HomeMy WebLinkAboutBayside Residential (PA2004-072) 919 Bayside DrCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
November 3, 2005
TO: Honorable Chairman and
Members of the Planning Commission
FROM: David Lepo, Contract Planner
949 - 553 -1427, dlepo @hogleireland.com
SUBJECT: Bayside Drive Subdivision (PA2004 -072)
LOCATION: 919 Bayside Drive
APPLICANT: UGS Development Inc.
Adopt the attached draft resolution recommending City Council adoption of Mitigated
Negative Declaration SCH No. 2005061019 and Mitigation Monitoring and Reporting
Program and approve Code Amendment No. 2005 -007 (Planned Community Text No.
54), Coastal Residential Development Permit No. 2005 -001 and Tentative Tract Map
No. 2004 -001 (Tract 15323) for development of a 17 -lot, single - family residential
subdivision at 919 Bayside Drive.
DISCUSSION
Background
On August 18, 2005, the Planning Commission held a public hearing on an application
to permit development of a 17 -lot, single - family subdivision proposed on a 3.92 -acre
parcel on the south side of Bayside Drive, adjacent to Promontory Bay and Newport
Bay (See Attached August 18, 2005, staff report). After receiving testimony at the
public hearing, the Planning Commission discussed potential revisions to the proposed
development and corresponding entitlements that could be required and set forth as
Conditions of Approval. The Planning Commission directed Staff to prepare a summary
of the issues to be resolved and proposed Conditions of Approval addressing these
issues. The Planning Commission continued the matter to September 8, 2005 and the
applicant subsequently requested a continuance to October 6, 2005.
Bayside Planned Community
Page 2 of 20
In preparation for subsequent Planning Commission review of the proposed project,
staff requested clarification from the City Attorney on issues related to creation of
subdivision lots over the water surface in Newport Bay. The City Attorney indicated that
the surface waters of the Bay could not be subdivided or included within the Tentative
Tract Map for the Bayside project. With deletion of the water surface lots, the project
site area was reduced and the project no longer complied with the maximum
permissible 40% lot coverage restriction of the Planned Residential Development (PRD)
Overlay District that had been proposed to accommodate single - family development on
this site.
As an alternative to adopting the PRD Overlay to accommodate the proposed
development, staff proposed a Code Amendment to change the zoning map designation
of the property from "Multi- Family Residential" to "Planned Community ". The Code
Amendment is to be accompanied by 'Bayside Residential Planned Community District
Development Regulations.® Approvals of the Mitigated Negative Declaration, Coastal
Residential Development Permit, and Tentative Tract Map would be required as in the
initial development application but a Use Permit is no longer required.
The Bayside Residential Planned Community District Development Regulations were
prepared to accommodate the project as previously proposed, while incorporating
revisions in response to issues raised by the Planning Commission on August 18, 2005.
Required changes to the project are reflected in the text. A narrative of issues raised by
the Planning Commission follows, together with proposed PC text provisions and
Conditions of Approval responding to those issues.
Issues
Development Standards
At the August 18, 2005, meeting, Planning Commission members considered the option
of changing the zoning of the project site from "Multi- Family Residential" to "Single -
Family Residential" consistent with the proposed uses. A Single - Family designation
was suggested as a means to preclude construction of multiple- family dwellings and to
foreclose the potential for increasing allowable building heights from 28' to 32' to
accommodate 3 -story dwellings. Rather than change the zoning to Single - Family, the
list of permitted uses and a cap on the number of units are set forth in the PC Text as
follows:
Bayside Planned Community
Page 3 of 20
SECTION II DEVELOPMENT & USE REGULATIONS
1. Permitted Uses
A. Single- family, detached dwellings
B. Accessory structures (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
2. Intensity of Development
Maximum permissible number of units: 17 single - family, detached
dwellings
SECTION III CONDITIONS OF APPROVAL
21. No dwelling other than one, single - family, detached dwelling may be
constructed on any buildable lot created by Tract Map 15232. No dwelling
may exceed a height of twenty -eight (28) feet as measured consistent with
Municipal Code Section 20.65.030, "Measurement of Height ". These
restrictions are included in the Conditions, Covenants, and Restrictions
(CC &R's) which have been prepared and recorded with the County Clerk at
the time a Final Map is recorded. .
This PC Text language should adequately address the issue of potentially converting a
home to multiple units raised earlier. Only one single family home on each leased lot
will be permitted.
Minimum Yard Requirements
The tract map included with this application indicated yards of 5 -feet and 10 -feet on lots
adjacent to Bayside Drive. Staff proposed that a minimum 4 -foot setback be included
between the Bayside Drive right -of -way and the proposed replacement privacy wall and
an additional 10 -foot yard between the replacement wall and dwellings on lots adjacent
to Bayside Drive. The Planning Commission and the applicant agreed that the
additional setbacks were appropriate. The required wall setback is reflected in the PC
Text as follows:
SECTION II DEVELOPMENT & USE REGULATIONS
7. Minimum Yards
Table 1 Bayside Planned Community District Regulations
Bayside Planned Community
Page 4 of 20
As indicated in Footnote 5, "Lots 1, 15, 16, & 17, minimum 10' yard required
parallel to Bayside Drive and measured from the respective landscape Lot 'C' or
Lot 'D'."
SECTION III CONDITIONS OF APPROVAL
33. The Final Map shall include reconfigured Lots C and D that accommodate
the perimeter wall to be reconstructed along the Bayside Drive and a
minimum 4- foot -wide landscaped setback between the Bayside Drive
right -of -way and the perimeter wall.
The tract map for this project includes a fire access easement from the bayside frontage
within a 6 -foot side yard on Lot 5. Dual use as both sideyard and fire access was
determined to be infeasible since no obstructions, including plant materials, are allowed
in fire accessways. The Planning Commission directed that the fire access be provided
in addition to a 5 -foot side yard on Lot 5. This is reflected in the PC Text as follows:
SECTION II DEVELOPMENT & USE REGULATIONS
7. Minimum Yards
Table 1 Bayside Planned Community District Regulations
As indicated in Footnote 9, "Minimum 5' side yard required adjacent to `Fire
Access Easement' shown on Tract Map."
Bayside Planned Community
Page 5 of 20
Table 1 Bayside Planned Community District Regulations
Minimum Maximum Maximum
Buildable Minimum Yards3
Lot Lot Area Floor
(Sq. Ft.) (qr a �, Area' Front Side Rear
1
6,550
4,048
7,084
35'"
5i5'8
10'5
2
5,818
3,172
5,551
20'
5'
10'
3
10,754
6,230
10,902
18i7
5'
10i8
4
7,800
4,649
8,135
25'7
5'
5'e
5
8,547
5,124
8,967
257
5i9
5i8
6
6,500
3,740
6,545
25i7
5'
5re
7
8,125
4,899
8,573
25i7
5'
5i8
8
6,500
3,649
6,386
25i7
5'
5'8
9
8,148
4,666
8,166
20'7
5'
5rs"o
10
7,155
4,113
7,198
20''
5'
5'8'9
11
6,000
3,540
6,195
20i7
5'
5'e
12
6,000
3,540
6,195
20r7
5'
5is
13
6,000
3,327
5,822
20'7
5' /10'
58
14
6,720
3,564
6,237
20'7
5710'
5'8
15
8,400
3,856
6,748
15/'20'7'"
66
10'5,5
16
6,640
3,851
6.739
20'
5'5
10i5
17
5,800
3,364
5,887
20'
65
10'5
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
° Minimum 20' front yard if merged with Lot 2
5 Lots 1, 15, 16, & 17, minimum 10' yard required parallel to Bayside Drive and measured from the respective
landscape Lot "Co or Lot "1Y'.
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
Bayside Planned Community
Page 6 of 20
The tract map with this application shows minimum yard widths of 5 -feet adjacent to the
private driveway for waterfront Lots 3 through 15. Staff proposed 5 -foot yards between
the driveway and each one -story building wall and 10 -foot yards between the driveway
and each two -story wall. This is reflected in the PC Text as follows:
SECTION II DEVELOPMENT & USE REGULATIONS
7. Minimum Yards
Table 1 Bayside Planned Community District Regulations
As indicated in Footnote 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."
Sidewalks
Because the proposed subdivision will be a gated community with a private driveway
providing vehicular access to the dwellings, the tract map does not include sidewalks
within the tract. After discussion, the Planning Commission decided that the sidewalks
are not necessary. This is reflected in SECTION II of the PC Text:
SECTION II DEVELOPMENT & USE REGULATIONS
10. Vehicular access to all buildable lots within the Bayside community shall
be provided by a private driveway. The project shall comply with City
Council Policy L-4 except that sidewalks are not required adjacent to the
private driveway on Lot "E" within the gated community. Minimum widths
for the private driveway shall be 36 feet curb to curb when parking is
allowed on both sides of the private driveway and 32 feet curb to curb
when parking is allowed on one side or no parking is allowed. Curb -side
parking spaces on the private driveway on Lot "E" shall be 8' x 22'
minimum. The private driveway shall meet City standards. The Bayside
P -C development may be a private (gate guarded) community with
secured access surrounding the development.
Public Access & Dockway and Gangplank Improvements
Access to the waterfront is currently provided by a ten foot -wide walkway that extends
from Bayside Drive along Promontory Channel to a gang plank that leads to a floating
six foot -wide dockway at the boat slips. This portion of public access is a dedicated
easement and Lot B is coterminous with the easement. The dockway, which currently
provides public access, extends eastward and continues over water and terminates
near the Balboa Island Bridge with no connection to other public areas. The floating
dockway and gangplank are required for public access pursuant to an agreement
between the Irvine Company and the City of Newport Beach.
Bayside Planned Community
Page 7 of 20
The Planning Commission considered whether or not an offer to dedicate an easement
across the property above the bulkhead, rather than across the dockway, would be
appropriate. Given that there seemed to be little likelihood of securing public access
across private property to the east of the project site to allow for continuation of a dry
land walkway, the consensus was that public access could continue across the floating
dockway and gangplanks. Implementation of this access is accomplished through the
Harbor Permit process that can include a new access agreement with the permit holder
and the City to ensure that public access across the dockway is permanently provided
and maintained. Requiring a new Harbor Permit and access agreement is important in
that the status of the existing Harbor Permit is unclear and the original access
agreement was between the Irvine Company and the City, and the Irvine Company
assigned the agreement with the Harbor Permit to others without City authorization,
which is a violation of the Municipal Code. The applicant is willing to take any steps the
City desires to guarantee access across the dockway and gangplanks, and a new
Harbor Permit and access agreement is what has been advised by the City Attorney.
The Planning Commission discussed enhancements that the applicant could make to
the walkway, gangplank, and dockway that would make them more attractive and
accessible to the public. These included new lighting and safety railings. The potential
for widening the existing dockway was mentioned, but no final direction given. To
facilitate public access, the PC Text includes the following:
SECTION III CONDITIONS OF APPROVAL
10. The design of pedestrian facilities 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 as shown on Exhibit - -. The minimum
width for all public access along the water front shall be six (6) feet clear
and shall be upgraded to meet all ADA standards. The public gangplank
shall also be designed to meet ADA standards.
25. The gangplank and dockway 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.
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 Developer shall
execute an agreement to provide and maintain public access as identified
within this Planned Community District Regulations.
Bayside Planned Community
Page 8 of 20
96. Prior to issuance of any Certificate of Occupancy, applicant shall complete
improvements to the gangplank and dockway required herein.
97. The walkway extending from Bayside Drive adjacent to Promontory Bay,
the gangplank connecting this walkway to the dockway, and the dockway
itself are dedicated for access and use by the general public and shall be
maintained as to be readily accessible to the public.
The applicant has indicated that widening of the dockway will be difficult and may require
approval of the Coastal Commission and California Department of Fish and Game
because of potential impacts, including a decrease in the amount of sunlight reaching the
bay bottom. The applicant has prepared conceptual plans for improvements to the
gangplank and dockway. These are included as an attachment to this report. The
Planning Commission should provide direction on the extent of improvements to be
required for the dockway and gangplank.
Boat Slip Rental
Because the project does not include public parking required for a public marina, the
Planning Commission suggested restrictions on use and rental of the boat slips. These
are included in SECTION II of the PC Text:
SECTION 111 CONDITIONS OF APPROVAL
22. Boat slips fronting the project site shall not be rented to anyone who is not a
resident of a dwelling on one of the 17 lots in this subdivision, not a resident
of the Cove Condominium, or not entitled to rent a slip at this location
through terms of the existing agreement or a new agreement with the
Newport Beach Yacht Club. This restriction 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.
Landscaping
In the absence of a landscaping plan for the proposed project, the Planning
Commission weighed the need for a condition requiring subsequent review and
approval of a landscaping plan by the Planning Commission. The need for landscaping
on City -owned property adjacent to the northwesterly corner of the project site was also
considered. After deliberation, the consensus was that a landscaping plan should be
submitted for review and approval of the Planning Director as a condition of project
approval. The landscaping plan is to include the City -owned property with planting to be
accomplished by the developer and maintenance to be assumed by the homeowners'
association:
Bayside Planned Community
Page 9 of 20
SECTION III CONDITIONS OF APPROVAL
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 that portion of
City -owned property adjacent to the northwesterly corner of Lot "B ".
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.
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
and execute an agreement, in a form acceptable to the City Attorney,
which provides for maintenance of landscaping on City -owned property
adjacent to the northwesterly corner of Lot "B" 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 landscaping.
Proximity to Boatyard
Concern was expressed that residents of the proposed development would be annoyed
by noise from the commercial boatyard across the bay to the west of the project site. In
order to put future residents on notice, SECTION II of the PC Text and the draft
Planning Commission Resolution Conditions of Approval includes the following:
Bayside Planned Community
Page 10 of 20
SECTION III CONDITIONS OF APPROVAL
98. 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.
Dedication of Lot F and Lot G
A suggestion was made that the project applicant be required to dedicate Lot F and Lot
G as shown on the prior map to the City. Both lots encompass surface waters adjacent
to the bulkhead. As indicated previously, the City Attorney has determined that surface
waters of the bay or privileges granted through harbor permit activities transferred by
deed cannot be subdivided or included as part of the Tentative Tract Map for this
project. The revised tentative map does not include any submerged lands or surface
privileges to use the abutting waters or docks.
Supplemental Development Standards
The applicant has added design features and amenities which are addressed in
SECTION II of the PC Text. The applicant proposes to include the option of 6 -foot high,
openwork walls on waterfront lots that extending from the building setback line to the
waterside property line. The Zoning Code allows only 3 -foot high walls in this
circumstance. The proposed PC Text includes the following regulation for this
circumstance:
SECTION II DEVELOPMENT & USE REGULATIONS
14. Fences. Hedsaes and Walls
Fences, hedges and walls shall be limited to three (3) feet in height in all
front yards and in the rear yards of waterfront lots (Lots 3 -15). 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: Open -work walls and fences i.e. that ninety- percent of the wall
plane is open (wrought iron in combination with pilaster) up to six (6) feet
in height are permitted at the side property line of each waterfront lot (Lots
Bayside Planned Community
Page 11 of 20
3 -15) and extending into the front yard from the setback line to the
waterfront property line.
Walls that extend in the same plane as the front (common driveway -side)
wall of a dwelling into a required side yard for purposes of enhancing the
entrance to an entry courtyard may be up to twelve (12) feet in height.
The applicant proposes to allow arbors and trellises as architectural features be allowed
to project up to one (1) foot into yards adjoining the common driveway. Proposed
language accommodating these components is as follows:
SECTION Il DEVELOPMENT & USE REGULATIONS
15. Arbors and Trellises
Arbors and trellises may project into yards abutting the common driveway
provided no such structure is closer than four (4) feet to the common
driveway curb. The footprint area of such structures shall not exceed forty
(40) square feet with a maximum height of ten (10) feet. Arbors and
trellises must be at least 50% open.
The potential for outdoor fireplaces and barbeques to project into side yards, into rear
yards of non - waterfront lots, and into front yards of waterfront lots is addressed as
follows:
SECTION II DEVELOPMENT & USE REGULATIONS
16. Fireplaces and Barbegues
Freestanding fireplaces and barbeques may project into all residential side
yards, into rear yards of non - waterfront lots (Lots 1, 2, 16, 17) and front
yards of waterfront lots (Lots 3 -15) provided a minimum distance of four
(4) feet is maintained between the fireplace or barbeques and the
respective side, rear, or front property line. No fireplace or barbeque
including chimney may exceed ten (10) feet in height.
In each circumstance described, the Planr
requested development regulations which dill
provisions are appropriate given the locatior
the surrounding community especially as to
property lines. The PC Text recommended
the Planning Commission on these issues.
ing Commission should determine if the
fer from otherwise applicable Zoning Code
, site plans, adjacent uses, and impact on
property line walls extending to waterside
to City Council will reflect the direction of
Bayside Planned Community
Page 12 of 20
Planning Commission Actions
Mitigated Negative Declaration
The Planning Commission will recommend to the City Council as to whether or not the
Mitigated Negative Declaration (MND) prepared for this project should be adopted. The
MND was distributed to the Planning Commission and reviewed at the August 18, 2005,
Planning Commission meeting. The change in entitlement for this project, from a code
amendment applying a Planned Residential Overlay to a code amendment changing
from Multi - Family Residential to Planned Community, does not change the scope or
manner of development of the site. Accordingly, the analysis of potential environmental
impacts, the conclusions, and the mitigation measures are not changed. Conclusions
based on the IS analysis indicated "no impact' or 'less than significant impact" in the
following topical areas:
• Aesthetics
• Agricultural Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Population and Housing
• Public Services
• Recreation
• Transportation /Circulation
• Utilities and Service Systems
• Mandatory Findings of
Significance
The Initial Study indicated the need for mitigation measures to reduce potentially
significant impacts to a less than significant level in the following topical areas:
• Geology and Soils
• Hazards and Hazardous Materials
• Noise
With mitigation measures and standard conditions of approval indicated in the Initial
Study and set forth in the mitigation monitoring and reporting program included with the
Mitigated Negative Declaration, all potential impacts would be mitigated to a less than
significant level. Potentially significant impacts and corresponding mitigation measures
and standard conditions for proposed residential subdivisions are paraphrased in Table
1.
Bayside Planned Community
Page 13 of 20
Table ! Potential Impacts and Mitigation Measures
IMPACT MITIGATION MEASURE
Geology and Soils
Potential strong seismic ground
shaking
Location on unstable soils or soils that
could become unstable resulting in
landslide, lateral spreading,
subsidence, liquefaction or collapse
Hazards and Hazardous Materials
Significant hazard through transport or
disposal of hazardous materials
Significant hazard involving the release
of hazardous materials
Standard Condition G -1
Standard Condition G -2
Building Department verification that all facilities
are designed and constructed to comply with
current seismic standards
Standard Condition H -1
Building Official approval required for asbestos
abatement and removal plan in compliance with
SCAQMD Rule 1403 prior to issuance of permits
Standard Condition H -2
Building Official approva
abatement and removal
issuance of permits
Standard Condition H -3
1 of lead -based paint
plan required prior to
Building Official approval of Erosion and
Sediment Control Plan to identify how all
construction materials, wastes, debris will be
handled and transported required prior to
issuance of permits
Standard Condition H4
Project proponent 1
dispose of waste
accordance with CCR
Official approval
D store, transport, and
generated on -site in
Title 22 subject to Building
Table 1 Potential Impacts and Mitigation Measures
IMPACT
Exposure of persons to noise from
demolition, grading, and construction
activities and from construction truck
traffic
Bayside Planned Community
Page 14 of 20
Standard Condition N. -1
Limitation of construction activities to the hours
between 7 AM and 6:30 PM Monday through
Friday and between 8 AM and 6 PM on
Saturdays. No construction on Sundays or legal
holidays
Code Amendment — Zone Change and Planned Community
Code Amendment No. 2005 -007, included as part of the project application, would
change the zoning map district for the subject property from "Multi- Family Residential
District' (MFR) to 'Planned Community" (PC) and would include adoption of the
" Bayside Residential Planned Community District Development Regulations." As
indicated in Chapter 20.35 of the Zoning Code, the Planned Community (PC) District is
established:
To provide for the classification and development of parcels of land as
coordinated, comprehensive projects so as to take advantage of the
superior environment which can result from large -scale community
planning;
• To allow diversification of land uses as they relate to each other in a
physical and environmental arrangement, while insuring substantial
compliance with the spirit, intent, and provisions of this code;
• To include various types of land uses, consistent with the General Plan,
through the adoption of a development plan and text materials which set
forth land use relationships and development standards.
In order to meet the objectives set forth in Section 20.35.010 of the Municipal Code, an
application for a planned community district must contain a minimum of 25 acres of
unimproved land area or 10 acres of improved land area. The property is 3.92 acres in
size, and a waiver of the minimum acreage requirement is necessary to implement the
project. No specific criteria are specified in the Zoning Code for a waiver, even though
the Planning Commission is permitted the ability to waive the minimum acreage for a
PC. It can be inferred that should the overall intent of the Planned Community concept
as articulated above be achieved with a smaller PC, a waiver can be approved.
The project, when viewed alone, does not provide for the coordination of parcels to take
advantage of the superior environment that can result from large -scale community
Bayside Planned Community
Page 15 of 20
planning. It does not allow for the diversification of land uses, nor does it include
various types of land uses within the development plan. However, if the project is
considered in the larger context of the surrounding neighborhood, the basic intent of PC
zoning may be achieved. The PC will facilitate integration of the project into the existing
neighborhood by establishing the relationships between the project and its surroundings
(i.e. proximity to the boatyard, public access and marina usage) and will provide
development standards that will promote e-a superior environment.
Consistent with these provisions, adoption of the Bayside Residential Planned
Community District zoning designation and corresponding Bayside Residential Planned
Community District Development Regulations is proposed as the means to integrating a
gated community of single - family, detached homes within the context of gated, attached
apartment and condominium communities within the immediate area. Adoption of the
PC designation and text provided the City the means to maintaining and enhancing
public access to the Bay through conditions of project approval. Development
standards incorporated in the PC Text accommodate residential development
consistent with the General Plan Multi - Family designation, yet reduced in scale from
what might otherwise be allowed, as a suitable transition from Bayside Drive to the bay
front.
The Planning Commission will provide direction to staff as to each Bayside Residential
Planned Community District Development Regulations provision included above under
"Issues" and under "Supplemental Development Standards."
Traffic Phasing Ordinance
Based on rates in the City of Newport Beach Circulation Element, occupancy of the
proposed seventeen single - family dwellings would generate approximately 187 vehicle
trips per day. This traffic is off -set by the traffic generated by the existing 64 apartments
which is approximately 416 trips per day. Section 15.40.030.0.1 of the Municipal Code
exempts any project that generates fewer than 300 daily trips from the provisions of the
Traffic Phasing Ordinance. Consequently, a traffic analysis was not required or
prepared for this project.
Tentative Tract Map
The 3.92 -acre project site is subject to a ground lease and the Tentative Tract Map will
create transferable leasehold interests, rather than fee simple ownership, in the 17
buildable lots. The Tentative Trace Map allocates land area among the proposed uses
as shown in Table 3.
Bayside Planned Community
Page 16 of 20
Table 3 Uses and Sizes of Tract Map Lots
LOT USE LAND AREA
Lots 1 -17 Residences 2.62 acres
Lot A Recreation /Pool Facility 0.19
Lot B Public Pedestrian Access 0.14
Lots C-D Landscaped Area 0.09
Lot E Private Road 0.68
3.92acres
The Planning Commission may recommend City Council approval of the Tentative Tract
Map for this project by adopting a Resolution setting for the following findings and facts
supporting these findings:
1. Finding
The proposed subdivision is consistent with and serves to implement the
policies and provisions of the General Plan.
Facts
The General Plan Land Use Element directs that all subdivisions be consistent
with the Subdivision Code. Subject to Conditions of Approval, the Tentative
Tract Map is consistent with the Subdivision Code.
2. Finding
The design or improvement of the proposed subdivision is consistent with the
General Plan.
Facts
Consistency with the City of Newport Beach Land Use Element. The proposed
project site lies within the Promontory Bay Area, as defined in the City's Land
Use Element. The Promontory Bay Area includes Harbor Island, Linda Isle,
and all the area bounded by Newport Bay, Marine Avenue /Jamboree Road,
and East Coast Highway. Existing land uses within the Promontory Bay Area
are diverse and include Single - Family Detached Residential, Multi- Family
Residential, Neighborhood Commercial, Recreational and Marina, and
Recreational and Environmental Open Space land uses. The proposed project
would be consistent with existing and allowed land uses within the Promontory
Bay Area.
The Land Use Element designates the proposed project site as Multi - Family
Residential to reflect the existing apartment complex. As previously stated, the
proposed project would establish 17 residential lots. Single- family residences
are a permitted use within sites designated for multi- family residences (page 23
Bayside Planned Community
Page 17 of 20
of the Land Use Element). Therefore, the proposed project would be consistent
with the Multi - Family Residential land use designation. It would also be
consistent with applicable policies of the Land Use Element.
Consistency with the City of Newport Beach Harbor and Bay Element. Policy
HB -1.1.2 of the Harbor and Bay Element requires that potential impacts on
water - dependent and water - related land uses and activities be considered
when reviewing proposal for land use changes. Land use changes associated
with the proposed project would be limited to the project site. No adjacent
properties would be impacted by the proposed project. Since no water - related
or water- dependent uses occupy the site, no impact to these uses would occur.
Consistency with the City of Newport Beach Housing Element. The project will
eliminate 64 apartments and replace them with 17 single - family residences for
an overall reduction of 47 units. The City has approximately 14,600 rental units
out of approximately 37,500 total housing units (2000 Census), and the
reduction and change in housing type is not considered significant. Goal 2 of
the Housing Element states that the City will "provide a balanced residential
community, comprised of a variety of housing types, designs, and opportunities
for all social and economic segments, including very low -, low -, moderate- and
upper- income individuals and households." The proposed project is consistent
with this goal and is not inconsistent with any other goals or policies in the
Housing Element.
Housing Element Policy 2.2.1 requires inclusion of affordable housing units in
new residential developments or payment of an affordable housing in -lieu fee.
The proposed. project will replace 64 multiple - family units, none of which is
occupied by low or moderate income households as those income classes are
defined by State law, with 17 detached, single - family dwellings. This finding is
based upon a survey conducted by the owners of the property of current
residents, a copy of which has been provided to the City.
Policy 2.2.1 previously has been determined not to apply to projects that do not
result in a net increase in the number of units. Housing Element Policy 2.2.3
requires inclusion of affordable housing in residential developments in the
Coastal Zone comprised of 10 or more units. Again, consistent with previous
implementation of this policy, a development such as this that does not result in
an increase in the number of units is not subject to Policy 2.2.3.
Consistency with the City of Newport Beach Local Coastal Program Land Use
Plan. According to the City's Local Coastal Program Land Use Plan (LCPLUP),
the proposed project is located in the Coastal Zone. Therefore, a coastal
development permit (CDP) is required from the California Coastal Commission
as the City does not have a certified Local Coastal Program.
Bayside Planned Community
Page 18 of 20
The 1990 LCPLUP designates the site for Multi - Family Residential Use and is
allowed a maximum of one unit for each 2,178 square feet of buildable lot area.
As previously discussed, the proposed project is consistent with this
designation. The recently adopted comprehensive update to the LCPLUP
designates the site RM -B — Medium Density Residential with a density range of
between 10 and 15 dwelling units per gross acre. This density range was
applied, based upon the existing apartment complex. The proposed density is
4.3 dwelling units per acre and it is important to note that the minimum density
identified is not considered a regulation. Staff believes the project to comply
with the 2005 LCPLUP.
Section 30210 -30212 of the California Coastal Act (CCA) requires that public
access and recreational opportunities be provided for all the people of the state,
that development not interfere with the public's right of access, and that new
development provide public access to the shoreline. As previously discussed,
the proposed project would provide public access to Promontory Bay and
Newport Harbor via public walkways, and would improve elements within those
walkways to meet current ADA requirements.
The proposed project is not a recreation or visitor - serving facility. It would not
require diking, dredging, filling or shoreline structures, and it does not propose
construction or expansion of public works facilities. The LCPLUP does not
identify the proposed project site as an environmentally sensitive habitat area
or hazard area.
Water and marine resources adjacent to the proposed project site would be
protected through implementation of the Standard Conditions listed in the
Hydrology and Water Quality section, above. The proposed project would
preserve and provide for continued operation of the existing dock areas along
the southerly project boundary within Newport Harbor.
Sections 30244, 30250(a), 30252, and 30253(3) and (4) of the CCA provide
criteria for the location of new development. These criteria specify that new
development should generally be concentrated in areas of existing
development, preserve public access, provide adequate support facilities
including provisions for recreational facilities, and preserve archaeological and
paleontological resources. The proposed project, as conditioned by the
standard conditions and mitigation measures contained within this document,
would fully comply with these criteria.
The LCPLUP does not list the proposed project site as a primary view area.
Consequently, it is not subject to Sections 30251 and 30253(5) of the CCA.
Since the proposed project is not a new visitor - serving facility or coastal -
dependant use and it does not require an oceanfront encroachment, the
LCPLUP's policies specific to new development are not applicable to the
proposed project.
Bayside Planned Community
Page 19 of 20
3. Finding
The site is suitable for the type of development.
Facts
The site is generally level and currently developed with multiple - family dwelling
units at densities greater than that proposed. No problems or adverse site
conditions have been identified on the site as currently developed.
Consequently, the site is determined to be physically suited for the
development proposed.
4. Finding
The site is physically suitable for the density of development.
Facts
The site is generally level and currently developed with multiple - family dwelling
units at densities greater than that proposed. No problems or adverse site
conditions have been identified on the site as currently, developed.
Consequently, the site is determined to be physically suited for the density of
development proposed.
5.. Finding
The design of the subdivision and type of improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
Facts
An Initial Study prepared in conjunction with this project and included in the
administrative record was the basis for adoption of a Mitigated Negative
Declaration for this project, which indicated that all environmental impacts,
including those to fish, wildlife or their habitat, are less than significant or, with
mitigation, are reduced to a less than significant level.
6. Finding
The proposed subdivision is not likely to cause serious public health problems.
Facts
An Initial Study prepared in conjunction with this project and included in the
administrative record was the basis for adoption of a Mitigated Negative
Declaration for this project, which indicated that all environmental impacts,
including those that could affect human health, are less than significant or, with
mitigation, are reduced to a less than significant level.
7. Finding
The proposed subdivision will not likely conflict with easements, acquired by the
public at large, for access through or use of property within the proposed
subdivision.
Bayside Planned Community
Page 20 of 20
Facts
The proposed subdivision is proposed to be gate - guarded and generally, not
accessible to the public. An existing easement providing access to the bay
front along the westerly edge of the property is preserved with this tract map
and upgrades to physical improvements on this easement are included as part
of this project. In addition, the tentative tract map dedicates an easement to the
public for passage over a walkway along the bayfront.
Coastal Residential Development Permit
A Coastal Residential Development Permit (CRDP) was processed for this project to
implement Government Code Section 65590 (Mello Act) relative to displacement of low
and moderate income households within the Coastal Zone. As this project proposes to
remove 64 apartment units, the City required the management of the apartment
complex to identify low and moderate income households in possession of any of the
apartments proposed to be demolished. Apartment managers sent questionnaires to
current residents to determine income levels and family sizes. Based on the survey
results and other private financial information provided by the applicant, City staff
concluded that none of the resident families or individuals is low or moderate - income as
defined in State law and no replacement affordable housing units is required. A Coastal
Residential Development Permit, therefore, may be approved for this project.
Prepared by:
IDAid Lepo,
Hogle- Ireland, Inc.
Exhibits:
Submitted by:
0
Patricia Temple,
Planning Director
1. Draft Planned Community Development Regulations
2. Draft Resolution
3. Tentative Tract Map
4. Preliminary Plan
5, Conceptual Dock Improvements Plan
6. August 18, 2005 Staff Report (recycled)
EXHIBIT No. 1
Bayside Residential
Planned Community District
Development Regulations
Newport Beach, California
Adopted by Ordinance No. 2005 -_
<insert date>
V
TABLE OF CONTENTS
Bayside. Residential Planned Community District Regulations
Pane
Introduction.............................................................................. ..............................1
ProjectDescription .................................................................. ..........:.....:.............1
Section I Statistical Analysis ..................................... ............................... 5
Section II Development and Use Regulations ............ ..............................5
Section III Conditions of Approval .............................. ............................... 9
List of Figures
Figure I General Site Location ................................. ..............................3
FigureII Land Use Plan ............................................ ..............................4
FigureIII Site Plan ...................................................... .............................22
i
Zti
The subject of this document is a 3.92 -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 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 3.92 -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 a Coastal Development Permit from the California Coastal
Commission.
The general site location and land use plan for the subject property are set forth in
Figure I and Figure 2.
PROJECT DESCRIPTION
The Promontory Bay area of Newport 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
Z3
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 and sidewalk generally
consisting of a 4 -foot wide landscaped area and a 6 -foot wide sidewalk provide public
access from Bayside Drive along the westerly boundary of the planned community to
the North Channel of Newport Bay that separated the site from Balboa Island. The
easement has a viewing platform at the southwest corner of the planned community that
is connected to a 6 -foot wide gangplank that is connected to a 6- foot -wide floating
walkway parallel to the waterfront. The walkway provides access to the boat docks and
continues along the waterfront of the adjoining property on the east and terminates at
bayward of the Newport Beach Yacht Club that abuts Marine Avenue to the east. The
easement and walkway provide unobstructed public access to the waterfront
The 3.92 -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 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 private driveway providing access to all lots, a
recreation lot, which may include a pool, landscaped areas, and shared access to the
Promontory Bay walkway located between Lots 9 & 10. A 6 -foot wide fire access
easement, that must remain open and unobstructed at all times, connects the private
loop road to a gangplank and to the walkway at the boat docks.
Adoption of the Bayside Residential Planned Community District zoning designation and
corresponding Bayside Residential Planned Community District Development
Regulations for the subject property was deemed an appropriate means of integrating a
gated community of single- family, detached homes within the context of gated, attached
apartment and condominium communities within the immediate area. 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.
F
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VICINITY MAP
BAY HARBOR - T.M. 15323
PLANNED COMMUNITY DISTRICT
ADAMS • STREETER
CIVIL ENGINEERS, INC.
15 Corporate Park, Irvine, CA 92606
@m Ph: (949) 474 -2330 Fax: (949) 474 -0251
NOT TO SCALE CONTACT: FELIX GONZALEZ
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SECTION I STATISTICAL ANALYSIS
1. Area of Development
Total Area: 3.92 acres
2: Site Area and Usage
A. Individual residential leases 2.82 acres (Lots 1 -17)
B. Common recreation area: 0.19 acres. (Lot "A")
C. Irrevocable public access 0.14 acres (Lot "B ") `
D. Common open space & landscape 0.10 acres. (Lots "C ", "D ", &"H")
E. Vehicular driveways 0.67 acres (Lot "E ")
SECTION II DEVELOPMENT & USE REGULATIONS
1. 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
2. Intensity of Development
Maximum permissible number of units: 17 single - family, detached
dwellings
4. Minimum Lot Area and
Minimum lot areas are as indicated in Table 1, "Bayside Planned Community
District Regulations."
5. Maximum Buildable Area
Maximum buildable areas are as indicated in Table 1, `Bayside Planned
Community District Regulations."
6. Maximum Floor Area
The maximum allowable floor area is 1.75 times maximum buildable area as
indicated in Table 1, `Bayside Planned Community District Regulations."
5
99
7. Minimum Yards
Minimum yards are as indicated in Table 1, "Bayside Planned Community District
Regulations."
Table 1 Bayside Planned Community District Regulations
Minimum Maximum Maximum 3
Buildable Minimum Yards
Lot Lot Area Floor
(Sq. Ft.) ( Area ), Area' Front Side Rear
1
6,550
4,048
7,084
35'"
5r5.8
10i5
2
5,818
3,172
5,551
20'
5'
10'
3
10,754
6,230
10,902
18''
5'
10
4
7,800
4,649
8,135
.25''
5'
5'e
5
8,547
5,124
8,967
25''
5i9
5'8
6
6,500
3,740
6,545
25''
5'
5rs
7
8,125
4,899
8,573
25''
5'
5'e
8
6,500
3,649
6,386
25''
5'
5'8
9
8,148
4,666
8,166
20''
5'
5i8'70
10
7,155
4,113
7,198
20''
5'
5'8 -9
11
6,000
3,540
.6,195
20''
6'
5i8
12
6,000
3,540
6,195
20''
5'
5i8
13
6,000
3,327
5,822
20''
5710'
5'8
14
6,720
3,564
6;237
20''
51110'
5'8
15
8,400
3,856
6,748
15/'20'7,"
5i5
106.8
16
6,640
3,851
6,739
20'
5i5
10'5
17
5.800
3.364
5.887
20'
5'5
10'5
i 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
' Minimum 18' required between face of garage wall and back of curb
° Minimum 20' front yard if merged with Lot 2
5 Lots 1, 15, 16, & 17, minimum 19 yard required parallel to Bayside Drive and measured from the respective
landscape Lot "C" or Lot "D ".
8 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
Mi
S. 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.
9. Building Pad Elevations
Building pads adjacent to the bulk -head along Newport Channel may be raised to
an elevation not to exceed four (4) feet above the top of the existing bulk -head.
Building pads adjacent to the bulk -head along Promontory Channel may be
raised to an elevation not to exceed eight (8) feet above the top of the existing
bulk -head.
10. Vehicular Access
Vehicular access to all buildable lots within the Bayside Community shall be
provided by a private driveway that shall comply with City Council Policy L-4
except that sidewalks are not required. The minimum width of the private
driveways shall be 36 feet measured curb to curb when parking is allowed on
both sides of the private driveway and 32 feet curb to curb when parking is
allowed on one side or no parking is allowed. Curb -side parking spaces within on
Lot "E" shall. be 8' x 22' minimum. The Bayside P -C development may be a
private (gate guarded) community with secured vehicular access.
11. 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 approach to each garage of each single - family
dwelling. A total of 19 curb -side parking spaces shall be provided on the
common, private driveway that provides access to each buildable lot.
Driveway approaches to each dwelling shall not exceed 20 feet for a two -car
garage, 25 feet for a three -car garage, and 32 feet for a four -car garage. A
maximum of 1 driveway approach is permitted dwelling.
99
12. Sions
All signs shall conform to the all applicable sign standards of the Municipal Code.
A sign program for the Bayside Planned Community shall be submitted pursuant
to Section 20.67 of the Zoning Code for review and approval by the Planning
Director.
13. Li htin
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.
14. Fences. Hedges and Walls
Fences, hedges and walls shall be limited to three (3) feet in height in all front
yards and in the rear. yards of waterfront lots (Lots 3 -15). 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 front yard from the setback line to the waterfront property
line.
Walls that extend in the same plane as the front (common driveway -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.
15. Arbors and Trellises
Arbors and trellises may project into yards abutting the common driveway
provided no such structure is closer than four (4) feet to the property line. The
footprint area of such structures shall not exceed forty (40) square feet with a
maximum height of ten (10) feet. Arbors and trellises must be at least 50% open.
Ta J
16. Fireplaces and Barbeques
Freestanding fireplaces and barbeques may project into all residential side yards,
into rear yards of non - waterfront lots (Lots 1, 2, 16, 17) and front yards of
waterfront lots (Lots 3 -15) provided a minimum distance of four (4) feet is
maintained between the fireplace or barbeques and the respective side, rear, or
front property line. No fireplace or barbeque including chimney may exceed ten
(10) feet in height. Fireplaces and barbeques shall not be located to impede
emergency access.
17. 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 four (4) feet from the nearest property line or lines.
Freestanding fireplaces or barbeques in common areas are permitted with a
maximum height of ten (10) feet and subject to compliance with the requirements
of the Uniform Building Code. Fireplaces and barbeques must be located at
least four (4) feet from the nearest property line or lines.
SECTION III CONDITIONS OF APPROVAL
The following conditions shall apply to all development pursuant to the Bayside Planned
Community Development Regulations:
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 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
3z
Stormwater Pollution Prevention Plan (SWPPP). Existing drainage outlets within
the existing seawalls 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 shall be designed and constructed in accordance with the
current edition of the City Design Criteria, Standard Special Provisions, and
Standard Drawings.
8. The California Vehicle Code shall be enforced on the private streets and drives,
and delineation acceptable to the Police Department and Public Works
Department shall be provided along the sidelines of the private streets and
drives.
9. Curb -side collection of refuse shall be subject to City of Newport Beach approval.
% The design of pedestrian facilities 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 minimum width for all public access along the water
front shall be six (6) feet clear and shall be upgraded to meet all ADA standards.
The public gangplank shall also be designed to meet ADA standards.
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, entry gates and
entry, all on -site drainage, sanitary sewer, water, and electrical systems shall be
owned, 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.
15. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the Planned Community District
Regulations.
10
M
16. The development shall be in substantial conformance with the approved Tentative
Tract as Exhibit No. 1 and the Preliminary Plan marked as Exhibit No. 2 to Planning
Commission Staff Report for PA 2004 -072 dated August 18, 2005.
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 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 15232. No dwelling may exceed a
height of twenty -eight (28) feet as measured from finished grade and consistent
with Municipal Code Section 20.65.030, "Measurement of Height ". 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 not be rented to anyone who is not an
owner or a resident of a dwelling on one of the 17 lots in this subdivision, not an
owner or a resident of the Cove Condominium, or not entitled to rent a slip at this
location through terms of the existing agreement or a new agreement with the
Newport Beach Yacht Club. This restriction 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.
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.
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24. The applicant shall prepare plans for gangplank and dockway improvements and
for related improvements necessary to comply with handicapped access
requirements of the California Building Codes and to enhance pedestrian safety
and improve the visual character of the gangplank and dockway through inclusion
of lighting, railings, and other appropriate improvements. The plans shall be
developed in consultation with the City's Harbor Resources Division and subject to
final approval by Harbor Resources, Public Works, and. Planning.
25. The gangplank and dockway 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 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 accommodate the
perimeter wall to be reconstructed along the Bayside Drive and a minimum 4-
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foot -wide landscaped setback between the Bayside Drive right -of -way and the
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 Developer shall execute an agreement to provide and maintain public
access as identified within this Planned Community District Regulations.
35. 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.
36. 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.
37. Submit written documentation from the holders of the various existing easements
shown on the Tentative Trace 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.
38. Easements for public emergency and security ingress /egress, weekly refuse
service, and public utility purposes on all private streets shall be dedicated to the
City. Said easements shall be shown on the tract maps.
39. No structures shall be constructed within the limits of any utilities easements.
40. All applicable fees shall be paid prior to the City approval of the Final Tract Map.
41. 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.
42. All improvements within the public right -of -way shall be designed and
constructed per City Standards.
43. In the event that private construction work damaged existing public
improvements surrounding the site, the Public Works Inspector at his discretion
will require additional public works reconstruction work as needed.
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44. The centerline of the curb access ramps proposed at the development site
entrance shall parallel with the Bayside Drive roadway alignment.
45. The construction of bulkhead and gangways requires separate plan check and
permits.
46. 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.
47. 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.
48. All improvements shall be designed and constructed in accordance with the
current edition of the City Design Criteria, Standard Special Provisions, and
Standard Drawings.
49. 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.
50. The entry gate, when fully opened, shall stay clear of the travel path of vehicles
making right turns into the Tract.
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 seawalls 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.
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.
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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 driveways 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. The project shall provide 45 feet of vehicle stacking distance prior to the entry
call box measured from the property line. Two entry lanes shall be provided,
one lane for guest call box use and one for residential use.
59. Provide details on the vehicular turnaround area for garaged vehicles exiting Lot
No. 9 and Lot No. 15.
60. On -site parking, vehicular circulation and pedestrian circulation system shall be
subject to further review by the City Traffic Engineer.
61. Provide Class III standpipe system at existing dock. Remove 2 % connections at
bulkhead.
62. 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.
63. Automatic fire extinguishing system required for residential units when the total
floor area exceeds 5,000 square feet.
64. Minimum width at entrance shall be 14 feet clear; preliminary plans shows less
than 14 feet at two locations.
65. Turning radius for fire apparatus shall not be less than 20 feet inside radius and
40 feet outside radius. Show on plan.
66. Any obstructions in required fire access roadways, including speed bumps and
speed humps, are prohibited.
67. Provide on -site public fire hydrants.
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68. 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.
69. 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.
70. 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.
71. Prior to the issuance of individual building . permits, the applicant shall provide
designs for building foundations and slabs appropriate to mitigating liquefaction
hazard.
72. Prior to the issuance of grading, the applicant shall provide results from an
inspection by a qualified engineer indicating the condition of the seawalls and
tiebacks and make repairs to same as necessary.
73. 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.
74. 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
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"Attachment C" of the DAMP title "Water Quality Management Plan Outline" and
be subject to the approval of the City.
75. 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.
76. - 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.
77. 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.
78. 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.
79. 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.
80. 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
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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.
81. 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.
82. 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.
83. 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.
84. 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
85. Prior to the issuance of a grading permit, the applicant shall prepare a
construction phasing plan and construction delivery plan that includes routing of
large vehicles for review by the City Public Works Department. Large vehicles
shall not be permitted to travel narrow streets and alleys, as determined by the
Public Works Department.
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
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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 that portion of City-owned property adjacent to the
northwesterly corner of Lot °B ". 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 hardscape.
h. Use of articulation and reinforcement of concrete slabs and footings.
i. 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;
b. All gates to property shall be automatic and provided with opticom and
knox key.
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.
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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 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;
G. 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;
i. 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
92. Durinq 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
PIC
113
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 on City -owned property adjacent to the
northwesterly corner of Lot "B" 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 landscaping.
96. Prior to issuance of any Certificate of Occupancy, applicant shall complete
improvements to the gangplank and dockway required herein.
97.
the tract, applicant shall provide an agreement, in form acceptable to the City
Attorney, which provides for maintenance of.the pedestrian accessway on Lot
"B ", the gangplank and dockway and 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 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.
21
EXHIBIT No. 2
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL
ADOPT MITIGATED NEGATIVE DECLARATION (SCH NO. 2005-
061019) AND MITIGATION MONITORING AND REPORTING
PROGRAM AND APPROVE CODE AMENDMENT NO. 2005 -0071
PLANNED COMMUNITY TEXT NO. 54, TENTATIVE TRACT MAP 2004-
001 (TRACT 15323), AND COASTAL RESIDENTIAL DEVELOPMENT
PERMIT NO. 2005 -001 FOR PROPERTY LOCATED AT 919 BAYSIDE
DRIVE (PA 2004 -072).
WHEREAS, an application was filed by UGS Development Inc. for a 3.92 -acre
property identified as 919 Bayside Drive. The application requests approval of a Code
Amendment to change the zoning district of the subject property from Multifamily
Residential to Planned Community and adopting Planned Community Text No. 54; a
Tentative Tract Map subdividing the subject property into 17 single - family lots for lease
purposes and 6 lots for recreation and swimming pool facilities, for public pedestrian
access, for landscaped areas, for private roads, and for private boat docks; and a
Coastal Residential Development Permit ensuring compliance with State law relative to
low and moderate income housing opportunities within the Coastal Zone.
WHEREAS, in accordance with California Environmental Quality Act (CEQA)
requirements, an Initial Study and a Notice of Intent to Adopt a Mitigated Negative
Declaration were distributed to all responsible and trustee agencies and other
interested parties for a 30 -day public review period commencing on June 3, 2005 and
ending on July 5, 2005.
WHEREAS, on August 18, 2005, the Planning Commission held a noticed public
hearing at which time the Mitigated Negative Declaration, together with comments
received thereon, and the Mitigation Monitoring and Reporting Program were
considered. Notice of time, place and purpose of the public hearing was given in
accordance with law and testimony was presented to and considered by the Planning
Commission at the hearing.
WHEREAS, the public hearing was continued and at the continued public
hearing on November 3, 2005, the Planning Commission considered the Mitigated
Negative Declaration, together with comments received thereon, and the Mitigation
Monitoring and Reporting Program.
WHEREAS, the City maintains and implements development standards through
the Zoning Ordinance which enables adoption of a Planned Community district.
WHEREAS, adoption of the Planned Community district and the Bayside
Residential Planned Community District Development Regulations accommodates
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 19
development of single - family dwellings which are permitted within the General Plan
Multi - Family Land Use designation and is thus consistent with the General Plan.
WHEREAS, the Tentative Tract Map subject to conditions of approval includes
required information including legal description of property, ownership, existing and
proposed uses and improvements, proposed lot sizes, • existing and proposed
infrastructure, and public and private easements in compliance with the Subdivision
Code and will not result in a detriment to the public health, safety, peace, morals,
comfort, or welfare of persons residing or working in or adjacent to the neighborhood of
such use, and will not be a detriment to the properties or improvements in the vicinity or
to the general welfare of the City for the following reasons:
1. Finding
The proposed subdivision is consistent with and serves to implement the
policies and provisions of the General Plan.
Facts
The General Plan Land Use Element directs that all subdivisions be consistent
with the Subdivision Code. Subject to Conditions of Approval, the Tentative
Tract Map is consistent with the Subdivision Code.
2. Finding
The design or improvement of the proposed subdivision is consistent with the
General Plan.
Facts
Consistency with the City of Newport Beach Land Use Element. The proposed
project site lies within the Promontory Bay Area, as defined in the City's Land
Use Element. The Promontory Bay Area includes Harbor Island, Linda Isle,
and all the area bounded by Newport Bay, Marine Avenue /Jamboree Road,
and East Coast Highway. Existing land uses within the Promontory Bay Area
are diverse and include Single - Family Detached Residential, Multi - Family
Residential, Neighborhood Commercial, Recreational and Marina, and
Recreational and Environmental Open Space land uses. The proposed project
would be consistent with existing and allowed land uses within the Promontory
Bay Area.
The Land Use Element designates the proposed project site as Multi - Family
Residential to reflect the existing apartment complex. As previously stated, the
proposed project would establish 17 residential lots. Single- family residences
are a permitted use within sites designated for multi - family residences (page 23
of the Land Use Element). Therefore, the proposed project would be consistent
with the Multi - Family Residential land use designation. It would also be
consistent with applicable policies of the Land Use Element.
Y7
City of Newport Beach
Planning Commission Resolution No. _
Page 3 of 19
Consistency with the City of Newport Beach Harbor and Bay Element. Policy
HB -1.1.2 of the Harbor and Bay Element requires that potential impacts on
water- dependent and water - related land uses and activities be considered
when reviewing proposal for land use changes. Land use changes associated
with the proposed project would be limited to the project site. No adjacent
properties would be impacted by the proposed project. Since no water - related
or water - dependent uses occupy the site, no impact to these uses would occur.
Consistency with the City of Newport Beach Housinq Element. The project will
eliminate 64 apartments and replace them with 17 single - family residences for
an overall reduction of 47 units. The City has approximately 14,600 rental units
out of approximately 37,500 total housing units (2000 Census), and the
reduction and change in housing type is not considered significant. Goal 2 of
the Housing Element states that the City will "provide a balanced residential
community, comprised of a variety of housing types, designs, and opportunities
for all social and economic segments, including very low -, low -, moderate- and
upper- income individuals and households." The proposed project is consistent
with this goal and is not inconsistent with any other goals or policies in the
Housing Element.
Consistency with the City of Newport Beach Local Coastal Program Land Use
Plan. According to the City's Local Coastal Program Land Use Plan ( LCPLUP),
the proposed project is located in the Coastal Zone. Therefore, a coastal
development permit (CDP) is required from the California Coastal Commission.
The LCPLUP references the fact that the project site is designated for Multi -
Family Residential Use and is allowed one unit for each 2,178 square feet of
buildable lot area. As previously discussed, the proposed project is consistent
with this designation.
Section 30210 -30212 of the California Coastal Act (CCA) requires that public
access and recreational opportunities be provided for all the people of the state,
that development not interfere with the public's right of access, and that new
development provide public access to the shoreline. As previously discussed,
the proposed project would provide public access to Promontory Bay and North
Bay Front via public walkways, and would improve elements within those
walkways to meet current ADA requirements.
The proposed project is not a recreation or visitor - serving facility. It would not
require diking, dredging, filling or shoreline structures, and it does not propose
construction or expansion of public works facilities. The LCPLUP does not
identify the proposed project site as an environmentally sensitive habitat area
or hazard area.
[O
City of Newport Beach
Planning Commission Resolution No. _
Page 4 of 19
Water and marine resources adjacent to the proposed project site would be
protected through implementation of the Standard Conditions listed in the
Hydrology and Water Quality section, above. The proposed project would
preserve and provide for continued operation of the existing dock areas along
North Bay Front.
Sections 30244, 30250(a), 30252, and 30253(3) and (4) of the CCA provide
criteria for the location of new development. These criteria specify that new
development should generally be concentrated in areas of existing
development, preserve public access, provide adequate support facilities
including provisions for recreational facilities, and preserve archaeological and
paleontological resources. The proposed project, as conditioned by the
standard conditions and mitigation measures contained within this document,
would fully comply with these criteria.
The LCPLUP does not list the proposed project site as a primary view area.
Consequently, it is not subject to Sections 30251 and 30253(5) of the CCA.
Since the proposed project is not a new visitor - serving facility or coastal -
dependant use and it does not require an oceanfront encroachment, the
LCPLUP's policies specific to new development are not applicable to the
proposed project.
3. Finding
The site is suitable for the type of development.
Facts
The site is generally level and currently developed with multiple - family dwelling
units at densities greater than that proposed. No problems or adverse site
conditions have been identified on the site as currently developed.
Consequently, the site is determined to be physically suited for the
development proposed.
4. Finding
The site is physically suitable for the density of development.
Facts
The site is generally level and currently developed with multiple - family dwelling
units at densities greater than that proposed. No problems or adverse site
conditions have been identified on the site as currently developed.
Consequently, the site is determined to be physically suited for the density of
development proposed.
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Planning Commission Resolution No. _
Page 5 of 19
5. Finding
The design of the subdivision and type of improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
Facts
An Initial Study prepared in conjunction with this project and included in the
administrative record was the basis for adoption of a Mitigated Negative
Declaration for this project which indicated that all environmental impacts,
including those to fish, wildlife or their habitat, are less than significant or, with
mitigation, are reduced to a less than significant level.
6. Finding
The proposed subdivision is not likely to cause serious public health problems.
Facts
An Initial Study prepared in conjunction with this project and included in the
administrative record was the basis for adoption of a Mitigated Negative
Declaration for this project which indicated that all environmental impacts,
including those that could affect human health, are less than significant or, with
mitigation, are reduced to a less than significant level.
7. Finding
The proposed subdivision will not likely conflict with easements, acquired by the
public at large, for access through or use of property within the proposed
subdivision.
Facts
The proposed subdivision is proposed to be gate - guarded and generally not
accessible to the public. An existing easement providing access to the bay
front along the westerly edge of the property is preserved with this tract map
and upgrades to physical improvements on this easement are included as part
of this project. In addition, the tentative tract map dedicates an easement to the
public for passage over a walkway along the bayfront.
WHEREAS, a Coastal Residential Development Permit processed for this project
to implement provisions of the California Coastal Act relative to displacement of low and
moderate income households within the Coastal Zone indicated that demolition of
existing multiple family residential dwelling units on the project site will not result in
displacement of any low or moderate income households.
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City of Newport Beach
Planning Commission Resolution No. _
Page 6 of 19
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach does hereby
find, on the basis of the whole record, that there is no substantial evidence that the project
will have a significant effect on the environment and that the Mitigated Negative
Declaration reflects the Planning Commission's independent judgment and analysis. The
Planning Commission hereby recommends that the City Council adopt Mitigated
Negative Declaration SCH No. 2005 - 061019 and the Mitigation Monitoring and
Reporting Program included therewith. The documents and all material which constitute
the record upon which this decision was based are on file with the Planning Director,
City Hall, 3300 Newport Boulevard, Newport Beach, California.
Section 2. Based on the aforementioned findings, the Planning
Commission hereby recommends that the City Council approve Code Amendment
No. 2005 -007, Planned Community Text No. 54, Newport Tract Map No. 2004 -001
(TR15323), and Coastal Residential Development Permit No. 2005 -01 subject to
Conditions of Approval as set forth in Exhibit "A" attached hereto and made part
hereof.
Section 3. The Zoning Map is revised as indicated in Exhibit "B" attached
hereto and made part hereof.
ADOPTED THIS 3rd DAY OF NOVEMBER 2005.
E1.0
Michael Toerge, Chairman
Jeffrey Cole, Secretary
AYES:
NOES:
ABSENT:
S/
City of Newport Beach
Planning Commission Resolution No. _
Page 7 of 18
Exhibit "A"
Conditions of Approval for
Newport Tract No. 2004 -001 (TR15323)
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):
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 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). Existing drainage outlets within
the existing seawalls 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 shall be designed and constructed in accordance with the
current edition of the City Design Criteria, Standard Special Provisions, and
Standard Drawings.
8. The California Vehicle Code shall be enforced on the private streets and drives,
and delineation acceptable to the Police Department and Public Works
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City of Newport Beach
Planning Commission Resolution No. _
Page 8 of 19
Department shall be provided along the sidelines of the private streets and
drives.
9. Curb -side collection of refuse shall be subject to City of Newport Beach approval.
10. The design of pedestrian facilities 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 minimum width for all public access along the water
front shall be six (6) feet clear and shall be upgraded to meet all ADA standards.
The public gangplank shall also be designed to meet ADA standards.
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, entry gates and
entry, all on -site drainage, sanitary sewer, water, and electrical systems shall be
owned, 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.
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 as Exhibit No. 1 and the Preliminary Plan marked as Exhibit No. 2 to Planning
Commission Staff Report for PA 2004 -072 dated August 18, 2005.
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
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City of Newport Beach
Planning Commission Resolution No. _
Page 9 of 19
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 53232. No dwelling may exceed a
height of twenty -eight (28) feet as measured consistent with Municipal Code
Section 20.65.030, "Measurement of Height'. 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 not be rented to anyone who is not an
owner or a resident of a dwelling on one of the 17 lots in this subdivision, not an
owner or a resident of the Cove Condominium, or not entitled to rent a slip at this
location through terms of the existing agreement or a new agreement with the
Newport Beach Yacht Club. This restriction 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.
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 gangplank and dockway improvements and
for related improvements necessary to comply with handicapped access
requirements of the California Building Codes and to enhance pedestrian safety
and improve the visual character of the gangplank and dockway through inclusion
of lighting, railings, and other appropriate improvements. The plans shall be
developed in consultation with the City's Harbor Resources Division and subject to
final approval by Harbor Resources, Public Works, and Planning.
25. The gangplank and dockway shall be designed to meet exiting and fire protection
requirements as specked 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.
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City of Newport Beach
Planning Commission Resolution No.
Page 10 of 19
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 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 accommodate the
perimeter wall to be reconstructed along the Bayside Drive and a minimum 4-
foot -wide landscaped setback between the Bayside Drive right -of -way and the
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 Developer shall execute an agreement to provide and maintain public
access as identified within this Planned Community District Regulations.
35. 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
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City of Newport Beach
Planning Commission Resolution No. _
Page 11 of 19
City Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
36. 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.
37. Submit written documentation from the holders of the various existing easements
shown on the Tentative Trace 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.
38. Easements for public emergency and security ingress /egress, weekly refuse
service, and public utility purposes on all private streets shall be dedicated to the
City. Said easements shall be shown on the tract maps.
39. No structures shall be constructed within the limits of any utilities easements.
40. All applicable fees shall be paid prior to the City approval of the Final Tract Map.
41. 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.
42. All improvements within the public right -of -way shall be designed and
constructed per City Standards.
43. In the event that private construction work damaged existing public
improvements surrounding the site, the Public Works Inspector at his discretion
will require additional public works reconstruction work as needed.
44. The centerline of the curb access ramps proposed at the development site
entrance shall parallel with the Bayside Drive roadway alignment.
45. The construction of bulkhead and gangways requires separate plan check and
permits.
46. 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.
47. 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
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City of Newport Beach
Planning Commission Resolution No.
Page 12 of 19
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.
48. All improvements shall be designed and constructed in accordance with the
current edition of the City Design Criteria, Standard Special Provisions, and
Standard Drawings.
49. 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.
50. The entry gate, when fully opened, shall stay clear of the travel path of vehicles
making right turns into the Tract.
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 seawalls 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.
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 driveways 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.
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City of Newport Beach
Planning Commission Resolution No. _
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58. The project shall provide 45 feet of vehicle stacking distance prior to the entry
call box measured from the property line. Two entry lanes shall be provided,
one lane for guest call box use and one for residential use.
59. Provide details on the vehicular turnaround area for garaged vehicles exiting Lot
No. 9 and Lot No. 15.
60. On -site parking, vehicular circulation and pedestrian circulation system shall be
subject to further review by the City Traffic Engineer,
61. Provide Class III standpipe system at existing dock. Remove 2 % connections at
bulkhead.
62. 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.
63. Automatic fire extinguishing system required for residential units when the total
floor area exceeds 5,000 square feet.
64. Minimum width at entrance shall be 14 feet clear; preliminary plans shows less
than 14 feet at two locations.
65. Turning radius for fire apparatus shall not be less than 20 feet inside radius and
40 feet outside radius. Show on plan.
66. Any obstructions in required fire access roadways, including speed bumps and
speed humps, are prohibited.
67. Provide on -site public fire hydrants.
68. 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.
69. 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.
70. 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
City of Newport Beach
Planning Commission Resolution No. _
Page 14 of 19
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.
71. Prior to the issuance of individual building permits, the applicant shall provide
designs for building foundations and slabs appropriate to mitigating liquefaction
hazard.
72. Prior to the issuance of grading, the applicant shall provide results from an
inspection by a qualified engineer indicating the condition of the seawalls and
tiebacks and make repairs to same as necessary.
73. Prior to the issuance of a Grading permit, a Stonnwater 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.
74. 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.
75. 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.
76. 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
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City of Newport Beach
Planning Commission Resolution No. _
Page 15 of 19
NPDES statewide General Construction Activity Stormwater Permit from the
State Water Resources Control Board.
77. 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.
78. Prior to issuance of a grading permit, a geotechnical report shall be submitted
with construction drawings fot 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.
79. 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.
80. 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.
81. 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
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City of Newport Beach
Planning Commission Resolution No. _
Page 16 of 19
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 ownerideveloper shall install these barriers.
82. 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.
83. 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.
84. Prior to the issuance of abrading 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
85. Prior to the issuance of a grading permit, the applicant shall prepare a
construction phasing plan and construction delivery plan that includes routing of
large vehicles for review by the City Public Works Department. Large vehicles
shall not be permitted to travel narrow streets and alleys, as determined by the
Public Works Department.
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 that portion of City-owned property adjacent to the
northwesterly corner of Lot "B ". 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
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City of Newport Beach
Planning Commission Resolution No. _
Page 17 of 19
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 hardscape.
h. Use of articulation and reinforcement of concrete slabs and footings.
i. 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;
b. All gates to property shall be automatic and provided with opticom and
knox key.
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.
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Planning Commission Resolution No. _
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91. 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;
i. 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;
1. 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
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.
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City of Newport Beach
Planning Commission Resolution No. _
Page 19 of 19
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 and
execute an agreement, in a form acceptable to the City Attorney, which provides
for maintenance of landscaping on City -owned property adjacent to the
northwesterly corner of Lot "B" 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 landscaping.
96. Prior to issuance of any Certificate of Occupancy, applicant shall complete
improvements to the gangplank and dockway required herein.
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 accessway on Lot
W, the gangplank and dockway and 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 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.
(.�y
Exhibit 3
Tentative Tract Map
(Provided Separately Due to Bulk)
gm
Exhibit 4
Preliminary Plan
(Provided Separately Due to Bulk)
67