate Planner
EXHIBITS
Submitted by:
David Lepo, Plaflng Director
1. California Coastal Commission "Notice of Intent to Issue Permit"
2. "Track Changes" Version of PC Text and Tract Map Conditions
(deletions crossed out and additions underlined)
3. Revised Newport Tract Map No. 2004 -001 (Tentative Tract Map No. 15323)
4. Resolution
fiWSERSIPLMSharedlPA'a1PAs - 20071PA2007- 1661Planning CommissionlPA2007 -166 PC stafreport.doc
I
Exhibit 1
California Coastal Commission
"Notice of Intent to Issue Permit"
w
• STATE OF CALIFORNIA - THE RESOURCES At, _NCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
PO Box 1450
200 Omngate, 101h Floor
Long Beach. CA 908024418 Date: March 1, 2007
(582) 590 -5071
www.coastal.ca.gov Permit Application No.: 5 -06 -145
Page: 1 of 16
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
THIS IS NOT A COASTAL DEVELOPMENT PERMIT
THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE
STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL
DEVELOPMENT PERMIT ( "CDP "). A Coastal Development Permit for the development
described below has been approved but is not yet effective. Development on the site
cannot commence until the CDP is effective. In order for the CDP to be effective,
Commission staff must issue the CDP to the applicant, and the applicant must sign and
return the CDP. Commission staff cannot issue the CDP until the applicant has
A list of all of the
for this permit is attached.
The Commission's approval of the CDP is valid for two years from the date of approval.
To prevent expiration of the CDP, you must fulfill the "prior to issuance" Special
Conditions, obtain and sign the CDP, and commence development within two years of the
approval date specified below. You may apply for an extension of the permit pursuant to
the Commission's regulations at Cal. Code Regs. title 14, section 13169.
On February 14, 2007, the California Coastal Commission approved Coastal
Development Permit No. 5 -06 -145, requested by UGS Development, Inc, Aft Tom
Utman subject to the attached conditions, for development consisting of:
Demolition of an existing 64 -unit apartment complex and creation of a parcel
map for 17 single - family residential lots. In addition, the project consists of
construction of a gated community [Gating not approved by the California
Coastal Commission. Refer to Special Conditions No. 1, 21 3, 4, and 6.1 with 17
custom single - family residences in accordance with height, setback and other
development standards identified in the Planned Community Text. The existing
vertical public access on site will be made ADA compliant and widened within the
existing easement to provide an 8 -foot wide concrete walkway. In addition, the
project proposes replacing an existing lateral access, consisting of an existing 6-
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 2 of 16
foot floating public walkway, with an 8 -foot landside ADA compliant walkway
such that 3 -feet of the walkway will be partially on land, with the remaining 5 -feet
cantilevered over the existing bulkhead. Grading will consist of 4,200 cubic yards
of cut, 4,600 cubic yards of fill and 400 cubic yards of import. The proposal also
establishes a limitation on use of an existing 34 -slip marina located seaward of the
new residential community. More specifically d--scribed in the application file in
the Commission offices. Commission staff will not issue the CDP until the "prior to
issuance" special conditions have been satisfied.
The development is within the coastal zone in 919 Bayside Drive, Newport Beach
(Orange County) 050- 442 -05, 050 - 383 -03.
If you have any questions regarding how to fulfill the "prior to issuance" Special
Conditions for CDP No. 5 -06 -145, please contact the Coastal Program Analyst
identified below.
Sincerely,
PETER M.
By: erni Sy
Co tal og am Analyst
Date: March , 2007
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this Notice and fully
understands its contents, including all conditions imp d.
S-3d -off
Date ' Permittee
Please sign and return one copy of this form to the Commission office at the
above address.
STANDARD CONDITIONS
Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
0
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 4 of 16
required by that permit has been approved by the Commission and any conditions of
amendment approval have been satisfied by the property owner.
2. REVISED PROJECT PLANS
A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,
the applicant shall submit, for the Executive Director's review and approval,
a revised Bayside Residential Planned Community (PC) Designation and
Development and Use Regulations (a.k.a. 'PC Text') and two (2) full size
sets of Revised Project Plans which conform with the requirements of the
special conditions of this permit and indicate the final layout of all
development including but not limited to lots, grading, streets, utilities and
easements, infrastructure, water quality management system, accessways,
signs, interpretive amenities, walls, fences, gates, and the maximum
footprint of residential structures on each lot and appurtenances.
B. All development shall conform with the required, revised Bayside Residential
Planned Community (PC) Designation and Development and Use
Regulations as required in paragraph A. Plans for development on each of
the 17- single - famliy residential lease lots do not need further review by the
Commission unless the said plans do not conform to the Bayside Residential
Planned Community (PC) Designation and Development and Use
Regulations approved by the Executive Director, in which case an
amendment to this permit would be required.
C. The permittee shall undertake development in accordance with the approved
final plans. Any proposed changes to the approved final plans shall be
reported to the Executive Director. No changes to the approved final plans
shall occur without a Commission amendment to this coastal development
permit unless the Executive Director determines that no amendment is
legally required.
3. OFFERS TO DEDICATE PUBLIC ACCESS AND RECREATIONAL USE
EASEMENTS
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the landowner(s)
shall execute and record document(s) in a form and content acceptable to the Executive
Director, irrevocably offering to dedicate to a public agency or non - profit entity acceptable
to the Executive Director, an easement for public pedestrian access and passive
recreational use of: (1) the areas of land identified as Lot "B" on the Tentative Parcel Map
prepared on December 4, 2002 and revised January 3, 2007 consisting of an on -land and
cantilevered walkway along the existing bulkhead along the North Channel (lateral
E
NUTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 3 of 16
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will
be resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to
bind all future owners and possessors of the subject property to the terms
and conditions.
SPECIAL CONDITIONS:
NOTE: IF THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT(S) BE
RECORDED WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE LEGAL
FORMS TO COMPLETE (WITH INSTRUCTIONS). IF YOU HAVE ANY QUESTIONS,
PLEASE CALL THE DISTRICT OFFICE.
1. EXISTING 6 -FOOT WIDE FLOATING ACCESS WALKWAY (LATERAL
ACCESS) -
Development that would in any manner obstruct, interfere with or adversely impact public
access to the existing 6 -foot wide floating walkway required by Coastal Development
Permit No. P- 11- 29- 73- 2313 - Extension- (McLain Development Company) is prohibited,
except for temporary closures to complete improvements to the vertical and lateral access
walkways as described in the Construction Development/PIna sing Plan approved by the
Executive Director pursuant to SPECIAL CONDITION NO. 7 of this permit, until such time
that an application to amend Coastal Development Permit No. P-11-29-73-2313-
Extension- (McLain Development Company) to modify and improve the lateral access
NLAQE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 5 of 16
access) and the ramp connecting the on -land and cantilevered walkway with the existing
floating walkway, but subtracting therefrom the areas of land already dedicated identified
on Grant of Easement executed on May 14, 1975 between the McLain Development
Company/The Irvine Company and the City of Newport Beach; and (2) the areas of land
consisting of a 6 -foot wide easement connecting Lot "E" to Lot "B" identified on the
Tentative Parcel Map prepared on December 4, 2002 and revised January 3, 2007.
The recorded document(s) described above shall reflect that development in the offered
area is restricted as set forth in the Special Conditions of this permit. The offers shall be
recorded free of prior liens and encumbrances that the Executive Director determines may
affect the interest being conveyed. The offers shall run with the land in favor of the
People of the State of California, binding all successors and assignees, and shall be
irrevocable for a period of 21 years, such period running from the date of recording.
The lands identified in these offers to dedicate shall be maintained in accordance with the
Management and Maintenance Program approved by the Executive Director in
accordance with SPECIAL CONDITION NO. 5.
4. OFFER TO DEDICATE PUBLIC STREETS AND SIDEWALKS
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the landowner(s)
shall establish to the Executive Director's satisfaction that the landowner(s) has dedicated
all streets and sidewalks within the subdivision which are the areas of land identified as
Lot "E" and a minimum 4 -foot wide sidewalk along the perimeter but outside of Lot "E" on
the Tentative Parcel Map prepared on December 4, 2002 and revised January 3, 2007, to
a public agency or non - profit acceptable to the Executive Director for public pedestrian,
bicycle and vehicular access and use.
5. PUBLIC ACCESS WALKWAYS MANAGEMENT AND MAINTENANCE
PROGRAM
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
permittee shall provide for the review and approval by the Executive
Director, a Management and Maintenance Program for the proposed public
access areas. The final program shall include the following:
(1) IDENTIFY ALL ENTITIES RESPONSIBLE FOR MANAGEMENT
AND MAINTENANCE. In general, the owner of the land shall
maintain the public access areas until such time as any easement
required to be offered by this permit is accepted. Where an
easement is accepted by an entity in accordance with the terms and
conditions of this permit, the holder of the easement shall be
6
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 6 of 16
responsible for management and maintenance of the facilities within
the easement unless the arrangements between the original
landowner and the easement holder dictate that the original
landowner shall retain all or part of said management and
maintenance responsibility. All management and maintenance shall
occur in accordance with the approved Management and
Maintenance Program.
(2) IDENTIFICATION OF MANAGEMENT AND MAINTENANCE
ACTIVITIES AND ASSOCIATED FUNDING PROGRAM. The
Management and Maintenance Program shall include identification of
management and maintenance activities including a funding program
that will provide for the actual cost of:
(a) maintenance and periodic repair and replacement of the public
access facilities and publicly accessible streets, sidewalks, and
walkways and associated appurtenances including, but not
limited.to, surfaces, fences, benches, landscaping, and
signage.
(3) LEGAL AUTHORITY. The program shall demonstrate the legal
ability of the assigned entities to undertake the development and
maintain said development in accordance with the requirements of
this permit.
B. The permittee shall undertake development in accordance with the approved
final program. Any proposed changes to the approved final program shall
be reported to the Executive Director. No changes to the approved final
program shall occur without a Commission amendment to this coastal
development permit unless the Executive Director determines that no
amendment is legally required.
6. PUBLIC ACCESS AND RECREATION REQUIREMENTS AND IMPROVEMENTS
A. Public Access Requirements
(1) Streets, Roads and Public Parking
All streets, roads and parking shall be provided as described on the
final. project plans approved by the Executive Director pursuant to
SPECIAL CONDITION NO. 2 of this permit except that all such
streets, roads and parking areas shall provide both public and private
1(o
NCB ?ICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 7 of 16
pedestrian, bicycle and vehicular access and parking. Parking shall
be provided as described in the applicant's Bayside Residential
Planned Community District Development Regulations. In addition,
all on- street parking areas shall be open for use by the general public
24 hours per day, with the exception of standard limited parking
restrictions for street sweeping /maintenance purposes. Long term or
permanent physical obstruction of streets, roads and parking areas
shall be prohibited. All public entry controls (e.g. gates, gate /guard
houses, guards, signage, etc.) and restrictions on use by the general
public (e.g. preferential parking districts, resident -only parking
periods /permits, etc.) associated with any streets or parking areas
shall be prohibited.
(2) Public Access Walkways
No development, as defined in Section 30106 of the Coastal Act,
shall occur within the public access corridor as approved by the
Executive Director pursuant to paragraph C of this condition except
for the following development: grading and construction necessary to
construct the public access walkways and appurtenances (e.g.
cantilevered walkway and ramp, signs, interpretive displays, benches,
trash receptacles, safety fencing that does not obstruct public views
or access), vegetation removal and planting, drainage devices,
erosion control and repair, maintenance and repair of the existing
bulkhead, maintenance and repair activities pursuant to and in
conjunction with the Management and Maintenance Program detailed
in SPECIAL CONDITION NO. 5 and as required below. Development
that diminishes permanent public access is prohibited. The public
access walkways shall be open to the general public for recreational
use 24 -hours per day.
The lands identified in this restriction shall be maintained in
accordance with the Management and Maintenance Program
approved by the Executive Director in accordance with SPECIAL
CONDITION NO. 5.
C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
permittee shall submit revised, final, detailed plans of the public access
walkways for review and approval by the Executive Director. Plans shall
identify all structures including location, dimensions, materials and colors,
and use as well as sign and interpretive display text and graphics, size and
orientation. All plans shall be of sufficient scale and detail to verify the
11
NOICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 8 of 16
location, size and content of all signage, and the location and orientation,
size, materials and use of structures during a physical inspection of the
premises. The final plans shall also comply with the following:
(1) Public Access Walkways: The final plans submitted for review and
approval to the Executive Director shall include detailed final public
access walkway plans. The detailed final walkway improvement
plans submitted shall be in substantial conformance with the
submitted April 17, 2006 plans identified above and as modified by
the conditions of this permit. Said plan(s) shall include walkway
alignment, width, surface and materials; recreational appurtenances
such as benches, and refuse containers.
(2) Sign Plan: The final plans submitted for review and approval to the
Executive Director shall include a detailed signage plan that directs
the public to the public access walkways on the project site. Signs
shall invite and encourage public use of access opportunities and
shall identify and direct the public to their locations. Signage shall
include facility identification /directional monuments (e.g. location of
amenities); informational signage and circulation; and roadways
signs. Signs and displays not explicitly permitted in this document
shall require an amendment to this permit unless the Executive
Director determines that no amendment is legally required.
D. The permittee shall undertake development in accordance with the approved
final plans. Any proposed changes to the approved final plans shall be
reported to the Executive Director. No changes to the approved final plans
shall occur without a Commission amendment to this coastal development
permit unless the Executive Director determines that no amendment is
legally required.
CONSTRUCTIONIDEVELOPMENT PHASING PLAN
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit two (2) copies of Final Construction /Development
Phasing Plan for review and approval by the Executive Director, which shall
conform to the following:
(1) The construction of the: 1) new ADA compliant landward lateral
access walkway comprised a 3 -foot wide on land component,
adjoining a 5 -foot wide segment cantilevered over the surface of the
water; 2) the ramp connecting the new partially on -land and
)�
NOtICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 4 of 16
cantilevered lateral access walkway with the existing floating
walkway; 3) the 6 -foot wide pathway within the residential community
that will connect to the partially on -land and cantilevered lateral
access walkway; and 4) enhancement of the existing 10 -foot wide
vertical access (from Bayside Drive to the bayfront along Promontory
Bay) walkway that will be made ADA compliant and will be widened to
provide a continuous, 8 -foot wide concrete walkway with a 2 -foot wide
landscaped planter shall be completed prior to occupancy of the first
single - family residence.
(2) The construction and improvements listed in the above paragraph 1
will be phased so that vertical and lateral access to the bay will
remain open and available to the public except for temporary closures .
to complete improvements to the vertical and lateral access walkways
as provided in the construction development/phasing plan approved
by the Executive Director.
B. The permittee shall undertake development in accordance with the approved
final construction/development phasing plans. Any proposed changes to the
approved final construction /development phasing plans shall be reported to
the Executive Director. No changes to the approved final plans shall occur
without a Commission amendment to this coastal development permit
unless the Executive Director determines that no amendment is legally
required.
8. IN -LIEU FEE .
A. The applicant or any successor(s) in interest to the subject property shall
pay a mitigation fee to the City of Newport Beach (herein "City "), in
accordance with the agreement required in subsection B below, in an
amount not less than $240.000.00, which shall be increased and /or
supplemented as necessary by the applicant or its successor(s) in interest to
be sufficient for the City to design, permit, and construct a public dock, with
not less than 100 -feet of wharfage area, for the short term /transient docking
of boats in Newport Harbor at the Rhine Channel Wharf, Newport Beach,
California. If the construction of the public dock becomes infeasible, the
applicant shall submit an application to amend the Coastal Development
Permit. The Executive Director shall determine if the project is infeasible
and if so, will make a determination identifying a different feasible project
appropriate for the use of this in -lieu fee.
19
NUiICE OF INTENT TO ISSUE PERM14
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 10 of 16
B. PRIOR TO THE ISSUANCE OF THIS COASTAL DEVELOPMENT
PERMIT, but only after the Executive Director of the Coastal Commission
has indicated, in writing, that the Commission has entered into an
agreement with the City (the "Agreement "), the applicant shall provide to the
City of Newport Beach, through a financial Instrument subject to the review
and approval of the Executive Director, a mitigation fee in an amount not
less than $240,000.00 as described in subsection A, payable to the City of
Newport Beach. This mitigation fee shall be used for the purposes
described in subsection A of this condition in accordance with the terms and
conditions of the Agreement, which, at a minimum, shall include the
following provisions: 1) the City of Newport Beach shall submit a final plan
for use of the funds to the Executive Director for review and approval within
24 months of the date on which the funds are transferred to the City; 2) the
final plan shall provide for construction and opening of the public dock within
36 months of approval of the final plan by the Executive Director; 3) the City
of Newport Beach must obtain all necessary regulatory permits and
approvals, including but not limited to a coastal development permit, for the
public dock prior to commencement of the project; 4) the funds must be
deposited in a separate and independent interest bearing account created
solely to manage the funds as well as provisions to limit the use of funds for
administrative costs (which shall not exceed 5% of the total funds
transferred to the City of Newport Beach); 5) the City must justify the need
for any funding in excess of the initial $240,000.00 necessary to complete
the project identified in the final plan and for the Executive Director to
demand such additional /supplementary funding from the applicant or its
successor(s) in interest as well as a methodology to resolve disputes; 6) the
public dock constructed pursuant to the Agreement shall continue to be
operated as a public dock in accordance with the terms of the Agreement,
whether the City of Newport Beach or another entity owns or operates the
.public dock; 7) a deadline not to exceed 10 years from the date of transfer of
the funds to the City by which the funds shall be used by the City to
complete the project identified in the final plan, along with provisions to
address any failure to complete the project, including but not limited to,
transfer of the funds to an alternate entity able to implement the final plan,
or, if approved by an amendment to this coastal development permit, to
apply the funds to an alternative project that provides public boating related
recreational opportunities in the City of Newport Beach.
,E
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 1 1 of 16
9. CONSTRUCTION BEST MANAGEMENT PRACTICES
The applicant shall comply with the following construction- related requirements:
A. The permittee shall comp) i with the following construction- related
requirements:
(1) No construction materials, debris, or waste shall be placed or stored
where it may be subject to wave, wind, rain, or tidal erosion and
dispersion;
(2) Any and all debris resulting from construction activities shall be
removed from the project site within 24 hours of completion of the
project;
(3) Construction debris and sediment shall be removed from construction
areas each day that construction occurs to prevent the accumulation
of sediment and other debris which may be discharged into coastal
waters;
(4) Erosion control /sedimentation Best Management Practices (BMP's)
shall be used to control dust and sedimentation impacts to coastal
waters during construction. BMPs shall include, but are not limited to:
placement of sand bags around drainage inlets to prevent
runoff /sediment transport into coastal waters; and
(5) All construction materials, excluding lumber, shall be covered and
enclosed on all sides, and as far away from a storm drain inlet and
receiving waters as possible.
(6) Machinery or construction materials not essential for project
improvements will not be allowed at any time in the intertidal zone.
(7) If turbid conditions are generated during construction a silt curtain will
be utilized to control turbidity.
(8) Floating booms will be used to contain debris discharged into coastal
waters and any debris discharged will be removed as soon as
possible but no later than the end of each day.
Al
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 12 of 16
(9) Non - buoyant debris discharged into coastal waters will be recovered
by divers as soon as possible after loss.
B. Best Management Practices (BMPs) designed to prevent spillage and/or
runoff of construction- related materials, sediment, or contaminants
associated with construction activity shall be implemented prior to the on -set
of such activity. Selected BMPs shall be maintained in a functional condition
throughout the duration of the project. Such measures shall be used during
construction:
(1) The applicant shall ensure the proper handling, storage, and
application of petroleum products and other construction materials.
These shall include a designated fueling and vehicle maintenance
area with appropriate berms and protection to prevent any spillage of
gasoline or related petroleum products or contact with runoff. It shall
be located as far away from the receiving waters and storm drain
inlets as possible;
(2) The applicant shall develop and implement spill prevention and
control measures;
(3) The applicant shall maintain and wash equipment and machinery in
confined areas specifically designed to control runoff. Thinners or
solvents shall not be discharged into sanitary or storm sewer
systems. Washout from concrete trucks shall be disposed of at a
location not subject to runoff and more than 50 feet away from a
stormdrain, open ditch or surface water; and
(4) The applicant shall provide adequate disposal facilities for solid
waste, including excess concrete, produced during construction.
10. LOCATION OF DEBRIS DISPOSAL SITE
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall
identify in writing, for the review and approval of the Executive Director, the location of the
disposal site of the demolition and construction debris resulting from the proposed
development. Disposal shall occur at the approved disposal site. If the disposal site is
located in the coastal zone a coastal development permit or an amendment to this permit
shall be required before disposal can take place.
a'-;�
- - 1
NUTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 13 of 16
11. SUBMITTAL OF A FINAL WATER QUALITY MANAGEMENT PLAN (WQMP)
A. PRIOR TO THE ISSUANCE OF A COASTAL DEVELOPMENT PERMIT,
the applicant shall submit, for review and approval of the Executive Director,
two (2) copies of a Final Water Quality Management Plan. The Final Water
Quality Management Plan shall include, but is not limited to:
(1) Design elements that serve to minimize directly connected impervious
area and maintain permeable space within the development shall be
incorporated where feasible. Options include the use of alternative
design features such as concrete grid driveways and /or pavers for
walkways, and /or porous material for or near walkways and
driveways;
(2) Sweep streets with a vacuum regenerative sweeper a minimum of
one time per week;
(3) Installation of catch basin inserts or vegetative or other media
filtration devices effective at trapping and /or mitigating contaminants
such as petroleum hydrocarbons, heavy metals and particulates, in
addition to trash and large debris. Selected BMPs (or suites of BMPs)
shall be designed to treat, infiltrate or filter the stormwater runoff from
each runoff event up to and including the 85th percentile, 24 -hour
runoff event for volume based BMPs and /or the 85th percentile, 1 hour
event, with an appropriate safety factor, for flow -based BMPs;
(4) The filtration devices should be maintained in accordance with the
manufacturer's specifications. Also, routine maintenance should take
place, including inspection and regular cleaning of approved BMPs, to
ensure their effectiveness prior to, and during, each rainy season
from October 15th through April 30'h of each year. Debris and other
water pollutants contained in BMP device(s) will be contained and
disposed of in a proper manner on a regular basis. All BMP
traps /separators and /or filters must be cleaned prior to the start of the
winter storm season, no later than October 15th each year. The
BMP's shall be maintained to uphold their functionality.
B. The permittee shall undertake development in accordance with the approved
final plans. Any proposed changes to the approved final plans shall be
reported to the Executive Director. No changes to the approved final plans
shall occur without a Commission amendment to this coastal development
23
NbfICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 14 of 16
permit unless the Executive Director determines that no amendment is
legally required.
12. LANDSCAPING GUIDELINES
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the review and approval of the Executive Director,
two (2) copies of Landscaping Guidelines that shall be used to direct
landscaping within the residential community that demonstrate the following:
(1) The Landscaping Guidelines shall include the following:
(a) A Landscape Palette Plant List from which all landscaping
shall be selected which shall consist of native and /or non-
native drought tolerant non - invasive plant species. No plant
species listed as problematic and /or invasive by the California
Native Plant Society, the California Invasive Plant Council, or
as may be identified from time to time by the State of California
shall be employed or allowed to naturalize or persist on the
site. No plant species listed as a 'noxious weed' by the State
of California or the U.S. Federal Government shall be utilized
within the property. Any existing landscaping that doesn't
meet the above requirements shall be removed.
(b) Requirements that all planting shall provide 90 percent
coverage within 90 days and shall be repeated if necessary to
provide such coverage;
(c) Requirements that all plantings shall be maintained in good
growing condition throughout the life of the project, and
whenever necessary, shall be replaced with new plant
materials to ensure continued compliance with the landscape
plan;
(d) Requirements that of each residential lot shall be completed
within a timely manner.
(2) The Landscaping Guidelines shall be incorporated into the CC &R's
as required by SPECIAL CONDITION NO. 14. Landscape Plans for
the common areas and each of the 17- single - famliy residential lease
lots do not need further review by the Commission unless the said
landscape plans do not conform to the final Landscape Palette Plant
o1
NUtICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 15 of 16
List approved by the Executive Director, in which case an amendment
to this permit would be required.
B. The permittee shall undertake development in accordance with the approved
plan. Any proposed changes to the approved final plan shall be reported to
the Executive Director. No changes to the approved final plans shall occur
without a Commission amendment to this coastal development permit
unless the Executive Director determines that no amendment is legally
required.
13. CONFORMANCE WITH GEOTECHNICAL RECOMMENDATIONS
A. All final design and construction plans, including foundations, grading and
drainage plans shall be consistent with all recommendations contained in
Geotechnical Investigation, Proposed 19 custom Single - Family Lots (North
Bay), 919 Bayside Drive, Tentative Tract 15323, City of Newport Beach,
Orange County, California (J.N. 639 -04) prepared by Petra Geotechnical
Inc. dated December 6, 2004. No changes to the approved plan shall occur
without a Commission amendment to this coastal development permit
unless the Executive Director determines that no amendment is legally
required.
B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the Executive Director's review and approval,
evidence that an appropriately licensed professional has reviewed and
approved all final design and construction plans and certified that each of
those final plans is consistent with all the recommendations specified in the
above - referenced geologic engineering report.
C. The permittee shall undertake development in accordance with the approved
final plans. Any proposed changes to the approved final plans shall be
reported to the Executive Director. No changes to the approved final plans
shall occur without a Commission amendment unless the Executive Director
determines that no amendment is legally required.
14. COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&R'S)
A. The applicant shall establish covenants, conditions and restrictions
(CC &R's), or an equivalent thereof, for the proposed residential community
to address ownership and management of all subdivision streets, sidewalks,
public walkways, and common landscaped areas. The CC &R's shall reflect
a5
NOtICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: March 1, 2007
Permit Application No.: 5 -06 -145
Page 16 of 16
all applicable requirements of this coastal development permit, including but
not limited to the limitations on the public access walkway facilities.
B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, and
prior to recordation of any CC &R's associated with the approved project,
proposed version of said CC &R's shall be submitted to the Executive
Director for review and approval. The Executive Director's review shall be
for the purpose of ensuring compliance with the standard and special
conditions of this Coastal Development Permit, including ensuring that,
pursuant to paragraph A of this condition, the CC &Rs also reflect the
ongoing restrictions and obligations imposed by these conditions. The
restriction on use of the land cited within the special conditions of this permit
shall be identified in the CC &R's.
C. The permittee shall record the covenants, conditions and restrictions
approved by the Executive Director, against the property. The applicant
shall submit a recorded copy of the covenants, conditions and restrictions
within 30 days of their recordation to the Executive Director. The CC &R's
may not be modified in a manner that would render them inconsistent with
any provision of this permit or of any plan or other document approved by
the Executive Director pursuant to the conditions of this permit. Any change
that would not create a direct conflict between the CC &R's and the
provisions of this permit or of any approved plan or other document shall be
submitted to the Executive Director, in writing, for a determination as to
whether such change requires approval of the Coastal Commission. If the
Executive Director indicates that Commission approval is required, no such
change shall occur until such approval is secured. Otherwise, no Coastal
Commission approval shall be required. The CC& R's shall indicate these
restrictions within their terms.
15. ATTORNEY'S FEES
Liability for Costs and Attorneys Fees: The Permittee shall reimburse the Coastal
Commission in full for all Coastal Commission costs and attorneys fees — including (1)
those charged by the Office of the Attorney General, and (2) any court costs and attomeys
fees that the Coastal Commission may be required by a court to pay -- that the Coastal
Commission incurs in connection with the defense of any action brought by a party other
than the applicant against the Coastal Commission, its officers, employees, agents,
successors and assigns challenging the approval or issuance of this permit, the
interpretation and /or enforcement of permit conditions, or any other matter related to this
permit. The Coastal Commission retains complete authority to conduct and direct the
defense of any such action against the Coastal Commission.
2+
Exhibit 2
"Track Changes" Version of PC
Text and Tract Map Conditions
)1
NORTH BAY ROAD BY
j919 BAYSIDE DRIVES per, ", ''rPAarMEM
Bayside Residential CITY OF,
Planned Community District
Development Regulations
Newport Beach, California
Adopted by Ordinance No. 2885 - insert date>
latest Revision: 11129107, 5: l9 PM
Al
TABLE OF CONTENTS
Bayside Residential Planned Community District Regulations
(Note: Passe Numbers will change in the clean copy)
Introduction........................................................................... ............................... 1
ProjectDescription ............................................................... ............................... 1
Section I Statistical Analysis ............................... ............................... 6
Section II Development and Use Regulations ..... ............................... 6
List of Figures
Figure I General Site Location .......................... ............................... 4
Figure 11 Land Use Plan ..................................... ............................... 5
Figure III 24e PIWTG^ +� +;••o TM^4- M.. Perimeter Setback Exhibit2512
Figure IV Districting Map ................................ ............................... 2613
Appendix Conditions of Approval for Tentative Tract 15323............14
INTRODUCTION
The subject of this document is a 3- 924.09 -acre parcel on Bayside Drive that has been
designated as "Bayside Residential Planned Community District" on the Districting Map
for the City of Newport Beach. The designation was adopted to allow subdivision of
the parcel into no more than 17 single - family lots and subsequent construction of custom -
designed, luxury homes. The Bayside Residential Planned Community District
designation and 'Bayside Residential Planned Community District Development
Regulations" have been adopted consistent with Chapter 20.35, "Planned Community
District', of the Newport Beach Zoning Code.
The project site is designated Multi - Family Residential in the Land Use Element of the
General Plan. This designation permits both single - family and multiple - family dwellings;
however the Bayside Planned Community does not permit more than one units per
number lot within the subdivision. The 3924.09 -acre parcel will be developed consistent
with the General Plan and with regulations set forth herein and with all applicable
ordinances, standards, and policies of the City of Newport Beach.
All terms within this document shall be defined herein or they shall derive their meaning
from the Newport Beach General Plan and/or Municipal Code. Where this document is
in conflict with similar provisions of the Municipal Code, this document shall control.
Where this document does not address a particular land use, zoning or development
issue, the Municipal Code shall control. Nothing within this document shall be construed
to relieve any party from compliance with all applicable laws, guidelines, policies of the
Newport Beach Municipal Code.
The subject property is located within the Coastal Zone and development pursuant to
this PC Text will require compliance witha Coastal Development Permit 05 -06 -145
issued by -fFam the California Coastal Commission.
The general site location and land use plan for the subject property are set forth in
Figure 1 and Figure 2.
PROJECT DESCRIPTION
The Promontory Bay area of Ne*-nrport Beach is bounded by Newport Bay, Marine
Avenue /Jamboree Road and East Coast Highway where the project site is generally
located. The Bayside Residential Planned Community District is within this area and is
located on the south side of Bayside Drive between Promontory Channel, Newport Bay
and the Cove Condominiums across from a neighborhood retail shopping center
(Bayside Center) anchored by a supermarket. The Cove Condominiums (multiple - family
residential dwellings) are located to the east of the subject property.
Vehicular access to the planned community is provided from Bayside Drive by a single
gated access. A bulkhead provides sufficient water depth at the south property line for
31
34 private boat docks and access to the North Channel of Newport Bay. A twelve -foot
wide sidewalk/bike path adjoins the property frontage at Bayside Drive.
An existing 10- foot -wide irrevocable public access easement extends from Bayside Drive
along the westerly boundary of the planned community to the waterfront at the North
Channel of Newport Bay. Redevelopment of the subject property pursuant to this
Planned Community text requires reconfiguration and reconstruction of improvements
within this easement to improve public pedestrian access to the waterfront. These
include a new 8 -foot wide sidewalk and a two -foot wide landscaped planter. The
easement includes a viewing platform at the southwest corner of the planned community.
A 6 -foot wide gangplank extended from the viewing platform to a 6- foot -wide floating
walkway parallel to the waterfront at the time of development approval. Development of
the property pursuant to the Planned Community text includes removal of the gangplank
and dedication of an 8 -foot -wide public access easement parallel to the waterfront at the
North Channel. This 8 -foot wide easement is comprised of a 3 -foot wide, on -land
component adjoining a 5 -foot wide segment cantilevered over the surface of the water.
The width of each easement component is measured from the centerline of the existing
bulkhead. Development of the property is conditioned upon construction of an 8 -foot
wide sidewalk on this easement. Both the easement and the walkway extend from the
existing, on -land easement along Promontory Bay along the westerly property line of the
subject parcel to the easterly property line.
An easement to accommodate a ramp and walkway segment (Americans with Disability
Act - compliant) outside the boundaries of the Tentative Tract Map are shown on the
Tentative Tract Map iFlGludegs 15323. Dedication of the easement and
construction of the ramp are conditions of project approval. The easement and ramp
extend from the bulkhead walkway to the easterly end of the existing floating walkway at
the project site where the walkway continues along the waterfront at the Cove
Condominium property to the east. The easement and walkway provide unobstructed
public access to the waterfront. The ramp will also provide access to the private boat
docks.
The 3:924.09 -acre project site is to be developed as a gate- community of custom -
designed, single - family homes. Newport Tentative Tract Map No. 2004 -001 (Tract
15323) was approved with this PC Text and accommodates creation of no more than 17
single - family lots represented as numbered lots on the Tract Map. All lettered lots are in
common and are intended to accommodate common amenities and other improvements
and are not developable for residences.
Common area facilities include the pFi:ate a streetd4veway providing access to all lots, a
recreation lot which may include a pool, and landscaped areas. A 6 -foot wide fire access
easement, that must remain PUBLIC, open and unobstructed at all times, connects the
pFivate -loop roadto a gaRgplap.k and to the walkway at the beat deGks. to the public
walkway.
2 3A
AV
apaFtmep.t and GenderAffinium remm immediate aFea. Adoption of the
PC designation and text provided the City the means to maintaining and enhancing
public access to the waterfront. Development standards incorporated in the PC Text
accommodate residential development consistent with the General Plan Multi- Family
designation, yet of reduced scale than might otherwise be allowed, as a suitable
transition from Bayside Drive to the waterfront,:
3 33
VICINITY MAP
NORTH BAY ROAD - T.M. 15323
PLANNED COMMUNITY DISTRICT
ADAMS • STREETER
CIVIL ENGINEERS, INC.
15 Corporate Park, Irvine, CA 92606
Ph, (949) 474-2330 Fm(949)474 -0251
NOT TO SCALE CONTACT: FELIX GONZALEZ
11
A
SINGLE
FAMILY
DETACHED
RECREATIONAL
& MARINE
COMMERCIAL
LAND USE PLAN
NORTH BAY ROAD — T.M. 15323
PLANNED COMMUNITY DISTRICT
MULTI — FAMILY
RESIDENTIAL
O
O
z
O
■r
0.
I
NOT TO SCALE
RETAIL & SERVICE
COMMERCIAL
eArs�o�
i
_ I
ORa I
PC SINGLE FAMILY RESIDENTIAL
T.M. 15323
WATERWAY
EXIST. DOCKS
FIG, II
MULTI - FAMILY
RESIDENTIAL
ADAMS • STREETER
CIVIL ENGINEERS, INC.
15 Corporate Pork. Irvine. CA 92606
Ph: (949) 474 -2330 fax: (949) 474 -0251
CONTACT: NARK NaIVEN
5 ?�
SECTION 41 STATISTICAL ANALYSIS
I. Area of Doveloument
Total Area: 4.09 Acres
2. Site Area and Usage
LOT SUMMARY
LOT
DESCRIPTION
ACREAGE
iui
RESIDENTIAL
2.74 Ac.
LOT A
RECREATIONAL
0.13 Ac.
LOT B
PUBLIC PEDESTRIAN INGRESS/ EGRESS W ITH
AN EASEMENT DEDICATED TO THE CITY
0.20 Ac.
NN
E
PUBLIC FncAeENT FOR OPEN SPACE -/
LANDSCAPE WITH AN EASEMENT FOR/
SIDEWALK/PUBLIC ACCESS DEDICATED TO
THE CITY
0.06 Ac.
LOT D
WO
0.07 Ac.
LOT E
oI B IG EACEneEnIT rno PRIVATE STREET AND
SIDEWALKS WITH AN EASEMENT TO BE
DEDICATED TO THE CITY FOR PUBLIC ACCESS
0.72 Ac.
2. Site Area and Usage
SECTION II DEVELOPMENT & USE REGULATIONS
Permitted Uses
A. Single- family, detached dwellings
B. Accessory structures (i.e. garages, gazebos, barbeques, fences, walls, etc.)
C. Recreation facilities ancillary to residential uses
D. Model homes and on -site sales office
E. Home occupations pursuant to the Zoning Code
6 36
LOT SUMMARY
LOT
DESCRIPTION
ACREAGE
LOTS 1 -17
RESIDENTIAL
2.74 Ac.
LOT A
RECREATIONAL
0.13 Ac.
LOT B
PUBLIC PEDESTRIAN INGRESS/ EGRESS W ITH
AN EASEMENT DEDICATED TO THE CITY
0.20 Ac.
LOT C
E
PUBLIC FncAeENT FOR OPEN SPACE -/
LANDSCAPE WITH AN EASEMENT FOR/
SIDEWALK/PUBLIC ACCESS DEDICATED TO
THE CITY
0.06 Ac.
LOT D
OPEN SPACE/ LANDSCAPE
0.07 Ac.
LOT E
oI B IG EACEneEnIT rno PRIVATE STREET AND
SIDEWALKS WITH AN EASEMENT TO BE
DEDICATED TO THE CITY FOR PUBLIC ACCESS
0.72 Ac.
AND PUBLIC UTILITIES
LOT F
WATER FRONT WITH AN EASEMENT FOR
PUBLIC ACCESS DEDICATED TO THE CITY
0.14 Ac.
LOT G
PI I IG FAR- EMENT FOR WATER FIRE ACCESS
0.03 Ac.
PEN
SPACE/LANDSCAPE WITH AN EASEMENT FOR
A SIDEWALK/PUBLIC ACCESS, FIRE ACCESS
AND PUBLIC UTILITIES DEDICATED TO THE
CITY
TOTAL
4.09 Ac.
SECTION II DEVELOPMENT & USE REGULATIONS
Permitted Uses
A. Single- family, detached dwellings
B. Accessory structures (i.e. garages, gazebos, barbeques, fences, walls, etc.)
C. Recreation facilities ancillary to residential uses
D. Model homes and on -site sales office
E. Home occupations pursuant to the Zoning Code
6 36
2. Intensity of Development
Maximum permissible number of units: 17 single - family, detached
dwellings
(Due to an error in numbering in the originally approved Planned Community
District Regulations, there is no 3. in the original SECTION 11)
" ""6^i°'- "" ' at e. °a (Incorporated into 3. below)
(Incorporated into 3. below
(Incorporated into 3. below)
MINORMrt
37
7. aUlir Incorporated into 3. below)
A inirnum
AAaNirnarra MAXIMUM
��a
Lot I at Area
Buildable FIeeF
a AFea
Dent
Side
Pow
4 6360
4;848 7384
35'4
5•114
400
2 5449
3,7-2 5354
28'
S!
40!
3 40,754
61238 10,902
45'$
5!
408
4 7388
4,449 31436
2v
S!
e
5 8347
6,424 84W
2v
e
0
6 616W
3,740 6;545
2v
S!
0
7 8,25
4,899 8,673
2v
5!
5P
8 61608
31449 6,386
2v
5:
e
8 g,-48
4,666 6;466
20
S!
9!"
48 7,55
4;143 7,96
2&a
5-
5•'819
44 61408
3,440 91-1-M
2&a
5-
e
42 61808
3340 6-I M
20
V
e
43 6800
3;327 6322
20
5'F40'
v
44 6;728
3,564 6;237
20
6948
e
45 8,409
3356 6,748
45 29-''�
5-s
484
46 6348
3354 6149
201
40
47 5;888
3364 5387
201
40
The footnotes below are being deleted but the Track Changes format won't allow it to show as deleted
' Lot area less minimum front, side, and rear yard areas
2 1.75 X Maximum buildable area and not including maximum 400 sq. ft. attributable to required, enclosed
parking
3 Minimum 18' required between face of garage wall and back of curb
4 Minimum 20' front yard if merged with Lot 2
5 Lots 1, 15, 16, & 17, minimum 10' yard required parallel to Bayslde Drive and measured from the respective landscape
Lot "C" or Lot "D ".
6 Minimum 10' side yard required between building wall and easterly tract boundary.
7 Water -side yard deemed "front yard" for Lots 3 —15 (see Tract Map)
8 Minimum 5' rear yard required between each one -story building wall and curbside property line;
minimum 10' rear yard required between each two -story building wall and curbside property line.
9 Minimum 5' side yard required adjacent to "Fire Access Easement" shown on Tract Map
10 Minimum 5' side yard adjacent to "pedestrian access easement" on Tract Map
11 Minimum 20' required at southerly 55' of front yard; minimum 15' required at northerly 42' per Tract Map
8
Jo
3. Lot Area, Setbacks and Floor Area Limit
each two -story building wall and the front property line.
d. A minimum of 18 feet is required between the face of the garage door and the
front property line.
f. Maximum buildable area shall be the lot area less the minimum front side and
rear vard setbacks.
6:4. Building Height
The baseline for measuring height shall be finished grade. The maximum
permissible height of any dwelling shall be 28 feet to the mid -point of a sloping roof
or to the top of a flat roof. The peak of a sloping roof shall not exceed 33 feet. If a
roof -top deck is proposed, the height of any protective railing shall be no higher than
28 feet. The maximum permissible height of any accessory structure shall be 12
feet.
&5. Building Pad Elevations
Building pads adjacent to the bulk -head along Newport Channel may be raised to
elevations as shown on Tentative Tract Map 2004 -001 (TRACT 15323) approved in
conjunction with adoption of this text.
40-6. Vehicular Access
provided by a pti - ate 10, ay that shall Gemply with Gity Geupeil PeliGy L 4 9xGW
that sffidAwnlk
The minimum width of the publicly accessible,
privately owned and maintained private dFiveway6streets and drives shall be 36 feet
measured curb to curb when parking is allowed on both sides of the private
drivewaystreet and 32 feet curb to curb when parking is allowed on one side or no
parking is allowed. Curb -side parking spaces within en--Lot "E" shall be 8' x 22'
minimum.
9 �9
41.7. Parking
The size of open and enclosed parking spaces and areas shall be as specified by
the residential parking standards contained in the Newport Beach Zoning Code.
A minimum of two (2) garage parking spaces shall be provided per dwelling. In
addition, a minimum of two parking spaces (side -by -side, not tandem) shall be
provided on the driveway-appreaGh to each garage of each single - family dwelling. A
total of 19 curb -side parking spaces shall be provided on the sGRvpA -, treet pFivate
driveway that provides access to each buildable lot.
42.8. Signs
All signs shall conform to4he all applicable sign standards of the Municipal Code. A
sign program for the Bayside Planned Community, consistent with Coastal
Development Permit 05 -06 -145, shall be submitted pursuant to Section 20.67 of the
Zoning Code for review and approval by the Planning Director.
48:9. Lighting
All lighting within the development shall be implemented and maintained in
accordance with applicable City Standards and shall be designed and maintained in a
manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be
limited to that necessary for security. All plans for lighting shall be prepared and
signed by a licensed electrical engineer and shall be subject to review and approval
of the Planning Director.
4 A0. Fences. Hedges and Walls
Fences, hedges and walls shall be limited to three (3) feet in height in all front yard
s setbacks and within rear yard setbacks of the waterfront lots (3 -15). and in the
. Fences, hedges, and walls shall be limited
to six (6) feet in height in all other rear yards, and side yards, including the perimeter
wall at Bayside Drive.
Exception: Hedges along the perimeter wall along Bayside Drive shall be limited to
twelve (12) feet in height.
Exception: Open -work walls and fences that are ninety - percent of the wall plane
open (wrought iron in combination with pilaster) up to a maximum of six (6) feet in
height are permitted at the side property line of each waterfront lot (Lots 3 -15) and
extending into the rear yard from the setback line to the watertfront property
line.
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Wails that extend in the same plane as the front (ssmmen driveway street -side) wall
of a dwelling into a required side yard for purposes of enhancing the entrance of an
entry courtyard may be up to twelve (12) feet in height.
45.11. Arbors and Trellises
Arbors and trellises may project into front ands abutting the ssmmsn driveway
street provided no such structure is closer than four (4) five 5 feet to the property
line. The footprint area of such structures shall not exceed forty (40) square feet
with a maximum height of ten- twelve (4812) feet. Arbors and trellises must be at
least 50% open.
46.72. Barbeques
Freestanding barbeques may project into all residential side yards, inte rear yards
7\ d front a d F ..! rf ! (Let
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e non watts refit lets (Lots 1, 2, 16-4 �-o-y :moo o� ..,,.,,..,ant- I°��eb-
46)- provided a minimum distance of feur-{4 }five 5 feet is maintained between the
barbeques and the respective side;and rear, or-front property lines. No barbeque
including chimney may exceed five (5) feet in height. BaFbeques shall be IeGatedd
so as net to impede emergenGy arGess.
413. Structures in Common Areas
Freestanding structures such as entry arbors, trellis, and colonnades are permitted
in common areas. Said structures are limited to twelve (12) feet in height. Entry
arbors, trellises, and colonnades must be at least 50% open and shall be located
at least feuFFive 454) feet from the nearest property line or lines.
Freestanding fireplaces or barbeques in common areas are permitted with a
requirements of the Uniform Building Code. Fireplaces and barbeques must be
located at least four (4) feet from the nearest property line or lines.
414. Maintenance of Public Access
Maintenance of all public access as required by Coastal Development Permit 05 -06-
145 shall be provided by the Homeowner's Association.
15. Ownership and Maintenance of Streets
with an easement granted to the City of Newport Beach for permanent 24 -hour
Public vehicular and pedestrian access per Coastal Development Permit 5-06 -145
and as shown on Tentative Tract Map No. 15323.
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P TER SETBACK EXHIBIT
NORTH BAY ROAD — T.M. 15323
CITY OF NEWPORT BEACH
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FIG. III CIVIL ENGINEERS, INC.
15 Carparate Park, Irvine, CA 92606
Ph: (949) 474 -2570 Fax: (949) 474 -0251
CONTACT: VARK NGOIEN
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S€r410144 i-APPENDIX CONDITIONS OF APPROVAL for Tentative Tract 15323
The following conditions shall apply to all development pursuant to the Bayside Planned
Community Development Regulations and are adopted as conditions of approval of
Tentative Tract Map No. 2004 -001 (Tract 15323):
Water service to the Planned Community will be furnished by the City of Newport
Beach. Each dwelling unit/building shall be served with an individual water service
lateral connection to the public water system unless otherwise approved by the
Public Works Department and the Building Department.
Sewage disposal service facilities to the Planned Community will be provided by
the City of Newport Beach and the Orange County Sanitation District. Each
dwelling unit/building shall be served with an individual sewer service lateral
connection to the public sewer system unless otherwise approved by the Public
Works Department and the Building Department.
3. Grading and erosion control shall be carried out in accordance with the provisions
of Coastal Development Permit 05 -06 -145, and the City of Newport Beach Grading
Ordinance and shall be subject to permits issued by the Building and Planning
Departments.
4. The developer shall comply with the City's water quality and on -site non -storm
runoff retention requirements by the preparation and approval by the City of a
Stormwater Pollution Prevention Plan (SWPPP }, consistent with Special Condition
9 of Coastal Development Permit 05 -06 -145. Existing drainage outlets within the
existing bulkheads that discharge on -site runoff into the Bay shall be modified to
meet the City's on -site runoff water quality requirements.
5. Fire equipment access walkways, streets, gangplanks, and dock ways shall be
designed to meet exiting and fire protection requirements as specified by the
Uniform Building Code and shall be subject to review and approval by the City
Newport Beach Building and Fire Departments.
6. Street, drainage and utility improvements shall be submitted on City standard
improvement plan formats. All of the plan sheets shall be prepared by California
licensed professionals responsible for the designs shown on the Plans.
7. All improvements authorized by Coastal Development Permit 05 -16 -145 shall be
8. The California Vehicle Code shall be enforced on the publicly accessible. privately
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owned and maintained rate- streets and drives, and delineation acceptable to the
Police Department and Public Works Department shall be provided along the
sidelines of the p0vate streets and drives.
9. Curb -side collection of refuse shall be subject to City of Newport Beach approval.
10. The design of public access improvements shall provide for full public access 24-
hours a day, 7 -days a week to 100% of the bay frontage along Promontory Bay
Channel and Balboa Channel. The existing walkway along the Promontory Channel
shall be improved to provide a minimum width of eight (8) feet unobstructed
passage and a raised planter, two feet in width, extending the length of the
walkway. A new, on -land and cantilevered public walkway along the water front
shall be eight (8) feet clear and shall be constructed to meet all ADA standards as
shall the new ramp connecting this walkway with the existing floating walkway.
11. A 12 -foot wide concrete sidewalk/bike path behind the street curb face shall be
provided along the Bayside Drive frontage.
12. All on -site common area improvements such as parks, docks, erg gates and entry,
all on -site drainage, sanitary sewer, water, and electrical systems shall be owned or
leased, operated and maintained by the HOA.
13. All overhead utilities serving the P -C shall be made underground.
14. The developer shall be required to submit a sign plan for review by the Planning
Department for conformity with Chapter 20.67 of the Zoning Code. The sl an plan
shall be consistent with Special Conditions 5 and 6 of Coastal Development Permit
05 -06 -145. The sign plan shall include informational signs at the access to Lot B
from Bayside Drive right -of -way, at the juncture of the Promontory Bay accessway
on Lot B with the on -land and cantilevered accessway along the Bay, and at the
location where the prolongation of the easterly property line of the subject property
intersects with the floating dockway clearly identifying such improvements as public
walkways and inviting pedestrians. Sign text and graphics are subject to review and
approval of the Planning Director.
15. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the Planned Community District
Regulations.
16. The development shall be in substantial conformance with the approved Tentative
Tract marked Attachment 4 to the City Council Staff Report for PA 2004 -072 dated
FebmaryMarch 14, 2006:, and approved by Coastal Development Permit 05 -06 -145.
17. The applicant is required to obtain all applicable permits from the City Building and
Fire Departments.
18. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
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Use Permit.
19. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
20. Should this site be sold or otherwise come under different ownership or be operated
by a different entity than the applicant, any future owners, assignees or operators
shall be notified of the conditions of this approval by the current owner or leasing
company.
21. No dwelling other than one, single - family, detached dwelling may be constructed on
any buildable lot created by Tentative Tract Map 153236=. No dwelling may
exceed a height of twenty -eight (28) feet as measured consistent with Municipal
Code Section 20.65.030, "Measurement of Height ". For this purpose, "grade" shall be
the respective pad elevations shown on the Tentative Tract Map. These restrictions
shall be included in the Conditions, Covenants, and Restrictions (CC &R's) which
shall be prepared and recorded with the County Clerk at the time a Final Map is
recorded.
22. Boat slips fronting the project site shall be operated as a residential marina for the
47-- residential leaseholds of the Bayside Residential Planned Community. The slips
shall not be rented to anyone who is not a resident of the Bayside Residential
Planned Community. These restrictions shall be noted en the FiRal Map and
incorporated into Conditions, Covenants, and Restrictions (CC &R's) which shall be
prepared and recorded with the County Clerk, at the tome a Anal Map is FeGerded-.
23. The applicant shall prepare architectural guidelines that will apply to the design of
all dwellings proposed for construction on lots created by Tentative Tract Map
15323 approved together with this Use Permit. The architectural guidelines shall be
subject to review and approval of the Planning Director. The architectural guidelines
shall be incorporated into Conditions, Covenants, and Restrictions (CC &R's) which
shall be prepared and recorded with the County Clerk at the time a Final Map is
recorded. The CC &R's shall require that all dwellings and improvements comply
with the architectural guidelines.
24. The applicant shall prepare plans for construction of public access improvements on
_ot B including the public walkway improvements along Promontory Bay, the on -land
and cantilevered walkway along the existing bulkhead, the ramp connecting the on-
land and cantilevered walkway with the existing floating dockway, and related
improvements consistent with revised Tentative Tract Map 15323 as necessary to
comply with handicapped access requirements of the California Building Codes and
to enhance pedestrian safety and improve the visual character of public access
through inclusion of lighting, railings, and other appropriate improvements. The
plans shall be consistent with Coastal Development Permit 05 -06 -145 and
developed in consultation with the City's Harbor Resources Division and subject to
final approval by Harbor Resources, Public Works, and Planning.
25. The on -land and cantilevered walkway and ramp shall be designed to meet exiting
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and fire protection requirements as specified by the applicable Codes and shall be
subject to review and approval by the Newport Beach Building, Fire, and Harbor
Resources Departments.
26. The proposed project shall conform to the requirements of the Uniform Building
Code, any local amendments to the UBC, and State Disabled Access requirements,
unless otherwise approved by the Building Department.
27. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
28. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be sound
attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal
Code, Community Noise Control.
29. A sign plan, consistent with Coastal Development Permit 05-06 -145 shall be
submitted for review for conformity with Chapter 20.67 of the Zoning Code. The final
location of the signs shall be reviewed by the City Traffic Engineer and shall
conform to City Standard 110 -L to ensure that adequate sight distance is provided.
30. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
31. The Developer shall file one (1) Final Tract Map (Map).
32. The Map shall be prepared on the California coordinate system (NAD88). Prior to
recordation of the Map, the surveyor /engineer preparing the Map shall submit to the
County Surveyor and the City of Newport Beach a digital - graphic file of said map in
a manner described in the Orange County Subdivision Code and Orange County
Subdivision Manual. The Map to be submitted to the City of Newport Beach shall
comply with the City's CADD Standards. Scanned images will not be accepted.
33. The Final Map shall include reconfigured Lots C and D that encompass the
perimeter wall to be reconstructed along the Bayside Drive frontage and a
landscaped area, minimum 6 -feet in width, measured between the back of the
existing public sidewalk as shown on the Tentative Tract Map and the face of the
reconstructed perimeter wall.
34. The Developer of the Bayside Planned Community shall obtain and maintain a valid
Harbor Permit for the continued operation and maintenance of the existing or future
docks, gangplanks and other dock related improvements. This Harbor Permit shall
be transferred to the Homeowners Association (HOA) for the Bayside Planned
Community upon its creation. As a condition to the Harbor Permit, the fee owner
and leasehold owner shall execute an agreement to provide and maintain public
access as identified within these Planned Community District Regulations and these
conditions of approval.
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35. The Final Map shall be revised to provide a lettered lot coterminous with the
cantilevered public walkway along Lots 3 -9,
=nears ef— providing public aeGess to the . ater -^^;. Said lot shall be owned and
maintained by the Home Owners Association for public access purposes and said
lot shall not be obstructed or used for other purposes.
36. Prior to recordation, the Map shall tie the boundary of the map into the Horizontal
Control System established by the County Surveyor in a manner described in
Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange
County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag)
shall be set On Each Lot Corner unless otherwise approved by the City Engineer.
Monuments shall be protected in place if installed prior to completion of construction
project.
37. A hydrology and hydraulic study shall 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 Map.
38. Submit written documentation from the holders of the various existing easements
shown on the Tentative T'rase— Tract Map as being relocated or replaced ore
relinquished that they have reviewed and agreed with the quitclaim of their
respective easements as proposed by the Developer.
39. Easements for public eFReFgenG • and seGurity ingress /egress, weekly refuse
service, and public utility purposes on all publicly accessible, privately owned and
maintained private streets and drives shall be dedicated to the City. Said
easements shall be shown on the tract maps.
40. No structures shall be constructed within the limits of any utilities easements.
41. All applicable fees shall be paid prior to the City approval of the Final Tract Map.
42. Construction surety in a form acceptable to the City, guaranteeing the completion of
the various required public improvements, shall be submitted to the Public Works
Department prior to the City approval of the Final Tract Map.
43. All improvements within the public right -of -way shall be designed and constructed
per City Standards.
44. In the event that private construction work damaged— damages existing public
improvements surrounding the site, the Public Works Inspector at his discretion will
require additional public works reconstruction work as needed.
45. The centerline of the curb access ramps proposed at the development site entrance
shall be parallel with the Bayside Drive roadway alignment.
46. The construction of bulkhead and gangways requires separate plan check and
permits.
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47. The construction of bulkhead and gangways shall be performed only during periods
of low tide. Plastic sheeting shall be placed below the work location to collect the
fallen construction debris. The collected debris shall be removed and disposed of at
the end of each workday.
48. Prior to the construction of bulkhead and gangways, a determination shall be made
by a qualified biologist as to the existence of eelgrass surrounding/nearby the work
site. In case of eelgrass, the Developer shall coordinate with the City's Harbor
Resources Division to apply for and obtain the required permits from The US Army
Corps of Engineers, The US Wildlife and Fishery Service, The California Coastal
Commission, and other agencies for the work.
49. All improvements shall be designed and constructed in accordance with the current
edition of the City Design Criteria, Standard Special Provisions, and Standard
Drawings.
50. Street, drainage and utility improvements shall be submitted on City standard
improvement plan formats. All of the plan sheets shall be prepared by California
licensed professionals responsible for the designs shown on the Plans.
51. The egtFy gate, when full; epe-ed, shall stay e!eaF of the tiel path of vehiGles
52. All on -site drainage, sanitary sewer, water, and electrical systems shall be owned,
operated, and maintained by the Homeowners Association.
53. There are existing drainage outlets within the existing bulkheads that discharge on-
site runoff into the Bay. Submit details on the disposition of these existing drainage
outlets. If these outlets are to remain in place, submit details as to how these outlets
will be modified to meet the City's on -site runoff retention water quality
requirements.
54. Details shall be provided as to how the development will comply with the City's
water quality and on -site non -storm runoff retention requirements.
55. All storm drain and sanitary sewer mains shall be installed with MacWrap.
56. ADA compliant curb access ramps shall be constructed at all interior curb returns.
57. Each dwelling unit/building shall be served with an individual water service and
sewer lateral connection to the public water and sewer systems unless otherwise
approved by the Public Works Department and the Building Department.
58. The intersection of the driveways- street with Bayside Drive shall be designed to
provide sight distance for a secondary roadway per City of Newport Beach
Standard Drawing STD - 110 -L. Slopes, landscaping, walls, signs and other
obstructions shall be considered in the sight distance requirements. Landscaping
within the sight lines (sight cone) shall not exceed 24- inches in height and the
monument identification sign must be located outside the line of sight cone. The
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sight distance may be modified at non - critical locations, subject to approval by the
Traffic Engineer.
60. Provide details on the vehicular turnaround area for garaged vehicles exiting Lots No.
3, No. 9 and Lot No. 15 and revise as required by the City Engineer.
61. On -site parking, vehicular circulation and pedestrian circulation system shall be
subject to further review by the City Traffic Engineer.
62. Provide Class III standpipe system at existing dock. Remove 2 1/2 connections at
bulkhead.
63. Provide fire department connection for docks on Bayside Drive. Fire Department
connection shall be located within 150 feet of a public hydrant on same side of
street.
64. Automatic fire extinguishing system required for residential units when the total floor
area exceeds 5,000 square feet.
65. Minimum width at entrance shall be 14 feet clear; pFeliminary plans shows less than
14 feet at twe eGatmens
66. Turning radius for fire apparatus shall not be less than 20 feet inside radius and 40
feet outside radius. Show on plan.
67. Any obstructions in required fire access roadways, including speed bumps and
speed humps, are prohibited.
68. Provide on -site public fire hydrants.
69. Prior to the issuance of grading permits, the site shall be examined to determine the
existence and extent of archaeological and paleontological resources in accordance
with adopted City policies.
70. Prior to the issuance of grading /building permits, the final design of all required off -
site right of way improvements shall be reviewed and approved by the Public Works
Department and Traffic Engineer.
71. Prior to the issuance of grading permits, the applicant shall prepare a constriction
phasing plan and construction delivery plan that includes routing of large vehicles.
The plan shall include a haul route plan for review and approval of the Public Works
Department. Said plan shall specify the routes to be traveled, times of travel, total
number of trucks, number of trucks per hour, time of operation, and
safety /congestion precautions (e.g., signage, flagmen). Large construction vehicles
shall not be permitted to travel narrow streets and alleys as determined by the
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Public Works Department. Traffic control and transportation of equipment and
materials shall be conducted in accordance with state and local requirements.
72. Prior to the issuance of individual building permits the applicant shall provide
designs for building foundations and slabs appropriate to mitigating liquefaction
hazard.
73. Prior to the issuance of grading the applicant shall provide results from an
inspection by a qualified engineer indicating the condition of the bulkheads and
tiebacks and make repairs to same as necessary.
74. Prior to the issuance of a grading permit a Stormwater Pollution Prevention Plan
( SWPPP) shall be prepared and approved by the City of Newport Beach as the
local permitting agency in accordance with the requirements of the Regional Water
Quality Control Board (RWQCB). The SWPPP shall include BMPs to eliminate
and /or minimize stormwater pollution prior to, and during construction. The SWPPP
shall require construction to occur in stages and stabilized prior to disturbing other
areas and require the use of temporary diversion dikes and basins to trap sediment
from run -off and allow clarification prior to discharge.
75. Prior to the issuance of a grading permit the applicant shall prepare a Water
Quality Management Plan (WQMP) specifically identifying the Best Management
Practices (BMP's) that will be used on site to control predictable pollutant runoff.
The plan shall identify the types of structural and non - structural measures to be
used. The plan shall comply with the Orange County Drainage Area Management
Plan (DAMP). Particular attention should be addressed to the appendix section
"Best Management Practices for New Development." The WQMP shall clearly
show the locations of structural BMP's, and assignment of long term maintenance
responsibilities (which shall also be included in the Maintenance Agreement). The
plan shall be prepared to the format shown in "Attachment C" of the DAMP title
'Water Quality Management Plan Outline" and be subject to the approval of the
City.
76. Prior to the issuance of a grading permit the applicant shall obtain a NPDES
permit. The applicant shall incorporate storm water pollutant control into erosion
control plans using BMPs to the maximum extent possible. Evidence that proper
clearances have been obtained through the State Water Resources Control Board
shall be given to the Building Department prior to issuance of grading permits.
77. Prior to the issuance of a grading permit the applicant shall submit evidence to the
City Building Official that the applicant has obtained coverage under the NPDES
statewide General Construction Activity Stormwater Permit from the State Water
Resources Control Board.
78. Prior to issuance of a grading permit the project applicant shall document to the
City of Newport Beach Building Department that all facilities will be designed and
constructed to comply with current seismic safety standards and the current City -
adopted version of the Uniform Building Code.
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79. Prior to issuance of a grading permit, a geotechnical report shall be submitted with
construction drawings for plan check. The Building Department shall ensure that
the project complies with the geotechnical recommendations included in the
" Geotechnical Investigation" (Petra, 2004), as well as additional requirements, if
any, imposed by the Newport Beach Building Department.
80. Prior to issuance of a grading permit, the applicant shall provide written evidence to
the Planning Director that a qualified archaeologist has been retained to observe
grading activities and conduct salvage excavation of archaeological resources as
necessary. The archaeologist shall be present at the pre - grading conference, shall
establish procedures for archaeological resource surveillance, and shall establish,
in cooperation with the applicant, procedures for temporarily halting or redirecting
work to permit the sampling, identification and evaluation of the artifacts as
appropriate. If additional or unexpected archaeological features are discovered, the
archaeologist shall report such findings to the applicant and to the Planning
Department. If the archaeological resources are found to be significant, the
archaeological observer shall determine appropriate actions, in cooperation with
the applicant, for exploration and/or salvage. These actions, as well as final
mitigation and disposition of the resources, shall be subject to the approval of the
Planning Director.
81. Prior to issuance of a grading permit, the applicant shall provide written evidence to
the Planning Department that a qualified paleontologist has been retained to
observe grading activities and salvage fossils as necessary. The paleontologist
shall be present at the pre - grading conference, shall establish procedures for
paleontological resource surveillance, and shall establish, in cooperation with the
applicant, procedures for temporarily halting or redirecting work to permit the
sampling, identification and evaluation of fossils. If major paleontological resources
are discovered which require long term baiting or redirecting of grading, the
paleontologist shall report such findings to the applicant and to the Planning
Department. The paleontologist shall determine appropriate actions, in cooperation
with the applicant, which ensure proper exploration and/or salvage. These actions,
as well as final mitigation and disposition of the resources, shall be subject to the
approval of the Planning Director.
82. Prior to the issuance of a building permit, a detailed acoustical analysis shall be
prepared by a qualified acoustical consultant and submitted to the City. This
acoustical analysis shall describe and quantify the noise sources impacting the
area and the measures required to meet the 65 CNEL exterior residential noise
standard. The final grading plans shall incorporate the noise barriers required by
the analysis and the property owner /developer shall install these barriers.
83. Prior to the issuance of a grading or building demolition permit, the applicant shall
submit an asbestos abatement and removal plan to the City Building Official for
approval. The abatement and removal plan shall comply with notification and
asbestos removal procedures outlined in SCAQMD Rule 1403 to reduce asbestos
related health issues.
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84. Prior to the issuance of a demolition permit the applicant shall submit a lead -based
paint abatement and removal plan in accordance with all applicable federal, state,
and local regulatory requirements to the City Building Official for approval.
85. Prior to the issuance of a grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the
City Building Official, to demonstrate compliance with local and state water quality
regulations for grading and construction activities. The ESCP shall identify how all
construction materials, wastes, grading or demolition debris, and stockpiles of soil,
aggregates, soil amendments, etc. shall be properly covered, stored, and secured
to prevent transport into local drainages or coastal waters by wind, rain, tracking,
tidal erosion, or dispersion. The ESCP shall also describe how the applicant will
ensure that all Best Management Practices (BMPs) will be maintained during
construction of any future public right -of -ways. A copy of the current ESCP shall be
kept at the project site and be available for City of Newport Beach review on
request.
86. Prior to the issuance of a building permit, the applicant shall submit a landscape
and irrigation plan prepared by a licensed landscape architect for review and
subsequent approval by the Planning Director upon determination that the
landscape plan is consistent with City standards and policies. The landscape and
irrigation plan shall include landscaping and irrigation within the Bayside Drive
right -of -way between the back of public sidewalk and the boundary of the Tract
Map. These plans shall incorporate drought tolerant plantings and water efficient
irrigation practices, and the plans shall be approved by the Planning Department,
General Services Department and Public Works Department. All planting areas
shall be provided with a permanent underground automatic sprinkler irrigation
system of a design suitable for the type and arrangement of the plant materials
selected. The irrigation system shall be adjustable based upon either a signal from
a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular
activity shall be protected by a continuous concrete curb or similar permanent
barrier. Landscaping shall be located so as not to impede vehicular sight distance
to the satisfaction of the Traffic Engineer.
87. Prior the issuance of a building permit, the project shall be reviewed by the Building
Department to verify compliance with the following requirements:
a. Project design must comply with the 1997 Uniform Building Code (UBC)
seismic design criteria.
b. Structure setback must comply with either the 1997 Uniform Building Code
(UBC) or the Orange County Grading Manual.
c. Any imported soil for general grading shall have an Expansion Index of less
than 60.
d. Control site drainage.
e. Design footing embedments to resist the effects of expansive soil.
f. Maintain a proportionately high dead load component on foundations.
g. Over - excavate and moisture soils condition below foundations, floor slabs and
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hardscape.
h. Use of articulation and reinforcement of concrete slabs and footings.
L Use of rigid foundation and floor slabs.
88. Prior to the issuance of a building permit, the project shall be reviewed by the
Building Department to verify compliance with the following requirements:
a. Provide on -site hydrants
89. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an
inspection by the Code and Water Quality Enforcement Division to confirm that all
landscaping materials and irrigation systems have been installed in accordance with
the approved plans.
90. Prior to issuance of the certificate of occupancy or final of building permits, the
applicant shall schedule an evening inspection by the Code and Water Quality
Enforcement Division to confirm control of light and glare as specified in these
conditions.
91. During construction of the DroDosed improvements:
a. construction vehicles shall not block roadways on any roads adjacent to the
project site or any of the roads leading to or from the project site;
b. construction equipment will be properly maintained at an off -site location
and includes proper tuning and timing of engines. Equipment maintenance
records and equipment design specification data sheets shall be kept on -site
during construction;
C. all contractors will be advised not to idle construction equipment on site for
more than ten minutes;
d. on -site diesel fueled construction equipment will be fueled with aqueous
diesel fuel;
e. cover all trucks hauling soil, sand, and other loose materials, or require all
trucks to maintain at least two feet of freeboard;
f, pave, water (three times daily), or apply non -toxic soil stabilizers on all
Unpaved access roads, parking areas, and staging areas at construction sites
g. sweep all paved access roads, parking areas, and staging areas at
construction sites daily with water sweepers;
h. Sweep streets daily with water sweepers if visible soil material is carried onto
adjacent public streets;
L Hydro seed or apply non -toxic stabilizers to inactive construction areas;
j. enclose, cover, water (twice daily), or apply non -toxic soil binders to exposed
stockpiles (dirt, sand, etc.);
k. limit traffic speeds on unpaved roads to 15 miles per hour;
i. install sandbags or other erosion control measures to prevent silt runoff to
public roadways during;
M. replant vegetation in disturbed areas as quickly as possible;
n. all construction equipment shall be properly tuned and maintained;
25
55
o. contractors shall maintain and operate construction equipment so as to
minimize exhaust emissions;
P. trucks and vehicles in loading or unloading queues shall not idle;
q. construction activities shall be staged and scheduled to avoid emissions
peaks, and discontinued during second -stage smog alerts
92. During construction of the proposed improvements, in accordance with Public
Resources Code 5097.94, if human remains are found, the Orange County coroner
must be notified within 24 hours of the discovery. If the coroner determines that the
remains are not recent, the coroner will notify the Native American Heritage
Commission in Sacramento to determine the most likely descendent for the area.
The designated Native American representative then determines in consultation
with the property owner the disposition of the human remains.
93. The applicant shall be responsible for the payment of all administrative costs
identified by the Planning Department within 30 days of receiving a final notification
of costs or prior to the issuance of a Building Permit.
94. All landscape materials and landscaped areas shall be installed and maintained in
accordance with the approved landscape plan. All landscaped areas shall be
maintained in a healthy and growing condition and shall receive regular pruning,
fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds
and debris. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
95. Prior to issuance of any Certificate of Occupancy, applicant shall provide an
agreement, in form acceptable to the City Attorney, which provides for maintenance
of landscaping within the Bayside Drive right -of -way between the back of public
sidewalk and the boundary of the Tract Map. The agreement shall include right of
entry to the right -of -way for the benefit of the applicant, the Homeowners
association, and any successors for purposes of maintaining the landscaping.
96. Prior to issuance of any Certificate of Occupancy, applicant shall complete
construction of public access improvements including the walkway along
Promontory Bay, the on -land and cantilevered walkway across and along the
bulkhead, and the ramp connecting this walkway to the existing floating walkway.
97. Prior to issuance of a Certificate of Occupancy for the first dwelling constructed in
the tract, applicant shall provide an agreement, in form acceptable to the City
Attorney, which provides for maintenance of the pedestrian accessways on Lot "B ",
for the ramp extending from such accessways to the floating dock, for the floating
dockway, and for related improvements by the Homeowners Association. The
agreement shall include right -of -entry to the City's property for the benefit of the
applicant, the Homeowners Association, and any successors for purposes of
maintaining the improvements.
98. Prior to issuance of anv Certificate of Occupancy, applicant shall provide a
disclosure statement, in form acceptable to the City Attorney and to the Planning
26 5
Director, which shall be provided to each prospective lessee of one of the 17 lots in
the subdivision advising of the potential noxious characteristics of the nearby
boatyard which could adversely affect the prospective lessee's enjoyment of the
property. The disclosure statement shall be included and recorded with the
Conditions, Covenants, and Restrictions at the County Recorder's Office and each
lessee shall be required to acknowledge receipt of the disclosure statement, in
writing, prior to executing a lease and the written acknowledgement shall be
recorded together with the lease agreement with the County Recorder.
99. Prior to recordation of the Final Tract Map, applicant shall provide an instrument, in
form acceptable to the City Attorney, dedicating an easement for public access over
and across the on -land and cantilevered walkway on the bulkhead at the southerly
boundary of the Tract, the pedestrian ramp extending from the walkway on the
bulkhead to the floating walkway, and that portion of the floating walkway shown on
the Tract Map and necessary to provide pedestrian access from the pedestrian ramp
to the floating dockway on the adjacent property to the east.
27 51
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Exhibit 4
Resolution
611
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL
APPROVE PLANNED COMMUNITY TEXT AMENDMENT NO. 2007 -004
AND AMEND NEWPORT TRACT MAP NO. 2004 -001 (TENTATIVE
TRACT MAP NO. 15323) FOR PROPERTY LOCATED AT 919 BAYSIDE
DRIVE (PA 2007 -166).
WHEREAS, on November 3, 2005, the Planning Commission adopted
Resolution No. 1679 recommending that the City Council approve Code Amendment
No. 2005 -007, The Bayside Residential Planned Community Development Regulations
(Planned Community Text No. 55), Newport Tract Map No. 2004 -001, and Coastal
Residential Development Permit No. 2005 -001, and adopt a Mitigated Negative
Declaration (SCH No. 2005 - 061019) for development of a 17 -lot single -unit residential
subdivision located at 919 Bayside Drive (Project); and
WHEREAS, on March 14, 2006, the City Council adopted Resolution No. 2006-
20 approving Newport Tract Map No. 2004 -001 to subdivide the property and adopted
Ordinance No. 2006 -6 (approving Code Amendment No. 2005 -007 and Planned
Community Text No. 55) to establish a Planned Community (PC) zoning designation for
the property and provide development regulations for the Project and new PC zone; and
WHEREAS, an application was filed by UGS Development Inc. to amend
Planned Community Text No. 55 (Planned Community Text Amendment No. 2007 -004)
and to amend Newport Tract Map No. 2004 -001.
WHEREAS, a public hearing on the application was held on December 6, 2005,
in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California.
A notice of time, place and purpose of the meeting was given in accordance with the
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at the meeting; and
WHEREAS, the Planning Commission finds that the Planned Community Text
Amendment and Tract Map Amendment are necessary to implement the conditions of
approval of the Coastal Development Permit for the Project and to clarify the
development regulations contained in Planned Community Text No. 55; and
WHEREAS, the Planning Commission finds that the Planned Community Text
Amendment and Tract Map Amendment are minor in nature, are consistent with the
intent of the original tentative map approval, do not result in an increase in density or
intensity, and do not result in any additional environmental impacts beyond those
analyzed in the Mitigated Negative Declaration for the Project.
�1
City of Newport Beach
Planning Commission Resolution No.
Page 2 of 16
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission hereby recommends that the City
Council approve Planned Community Text Amendment No. 2007 -004 and amend
Newport Tract Map No. 2004 -001 (Tentative Tract Map No. 15323) subject to the
revised Conditions of Approval as set forth in Exhibit "A" attached hereto and made part
hereof.
ADOPTED THIS 61h DAY OF DECEMBER 2007.
M
M
Robert Hawkins, Chairman
Bradley Hillgren, Secretary
AYES:
NOE
ABSENT:
1t)
City of Newport Beach
Planning Commission Resolution No.
Paae 3 of 16
Exhibit "A"
Conditions of Approval
The following conditions shall apply to all development pursuant to the Bayside Planned
Community Development Regulations and are adopted as conditions of approval of
Newport Tract Map No. 2004 -001 (Tentative Tract Map No. 15323):
1. Water service to the Planned Community will be furnished by the City of Newport
Beach. Each dwelling unit/building shall be served with an individual water
service lateral connection to the public water system unless otherwise approved
by the Public Works Department and the Building Department.
2. Sewage disposal service facilities to the Planned Community will be provided by
the City of Newport Beach and the Orange County Sanitation District. Each
dwelling unit/building shall be served with an individual sewer service lateral
connection to the public sewer system unless otherwise approved by the Public
Works Department and the Building Department.
3. Grading and erosion control shall be carried out in accordance with the
provisions of Coastal Development Permit 05 -06 -145, and the City of Newport
Beach Grading Ordinance and shall be subject to permits issued by the Building
and Planning Departments.
4. The developer shall comply with the City's water quality and on -site non -storm
runoff retention requirements by the preparation and approval by the City of a
Stormwater Pollution Prevention Plan (SWPPP), consistent with Special
Condition 9 of Coastal Development Permit 05 -06 -145. Existing drainage outlets
within the existing bulkheads that discharge on -site runoff into the Bay shall be
modified to meet the City's on -site runoff water quality requirements.
5. Fire equipment access walkways, streets, gangplanks, and dock ways shall be
designed to meet exiting and fire protection requirements as specified by the
Uniform Building Code and shall be subject to review and approval by the City
Newport Beach Building and Fire Departments.
6. Street, drainage and utility improvements shall be submitted on City standard
improvement plan formats. All of the plan sheets shall be prepared by California
licensed professionals responsible for the designs shown on the Plans.
7. All improvements authorized by Coastal Development Permit 05 -16 -145 shall be
subject to review and approval by the City of Newport Beach Public Works
Department.
11
City of Newport Beach
Planning Commission Resolution No.
Page 4 of 16
8. The California Vehicle Code shall be enforced on the publicly accessible,
privately owned and maintained streets and drives, and delineation acceptable to
the Police Department and Public Works Department shall be provided along the
sidelines of the streets and drives.
9. Curb -side collection of refuse shall be subject to City of Newport Beach approval.
10. The design of public access improvements shall provide for full public access 24-
hours a day, 7 -days a week to 100% of the bay frontage along Promontory Bay
Channel and Balboa Channel. The existing walkway along the Promontory
Channel shall be improved to provide a minimum width of eight (8) feet
unobstructed passage and a planter, two feet in width, extending the length of
the walkway. A new, on -land and cantilevered public walkway along the water
front shall be eight (8) feet clear and shall be constructed to meet all ADA
standards as shall the new ramp connecting this walkway with the existing
floating walkway.
11. A 12 -foot wide concrete sidewalk/bike path behind the street curb face shall be
provided along the Bayside Drive frontage.
12. All on -site common area improvements such as parks, docks, and entry, all on-
site drainage, sanitary sewer, water, and electrical systems shall be owned or
leased, operated and maintained by the HOA.
13. All overhead utilities serving the P -C shall be made underground.
14. The developer shall be required to submit a sign plan for review by the Planning
Department for conformity with Chapter 20.67 of the Zoning Code. The sign plan
shall be consistent with Special Conditions 5 and 6 of Coastal Development
Permit 05 -06 -145. The sign plan shall include informational signs at the access to
Lot B from Bayside Drive right -of -way, at the juncture of the Promontory Bay
accessway on Lot B with the on -land and cantilevered accessway along the Bay,
and at the location where the prolongation of the easterly property line of the
subject property intersects with the floating dockway clearly identifying such
improvements as public walkways and inviting pedestrians. Sign text and
graphics are subject to review and approval of the Planning Director.
15. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the Planned Community District
Regulations.
16. The development shall be in substantial conformance with the approved Tentative
Tract marked Attachment 4 to the City Council Staff Report for PA 2007 -166 dated
('insert. date of City :'Council appr6VO), and approved by Coastal Development
Permit 05 -06 -145.
J'
City of Newport Beach
Planning Commission Resolution No.
Page 5 of 16
17. The applicant is required to obtain all applicable permits from the City Building and
Fire Departments.
18. The applicant shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use may be cause for
revocation of this Use Permit.
19. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
20. Should this site be sold or otherwise come under different ownership or be
operated by a different entity than the applicant, any future owners, assignees or
operators shall be noted of the conditions of this approval by the current owner or
leasing company.
21. No dwelling other than one, single - family, detached dwelling may be constructed on
any buildable lot created by Tentative Tract Map 15323. No dwelling may exceed a
height of twenty -eight (28) feet as measured consistent with Municipal Code
Section 20.65.030, "Measurement of Height ". For this purpose, "grade' shall be the
respective pad elevations shown on the Tentative Tract Map. These restrictions
shall be included in the Conditions, Covenants, and Restrictions (CC &R's) which
shall be prepared and recorded with the County Clerk at the time a Final Map is
recorded.
22. Boat slips fronting the project site shall be operated as a residential marina for the
residential leaseholds of the Bayside Residential Planned Community. The slips
shall not be rented to anyone who is not a resident of the Bayside Residential
Planned Community. These restrictions shall be incorporated into Conditions,
Covenants, and Restrictions (CC &R's) which shall be prepared and recorded with
the County Clerk.
23. The applicant shall prepare architectural guidelines that will apply to the design of
all dwellings proposed for construction on lots created by Tentative Tract Map
15323 approved together with this Use Permit. The architectural guidelines shall
be subject to review and approval of the Planning Director. The architectural
guidelines shall be incorporated into Conditions, Covenants, and Restrictions
(CC &R's) which shall be prepared and recorded with the County Clerk at the time a
Final Map is recorded. The CC &R's shall require that all dwellings and
improvements comply with the architectural guidelines.
24. The applicant shall prepare plans for construction of public access improvements
on Lot B including the public walkway improvements along Promontory Bay, the on-
land and cantilevered walkway along the existing bulkhead, the ramp connecting
the on -land and cantilevered walkway with the existing floating dockway, and
related improvements consistent with revised Tentative Tract Map 15323 as
J3
City of Newport Beach
Planning Commission Resolution No.
Paae 6 of 16
necessary to comply with handicapped access requirements of the California
Building Codes and to enhance pedestrian safety and improve the visual character
of public access through inclusion of lighting, railings, and other appropriate
improvements. The plans shall be consistent with Coastal Development Permit 05-
06 -145 and developed in consultation with the City's Harbor Resources Division
and subject to final approval by Harbor Resources, Public Works, and Planning.
25. The on -land and cantilevered walkway and ramp shall be designed to meet
exiting and fire protection requirements as specified by the applicable Codes and
shall be subject to review and approval by the Newport Beach Building, Fire, and
Harbor Resources Departments.
26. The proposed project shall conform to the requirements of the Uniform Building
Code, any local amendments to the UBC, and State Disabled Access
requirements, unless otherwise approved by the Building Department.
27. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
28. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be
sound attenuated in accordance with Chapter 10.26 of the Newport Beach
Municipal Code, Community Noise Control.
29. A sign plan, consistent with Coastal Development Permit 05 -06 -145 shall be
submitted for review for conformity with Chapter 20.67 of the Zoning Code. The
final location of the signs shall be reviewed by the City Traffic Engineer and shall
conform to City Standard 110 -L to ensure that adequate sight distance is
provided.
30. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
31. The Developer shall file one (1) Final Tract Map (Map)
32. The Map shall be prepared on the California coordinate system (NAD88). Prior
to recordation of the Map, the surveyor /engineer preparing the Map shall submit
to the County Surveyor and the City of Newport Beach a digital - graphic file of
said map in a manner described in the Orange County Subdivision Code and
Orange County Subdivision Manual. The Map to be submitted to the City of
Newport Beach shall comply with the City's CADD Standards. Scanned images
will not be accepted.
33. The Final Map shall include reconfigured Lots C and D that encompass the
perimeter wall to be reconstructed along the Bayside Drive frontage and a
`)A
City of Newport Beach
Planning Commission Resolution No.
Page 7 of 16
landscaped area, minimum 6 -feet in width, measured between the back of the
existing public sidewalk as shown on the Tentative Tract Map and the face of the
reconstructed perimeter wall.
34. The Developer of the Bayside Planned Community shall obtain and maintain a
valid Harbor Permit for the continued operation and maintenance of the existing
or future docks, gangplanks and other dock related improvements. This Harbor
Permit shall be transferred to the Homeowners Association (HOA) for the
Bayside Planned Community upon its creation. As a condition to the Harbor
Permit, the fee owner and leasehold owner shall execute an agreement to
provide and maintain public access as identified within these Planned
Community District Regulations and these conditions of approval.
35. The Final Map shall be revised to provide a lettered lot coterminous with the
cantilevered public walkway along Lots 3 -9. Said lot shall be owned and
maintained by the Home Owners Association for public access purposes and
said lot shall not be obstructed or used for other purposes.
36. Prior to recordation, the Map shall tie the boundary of the map into the Horizontal
Control System established by the County Surveyor in a manner described in
Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and
Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron
pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the
City Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
37. A hydrology and hydraulic study shall 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 Map.
38. Submit written documentation from the holders of the various existing easements
shown on the Tentative Tract Map as being relocated or replaced ore
relinquished that they have reviewed and agreed with the quitclaim of their
respective easements as proposed by the Developer.
39. Easements for public ingress /egress, weekly refuse service, and public utility
purposes on all publicly accessible, privately owned and maintained streets and
drives shall be dedicated to the City. Said easements shall be shown on the tract
maps.
40. No structures shall be constructed within the limits of any utilities easements.
41. All applicable fees shall be paid prior to the City approval of the Final Tract Map.
15
City of Newport Beach
Planning Commission Resolution No.
Page 8 of 16
42. Construction surety in a form acceptable to the City, guaranteeing the completion
of the various required public improvements, shall be submitted to the Public
Works Department prior to the City approval of the Final Tract Map.
43. All improvements within the public right -of -way shall be designed and
constructed per City Standards.
44. In the event that private construction work damages existing public
improvements surrounding the site, the Public Works Inspector at his discretion
will require additional public works reconstruction work as needed.
45. The centerline of the curb access ramps proposed at the development site
entrance shall parallel with the Bayside Drive roadway alignment.
46. The construction of bulkhead and gangways requires separate plan check and
permits.
47. The construction of bulkhead and gangways shall be performed only during
periods of low tide. Plastic sheeting shall be placed below the work location to
collect the fallen construction debris. The collected debris shall be removed and
disposed of at the end of each workday.
48. Prior to the construction of bulkhead and gangways, a determination shall be
made by a qualified biologist as to the existence of eelgrass surrounding /nearby
the work site. In case of eelgrass, the Developer shall coordinate with the City's
Harbor Resources Division to apply for and obtain the required permits from The
US Army Corps of Engineers, The US Wildlife and Fishery Service, The
California Coastal Commission, and other agencies for the work.
49. All improvements shall be designed and constructed in accordance with the
current edition of the City Design Criteria, Standard Special Provisions, and
Standard Drawings.
50. Street, drainage and utility improvements shall be submitted on City standard
improvement plan formats. All of the plan sheets shall be prepared by California
licensed professionals responsible for the designs shown on the Plans.
51. All on -site drainage, sanitary sewer, water, and electrical systems shall be
owned, operated, and maintained by the Homeowners Association.
52. There are existing drainage outlets within the existing bulkheads that discharge
on -site runoff into the Bay. Submit details on the disposition of these existing
drainage outlets. If these outlets are to remain in place, submit details as to how
these outlets will be modified to meet the City's on -site runoff retention water
quality requirements.
-1�
City of Newport Beach
Planning Commission Resolution No.
Paae 9 of 16
53. Details shall be provided as to how the development will comply with the City's
water quality and on -site non -storm runoff retention requirements.
54. All storm drain and sanitary sewer mains shall be installed with MacWrap.
55. ADA compliant curb access ramps shall be constructed at all interior curb
returns.
56. Each dwelling unit/building shall be served with an individual water service and
sewer lateral connection to the public water and sewer systems unless otherwise
approved by the Public Works Department and the Building Department.
57. The intersection of the street with Bayside Drive shall be designed to provide
sight distance for a secondary roadway per City of Newport Beach Standard
Drawing STD - 110 -L. Slopes, landscaping, walls, signs and other obstructions
shall be considered in the sight distance requirements. Landscaping within the
sight lines (sight cone) shall not exceed 24- inches in height and the monument
identification sign must be located outside the line of sight cone. The sight
distance may be modified at non - critical locations, subject to approval by the
Traffic Engineer.
58. Provide details on the vehicular turnaround area for garaged vehicles exiting Lots
No. 3, No. 9 and Lot No. 15 and revise as required by the City Engineer.
59. On -site parking, vehicular circulation and pedestrian circulation system shall be
subject to further review by the City Traffic Engineer.
60. Provide Class III standpipe system at existing dock. Remove 2'% connections at
the bulkhead.
61. Provide fire department connection for docks on Bayside Drive. Fire Department
connection shall be located within 150 feet of a public hydrant on same side of
street.
62. Automatic fire extinguishing system required for residential units when the total
floor area exceeds 5,000 square feet.
63. Minimum width at entrance shall be 14 feet clear.
64. Turning radius for fire apparatus shall not be less than 20 feet inside radius and
40 feet outside radius. Show on plan.
65. Any obstructions in required fire access roadways, including speed bumps and
speed humps, are prohibited.
66. Provide on -site public fire hydrants.
City of Newport Beach
Planning Commission Resolution No.
Paae 10 of 16
67. Prior to the issuance of grading permits, the site shall be examined to determine
the existence and extent of archaeological and paleontological resources in
accordance with adopted City policies.
68. Prior to the issuance of grading/building permits, the final design of all required
off -site right of way improvements shall be reviewed and approved by the Public
Works Department and Traffic Engineer.
69. Prior to the issuance of grading permits, the applicant shall prepare a
construction phasing plan and construction delivery plan that includes routing of
large vehicles. The plan shall include a haul route plan for review and approval of
the Public Works Department. Said plan shall specify the routes to be traveled,
times of travel, total number of trucks, number of trucks per hour, time of
operation, and safety /congestion precautions (e.g., signage, flagmen). Large
construction vehicles shall not be permitted to travel narrow streets and alleys as
determined by the Public Works Department. Traffic control and transportation of
equipment and materials shall be conducted in accordance with state and local
requirements.
70. Prior to the issuance of individual building permits, the applicant shall provide
designs for building foundations and slabs appropriate to mitigating liquefaction
hazard.
71. Prior to the issuance of grading, the applicant shall provide results from an
inspection by a qualified engineer indicating the condition of the bulkheads and
tiebacks and make repairs to same as necessary.
72. Prior to the issuance of a grading permit, a Stormwater Pollution Prevention Plan
( SWPPP) shall be prepared and approved by the City of Newport Beach as the
local permitting agency in accordance with the requirements of the Regional
Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to
eliminate and/or minimize stormwater pollution prior to, and during construction.
The SWPPP shall require construction to occur in stages and stabilized prior to
disturbing other areas and require the use of temporary diversion dikes and basins
to trap sediment from run -off and allow clarification prior to discharge.
73. Prior to the issuance of a aradina permit, the applicant shall prepare a Water
Quality Management Plan (WQMP) specifically identifying the Best Management
Practices (BMP's) that will be used on site to control predictable pollutant runoff.
The plan shall identify the types of structural and non - structural measures to be
used. The plan shall comply with the Orange County Drainage Area
Management Plan (DAMP). Particular attention should be addressed to the
appendix section "Best Management Practices for New Development." The
WQMP shall clearly show the locations of structural BMPs, and assignment of
long term maintenance responsibilities (which shall also be included in the
J0
City of Newport Beach
Planning Commission Resolution No.
Paae 11 of 16
Maintenance Agreement). The plan shall be prepared to the format shown in
"Attachment C" of the DAMP title "Water Quality Management Plan Outline" and
be subject to the approval of the City.
74. Prior to the issuance of a arading permit, the applicant shall obtain a NPDES
permit. The applicant shall incorporate storm water pollutant control into erosion
control plans using BMPs to the maximum extent possible. Evidence that proper
clearances have been obtained through the State Water Resources Control
Board shall be given to the Building Department prior to issuance of grading
permits.
75. Prior to the issuance of a grading permit, the applicant shall submit evidence to
the City Building Official that the applicant has obtained coverage under the
NPDES statewide General Construction Activity Stormwater Permit from the
State Water Resources Control Board.
76. Prior to issuance of a grading permit, the project applicant shall document to the
City of Newport Beach Building Department that all facilities will be designed and
constructed to comply with current seismic safety standards and the current City-
adopted version of the Uniform Building Code.
77. Prior to issuance of a grading permit, a geotechnical report shall be submitted
with construction drawings for plan check. The Building Department shall ensure
that the project complies with the geotechnical recommendations included in the
" Geotechnical Investigation" (Petra, 2004), as well as additional requirements, it
any, imposed by the Newport Beach Building Department.
78. Prior to issuance of a grading permit, the applicant shall provide written evidence
to the Planning Director that a qualified archaeologist has been retained to
observe grading activities and conduct salvage excavation of archaeological
resources as necessary. The archaeologist shall be present at the pre - grading
conference, shall establish procedures for archaeological resource surveillance,
and shall establish, in cooperation with the applicant, procedures for temporarily
halting or redirecting work to permit the sampling, identification and evaluation of
the artifacts as appropriate. If additional or unexpected archaeological features
are discovered, the archaeologist shall report such findings to the applicant and
to the Planning Department. If the archaeological resources are found to be
significant, the archaeological observer shall determine appropriate actions, in
cooperation with the applicant, for exploration and/or salvage. These actions, as
well as final mitigation and disposition of the resources, shall be subject to the
approval of the Planning Director.
79. Prior to issuance of a grading permit, the applicant shall provide written evidence
to the Planning Department that a qualified paleontologist has been retained to
observe grading activities and salvage fossils as necessary. The paleontologist
shall be present at the pre - grading conference, shall establish procedures for
paleontological resource surveillance, and shall establish, in cooperation with the
J�
City of Newport Beach
Planning Commission Resolution No.
Page 12 of 16
applicant, procedures for temporarily halting or redirecting work to permit the
sampling, identification and evaluation of fossils. If major paleontological
resources are discovered which require long term baiting or redirecting of
grading, the paleontologist shall report such findings to the applicant and to the
Planning Department. The paleontologist shall determine appropriate actions, in
cooperation with the applicant, which ensure proper exploration and /or salvage.
These actions, as well as final mitigation and disposition of the resources, shall
be subject to the approval of the Planning Director.
80. Prior to the issuance of a building permit, a detailed acoustical analysis shall be
prepared by a qualified acoustical consultant and submitted to the City. This
acoustical analysis shall describe and quantify the noise sources impacting the
area and the measures required to meet the 65 CNEL exterior residential noise
standard. The final grading plans shall incorporate the noise barriers required by
the analysis and the property owner /developer shall install these barriers.
81. Prior to the issuance of a grading or building demolition permit, the applicant
shall submit an asbestos abatement and removal plan to the City Building Official
for approval. The abatement and removal plan shall comply with notification and
asbestos removal procedures outlined in SCAQMD Rule 1403 to reduce
asbestos related health issues.
82. Prior to the issuance of a demolition permit, the applicant shall submit a lead -
based paint abatement and removal plan in accordance with all applicable
federal, state, and local regulatory requirements to the City Building Official for
approval.
83. Prior to the issuance of a grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the
City Building Official, to demonstrate compliance with local and state water
quality regulations for grading and construction activities. The ESCP shall
identify how all construction materials, wastes, grading or demolition debris, and
stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered,
stored, and secured to prevent transport into local drainages or coastal waters by
wind, rain, tracking, tidal erosion, or dispersion. The ESCP shall also describe
how the applicant will ensure that all Best Management Practices (BMPs) will be
maintained during construction of any future public right -of -ways. A copy of the
current ESCP shall be kept at the project site and be available for City of
Newport Beach review on request
84. Prior to the issuance of a building permit, the applicant shall submit a landscape
and irrigation plan prepared by a licensed landscape architect for review and
subsequent approval by the Planning Director upon determination that the
landscape plan is consistent with City standards and policies. The landscape and
irrigation plan shall include landscaping and irrigation within the Bayside Drive
right -of -way between the back of public sidewalk and the boundary of the Tract
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City of Newport Beach
Planning Commission Resolution No.
Page 13 of 16
Map. These plans shall incorporate drought tolerant plantings and water efficient
irrigation practices, and the plans shall be approved by the Planning Department,
General Services Department and Public Works Department. All planting areas
shall be provided with a permanent underground automatic sprinkler irrigation
system of a design suitable for the type and arrangement of the plant materials
selected. The irrigation system shall be adjustable based upon either a signal
from a satellite or an on -site moisture - sensor. Planting areas adjacent to
vehicular activity shall be protected by a continuous concrete curb or similar
permanent barrier. Landscaping shall be located so as not to impede vehicular
sight distance to the satisfaction of the Traffic Engineer.
85. Prior the issuance of a building permit, the project shall be reviewed by the
Building Department to verify compliance with the following requirements:
a. Project design must comply with the 1997 Uniform Building Code (UBC)
seismic design criteria.
b. Structure setback must comply with either the 1997 Uniform Building Code
(UBC) or the Orange County Grading Manual.
c. Any imported soil for general grading shall have an Expansion Index of
less than 60.
d. Control site drainage.
e. Design footing embedments to resist the effects of expansive soil.
f. Maintain a proportionately high dead load component on foundations.
g. Over - excavate and moisture soils condition below foundations, floor slabs
and hardscape.
h. Use of articulation and reinforcement of concrete slabs and footings.
Use of rigid foundation and floor slabs.
86. Prior to the issuance of a building permit, the project shall be reviewed by the
Building Department to verify compliance with the following requirements:
a. Provide on -site hydrants.
87. Prior to the issuance of a certificate of occupancy, the applicant shall schedule
an inspection by the Code and Water Quality Enforcement Division to confirm
that all landscaping materials and irrigation systems have been installed in
accordance with the approved plans.
88. Prior to issuance of the certificate of occupancy or final of building permits, the
applicant shall schedule an evening inspection by the Code and Water Quality
Enforcement Division to confirm control of light and glare as specified in these
conditions.
City of Newport Beach
Planning Commission Resolution No.
Paqe 14 of 16
89. During construction of the proposed improvements:
a. construction vehicles shall not block roadways on any roads adjacent to
the project site or any of the roads leading to or from the project site;
b. construction equipment will be properly maintained at an off -site location
and includes proper tuning and timing of engines. Equipment
maintenance records and equipment design specification data sheets
shall be kept on -site during construction;
C. all contractors will be advised not to idle construction equipment on site for
more than ten minutes;
d. on -site diesel fueled construction equipment will be fueled with aqueous
diesel fuel;
e. cover all trucks hauling soil, sand, and other loose materials, or require all
trucks to maintain at least two feet of freeboard;
f. pave, water (three times daily), or apply non -toxic soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction
sites;
g. sweep all paved access roads, parking areas, and staging areas at
construction sites daily with water sweepers;
h. Sweep streets daily with water sweepers if visible soil material is carried
onto adjacent public streets;
L Hydro seed or apply non -toxic stabilizers to inactive construction areas;
j. enclose, cover, water (twice daily), or apply non -toxic soil binders to
exposed stockpiles (dirt, sand, etc.);
k. limit traffic speeds on unpaved roads to 15 miles per hour;
I. install sandbags or other erosion control measures to prevent silt runoff to
public roadways during;
M. replant vegetation in disturbed areas as quickly as possible;
n. all construction equipment shall be properly tuned and maintained;
o. contractors shall maintain and operate construction equipment so as to
minimize exhaust emissions;
P. trucks and vehicles in loading or unloading queues shall not idle;
q. construction activities shall be staged and scheduled to avoid emissions
peaks, and discontinued during second -stage smog alerts
90. During construction of the Proposed improvements, in accordance with Public
Resources Code 5097.94, if human remains are found, the Orange County
coroner must be notified within 24 hours of the discovery. If the coroner
determines that the, remains are not recent, the coroner will notify the Native
American Heritage Commission in Sacramento to determine the most likely
descendent for the area. The designated Native American representative then
determines in consultation with the property owner the disposition of the human
remains.
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City of Newport Beach
Planning Commission Resolution No.
Paae 15 of 16
91. The applicant shall be responsible for the payment of all administrative costs
identified by the Planning Department within 30 days of receiving a final notification
of costs or prior to the issuance of a Building Permit.
92. All landscape materials and landscaped areas shall be installed and maintained
in accordance with the approved landscape plan. All landscaped areas shall be
maintained in a healthy and growing condition and shall receive regular pruning,
fertilizing, mowing and trimming. All landscaped areas shall be kept free of
weeds and debris. All irrigation systems shall be kept operable, including
adjustments, replacements, repairs, and cleaning as part of regular maintenance.
93. Prior to issuance of any Certificate of Occupancy, applicant shall provide an
agreement, in form acceptable to the City Attorney, which provides for
maintenance of landscaping within the Bayside Drive right -of -way between the
back of public sidewalk and the boundary of the Tract Map. The agreement shall
include right of entry to the right -of -way for the benefit of the applicant, the
Homeowners association, and any successors for purposes of maintaining the
landscaping.
94. Prior to issuance of any Certificate of Occupancy, applicant shall complete
construction of public access improvements including the walkway along
Promontory Bay, the on -land and cantilevered walkway across and along the
bulkhead, and the ramp connecting this walkway to the existing floating walkway.
95. Prior to issuance of a Certificate of Occupancy for the first dwelling constructed in
the tract, applicant shall provide an agreement, in form acceptable to the City
Attorney, which provides for maintenance of the pedestrian accessways on Lot
"B ", for the ramp extending from such accessways to the floating dock, for the
floating dockway, and for related improvements by the Homeowners Association.
The agreement shall include right -of -entry to the City's property for the benefit of
the applicant, the Homeowners Association, and any successors for purposes of
maintaining the improvements.
96. Prior to issuance of any Certificate of Occupancy, applicant shall provide a
disclosure statement, in form acceptable to the City Attorney and to the Planning
Director, which shall be provided to each prospective lessee of one of the 17 lots
in the subdivision advising of the potential noxious characteristics of the nearby
boatyard which could adversely affect the prospective lessee's enjoyment of the
property. The disclosure statement shall be included and recorded with the
Conditions, Covenants, and Restrictions at the County Recorder's Office and
each lessee shall be required to acknowledge receipt of the disclosure
statement, in writing, prior to executing a lease and the written acknowledgement
shall be recorded together with the lease agreement with the County Recorder.
97. Prior to recordation of the Final Tract Map, applicant shall provide an instrument,
in form acceptable to the City Attorney, dedicating an easement for public access
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City of Newport Beach
Planning Commission Resolution No.
Paae 16 of 16
over and across the on -land and cantilevered walkway on the bulkhead at the
southerly boundary of the Tract, the pedestrian ramp extending from the walkway
on the bulkhead to the floating walkway, and that portion of the floating walkway
shown on the Tract Map and necessary to provide pedestrian access from the
pedestrian ramp to the floating dockway on the adjacent property to the east.
A