HomeMy WebLinkAboutNewport Bay Marina - 2300 Newport Blvd - PA201-210CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
December 7, 2006
Agenda Item No. 5
TO: PLANNING COMMISSION
FROM: Planning Department
William Cunningham, Contract Planner
(949) 644 -3200, dgbc@verizon.net
SUBJECT: Newport Bay Marina (PA2001 -210)
Use Permit No. 2001 -038,
Site Plan Review No. 2001 -004, &
Newport Beach Tract Map No. 2004 -003
2300 Newport Boulevard (Cannery Village /McFadden Square)
APPLICANT: ETCO Investments, LLC
Staff has revised the resolution approving the proposed project incorporating all the
changes as directed at the last meeting.
Prepared & submitted by:
Ja es Campbell, Senior Planner
Exhibits
Revised draft resolution for project approval.
RESOLUTION NO. _
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING SITE PLAN REVIEW NO. 2001 -004, USE
PERMIT NO. 2001 -038, AND NEWPORT TRACT MAP NO. 2004 -003
(VESTING TENTATIVE TRACT MAP. NO. 16594) FOR PROPERTY LOCATED
AT 2300 NEWPORT BOULEVARD (PA2001 -210).
The Planning Commission of the City of Newport Beach does hereby find, resolve and order as
follows:
Whereas, an application was filed by ETCO Development, Inc. with respect to
property located at 2300 Newport Boulevard (PA2001 -210) and legally described as Lot 1 of
Parcel Map P.M.B. 68/48. The applicant seeks approval of a Site Plan Review, Vesting
Tentative Tract Map, and Use Permit for the construction of a mixed use development consisting
of 27 residential units, 36,000 square feet of commercial floor area, and the reconstruction of
bulk heads and boat slips on approximately 2.36 acres in the Cannery Village/McFadden
Square area.
Whereas, a public hearing was held on October 5, 2006 and continued to November
2, 2006 and November 16, 2006 in the City Hall Council Chambers, 3300 Newport Boulevard,
Newport Beach, California. A notice of time, place and purpose of the meetings was given.
Evidence, both written and oral, was presented to and considered by the Planning Commission
at the meeting.
Whereas, the Planning Commission finds as follows:
Consistent with the General Plan
The Land Use Element of the General Plan designates the project site as Mixed Use Water
2 (MU -W2) which allows retail and office commercial uses and residential uses above the
first floor provided that development does not exceed established floor area limits. The
proposed project includes a mix of commercial and residential development that will replace
the existing commercial development occupying the site. The project will provide a range of
coastal - related and visitor - serving commercial uses and will provide residential uses above
the first floor, as prescribed by the Land Use Element and zoning regulations that regulate
development. Public access to the marina area is provided along the frontage of the project
from Newport Boulevard. No significant natural landforms, including coastal bluffs and cliffs,
are located on the site or in the immediate area. Public views of the marina area will be
maintained through the public walk located along the frontage of the development and from
Newport Boulevard via a view and access corridors through the development. The existing
boat slips will be reconstructed and will continue to accommodate marine uses and a new
10 -foot wide public walkway will provide public access to the waterfront. The proposed
project is designed to complement the nautical and historical maritime character of the area.
Therefore, the project is consistent with the Land Use Element of the General Plan.
2. The Coastal Land Use Plan designates the project site as Recreational and Marine
Commercial and permits retail and commercial uses and residential uses above the first
floor. Further, the CLUP outlines a number of policies that require new developments to
provide lateral public access along the bayfront and access from public streets. The project
proposes to establish commercial uses with residential uses above, and to provide both
Resolution No. _
Page 2 of 20
vertical and lateral access to and along the waterfront. Due to these factors, the project is
deemed consistent with the Local Coastal Plan Land Use Plan.
Consistent with the Cannery trllagelMcFadden Square Specific Plan
The Cannery Village Specific Plan is intended to provide an active pedestrian - oriented,
specialty retail area with a wide range of uses including retail, professional offices that
provide service directly to the public, residential uses above the first floor, commercial and
marine - related uses. The project provides commercial retail and office uses with residences
above the first floor, and incorporates publicly accessible plaza and walkway along the
waterfront to promote pedestrian- orientation.
2. The proposed architecture of the project incorporates building materials that reflect an
image of permanence, stability and strength, and quality, including the use of ceramic tile,
stone, brick and brass consistent with the McFadden Square design theme. Therefore, the
project is consistent with the Cannery Village /McFadden Square Specific Plan.
Use Permit for Building Height
The project incorporates .open terraces and balconies on upper floors, undulating wall:
planes along the .Newport Boulevard that result in visual relief, and an open corridor has:
been provided within the center of the project. In addition, the roof lines have been varied in
order to give visual relief that results in an appearance that is in scale with the overall design
of the project. These features increase open space that is visible by the public. The open
aspects of the terraces and balconies and location of the portions of the buildings that
exceed the basic 26 -foot height limit will provide a slightly greater view of the sky for
someone on the street and result in building design that is balanced and in more in scale
with the overall building bulk than could be constructed within the basic height limit.
2. The building height above 26 feet creates the ability to construct two levels of residential use
above first floor commercial. The increase by 9 feet also allows more open space and less
building arealbulk at the Plaza Level, thereby decreasing overall building bulk on the site and
increasing the view corridor through the project form the public streets. The increase height
allows greater flexibility in design, which is exhibited in the project, and is architecturally
superior to that achievable within the 26 -foot height limit.
3. Consistent with the eclectic nature of McFadden Square, there is a variety of building
heights in the area. Surrounding buildings are generally one and two story at or near the 26-
foot height limit. Some projects include adjacent restaurants, and other projects in the
vicinity that exceed the 26 -foot height limit. A variety of roof planes, vertical wall setbacks
and balcony areas are incorporated into the design of the buildings as well as interior open
space, plaza and pedestrian corridors within the interior of the project, which helps lessen
the bulk of the buildings as perceived from Newport Boulevard and the Arcade. As a result
of the presence of other buildings of comparable height in the area and the location, design
and bulk of features of the project that exceed 26 feet, and the setback of upper floors on
the buildings fronting Newport Boulevard, the increased height to accommodate these
specific features is not an abrupt change in scale. Restricting the buildings to 26 feet in
height would not improve views of the bay through the property. In addition, the project has
been designed to be consistent with the design theme, building materials and design
features included in the Specific Plan #6.
Resolution No. _
Page 3 of 20
4. The commercial floor area ratio of the project is 0.35, which is below the maximum of 0.50
FAR and the maximum residential floor area ratio of 0.75 has not been exceeded. In
addition, the proposed number of dwelling units is 27, which is less than the permitted
maximum of 43 dwelling units; therefore the project does not achieve any additional floor
area due to the additional height.
Site Plan Review
The site is flat, developed with older buildings and paved with concrete and asphalt with limited
landscaping. There are no unique natural landforms or coastal bluffs or other environmental
resources. No known archaeological and paleontological resources are known to exist and are
unlikely to exist due to the disturbed nature of the site. The site will be graded to maintain the
top of bulkhead elevation at 9 feet above mean low water (8.67 NAVD 88). This results in a
grade level that approximates the current grade level and does not constitute significant
alteration of the site as the grade will be similar to abutting properties. The development of the
lots provides a 10 -foot bulkhead setback, within which a 10 -foot easement will be dedicated for
public access to the waterfront, which does not exist today.
2. The proposed eleven buildings are consistent with the development standards of the-Cannery
Village/McFadden Square Speck Plan with the exception of building height: Their height and
bulk is comparable to other structures located in the vicinity.
3. The development proposes to increase and enhance the view from Newport Boulevard through
the center of the property by providing a plaza area in front of and on either side of the slipway
that is proposed to be maintained. No public parks are in the vicinity where views would be
impacted. The project provides a 10 -foot public access easement within the 10 -foot bulkhead
setback along the channel and access will be provided from Newport Boulevard via the Plaza
area and from Arcade /22nd Street via a Paseo. From these easements and accessmew
corridors, that presently do not exist, public views will be enhanced.
4. The project has been designed in a manner to preserve and enhance environmentally sensitive
areas in that the loss of an existing slipway is mitigated by the expansion and upgrading of the
additional existing slipway and other mitigation measures have been incorporated to enhance
the marine environment of the site.
5. The project site is not subject to any increased potential of geologic hazard due to its location
over that of other properties in the area. All applicable City and State building codes and
seismic design recommendations contained within the Preliminary Geotechnical investigation
will be applied through the issuance of a building permit, which will minimize possible risks of
liquefaction damage during an earthquake.
6. A noise analysis was completed for the project and it indicates that noise levels will be
maintained at levels consistent with the Noise Element of the General Plan and the Community
Noise Ordinance through appropriate noise mitigation measures that have been included in the
Environmental Impact Report and incorporated as conditions of approval, therefore, it is not
anticipated that the project will be subject to excessive noise. The residential portions of the
project will need to be sound insulated sufficiently to ensure compliance with interior and
exterior noise standards of the Community Noise Ordinance.
7. The Planning, Public Works and Building Departments have reviewed the site plan for proper
pedestrian and vehicle function, and a traffic study has been completed in conjunction with the
Resolution No. _
Page 4 of 20
preparation of the Environmental Impact Report. The Public Works Department is satisfied with
access and circulation on Newport Boulevard and area intersections are not expected to be
impacted. Public access to the water front along the Rhine Channel is provided in accordance
with the Zoning Code. A 10 -foot wide horizontal easement that is parallel to the water front will
be dedicated to the public and will be improved with a walkway by the applicant. The easement
and walkway will be directly accessible by the public from Newport Boulevard and Arcade/22nd
Street via two access easements. The project has been conditioned to require the dedication
and recordation of vertical access easements from Newport Boulevard and Arcade /22rtd Street.
8. The project is compatible with the Land Use Element of the General Plan and with the Cannery
Village McFadden Square Specific Plan in that in that both documents designate the site for
Recreational and Marine Commercial Uses, which allows marine - related retail and office
commercial land uses and residential uses above the first floor commercial uses. Further, the
project has been evaluated against the policies and objectives of the General Plan and the
McFadden Square Specific Plan and a determination has been made that the project is
consistent with those policies and objectives.
9. The project has been developed in a manner to take into consideration of site characteristics,
particularly as they relate to submerged areas and other sensitive areas in that mitigation
measures have been included as conditions for the project approval requiring enhancement of
the marine biota, and the bulkheads, boat docks and slipway.
10. The air conditioning units will be located on the roofs of the buildings behind roof parapets and
will not be visible from the ground. Trash storage areas will be accommodated within the
subterranean parking level and within enclosed trash areas on the deck level, and will only be
visible for trash- pickup.
11. There are no known archaeological resources on the project site, and the historic significance
of the site and structures on the site has been evaluated, and mitigation measures have been
incorporated into the project approval to mitigate the loss of older buildings on the site and to
otherwise document the past use of the site as a shipyard.
12. There are no residences adjacent to or in close proximity to the project site. Due to the small
size of the commercial uses and the fact that that they are within a mixed use project, land use
conflicts or other negative impacts to nearby residences are not anticipated.
Tract Map
The subdivision is consistent with the General Plan and the Cannery Village/McFadden
Specific Plan. Additionally, the proposed subdivision is consistent with the Newport Beach
Subdivision Code and Subdivision Map Act and conditions of approval have been included to
ensure compliance.
2. The site to be subdivided is flat and developed with urban uses. No other physical constraints
to construction are known. The proposed subdivision will result in a single lot subdivision for
condominium purposes in order to sell individual residential units. Applicable planning policies
and codes permit mixed use development where one residential unit is permitted above a
commercial space with a maximum number of dwelling units not exceeding one dwelling unit
for every 2,375 square feet of net lot area. That standard results in a maximum of 43 dwelling
units permitted, and the project proposes 27 dwelling units. Therefore, the site is suitable for
the type and density of development proposed.
Resolution No. _
Page 5 of 20
3. An Environmental Impact Report has been prepared for the project. It concludes that the
environmental impacts of the project can be mitigated to a less than significant level with the
exception of historical resources, in which case mitigation measures have been included and a
Statement of Overriding Considerations prepared in accordance with the CEQA Guidelines.
The site is developed in a highly urbanized area and no significant natural resources exist in
the area of the project site except for Newport Bay. The project includes a system of filtering
storm runoff on site before it is discharged into the storm water system. The project also
includes improvements to the local storm water system where a fossil type filter will be installed
to treat the first or low flow discharge prior to discharge to Newport Bay. In addition, the loss of
marine habitat area resulting from the closure of an existing slipway will be mitigated through
the expansion and enhancement of the second slipway. These features will mitigate and
improve water quality thereby avoiding impacts to fish or wildlife.
4. The project consists of a mixed use commercial and residential that includes 27 condominium
dwelling units permitted by local ordinances and the General Plan. No evidence is known to
exist that would indicate that the proposed subdivision pattern would generate any serious
public health problems.
5. An existing view easement through the approximate center of the project site will be maintained
and enlarged. Public utility easements for utility connections that serve the project site are
present and will be modified, if necessary, to serve the new project. The project will result in the
creation of public access easements through the property and along the waterfront that do not
currently exist. Therefore the proposed subdivision will not adversely- impact public easements.
Public improvements may be required of a developer per Section 19 of the Municipal Code and
Section 66411 of the Subdivision Map Act and public improvements may be required of a
developer per Section 20.91.040 of the Municipal Code.
6. The project site does not include any lands subject to the California Land Conservation Act of
1965 (Williamson Act).
7. The project is consistent with the Cannery Village/McFadden Square Specific Plan and the
provisions of the Recreational and Marine Commercial (RMC) District regulations of the
Specific Plan.
8. The design of the proposed project provides each lot with direct southern exposure to the
maximum extent feasible, therefore, solar access and passive energy conservation goals are
met.
9. The proposed subdivision facilitates the creation of 27 new residential units that likely would not
be developed due to current housing trends although they could be developed under existing
zoning provisions without the subdivision. These 27 new units will assist the city in meeting its
housing needs. Public services are available to serve the proposed development of the site
and the Environmental Impact Report prepared for the project indicates that the project's
potential environmental impacts can be mitigated to a level of less than significance with the
exception of historical resources, in which case mitigation measures have been incorporated
and a Statement of Overriding Considerations has been included.
10. Waste discharge into the existing sewer will be consistent with retail commercial, office and
residential use due to the design and limitations of the use property established by existing
zoning regulations. It is not anticipated that waste discharge into the sewer from these uses
Resolution No.
Page 6 of 20
would violate any Regional Water Quality Control Board (RWQCB) requirements or Orange
County Sanitation District standards.
11. The proposed project is entirely within the coastal zone and the site is presently developed or
occupied with both coastal- related and non - coastal related uses, coastal- dependent uses or
water - oriented recreational uses. Although the City of Newport Beach does not have a certified
Local Coastal Program, the project is consistent with the city's certified Local Coastal Program
Land Use Plan. Coastal access, both visually and physically, is improved by the project through
proposed public walkway /access easements and by an increase in the view corridor through
the property. The Recreation policies of the Coastal Act require that sites suitable for water -
oriented recreational activities that cannot be supplied inland must be protected. These policies
prioritize water -oriented recreational activities over other land uses and encourage aquaculture
and water - oriented recreational support facilities. The portion of the project site proposed to be
subdivided is not suitable for water - oriented recreational activities due to its size and location,
however, the existing marina is being upgraded and a slipway is being enlarged and enhanced
to allow for increased boating activity. Further, the project preserves and enhances the primary
marine dependent use by reconstructing the marina consistent with the California Department
of Boating and Waterways standards.
WHEREAS, the Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In addition,
project opponents often seek an award of attomeys' fees in such challenges. As project applicants
are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear
the expense of defending against any such judicial challenge, and bear the responsibility for any
costs, attorneys' fees, and damages which may be awarded to a successful challenger; and
NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS
FOLLOWS:
Section 1. Based on the aforementioned findings, the Planning Commission hereby
approves Site Plan Review No. 2001 -004, Use Permit No. 2001 -038, and Newport Tract Map
No. 2004 -003 (Vesting Tentative Tract Map. No. 16594), subject to the conditions set forth in
Exhibit °A" attached.
Section 2. This action shall become final and effective fourteen (14) days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this
action is call for review by the City Council in accordance with the provisions of Title 20, Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 15'" DAY OF NOVEMBER, 2005.
AYES: Cole, Eaton, Hawkins, Henn, Poetter
NOES: Toerae
ABSENT: None
M
Jeffrey Cole, Chairman
Robert Hawkins, Secretary
Resolution No. _
Page 7 of 20
Resolution No.
Page 8 of 20
Exhibit "A"
Conditions of Approval
The development shall be in substantial conformance with the approved plans dated
September 11, 2006, except as modified below.
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. Project approvals, with the exception of the Vesting Tentative Tract Map, shall expire unless
exercised within 24 months from the effective date of approval as specified in Section
20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted
by the Planning Director in accordance with applicable regulations.
4. The applicant shall obtain a Coastal Development Permit from the California Coastal
Commission prior to the issuance of any building or grading permit for the project.
5. In lieu of the requirement for 2915% of the proposed dwelling units to be affordable as
defined by the City's Housing Element, a fee of $25,000 per unit built for a total of $675,000
shall be paid to the City to satisfy the project's affordable housing requirement.
6. The developer shall pay a parkland dedication in -lieu fee pursuant to Chapter 19.92 of the
Municipal Code prior to the issuance of a building permit for each unit or recordation of the
final tract map. If the project is recorded in phases, the fee attributable to each phase is due
prior to the recordation of each phase.
Exterior decks, exterior balconies, exterior terraces, setback areas, breezeways for vehicular
parking areas, open vehicular parking areas or exterior walkways shall not be covered or
enclosed without the prior approval of the Building and Fire Departments and the Planning
Commission.
8. 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.
9. All trash receptacles shall be stored within approved enclosed spaces or shall otherwise be
screened from public view as determined by the Planning Director.
10. The commercial spaces within the project shall not be converted or used for residential
purposes. Residential spaces shall be used for residential purposes and shall not be
converted or used for exclusive commercial purposes. Commercial activity within the
residential portions of all buildings shall comply with Section 20.60. 100 (Home Occupations
in Residential Districts).
11. The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape
architect or licensed architect for on -site and adjacent off -site planting areas. These plans
shall incorporate drought tolerant plantings and water efficient irrigation practices, and the
plans shall be approved by the Planning Director prior to the issuance of a building permit.
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
Resolution No. _
Page 9 of 20
selected. 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. In addition, an
12. All landscape materials and landscaped areas shall be 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.
13. Prior to the issuance of building permits, the applicant shall dedicate a 10 -foot wide public
access easement along the entire water frontage of the property to the City of Newport
Beach. The access easement shall be subject to the review and approval of the Newport
Beach City Attorney and Coastal Commission prior to recordation. The easement shall be
improved with a hard paved surface and railings as approved by the Public Works
Department. In addition, minimum; 6 -foot wide lateral easements shall be provided within
the plaza area from Newport Boulevard and the paseo area from the Arcade to connect to
the 10 -foot waterfront easement. The easements shall be directly accessible by the public
from Newport Boulevard and not be gated, enclosed or otherwise blocked by present or
future property owners or occupants of the property. Present or future property owners or
occupants shall not place or store any objects including but not limited to boats, tables,
chairs, umbrellas and shade canopies within the easement area. All of the foregoing
easements shall be delineated on the final parcel map prior to recordation of said map and
on the building plans prior to issuance of building permits. If the applicant proposes to pull
building permits prior to the recordation of the easements, a separated instrument shall be
prepared and recorded to the approval of the Planning Director and the City Attorney prior to
issuance of the building permits.
14. The project must comply with the interior and exterior noise standards for residential uses of
the Noise Ordinance. The interior noise standard is 45dBA between the hours of 7:OOAM
and 10:OOPM and 4540dBA between the hours of 10:OOPM and 7:OOAM. The exterior noise
level standard is 5560dBA between the hours of 7:OOAM and 10:OO13M and 50dBA between
the hours of 10:OOPM and 7:OOAM. An acoustic study shall be performed by a qualified
professional that demonstrates compliance with these standards of the Noise Ordinance.
This acoustic study shall be performed and submitted to the City Planning Department prior
to occupancy of the project. If the exterior noise levels exceed applicable standards,
additional mitigation shall be required which may include the installation of additional sound
attenuation devices as recommended by the acoustic study and subject to the approval of
the Planning Director.
15. Each residential unit and each commercial building shall be separately 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.
16. All improvements within the public right of way shall be constructed as required by
Ordinance and the Public Works Department.
Resolution No. _
Page 10 of 20
17. Disruption caused by construction work along roadways and by movement of construction
vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic
control and transportation of equipment and materials shall be conducted in accordance with
state and local requirements. Large construction vehicles shall not be permitted to travel
narrow streets and alleys as determined by the Public Works Department.
18. Arrangements shall be made with the Public Works Department in order to guarantee
satisfactory completion of the public improvements, if it is desired to obtain a building permit
prior to completion of the public improvements.
19. 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 and public improvements prior to recording of the tract map.
Any modifications or extensions to the existing storm drain, water and sewer systems shown
to be required by the study shall be the responsibility of the developer.
20. The applicant shall provide wheel stops or other approved protective barrier methods as
necessary within the parking areas. The parking spaces shall be marked with approved
traffic markers subject to the approval of the Public Works Department or painted white lines
not less than 4 inches wide.
21. Fair Share traffic mitigation fees shall be paid to the City prior to the issuance of any building
or grading permit for new construction on the project site.
22. 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.
23. Overhead utilities serving the site to be subdivided shall be undergrounded to the nearest
appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is
determined by the City Engineer that such undergrounding is physically infeasible.
24. The final tract map shall be prepared on the California coordinate system (NAD88). Prior to
recordation of the final map, the surveyor/engineer preparing the map shall submit to the
County Surveyor and to the City of Newport Beach a digital- graphic file of said map in a
manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code
and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the final
map, the surveyor/engineer preparing the map shall tie the boundary of the map into the
Horizontal Control System established by the County Surveyor in a manner described in
Section s 7 -9 -330 and 7 -9-337 of the Orange County Subdivision Code and Orange County
Subdivision Manual, Subarticle 18. The map to be submitted to the City shall comply with
the City's CADD Standards — scanned images will not be accepted. Monuments (one inch
iron pipe with tag) shall be set on each lot corner unless otherwise approved by the
Subdivision Engineer. Monuments shall be protected in place if installed prior to completion
of construction project.
25. Easements for public emergency and security ingress /egress, weekly refuse service, and
public utility purposes shall be dedicated to the City and shall be made part of the tract map.
Resolution No.
Page 11 of 20
26. 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.
27. The existing curb drain located under the Newport Boulevard sidewalk near the northerly
property line that discharges onto Newport Boulevard shall be removed and reconstructed
with a minimum 5 -foot section of the existing concrete curb and gutter at said location.
28. The entire length of the existing Newport Boulevard concrete sidewalk fronting the
development shall be reconstructed. The existing curb access ramp that serves the existing
Newport Boulevard crosswalk shall be reconstructed to comply with current ADA
requirements. Provide full width cold mill and reconstruct the top 2 -inch of the existing
Arcade roadway pavement fronting the development.
29. The applicant shall reimburse the Public Works Department for the cost of curb
repainting/stencil along Newport Boulevard in the vicinity of the project.
30. The applicant shall adjust the existing and/or install new water valve boxes and sanitary
sewer manhole frames and covers within the existing Newport Boulevard sidewalk fronting
the development..
31. The applicant shall replace all existing street light pull boxes within the Newport Boulevard
sidewalk fronting the development with Eisel Enterprises No. 3 -1 /2F pull boxes and covers
per City Standard Plan No. STD - 204 -L. Any damage done to the existing electrical wiring
will require full length wiring replacement between pull boxes. No splices between pull
boxes shall be allowed.
32. Construction of waterway improvements shall be to the approval of the Public Works
Department, including the requirement for installation of water agitator(s) if deemed
necessary by the Department. Construction of the 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.
33. Where deemed applicable by the Public Works Department, ADA compliant curb access
ramps shall be constructed along the length of the on -site pedestrian path.
34. All storm drain and sanitary sewer mains shall be installed with MacWrap to minimize the
potential of seawater contamination from potential main leakage.
35. Garages and carports shall have a minimum clear interior width of 9 ft. -3 inches and depth
of 18 ft. -6 inches, and all garage doors shall be a minimum of 8 feet wide. Columns located
at or near the rear of parking stalls shall be pulled back at least 2 feet. The proposed
parking layout shall comply with City Standards STD - 805 -L -A and STD- 805 -L -B.
36. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject
to further review by the Traffic Engineer.
37. All work within the public right of way shall be completed under an encroachment permit
issued by the Public Works Department.
Resolution No. _
Page 12 of 20
38. Street, drainage and utility improvements shall be shown of standard improvement plans
prepared by a licensed civil engineer and approved by the City Engineer. All non - standard
improvements shall be shown on standard improvement plans prepared by a licensed civil
engineer and approved by the City Engineer and the City Council.
39. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or
other applicable section or chapter, street trees shall be required and shall be subject to the
review and approval of the General Services and Public Works Departments.
40. An encroachment agreement is required for all non - standard improvements within the public
right -of -way. Prior to the issuance of an encroachment permit for the construction of non-
standard improvements, an association or maintenance assessment district shall be formed
that will be responsible for the maintenance of the non - standard improvements. This
association or assessment district must be formed and approved by the City prior to
recordation of the tract map or issuance of any Grading or Building Permits unless otherwise
approved by the Public Works Department.
41. A site plan shall be provided prior to recordation of any tract map or issuance of a building
permit for new construction showing the location of all proposed street lights, fire hydrants,
trees, landscape, vents and other obstructions.
42. The applicant shall be responsible for the payment of all applicable City plan check and
inspection fees.
43. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays
or glare are permitted to shine onto public streets or adjacent sites or create a public
nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut-
off fixtures.
44. All access drives into the parking area shall be designed with ramp widths and gradients to
the requirements and approval of the City Fire Department, shall be capable of supporting
fire apparatus with a total weight of 72,000 pounds, and shall be marked as fire lanes.
Ramp slopes shall not exceed 15 percent maximum with a maximum grade change of 11
percent and shall comply with City standards STD - 160 -L -B and STD - 160 -L -C.
45. Fire hydrants shall be spaced at a maximum of 300 apart to the approval of the Fire
Department.
Building Code 2004 F dkien g as ather+.: s appFeved by the Care DepaFtmen4
4746. Automatic fire sprinkler system (NFPA13) shall be required for all buildings including the
underground parking area.
48-47. Class I Standpipes shall be provided in the underground parking area, on the fire access
road on the deck, and in stairwells of Buildings B and C.
49-48. A fire alarm system shall be provided to the approval of the Fire Department, including
provisions for occupant alerting in the retail and office suites. Residential units shall be
provided with smoke detectors located in accordance with the California Building Code and
powered through the fire alarm control panel. The residential system shall be two phases:
Resolution No.
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first smoke detector activated shall alarm in the unit only; second smoke detector or
activation of waterflow switch shall put all buildings into alarm.
5049. The docks shall be provided with a Class III Standpipe System in accordance with City
of Newport Beach guideline "Fire Protection for Marinas, Wharves and Piers."
54-50. Prior to the issuance of a Public Works Encroachment Permit or the first grading permit,
whichever occurs first, the applicant shall prepare to the approval of the City Engineer a
Construction Traffic Management and Control Plan that shall include phasing details,
construction timing/hours, all construction- related traffic including timing, haul routes,
signage, detours, and location(s) that debris will be trucked to for disposal. The plan shall
include provisions for a traffic staging area to be located off -site and in a location outside of
Balboa Peninsula — under no circumstances shall staging be allowed at any time on The
Arcade /22nd Street; shall provide that all construction related vehicles including the vehicles
used by workers to commute to the site, be parked either on site or in an off -site staging
area; and shall include provisions for construction - related activities and traffic during
summer months (beginning the Friday preceding Memorial day and ending on Labor Day)
be restricted in a manner so as not to impact normal vehicle and pedestrian traffic along
Newport Boulevard, Balboa Boulevard between 32""a Stra -°
Straetand 22 Id Street/The Arcade. In addition, the Plan shall include those additional
component parts and revisions as recommended by City Traffic Engineer. in phis November 9,
2006 memo. The Construction Traffic Management and Control Plan shall "'be submitted to
within a 300 -foot radius advising of the Planning Commission review of the plan.
551. All noise generating construction activities shall be limited to the hours of between 7:00
a.m. and 6:30 p.m. weekdays and between 8:00 a.m. and 6:00 p.m. on Saturdays.
Construction activities are prohibited on Sundays and Federal holidays. The provisions of
Municipal Code Section 10.28.040, Construction Activity — Noise, shall be met at all times.
{ 53:52. Mitigation Measures —Aesthetics:
a. Prior to the issuance of a building permit, a landscape plan shall be prepared by a
licensed landscape architect for the project for review and approval by the Planning
Director. Said landscape plan shall enhance the property and provide visual softening of
the proposed three -story buildings and site lighting. The landscaping shall be installed in
recognition of vehicular and pedestrian circulation (sight distance considerations, etc.)
and safety.
b. Prior to the issuance of a building permit, a site lighting plan shall be prepared and
submitted to the Planning Department for review and approval. Building and parking lot
lighting shall be designed and installed so that all direct lighting rays are confined to the
site and adjacent properties and roadways are protected from glare.
5453. Mitigation Measures — Air Quality:
a. During construction activities, the applicant shall ensure that the following measures are
complied with to reduce short-term (construction) air quality impacts associated with the
project: a) controlling fugitive dust by regular watering, or other dust palliative measures
to meet South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive
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Dust); b) maintaining equipment engines in proper tune; and c) phasing the scheduling
construction activities to minimize project- related emissions.
b. During demolition and excavation, daily total haul trucks shall travel no more than a
cumulative 2,600 miles hauling materials from the project site to the dumping site and
back again. Prior to commencement of demolition and grading, the project applicant
shall submit to the City calculations showing the proposed travel route for haul trucks,
the distance traveled, and how many daily truck trips that can be accommodated while
keeping the cumulative miles traveled to below 2,400 miles each day. The daily truck
trips shall not exceed this amount during demolition and excavation.
c. During construction activities, the applicant shall ensure that the project will comply with
SCAQMD Rule 402 (Nuisance), to reduce odors from construction activities.
554. Mitigation Measures — Biological Resources:
a. Prior to issuance of a grading permit, a survey will be conducted for the presence of
eelgrass and Caulerpa. The biological assessments conducted by CRM and MBC
indicate that neither species is present in the project locations, but it is required that nor
more than 90 days nor less than 30 days prior to initiation of actual construction that
both eelgrass and Caulerpa surveys be conducted in September or October, in which
case the results are relevant until the following growth period beginning in March. In no
case, will an eelgrass or Caulerpa survey be conducted from November to February
(non - growth period) be acceptable.
b. Prior to the issuance of any Certificates of Use and Occupancy, the project applicant
shall implement the recommended mitigation pertaining to the replacement and
restoration Pickleweed and the mudflat area presented in the mudflat area presented in
the biological resources report prepared by MBC Applied Environmental Sciences.
5.55. Mitigation Measures — Cultural Resources:
a. During construction activities, if archaeological and /or paleontological resources are
encountered, the contractor shall be responsible for immediate notification and securing
of the site area immediately. A qualified archaeologist and /or paleontologist approved
by the City of Newport Beach Planning Director shall be retained to establish procedures
for temporarily halting or redirecting work to permit sampling, identification, and
evaluation of cultural resource finds. If major archaeological and/or paleontological
resources are discovered which require long -term halting or redirecting of grading, a
report shall be_ prepared identifying such findings to the City and to the County of
Orange. Discovered cultural resources shall be offered to the County of Orange or its
designee on a first refusal basis.
b. The historical study prepared by LSA dated October 2005 recommends the mitigation to
reduce the significant impacts to historical resources through the following methods:
i. Documentation of the South Coast Boatyard shall be provided by the developer prior
to issuance of demolition permits by the City of Newport Beach. Prior to issuance of
demolition permits, the Planning Director shall be provided an historic narrative,
photographs, and architectural drawings of all on -site buildings in accordance with
Historic American Building Survey (HABS) Level 1 documentation requirements.
Resolution No. _
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The Planning Director shall ensure that the HABS documentation is deposited with
the Newport Beach Historical Society, the City of Newport Beach Public Library, the
Newport Harbor Nautical Museum, and the SCCIC located at California State
University, Fullerton, prior to the issuance of demolition permits.
ii. Prior to issuance of building permits, the Planning Director shall review project
building plans and permits to ensure incorporation of design features referencing and
memorializing the character - defining features of the South Coast Boatyard into
design of the project, including, but not limited to, incorporation of a commemorative
plaque depicting the buildings and their context to the historical importance of the
structures on site. Such plaque shall be oriented to a public right -of -way, so as to be
visible and accessible to the public form such right -of -way.
iii. If previously undocumented cultural resources are found during construction
activities within the current project area, a qualified professional archaeologist shall
assess the nature and significance of the find in order to recommend appropriate
mitigation measures, halting construction activity in the vicinity of the find, if
necessary.
556. Mitigation Measures— Geology and Soils:
a. The project shall implement the recommendations presented in the geotechnical reports
prepared by Petra presented in Appendix D, Volume II of the El R.
b. Prior to the commencement of construction, design criteria and project specifications that
include ground improvement techniques such as stone columns, use of deep foundations
which penetrate below the liquefiable zone, pressure grouting, or appropriate combinations
of these measures shall be incorporated into the plans for the project.
c. Develop design criteria and project specifications that recognize groundwater may be
encountered at the proposed depth of the subterranean parking area. Construction of mat
foundations or structural slabs may be required. Design of utility lines and surface drainage
in the subterranean parking should also consider the presence of a shallow groundwater
table.
d. Use appropriate type of cement and concrete specification according to Table 19-A -4 of the
Uniform Building Code to mitigate contact with corrosive soils and sea water that may come
in contact with footings in the area.
5759. Mitigation Measures— Hazards and Hazardous Materials:
a. If during grading and /or construction activities a potential contaminated area is
encountered, construction shall cease in the vicinity of the contaminated area. An
assessment shall be performed by a qualified hazardous materials specialist to determine
the extent and type of contamination. If the site investigation reveals that contamination
with pollutant concentrations in excess of Action Levels, as defined by the California
Department of Health Services and the California Regional Water Quality Control Board,
the site shall be remediated during the project construction phase in compliance with the
State of California Hazardous Substances Control Law (Health and Safety Code Division
20, Chapter 6.5) standards established the California Department of Health Services, Office
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of Statewide Health Planning and Development, and the requirements of California
Administrative Code, Title 30, Chapter 22 and applicable Federal regulations.
b. The proper use and maintenance of construction equipment, along with the use of general
common sense, greatly reduces the potential for contamination. All grading and building
plans will include the following construction related measures and that the measure shall be
followed by the construction contractor and crew:
The storage of hazardous materials, chemicals, fuels, and oils and fueling of
construction equipment shall be a minimum of 45 meters (150 feet) from any drainage,
water supply, or other water feature.
ii. Hazardous materials stored onsite shall be stored in a neat, orderly manner in the
appropriate containers and, if possible, under a roof or other enclosure.
iii. Whenever possible, all of a product shall be used up before disposal of its container.
iv. if surplus product must be disposed of, the manufactures or the local and state
recommended methods for disposal shall be followed.
v. Spills shall be contained and cleaned up immediately after discovery. Manufacturer's
methods for spill cleanup of a material shall be followed as described on the Material
Safety Data Sheets (MSDS) for each product.
c. Prior to the issuance of any certificate of use and occupancy permit(s), the project applicant
shall submit written evidence from the California Regional Water Quality Control Board
Santa Ana Region that no further action is needed and all remediation is completed and
occupancy can proceed.
d. Prior to the issuance of a grading permit, the applicant shall provide evidence that a Final
Work Plan (for remediation) has been approved by the RWQCB and that said plan provides
for protective measures for contaminated material removal including measure such as use
of sift curtains and a watertight clamshell bucket for minimizing the dispersion of
contaminants. Said Plan shall be subject to review and approval by the RWQCB.
e. Prior to the issuance of a demolition permit, the applicant shall submit to the Chief Building
Official a hazardous material disposal plan which identifies the procedures and method of
removing and disposing of lead and asbestos in relation to the existing buildings on the site.
58130. Mitigation Measures — Hydrology and Water Quality:
a. Prior to the issuance of any grading permit, the applicant shall prepare a Storm Water
Pollution prevention Plan ( SWPPP) and provide evidence that a NPDES Notice of Intent
(NOI) has been filed with the State Regional Water Quality Control Board. Such evidence
shall consist of a copy of the NOI stamped by the Regional Water Quality Control Board.
The SWPPP shall be developed to reduce the risk of the transport of sediment and
pollutant from the site. The SWPPP shall implement measures to minimize risks from
material delivery and storage, spill prevention and control, vehicle and equipment fueling
and maintenance, material use, structure construction and painting, paving operations,
solid waste management, and hazardous waste management.
Resolution No. _
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b. During construction and following completion of development, the recommendations
presented in the Water Quality Management Plan (WQMP) prepared by SP Consulting
Group dated February 20, 2006 shall be implemented and complied with to ensure that all
potential project impacts to water quality will be reduced to a less than significant level and
all applicable local and state water quality requirements complied with by the project
applicant.
c. During construction activities the following shall be implemented
i. During construction and maintenance activities, equipment shall be in proper working
condition and inspected for leaks and drips on a daily basis. The project contractor or
representative thereof shall develop and implement a spill prevention and remediation
plan and workers shall be instructed as to its requirements. Construction supervisors
and workers and maintenance personnel shall be instructed to (1) be alert for
indications of equipment - related contamination such as stains and odors, and (2)
respond immediately with appropriate actions as detailed in the spill prevention and
remediation plan if indications of equipment - related contamination are noted.
ii. During construction and maintenance activities, fuels, solvents, and lubricants shall be
stored in a bermed area so that potential spills and/or leaks shall be contained. Soil
contamination resulting from spills and/or leaks shall be remediated as required by
Federal and/or state law. Storage areas shall be constructed so that containers shall
not be subjected to damage by construction and maintenance equipment.
iii. Stockpiles of bulk granular building materials shall be covered and secured.
iv. Any areas of exposed soil, such as dirt stockpiles, dirt berms, and temporary dirt roads,
shall be stabilized with controlled amounts of sprinkled water.
v. At the close of each working day, any materials tracked onto the street or laying
uncontained in the construction areas shall be swept up, and any trash accumulated in
construction areas shall be disposed.
vi. Concrete, asphalt, and masonry wastes shall be contained and these wastes shall be
disposed away from project construction sites.
vii. Spill kits containing absorbent materials will be kept as the construction site.
viii. Fuels and other hazardous materials will be stored away from project drainage.
d. Prior to the issuance of a building permit, the applicant shall submit a landscape plan,
which includes a maintenance program to control the use of fertilizers and pesticides, and
an irrigation system designed to minimize surface runoff and over watering. This plan shall
be reviewed by the City of Newport Beach Planning Department. The landscaping shall be
installed and maintained in conformance with the approved plan and maintenance
program.
5914. Mitigation Measure — Noise:
Prior to the issuance of any building permits, detailed engineering construction plans will be
submitted to the City for review and approval. The engineering plans shall provide details such
Resolution No. _
Page 18 of 20
as roof and wall elements, room dimensions, window and door dimensions, attic configuration,
ventilation systems and building insulation. Said plans shall demonstrate and ensure that the
City's noise standards are met for proposed mixed -use project (residential and commercial).
6012. Mitigation Measures — Public Services:
a. Prior to the issuance of a grading permit, project construction plans shall be submitted to
the City Fire Chief for review to verify that all fire protection is designed in compliance with
the requirements of the City of Newport Beach Fire and Marine Department.
b. Prior to the issuance of any building permits, the project applicant shall pay any applicable
development school impact fees as required by State law.
c. Prior to the issuance of any building permits, the project applicant shall pay any applicable
park impact fees as required by City of Newport Beach and State law.
63:661. Mitigation Measures — Public Utilities and Service Systems:
a. Prior to the commencement of construction activities, the project applicant shall coordinate
with utility and service organizations regarding any construction activities to ensure existing
facilities are protected and any necessary expansion or relocation of facilities are planned
and scheduled in consultation with the appropriate public agencies.
b. Prior to the commencement of construction activities, the project applicant shall coordinate
with utility and service organizations regarding any construction activities to ensure existing
facilities are protected and any necessary expansion or relocation of facilities are planned
and scheduled in consultation with the appropriate public agencies.
6264. Prior to issuance of any Certificate of Occupancy, applicant shall provide a disclosure
statement at the time of purchase contract, in form and content acceptable to the City Attorney
in consultation with adiacent property owners and the Planning Director, which shall be
provided to each prospective purchaser of one of the 27 residential units on the site advising of
the potential noxious characteristics of the nearby boatyards and restaurant uses which could
adversely affect the prospective owner's enjoyment of the property.
shall be irioluded and FeGeFded with The disclosure statement shall be included
and recorded with the Conditions, Covenants and Restrictions (CC &R's) at the County
Recorder's Office and each purchaser 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 1ease- a9reereeF49deed with the County Recorder. The form
6366. Left turns into the project site at the north driveway along Newport Boulevard shall be
prohibited, and the applicant shall be required to construct a 4 -foot wide raised median along
Newport Boulevard to prevent left -turn access into and out of the site or other improvement
acceptable to the City Traffic Engineer. If left -turn access along Newport Boulevard is
requested at a future date, a study shall be conducted to review vehicle queuing and safety
issues for providing left -turn access to the site and improvement plans shall be prepared for
review and approval by the Public Works Department. To accommodate left-turn access, an
extension of the two -way left -turn median which terminates just north of the project site would
be required which would include widening of Newport Boulevard.
Resolution No.
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6466. Prior to issuance of a building permit, the applicant shall prepare and submit for approval by
the Planning Director and City Traffic Engineer, a Parking Management Plan. The Plan shall
include a description any proposed gating to the parking areas, including a description of how
the access to the gated areas will function, use of attendants for parking, valet parking, pay
parking, and any proposed night time or week end use of the parking structure for other off -site
users such as area restaurants. The plan shall provide noticing to surrounding property owners
that the plan has been prepared and is available for review. The plan shall also include those
additional component issues as recommended by City Traffic Engineer in his memo dated
November 9, 2006.
6567. The Marina shall be limited to a total of 18 slips for use by individually privately owned
vessels. Use of the slipway area identified as slip 19 for the permanent berthing of vessels is
not Dermitted: temporary berthina of vessels shall not be permitted overnight. may be allowed
shall be permitted in the slipway /19`° slip area. Any proposed future use of the boat docks by
commercially operated sport fishing, charter or other similar use requiring more than 0.8
parking space per marina slip, shall be subject to administrative and/or discretionary review as
determined necessary by the Planning Director. Any future change in the use of the marina
may also require a parking analysis and/or preparation of a parking allocation plan and/or
shared parking plan as determined necessary by the Planning Director.
6668. The proposed loading 'zone located adjacent to the northerly property boundary shall be
redesigned in a manner to facilitate the parking of delivery vehicles without requiring large
vehicles to make multiple turning movements to the approval of the City Traffic Engineer.
Delivery vehicles shall be prohibited from backing out onto Newport Boulevard.
6769. The project shall provide prominent signage and pavement marking to designate vehicular
circulation, subterranean parking areas and loading areas, and other appropriate on -site traffic-
related signage as required by the City Traffic Engineer.
6878. Design of the subterranean parking areas shall incorporate features such as white painted
ceilings and lighting to ensure uniform light levels throughout.
6974. The stairway and landing area located on the westerly side of Building C shall be setback
so as to be out of The Arcade right -of -way.
707-2. Adequate sight distance shall be provided at all driveway access points, ramp locations and
internal intersections to the approval of City Traffic Engineer.
7173. Prior to issuance of final building permits, on -site circulation for final building plans shall be
subject to further review and approval of the City Traffic Engineer.
Resolution No. _
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71 The view corridor easement shall be widened no less than four feet on the south side by
decreasing the areas between Buildings D & E and F & G. and the easement shall be
recorded.
75. Additional glasslplexiglass sound attenuating wall shall be provided along the residential unit
Deck Level shall re- designed to provide a minimum 6 -foot wide pedestrian area.
78. The Deck Level and Subterranean Parking Level shall be re- designed to provide open.areas
for natural light into the lower parking level
79. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless